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2018-10-16 Council PKT - Regular CITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall October 16, 2018 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE Moment of Silence in honor of Dr. Mildred 011ee 3. PRESENTATIONS a. Arts Alive Presentation —Arts Commission Chair44 b. Proclamation: Domestic Violence Awareness Month ...page 3 c. Mayor's Emerging Issues and Report • Report on Events: Communities in Schools - 10/12, FWCCN Souper Supper- 10/12, Sound Transit TDLE Elected Leadership Group - 10/12; Reach Out Breakfast- 10/12, Compost&Gardening Event- 10/13 • Upcoming Events: MSC Help Luncheon - 10/18; Tricks &Treats Funfest- 10/27 d. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Deputy Mayor Report 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 maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: October 2, 2018 Regular and Special Meeting Minutes ...page 4 b. First Amendment for the Park and Recreation Program Guide ...page 13 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. c. Washington State Patrol (WSP) Academy Facility Use Agreement ...page 19 d. 21st Ave S (S 320th St to S 316th St) Pedestrian Improvements — Project Acceptance ...page 27 e. Sherwood Forest '18 NTS — 18th Avenue SW & SW 353rd Place ...page 29 f. Lakota Park Stormwater Facility Repair Project— Final Acceptance ...page 33 g. West Hylebos Creek S 373rd Street Gravel Removal Project— Final Acceptance ...page 35 6. COUNCIL BUSINESS a. Approval of Federal Way Mayor's Quiet and Healthy Skies Task Force Report ...page 37 b. RESOLUTION: City Council Mentorship Program ...page 113 c. Council Discussion regarding Optional Budget Meetings on October 23 and 30 7. ORDINANCES First Reading a. Council Bill #744 Construction Projects —Apprentice Requirements AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, RELATING TO THE ESTABLISHMENT OF APPRENTICESHIP UTILIZATION REQUIREMENTS FOR PUBLIC WORKS CONTRACTS OF MORE THAN $2,000,000;AND ADDING NEW CHAPTER TO TITLE 3 FWRC. ...page 141 b. Council Bill #745 Amending FWRC Chapters 19.142 and 15.15 Flood Damage Prevention AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FLOODPLAIN DEVELOPMENT AND PERMITTING PROCESSES WITHIN THE CITY; AMENDING FWRC 19.14.040, 19.142.050, 19.142.060; AND REPEALING CHAPTER 15.15 FWRC. (AMENDING ORDINANCE NUMBERS 06-536, 09-593, AND 09-597.) ...page 147 8. COUNCIL REPORTS 9. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. .44k CITY OF Ipt- Federal Way PROCLAMATION "Domestic Violence Awareness Month" October 2018 WHEREAS,domestic violence is a serious crime that affects people of all races,ages,gender,and income levels;and WHEREAS,according to the Washington Association of Sheriff's and Police Chiefs,police respond to about 50,000 domestic violence calls every year in Washington and approximately 2,100 domestic violence calls every year in the City of Federal Way;and WHEREAS,even with the significant number of calls responded to by police,70%of domestic violence that occurs goes unreported;and WHEREAS,although men and children can be victims of domestic violence it is committed predominately against women and is the leading cause of injury to women between the ages of 15 to 44 in the United States-more than car accidents,muggings and rapes combined;and WHEREAS,children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average;and children that experience domestic violence are impacted in their education and are more likely to continue the cycle of domestic violence in dating relationships as youth and in adult relationships;and WHEREAS, each year, medical expenses from domestic violence total at least $3 to $5 billion dollars, and businesses forfeit another$100 million dollars in lost wages,sick leave,absenteeism and non-productivity;and WHEREAS, in response to the prevalence of domestic violence in this community, the Federal Way Domestic Violence Task Force members have been working toward promoting prevention, victim safety, community awareness and abuser accountability through organization,education and outreach; NOW,THEREFORE,we,the undersigned Mayor and City Councilmembers of the City of Federal Way,do hereby proclaim the month of October 2018 as"Domestic Violence Awareness Month",and urge our citizens to recognize this critical problem facing our entire community,work to prevent domestic violence,increase services to domestic violence victims and their children, and continue efforts to eliminate this crime which affects all of us in this community,our state,and in our nation. SIGNED this 16th day of October,2018 FEDERAL WA YMAYOR AND CITY COUNCIL .eini.r" 4.„,,ja k_' FGam`, Ferret, MayorSu Honda, Deputy Mayor 44: Assefa-Daws.!A,Councilmember J 'E.Johnson,Councilmember "/ Jr ,-.Z — - Hang rangy ouncilmember aclFK/o�T�n9, ncilmer i. - aOe i Martin Moo e,Councilmember Dini Duclos,Councilmember COUNCIL MEETING DATE: October 16,2018 ITEM#: 5a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the October 2,2018 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the October 2, 2018 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: k�i Committee Council Im al/Dateo Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2016 RESOLUTION# CITY OF �.... Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall October 2, 2018 — 5:00 p.m. DRApr 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:02 p.m. City officials in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney Councilmember Martin Moore joined the meeting at 5:03 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. BUDGET WORKSHOP — 2019/2020 BIENNIAL BUDGET a. Department Presentations: • Council budget was presented by Deputy Mayor Honda. • Mayor's Office budget was presented by Mayor Ferrell. • Information Technology budget was presented by Manager Thomas Fichtner. • Emergency Management budget was presented by Emergency Manager Ray Gross. b. Citizen Comment Judy James spoke in support of retail marijuana stores indicating they would provide additional revenue to the city. Lamont Styles shared concerns with the imbalance of funded and underfunded programs; he is not confident that the Council will make the right decisions. Clifford Gahrett spoke in support of retail marijuana stores in the city as he believes the city would receive over$800,000 in tax revenue. Federal Way City Council Special Minutes Page 1 of 2 October 2, 2018 4. COUNCIL DELIBERATIONS The Mayor and Council thanked staff for their presentations tonight. 5. EXECUTIVE SESSION • Potential Litigation Pursuant to RCW 12.30.110(1)(i) canceled 6. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:57 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 October 2, 2018 CITY OF N... Federal Way CITY COUNCIL REGULAR MEETING MINUTES 444 Council Chambers - City Hall October 2, 2018 — 7:00 p.m. pr 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:07 p.m. City officials in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney 2. PLEDGE OF ALLEGIANCE Boy Scout Troop 302 led the Pledge of Allegiance. COUNCILMEMBER MOORE MOVED TO AMEND THE AGENDA TO ADD A BUSINESS ITEM FOR COUNCIL DISCUSSION ON FUNDING THE GET OUT TO VOTE EVENT; SECOND COUNCILMEMBER JOHNSON. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 3. PRESENTATIONS a. Chief of Police Andy Hwang — Police Accountability Police Chief Andy Hwang provided information and background on the Police Department including CALEA National Accreditation; Complaints; Use of Force;Training; and the Chief's Advisory Board. • Chief's Call/Chief's Advisory Group He introduced the Chief's Advisory Board Chair Dr. Bob McKenzie. Dr. McKenzie spoke regarding the group of non-police civilians who advise the Chief of Police on issues that have an impact on the ongoing relationships with the community. The Mayor and Council asked questions and received clarification regarding Chief Hwang's presentation as well as the information presented by Dr. McKenzie. Federal Way City Council Regular Minutes Page 1 of 6 October 2, 2018 b. Status of Hunter v. City of Federal Way City Attorney Ryan Call provided a broad overview of the defense's view of incident as well as the court case. The police have investigated the matter internally and found the officers' actions to be consistent with department policy. He further indicated that an appeal has been made and arguments for this appeal were outlined. At 8:31 p.m. Mayor Ferrell announced the Council would be taking a brief three minute recess. Mayor Ferrell resumed the meeting at 8:36 p.m. c. Proclamation: Emergency Nurses Week (October 7-13) Deputy Mayor Honda read and presented the proclamation to Andi Foley, Emergency Services Clinical Nurse Specialist from Saint Francis Hospital. Ms. Foley thanked the Mayor and Council for recognizing the many dedicated nurses who work tirelessly to take care of the corn munity. d. Proclamation: 30th Anniversary of Federal Way Historical Society Councilmember Duclos read and presented the proclamation to the Federal Way Historical Society Members Diana Noble-Gulliford and Jerry Knutson. Mr. Knutson thanked the Mayor and Council for the recognition and noted their full board was in attendance for this honor. e. Mayor's Day of Concern Report (September 15) Human Services Coordinator Sarah Bridgeford shared the success of the 2018 Mayor's Day of Concern Food Drive. This is an annual event with this year's donations totaling 16,105 pounds of food and $803.96 in cash donations. Laura Moser with Waste Management expressed their delight with participating, specifically noting the curbside pickup service they provided. f. Certificate of Appointment—Youth Commission Councilmember Johnson recognized the appointment of Ainsley Yoshizumi as a voting member of the Youth Commission. g. Mayor's Emerging Issues and Report • Update on 2019-2020 Budget Meetings Mayor Ferrell reported on the progress of the ongoing budget meetings indicating the next meeting is scheduled for October 23. • Report on City's Fall Recycling Event at Wild Waves (September 22) Public Works Director EJ Walsh reported on the success of the Fall Recycling Event. Highlights included near record levels of service resulting in: o 15,860 pounds of shredded documents. o 104,000 pounds of appliances and scrap metal recycled. o 250,000 pounds of material recycled or reused. Federal Way City Council Regular Minutes Page 2 of 6 October 2, 2018 • Report on Community Events Mayor Ferrell plans to attend both the Federal Way Community Care Giving Network (FWCCN)Annual Souper Supper as well as the Reach Out Breakfast both on October 12 (5:30 p.m. and 7:30 a.m. respectively). h. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Duclos shared that the Housing and Homelessness Partnership Presentation was forwarded from the most recent FEDRAC meeting. She indicated the next FEDRAC meeting is a Special Meeting/Budget Workshop scheduled for October 8. Lodging Tax Advisory Committee (LTAC) Councilmember Moore shared the due date for Tourism Enhancement Grant submittals is October 15 and directed questions to Economic Development Director Tim Johnson. Land Use/Transportation Committee (LUTC) Councilmember Koppang highlighted the projects on the agenda from the Surface Water Management Division were completed under budget; these funds will move forward to their 2019 budget for future projects. The Committee also forwarded the Quiet & Healthy Skies Task Force Report to Council for approval Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Johnson announced that Tuesday,October 9,the Federal Way Youth • Action Team will be presenting with Rugged Genius at the PRHSPS Meeting. Deputy Mayor Report Deputy Mayor Honda reported that the final department presentation for the Budget was at the Special Meeting preceding this meeting and Council would now move forward into Budget Deliberations. She reminded Council of the open positions on South Cities Association Boards. 4. CITIZEN COMMENT Lyn Idahosa thanked the mayor for looking into the police accountability board as she would like a commission that can make independent recommendations. She wants to see programs for kids and youth that would reduce the policing needs in the future. Dana Hollaway highlighted that three Public Words Department projects reviewed at LUTC came in under budget. She shared that with limited revenue she does not believe the city should enter into any additional Interlocal Agreements. Cheryl Hurst expressed frustration that people are not educating themselves on what it takes to be a police officer or city councilmember. She reminded people that a first responder is always entering into an unknown and acts per their training and experience. She suggested after voicing concerns people should become part of the solution. Lamont Styles reminded those in attendance that we are a collage of different cultures and are all human beings. We should be careful of our words and interactions. The citizens and Federal Way City Council Regular Minutes Page 3 of 6 October 2, 2018 councilmembers should work together as we are a team. Betty Taylor shared that former School Board Member Dr. Mildred 011ee passed away and recognized the contributions she made to Federal Way. Ms. Taylor stated she is a community advocate and shared her thoughts on interactions between police and the community. 5. CONSENT AGENDA a. Minutes: September 18, 2018 Regular Meeting; September 26, 2018 Special Meeting; September 27, 2018 Special Meeting b. Vouchers—July 2018 c. Voucher—August 2018 d. Monthly Financial Report—July 2018 e. Monthly Financial Report—August 2018 f. Grant Acceptance for Performing Arts & Event Center Sign from 4Culture g. RESOLUTION: Authorization of a Interfund Loan to PAEC Checking Account/APPROVED RESOLUTION#18-734 h. 2018 Operable Wall Replacement for Federal Way Community Center DEPUTY MAYOR HONDA MOVED APPROVAL OF CONSENT AGENDA ITEMS A-H; COUNCILMEMBER DUCLOS SECOND. Motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. COUNCIL BUSINESS a. South King County Housing & Homelessness Presentation — Information Only Executive Director Marty Kooistra and Advocacy Mobilization Manager Patience Malaba with the Housing Development Consortium, shared their proposal for a South King Housing and Homelessness Partnership (SKHHP) Program. This proposal was to create a formal collaboration among South King County cities to enhance the ability to meet affordable housing and homelessness needs. Their efforts to date were highlighted and an invitation was extended to the city. Mayor Ferrell and Council thanked Mr. Kooistra and Ms. Malaba for their work as well as their presentation. Council discussed the challenges and needs within the community as well as what would be required of the city monetarily to participate as well as what results could be expected. DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE AND ALLOW THE MEETING TO CONTINUE PAST 10:00 P.M.;COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-DawsonY es Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 4 of 6 October 2, 2018 b. (Added) Council Discussion on Funding Get out to Vote event Councilmember Moore introduced a proposal for a financial contribution from the City Council Budget for a City of Federal Way Rally to Vote event. Councilmember Johnson introduced Shyan Selah,founder of Brave New World. Mr. Selah outlined his background and vision for the event. It was explained the goal of this event would be to increase voter turnout. Mr. Selah was seeking an endorsement from the Council before moving forward with locating a venue or vendors.They requested an allocation of$3,500 from City Council professional services fund to organize a public gathering/festival. Council expressed support for the idea of increased civic involvement and asked questions regarding the timing, use of budget dollars, and the possibility of monetary support in subsequent years after additional planning has been completed.A consensus was reached to discuss this at a future date. 7. COUNCIL REPORTS Councilmember Duclos had no report. Councilmember Moore thanked Chief Hwang and City Attorney Call for the information presented at the meeting. He encouraged additional citizen participation as the budget process continues. He expressed appreciation to Jeanette Brizendine, Recycling Project Manager, and for her efforts in donating food to Federal Way Caregivers Network. Councilmember Koppang spoke regarding afterschool youth engagement as recommended by the Violence Prevention Coalition Steering Committee. He noted the Boys and Girls Club has been creating that solution for years. He attended the "Breakfast for Kids" fundraiser event for this club where a record-breaking total of over$71,000 was raised. Councilmember Tran reminded those in attendance that October is Breast Cancer Awareness Month noting his support by wearing a pink tie. He shared various ideas of what support for the cause could look like. Councilmember Johnson shared condolences to the friends and family of Dr. Mildred 011ee.She often said said "kids are beautiful, brilliant and brimming with hope". His hope is that Council remembers this sentiment as the budget,process moves forward. Councilmember Assefa-Dawson also expressed condolences to Dr.011ee's family.She reminisced on the support Dr. 011ee provided her when she was first elected. Deputy Mayor Honda attended the"We Love Our City"event working at the blueberry farm as well as the Lei Project with Betty Taylor. She attended the Valley Cities ribbon cutting this week. She shared that she and Council understand the budget is a big responsibility and want citizens and business owners to know they are all taking it seriously. 8. EXECUTIVE SESSION At 11:02 p.m. Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 20 minutes. Federal Way City Council Regular Minutes Page 5 of 6 October 2, 2018 • Potential Litigation Pursuant to RCW 42.30.110(1)(i) 9. ADJOURNMENT The City Council returned to Chambers at 11:28 p.m. There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting 11:28 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 October 2, 2018 5b COUNCIL MEETING DATE: October 16,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:FIRST AMENDMENT FOR THE PARKS AND RECREATION PROGRAM GUIDE POLICY QUESTION: Should the City Council Authorize a first amendment to the Consolidated Press Agreement? COMMITTEE: PRHSPS MEETING DATE: 10/9/18 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cod Geddes,Recreation Manager DEPT: Parks Attachments: Memo,Contract Amendment#1 Options Considered: 1) Authorize a first amendment to the Consolidated Press Agreement by extending their term an additional 5 years and increase compensation$148,500.00 for a contract total of$196,378.60. 2) Do not authorize a first amendment and provide direction to staff. ....................................................................................................................................................................................................................................... ............ MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Jj4T' 9y-DIRECTOR APPROVAL9/z$//J Coun / i InihaUDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed first amendment to the October 16, 2018 consent agenda for approval. • r Committee Chair Committ e Member Corn ,:tr a Member PROPOSED COUNCIL MOTION: "I move approval of the Consolidated Press first amendment, effective January 1St, 2019 through December 31st, 2023 with a total compensation of$196,378.60 and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# • REVISED—12/2017 RESOLUTION# 1114, CITY OF 4%44...... Federal Way Parks Department Date: Sept 6, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Cody Geddes, Recreation Manager Subject: Parks and Recreation 2019 Program Guides Background: In 2018 after careful consideration we awarded the printing of the recreation program guides to Consolidated Press and have been very happy with the product they produced. They have proven to hit deadlines, clearly communicate, and overall produce high quality work. They continue to exceed our expectations and we are looking forward to extending their contract. Recommendation: Staff would like to continue the services of Consolidated Press for another five years. Financial Summary: $9,000 x 3 = $27,000 Annual Catalog printing $27,000 x 5yrs = $135,000 Cost over 5 years $13,500 10% Contingency for inflation $148,500 Total compensation over five year Note: This bid amount is within the annual budgeted recreation marketing, advertising, printing, and postage. (001-7200-352-571-10-___) CITY OF CITY HALL ' outh Federal Way�..... 33325 8th Avenue Federal Way,WA 980038003 -6325 (253)835-7000 www cityoffederalway corn AMENDMENT NO. 1 TO GOODS AND SERVICES AGREEMENT FOR 2018 PARKS AND RECREATION PROGRAM GUIDES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and Consolidated Press LLC,a Washington limited liability company("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for 2018 Parks and Recreation Program Guides("Agreement")dated effective November 13, 2017, as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2023 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement,shall be amended to include,in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-1,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term. Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. 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 - 3/2017 41/46. CITY OF CITY HALL FederaI Way Federal 8th Avenue South Federal WWay,WA 98003-6325 (253) 835-7000 www crtyoffederatway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney CONSOLIDATED PRESS LLC: By: Brenda Rossman, Vice President Date: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Brenda Rossman,to me known to be the Vice President of Consolidated Press LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the uses and purposes therein mentioned,and on oath stated that she was authorized to execute said instrument. 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 - 3/2017 CITY OF CITY HALL Nilo,. 33325 8th Avenue South :40004 ,...„,.. Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway corn EXHIBIT A-1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Contractor will print, mail, and deliver the 2019, 2020, 2021, 2022, and 2023 Winter, Spring-Summer, and Fall issues of the Parks and Recreation Program Guide. This includes 40,000 units of each catalog(Fall and Winter) per year and 42,000 units (Spring/Summer combo)per year. The specifications previously presented to the contractor through the RFQ should be followed regarding printing,binding, and delivery of the guides. AMENDMENT - 3 - 3/2017 ii CITY OF CITY HALL 33325'� .. Feder 8th Avenue South .. . Federal Way Federal Wary,WA 98003-6325 (253) 835-7000 www c tyoffederaiway corn EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services,the City shall pay the Contractor an additional amount not to exceed One Hundred Forty-Eight Thousand Five Hundred and NO/100 Dollars($148,500.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Ninety-Six Thousand Three Hundred Seventy-Eight and 60/100 Dollars($196,378.60).This calculation includes cost of printing,bulk mailing(prep,postage,and drop),and a 10% contingency for any changes in bulk mailing addresses or extra copies needing to be printed. AMENDMENT - 4 - 3/2017 5c COUNCIL MEETING DATE: October 16,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE PATROL(WSP)ACADEMY FACILITY USE AGREEMENT POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department utilize the WSP Academy Facility for Annual Motorcycle training with an approximate cost of$300 to $500 per year? COMMITTEE: PRHS&PSC MEETING DATE: Oct. 9,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:LIEUTENANT B. SCHULZ DEPT: Police Attachments: 1. Staff Report 2. WSP Academy Facility Use Agreement Options Considered: 1. Accept the use of the WSP Academy Facility 2. Reject the use of the WSP Academy Facility MAYOR'S RECOMMENDATION: Mayor recommends: Option 1 MAYOR APPROVAL: c:71:9H/1/1 cy IRECTOR APPROVAL: �� tite`/z q6 m tee °until �qh� Initial/Da Initial/Date Initial/Dat COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 16, 2018 consent agenda for approval. , A Committee Chair Committee Member Com I ee Member PROPOSED COUNCIL MOTION: I move approval of the Washington State Patrol WSP Academy Facility Use Agreement and authorize the Chief of Police to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-11/2016 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 9, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Washington State Patrol (WSP) Academy Facility Use Agreement Financial Impacts: In 2017, the Bellevue Police Department hosted the Advanced Motor Training which is conducted at the WSP Academy in Shelton, Washington. Participants are generally from agencies in King County and the surrounding area that share the cost of the facility rental through training fees collected by the host agency. FWPD's portion would be approximately$300. This cost could be marginally higher depending on the exact number of participants. Background Information: The Federal Way Police Department(FWPD)requires its Motor Officers have annual training to maintain their skills as a motorcycle operator. The skill set is unique, demanding, and perishable. Therefore FWPD mandates training and annual certification. For several years the FWPD Traffic Unit has been participating in the Advanced Motor Training at the WSP Academy. This location is distinctive because of its ability to accommodate both high and slow speed training. Over the two days of training motor officers are subjected to different courses they must complete satisfactorily while being evaluated by motor instructors. The proficiency courses (high and slow speed)test the motorcycle operator for judgment, control, balance,technique, confidence, and coordination under time pressure. Upon successful completion of the training participants will have achieved certification and are able to continue their duties as motor officers for another year. 1 WSP Agreement No. WASHINGTON STATE PATROL K14012 WSP Academy Facility Use Agreement Other Agreement No. This Agreement is between the State of Washington, Washington State Patrol and the Organization identified below. ORGANIZATION NAME Federal Way Police Department Organization Location Address Organization Billing Address(if different from location address) 33325 8th Ave S, Federal Way WA 98003 Organization Contact Name Organization Contracts Dept. Contact Lieutenant Brigham Shulz Organization Contact Email Organization Contracts E-mail bridham.shulz c(Dcitvoffederalway.com Organization Contact Phone Organization Contracts Phone 253-835-6743 WSP Contact Information WSP Project Manager Name and Title WSP Project Manager Address Sergeant Kent Hitchings WSP Training Academy WSP Training Division 631 W Dayton-Airport Road Shelton WA 98584-8945 Telephone E-mail Address (360) 432-7503 Kent.Hitchinds( wsp.wa.gov WSP Administrative Contact Name and Title WSP Administrative Contact Address Ms. Karen Chaussee PO Box 42602 Contracts Assistant Olympia WA 98504-2602 Telephone E-mail Address (360) 596-4073 Karen.Chausseeawsp.wa.gov Agreement Start Date Agreement End Date August 1, 2018 June 30, 2022 ATTACHMENTS. The following Exhibits are attached to and incorporated into this Agreement by reference: ® General Terms and Conditions ® Exhibit A, Facility Use Regulations ® Exhibit B, Insurance Requirements for EVOC Use This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. FOR THE WASHINGTON STATE PATROL: FOR THE ORGANIZATION: WSP Signature Date Organization Signature Date FOR: John R. Batiste, Chief Printed Name and Title APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 7/3/03 WSP Academy Facility Use Agreement Page 1 7/1/03 WSP Academy Facility Use Agreement General Terms and Conditions 1. Statement of Work. Based on availability,WSP shall provide the use of its WSP Academy facilities and other services to the Organization as requested. These facilities and services include: • Overnight lodging for students • Meals for students attending training at the WSP Academy • Classroom use, including a personal computer lab • Multipurpose Building/Gym • Training Tank/Pool • Firing Range • Hazardous Materials Training Pit • Emergency Operator Vehicle Course(EVOC),which can include training vehicles and PIT vehicles • Instructors for various subjects, including EVOC and the Firing Range The Organization acknowledges that WSP shall not tolerate unruly behavior, including but not limited to, horseplay or roughhousing. The Organization and its members shall make every effort to ensure their own safety and the safety of others. If WSP determines that this section has been violated by the Organization,WSP may stop all Organization training taking place under this Agreement,order the Organization off of WSP premises, and restrict the Organization from the use of WSP facilities in the future. This Agreement shall supersede all previous versions of WSP Academy Facility Use services,including WSP Contract number K13046. 2. Registration for Use of Facilities. The Organization must make all requests no less than three(3) business days in advance of facility use. The Organization shall make requests to use specific facilities available at the WSP Academy to the WSP Project Manager identified on Page 1 of this Agreement. The Organization shall make this request in writing, and must provide the following information to WSP: • This Facility Use Agreement Number • The facility being requested • The dates/times the facility will be needed • An Organization point of contact for this use If available, WSP shall notify the Organization in writing in order to confirm the Organization's use of the requested facility. WSP reserves the right to cancel any registration should WSP mission needs require any facilities use, however WSP shall notify the Organization of any such cancellations as soon as possible. 3. Facility Regulations. The Organization shall follow WSP Facility Use Regulations while using WSP facilities under this Agreement. The WSP Facility Use Regulations are attached as Exhibit A to this Agreement. 4. Insurance Requirements for EVOC Use. If the Organization will use the EVOC at any time during the period of performance of this Agreement,the Organization shall comply with the insurance requirements contained in Exhibit B, Insurance Requirements for EVOC Use. 5. Fees. The Organization shall reimburse WSP for services rendered under the terms of this Agreement according to rates and fees established in the WSP Training Division User Fee Study in effect at the time of the service. Organizations can obtain this study from the WSP Project Manager identified on Page 1 of this Agreement. 6. Payment for Services. WSP shall bill the Organization no more than once per month in accordance with this Agreement. WSP shall send billings to the Organization billing address identified on Page 1 of this Agreement. The Organization shall reimburse WSP within 30 days of receipt of billing from WSP. 7. Definitions. "Agreement"means this Facility Use Agreement, including all documents attached or incorporated by reference,and any amendments executed in accordance with this Agreement. "Organization"means the entity purchasing services under this Facility Use Agreement from WSP, and includes the Organization's officers,directors,trustees,employees and/or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Organization shall not be considered an employee or agent of WSP. WSP Academy Facility Use Agreement Page 2 7/1/03 General Terms and Conditions (Continued) "WSP"means the State of Washington,Washington State Patrol,federal employer identification number 91-6001127,and its officers, directors,trustees,employees and/or agents. For the purposes of this agreement WSP shall not be considered an employee or agent of the Organization. 8. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part,without the express written consent of the other party. 9. Agreement Alterations and Amendments. WSP and the Organization may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Organization. 10. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 11. Disputes. In the event a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The Organization shall appoint a member to the Dispute Board. The Chief of WSP and the Organization shall jointly appoint a 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 to all parties to this Agreement. 12. Governing Law. This Contract shall be governed in all respects by the laws of the State of Washington. The jurisdiction for any action hereunder shall be the Superior Court for the State of Washington. The venue of any action hereunder shall be in the Superior Court for Thurston County, State of Washington. 13. Indemnification. The Organization shall be responsible for and shall indemnify and hold WSP harmless for all claims resulting from the acts or omissions of the Organization. 14. Maintenance of Records. During the term of this Agreement and for six years following termination or expiration of this Agreement, both parties shall maintain records sufficient to document performance of all acts required by statute, regulation, rule,or this Agreement;substantiate the parties'statement of its organization's structure,tax status,capabilities and performance;and demonstrate accounting procedures, practices and records which sufficiently and properly document WSP's invoices to the Organization and all expenditures made by WSP to perform as required by this Agreement. 15. Order of Precedence. In the event of any inconsistency in the terms of this Agreement,or between its terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order to:applicable federal and state law, regulations and rules;any other provision of this Agreement; and any document incorporated by reference. 16. Personnel. WSP employees performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee,and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations,and applicable federal,state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. 17. Responsibility for Property Damage. The Organization shall be responsible for the actual costs for the repairs of any damage resulting from the Organization's use of any WSP facility under this Agreement. 18. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement,and to this end the provisions of this Agreement are declared to be severable. 19. Termination. Except as otherwise provided in this Agreement,either party may terminate this Agreement, in whole or in part, upon thirty(30)calendar 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. 20. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. WSP Academy Facility Use Agreement Page 3 7/1/03 f EXHIBIT A WSP FACILITY USE REGULATIONS 1. General Rules for All Facilities a. Safety is the first concern while using WSP facilities. b. Report all injuries to the WSP Administrative Building immediately. c. The Organization must check in at the WSP Administrative Building prior to beginning training. d. The Organization must ensure that all trash has been placed in appropriate trash containers, and that the facility configuration is returned to its original condition at the end of each day of use. e. Alcoholic beverages and non-prescription drugs are not allowed at the WSP Academy. Individuals with any noticeable indication of alcohol on their breath will be dismissed from the premises. f. The WSP Academy Commander or designee has the final say on determining if the Organization is complying with these Facility Use Regulations, and may suspend the Organization's use of WSP Academy facilities if he/she determines that the Organization is not in compliance. 2. Classrooms a. No smoking,food or beverages are allowed in the classrooms. b. Place chairs on top of desks after the last class of the day. c. Ensure that all materials and trash are cleaned up at the end of the day. d. Do not open classroom windows. 3. Multipurpose Building(Gym) a. No smoking,food or beverages are allowed in the Multipurpose Building, including locker rooms and restrooms. b. High-top tennis or court shoes are required for all users during sporting events or activities such as basketball or volleyball. c. Appropriate attire shall be worn at all times. d. No impact weapons will be used on punching bags or Body Opponent Bags(BOB). e. Bag gloves will be worn to protect hands while hitting punching bags. f. No competitive sparring or wrestling is allowed. g. Do not engage in weightlifting without a spotter. h. Clean and replace all equipment after use. 4. Training Tank a. All individuals using the Training Tank must familiarize themselves with the type and location of rescue devices prior to training. b. The Organization must have a minimum of two people in the Training Tank area in order to use the Training Tank. The second person does not have to be in the water, but must be able to observe the swimmer. c. There is absolutely no running in the Training Tank area. d. All swimmers must shower before entering the Training Tank. No swimmer may enter the Training Tank with open sores or wounds, bandages,jewelry, bobby pins or other small items. All swimming attire shall be conservative in appearance. e. When training is taking place in the Training Tank,the Organization is required to have two instructors in the Training Tank area for any training taking place in the Training Tank. However, if underwater training is taking place the Organization will have a minimum of three instructors in the Training Tank area(one remaining out of the water,and with two of the three being certified divers). Instructors must explain all safety procedures prior to training taking place. No one will be forced to perform any exercise in which they are not comfortable. f. The Organization shall ensure the Training Tank area is locked and secured after use. 5. Firing Range a. Safety is everyone's responsibility on the firing range. If anyone sees an unsafe situation occur on the firing range they must immediately call a cease fire and notify the firearms instructor. b. All firing range training must be supervised by a qualified firearms instructor. WSP Academy Facility Use Agreement Page 4 7/1/03 WSP FACILITY USE REGULATIONS (continued) c. All personnel present must use eye and hearing protection, as well as protective body armor. d. Steel targets will not be engaged closer than 15 yards. e. Discipline must be maintained at all times to prevent mishaps or injuries. All personnel present must obey all range commands immediately. f. No one shall give a firearm or take a firearm from anyone unless the firearm's cylinder or action is open, unloaded,and with the safety engaged. Likewise, no firearm shall be benched without ensuring the firearm is unloaded,the action opened and the safety engaged. g. Shooters shall use the clearing barrels to load, unload or clear rounds from firearms. h. No one shall go forward of the firing line unless directed to do so by the firearms instructor. i. Handguns will remain holstered at all times except for the firing line. Shotguns and rifles shall be carried with the action or bolt open,the safety engaged and with the muzzle higher than the tallest person in the area. Using a sling to carry a shotgun or rifle over the shoulder is acceptable. j. Dry firing is allowed only on the firing line and only at the direction of the firearms instructor. k. Firearms may be cleaned in designated areas only. I. No food, beverages or smoking is allowed in the firing range area. m. Horseplay or unruly behavior will not be tolerated. 6. Hazardous Materials Pit a. The gate to the Hazardous Materials Pit must be locked when not in use. b. There is no smoking within 500 feet of the outer fence. c. The Hazardous Material Pit may not be used at the same time as the Firing Range. 7. Emergency Vehicle Operator Course(EVOC) a. The Organization shall follow all directions of the WSP Trooper present during use of the EVOC. WSP may suspend training should the Organization fail to follow these regulations,operate vehicles in an unsafe manner or if weather conditions dictate a suspension of training for safety purposes. b. One qualified instructor must be present during use of the EVOC. c. Instructors must explain Emergency Stop Procedures prior to training. d. High beam headlights will be on, seat belts will be fastened and helmets will be worn by students and instructors at all times while in student training vehicles. e. All vehicles will travel in the same direction during training. f. Cone setters shall remain off the paved portion of the course when not resetting cones. Students must understand that student drivers are learning and may experience complete loss of control at any time while driving on the EVOC. g. Visitors are not allowed on the EVOC without the permission of the WSP Academy Commander. h. There is a 50 mph speed limit on the brake-and-steer exercise approaching the skid pan,and a 15 mph speed limit on general skid pan exercises. i. Driving on the skid pan while the surface is dry is prohibited. Do not drive on gravel prior to driving on the skid pan. Do not drive on the fire hoses that feed water to the skid pan. j. Pursuit Immobilization Technique(PIT)training shall only be performed on the four-lane area of the EVOC. PIT training is not authorized for any other area of the EVOC. k. The Organization shall ensure that all debris left on the track is cleaned up,such as dirt debris and coffee cups. I. Live fire exercises are expressly prohibited on the EVOC. Blank ammunition and/or simulators may be used provided the use is authorized in writing by the WSP Academy Commander. If authorized,the Organization shall follow WSP directions in the use of these materials. WSP Academy Facility Use Agreement Page 5 7/1/03 Exhibit B INSURANCE REQUIREMENTS FOR EVOC USE 1. General. In order to use the EVOC, the Organization shall, at all times during the term of this Agreement at its cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of this Agreement at WSP's option. All insurance and surety bonds should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Before gaining access to the EVOC, the Organization shall furnish the WSP Administrative Contact named on Page 1 of this Agreement with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Agreement. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by WSP. If the Organization is self-insured, evidence of its status as a self- insured entity shall be provided to WSP. If requested by WSP, the Organization must describe its financial condition and the self-insured funding mechanism. 2. Level of Insurance. a. General Liability: The Organization shall maintain general liability (CGL) insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the General Aggregate limit shall be at least twice the "each occurrence" limit. CGL insurance shall have products-completed operations aggregate limit of at least two times the "each occurrence" limit. b. Business Auto Liability: The Organization shall maintain business auto liability with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of"Any Auto." Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. The Organization waives all rights against WSP for the recovery of damages to the extent they are covered by business auto liability insurance. 3. Cancellation of Insurance. The Organization's insurer shall give WSP forty-five (45) calendar days advance notice of cancellation or non-renewal of any insurance referred to herein. If cancellation is due to non-payment of premium, WSP shall be given ten (10) days advance notice of cancellation. WSP Academy Facility Use Agreement Page 6 7/1/03 5d COUNCIL MEETING DATE: October 16,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:21ST AVE S(S 320TH ST TO S 316TH ST)PEDESTRIAN IMPROVEMENTS-PROJECT ACCEPTANCE POLICY QUESTION: Should City Council accept the 21st Ave S (S 320th St to S 316th St)Pedestrian Improvements project as complete? COMMITTEE: Land Use&Transportation MEETING DATE: October 1,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine J.Mullen,P.E., Street Systems Proj. E DEPT: Public Works Attachments: Land Use&Transportation Committee Memorandum dated October 1,2018 Options Considered: 1)Authorize final acceptance of the 21st Ave S (S 320th St to S 316th St) Pedestrian Improvements constructed by Active Construction, Inc., in the amount of$652,420.17 as complete. 2) Do not authorize final acceptance of the completed 21st Ave S (S 320th St to S 316th St) Pedestrian Improvements as complete,and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 16th City Council consent agenda for approval. MAYOR APPROVAL: c1��L/l f 3 .....D),RECTOR APPROVAL: 4�/ °JAZ t��$ committ / ou cil /-6 ImtiaVDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 16, 2018 City Council consent agenda for approval. /..L....", i 464,Le(47,4, ----- Mark Koppr,--,Committee Ch Js: ohnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 21st Ave S(S 320th St to S 316th St) Pedestrian Improvements project constructed by Active Construction, Inc. in the amount of$652,420.17 as complete." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 1 2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor E. J. Walsh,P.E.,Public Works Director FROM: Christine Mullen,P.E., Street Systems Project EngineerC SUBJECT: 21st Ave S(S 320th St to S 316th St)Pedestrian Improvements-Project Acceptance FINANCIAL IMPACTS: This is the acceptance of construction as complete,and therefore no additional funds are proposed to be spent as part of this agenda item. BACKGROUND: This project provided a 12 ft. sidewalk on the west side of 21st Ave S from S 320th Street to S 316th Street including illumination, street trees, and ADA ramps. 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 21st Ave S (S 320th St to S 316th St) Pedestrian Improvements project constructed by Active Construction, Inc. (ACI), is complete. The final construction contract amount is $652,420.17. This is $101,832.83 below the $754,253.00 (including contingency) budget that was approved by the City Council on May 16, 2017. cc: Project File COUNCIL MEETING DATE: October 16,2018 ITEM#: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SHERWOOD FOREST'18 NTS—18TH AVENUE SW&SW 35312D PLACE POLICY QUESTION: Should the Council approve the installation of two(2) Speed Humps and one(1)mini- roundabout on 18th Avenue SW and SW 353rd Place? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 1,2018 CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston,P.E., Senior Traffic EngineerDEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated October 1,2018 Options Considered: 1. Authorize the installation of one (1) speed hump on 18th Avenue SW, one(1) speed hump on SW 353`'Place, and one(1)mini-roundabout at the intersection of 18th Avenue SW and SW 353rd Place. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 16,2018 City Council consent agenda •r approval. MAYOR APPROVAL:1 yDIRECTOR APPROVAL: yt'z,/ 9 118 'gCo . ittee Council v (Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I more to authorize the installation of the two speed humps in 2018, and the mini-roundabut in 2019 Avvii kv(L ) VO1 tv °U' I ha cc)t\1,1 O 1 3 j a f f yiwm hJ Mar ppang, Jesse Johnson, Hoang Tran, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I more to authorize the installation of the two speed humps in 2018, and the mini-roundabut in 2019." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 1, 2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,Public Works Director Erik Preston,P.E., Senior Traffic Engineer SUBJECT: Sherwood Forest '18 NTS—18th Ave SW& SW 353rd PI FINANCIAL IMPACTS: This project is part of the Neighborhood Traffic Safety(NTS)Program. In accordance with the approved budget this project is funded by the Streets Fund. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Streets and Traffic Division maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. 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, one NTS project has been built in 2018 at a cost of $15,000,with another currently under construction at a cost of$22,500, leaving$12,500 still available for 2018. The estimated cost of this project is approximately $20,500 which exceeds the $15,000 per neighborhood per year budget limitation policy guideline. If this project is fully constructed in 2018,it would require an additional $8,000 to be added to the 2018 NTS budget. The Council has the option to phase the construction this project to stay within the 2018 budget,and delay the construction of some devices until 2019. BACKGROUND: Residents along 18th Ave SW and SW 353rd P1 submitted a petition on June 7, 2018 requesting safety enhancements to control vehicle speeds and reduce cut-through traffic along 18th Ave SW and SW 353rd P1. Both streets are classified as Local streets with posted speed limits of 25 mph.Traffic studies were conducted in June of 2018,and the results are as follows: 85% Daily Park or #of 5 yr. #of 5 yr. Total Street Speed Traffic School Collisions Injury/Fatal Score (mph) Collisions 18th Ave SW n/o SW 354th P1 30.0 776 No 0 0 - (Local Street,25mph) SW 353rd P1 e/o 21st Ave SW 28.9 296 No 0 0 - (Local Street,25mph) Points Scored 1.5 1.5 0 0 0 3.0 Based on the current adopted NTS installation criteria (per table below), the petition scored 3.0 total severity points.This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Local Residential Street NTS Criteria Point 85th Percentile Average Daily Location 5-Year Collision History Scale Speed Traffic(ADT) School/Park Total Injury Fatal 0.0 0-25 0 -500 No 1 - - 0.5 26-27 501 -600 Yes 2 - - 1.0 28-29 601 -700 - 3 1 - 1.5 30-31 701 -800 - 4 - - 2.0 32-33 801 -900 - 5 2 1 2.5 34-35 901 - 1,000 - 6 - - 3.0 36+ 1,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on July 25, 2018 at City Hall. The 8+ attendees all agreed that reducing speeding and cut-through traffic through the neighborhood, particularly using 18th Ave SW and SW 353`d P1 to cut between SW 356`" St and 21st Ave SW. There were also complaints that motorists did not stop at the all-way stop at the intersection of 18th Ave SW/ SW 353rd Pl. Although all options and traffic calming tools were considered, Speed Humps and Mini-Roundabouts were the most popular option. A couple also expressed concerns about crossing the street to get their mail or visit neighbors,sidewalks are present on both sides of both streets. PROPOSAL: Based on these concerns, Option 1 (below) was developed to slow vehicles and discourage cut-through traffic along the 18th Ave SW — SW 353n1 PI cut-through route. With the reduced speed provided by the speed humps and mini- roundabout,the safety of the neighborhood should be greatly improved for motorists, cyclists,and pedestrians. Option 1—Two (2)Speed Humps& One (1)Mini-Roundabout This option would install a total of two speed humps; one on SW 353rd P1 halfway between 21st Ave SW and 18th Ave SW and the other on 18th Ave SW just north of SW 354th P1, as shown on the attached figure. An effort was made to space the speed humps as evenly as possible between the roundabout and stop signs at 21st Ave SW or SW 356th St. The humps are located to avoid directly impacting driveways and mailbox delivery and will be located at the marked locations near(or between)the following addresses: • 2004-1926 SW 353rd PI • 35404 18th Ave SW The mini-roundabout would replace the all-way stop control at the intersection of 18th Ave SW / SW 353' PI and may include landscaping depending on execution of an agreement by adjacent homeowners for maintenance of the landscaping. The proposed devices should be effective in reducing vehicle speeds, reducing cut-through traffic, and improving vehicular and pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience and perhaps a slight increase in emergency response time. Option 2—No Action This option would not build any traffic calming devices and the street(s)would remain in its current condition. Advisory Ballot In accordance with established NTS policies, City staff sent a total of 148 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 incomplete ballot results for the 43 ballots received to-date(29%return rate): Sherwood Forest 2018 NTS Ballot Count Option Description Total Percent 1 Two (2)Speed Humps&One (1) Mini-Roundabout 30 70% 2 No Action 13 30% The Traffic Division staff proposal is in accordance with the balloting results in recommending Option 1. The proposed locations for the speed humps and mini-roundabout have been marked on the street. The proposed package should be effective in reducing speeds along 18th Ave SW and SW 353`d PI and should also reduce cut- through traffic. 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' *: • - '-'' Is' ''' hrt• , , I • .... . . - a . , , t Agii, • ,?- . . * ,. • - - . ... , . •-I . . . .C ..,-. . .. • - . . . ..-: ' .'•` ' -' ' UPI •• 0 0 '• ••• .- • - 7 46 IS TZ - . ... . , „.. • .-.i........... .--,-,r-erle•------'! . ' ,..,-, : ,, • .. - . . l•t a 4, fl , _ 2 ' ' • • , . .-:. . ... .. . 5f COUNCIL MEETING DATE: October 16,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:LAKOTA PARK STORMWATER FACILITY REPAIR PROJECT—FINAL ACCEPTANCE POLICY QUESTION: Should City Council accept Lakota Park Stormwater Facility Repair Project as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 1,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Fei Tang, P.E., SWM Project Engineer .v DEPT: Public Works Attachments: Land Use and Transportation committee Memorandum dated October 1,2018. Options Considered: 1. Authorize final acceptance of the Lakota Park Stormwater Facility Repair Project constructed by Gary Harper Construction, Inc., in the amount of$429,666.00, as complete. 2. Do not authorize final acceptance of the completed Lakota Park Stormwater Facility Repair Project constructed by Gary Harper Construction,Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 16,2018 City Council Consent Agenda for approv MAYOR APPROVAL: 1C( /� RECTOR APPROVAL: Gam tee Coyncil ly Initial/Date Ininal/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 16, 2018 consent agenda for approval. hr—aiA4rit Mark Kop g,Committee Chair Jess/o nson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Lakota Park Stormwater Facility Repair Project constructed by Gary Harper Construction, Inc. in the amount of$429,666.00 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 1 CITY OF FEDERAL WAY MEMORANDUM DATE: October 1,2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor EJ Walsh, P.E., Public Works Director 11. FROM: Fei Tang, P.E., SWM Project Engineer 7;7- SUBJECT: ;7SUBJECT: Lakota Park Stormwater Facility Repair Project—Final Acceptance FINANCIAL IMPACTS: This is the acceptance of construction as complete,and therefore no additional funds are proposed to be spent as part of this agenda item. Future operations and maintenance of this facility will be performed and funded through surface water management maintenance. BACKGROUND: This project was to rebuild the berm that forms a boundary between Lakota Park and Lakota Wetlands to its design height and replace approximately 470 linear feet of an 18-inch diameter pipe downstream of the control structure that regulates detention within the wetlands area. 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 Lakota Park Stormwater Facility Repair Project constructed by Gary Harper Construction, Inc. is complete. The final construction contract amount is $429,666.00. This is $120,481.38 below the $550,147.38 (including contingency)budget that was approved by the City Council on May 15, 2018. 5 COUNCIL MEETING DATE: October 16,2018 ITEM#: g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:WEST HYLEBOS CREEK SOUTH 373RD STREET GRAVEL REMOVAL PROJECT—FINAL ACCEPTANCE POLICY QUESTION: Should City Council accept West Hylebos Creek South 373rd Street Gravel Removal Project as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 1, 2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other � DEPT: Public Works STAFFREPORT BY: Fei Tang,P.E., SWM Project EngineerI.........�.. ................................................................................................................................................................................................................. Attachments: Land Use and Transportation committee Memorandum dated October 1,2018. Options Considered: 1. Authorize final acceptance of the West Hylebos Creek South 373rd Street Gravel Removal Project constructed by Northwest Cascade, Inc., in the amount of$66,205.23 as complete. 2. Do not authorize final acceptance of the completed West Hylebos Creek South 373rd Street Gravel Removal Project constructed by Northwest Cascade,Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 16,2018 City Council Consent Agenda for appro .1. ,, / MAYOR APPROVAL: 0:10' •�/Ci 9 - R/� DIRECTOR APPROVAL: 7 1 19 / Co nittee Coincil /r Initial/Date Initial/Date Initial/Da COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 16, 2018 consent agenda for approval. Mark Kopp. Committee C air Je. - ihnson, Committee Member Hoang Tran, ommittee ember PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the West Hylebos Creek South 373rd Street Gravel Removal Project constructed by Northwest Cascade, Inc. in the amount of $66,205.23 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 1,2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh, P.E., Public Works Director'-' Fei Tang, P.E., SWM Project Engineer SUBJECT: West Hylebos Creek South 373rd Street Gravel Removal Project—Final Acceptance FINANCIAL IMPACTS: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item.Future operations and maintenance will be performed and funded through surface water management maintenance. BACKGROUND: This project was to remove approximately 100 cubic yards of gravel from a small branch of the West Hylebos Creek in order to restore stream flow, protect existing bridge(commonly referred to as the"old bridge"), and allow inspection and potential maintenance of the bridge. 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 West Hylebos Creek South 373rd Street Gravel Removal Project constructed by Northwest Cascade, Inc. is complete. The final construction contract amount is $66,205.23. This is $8,794.77 below the $75,000.00 (including contingency)budget that was approved by the City Council on May 15,2018. COUNCIL MEETING DATE: October 16,2018 ITEM#: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:APPROVAL OF FEDERAL WAY MAYOR'S QUIET AND HEALTHY SKIES TASK FORCE REPORT POLICY QUESTION: Should the City of Federal Way approve the Federal Way Mayor's Quiet and Healthy Skies Task Force Report, including all twenty-four(24)distinct recommendations? COMMITTEE: Land Use and Transportation MEETING DATE: October 1, 2018 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Yarden F. Weidenfeld DEPT: Mayor's Office Attachments: Staff Report Federal Way Mayor's Quiet and Healthy Skies Task Force Report Options Considered: 1. Approve the Federal Way Mayor's Quiet and Healthy Skies Task Force Report,including all twenty-four (24)distinct recommendations,in entirety. 2. Reject the Federal Way Mayor's Quiet and Healthy Skies Task Force Report, including all twenty-four (24)distinct recommendations,in entirety, and provide direction to staff. 3. Approve part or parts of the Federal Way Mayor's Quiet and Healthy Skies Task Force Report,including some but not all of the twenty-four (24) distinct recommendations; reject other part or parts of Federal Way Mayor's Quiet and Healthy Skies Task Force Report, including some but not all of the twenty-four (24)distinct recommendations; and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: �'(` �a/ or �%/' A ,IRECTOR APPROVAL: e:///c0 y Co tteejoeouncil In iaUDate Initis/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Federal Way Mayor's Quiet and Healthy Skies Task Force Report, including all twenty-four(24) distinct recommendations, to Council Business at the October 16, 2018 City Council meeting for approval. y / 1.3671.4_14---zcz, Mark leo Committee C r Je-.- ohnson,Committee Member HoangTran,Committee Member p PROPOSED COUNCIL MOTION: "I move to adopt the Federal Way Mayor's Quiet and Healthy Skies Task Force Report in entirety, including all twenty-four (24) distinct recommendations, and to instruct the mayor to explore methods to effect the recommendations." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 1,2018 TO: Land Use&Transportati Committeeom / VIA: Jim Ferrell,Mayor ✓, �'j FROM: Yarden F.Weidenfeld, Senior Policy Advisor,Mayor's Office SUBJECT: Approval of Federal Way Mayor's Quiet and Healthy Skies Task Force Report FINANCIAL IMPACTS: The Federal Way Mayor's Quiet and Healthy Skies Task Force Report includes twenty-four(24) distinct recommendations,only three of which entail a financial impact to the City,as follows: 1. Recommendation 6 on Page 33—"The City of Federal Way should purchase a portable noise monitor so as to give data and metrics for objective impacts to lives." Expected Cost: Approximately$15,000.00 2. Recommendation 4 on Pages 63-64—"Engage the technical and legal expertise needed for analysis and response to the forthcoming SAMP DEIS,possibly by joining the other four airport- impacted cities that plan to collectively engage." Expected Cost: Approximately$104,000.00 • $4,000.00 authorized by Mayor Ferrell from 2018 Mayor's Office Budget • $100,000.00 included in Mayor Ferrell's proposed 2019-2020 biennium budget ($50,000.00 in 2019 and$50,000.00 in 2020) 3. Recommendation 5 on Page 64—"Support the State of Washington study of current Sea-Tac Airport impacts." Expected Cost: $70,795.27 • $70,795.27 included in Mayor Ferrell's proposed 2019-2020 biennium budget ($35,397.64 in 2019 and$35,397.63 in 2020) • City Council previously approved Agreement between the Cities of Burien, Des Moines, Normandy Park, Federal Way, Tukwila, and SeaTac to Provide Local Matching Funds for the Sea-Tac Airport Impact Study in an amount not to exceed $70,795.27, and authorized the Mayor to execute the agreement and all other necessary documents. Page 2 BACKGROUND: In March 2017,City of Federal Way Mayor Jim Ferrell appointed a group of local residents to his Quiet and Healthy Skies Task Force. They were asked to provide the Mayor and City Council with some guidance on the complicated and intersecting issues, (including the environment, safety, noise, and health), surrounding increased air travel, the proposed expansion of Sea-Tac International Airport, and other changes that are occurring or are about to occur with respect to our air traffic system. Mayor Ferrell asked the Task Force to help him and the Council determine what is happening, how our community is feeling, what other municipalities in the area are doing, and finally what the City of Federal Way should do, particularly in interactions with Port of Seattle (POS) and Federal Aviation Administration (FAA) officials. The Task Force met monthly through 2017. Task Force members also put in dozens or even hundreds of hours on this issue outside of formal meetings in both 2017 and 2018. The Task Force report (Attachment One) containing the findings, conclusions, and - - - important is ue was recommendations of the Task Force after the last ear and a half engaged in thisissue,Y released on August 2,2018 and was formally presented to City Council on August 14, 2018. The 67-page report contains twenty-four(24) distinct recommendations at the end of Sections III, IV, V, VI, and VII. Since these are the "operative" items of the report, they are reproduced below for ease. It should be noted that for religious/personal reasons, I am unable to attend the LUTC meeting on October 1,2018.However,one or more Task Force members will likely attend, should there be questions. Also, I will be available to make another short presentation to the full City Council on October 16, 2018, when the Task Force report is expected to be considered. RECOMMENDATIONS: SECTION III: Sea-Tac International Airport Flight Operation Noise Impacts on Federal Way and Potential Abatements and Mitigations 1. The City of Federal Way should continue to engage with Rep. Adam Smith and strongly support his Aviation Impacted Communities Act. This legislation would not only expand the definition of an aviation-impacted community (where federal mitigation funds may be spent), but would also require the FAA to: a. work with community boards designated by such communities and attend their board meetings; b. "devise an action plan that alleviates or addresses the concerns brought up in . . . [a] community report" drafted by a community board that "detail[s] the community's concerns and issues related to disparate impacts"; c. collaborate with community boards on scoping and methodology of any community study requested by a community board; d. "devise an action plan that alleviates or addresses the concerns brought up in the . . . community study"; Page 3 e. "where effective, consider the implementation of changes to operations and flight paths if the community report or community study indicates that such changes would decrease the impacts on the designated community"; f. "explain the rationale" for any determination that "changes to operations and flight paths that a community report or community study indicated would decrease the effects on the designated community would not be effective"; g. "[u]pon request of a designated community, and in addition to the annualized average measurement . . . provide additional noise measurement instrumentation to measure airplane noise"; 2. The City of Federal Way should also strongly support the efforts of Congressman Smith and others to ensure that the FAA quickly completes its evaluation of the DNL and alternative metrics. 3. The City of Federal Way should engage with newly-authorized FAA community engagement staff, as soon as they are hired, and should insist that alternatives to DNL be examined. If these efforts are fruitless,the City of Federal Way should support legislation to change the standard. 4. The City of Federal Way should also lobby the FAA, Port of Seattle, and, if necessary, Congress, to change all glide slopes to at least three degrees (or higher)and flight paths so as not to go over populated areas. 5. The City of Federal Way should make the case with the FAA and Port of Seattle that the third runway should only be used for its original purpose,which was inclement weather. 6. The City of Federal Way should purchase a portable noise monitor so as to give data and metrics for objective impacts to lives. SECTION IV: The Authority to Regulate: Case Study on Efforts toward Curfew for Cargo Flights In the short-term, the City of Federal Way should address the concerns with cargo flights, particularly during late-night hours,by: 1. Support for the Port's efforts and pressure on the Port to intensify those efforts to get voluntary compliance from the most egregious offenders 2. Pressure on the Port to see if some cargo flights could be voluntarily moved to other airports if feasible(such as Moses Lake or possibly even McChord Air Force Base). 3. Pressure on the Port to cease affirmatively marketing its 24-hour availability for cargo aircraft SECTION V: Other Health Impacts of Increased Air Traffic 1. Once the current University of Washington study on the levels of UFPs in areas impacted by Sea- Tac International Airport is completed, support the "second phase" of that study on the health effects of such UFPs. 2. Re-engage with Congressman Adam Smith to support his continued efforts to get passed a bill that would mandate a federal study on the health effects of UFPs. Page 4 3. Encourage Port of Seattle officials to continue supporting additional research into the relationship between UFPs and aircraft and into the health effects of UFPs. 4. Ensure that scoping on the Sustainable Airport Master Plan (SAMP) includes an examination of UFPs (as well as other emissions/pollution, general health and quality of life issues) and the need for mitigation of such through, for example,increased use of biofuels. SECTION VI: Environmental Review of Sustainable Airport Master Plan(SAMP) 1. Closely monitor, and advocate for Federal Way's interests, in connection with the activities and recommendations of the Port Commission's newly formed Regional Airport Capacity/SAMP Committee. Its members are Commissioners Stephanie Bowman and Peter Steinbrueck. Along with their Commission colleagues Courtney Gregoire, Fred Felleman and Ryan Calkins, they all have publicly declared as "unrealistic and unattainable," due to traffic congestion and noise/health impacts, the expansion of Sea-Tac to accommodate the SAMP's 66 million per year passenger demand projection. The City should encourage and support the current Port Commission's prospective efforts to explore alternative airport locations in the region and state, in order to help meet future passenger and air cargo demand within the Puget Sound region. 2. Support, closely monitor and advocate for Federal Way's interests during and after the PSRC's Central Puget Sound Regional Aviation Baseline Study, requested and funded by the FAA, which will analyze the potential capacity of regional airspace and airports in King, Kitsap, Pierce, and Snohomish counties to meet future air travel and cargo demand generated by those counties. Following informal recommendation of the Task Force, prior to submission of this report, City of Federal Way Mayor Jim Ferrell voted to support this proposed regional aviation baseline study that was approved at the February 22, 2018 PSRC executive board meeting. Importantly, at Mayor Ferrell's urging, additional language was added to the study's scope of work specifically referencing impacts on communities surrounding Sea-Tac and other airports, as well as the region's current capacity ("landside and airside") to absorb future growth. Once this study is completed,the City of Federal Way should support the siting of a new regional airport. 3. Actively support State Rep. Mike Pellicciotti's plan to reintroduce an aircraft noise abatement bill amending RCW 53.54.020 and .030 during the 2019 legislative session. Introduced at the City's request during the 2018 regular session of the State Legislature, HB 2497 proposed to amend existing state aircraft noise abatement law affecting Sea-Tac. Specifically,this amendment would enlarge the current geographic area within which the Port is authorized to operate an airport noise abatement program, by extending its reach from the current six miles south of Sea-Tac, to 12 miles south into Federal Way. Although HB 2497 was not passed during the abbreviated 2018 legislative session, Rep. Pellicciotti has committed to reintroduce similar legislation next year and seeks needed co-sponsors in the interim. The City should rally local support for this bill and actively lead the lobbying effort that will be needed to help ensure its passage. 4. Engage the technical and legal expertise needed for analysis and response to the forthcoming SAMP DEIS, possibly by joining the other four airport-impacted cities that plan to collectively engage. The Task Force strongly believes that the City will need to engage outside technical and legal experts with experience analyzing the environmental impact of major airport expansion plans in order to thoroughly review the SAMP Draft EIS (DEIS), which is Page 5 likely to be hundreds of pages in length. That expertise will be needed to identify and compile written comments related to potential factual flaws, inadequately supported conclusions, and unanswered questions in the DEIS regarding potential future noise and health impacts. Those comments must be submitted within a 30-day period following release of the DEIS, should the Port allow only the minimum response period provided for under SEPA. A combined and coordinated response to the DEIS potentially will be more persuasive to the Port and FAA and is also a more cost-effective method for the City of Federal Way and the other impacted cities to engage in the SAMP environmental review process. Unfortunately, the $1.50 per capita funding formula in the Inter-local Agreement (ILA) recently entered into by the Cities of Burien, Des Moines, Normandy Park and SeaTac would disproportionately affect the City of Federal Way. However, the ILA states that this formula applies onlyto initial fundingof a joint effort, so the PP J City of Federal Way could mitigate this financial disadvantage by seeking to negotiate a more equitable funding approach as a condition for joining the ILA. For example, the City could propose a funding formula that is based on the resident population of Federal Way neighborhoods identified for needed noise mitigation in the 1997 Sea-Tac airport impacts study. Also, it is vital that consultants with the proper technical and legal expertise be engaged. If this is not the case with the experts hired by the four airport-impacted cities, the City of Federal Way may have to retain its own. 5. Support the State of Washington study of current Sea-Tac Airport impacts. The City of SeaTac has committed up to $250,000 toward a"baseline" analysis, to be conducted by the State of Washington Department of Commerce, "of both positive and negative community and economic impacts"on cities surrounding the airport, in order to equip those cities and community members with objective and relevant data prior to the Port's release of the draft SAMP EIS. The State Legislature approved a 2019 state operating budget "proviso" appropriation of $300,000 (sponsored by Rep. Mike Pellicciotti), to match an equal local funding amount. The proviso directs the State Department of Commerce to undertake and complete the study by December 2019. Under SEPA,the SAMP EIS must also compare baseline conditions against future impacts of proposed airport expansion projects. However, City of Seatac staff believes that the State study would more broadly quantify baseline conditions and current impacts than will the SAMP DEIS and would provide useful information with which to identify flaws and shortcomings in the Port's environmental impact analysis. Following the Task Force's informal recommendation to Mayor Ferrell and prior to submission of this report, the Federal Way City Council unanimously approved Resolution 18-735 endorsing the proposed state impacts study. The Task Force further recommends and supports the City of Federal Way contributing a share of the funding. 6. Consider asking the Washington Department of Transportation or other appropriate state agency to request designation as the SEPA lead agency for preparation of the SAMP EIS. An independent lead agency would help ensure that the SAMP environmental impact analysis is impartial and objective. This alternative would require the Port to agree to transfer the lead agency responsibility to a state agency. Although not required, SEPA Guidelines encourage the two agencies to enter into a written agreement to avoid later confusion. This could be a comment submitted during the SAMP EIS scoping period. 7. Request the Port to underwrite the technical support needed by airport-impacted Federal Way community-based organizations to conduct their own review of and comment on the SAMP draft EIS. Although not provided for in SEPA, doing so has precedent in State law that governs the Washington Utilities and Transportation Commission (UTC). Specifically, the UTC is required to grant"intervener status"to any group or individual that can show it has a legitimate interest in the outcome of a utility rate case or other regulatory matter. Obviously, those neighborhoods in Federal Way that lie directly under the current Sea-Tac flight path and suffer Page 6 from low-flying aircraft noise and health impacts have a legitimate interest in the outcome of the SAMP. 8. Form an Aviation Impacts Committee of the City Council to oversee implementation of the City's various policy actions and initiatives related to Sea-Tac existing operations and future growth. As described and proposed in this report, the City likely will be engaged in several simultaneous and politically challenging inter-governmental efforts to mitigate and limit the adverse effects on Federal Way residents of existing and future Sea-Tac overflights. While the Task Force acknowledges the Mayor's Office has primary responsibility for coordinating this effort, it is recommended that this important and complex responsibility be shared with the City Council. Thus, a three-member committee of the City Council should be formed to monitor implementation of City policies related to aircraft overflight impacts, to keep the full City Council apprised of the status of those efforts, to serve as a "sounding board" for concerns of residents in overflight-impacted neighborhoods, and to keep those residents and the entire community informed of the City's various efforts. Although the Port's SAMP implementation process and related inter-governmental initiatives are expected to take several years, the Task Force envisions this being an ad hoc(i.e. limited duration) City Council committee,during which time its members would hold regular public meetings as appropriate and needed. SECTION VII: Military Aircraft At this point,the City of Federal Way should: 1. Publicize to its residents the above contact information for complaints with respect to military aircraft. 2. Follow up on the recommendation to contact an FAA controller exclusively assigned to deal with military aircraft at Seattle TRACON (Terminal Radar Approach Control Facilities) to further investigate why military planes are being directed over residential neighborhoods in or near Federal Way. 3. Seek regular (annual?) meetings with 62nd Airlift Wing Command leadership to communicate issues of concern raised by residents. CONCLUSION: Mayor Ferrell recommends that the City Council approve the Federal Way Mayor's Quiet and Healthy Skies Task Force Report, including all twenty-four(24)distinct recommendations, in entirety. Federal Way, Washington Mayor's Quiet and Healthy Skies Task Force Report T. pow ,idiom i. TABLE OF CONTENTS I. INTRODUCTION AND ACKNOWLEDGMENTS....................................................3 II. EXECUTIVE SUMMARY...............................................................................3 III. SEA -TAC INTERNATIONAL AIRPORT FLIGHT OPERATION NOISE IMPACTS ON FEDERAL WAY AND POTENTIAL ABATEMENTS AND MITIGATIONS .................... 10 a. Recent Changes in Aircraft Noise in Federal Way: Third Runway ...................... 10 b. Recent Changes in Aircraft Noise in Federal Way: Increased Operations..............I l c. Most Impacted Areas...............................................................................12 d. Increasing Federal Way Noise Complaints..................................................13 e. Will it get worse—Air Freight?...................................................................................14 f. Will it get worse -Airport Expansion?..........................................................................14 g. Can it be abated?..........................................................................................................15 i. Glide Slope... ........................................................................ 15 ii. Flight Tracks........................................................................16 iii. Flight Schedules...................................................................22 h. Federal Way Residents Disproportionately Harmed.......................................23 i. DNL Meaning and Appropriateness.........................................................27 i. DNL Meaning........................................................................27 ii. DNL Appropriateness..............................................................27 iii. DNL fails to consider noise as a health issue, in addition to annoyance.... 30 j. Should City of Federal Way Invest in Portable Noise Monitors?...............................32 k. Recommendations..............................................................................32 IV. THE AUTHORITY TO REGULATE: CASE STUDY ON EFFORTS TOWARD CURFEW FORCARGO FLIGHTS....................................................................................34 1 a. Cargo Flights......................................................................................34 b. Legal Analysis....................................................................................36 c. Conclusions.......................................................................................44 d. Recommendations................................................................................45 V. OTHER HEALTH IMPACTS OF INCREASED AIR TRAFFIC .................................46 a. Airplane Pollution in General...................................................................46 b. Nitrogen Oxides..................................................................................46 c. Ultra -Fine Particles(UFPs).....................................................................47 d. Recommendations ............................................. , ..................................52 VI. ENVIRONMENTAL REVIEW OF SUSTAINABLE AIRPORT MASTER PLAN. ......53 a. Introduction and Section Overview............................................................53 b. The SEPA and NEPA Environmental Impact Review Process ............................55 c. Short History of the Controversial Sea -Tac Third Runway Project ....................... 56 d. City of Federal Way's Involvement in Opposing the Third Runway and its Flawed Environmental Impact Statement (EIS)............................................................57 e. Lessons Learned from Unsuccessful Opposition to the Third Runway Project ......... 58 f. Initial Review of Final Sea -Tac Sustainable Airport Master Plan (SAMP)...............59 g. Recommendations................................................................................62 VII. MILITARY AIRCRAFT........................................................................................................65 a. Discussion..........................................................................................65 b. Recommendations................................................................................67 VIII. CONCLUSION......................................................................................67 2 I. INTRODUCTION AND ACKNOWLEDGMENTS In March 2017, City of Federal Way Mayor Jim Ferrell appointed a group of local residents to his Quiet and Healthy Skies Task Force. They were asked to provide the Mayor and City Council with some guidance on the complicated and intersecting issues, (including the environment, safety, noise, and health), surrounding increased air travel, the proposed expansion of Sea -Tac International Airport, and other changes that are occurring or are about to occur with respect to our air traffic system. Mayor Ferrell asked the Task Force to help him and the Council determine what is happening, how our community is feeling, what other municipalities in the area are doing, and finally what the City of Federal Way should do, particularly in interactions with Port of Seattle (POS) and Federal Aviation Administration (FAA) officials. The Task Force met monthly throughout 2017. In addition, Task Force members have put in dozens or even hundreds of hours on this issue outside of formal meetings in both 2017 and 2018. This report contains the findings, conclusions, and recommendations of the Task Force after the last year -and -a -half engaged in this important issue. The Task Force would like to acknowledge the contributions of former Task Force members Robert Blix, Lyn Coring, Michael Kun, Keith Livingston, Ray Miryekta, Doug Painchaud, John Resing, Melinda Robinson, and Kristin Yodock, Ph.D. They have not endorsed or approved this report. II. EXECUTIVE SUMMARY The substantive portions of this report are contained in Sections III through VII. Section III examines noise impacts from Sea -Tac International Airport (Sea -Tac) flights on Federal Way, as well as potential abatements and mitigations. This examination includes: • Subsection a: History of Sea-Tac's third runway from the inception of that project in the 1990s to the third runway's opening in 2008 and: o Resulting six -fold increase in "Northflow" landings (i.e. those that go over Federal Way) between 2011 and 2017 o Lack of any mitigation for increased noise being paid for Federal Way residents as recommended in a 1997 state -funded study • Subsection b: Increased aircraft operations (takeoffs or landings) from 317,186 in 2013 to 412,170 in 2016 • Subsection c: Illustration of how Federal Way is particularly impacted • Subsection d: Data concerning increasing complaints about aircraft noise from Federal Way residents • Subsection e: Projections concerning continued growth in air cargo, with the Port of Seattle having a stated goal of tripling air cargo and marketing its 24-hour, no -curfew airport access • Subsection f. Projections concerning airport expansion, with the Port of Seattle looking to double its international flights Subsection g: Ways that noise impacts in Federal Way could be abated, including: o Sub -subsection is Changing glide slopes: • For Runway 34R, approaches to which go over Federal Way, from the current 2.75 degrees to the international standard three -degree glide path. ■ For all runways, potentially beyond the standard three -degree glide path. o Sub -subsection ii: Changing flight tracks so that they no go out of their way over residential areas to the south of the airport, such as in Federal Way o Sub -subsection iii: Changing flight schedules to minimize traffic between 10:00 PM to 6:00 AM or at least the Port's ceasing to market the 24-hour availability of Sea -Tac to large and noisy cargo operations • Subsection h: An analysis of how Federal Way residents are disproportionately harmed by airport activity, including: o Available data concerning the economic benefits of Sea -Tac to Federal Way and other nearby communities o An acknowledgment of the current lack of good data concerning the harms suffered by Federal Way residents due to airport activity o A re-examination of the 1997 state -funded study, which concluded that ■ Federal Way would require mitigation for sound abatement insulation and avigation easements in the amount of $148,000,000 ($232,000,000 in 2018 dollars), which was never paid • Communities closer to the airport (such as Federal Way) experience a decline in property values o An acknowledgment that Federal Way residents are excluded from Sea-Tac's mitigation zone, within which residents of neighborhoods to the north have received $400 million in noise insulation and other mitigation benefits o Acknowledgments that ■ An inordinate amount of air traffic is brought over Federal Way ■ Flight paths over Federal Way go over more people than necessary and are often on a lower than standard glide path Subsection is A discussion of the DNL metric, which the FAA uses to determine noise exposure levels, including: o Sub -subsection is Meaning of DNL 4 o Sub -subsection ii: Explanation why DNL as a measure of noise annoyance to people is fundamentally flawed, despite the FAA's insistence that it is a valid metric o Sub -subsection iii: Discussion of noise as a health issue, in addition to annoyance, and the failure of the DNL metric to take that into consideration • Subsection j: A discussion of whether the City of Federal Way should invest in portable noise monitors: o They would confirm the real sound levels at different locations and thus give better insight as to the real impacts within neighborhoods. o But current FAA rules and regulations do not allow readings from noise monitors to be used to determine the noise contours. The regulations only allow the FAA's qualified tool that uses modeling. • Subsection k: Recommendations, including: o Support for proposed legislation sponsored by Congressman Adam Smith that would expand the definition of aviation -impacted communities and require the FAA to work with those communities on their concerns with aircraft impacts o Support for efforts by Congressman Smith to ensure that the FAA quickly completes its evaluation of the DNL and alternative metrics o Engagement with newly -authorized FAA community engagement staff and insistence that alternatives to DNL be examined o Lobbying to change glide slopes and flight paths o Making the case for the third runway only to be used for inclement weather o Purchasing a portable noise monitor Section IVa examines the dramatic increase in both cargo and passenger flights at Sea - Tac, including a 10.2 percent increase in cargo tonnage in 2016, another 16.34 percent increase in 2017, and (to June 27, 2018) another 5.1 percent increase in 2018. These dramatic increases have led to increasing complaints, particularly with respect to certain middle -of -the -night international cargo flights. While Port staff has indicated that the airport director has asked the airline if it can voluntarily look at an alternative to the middle -of -the -night flight to China that disturbs so many people, it remains a concern that the Port has plans to triple air cargo and that it markets its great availability for cargo, including its 24-hour, no curfew operation. Section IVb analyzes the legal history of efforts by local communities and airport proprietors to place limits on aircraft, while Section IVc concludes that current law does not allow such restrictions unless agreed to by all aircraft operators, which is unlikely, or approved by the FAA after an expensive and time-consuming "Part 161" submission, which would likely be futile since such a submission has been approved only one time since 1991 at a small airport in Florida. Thus, recommendations in Section IVd, while in the long-term include the possibility of pressure on the Port to go through a Part 161 submission if other efforts prove futile, in the short-term involve: 5 ■ Support for the Port's efforts and pressure on the Port to intensify those efforts to get voluntary compliance from the most egregious offenders with respect to cargo flights during late-night hours • Pressure on the Port to see if some cargo flights could be moved to other airports if feasible • Pressure on the Port to cease affirmatively marketing its 24-hour availability for cargo aircraft Section V covers other health impacts of increased air traffic, including respiratory issues from airplane pollution in general in Subsection a and from nitrogen oxides in Subsection b. Subsection c covers the emerging area of ultra -fine particles (UFPs), their relationship to air traffic, and their effects on health. This subsection discusses a currently ongoing University of Washington study on the level of UFPs in areas impacted by Sea -Tac. It also goes over a similar study in another jurisdiction that found a relationship between UFPs and aircraft emissions. Finally, this subsection goes over studies that have shown health impacts of UFPs and discusses the lack of any official environmental standards with respect to UFPs. Subsection d goes over recommendations, including: s Support for state legislation funding a second phase to the University of Washington study that would study the health effects of UFPs Support for efforts by Congressman Adam Smith to get a federal bill passed that would mandate a federal study on the health effects of UFPs • Encouragement for Port of Seattle officials to continue supporting additional research into the relationship between UFPs and aircraft and into the health effects of UFPs • Ensuring that scoping on the Sustainable Airport Master Plan (SAMP) includes an examination of UFPs, as well as other emissions/pollution, general health, and quality of life issues. Section VI covers the environmental review process of the Sustainable Airport Master Plan (SAMP). Subsection VIa explains that the SAMP identifies additional airport facilities and airspace needed to accommodate its forecast of "unconstrained" passenger and air cargo demand at Sea -Tac over the next twenty years. The final SAMP projects an increase in annual passengers handled from 46.9 million last year, to 56 million in 2027, and further increasing to 66 million by 2034. Federal Way residents have long expressed quality -of -life concerns about Sea- Tac's overflight impacts. These concerns have been aggravated by the greater than one-third increase in aircraft overflights during just the past three years, by the constant use of the third runway that the Port promised was for use only during inclement weather, and by the likelihood of even greater noise and health impacts as a result of the SAMP projections. Thus, the City of Federal Way must use all means at its disposal to hold the Port to a complete, objective and thorough environmental review of the SAMP, meaning that the Port should be required to include full and meaningful mitigation of noise and health impacts on Federal Way residents from any projects that follow approval of the SAMP. 0 Subsection VIb explains the procedures involved in the Washington State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA). These laws require analysis of a project's potential impacts on human health and the environment, as well as proposed actions or measures to mitigate those impacts. The NEPA and SEPA processes can be integrated. The Port serves as lead agency for SEPA, while the FAA serves as lead agency for NEPA. Subsection VIc goes over the history of Sea-Tac's third runway project. Communities around the airport were heavily opposed. Nevertheless, the Puget Sound Regional Council (PSRC) concluded that future airport capacity needs would best be met by going forward with the third runway, adding passenger facilities at Paine Field, and constructing a new "supplemental airport" in Pierce or Thurston County. The latter effort ended without success. Though a State commission found that the third runway alone would not be adequate to meet future need, it was unable to find feasible alternatives. Despite receiving extensive public comments from local community groups and the Airport Communities Coalition (ACC), which included the City of Federal Way, the Port and FAA concluded that all of its short- and long- term impacts could be fully mitigated through sensitive design and wetlands mitigation. Despite a PSRC-mandated expert panel concluding that the Port "had not shown a [sufficient] reduction in real, on -the -ground noise impacts," the PSRC decided noise impacts were sufficiently mitigated and officially added the third runway project to the federally -mandated Regional Transportation Plan (which qualified it for future federal funding) in July 1996. The next month, the Port authorized final design, permitting, and property acquisition for an 8,500 -foot third runway to be located 1,700 feet westerly of the closest of the two existing runways. Subsection VId covers the City of Federal Way's involvement in opposing the third runway. Several City Councilmembers submitted written and oral testimony in the process, commenting that there was "not one word" regarding the adverse impacts of the proposed third runway on Federal Way residents, including additional noise, health impacts, increased traffic congestion, and decline in property values. After approval of the project, the ACC filed suit, resulting in a supplemental process with additional public comments. Ultimately, however, little was accomplished other than additional noise and insulation mitigation for schools in the Highline School District. Most jurisdictions ultimately withdrew from the lawsuit, though the City of Federal Way persisted until dismissal by the Court and ultimate approval of the project. The City of Federal Way spent approximately $100,000 in the failed lawsuit. Subsection VIe goes over lessons learned from the unsuccessful opposition to the third runway, concluding that the City of Federal Way must develop a proactive, non-traditional strategy for successfully engaging the Port and FAA in their decision-making processes in the SAMP. Analyzing the official record from the battle over the third runway provides useful insights for predicting noise, health and other environmental impacts on Federal Way residents that may not be fully and fairly analyzed as related to Federal Way. In the end, though its impacts were analyzed assuming use during inclement weather only, the third runway was environmentally "cleared" without operational restriction. Given increasing passenger demand in the ensuing years and the lack of identified mitigation for the additional noise and health effects from unfettered third runway usage, the City of Federal Way and its residents have learned a painful lesson from this process. 7 Subsection VIf goes over the proposed SAMP itself and potential problems already noticeable such as: • An apparently underestimated growth forecast that would result in under -analyzed environmental impacts • A statement that Sea -Tac currently meets federal, state and regional air quality standards for "fine" particulates, despite aircraft engines currently pumping 13 tons of such particulates into the air each year • Failure to mention the currently underway state -funded University of Washington study on Ultra -Fine Particulates (UFPs) • Reference only to noise impact mitigation defined by the DNL metric • Failure to analyze twenty specific airport expansion and redevelopment improvement projects contained in the SAMP's long-term vision (to 2034) that are in addition to the near-term projects (to 2027), potentially violating SEPA's "phased review" prohibition. Subsection VIg contains specific policy recommendations, including: • Closely monitoring, and advocating for Federal Way's interests, in connection with the activities and recommendations of the Port Commission's newly formed Regional Airport Capacity/SAMP Committee, including encouragement of and support for the current Port Commission's prospective efforts to explore alternative airport locations in the region and state. ■ Supporting, closely monitoring and advocating for Federal Way's interests during and after the Puget Sound Regional Council's (PSRC's) Central Puget Sound Regional Aviation Baseline Study, which will analyze the potential capacity of regional airspace and airports in King, Kitsap, Pierce, and Snohomish counties to meet future air travel and cargo demand generated by those counties. • Supporting the siting of a new regional airport once the latter study is completed. • Actively supporting State Rep. Mike Pellicciotti's plan to reintroduce an aircraft noise abatement bill amending RCW 53.54.020 and .030 so that the geographic area within which the Port is authorized to operate an airport noise abatement program will include Federal Way. + Engaging the technical and legal expertise needed for analysis and response to the forthcoming SAMP environmental review process, either by the City of Federal Way's independent efforts or possibly by joining the other four airport -impacted cities that plan to collectively engage, if their engaged consultants have the proper technical and legal expertise. ■ Supporting the State of Washington study of current Sea -Tac Airport impacts, including by contributing a share of the funding. F. Considering asking the Washington Department of Transportation or other appropriate state agency to request designation as the SEPA lead agency for preparation of the SAMP EIS. ■ Requesting the Port to underwrite the technical support needed by airport -impacted Federal Way community-based organizations to conduct their own review of and comment on the SAMP draft EIS. • Forming an Aviation Impacts Committee of the City Council to oversee implementation of the City's various policy actions and initiatives related to Sea -Tac existing operations and future growth, to keep the full City Council apprised of the status of those efforts, to serve as a "sounding board" for concerns of residents in overflight -impacted neighborhoods, and to keep those residents and the entire community informed of the City's various efforts. Finally, Section VIa covers military aircraft, including a meeting held at McChord Air Force Base with the leadership of the 62nd Airlift Wing at which Mayor Ferrell and members of the Task Force explained that exercises with C-17 military aircraft had, at times, impacted residential neighborhoods, including Marines Hills, Browns Point, and Twin Lakes. The wing commander emphasized that the Air Force wants to be good partners with the local community and that she was happy to engage in conversations like this. However, she said that there are constraints on the air space, and the military aircraft have to land where they are aligned. She did say that Air Force traffic has decreased and will continue to decrease. The wing vice commander said that we would have to talk to the controllers at Sea -Tac who direct the military aircraft. Roel A. van der Lugt, Director of Military Affairs & Senior Policy Advisor for United States Congressman Dennis Heck (WA -10), who was also present for this meeting, recommended contacting an FAA controller exclusively assigned to deal with military aircraft at Seattle TRACON (Terminal Radar Approach Control Facilities) at the northwest side of the airport. Following the meeting, a community relations staff person Joint Base Lewis-McChord (JBLM) provided a phone number, email, and website to facilitate reporting about issues with military aircraft noise and low flight complaints. Section VIb contains a final set of recommendations, including: ■ Publicizing the provided contact information for complaints with respect to military aircraft. • Following up on the recommendation to contact an FAA controller exclusively assigned to deal with military aircraft at Seattle TRACON (Terminal Radar Approach Control Facilities) to further investigate why military planes are being directed over residential neighborhoods in or near Federal Way. • Seeking regular meetings with 62nd Airlift Wing Command leadership to communicate issues of concern raised by residents. W III. SEA -TAC INTERNATIONAL AIRPORT FLIGHT OPERATION NOISE IMPACTS ON FEDERAL WAY AND POTENTIAL ABATEMENTS AND MITIGATIONS a. Recent Changes in Aircraft Noise in Federal Wt-,-: Third Runway The Sea -Tac International Airport (Sea -Tac) third runway opened on November 20, 2008. Its usage has gone from 10,079 "Northflow" landings in 2011 to 57,287 such landings in 20171, a nearly six fold increase in six years. This change puts many planes directly over homes in the Marine Hills neighborhood of Federal Way, where there were none ten years ago. This frustration was expected, however, based upon a state -funded study done in 1997 on the proposed third runway's impacts on Federal Way and other communities. The study report specifically named the Marine Hills neighborhood of Federal Way as needing mitigation for noise and vibration in the form of "Sound Insulation and Avigation Easements" in the amount of $19.8 million.2 Considering the 525 homes in Marine Hills, that amounts to $37,714 per home ($59,212 in 2018 dollars3). Marine Hills is just one of eight Federal Way neighborhoods identified in the 1997 report as needing mitigation for noise and/or vibration.4 Other Federal Way neighborhoods identified as needing such mitigation were Easter Lake ($27.3 million), Star Lake ($19.5 million), Steel Lake ($13.0 million), First Avenue ($20.5 million), Kitts Corner ($11.2 million), Wildwood ($20.7 million), and City Center ($16.1 million), for a total of $148.1 million in all affected Federal Way neighborhoods5 ($232 million in 2018 dollars 6). The Port, however, has never paid any of these mitigation costs. 7 1 "Runway Use Statistics" (Port of Seattle report run on June 4, 2018 and provided to City of Federal Way Mayor's Office) z "Sea -Tac International Airport Impact Mitigation Study Initial Assessment and Recommendations" (Prepared in February 1997 under a grant from the State of Washington for City of Burien, City of Des Moines, City of Federal Way, City of Normandy Park, City of Tukwila, Highline School District, and Highline Community Hospital by Hellmuth, Obata & Kassebaum, Inc. and Raytheon Infrastructure Services, Inc.) at Pages 7-9 to 7-10 (Table 7.05 "Neighborhoods Identified for Overflight Sound Insulation and Avigation Easements"); hqp://www.seatacwa.gov/Home/ShowDocumenf?id=13083 3 Converted time dollars from blip://www.in2Ol3dollars.com/1997-dollars-in-2018?amount=37714 4 "Sea -Tac International Airport Impact Mitigation Study Initial Assessment and Recommendations" at Page 7-6 (Table 7.03 "Neighborhoods Identified for LDN Sound Insulation and Avigation Easements") and Pages 7-9 to 7-10 (Table 7.05 "Neighborhoods Identified for Overflight Sound Insulation and Avigation Easements") s Id. 6 Converted time dollars from http://www.in2Ol3dollars.com/I997-dollars-in-2018?amount=148100000 In a meeting held in Seatac City Hall on July 16, 2018 a Port staffer stated that no mitigation resulted from the 1997 study because it was the Port's position that the study's methodology did not hold up. 10 The 1997 study report on the third runway also stated, with regards to the Sound Exposure Level for single noise events (SEL), that "[t]he EIS [Environmental Impact Statement] noise study did not have an extensive evaluation of sound exposure level (SEL)" and that "[t]his information should be developed by the Port of Seattle prior to Master Plan Update implementation and should include the SEL contours relationship to health problems, in particular, sleep and speech interference."8 The report went on to explain that [t]he EIS for the Flight Plan Project (Puget Sound Regional Council and Port of Seattle, October 1992), included noise assessment information associated with the 55 LDN [DNL] level and a SEL of 80 dBA. This SEL was selected because it is often used to supplement the LDN [DNL] analysis and 80 dBA corresponds to the level at which sleep disturbance and speech interference start to occur. Similar information should be developed prior to Master Plan Update implementation by the Port of Seattle. 9 Finally, the 1997 study report recommended with regards to air quality that "additional studies [should be conducted] regarding long-term exposure to air toxics associated with Airport operations." 10 b. Recent Changes in Aircraft Noise in Federal Way: Increased Operations Aircraft operations (takeoffs and landings) have increased substantially in recent years, as follows:,, Aircraft Operations • 2016: 4121,170 operations— 8% increase • 2015: 381,408 operations —12% increase • 2014: 340,478 operations— 7% increase • 2013: 317,186 operations The difference between 2013 and 2016 was 94,984 operations. That's 260 more aircraft going over homes per day. S "Sea -Tac International Airport Impact Mitigation Study Initial Assessment and Recommendations" at Page 7-12. 9 Id. 10 Id. at Page ES -8 11 The Port's "Long Range Plan" 2018-2022 has the goal of making SeaTac airport the west coast "Gateway of Choice" for international travel. 12 The International Arrivals Facility (IAF) now under construction will increase international gates by 67% "from 12 to 20."13 It will "[i]ncrease passenger capacity by more than double to 2,600 passengers per hour" and will "[i]ncorporate enhanced technologies for faster passport check clearance."14The new facility will "[r]educe minimum passenger connection time from 90 to 75 minutes" 15 (thereby, as the Port's marketing material fails to state, reducing opportunity for economic impact). This facility is projected to open in the second quarter of 2020.6 In addition to the IAF, the North Satellite renovation will also be "adding eight new gates with a 240 -foot extension of the building to the west, add[ing] an upper level mezzanine, more than doubl[ing] the existing dining and retail square footage, and introduce[ing] a rooftop Alaska Airlines lounge with views of the Olympic Mountains." 17 c. Most Impacted Areas Neighborhoods on the north side of Federal Way that are aligned with the runways are most impacted. But due to the flight paths, most of the city is impacted to varying degrees. The following diagram shows flight tracks in the area. 11 "Noise Programs & NextGen Briefing" (Port of Seattle Power Point Presentation at May 24, 2017 meeting of Highline Forum held in Sea -Tac International Airport Conference Center) at Slide 4. 12 "Port of Seattle 2018-2022 Long Range Plan" Objective 6 (slides 7, 9, and 15); b-"s://www.portseattle.orp,/sites/default/files/2018-05/POS 2017 LRP Web Commission 4-2G-18. df " h=s:l/www.portseattle.org(projects/intemationai-arrivals-facility 14 Id. 15 Id. 16 "New International Arrivals Facility" (December 2017 Port of Seattle Sea -Tac International Airport Brochure) at Page 2;https://www.portseattle.orgtsites/dofault/files/2018-07/POS 2018-13 IAF IPa er. df 17 "Port Breaks Ground on North Satellite Modernization Project" (February 3, 2017 Port of Seattle press release); hqps://www.portseattle.or Zfnews/port-breaks-mound-earth-satellite_modernization-project 12 d. Increasing Federal Way Noise Complaints All of these factors have led to increasing complaints about noise from Federal Way and nearby residents, as outlined in the table below: 18 is Compiled from reports provided by the Port to the City of Federal Way Mayor's Office on June 2, 2017 13 Zip Code City Complaints January 1, 2014 through June 30, 2015 Complaints July 1, 2015 through May 26, 2017 Total complaints January 1, 2014 through May 26, 2017 98001 Algona 6 (0.33/month) 0 (0/month) 6 0.15/month 98001 Auburn 6 0.33/month) 10 (0.44/month) 16 0.39/month 98003 Federal Way 36 (2.00/month) 174 7.62/month) 210 (5.14/month 98023 Federal Way 91 (5.06/month) 120 5.25/month) 211 5.17/month No zip code listed Federal Way 1 (0.06/month) 3 (0.13/month) 4 (0.10/month) TOTAL TOTAL 140 7.78/mont4) 1 307 13.44/month 447 10.95/month e. Will it get worse --Air Freight? In 2017, SeaTac experienced a 16 -percent growth in metric tonnage of air cargo, a 20- percent increase in domestic freight service, and an 8.5 -percent increase in international cargo.19 And the Port's stated goal is to "[t]riple air cargo volume to 750,000 metric tons."20 In their cargo marketing publications, the Port emphasizes Sea -Tae's "24-hour operation with no curfews. 21 Their website section concerning "Cargo Facilities and Region" also states Sea -Tac has "[m]ore than 200 acres of land for airport -related logistics park development."22 23 f. Will it get worse --Airport Exuansion? Port staff has stated that the planned growth of Sea -Tac will include an increase in the number of gates by about 50%.24 And as mentioned earlier, The Port's "Long Range Plan" 2018- 2022 has the goal of making SeaTac airport the west coast "Gateway of Choice" for international travel .25 The Port also seeks to "double the number of international flights and destinations.26 19 "Sustainable Airport Master Plan — Responding to Regional Growth" (Port of Seattle Power Point presentation to Puget Sound Regional Council (PSRC) Executive Board Meeting February 22, 2018) at Slide 3. 20 "Port of Seattle 2018-2022 Long Range Plan" Objective 3 (slides 9 and 12). At a May 30, 2018 meeting on the Sustainable Airport Master Plan (SAMP) held at Burien Community Center, Port officials said that this tripling of cargo was a 20 -year goal/target of the Port's "Century Agenda", not a forecast. It was an "aspirational goal" set by the Port commissioners. 21 "Air Cargo at the Port of Seattle" (Marketing Piece provided by Port staff on July 9, 2017) 22 "Cargo Facilities and Region" (Section "Our Cargo Facilities"); haps://www.portseattle.orglope/cargo-facilities- and-region 23 The expansion of cargo flights and the ability to regulate them by, e.g. a curfew, is discussed more fully in Section IV below. 24 Port of Seattle presentation to Federal Way Mayor's Quiet and Healthy Skies Task Force (Held September 14, 2017 in Federal Way City Hall) 25 "port of Seattle 2018-2022 Long Range Plan" Objective 6 (pages 7, 9, and 15) 14 g. Can it be abated? Efficiencies and mitigations could be gained by raising the glide slope path of arriving aircraft on the longest runway to the much safer industry standard. Changing the flight patterns to modern designs (focused on most efficient and safest paths) would also reduce the impact to Federal Way residents. Having aircraft traveling to and from Asia and Alaska fly over the Puget Sound would nearly eliminate the impact of those flights to Federal Way residents, while reducing their flight time, emissions, and fuel burn. Finally, flight schedules offer another means of abatement. L Glide Slope All runways on the north side (i.e. south flow approaches to Sea -Tac, those not over Federal Way) use the international standard three -degree glide path. Three degrees is the optimum profile descent to minimize fuel burn and emissions. However, the approaches to the longest runway (34R) that go over Federal Way are on a lower 2.75 -degree glide path. A shallower glide path means not only that the aircraft is lower and closer to the homes, schools, and businesses below, but it is also no longer in the optimized profile descent and may be forced to increase power and emissions to stay on its shallow path. This has a compounding effect on those below. Sound disperses similar to a rock dropped in a puddle, so moving the source closer increases the concentration and amount received, and then it is further exasperated by the increased throttle. At the north end of Federal Way is Nautilus School. The .25 -degree glide path difference changes the experienced noise level on the ground at that location at a level equivalent to the change were the school raised from one to thirteen floors. Changing the glide slope will also make the approach safer. The wake turbulence risk analysis by the Federal Aviation Administration (FAA) on Runways 34C and 34R (the two parallel runways with approaches that fly over Federal Way) was conducted using a three -degree glide slope for both runways, and the procedure is already authorized at three degrees. 27 By publishing the procedures using the lower 2.75 -degree glide slope, planes are lower and at higher risk of hitting a crane or obstacle. Therefore, aircraft landing on Runway 34R are lower and louder, burn more fuel, expel more pollution, and are less safe than if they were flying on the authorized three -degree glide path. Raising the glide slope beyond three degrees would further reduce the noise impact. Frankfurt Airport has tested to 4.5 degrees 28 solely for noise mitigation prior to settling on 3.2 26 Id. at Slides 7, 9, and 16. 27 See FAA Order JO 7110.308C "Simultaneous Dependent Approaches to Closely Spaced Parallel Runways" (January 26, 2018) at Page Al (Appendix A, Note 3) 15 degrees. 29 Sea -Tac should investigate raising all glide slopes above three degrees. San Diego's approaches to Runway 27 are at 3.5 degrees. While this glide slope was set for obstacle reasons, it shows that it is possible routinely to have a steeper glide slope. ii. Flight Tracks The Port claims that "[p]rocedures are designed to minimize noise impact." 30 But the flight tracks show exactly the opposite with respect to Federal Way and other impacted communities south of the airport. The tracks headed to and from the northwest go out of their way over the residential areas, when flying over the Puget Sound would be more efficient with a greatly reduced noise impact. 31 Using well-designed Required Navigation Performance (RNP)532 approach flight paths could take advantage of the unpopulated areas (Puget Sound) to reduce track miles, fuel burned, emissions, and time spent for airline carriers flying from Asia and Alaska. FAA criteria state that the final turn should be completed by 1000 -feet above the threshold. On a standard three -degree glide path, that is 3.1 nautical miles (nm) from the threshold. However, exceptions to these criteria are granted. For example, at Reagan National Airport, the RNP path completes its final turn at 0.6 nm from the airport. At Sea -Tac, the ideal rollout for the fewest number of homes to be impacted is 2.2 nm, which is four times further than the Reagan National RNP to runway 19. RNP approaches from the south and from the east could follow I-5 straight toward the airport over the South 272nd Street Park and Ride and then the uninhabited former dump north of it. 1-5 is ten lanes of concrete with shoulders, a median, and ditches on both sides and has significant ambient noise. But even using standard criteria, a 3. l nm Final Roll Out Point (FROP) would allow an approach to Runway 34L that avoids flying over all residents of Federal Way by flights coming from Alaska and Asia. (A 3.1 nm FROP is depicted in the two images below, the second being a zoomed -in view of the first.) Today, most approaches flying over Federal Way have a FROP of more than six nm. 28 "Tests at Frankfurt airport of steeper approach path at 4.5 degrees details awaited" (October 11, 2013); hqp://www.ai;portwatch.org.uk/2013/1p/tests-at-frank RM -airport -of -steeper -approach -path -at -4 -5 -degrees -details - awaited/ 29 "Frankfurt Airport pioneers active noise abatement" (www.internationalaiiportreview.com Volume 19, Issue 4, 2015); h'ttps:l/ec.europa.eu/transport/sites/transnort/files/modes/air/sesises- award/projects/doc/intemationaiairportreview 2015y4 frankfurtgbas.pdf 30, Noise Programs & NextGen Briefing" at Slide 10 31 Id. at Slide 12 32 RNP is a satellite -based navigation system with additional monitoring to confirm that the aircraft stays in a defined space. See "Satellite Navigation — NAS Implementation" at the FAA website (Updated December 23, 2016); bms://www.faiioovlabout/o_ffiice org/headguarters offices/ato/service units/techops/nayservices/gnss/nas/procedur es/rnav rnp/ 16 Aircraft departing for Alaska and Asia should also be taking advantage of the unpopulated areas instead of flying over the most populated. Below are some screen shots showing flight tracks of a departing Delta Airlines 767 and an Alaska Airlines 737. These paths are the rare exception, showing what is possible when pilots request it and/or Air Traffic Control (ATC) vectors them. Shorter routes save time and fuel. If the depicted flights had been vectored directly down the channel, Vashon Island could even have been avoided. 18 ••000 Verizon . 6:37 PM ADSBexchange.com, VRS 2.4.0 Displaying 7 of 7 tracks 1 91% =I 0 King County Interna nal Airpor FI) OpenADSB �!Renton rien s o -O-- Va..,-hon �� hon o T vASH0 ISLAN[- Seattle Tacoma International Airport (SEA) k �I Way, Al DAL144, N394DL Altitude, Ground Type ' 8125 ft B763 Vertical Speed Speer! +2880 fpm 308 kt Heading Transponder, MLAT 3600 ADS -B v2 19 0 Kens Aub 0 Altitude 45.000 M A— D E LTA Operator Delta Air Lines From -) To KCVG --> EGLL Squawk 1634 r ADSBexchange.com, VRS 2.4.0 Displaying 7 of 7 tracks Vashono VASHON ISLAND, Airport (BlggenADSB Rp-ntt Burien 518 0 1W 0 Seattle Tacoma International Airport (SEA) ral Way i ASA780 N493AS Altitude 45.008. L i, �I!/SkIJ Instead of the above -depicted flight paths, which completely avoided all of Federal Way, the Sea -Tac Airport Noise Mitigation plan for south flow departures does the opposite. As 9C depicted below, 33 the plan restricts departing aircraft from turning until they have reached five nautical miles. This restriction prevents them from turning out over the water as the aircraft above did and pushes them to fly over Federal Way. mend Proced "[S]ubject to the constraints that the strategies are appropriate to the specific airport," federal regulations ("Part 150") require an aircraft operator "[a]t a minimum" to "analyze and 33 «Sea -Tac Airport Noise Abatement Procedures for Jet Aircraft" at Port of Seattle website; https://www.portseattle.or"rojects/sea-tac-airport-noise-abatement-procedures het -aircraft 21 report on ... [t]he implementation of a preferential runway system" and "[t]he use of flight procedures (including the modifications of flight tracks) to control the operation of aircraft to reduce exposure of individuals (or specific noise sensitive areas) to noise in the area around the airport."34 The FAA itself states that [t]he federal government has the authority and responsibility to control aircraft noise by the regulation of source emissions, by flight operational procedures, and by management of the air traffic control system and navigable airspace in ways that minimize noise impact on residential areas, consistent with the highest standards of safety and efficiency.35 But as can be seen by the green lines above, the FAA specifically prohibits aircraft from flying over the water south of the airport. By contrast, they are forced to fly over the water north of the airport.36 iii. Flight Schedules Flight schedules offer another means of abatement. The 1997 state -funded study on the third runway concluded that "[t]he Port of Seattle should provide evidence of the continuing effort to minimize flights between 10:00 PM and 6:00 AM."37 Reducing flights during those times would minimize unhealthy sleep interruptions to Federal Way residents. In contrast to the 1997 report's recommendations, the Port of Seattle has chosen to market Sea-Tac's "24-hour operation with no curfews"38 as a top selling point for the typically very large and noisy air cargo operations. 34 14 CFR Part 150 Appendix B (§ 13150.7(b)(3),(4)) 35 "Chapter 13. Airport Noise and Access Restrictions" (FAA Airport Compliance Manual—Order 5190.613) at Paragraph 13.2(b)(1)); haps://www.faa.g_nv/aiKporWresources/publications/orders/compliance 5190 6/media/51_90 4b_ chap13.2df 36 Despite the referenced federal regulations and FAA order, it is likely that the FAA and Port will assert that none of these referenced rules apply to Federal Way, since we are outside of the official "noise contour" determined by 65 Day -Night Average Sound Level (DNL), which is discussed below. The same regulations cited in this paragraph also state that the "noise compatibility program" is to be developed, and "alternative noise control actions" are to be evaluated "[b]ased upon the airport noise exposure and noncompatible land uses identified in the [noise] map." 14 CFR Part 150 Appendix B (§ B 150.5). The noise maps must be developed with "[c]ontinuous [DNL] contours for YDNL [Yearly Day -Night Average Sound Level] levels of 65, 70, and 75," though "additional contours may be developed and depicted when appropriate." CFR Part 150 Appendix A (§ A150. 101(a)). "In those areas where YDNL values are 65 YDNL or greater, the airport operator shall identify land uses and determine land use compatibility," but "all land uses are considered to be compatible with noise levels less than L[dn] [DNL] 65 dB. Local needs or values may dictate further delineation based on local requirements or determinations." CFR Part 150 Appendix A (§ Al50.101(a), (d)). 37 "Sea -Tac International Airport Impact Mitigation Study Initial Assessment and Recommendations" at Page 7-16 38 "Air Cargo at the Port of Seattle" (Marketing Piece provided by Port staff on July 9, 2017) 22 h. Federal Wax Residents Disproportionately Harmed Needless to say, the benefits of SeaTac International Airport as an engine of economic development to the Puget Sound region, including Federal Way, are significant. In January 2018, the Port released a report prepared by Community Attributes, Inc. (CAI) on the economic impact of Sea -Tac International Airport. 39 This report showed 151,400 jobs generated by Sea -Tac Airport, as follows: • 19,100 were directly generated by activity at the airport. • 68,200 were directly generated by local purchases by visitors arriving via the airport. • 16,100 were induced by local and regional purchases by the aforementioned 19,100 directly generated job holders. • 25,300 were induced by local and regional purchases by the aforementioned 68,200 directly generated job holders • 8,800 were indirectly generated by local purchases by firms dependent on activity at the airport. • 13,900 were indirectly generated by local purchases by firms dependent on visitors arriving via the airport. ao The CAI report also showed the airport generating $22,478,000,000 in business revenue and $7,099,600,000 in individual compensation, as follows: • $5,574,800,000 in business revenue and $1,403,000,000 in individual compensation directly generated by activity at the airport • $5,906,500,000 in business revenue and $2,247,800,000 in individual compensation directly generated by airport visitors • $2,544,600,000 in business revenue and $854,300,000 in individual compensation induced by local and regional purchases by holders of jobs directly generated by activity at the airport • $4,000,300,000 in business revenue and $1,343,000,000 in individual compensation induced by local and regional purchases by holders of jobs directly generated by local purchases by visitors arriving via the airport. • $2,001,100,000 in business revenue and $503,000,000 in individual compensation indirectly generated by purchases by firms dependent on activity at the airport • $2,450,700,000 in business revenue and $748,500,000 in individual compensation indirectly generated by purchases by firms dependent on visitors arriving via the airport.41 39 Sea -Tac International Airport Economic Impacts (Produced for Port of Seattle by CAI Community Attributes, Inc. (CAI)) January 2018. 40 Id. at page 24 (Exhibit 22) 41 Id. 23 The CAI report went on to break down the data by city, 42 showing 1500 out of 19,100 airport employees living in Federal Way, or 7.85 percent. 43 Using a figure of 49,640 Federal Way residents aged 16 or higher in the labor force, the 1500 airport employees represent 3.0 percent of Federal Way's labor force. 44 For comparison, the presentation shows airport employees making up 0.4 percent of Seattle's labor force, 2.2 percent of Kent's labor force, 7.1 percent of Seatac's labor force, 9.6 percent of Tukwila's labor force, 0.9 percent of Tacoma's labor force, 4.4 percent of Des Moines' labor force, 1.0 per cent of Renton's labor force, 2.1 percent of Burien's labor force, 1.4 percent of Auburn's labor force, 0.9 percent of Lakewood's labor force, 0.3 percent of Bellevue's labor force, 0.8 percent of Puyallup's labor force, 2.8 percent of Fife's labor force, 2.7 percent of Normandy Park's labor force, and 0.3 percent of Shoreline's labor force .45 Finally, the CAI report breaks down the economic activity driven by Sea -Tac International Airport in 2017 for the cities of Burien, Des Moines, Federal Way, Normandy Park, Seatac, and Tukwila, as follows: 46 City Estimated Total Jobs Total Total I Total State Estimated Number of Generated Compensation Economic and Local Percentage Airport Activity Taxes of City's Employees Generated Gross Domestic Product GDP Burien 540 2,100 $106,000,000 $138,000,000 $4,000,000 6% $50,476/'ob Des 740 2,300 $119,000,000 $115,000,000 $3,000,000 12% Moines ($51,739/job) Federal 1,500 5,900 $297,000,000 $402,000,000 $10,000,000 6% Way $50 339/'ob Normandy 100 300 $16,000,000 $16,000,000 $400,000 12% Park ($53,33 /job) $71,000,000 Seatac 1,050 24,100 $2,000,000,000 $6,000,000,000 34% ($82,988/'ob) Tukwila 1,030 5,200 $274,000,000 $742,000,000 $13,000,000 3% ($52,692/job) 42 Id. at pages 27-34. 43 Id. at page 27 (Exhibit 26). 44 Id. at page 28 (Exhibit 27) 4s Id. 46 Id. at Pages 29-34 24 In an effort to further explore the relative benefits versus harms from Sea -Tac International Airport to residents of Federal Way, the City of Federal Way Mayor's Office, upon recommendation of the Mayor's Quiet and Healthy Skies Task Force, made a public records request on October 11, 2017 to the Port of Seattle asking for the "[n]umber of Sea -Tac Airport passengers broken down by country, state, city and zip or postal code--i.e. how many Sea -Tac Airport passengers live in each country, state, city and zip or postal code." The Port responded that it did not possess these records and data and referred us to a link showing overall statistics on number of passengers, number of operations, total air cargo, etc., but nothing broken down by zip code. The Mayor's Office rephrased its public records request on October 18, 2017 to request the "[n]umber of passengers departing from Sea -Tac Airport (either as point of origin or as a layover site) by country, state, city, and zip or postal code of residence." The Port again responded that it did not possess these records and data and again referred us to the same link. While the numbers we do have (all supplied by the Port of Seattle, it must be noted) do suggest that Federal Way does enjoy certain benefits from Sea -Tac International Airport, the harms suffered by Federal Way residents due to airport activity are harder to measure. In fact, shortage of this sort of data is one reason why the Task Force is recommending that the City of Federal Way participate in funding the upcoming State of Washington Department of Commerce study of current and ongoing impacts associated with Sea -Tac Airport aircraft operations on surrounding airport communities, including Federal Way. As described above, it was over twenty (20) years ago that a study on the impacts of Sea - Tac International Airport to local communities was last completed, in the context of the building of the third runway. That study, prepared under a grant from the State of Washington for the cities of Burien, Des Moines, Federal Way, Normandy Park, Seatac, and Tukwila, as well as Highline School District and Highline Community Hospital, concluded that Federal Way would require mitigation due to LDN [i.e. DNL] contours and overflights in the amount of $148,000,000 ($232,000,000 in 2018 dollars47) for sound abatement insulation and avigation easements.48 It was also estimated that the City of Federal Way would suffer a loss of single family residential property tax revenue from the years 2000 through 2020 in the amount of $11,611,022 as a result of construction and operation of the third runway, with the total such loss to the five cities of Burien, Des Moines, Federal Way, Normandy Park, and Tukwila estimated at $39,900.224.49 Commenting on this loss, the study's authors observed as follows: There is an inequity regarding the benefit of the Airport to its immediate neighbors. While the study acknowledges the benefit of the Airport to the region and the State, these benefits are not experienced locally in the 5 impacted communities [of Burien, Des Moines, Federal Way, Normandy Park, and Tukwila]. Approximately 5% of the persons utilizing the Airport live in the area most impacted. The remaining 95% of Airport passengers and employees come from elsewhere in the region. 47 Converted time dollars from www.in20l3dollars.com/I997-dollars-in-2018?amount=148000000. 48 Sea -Tae International Airport Impact Mitigation Study at Page ES -4. 49 Id. at Page 9-12 (Table 9.08) 25 Socio-economic impacts tend to blur across neighborhood lines and impact entire communities. In general, communities closer to the Airport are expected to experience a relative "depression" of residential property values (property values do not rise as fast relative to other similar properties in the region). This will have a cascading affect on the population mix in these areas. Single-family homes that cannot be sold will become rental properties. Studies have reported that non owner -occupied residential areas have a lower average household income and utilize more social services than other areas. While the property value and tax revenues are depressed in these areas, the cost of providing social services increases. Overall, the 5 communities were projected to experience a loss of $39.9 million during the period 2000 through 2020 as a result of the proposed project. The loss of these revenues is compounded with the problem of increasing demand for community and social services. The discrepancy between these two trends contributes to the "blighting" of the area. This "blighting" impact has already been observed. Homes take longer to sell in the neighborhoods adjacent to the Airport, and the local real estate market already acknowledges the impact of aviation activity on neighborhoods. 50 The upcoming Department of Commerce study is likely to show similar results, suggesting that while Federal Way does benefit from Sea -Tac, that benefit is substantially negated by the harmful impacts of aircraft operations from the airport. Most users of Sea -Tac enjoy its benefits while sharing few of its costs. But those living under flight paths are burdened with a decreased quality of life, sleep deprivation, increased exposure to health risks from emissions, and decreased property values. Furthermore, Federal Way residents are excluded from Sea-Tac's Part 150 noise mitigation zone, within which residents of Burien and other neighborhoods to the north have received $400 million 51 in noise insulation and other mitigation benefits funded by the Port and FAA. Also, there are more south flow departures and north flow approaches bringing an inordinate amount of traffic over Federal Way. And the flight paths south of the airport were designed without regard to the number of people below them, causing flights to take a less efficient path that also impacts many more people than a modern short path. The approaches in the north flow (those going over Federal Way) to the longest runway are also on a lower and less safe glide path. The largest and heaviest aircraft typically favor the longest runway and therefore end up being lower over Federal Way. On the other hand, no approaches in south flow (those that do not go over Federal Way) are below the standard three -degree glide path. 50 Id. at Page ES -6. 51 "Noise Programs & NextGen Briefing" at Slide 8 ("$400 million spent since 1985 on mitigation") 26 i. DNL Meaning and Anproprlateness i. DNL Meaning Sound is made up of vibrations in air at different frequencies. Since the human ear does not hear all frequencies, A -weighted decibels (dBA) are commonly used to measure relative loudness. A -weighted decibels reduce the values of low frequencies so as to be a more accurate measurement of what is perceived. "For aviation noise analyses, the FAA has determined that the cumulative noise energy exposure of individuals to noise resulting from aviation activities must be established in terms of Yearly Day Night Average Sound Level (DNL), the FAA's primary noise metric." 52 "The DNL has also been identified by the U.S. Environmental Protection Agency (USEPA) as the principal metric for airport noise analysis." 53 Day -Night Average Sound Level (DNL) is a 24-hour equivalent sound level. DNL is expressed as an average noise level on the basis of annual aircraft operations for a calendar year. To calculate the DNL at a specific location, Sound Exposure Levels (SELs) (the total sound energy of a single sound event) for that particular location are determined for each aircraft operation (landing or takeoff). The SEL for each operation is then adjusted to reflect the duration of the operation to arrive at a "partial" DNL for the operation. The partial DNLs are then added logarithmically — with the appropriate penalty for those operations occurring during the nighttime hours — to determine total noise exposure levels for the average day of the year. 54 ii. DNL Appropriateness DNL as an annoyance level is fundamentally flawed. Humans do not perceive a single, short, loud sound event as an average over a much longer period of time. The Yale University Office of Environmental Health and Safety places the decibel level of a vacuum cleaner at 75 dBA.55 At that amount of sound pressure, the vacuum could run for twenty minutes of every hour and not fall within the 65 DNL established by the FAA as the point when people become annoyed by noise. 52 "Noise and Noise -Compatible Land Use" (Environmental Impacts: Policies and Procedures --FAA Order 1050. IF) at Appendix B, Section B-1. h!Ws://www.faa.gov/documentLibrary/media/Order/FAA Order 1050_1F.pdf 53 "Aircraft Noise & Noise Monitoring" (Published by Federal Aviation Administration) at Question 4; haps://www.faa.gov/aiMortslaiMort_development/omplfaq/Media/Noise Monitoring_pdf 54 Id. 55 "Decibel Level Comparison Chart" (Yale Office of Environmental Health and Safety); hgps: //ehs. yale. edu/sites/defau lt/files/£ le s/decibel-level-chart.pd F 27 Large aircraft on departure register 83+ dBA over Sacajawea Middle School's noise monitor, including in the middle of the night .56 The DNL calculation adds ten decibels for events between 10:00 PM and 7:00 AM .57 This ten -decibel adjustment has been added because of the increased sensitivity to noise during normal nighttime hours and because ambient (without aircraft) sound levels during nighttime are typically about ten decibels lower than during daytime hours. The following graphic illustrates how many aircraft it takes to hit the 65 DNL at different volumes and levels of traffic:58 IDENTICAL DNLICNEL LEVELS 0!714cm -- 00 EventsiDay SEL 94A dBA = DNLICNEL 65 r-r—sirr11T—sem CoprgM 2012 ErAvowwtg Saente Assocemes 56 A China Airlines flight on September 30, 2017 registered 83 decibels at Sacajawea at 2:24:42 AM as shown on the Port of Seattle's noise website. 57,, Chapter 4: Impact Categories, Significance, and Mitigation" (Environmental Impacts: Policies and Procedures -- FAA Order 1050. IF) at Page 4-8 (footnote 7); https://www.faa.gov/documentLibrarvJmedia/Order/FAA_Order 1050_iF.pdf 58 "Aircraft Noise 101 LAX Community Noise Roundtable" (Power Point presented by Environmental Science Associates (ESA) on May 9, 2012) at Slide 31; https://www.lawa,or-g/-/media/lawa-web/environment/lax- 28 Can the 65 DNL number be changed? According to the FAA: When communities are considered as a whole, ... reliable relationships are found between reported annoyance and noise exposure. This relationship between community annoyance and noise exposure levels " ... remains the best available source of predicting the social impact of noise on communities around airports. . .". As the Federal Interagency Committee on Noise (FICON) noted in its 1992 report, "the best available measure of [community annoyance] is the percentage of the area population characterized as `highly annoyed' (%HA) by lonVerm exposure to noise of a specified level (expressed in terms of DNL)." s But the FAA's conclusion on the reliability of the DNL metric is belied by our own experience in Federal Way. On November 19, 2015, the City of Federal Way held a "SeaTac Noise — Federal Way Community Open House" and got a standing -room -only crowd. Since all of Federal Way is outside of the 65 DNL contour, the FAA's claim that that metric is the best gauge for when the average population will be annoyed by noise is clearly flawed. Due to lawsuits, some airports do mitigate below the 65 DNL. One example is Minneapolis -St. Paul International Airport (MSP). "In 2007, the MAC [Metropolitan Airports Commission, which operates MSP] voted to approve a proposed settlement in a noise mitigation lawsuit brought by the cities of Minneapolis, Richfield and Eagan. Under the new noise mitigation program, the MAC would provide mitigation to homes in the 60 to 64 DNL contours." 60 Meanwhile, the FAA has claimed to be reviewing the DNL metric 61, but to date no change has developed. Congressman Adam Smith has introduced federal legislation to expand the areas eligible for federal mitigation so as to include communities within "1 mile from any point at which a commercial or cargo jet route is 3,000 feet or less above ground level."62 At Mayor Ferrell's urging, Congressman Smith also sent a letter on June 19, 2018 to the Acting Administrator of the FAA asking for an update on the FAA's evaluation of the 65 DNL metric and alternative metrics. Also, the FAA Reauthorization Bill passed by the House of community-noise- roundtable/noise management resentations/noise -management resentation/noisert 120509 aircraft-noise- lOI.ashx?la=en&hash=IADCD814A1 227E572BFF19162D8DD9693CF6CE3B (Used with Permission) 59 "Chapter 13. Airport Noise and Access Restrictions" at Paragraph 13.16 (emphasis in original) 60 "Minneapolis -St. Paul International Airport - Noise Compatibility Program"; h s://www.boein .co resourcestboein dotcomlcommerciaVnoise/minne4 olis.html 61 "Press Release -- FAA to Re -Evaluate Method for Measuring Effects of Aircraft Noise" (Released by Federal Aviation Administration on May 7,2015); hIqLs://www.faa.govtnewgpress releases/news sto .cfm?newsid=1.8774 62 Aviation Impacted Communities Act (Sec. Seven, Paragraph (2)). 29 Representatives on April 27, 2018 requires the FAA to complete the evaluation within one year.63 iii. DNL fails to consider noise as a health issue in addition to annoyance. 64 For years, scientists have warned that ever-increasing environmental noise has a negative impact on people's health. These effects can be physical, psychological, and even intellectual. For example, one almost forty -year-old study found that after the installation of rubber cushions and noise -absorbing ceilings in classrooms, children's reading scores increased .65 And more recent research found a correlation between exposure to airplane noise and heart attacks, chest pain, hypertension, and strokes amongst those living near and around airports. 66 A study published just last year linked loud noises to hearing loss. 67 This author asked: ... [W]ill the outcry from citizens concerned about the deleterious effects of noise on health convince governments to pass policies to address noise pollution? Will public officials recognize that sound data already exist to justify passing and enforcing such policies? I will urge public officials to heed former Surgeon General William H. Stewart's quote: "Must we wait until we prove every link in the chain of causation? I stand firmly with Surgeon General Burney's statement of 10 years ago. In protecting health absolute proof comes late. To wait for it is to invite disaster or to prolong suffering unnecessarily."68 Also in 1992 and also right here in Puget Sound, the Health Subcommittee of the Environmental Impact Committee of the Regional Coalition on Airport Affairs produced a lengthy document entitled "The Adverse Health Impacts of Airport Expansion with Particular Reference to Sea -Tac International Airport," stating that [d]isturbance of sleep is one of the most significant sources of distress caused by airport noise. Airport noise causes difficulty in attaining deep sleep, shortened REM sleep, and premature arousal from sleep. Both deep and REM sleep are 63 Presentation of Port of Seattle Federal & International Government Relations Senior Manager Eric Schinfeld at June 27, 2018 meeting of Sea -Tac Airport Stakeholders Roundtable (StART) (held at Sea -Tac Conference Center) 64 The Task Force would like to acknowledge that this subsection is based almost exclusively on research and writing done by Former Task Force Member Kristin Yodock, Ph.D. She has not endorsed or approved this final product. 65 "The effect of a noise abatement program on reading ability" by A. L. Bronzaft. Journal of Environmental Psychology. 1, 215-222. doi: 10.1016/S0272-4944(81)80040-0 (1981) 66 "Residential exposure to aircraft noise and hospital admissions for cardiovascular diseases: Multi -airport retrospective study" by A. W. Correia, J. L. Peters, J. L. Levy, S. Melly, and F. Dominici. British Medical Journal. 347, f5561. doi: 10.1136/bmj.0561 (2013) 67 "Impact of noise on health: The divide between policy and science" by A. L. Bronzaft. Open Journal of Social Sciences, 5, 108-120. doi: 10.4236/jss.2017.55008 (2017) 68 Id. 30 thought to be physiologically important. Sleep deprivation leads to impaired reaction times, fatigue, lethargy, decreased efficiency, anxiety and desire to be left alone.69 This subcommittee also stated that [a]irport noise results in a significant increase in community use of tranquilizers and sleeping pills. Airport communities have an increased rate of alcoholism, and admissions to psychiatric hospitals. Airport -related noise can literally drive people mad.70 It goes on to allege that [i]nfants born to mothers living under the flight path have lower birth weights and higher likelihood of prematurity. There is some experimental evidence to suggest that serious birth defects are more likely when the mother is exposed to high noise levels during pregnancy. Airport communities are unsafe for pregnant women and their children.n "Experts have also claimed," the subcommittee states under "Immunology," "that loud and disturbing noises trigger changes in circulating hormones and may lower resistance to disease and infection." 72 This document does not appear to have been peer-reviewed or published in any professional journal. But the point is that the DNL metric, in addition to its other flaws, fails to take the possibility of health hazards from noise into account, instead treating noise as merely an annoyance. It should be noted that the FAA Reauthorization Bill passed by the House of Representatives on April 27, 2018 adds Seattle to cities being analyzed in a study of the health impacts of airport noise. 73 69 "The Adverse Health Impacts of Airport Expansion with Particular Reference to Sea -Tac International Airport" prepared by D. Dennis Hansen, M.D. and Lee A. Sanders, M.D., Ph.D. for the Health Subcommittee of the Environmental Impact Committee of the Regional Coalition on Airport Affairs (October 5, 1992); httt):Ilwww.airoortnoiselaw.orpJhansen. html 70 Id. 71 Id. 72 Id. 73 Presentation of Port of Seattle Federal & International Government Relations Senior Manager Eric Schinfeld at June 27, 2018 meeting of Sea -Tac Airport Stakeholders Roundtable (StART) (held at Sea -Tac Conference Center) 31 L Should City of Federal Way Invest in Portable Noise Monitors? Having our own portable noise monitor or monitors would allow the City of Federal Way to confirm the real sound levels at different locations. Due to the valleys and hillsides created by the greatly varying terrain, the proximity to water, and ambient noise, Federal Way residents believe that the current Federal Way noise monitors (operated by the Port) may not accurately measure the real sound levels experienced at their locations. For instance, the noise monitor at Sacajawea Middle School has a direct line of sight to Dash Point Road/State Highway 509, increasing the ambient noise significantly compared to most neighborhoods and therefore skewing the results as to how much time a typical neighborhood is at a level of noise above the ambient level. Also, hills and valleys likely impact the sound exposure significantly inside of the same housing development. Having a portable noise monitor would give better insight as to the real impacts within neighborhoods. However, current FAA rules and regulations do not allow readings from noise monitors to be used to determine the noise contours. The regulations only allow the FAA's qualified tool that uses modeling.74 k. Recommendations 1. The City of Federal Way should continue to engage with Rep. Adam Smith and strongly support his Aviation Impacted Communities Act. This legislation would not only expand the definition of an aviation -impacted community (where federal mitigation funds may be spent)75, but would also require the FAA to: a. work with community boards designated by such communities and attend their board meetings 76; b. "devise an action plan that alleviates or addresses the concerns brought up in .. . [a] community report" drafted by a community board that "detail[s] the community's concerns and issues related to disparate impacts"77; c. collaborate with community boards on scoping and methodology of any community study requested by a community board 78; 74,, Aircraft Noise 101" (May 22, 2018 Power Point Presentation by Steve Alverson of Environmental Science Associates (ESA) Sponsored by Port of Seattle for Members of Highline Forum and Sea -Tac Airport Stakeholders Roundtable (StART)) at Slide 31 75 Aviation Impacted Communities Act (Sec. Five and Sec. Seven (Paragraph 2)) 76 Id. at Sec. Three (Paragraph d) 77 Id. at Sec. Four (Paragraph a) and Sec. Three (Paragraph e) 78 Id. at Sec. Three (Paragraph g) 32 d. "devise an action plan that alleviates or addresses the concerns brought up in the. .. community study"79; e. "where effective, consider the implementation of changes to operations and flight paths if the community report or community study indicates that such changes would decrease the impacts on the designated community"80; f. "explain the rationale" for any determination that "changes to operations and flight paths that a community report or community study indicated would decrease the effects on the designated community would not be effective"81 g. "[u]pon request of a designated community, and in addition to the annualized average measurement ... provide additional noise measurement instrumentation to measure airplane noise"82; 2. The City of Federal Way should also strongly support the efforts of Congressman Smith and others to ensure that the FAA quickly completes its evaluation of the DNL and alternative metrics. The City of Federal Way should engage with newly -authorized FAA community engagement staff, as soon as they are hired, and should insist that alternatives to DNL be examined. If these efforts are fruitless, the City of Federal Way should support legislation to change the standard. 4. The City of Federal Way should also lobby the FAA, Port of Seattle, and, if necessary, Congress, to change all glide slopes to at least three degrees (or higher) and flight paths so as not to go over populated areas. 5. The City of Federal Way should make the case with the FAA and Port of Seattle that the third runway should only be used for its original purpose, which was inclement weather. 6. The City of Federal Way should purchase a portable noise monitor so as to give data and metrics for objective impacts to lives. 79 Id. at Sec. Four (Paragraph a) 8o Id. at Sec. Four (Paragraph b(2)) 81 Id. at Sec. Four (Paragraph c) 82 Id. at Sec. Five (Paragraph d) 33 IV. THE AUTHORITY TO REGULATE: CASE STUDY ON EFFORTS TOWARD CURFEW FOR CARGO FLIGHTS a. Cargo Fli_ghts It is well-known that cargo flights, as well as passenger flights have been dramatically increasing in recent years at Sea -Tac International Airport. On January 26, 2017, the Port of Seattle advertised the airport's having "vault[ed]" from 13th busiest in the United States to 9th busiest. 83 As far as air cargo, the Port noted that: [t]otal air cargo went up for the fifth straight year in 2016, increasing 10.2 percent to more than 366,000 metric tons. Four new air freight carriers in 2016 - DHL, AeroLogic, PrimeAir, and AirBridgeCargo - helped boost the total. Domestic air freight shot up 20 percent to 194,754 metric tons in 2016. Sea -Tac was the first U.S. airport in 2016 to welcome the Amazon -branded Prime Air 767 cargo aircraft into service. 84 Even these figures from 1 %2 years ago are already out of date. In recent communications, the Port now says that it handled 425,800 metric tons of air cargo in 201785, an increase of 16.34 percent in one year! As of June 27, 2018, cargo had risen another 5.1 percent. 86 Some activists have proposed moving air cargo to Grant County International Airport near Moses Lake. However, Port staff and commissioners have raised various objections to this idea. For example, in a July 5, 2017 meeting with Mayor Ferrell and his staff, Former Port Commissioner John Creighton indicated that there is no cold storage facility in Moses Lake, and to build one would be very expensive when the crops that need this (cherries) are only shipped three months out of the year. While data provide by the Port shows the vast majority of flights between 10:00 PM and 6:00 AM are passenger flights, 87 there are certain middle -of -the -night cargo flights that have led to numerous complaints, for example: S3 ,Record 2016 passenger travel vaults Sea -Tac Airport to 9"' busiest in U.S. — up from 13th" (January 26, 2017 Port of Seattle press release) 84 Id. 85 May 1, 2018 from Port of Seattle listserv. 86 Presentation of Port of Seattle Airport Operations Director Mike Ehl at June 27, 2018 meeting of Sea -Tac Airport Stakeholders Roundtable (StART) (held at Sea -Tac Conference Center) 87 A September 6, 2017 email from Port of Seattle Senior Manager, Federal & International Government Relations Eric Shinfeld provided data showing that of 1208 flights that took off or landed between 10:00 PM and 6:00 AM from July 24, 2017 through July 31, 2017, 1109 were passenger flights, 75 were cargo, and 24 were general aviation. 34 • On March 8, 2017, a Task Force member reported that a China Airlines 747-4 woke him up and kept him up at 2:08 AM. He said it was one of the loudest jet events he had heard in months, probably due to the wind. • On May 13, 2017 at 3:11 AM, the same Task Force member reported that the China Airlines flight registered 83 decibels at the noise monitor at Sacajawea Middle School. He also said that an earlier flight at 2:38 AM woke him up. ■ An email received on February 14, 2018 by the City of Federal Way Mayor's Office from a Des Moines resident says, "We have cargo Asian liners that rumble over our homes shaking our windows rendering noise insulation useless, waking us up at 2 and 3 AM in the morning." ■ In a February 27, 2018 meeting with Puget Sound Regional Council (PSRC) Executive Director Josh Brown, City of Federal Way Mayor Jim Ferrell went over the issue of heavy freight flights in the middle of the night (2:00 AM to 3:00 AM) and his resulting concern with the expected tripling of cargo in the coming years as well as the expected 40 percent increase in passengers. Mr. Brown responded that these issues had arisen in meeting with other cities' leaders. He had heard from others that there is no lull in air traffic, which instead is constant and linear (not spread out). He also said that the 747 jet flight to China at 2:00 AM was mentioned in all meetings. He said that the State is conducting a study of air cargo and that this study, all master plans, the Federal Way Mayor's Quiet and Healthy Skies Task Force report, the University of Washington study funded by the State Legislature in 2017, and the Department of Commerce 2019 aircraft impacts study will all be incorporated into the FAA -funded PSRC Regional Aviation Baseline Study being launched in mid -2018 and expected to be completed by the end of 2019. ■ At the May 23, 2018 meeting of the Highline Forum, Seatac City Manager Joe Scorcio noted that in the last two years, there have been more freight departures in the late evening and early morning and that this is what causes most complaints. In particular, Scorcio noted one well-known flight at 3:30 AM every morning to China that is heavy and has a slow takeoff. It was acknowledged that these are heavier planes and climb more slowly. Port staff has indicated that the airport director has asked the airline if it can voluntarily look at an alternative to the middle -of -the -night flight to China that disturbs so many people. Port commissioners have also publicly spoken about trying to get resolution on this issue. It is nevertheless of further concern that the Port has plans to triple air cargo.$$ And the Port markets its great availability for cargo, including "24-hour operation with no curfews."89 88 "Port of Seattle 2018-2022 Long Range Plan" Objective 3 (slides 9 and 12). At a May 30, 2018 meeting on the Sustainable Airport Master Plan (SAMP) held at Burien Community Center, Port officials said that this tripling of cargo is a 20 -year goal/target of the Port's "Century Agenda", not a forecast. It is, the officials said, an "aspirational goal" set by the Port commissioners. 35 b. Legal Analysis So the question, first of all, is whether a "curfew" on cargo (and/or other) flights is feasible and whether it would require a change to federal law. In 1973, the United States Supreme Court considered a curfew adopted by the City of Burbank, California that prohibited jet airplanes from taking off from the Hollywood -Burbank Airport between 11:00 PM and 7:00 AM.90 The Court held the curfew unconstitutional because "FAA, now in conjunction with EPA, has full control over aircraft noise, preempting state and local control.i9I "It is the pervasive nature of the scheme of federal regulation of aircraft noise," the Court reasoned, "that leads us to conclude that there is pre-emption." 92 Though "[c]ontrol of noise is of course deep-seated in the police power of the States," the Court went on, "the pervasive control vested in EPA and in FAA under the 1972 [Noise Control] Act seems to us to leave no room for local curfews or other local controls." 93 However, the Supreme Court left open an important consideration, as follows: [W]e are concerned here not with an ordinance imposed by the City of Burbank as "proprietor" of the airport, but with the exercise of police power.... [M]any airports are owned by one municipality yet physically located in another. For example, the principal airport serving Cincinnati is located in Kentucky. Thus, authority that a municipality may have as a landlord is not necessarily congruent with its police power. We do not consider here what limits, if any, apply to a municipality as a proprietor. 94 The "proprietor's exemption" to preemption was expanded upon in 1976 when the United States District Court for the Northern District of California refused to declare unconstitutional an ordinance enacted by a city in its "capacity as proprietor of an airport that "prohibit[ed] all aircrafts which exceed a noise level of 75 dBA from landing or taking off... between the hours of 11:00 p.m. and 7:00 a.m."95 89 Air Carpo at the Port of Seattle (Marketing Piece provided by Port staff on July 9, 2017) 90 Burbank v. Lockheed Air Terminal Inc., 411 US 624, 625-626 (1973) 91 Id. at 626, 633. 92 Id. at 633. 93 Id. at 638. 94 Id. at 635 (footnote 14). 9s National Aviation v. Hurd, 418 F. Supp. 417, 418 (N.D. Cal. 1976). W The District Court based its decision partially on another United State Supreme Court case Griggsy. Allegheny County, 369 US 84 (1962), which "held that an airport operator is financially responsible to nearby property owners for property damage resulting from aircraft noise from overflying commercial flights."96 Thus, to find preemption would "impose upon airport proprietors the responsibility under Griggs for obtaining the requisite noise easements, yet deny them the authority to control the level of noise produced at their airports."97 However, the legislative history of the Noise Control Act of 1972 convinced the District Court that this was not intended.98 Thus, the District court concluded that while the Congressional purpose was undoubtedly clear enough to the Burbank majority to rule that a municipality's police power regulations regarding aircraft noise at an airport, which it was not the proprietor of, invaded an area exclusively reserved for federal control, [footnote omitted] this court cannot, in light of the clear Congressional statement that the amendments to the Federal Aviation Act [i.e. in the Noise Control Act of 1972] were not designed to and would not "prevent airport proprietors from excluding any aircraft on the basis of noise considerations," [footnote omitted] make the same finding with respect to regulations adopted by municipal airport proprietors. 99 This "proprietor exception" has been utilized with limited success to uphold certain noise restrictions adopted by airport proprietors. In 1981, the Ninth Circuit Court of Appeals (which includes the State of Washington) upheld several City of Santa Monica ordinances that were passed "to reduce noise at the city -owned and operated airport," including ordinances that: • "imposed a night curfew on takeoffs and landings"; • "prohibited certain low aircraft approaches on weekends" • "prohibited helicopter flight training"; and • "established a maximum single event noise exposure level (SENEL) of 100 dB" [decibels].loo "Because Congressional intent not to preempt all regulation by municipal -proprietors is clear," the Ninth Circuit concluded, "the district court correctly concluded that these ordinances were not preempted."ioi The Court specifically went on to "hold that the municipal proprietor exception allows the City to choose the SENEL method involved here, despite " National Aviation, 418 F. Supp. at 424. 97 Id. 98 Id. 99 Id. uotin Sen. Rep. No. 1353, 90`h Cong., 2d Sess., 7) goo Santa Monica Airport Assn. v. Santa Monica, 659 F.2d 100, 102 (91h Cir. 1981). '0' Id. at 104. 37 the SENEL's monitoring of noise created by planes as they are ascending or descending." 102 Eleven years later, relying on the Santa Monica case, the Ninth Circuit found that a City of Long Beach, California ordinance limiting the number of daily flights at Long Beach Municipal Airport (which the city owned) was not preempted by federal law. 103 However, the Court nevertheless upheld the lower court's permanent injunction against the ordinance on other grounds (violation of procedural due process due to no opportunity for notice and hearing). 104 Similarly, the United States District Court for the Southern District of New York rejected a preemption argument against noise restrictions adopted by the Port Authority of New York and New Jersey over John F. Kennedy Airport, which the Port owned and operated. 105 "Contrary to Arrow's assertion," the Court noted, nothing in City of Burbanky. Lockheed Air Terminals Ing, [citation omitted], casts any doubt on the authority of an airport proprietor to regulate aircraft noise. In City of Burbank, the Supreme Court held only that a municipality, using its police powers, could not limit the time in which aircraft can takeoff and land. [citation omitted] ,106 Much of the law surrounding federal preemption of local noise restrictions by airport proprietors, however, was upended by the passage in 1990 of the Airport Noise & Capacity Act (ANCA), under which "an airport noise or access restriction on the operation of stage 3 aircraft not in effect on October 1, 1990, may become effective only if the restriction has been agreed to by the airport proprietor and all aircraft operators or has been submitted to and approved by the Secretary of Transportation ...... 107 108 This provision of ANCA is all-encompassing as it applies to: 102 Id. 103 Alaska Airlines. Inc. v. Long Beach, 951 F.2d 977, 980, 982 (9"' Cir. 1992). 104 Id. at 981, 986-987. los Arrow Air, Inc. v. Port Authority of New York & New Jersey, 602 F. Supp. 314, 316, 318-319 (S.D. N.Y. 1985). 106 Id. at 318. 107 49 USC § 47524(c)(1) '08 ANCA also prohibited large jets (more than 75,000 pounds) that did not comply with stage 3 noise levels after December 31, 1999, 49 USC § 47528(a), and small jets (75,000 pounds or less) that did not comply with stage 3 noise levels after December 31, 2015, 49 USC § 47534 (a). "[O]n July 2, 2013, the FAA published a Final Rule in the Federal Register for the Adoption of Statuto Prohibition roaLthe Operation of. Jets Weighing 75,000 Pounds or Less That Are Not Stage 3 Noise Compliant."; htips.,//www.i-'aa.gov/about/office orgL ead uarters offlcesia llnoise emission*JaiMgrt aircraft noise issues/levels/ Thus, "Stage 1 and stage 2 are no longer permitted to operate in the United States." "Aircraft Noise 101" (May 22, 2018 Power Point Presentation by Steve Alverson of Environmental Science Associates (ESA) Sponsored by Port of Seattle for Members of Highline Forum and Sea -Tac Airport Stakeholders Roundtable (StART)) at Slide 65. 38 (A) a restriction on noise levels generated on either a single event or cumulative basis; (B) a restriction on the total number of stage 3 aircraft operations; (C) a noise budget or noise allocation program that would include stage 3 aircraft; (D) a restriction on hours of operations; and (E) any other restriction on stage 3 aircraft."' Finally, to approve the proposed restriction, the Secretary of Transportation must find by "substantial evidence" that: (A) the restriction is reasonable, nonarbitrary, and nondiscriminatory; (B) the restriction does not create an unreasonable burden on interstate or foreign commerce; (C) the restriction is not inconsistent with maintaining the safe and efficient use of the navigable airspace; (D) the restriction does not conflict with a law or regulation of the United States; (E) an adequate opportunity has been provided for public comment on the restriction; and (F) the restriction does not create an unreasonable burden on the national aviation system. 1 to These new rules do not apply to restrictions in effect as of November 5, 1990.111 The Department of Transportation has adopted detailed requirements for each of the above six statutory conditions. For instance, for just the first of these conditions (i.e., to prove that the restriction "is reasonable, nonarbitrary, and nondiscriminatory"' 12), the following evidence is required: (1) Evidence that a current or projected noise or access problem exists, and that the proposed action(s) could relieve the problem, including: '09 49 USC § 47524(c)(1) "0 49 USC § 47524(c)(2) 111 49 USC § 47524(d) 112 49 USC § 47524(c)(2)(A) 39 (i) A detailed description of the problem precipitating the proposed restriction with relevant background information on factors contributing to the proposal and any court-ordered action or estimated liability concerns; a description of any noise agreements or noise or access restrictions currently in effect at the airport; and measures taken to achieve land -use compatibility, such as controls or restrictions on land use in the vicinity of the airport and measures carried out in response to 14 CFR part 150; and actions taken to comply with grant assurances requiring that: (A) Airport development projects be reasonably consistent with plans of public agencies that are authorized to plan for the development of the area around the airport; and (B) The sponsor give fair consideration to the interests of communities in or near where the project may be located; take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land near the airport to activities and purposes compatible with normal airport operations; and not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility (with respect to the airport) of any noise compatibility program measures upon which federal funds have been expended. (ii) An analysis of the estimated noise impact of aircraft operations with and without the proposed restriction for the year the restriction is expected to be implemented, for a forecast timeframe after implementation, and for any other years critical to understanding the noise impact of the proposed restriction. The analysis of noise impact with and without the proposed restriction including: (A) Maps of the airport noise study area overlaid with noise contours as specified in §§ 161.9 and 161.11 of this part; (B) The number of people and the noncompatible land uses within the airport noise study area with and without the proposed restriction for each year the noise restriction is analyzed; (C) Technical data supporting the noise impact analysis, including the classes of aircraft, fleet mix, runway use percentage, and day ight breakout of operations; and (D) Data on current and projected airport activity that would exist in the absence of the proposed restriction. (2) Evidence that other available remedies are infeasible or would be less cost- effective, including descriptions of any alternative aircraft restrictions that have been considered and rejected, and the reasons for the rejection; and of any land 40 use or other nonaircraft controls or restrictions that have been considered and rejected, including those proposed under 14 CFR part 150 and not implemented, and the reasons for the rejection or failure to implement. (3) Evidence that the noise or access standards are the same for all aviation user classes or that the differences are justified, such as: (i) A description of the relationship of the effect of the proposed restriction on airport users (by aviation user class); and (ii) The noise attributable to these users in the absence of the proposed restriction. (B) At the applicant's discretion, information may also be submitted as follows: (1) Evidence not submitted under paragraph (e)(2)(ii)(A) of this section (Condition 2) that there is a reasonable chance that expected benefits will equal or exceed expected cost; for example, comparative economic analyses of the costs and benefits of the proposed restriction and aircraft and nonaircraft alternative measures. For detailed elements of analysis, see paragraph (e)(2)(ii)(A) of this section. (2) Evidence not submitted under paragraph (e)(2)(ii)(A) of this section that the level of any noise -based fees that may be imposed reflects the cost of mitigating noise impacts produced by the aircraft, or that the fees are reasonably related to the intended level of noise impact mitigation.' 13 Post -ANCA, the United States Court of Appeals for the Second Circuit considered certain restrictions (including curfews) adopted by New York City's Economic Development Corporation on the use of a Manhattan heliport. 114 The Court examined the restrictions under "the proprietor exception," which it noted, "allows municipalities to promulgate `reasonable, nonarbitrary and non-discriminatory' regulations of noise and other environmental concerns at the local level."' 15 Under this standard, the Court allowed some of the restrictions and disallowed others. 116 "[W]eekday and weekend curfews imposed should be upheld," the Court found, as "[t]he protection of the local residential community from undesirable heliport noise during 113 14 CFR § 161.305(e)(2)(i) 114 Nat,I Helicopter Carp. of Am. v. City of New York, 137 F.3d 81 (2"d Cir. 1998). 115 Id. at 88 (uotin British Airways Rd. v. Port Auth. ofN_Y. and N.J., 558 F.2d 75, 84 (2nd Cir. 1977)) 116 Id. at 89-92. 41 sleeping hours is primarily a matter of local concern and for that reason falls within the proprietor exception." 117 Similarly, the Court upheld the elimination of weekend operations since that provision was "based on the City's desire to protect area residents from significant noise intrusion during the weekend when most people are trying to rest and relax at home."118 The Court also upheld a requirement that heliport operations be reduced by 47 percent, even though that percentage "was not backed by any study reflecting the appropriate scenario or demonstrating that such specific percentage of noise reduction was the ideal" because "the proprietor was entitled to eliminate a portion of the Heliport's operations upon reaching a conclusion that a problem of excessive noise existed."' 19 However, the continued validity of Nat'l Helicopter is questionable given a recently decided case in which the same court (United States Court of Appeals for the Second Circuit) held that, in order to claim the proprietor exception to federal preemption, public airport operators must follow ANCA's procedural requirements. 120 This is true, the Court held, regardless of whether the airport accepts federal funds or not. 121 Finding ANCA's "procedures are mandatory and comprehensive," the Court "further conclude[d] that local laws not enacted in compliance with them ... are federally preempted." 12' Thus, the Court enjoined enforcement of three local laws123 that codified "(1) a mandatory curfew on all aircraft traffic, (2) an `extended' curfew for certain `noisy' aircraft, and (3) a weekly one -round-trip limit on noisy aircraft "124 Finally, the Court in Friends of the E. Hampton Airport, Inc. rejected that a different result was mandated by Nat'l Helicopter, which "found certain of the challenged restrictions to fall within the proprietor exception—despite the City's apparent failure to comply with ANCA procedures," because "[f]irst, `a sub silentio holding is not binding precedent"' and "[s]econd," because the court in Nat'l Helicopter understood the plaintiff "`not [to] dispute the viability of the proprietor exception"' but "to argue that the exception did not apply because the City's challenged actions were taken under its police power rather than its proprietary authority."125 "In resolving that dispute favorably to the City," the Court in Friends of the E. Hampton Airport continued, 117 Id. at 89. us Id. at 90. 119 Id. 120 Friends of the E. Hampton Airport. Inc. v. Town of E. Hampton, 841 F.3d 133, 136-137, 147-152 (2nd Cir. 2016) 121 Id. 122 Id. at 151-152. 123 Id. at 152. 124 Id. at 141. 125 Friends of the E. Hampton AireorL Inc.., 841 F.3d at 153 (quoting Getty Petroleum Corp. v. Bartco Corp., 858 F.2d 103, 113 (2"d Cir. 1988)(intemal quotation marks omitted) and Nat'l Helicopter Corp. of Am., 137 F.3d at 89) 42 this court did not address whether and to what extent ANCA's procedural requirements cabined the reasonable exercise of a municipality's proprietary authority over airport noise, much less did it decide whether local restrictions imposed in the absence of ANCA procedures were federally preempted. Indeed, the court mentioned ANCA only in passing, at the end of a string cite comparing the ADA with other "acts implying preemption of noise regulation at airports." [citation omitted] What the court did acknowledge, however, was that the role preserved for local airport proprietors in regulating noise levels is a "limited" one. [citation omitted] To the extent local restrictions must be "reasonable, nonarbitrary, and non-discriminatory," [citation omitted] nothing in National Helicopter suggests that an airport proprietor can satisfy these criteria if he fails to comply with mandated procedures of federal law—such as ANCA—for the enactment of such restrictions. To the contrary, actions taken in violation of legal mandates are, by their nature, unreasonable and arbitrary. 126 On June 26, 2017, the United States Supreme Court denied a petition for certiorari in Friends of the E. Hampton Airport, Inc. 127 In 2005, the United States Court of Appeals for the Ninth Circuit (i.e. the Court that has jurisdiction over Washington and the other West Coast states) also stated that ANCA "governs the manner in which individual airports may adopt noise restrictions on aircraft."128 Like the Second Circuit, the Ninth Circuit also noted that ANCA's "requirement of FAA approval is not tied to grants; grants or not, no airport operator can impose a Stage 3 restriction unless the FAA gives its approval."' 129 130 With respect to the above referenced Second Circuit holding and Ninth Circuit statement that ANCA applies whether or not an airport received federal grant money, it should be noted that it is also the case that ANCA prohibits federal funding and the imposition of passenger facility charges if its procedures for regulations concerning noise or access restrictions on Stage 3 aircraft are not followed: 126 Friends of the E. Hampton Airport, Inc., 841 F.3d at 153 (ug_ oting Nat'l Helicopter Corp. of Am., 137 F.2d at 88 (internal quotation marks omitted)). 127 Town of Hampton v. Friends of the E. HaMpton Airport, Inc., 137 S. Ct. 2295 (2017). 128 City of Naples Airport Auth. v. FAA, 409 F.3d 431, 433 (9t' Cir. 2005). 129 Id. at 434. 130 This statement could be considered non-binding "dicta" since the case was actually about Stage 2 aircraft. On the other hand, this statement was part of the Court's reasoning used to interpret ANCA's provisions concerning Stage 2 aircraft, so an argument could possibly be made that it is binding. In any case, it would seem doubtful that the Ninth Circuit would contradict itself in a future case. 43 Grant limitations.... [A] sponsor of a facility operating under an airport noise or access restriction on the operation of stage 3 aircraft that first became effective after October 1, 1990, is eligible for a grant ... and is eligible to impose a passenger facility charge ... only if the restriction has been— (1) agreed to by the airport proprietor and aircraft operators; (2) approved by the Secretary [of Transportation] ... ; or (3) rescinded. 131 c. Conclusions So where does all this leave us? In a coda to the litigation in the Town of East Hampton, New York the FAA recently (on March 26, 2018) upheld the town's use of airport revenues in defense of its restrictions. 132 But that was apparently the town's only victory, since it has apparently now conceded, after losing all the substantive court battles that the only route to implementing its designated restrictions, given the legislative program enacted by Congress, is to submit its chosen restrictions, either for unanimous approval by "all aircraft operators" at the airport [citation omitted] or by submitting them to FAA for approval [citation omitted] in accordance with FAA's regulatory guidance set forth in FAA regulation, 14 C.F.R. Part 161,133 As should be clear from the above recitation of just one section of C.F.R. Part 161, an application to the FAA to allow a restriction would be "both financially onerous and time consuming." 134 Furthermore, it is unlikely to be successful. One source stated that "no such Part 161 submission has been approved by the Federal Aviation Administration (`FAA') in the 25 years that the regulation has existed." 135 Another stated that "only one restriction was approved 131 49 USC § 47524(e) 132 "FAA Supports the Right of Airport Sponsor to Use Airport Funds in Defense of Locally Enacted Noise Restrictions," by Barbara E. Lichtman, Ph.D., J.D. (April 6, 2018); htt s://www.aviationai rtdevelo mentlaw.com/2018/04/articles/federat-aviation-administration-faaifaa-su rts- the-right-of airport -sponsor -to -use -airport funds-in-defense-of-locally-enacted-noise-restrictionsl#more-349 133 Id. (ug "ting and citing 49 U.S.C. § 47524(c)(1)) 134 "City of East Hampton May Be `A Day Late and a Dollar Short' in Challenging the Airport Noise and Capacity Act" by Barbara E. Lichtman, Ph.D., J.D. (March 10, 2017); https://www.aviationairvortdevelopmentlaw.com/2017/03/artioles/federal-aviation-administration-fWcity-of-east- hamoton-may-be-a-dav-tate-and-a-dollar-short-in-challensine-the-aimort-noise-and-capacity-act/#more-33.8 135 Id. 44 since 1991 "136 at a small airport in Florida. 137 This source also stated most airports spent 7 to 10 million dollars and were unsuccessful. 138 For instance, after eleven years of work (starting in 2004) and an expenditure of $10,000,000, Los Angeles International Airport (LAX) completed a Part 161 submission three years ago, but the FAA denied LAX permission to enact the proposed restriction even though it would only have affected two percent of traffic. 139 Thus, it is unlikely that the Port of Seattle would be willing to go through a Part 161 submission without significant pressure. A complete curfew during night-time hours would thus only be possible under current law if "agreed to by the airport proprietor and all aircraft operators," 140 which is also unlikely. Lobbying for a change to federal law to allow airport proprietors to impose late-night curfews without an onerous FAA approval process would likely be a very long-term prospect and would require significant allies beyond the City of Federal Way or even the State of Washington. d. Recommendations In the short-term, the City of Federal Way should address the concerns with cargo flights, particularly during late-night hours, by: 1. Support for the Port's efforts and pressure on the Port to intensify those efforts to get voluntary compliance from the most egregious offenders 141 2. Pressure on the Port to see if some cargo flights could be voluntarily moved to other airports if feasible (such as Moses Lake or possibly even McChord Air Force Base). 136 "Aircraft Noise 101" (May 22, 2018 Power Point Presentation by Steve Alverson of Environmental Science Associates (ESA) Sponsored by Port of Seattle for Members of Highline Forum and Sea -Tac Airport Stakeholders Roundtable (StART))) at Slide 20. 137 Oral Presentation of Steve Alverson of Environmental Science Associates (ESA) at May 22, 2018 Presentation Sponsored by Port of Seattle for members of Highline Forum and Sea -Tac Airport Stakeholders Roundtable (StART). 138 Id. 139 Id. 14049 USC § 47524(c)(1) 141 Minneapolis -St. Paul International Airport (MSP) "has a voluntary agreement with all scheduled airlines to not conduct nighttime operations from 2230 [ 10:30 PM] to 0600 [6:00 AM]. As part of the Noise Compatibility Plan, the MSP Signatory Airlines all agreed to use their `best efforts' to limit nighttime activity to current levels." "Minneapolis -St. Paul International Airport — Airport Curfews" found at htips://www.boeing.comlresources/boeingdotcom/commerciaUnoise/mingeapo1is.html 45 W 3. Pressure on the Port to cease affirmatively marketing its 24-hour availability for cargo aircraft The City of Federal Way should consider, if able to retain additional allies and if voluntary compliance proves impossible, pressure on the Port to go through a Part 161 submission, despite the obstacles outlined above. OTHER HEALTH IMPACTS OF INCREASED AIR TRAFFIC a. Airplane Pollution in General 142 Airplane pollution has been linked to respiratory -related issues. 143 In 2015, researchers collected and examined data from twelve of California's largest airports.144 Health effects from pollution readings around the airports were measured using the California Emergency Department and Ambulatory Surgery data for emergency room visits and inpatient discharge data for overnight hospital admissions. 145 Daily admissions of all people with a diagnosis associated with respiratory illnesses were included. 146 The study found a large proportion of local air pollution is caused by congestion from airports. 147 In terms of the link between health and pollution, admissions for respiratory problems were strongly related to airplane emissions. 148 Pollution also increased admissions for chronic obstructive pulmonary disease (COPD) and heart problems.' 49 Increases in pollution levels had a negative impact on the whole population, but greater effects were seen in children and the elderly. l so b. Nitrogen Oxides Nitrogen Oxides (NOx) affect the way we live and breathe and are being emitted at a much greater level by newer jet engines. Nitrogen Oxides (NOx) are "one of the main 142 The Task Force would like to acknowledge that this subsection is based almost exclusively on research and writing done by Former Task Force Member Kristin Yodock, Ph.D. She has not endorsed or approved this final product. 143 "Airports, air pollution, and contemporaneous health" by W. Schlenker and W.R. Walker. The Review of Economic Studies, 83(2), 768-809. doi: 10.1093/restud/rdv043 (2015) 144 Id. 145 Id. 146 Id. 147 Id. 148 Id. 149 Id. 150 Id. 46 ingredients involved in the formation of ground -level ozone, which can trigger serious respiratory problems," including "damage to lung tissue and reduction in lung function."151 According to the United States General Accounting Office (GAO), "our estimate of emissions produced by the U.S. commercial aircraft fleet in 2001 indicates that the engines used on the newest Boeing 737 models, which are widely used for domestic flights, average over 40 percent more nitrogen oxides emissions during landings and takeoffs than the engines primarily used on older -model Boeing 737s."152 c. Ultra -Fine Particles (UFPs) Ultra -fine particles (UFPs) are particles less than 100 nanometers in diameter. 153 The relationship of UFPs to air traffic and their effects on health is an emerging field of study. The number of studies on UFPs and airports appears to be gradually increasing from zero to three per year until 2013 to an average of over six studies per year since 2014.154 The University of Washington School of Public Health is currently engaged in a study funded by the State Legislature in 2017 on the levels of UFPs in areas impacted by Sea -Tac International Airport. 155 "The study must attempt to distinguish between aircraft and other sources of ultrafine particulate matter, and must compare concentrations of ultrafine particulate matter in areas impacted by high volumes of air traffic with concentrations of ultrafine particulate matter in areas that are not impacted by high volumes of air traffic." 156 It is due on December 1, 2019.157 Former Quiet and Healthy Skies Chair John Resing is on the advisory committee for this study. 151 "NOx--How Nitrogen Oxides Affect the Way We Live And Breathe" (Published by the United States Environmental Protection Agency Office of Air Quality Planning and Standards EPA -456/F-98-005 September 1998) at pages 2-3; https:Ilnepis.epa.govlExelZyPURL.cgi?Dockey~P10006ZO.TXT 152 Aviation and the Environment—Strategic Framework Needed to Address Challenges Posed by_Aircraft Emissions (Report by United States General Accounting Office (GAO) to the House of Representatives Chairman of Subcommittee on Aviation, Committee on Transportation and Infrastructure, GAO -03-252, February 2003) at page 4; bM://www.gao.gov/asseL%/240/237430.pdf 153,, Ultrafine 53"Ultrafine Particles Near Airports" by Dr. Tim Larson and Dr. Edmund Seto (Power Point Presented at November 15, 2017 meeting of Highline Forum in Tukwila, Washington) at Slide 5. A nanometer is one -billionth of a meter. 154,, Ultrafine Particles Near Airports" by Dr. Tim Larson and Dr. Edmund Seto (Power Point Presented at March 28, 2018 meeting of Highline Forum in Federal Way City Hall) at Slide 7. 155 Id. at Slides 2 and 12. 156 Budget Proviso contained in Washington State Operating Budget passed by the State Legislature in 2017. 157 Id. 47 A similar study was released on August 4, 2016 with respect to Logan International Airport in Boston, Massachusetts! 58 That study found that "aviation impacts on PNC [ultrafine particle number concentrations] extend many kilometers downwind of Logan airport," that "PNCs were positively correlated with flight activity," and that "when winds were from the direction of the airport, PNCs increased with increasing wind speed, suggesting that buoyant aircraft exhaust plumes were the likely source."159 The study concluded that "PNC exposure assessment studies [need] to take aircraft emissions into consideration, particularly in populated areas near airports." 160 The University of Washington study is not a study on the health effects of UFPs.161 Prior studies on health effects of UFPs were "limited largely to roadway traffic studies" but suggested "associations with cardiovascular, respiratory, and possibly cancer health effects." 162 For instance: • A California study released in 2015 found a "[p]ositive association ... between UFP and ischemic heart disease mortality, but not respiratory mortality (including lung cancer)."163 ■ A Canadian study released in 2017 found a "[p]ositive association ... between UFP and incident Chronic Obstructive Pulmonary Disease (COPD), but not asthma or lung cancer." 164 The abstract for this study stated that "` [1]ittle is known about the long-term health effects of ambient ultrafine particles... including their association with respiratory disease."'165 158,, Aviation 56"Aviation Emissions Impact Ambient Ultrafine Particle Concentrations in the Greater Boston Area" by N. Hudda, M. C. Simon, W. Zamore, D. Brugge, and J.L. Durant (Environ. Sci. Technology., 2016, 50 (16), pp 8514- 8521); https://pubs.acs.orgJdoi/full/I0.1021/acs.est.6b0I8I5 Former Task Force member Kristin Yodock, Ph.D. provided this reference. 159 Abstract of Id.; https://pubs.acs.orgldoi/full/10.102I/acs.est.6b01815 160 Id. 161 "Ultrafine Particles Near Airports" (March 28, 2018) at Slide 12. 162 Id. at Slide 13. 163 ,Ultrafine Particles Near Airports" (November 15, 2017) at Slide 25. 164 Id. at Slide 26. 165 Id. (quoting Abstract of "Long-term exposure to ambient ultrafine particles and respiratory disease incidence in in [sic] Toronto, Canada: a cohort study" by Scott Weichenthal, Li Bai, Marianne Hatzopoulou, Keith Van Ryswyk, Jeffrey C. Kwong, Michael Jerrett, Aaron van Donkelaar, Randall V. Martin, Richard T. Burnett, Hong Lu, and Hong Chen (Environmental Health (2017) 16:64)) 48 • Another Canadian study released in 2017 found a "[p]ositive association ... between UFP and prostate cancer. ,166 The abstract for this study stated as "[b]ackground" that "epidemiological studies ha[d] yet to evaluate the relationship between UFPs and cancer incidence." 167 Another Canadian study released in 2017 found a "[w]eak, non-significant association between UFP and breast cancer." 168 Other recent studies have "[s]uggest[ed] [a]cute [h]ealth [e]ffects in [s]usceptible [p]opulations."169 For instance: • A North Carolina study released in 2014 found that "`[c]ontrolled [e]xposure of [h]umans with [m]etabolic [s]yndrome to [c]oncentrated [u]ltrafine [a]mbient [p]articulate [m]atter [c]auses [c]ardiovascular [e]ffects."'170 • A study released in 2015 found that in diabetic individuals, "[e]levated particle number concentrations induce immediate changes in heart rate variability." 171 Finally, the only airport- related study on the health effects of UFPs known to the scientists working on the University of Washington study was "conducted in Los Angeles on a group of asthmatic adults" and "observed an increase in inflammatory blood markers and a reduction in lung function with short-term exposures." 172 In 2017, Congressman Adam Smith introduced a bill that would have required the FAA to 166 Id. at Slide 27. 167 Id.(quoting Abstract of "Spatial variations in ambient ultrafine particle concentrations and the risk of incident prostate cancer: A case -control study" by Scott Weichenthal, Eric Lavigne, Marie -France Valois, Marianne Hatzopolou, Keith Van Ryswyk, Maryam Shekarrizfard, Paul J. Villeneuve, Mark S. Goldberg, and Marie -Elise Parent (Environmental Research 156 (2017) 374-380)) 168 Id. at Slide 28. 169 Id. at Slide 30. 170 Id. (quoting oting "Controlled Exposure of Humans with Metabolic Syndrome to Concentrated Ultrafine Ambient Particulate Matter Causes Cardiovascular Effects" by Robert B. Devlin, Candice B. Smith, Michael T. Schmitt, Ana G. Rappold, Alan Hinderliter, Don Graff, and Martha Sue Carraway (Toxicol_ogicaI Sciences 140(1), 61-72 2014)) 171 Id. ( uq oting "Elevated particle number concentrations induce immediate changes in heart rate variability: a panel study in individuals with impaired glucose metabolism or diabetes" by Annette Peters, Regina Hampel, Josef Cyrys, Susanne Breitner, Uta Geruschkat, Ute Kraus, Wojciech Zareba, and Alexandra Schneider (Particle and Fiber Toxicolo>;y (2015) 12:7)) 172 ,Ultrafine Particles Near Airports" (March 28, 2018) at Slide 13. 49 conduct a study that— (1) includes a review of the results of previous studies on ultrafine particles in the air, including the health impacts of such particles; (2) for each of the 20 largest airports in the United States ... analyzes and evaluates with respect to the communities surrounding, near, and impacted by airport -generated air traffic— (A) the ultrafine particles present in the air; (B) the characteristics of such particles; (C) the spatial distribution patterns and concentration of such particles; (D) the primary sources of such particles; (E) the contributions made by aircraft to such particles relative to other primary sources; (F) the health impacts of such particles, including with respect to heart and lung diseases, asthma rates, nervous system disorders, and any other impacts observed in or suggested by previous studies reviewed under paragraph (1); and (G) disproportionate rates of exposure, risks, and other negative impacts on communities of color, economically insecure residents, vulnerable groups, and disparately impacted communities; and (3) analyze the impacts of mitigation options, emission reductions, and the increased use of aviation biofuels with, or in place of, commonly used petroleum-based aviation fuels on— (A) ultrafine particles in the air surrounding airports; and (B) human health. "' This bill has not moved forward in the current Congress, but Congressman Smith will introduce it again in the next Congress if necessary. 173 Bill introduced by Congressman Adam Smith (D -WA) on October 19, 2017. On September 21, 2017, Congressman Smith met with City of Federal Way Mayor Jim Ferrell and John Resing, then Chair of the Mayor's Quiet and Healthy Skies Task Force, about this bill. Congressman Smith included at least one change to the bill requested by Mayor Ferrell and Mr. Resing in the bill's final version. 50 Also, the State of Washington budget proviso funding the University of Washington study on ultrafine particles mandates that at its conclusion, "the university must report study findings, including any gaps and uncertainties in health information associated with ultrafine particulate matter, and recommend to the legislature whether sufficient information is available to proceed with a second phase of the study." 174 This "second phase" will be on the health effects of UFPs.175 In a March 20, 2018 meeting with residents of the Marine Hills neighborhood, State Rep. Mike Pellicciotti stated that he intended to introduce a bill to fund this "second phase" in the next legislative session. Despite the emerging evidence, there do not (yet) appear to be any official environmental standards with respect to UFPs. 176 In a presentation to the Highline Forum, Port of Seattle Aviation Environmental Sustainability Manager Leslie Stanton stated that the existing standards are for "fine" particles that are still small, but larger than ultrafine particles! 77 Fine particles are under 2.5 microns (millionths of meters) in diameter. 178 Stanton confirmed that "UFP studies from L[os] A[ngeles], Atlanta and other airports show UFPs from airports." 179 While she claimed that there is "[n]o clear connection between exposure levels [of UFPs] and adverse health impacts," she mentioned that "UFPs penetrate deep into the lungs" and that the "[e]merging literature suggests health impacts similar to PM 2.5 [fine particulate matter]," which is regulated and has been found to "[c]ause direct adverse health effects in humans." 180 Finally, she stated that the Port is using "[e]xisting studies," "[t]racking emerging science [of] Ultrafine particulates (UFPs)," and "[s]trongly support[ing] additional research into exposures and health impacts of UFPs," including the University of Washington study. 181 174 Budget Proviso contained in Washington State Operating Budget passed by the State Legislature in 2017. 175 Confirmed in person to Senior Policy Advisor Yarden Weidenfeld by Port of Seattle Capital Project Delivery Director Clare Gallagher on July 16, 2018. 176 See, eR.., "EPA will consider whether to propose ultrafine particle air quality standard" by Baker & Hostetler LLP — Justin J. Schwab (April 27, 2014) stating that ""[r]ecent comments by EPA officials suggest that the agency will consider whether it should, for the first time, set a standard for `ultrafine' particles when it reviews its particulate matter national ambient air quality standard (`NAAQS') under the Clean Air Act" (emphasis added); httr)s://www.lexotogv.com/librarv/detail.ast)x?L---90 ted86c-2932-4852-8aa8-7dfOb5b69152 17 Oral Presentation of Port of Seattle Aviation Environmental Sustainability Manager Leslie Stanton at July 26, 2017 meeting of Highline Forum at Seatac City Hall. 178 "Ultrafine Particles Near Airports" (November 15, 2017) at Slide 5. 179 Oral Presentation of Port of Seattle Aviation Environmental Sustainability Manager at July 26, 2017 meeting of Highline Forum at Seatac City Hall (uq_otin"Air Quality Initiatives at Sea -Tac Airport" by Stanton (Power Point presentation) at Slide 12) 180 Id. (quoting "Air Quality Initiatives at Sea -Tac Airport" at Slides 5 and 12) 181 Id. ( uq oting "Air Quality Initiatives at Sea -Tac Airport" at Slides 3 and 16) 51 d. Recommendations So where does that leave us? At this point, the following are the recommendations for the City of Federal Way: 1. Once the current University of Washington study on the levels of UFPs in areas impacted by Sea -Tac International Airport is completed, support the "second phase" of that study on the health effects of such UFPs. 2. Re-engage with Congressman Adam Smith to support his continued efforts to get passed a bill that would mandate a federal study on the health effects of UFPs. 3. Encourage Port of Seattle officials to continue supporting additional research into the relationship between UFPs and aircraft and into the health effects of UFPs. 4. Ensure that scoping on the Sustainable Airport Master Plan (SAMP) includes an examination of UFPs (as well as other emissions/pollution, general health and quality of life issues) and the need for mitigation of such through, for example, increased use of biofuels. In support of this recommendation, the following points must be made: a. In her July 26, 2017 presentation to the Highline Forum, Port of Seattle Aviation Environmental Sustainability Manager Leslie Stanton noted that "[p]ublished research since 2015 shows significant reductions in PM [particulate matter] from aviation biofuels" and that the Port intended to "[c]ontinue to track research on PM reductions from biofuels."112 She also stated that between 2008 and 2014, the Port [s]upport[ed] research & development" on biofuels and "[c]hart[ed] a path to commercial scale biofuels". 1 83 Between 2015 and the present, she said that the Port has "[i]ncentivize[d] biofuel production in WA[shington]."1aa b. In a summer 2017 conversation that City of Federal Way Senior Policy Advisor Yarden F. Weidenfeld had with a Port of Seattle official, Weidenfeld was specifically told, without prompting, that ultra -fine particles (UFPs) could be an item of interest offered by the City of Federal Way during the scoping process. c. Although there do not appear to be environmental health official standards on UFPs, that does not necessarily preclude an examination of their prevalence, potential harm, and mitigation. This should be done through analysis in the SAMP Environmental Impact Statement (EIS). As an example, as noted 182 Id. ( ug_ oting "Air Quality Initiatives at Sea -Tac Airport" at Slides 15 and 16) 183 Id.(quoting "Air Quality Initiatives at Sea -Tac Airport" at Slide 11) lea Id. 52 above, the United States Court of Appeals for the Second Circuit once upheld a requirement that heliport operations be reduced by 47 percent, even though that percentage "was not backed by any study reflecting the appropriate scenario or demonstrating that such specific percentage of noise reduction was the ideal" because "the proprietor was entitled to eliminate a portion of the Heliport's operations upon reaching a conclusion that a problem of excessive noise existed." 185 VI. ENVIRONMENTAL REVIEW OF SUSTAINABLE AIRPORT MASTER PLAN (SAMP) a. Introduction and Section Overview In June 2018 the Port of Seattle publicly released an updated, final version of its latest long-range airport development plan, called the Sustainable Airport Master Plan (SAMP)."' The purpose of this planning document, which the Federal Aviation Administration (FAA) requested to be prepared and grant -funded, is to identify additional airport facilities and airspace needed to accommodate its forecast of "unconstrained" passenger and air cargo demand at Sea - Tac International Airport (Sea -Tac) over the next twenty years. The final SAMP projects an increase in annual passengers handled from 46.9 million last year, to 56 million by 2027, and further increasing to 66 million by 2034. To accommodate that forecasted passenger growth in the near-term, within flight operation delay time -frames acceptable to the FAA, the SAMP proposes construction of a second passenger terminal containing nineteen gates, taxiway extensions, additional air cargo facilities, and approximately thirty other infrastructure projects to be completed in nine years. Before the Port of Seattle can consider approval and begin to implement the improvement projects proposed in the SAMP, their impact on human health and the environment must be analyzed under applicable federal and state laws. Due to the potential significant impact of these thirty so-called near-term projects, Port staff announced a 60 -day public "scoping" period for preparation of a detailed SAMP draft environmental impact statement (EIS) that will commence on July 30, 2018. Port staff further estimated that the entire EIS process will take 18 months to 185 Nat'l Helicopter Corp. of Am. v. Cily of New York, 137 F.3d 81, 90 (2nd Cir. 1998) 186 Per February, 4, 2018 SAMP Update Memorandum prepared by Port of Seattle staff for February 13, 2018 Port Commission Special Meeting, the final SAMP document was supposed to have been publicly released in April 2018. Subsequently, Port environmental staff advised the City of Federal Way Mayor's office that the SAMP planning process would end (and, presumably, the actual SAMP document would be released) once the Federal Aviation Administration (FAA) informally "signed off' on its adequacy. Thereafter, Port staff advised that they expected to issue a State Environmental Policy Act (SEPA) "threshold determination" that full environmental review is required, and that the 30 -day -minimum SEPA/NEPA (National Environmental Policy Act) public "scoping period" on key issues to be analyzed in the draft Environmental Impact Statement (EIS) would begin. On May 30, 2018, the Port held the first of three scheduled public open house meetings to present a "high level" overview of the final SAMP document and SEPA/NEPA scoping process, with the EIS scoping period expected to begin on July 30, 2018. 53 complete. 187 Importantly, as will be discussed in a later subsection, the SAMP's long-term vision declares as "not ripe" for current environmental analysis the more than twenty additional Sea -Tac infrastructure improvement projects allegedly required to accommodate the 66 million per year unconstrained passenger forecast by 2034 within the FAA's acceptable operational delay standard for aircraft movement. For many years, Federal Way residents have expressed quality -of -life concerns about Sea-Tac's overflight impacts. Residents are especially aggrieved by a perceived betrayal by the Port over its declared purpose in creating a third runway ten years ago. More recently, Federal Way residents have been vocal about the greater than one-third increase in aircraft overflights during just the past three years and constant use of the third runway that the Port promised was for use only during inclement weather. Previous release of the proposed SAMP has raised Federal Way residents' fears even more over even greater noise and health impacts in future years, as the SAMP document lays out plans to maximize operational capacity of Sea -Tac on a 24/7 basis. Thus, it is absolutely essential that the City of Federal Way proactively and assertively use all means at its disposal to hold the Port to a complete, objective and thorough environmental review process of its final, proposed SAMP. This means that the Port should be required to include full and meaningful mitigation of noise and health impacts on Federal Way residents from any projects that follow approval of the SAMP. In short, this time, the City of Federal Way needs to not just "play the game" by the Port's and FAA's customary environmental impact analysis standards in drafting of the SAMP EIS. Instead, the City should seek changes to those standards, in order to more reasonably balance the Port's ultimate policy decision on the SAMP so as to ensure airport -impacted Federal Way residents are fairly treated in that process. This section of the Task Force report will briefly summarize the decision-making process for impacts analysis required by Washington's State Environmental Policy Act (SEPA) and the federal National Environmental Policy Act (NEPA). It will also describe the controversial decision-making history, flawed environmental impacts analysis and "lessons learned" in connection with the Port's Sea -Tac Third Runway Project in the 1990s. Those highlights will show that the Port (and its FAA partner) failed to conduct a fair and impartial SEPA/NEPA analysis and did not even consider mitigating the Project's significant impacts on Federal Way residents. Finally, this section of the report will make specific recommendations the City should pursue to ensure that the final SAMP, and the near- and long-term projects identified therein, are properly analyzed and fully mitigated through the SEPA process that the Port is legally obligated to follow. It will also recommend various other avenues the City should pursue in seeking alternatives to Sea -Tac being the only regional airport accommodating future passenger and air cargo growth. 187 Although not in the final SAMP, Port staff estimated the total cost of proposed projects in a previous SAMP version at $15 billion. 54 b. The SEPA and NEPA Environmental Impact Review Process Under the Washington State Environmental Policy Act (SEPA)188 and its implementing rules, 189 every state agency and local government (e.g. Port of Seattle) acting as the SEPA "lead agency" must subject every "project proposal" (e.g. airport terminal building) or "non -project proposal" (e.g. airport master development plan) to an analysis of its potential impact on human health and the natural environment before such project or plan is approved by the responsible state or local governmental entity. SEPA allows a public entity to be lead agency on its own project and lays out a stepwise process for the lead agency to determine the type or level of environmental analysis that all proposed projects and plans should receive."" A key step in that process is the agency's "threshold determination" in initially evaluating the project or plan, i.e. whether or not a project or plan could result in one or more significant environmental impacts. 191 If so, the next step is to determine if those impacts can be reduced or mitigated to a level of "insignificance" and, if so, a Determination of Non -Significance (DNS) is prepared. If the identified impacts cannot be mitigated, then the lead agency must prepare an Environmental Impact Statement (EIS) that fully and objectively analyzes the potential impacts of the project or plan on specified elements of the natural environment and human health (e.g. noise, health hazards, air and water quality). The EIS process must: 1) assess short- and long- term, direct and indirect, and cumulative environmental impacts; 2) identify and analyze "no - action" and other feasible alternatives to the proposed project; 3) include opportunities for comment by the public; and 4) propose actions or measures to mitigate environmental impacts to a level of insignificance, where possible. Courts have interpreted SEPA as not requiring an EIS to identify mitigations for every adverse impact, and a lead agency may use its "substantive authority" to approve a project or plan in that circumstance. Congress passed the National Environmental Policy Act (NEPA) to ensure that the FAA and all other federal agencies evaluate the likely environmental consequences of a project or proposal before approving a federal permit or grant funds to a state or local agency. In general, NEPA requires all federal agencies to prepare an Environmental Assessment (EA), followed by a Finding of Non -Significant Impact (FONSI), if the project's potential adverse impacts are deemed insignificant (on a national scale), or an EIS if they are deemed potentially significant. For the latter, NEPA's full environmental analysis process is similar to SEPA. NEPA encourages integration of federal environmental impact review with a state or local government's own environmental analysis. For example, on the Third Runway Project, the Port and FAA acted as co -lead agencies, and prepared a combined EIS under both SEPA and NEPA. SEPA allows a 188 RCW Chapter 43.21C 189 WAC Chapter 197-11 190 See simplified diagram of that decision-making process in Exhibit A. 191 For purposes of making the threshold determination, SEPA defines "significant" as "a reasonable likelihood of more than a moderate adverse impact on environment quality," while noting that "[s]ignificance involves context and intensity ... and does not lend itself to a formula or quantifiable test. The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact." WAC 197-11-794 (1), (2). 55 state agency or local government to use an EIS or other NEPA documents, under certain circumstances, to meet its state environmental review requirements. 192 c. Short History of the Controversial Sea -Tac Third Runway Proiect193 In the late 1980s, regional planners, the Port, and the FAA concluded that Sea -Tac could reach its maximum operational capacity as early as the year 2000 and would need to add a third runway for bad -weather operations. During the early 1990s, the Puget Sound Regional Council (PSRC) conducted a "flight plan study" to analyze various alternatives to meet future airport capacity requirements within the Puget Sound region. Alternatives studied included the feasibility of a passenger "bullet" train to link Sea -Tac to the existing Moses Lake airfield and adding commercial operations at Paine Field and McChord AFB. Despite receiving opposition from communities and municipalities around Sea -Tac and Paine Field, the PSRC concluded in a 1993 report (and accompanying EIS) that future airport capacity needs would best be met by adding a "bad weather -dependent" third runway to Sea -Tac, adding passenger facilities at Paine Field, and constructing a new "supplemental airport" in Pierce or Thurston County. Through one of three expert panels it mandated to oversee its decision, the PSRC's subsequent review of potential sites for a supplemental airport ended without success. Because of major controversy regarding the PSRC's initial conclusions, the State Legislature passed a two-year moratorium on Sea -Tac expansion and directed the Washington Air Transportation Commission (AIRTRAC) to review Puget Sound's future airport capacity needs on a statewide basis. AIRTRAC found that the proposed Sea -Tac third runway alone would be inadequate for meeting that future need. However, AIRTRAC was unable to find feasible alternatives. The state's moratorium ended in 1994 without further action. Anticipating the ultimate outcome of the regional and state decision-making processes described above, the Port Commission decided in 1992 to begin moving forward with planning the proposed third runway project by preparing a Sea -Tac Master Plan Update and accompanying EIS. The Port attempted to mollify community concerns over the proposed third runway by forming a Technical Advisory Committee (TAC) of local officials and planners. Among several groups that organized to fight the proposed third runway, the newly -formed Airport Communities Coalition (ACC) decided to participate in the Port's TAC. The ACC was comprised of the Cities of Burien, Des Moines, Federal Way, Normandy Park, SeaTac and Tukwila, plus the Highline School District. After receiving extensive public comments and concerns from local community groups and the ACC on a jointly -prepared draft EIS (DEIS) that analyzed environmental impacts of the proposed third runway project, the Port and FAA approved a final EIS (FEIS) on the project in February 1996. Despite the project needing to acquire about 400 homes, to extend the airport 19z WAC 197-11-610 193 This section, in part, summarizes a 2003 detailed essay on this highly controversial project, entitled "Sea -Tac International Airport: Third Runway Project" by Walt Crowley. See http://www.historylink.orgLFile/4211 56 plateau into a wetlands area on top of 17 million cubic yards of fill earth, and to construct retaining walls averaging as high as 74 feet, the FEIS concluded that all of its short- and long- term impacts could be fully mitigated through sensitive design and wetlands mitigation. The next month, a second, PSRC-mandated expert panel concluded that the FEIS "had not shown a reduction in real, on -the -ground noise impacts sufficient to meet the noise reduction condition" in the PSRC's 1993 contingent approval action. Despite the panel's conclusion, the PSRC decided noise impacts were sufficiently mitigated and officially added the third runway project to the federally -mandated Regional Transportation Plan (which qualified it for future federal funding) in July 1996. The next month, the Port approved the FEIS, adopted the updated Airport Master Plan, and authorized final design, permitting, and property acquisition for an 8,500 -foot third runway to be located 1,700 feet westerly of the closest of the two existing runways.' 94 d. City of Federal Way's Involvement in Opposing the Third Runway and its Flawed EIS During public comment received on the draft EIS (DEIS) for the Master Plan Update and its proposed third runway project, former Federal Way City Council members Jack Dovey, Hope Elder, Mary Gates and Skip Priest submitted written and oral testimony. Among key points made in the Council Members' comments were the fact that there was "not one word" in the DEIS regarding the adverse impacts of the proposed third runway on Federal Way residents, including additional noise, health impacts, increased traffic congestion, and decline in property values. In fact, their testimony noted that the geographic area around Sea -Tac that was analyzed in the DEIS for noise totally excluded Federal Way. 195 Following the Port's and FAA's 1996 approval of the final EIS (FEIS), the City of Federal Way and the other member entities in the Airport Communities Coalition (ACC) retained a Washington, DC law firm to file suit against the Third Runway Project. According to recent comments to a Task Force member by then -City Attorney Londi Lindell, the lawsuit resulted in the Port and FAA deciding to prepare a supplemental EIS (SEIS), on which additional 194 This FEIS was jointly prepared by the Port and FAA, in order to meet their respective obligations to analyze the environmental impacts of the updated Airport Master Plan's proposed third runway project, under state SEPA and federal NEPA requirements. 195 The DEIS analyzed estimated noise impacts resulting from the third runway project only within the parabola - shaped boundary of the Port's existing FAA -approved "Part 150" noise abatement area (mostly in central Burien, surrounding Sea -Tac). Part 150 refers to the federal regulation implementing the Aviation Safety and Noise Abatement Act of 1979, under which the FAA provides grants to local airports for residential sound insulation and property acquisition within the designated noise abatement area. Part 150 planning involves use of an arbitrary and outdated standard for determining geographic areas within which noise in homes and sensitive public buildings (e.g. schools) is determined to be at levels "incompatible" with nearby airports. The Part 150 standard, called "65 Day - Night Average Sound Level" (or DNL) (also discussed in Section IIIi above), averages noise over 24 hours from aircraft overflights, other sources like cars, and even quiet periods. Thus, use of this arbitrary Part 150 standard excluded all areas in Federal Way where actual noise levels from low-flying aircraft far exceeded 65 decibels. This standard remains in use by the Port and FAA today. 57 public comments were solicited. Lindell recalls that the only tangible outcome of the lawsuit was additional noise and insulation mitigation for schools in the Highline School District. According to Lindell, most of the ACC jurisdictions ultimately withdrew from the lawsuit, suffering from "funding fatigue" over the fact that the Port and FAA were unwilling to consider further project mitigations. 196 Lindell further recalled that members of the Federal Way City Council were equally frustrated. Nevertheless, the Council decided to support community residents who would be impacted by the third runway by "going down fighting" and staying in the lawsuit until its ultimate dismissal by the court, which followed Port and FAA approval of the SEIS in May 1997. Lindell recalls that the City of Federal Way share of funding for the lawsuit was approximately $100,000. e. Lessons Learned from Unsuccessful Opposition to the 'Third Runway Pro4ect A century ago, iconic college football coach Knute Rockne famously said, "Build up your weaknesses until they become your strong points." Similarly, from our review of the standard, reaction -based approach that local cities and residents took in opposing the Sea -Tac Third Runway Project, the Task Force firmly believes that the City of Federal Way needs to develop a proactive, non-traditional strategy for successfully engaging the Port and FAA in their future decision-making processes on Sea -Tac expansion plans. Our close examination of the Third Runway FEIS official record provides useful insights for predicting noise, health and other environmental impacts on Federal Way residents that the upcoming SAMP draft EIS may be unlikely to fairly and fully analyze as it relates to our city. To illustrate this point, here are some key passages in Airport Communities Coalition comments submitted on the third runway Final EIS (FEIS) and draft Supplemental EIS (DSEIS) that relate directly to Federal Way's noise/health impact concerns: • Regarding the written comment submitted that the FEIS fails to analyze the impact of aircraft particulates, the FEIS written response states that "detailed consideration was given to particulate emissions, as measured by PM 10 [particulate matter 10 microns in diameter or smaller 197], from construction activities. ... The FAA and EPA have not updated the particulate data because no reliable data on aircraft particulate emissions is available to incorporate into the [air quality] model [used in FEIS].99198 • The FEIS contains contradictory statements regarding the Port's proposed use of the third runway (allegedly to prevent aircraft landing delays during inclement weather due to inadequate runway separation between existing runways). Based on a quoted letter from "Mr. Wall of the FAA," "`dual arrival streams will be used whenever the volume of 196 The City of Seatac settled with the Port by entering into a separately negotiated interlocal agreement in 1997 that contained airport expansion mitigations and concessions for that city. 197 Definition from "Particulate Matter (PM 10) Trends—National Trends in PM 10 Levels" (published by United States Environmental Protection Agency) at https://www.0a.g_ov/air-trends/particulate-matter-pmIO-trends 198 Response to Comments on FEIS at page F-78 58 [aircraft] traffic dictates this. This will be true in nearly all weather conditions."' 199 But "Mr. Wall of the FAA" is also quoted as stating that "... for the purpose of environmental analyses and costibenefit studies, certain assumptions were developed and used [i.e., in FEIS]. Those assumptions reflect our opinion on how Sea -Tac will operate with three runways .,,200 Thus, it appears that for purposes of the FEIS analysis, it was assumed that the third runway would only operate during inclement weather, even though Mr. Wall's letter states that "dual arrival streams" (i.e. the first and third runways used for simultaneous landings) will occur whenever the FAA control tower decides the volume of aircraft traffic so dictates. • A comment on the DSEIS includes the observations that the DSEIS "only depicts noise contours for approximately 474,000 [annual aircraft] operations" and that "it would be more relevant to compare [then current] 1997 noise contours with the noise contours associated with 630,000 annual operations — the maximum capacity of the proposed Airport expansion [in the Master Plan Update]. Such a comparison would expose the fallacy of the DSEIS' assertion that future noise exposure would be less than current operations." 201 The above -quoted comments and responses related to the Third Runway EIS clearly show the biased and inadequate environmental impact analysis conducted by the Port and FAA. Although its future impacts were analyzed assuming inclement weather use only, the Third Runway Project was environmentally "cleared" without operational restriction. Due to passenger demand in the ensuing years and lack of identified mitigations for the additional noise and health effects from unfettered third runway usage, the City of Federal Way and its impacted residents have learned a painful lesson having "played by the rules" during the Port's and FAA's joint environmental impact process. f. Initial Review of Final Sea -Tac Sustainable Airport Master Plan Port staff publicly summarized and announced the release of the final SAMP on May 30, 2018. This document appears to consist of an Executive Summary and nine Technical Memoranda, all of which are available on the following Port webpage (except for an "Airport Layout Plan" that the FAA apparently has not yet approved): httys://www.portseattle.orlans/sustainable-ai ort -master- lan-s4m . Sea -Tac reported a total of 412,170 aircraft operations 202 (all departing and arriving commercial, cargo, general aviation, and military flights) during 2016, a one-third increase in its reported totals over the three previous years. SAMP documents show a 7.4% increase in total 199 Id. at page F-106 200 Id. 201 Comments on DSEIS at page G-397 202 "Noise Programs & NextGen Briefing" (Port of Seattle Power Point Presentation at May 24, 2017 meeting of Highline Forum held in Sea -Tac International Airport Conference Center) at Slide 4. 59 operations from 2013 to 2014, which seems consistent with the actual growth trend during this three-year period .203 However, the SAMP forecasts a significant drop in the annual percentage growth of future annual aircraft operations and is surprisingly outdated by showing 2014 as the last "historical" year: 3.2% from 2014 to 2019; 2.4% 2019-2024; 2.1% 2024- 2029; and 1.7% 2029-2034.204 This aircraft growth rate drop-off is explained by increased load rates (i.e. average percentage of commercial aircraft seats that are occupied) and larger planes. However, the forecasts contain acknowledgments that "[i]nevitably, some of the assumptions ... will not be realized" and that "there are likely to be differences between the forecast and actual results, and those differences may be material ."205 Since forecasted flight activity will be a key factor for many aspects of the SAMP EIS, an underestimated growth forecast would result in under - analyzed environmental impacts of its proposed projects. This fear is magnified by the fact that the SAMP projections show 398,210 operations in 2019, a number that, as indicated above, was already exceeded in 2016!2°6 The SAMP documents identify the environmental impact categories to be analyzed in the draft EIS, including air quality and noise, prior to the Port undertaking proposed construction of a new terminal and its other near-term improvement projects needed to meet 2027 forecasted demand .207 Ominously, however, the SAMP goes on to state that Sea -Tac currently meets federal, state and regional air quality standards for fine particulates (PM 2.5),208 despite aircraft engines currently pumping 13 tons of PM 2.5 into the air each year. It also fails to mention the state -funded University of Washington Environmental Health Department study currently underway to inventory ultra -fine particulates (UFPs) that continually fall on tens of thousands of Federal Way and other residents in the FAA's "sacrificial" flight corridor for Sea -Tac. Equally ominous but expected, is the SAMP's reference only to noise impact mitigation defined by the 65 -decibel day -night noise (DNL) exposure standard used to determine the latest Part 150 Noise Compatibility study area boundary, despite its acknowledgment that a subsequent noise impact analysis in 2016 prepared for the SAMP showed the impacted area being larger than the Part 150 study boundary due to "growth in aircraft activity occurring notably faster than predicted [in that study]."209 Finally, and most significantly, the SAMP documents state that the Sea -Tac airfield/airspace system has "insufficient capacity to meet the unconstrained 20 -year forecast los «Forecasts of Aviation Activity" (Technical Memorandum No. 4 at Page 6-24 (Table 6-8)) 204 Id. las Id. 206 Id.; "Noise Programs & NextGen Briefing" (Port of Seattle Power Point Presentation at May 24, 2017 meeting of Highline Foram held in Sea -Tac International Airport Conference Center) at Slide 4. 207 "Environmental Overview" (Technical Memorandum No. 8) 208 Id. at Page 2-1 209 Id. at Page 2-12. demand. "210 The documents do contain a Long -Term Vision that would satisfy the SAMP 2034 forecasted demand by describing an operationally efficient airport layout, which would be achieved by twenty specific airport expansion and redevelopment improvement projects that it details (in addition to the SAMP's 30 Near -Term projects) .21 1 However, SAMP documents go on to state that these "longer -range projects are not ripe for conducting detailed environmental impact analysis" and that "[o]nce those projects are ripe for review, the Port will be required to comply with NEPA and SEPA."212 This truncated approach to undertaking the required SAMP environmental impact analysis may violate SEPA's "phased review" prohibition against "merely divid[ing] a larger system into exempted fragments or avoid[ing] discussion of cumulative impacts."213 "A cumulative impact analysis need occur only when there is some evidence that the project under review will facilitate future action that will result in additional impacts."214 But when "[t]he project's cumulative impacts are merely `speculative'," they "need not be considered." -15 Also, a cumulative impact argument requires a demonstration "that the project is dependent on subsequent proposed development."216 "`An EIS need not cover subsequent phases if the initial phase under construction is substantially independent of the subsequent ... phases, and the project would be constructed without regard to future developments. ,9,217 218 Here, the SAMP documents state that after the SAMP is completed, "[t]he Port and the FAA have committed to scoping" a further analysis of airfield/airspace constraints to implementing the SAMP long-term vision projects needed to meet 2034 forecasted demand.219 Clearly, the subsequent proposed long-term vision improvement projects are not speculative in nature. The short-term projects will facilitate the long-term projects. The long-term projects are dependent upon the completion of the short-term projects. They are substantially related to each other as part of one unified vision. Thus, excluding the long-term vision projects from the scope 210 SAMP Executive Summary at Page 5-12. 211 "Facilities Implementation and Financial Feasibility" (Technical Memorandum No. 7) at Pages 6-1 — 6-4 212 "Environmental Overview" (Technical Memorandum No. 8) at Page 1-2. 213 WAC 197-11-060(5)(d)(ii) 214 Boehm v. City of Vancouver, 111 Wn. App. 711, 720 (2002). 215 Id. 216 Id. 21 Id. ( ua oting SEAPC v. Cammack II Orchards, 49 Wn. App. 609, 614-615 (1987)) 218 A subsequent case cites Boehm while appearing to say the opposite, i.e., that cumulative impacts analysis is only required when the subsequent project is dependent on the proposed project. Gebbers v. Okanogan County Pub. Utii. Dist. No. 1, 144 Wn. App. 371, 386 (2008) ("When ... any future project is not dependent on the proposed action, no cumulative impacts analysis is required.") 219 SAMP Executive Summary at Page 5-12. 61 of the SAMP draft EIS may violate the legal precedent for required cumulative impact analysis. g. Recommendations Given what transpired with the Third Runway environmental review process, coupled with the initial deficiencies in the SAMP documentation, both of which are described above, the City of Federal Way needs to be prepared well in advance for the likely prospect that the Port and its FAA partner may take a similarly problematic analytical approach in the SAMP EIS. The City should therefore obtain the capacity to produce technical data needed to refute unsupported EIS conclusions regarding aircraft noise and health impacts. The City should also strive for the creation of alternative, objective standards that measure actual noise, and available empirical data on current and potential health impacts, in order to counter the non-objective standards and outdated information the Port and FAA are likely to use in the SAMP draft EIS."' Without convincing technical data and reference to alternative standards in its comments, the City can expect the type of inadequate responses that it received on the Third Runway EIS. Finally, the City should continue to advocate for state and federal legislation aimed at raising airport -related environmental impact standards; take advantage of local partnership opportunities to fund the technical capacity required to effectively engage in the SAMP environmental review process; and actively support actions by other entities that may produce valuable overflight impact data and meaningful alternatives to Sea -Tac expansion. In the absence of an aggressive, proactive strategy on the City's part, the SAMP EIS is unlikely to identify mitigations for the intolerable increase in noise and health impacts on Federal Way residents that the proposed Sea -Tac airport expansion inevitably will create. The following are specific policy actions that the Task Force recommends the Mayor propose for City Council consideration in connection with the SAMP environmental review process: 1. Closely monitor, and advocate for Federal Way's interests, in connection with the activities and recommendations of the Port Commission's newly formed Regional Airport Capacity/SAMP Committee. Its members are Commissioners Stephanie Bowman and Peter Steinbrueck. Along with their Commission colleagues Courtney Gregoire, Fred Felleman and Ryan Calkins, they all have publicly declared as "unrealistic and unattainable," due to traffic congestion and noise/health impacts, the expansion of Sea -Tac to accommodate the SAMP's 66 million per year passenger demand projection. 220 For example, the state -funded, ACC -managed 1997 Sea -Tac International AilRort Impact Mitigation Study used "single -event noise levels" (SELs) as the measure of actual overflight noise to determine geographic areas requiring mitigation, rather than the 65 DNL standard used by the Port and FAA in the third runway EIS. As discussed in Section IIa above, the study recommended funding $148.1 million in mitigation for noise and/or vibration for eight Federal Way neighborhoods (as well as neighborhoods in other impacted cities) that were excluded from mitigation of future flight track impacts identified in the third runway EIS. As an alternative mitigation method, the study also stated that modified arrival/departure procedures would avoid direct overflights of those neighborhoods. 62 The City should encourage and support the current Port Commission's prospective efforts to explore alternative airport locations in the region and state, in order to help meet future passenger and air cargo demand within the Puget Sound region. 2. Support, closely monitor and advocate for Federal Way's interests during and after the PSRC's Central Puget Sound Regional Aviation Baseline Study, requested and funded by the FAA, which will analyze the potential capacity of regional airspace and airports in King, Kitsap, Pierce, and Snohomish counties to meet future air travel and cargo demand generated by those counties. 221 Following informal recommendation of the Task Force, prior to submission of this report, City of Federal Way Mayor Jim Ferrell voted to support this proposed regional aviation baseline study that was approved at the February 22, 2018 PSRC executive board meeting. Importantly, at Mayor Ferrell's urging, additional language was added to the study's scope of work specifically referencing impacts on communities surrounding Sea -Tac and other airports, as well as the region's current capacity ("landside and airside") to absorb future growth .222 Once this study is completed, the City of Federal Way should support the siting of a new regional airport. 3. Actively support State Rep. Mike Pellicciotti's plan to reintroduce an aircraft noise abatement bill amending RCW 53.54.020 and .030 during the 2019 legislative session. Introduced at the City's request during the 2018 regular session of the State Legislature, HB 2497 proposed to amend existing state aircraft noise abatement law affecting Sea -Tac. Specifically, this amendment would enlarge the current geographic area within which the Port is authorized to operate an airport noise abatement program, by extending its reach from the current six miles south of Sea -Tac, to 12 miles south into Federal Way. Although HB 2497 was not passed during the abbreviated 2018 legislative session, Rep. Pellicciotti has committed to reintroduce similar legislation next year and seeks needed co-sponsors in the interim. The City should rally local support for this bill and actively lead the lobbying effort that will be needed to help ensure its passage. 4. Engage the technical and legal expertise needed for analysis and response to the forthcoming SAMP DEIS, possibly by joining the other four airport -impacted cities that plan to collectively engage. The Task Force strongly believes that the City will need to engage outside technical and legal experts with experience analyzing the environmental impact of major airport expansion plans in order to thoroughly review the SAMP Draft EIS (DEIS), which is likely to be hundreds of pages in length. That expertise will be needed to identify and compile written comments related to potential factual flaws, inadequately supported conclusions, and unanswered questions in the DEIS regarding potential future noise and health impacts. Those comments must be submitted within a 30 -day period following release of the DEIS, should the Port allow only the minimum response period provided for under SEPA. A combined and coordinated zzi See July 19, 2018 PSRC Staff Memorandum and Scope of Work Summary in July 26, 2018 PSRC Executive Board meeting packet (Pages 52-56); http:llpsrewa.igm2.com/Citizens/File0on.aspx?Type=1 &ID=1649&Inline=True 222 Id. 63 response to the DEIS potentially will be more persuasive to the Port and FAA and is also a more cost-effective method for the City of Federal Way and the other impacted cities to engage in the SAMP environmental review process. Unfortunately, the $1.50 per capita funding formula in the Inter -local Agreement (ILA) recently entered into by the Cities of Burien, Des Moines, Normandy Park and SeaTac would disproportionately affect the City of Federal Way.223 However, the ILA states that this formula applies only to initial funding of a joint effort, so the City of Federal Way could mitigate this financial disadvantage by seeking to negotiate a more equitable funding approach as a condition for joining the ILA. For example, the City could propose a funding formula that is based on the resident population of Federal Way neighborhoods identified for needed noise mitigation in the 1997 Sea -Tac airport impacts study. Also, it is vital that consultants with the proper technical and legal expertise be engaged. If this is not the case with the experts hired by the four airport -impacted cities, the City of Federal Way may have to retain its own. S. Support the State of Washington study of current Sea -Tac Airport impacts. The City of SeaTac has committed up to $250,000 toward a "baseline" analysis, to be conducted by the State of Washington Department of Commerce, "of both positive and negative community and economic impacts"224 on cities surrounding the airport, in order to equip those cities and community members with objective and relevant data prior to the Port's release of the draft SAMP EIS. The State Legislature approved a 2019 state operating budget "proviso" appropriation of $300,000 (sponsored by Rep. Mike Pellicciotti), to match an equal local funding amount. The proviso directs the State Department of Commerce to undertake and complete the study by December 2019. Under SEPA, the SAMP EIS must also compare baseline conditions against future impacts of proposed airport expansion projects. However, City of Seatac staff believes that the State study would more broadly quantify baseline conditions and current impacts than will the SAMP DEIS and would provide useful information with which to identify flaws and shortcomings in the Port's environmental impact analysis. Following the Task Force's informal recommendation to Mayor Ferrell and prior to submission of this report, the Federal Way City Council unanimously approved Resolution 18-735 endorsing the proposed state impacts study. The Task Force further recommends and supports the City of Federal Way contributing a share of the funding. 6. Consider asking the Washington Department of Transportation or other appropriate state agency to request designation as the SEPA lead agency for preparation of the SAMP EIS. An independent lead agency would help ensure that the SAMP environmental impact analysis is impartial and objective. This alternative would require the Port to agree to transfer the lead agency responsibility to a state agency.225 Although not required, SEPA Guidelines encourage the two agencies to enter into a 223 See City of Burien City Council agenda report dated February 15, 2018 224 "The City of SeaTac 2018 Supplemental Operating Budget Proviso Request: Airport Impact Study" 225 WAC 197-11-942 ("Any agency may assume lead agency status if all agencies with jurisdiction agree.") 64 written agreement to avoid later confusion. This could be a comment submitted during the SAMP EIS scoping period. 7. Request the Port to underwrite the technical support needed by airport -impacted Federal Way community-based organizations to conduct their own review of and comment on the SAMP draft EIS. Although not provided for in SEPA, doing so has precedent in State law that governs the Washington Utilities and Transportation Commission (UTC). Specifically, the UTC is required to grant "intervener status" to any group or individual that can show it has a legitimate interest in the outcome of a utility rate case or other regulatory matter. Obviously, those neighborhoods in Federal Way that lie directly under the current Sea -Tac flight path and suffer from low-flying aircraft noise and health impacts have a legitimate interest in the outcome of the SAMP. 8. Form an Aviation Impacts Committee of the City Council to oversee implementation of the City's various policy actions and initiatives related to Sea -Tac existing operations and future growth. As described and proposed in this report, the City likely will be engaged in several simultaneous and politically challenging inter- governmental efforts to mitigate and limit the adverse effects on Federal Way residents of existing and future Sea -Tac overflights. While the Task Force acknowledges the Mayor's Office has primary responsibility for coordinating this effort, it is recommended that this important and complex responsibility be shared with the City Council. Thus, a three-member committee of the City Council should be formed to monitor implementation of City policies related to aircraft overflight impacts, to keep the full City Council apprised of the status of those efforts, to serve as a "sounding board" for concerns of residents in overflight -impacted neighborhoods, and to keep those residents and the entire community informed of the City's various efforts. Although the Port's SAMP implementation process and related inter -governmental initiatives are expected to take several years, the Task Force envisions this being an ad hoc (i.e. limited duration) City Council committee, during which time its members would hold regular public meetings as appropriate and needed. VII. MILITARY AIRCRAFT A. Discussion On December 7, 2017, City of Federal Way Mayor Jim Ferrell, Senior Policy Advisor Yarden F. Weidenfeld, Quiet and Healthy Skies Task Force (Former) Chair John Resing, and Quiet and Healthy Skies Task Force Member Britt Ohlig met at McChord Air Force Base with the leadership of the 62nd Airlift Wing (Wing Commander Col. Rebecca J. Sonkiss, Wing Vice Commander Col. Stephen P. Snelson, and Operations Group Commander Col. Mark S. Fuhrmann), as well as other leading officers. Roel A. van der Lugt, Director of Military Affairs & Senior Policy Advisor for United States Congressman Dennis Heck (WA -10), was also present. Christine Nhan, District Representative for Congressman Adam Smith (WA -9), participated by telephone. 65 Mayor Ferrell explained that exercises with C-17 military aircraft had, at times, impacted residential neighborhoods, such as Marine Hills, in Federal Way. Task Force member Britt Ohlig also pointed out that there were low and loud C-17 aircraft over Browns Point. It was also mentioned that military aircraft had been seen and heard as far as the Twin Lakes Neighborhood in Federal Way. Several months later, on April 4, 2018, residents in the Twin Lakes neighborhood contacted the City of Federal Way Mayor's Office stating that there were three low flying military planes right at their residence on the previous evening (April 3, 2018) at about 10:49 PM. They wrote that they "heard two passes one after another, then the third from a totally different direction, low and startling.... It was shockingly low, probably the lowest [they had] seen yet, and some have been low; the bright lights seemed to light up the area." They asked "why this is so necessary over a residential area when Puget Sound is over the hill ... and they could fly up/down it? Not good PR on their part." Several members of the Mayor's staff who live in the same neighborhood reported the same thing. 226 At the December 7, 2017 meeting, Col. Sonkiss emphasized that the Air Force wants to be good partners with the local community. She was happy to engage in conversations like this. However, she said that there are constraints on the air space, and the military aircraft have to land where they are aligned. She did say that Air Force traffic has decreased and will continue to decrease. Also, she said that the military aircraft do not operate on Visual Flight Rules (VFR) that far out. They are also not classified and should be visible in the Air Traffic Control System (though van der Lugt pointed out that there is a 15 -minute delay).227 Col. Snelson said that we would have to ask the controllers at Sea -Tac International Airport why they vector C-17 traffic over the Browns Point neighborhood since the military pilots do not choose to fly over Browns Point—they go where the controllers (from Sea -Tac Airport) direct them. Similarly, with respect to the April 4, 2018 complaint, Jason Waggoner, Chief of Public Affairs for the 62"d Airlift Wing, responded that "the 3 C-17 aircraft were conducting routine training and were flying under the direction of SEATAC air traffic control when they were directed to fly at 2,000 feet and onto the flight path that took them over Federal Way." Waggoner added that "the 62nd Airlift Wing is always conducting routine training and supporting world- wide humanitarian and contingency operations. Unfortunately, there are times when the aircraft are directed to fly over residential areas." The complainant did not accept this answer, replying that McChord has "many other flight paths available ... for training purposes" and that they should "use those routes and not fly over Federal Way anymore." "There is simply no reason for your planes to be flying where they were," the complainant continued, "which is why Sea Tac took control of these aircraft ...." 226 On Thursday, July 19, 2018, one of these City of Federal Way staff members again reported a low-flying military plane over Federal Way at 10:03 pm. 227 In an August 31, 2017 email to City of Federal Way Senior Policy Advisor Yarden F. Weidenfeld, however, Sea - Tac International Airport Noise Programs Manager Stan Shepherd claimed that "the FAA blocks all military and sensitive aircraft from [their] tracking system so [they] don't have any further information on it." On December 7, 2017, Col. Sonkiss also said that Moses Lake is their primary tactical location. They generally do not do tactical training at McChord. Following upon the December 7, 2017 meeting, John Norgren, Legislative Liaison & Community Relations at Joint Base Lewis-McChord (JBLM), contacted Weidenfeld by email on December 15, 2017 with the following information concerning issues with military aircraft noise and low flight complaints: • Community Information Line: (253) 967-0852 • E-MAIL: usarmYiblm.imcom.mbx.pao-public@mail.mil. • WEBSITE: http://www.lewis-mechord.anny.mil/pao/comrel.htmI Also, van der Lugt recommended contacting an FAA controller exclusively assigned to deal with military aircraft at Seattle TRACON (Terminal Radar Approach Control Facilities) at the northwest side of the airport. b. Recommendations At this point, the City of Federal Way should: 1. Publicize to its residents the above contact information for complaints with respect to military aircraft. 2. Follow up on the recommendation to contact an FAA controller exclusively assigned to deal with military aircraft at Seattle TRACON (Terminal Radar Approach Control Facilities) to further investigate why military planes are being directed over residential neighborhoods in or near Federal Way. Seek regular (annual?) meetings with 62nd Airlift Wing Command leadership to communicate issues of concern raised by residents. VIII. CONCLUSION The members of Mayor Ferrell's Quiet and Healthy Skies Task Force sincerely hope that this comprehensive report will aid the Mayor and City Council in making important decisions over the coming months and years regarding how to address the many ways in which air traffic is impacting the people of Federal Way. Task Force members stand ready to assist in any way they can. 67 Ex ',bit ,h Figure 1. SEPA REVIEW PROCESS Permit Application Received Or Agencv Proposal Initiated Review for Exemption Determine SEPA Lead Agency Evaluate Environmental Checklist Yes Issue DS/Scoping Notice (14-30 day review) Issue Draft EIS (30 day review) Issue Final EIS (7 day wait) Agency Decision Make Threshold Determination (Are significant impacts likely?) No Issue DNS (May have 14 day review) If DNS comment period, evaluate comments (retain, modify, or withdraw DNS) Agency Decision (unless DNS withdrawn) COUNCIL MEETING DATE: October 16,2018 ITEM#: 6b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION: CITY COUNCIL MENTORSHIP PROGRAM POLICY QUESTION: Should the City Council approve the Resolution for the City Council Mentorship program? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Jeri-Lynn Clark DEPT: City Council Attachments: Staff Report Resolution Federal Way Council Mentorship Application, Federal Way City Council High School Mentorship Program,Mentorship/Volunteer Guidelines,Mentorship Waiver Options Considered: Option 1 -Approve the resolution for a City Council Mentorship Program. Option 2—Do not approve the resolution for a City Council Mentorship Program. MAYOR'S RECOMMEND: ION: Option 1 MAYOR APPROVAL: V4 lv Sr Vic; /s DIRECTOR APPROVAL: Com ittee Council / Initial/Date / Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 16, 2018 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeri-Lynn Clark, City Council Executive Assistant SUBJECT: City Council Mentorship Program Financial Impacts: There will be no financial impact to the City of Federal Way. The Council mentorship program is an unpaid volunteer position. Background Information: Councilmember Johnson worked with Mayor Ferrell, Deputy Mayor Honda and staff regarding the formation of a City Council Mentorship program for Federal Way Public Schools juniors and seniors who are looking to pursue a career in government or discover a passion for government and learning how local municipalities work. Councilmember Johnson received approval to move forward from the Mayor and Deputy Mayor and he has been working with Federal Way Public Schools (FWPS) Superintendent Dr. Tammy Campbell and has support from the school district for this program. Scholars selected through an application and council interview process will receive community service credits to go towards their graduation requirements. Each Councilmember will mentor one mentee whose interests match the committees the Councilmember are on within the City and regionally. Councilmembers are not required to have a mentee,this is an optional program. Councilmembers will meet with their mentee once a week and the mentee will attend committee meetings and council meetings. The program will run January 1st through April 30th each calendar year. Rev.7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way,Washington establishing the Federal Way City Council Mentorship Program. WHEREAS, The City Council of Federal Way believes in accessible,equitable,and scholar- centered opportunities for youth to learn about city government and to share their ideas with their local elected officials; and WHEREAS,many city councilmembers,state and federal legislators,and senior policy staff began their careers as mentees in order to gain a better understanding of our democratic process and benefited from opportunities to create important networks while serving the community; and WHEREAS,a City Council Mentorship Program will create opportunities for high school- aged students in their junior and senior years to explore government-related careers through a unique experience while learning about local government; and WHEREAS,a City Council Mentorship Program will provide the City a new opportunity for the civic engagement of youth; and WHEREAS,such a mentorship program can be accomplished with current staffing and with no additional expenditure of City funds. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Federal Way City Council Mentorship Program is hereby created. The Executive Assistant to Council is directed to implement this program in consultation with individual members of Council,the Mayor's Office,and City staff.Participants in the mentorship program will be unpaid volunteers/mentees. Resolution No. 18- 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_. Resolution No. 18- Page 2 of 3 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 18- Page 3 of 3 CITY OF Federal Way City Council 33325 Eighth Avenue South • Federal Way, WA 98003 Phone 253-835-2401 • Fax 253-835-2409 www.cityoffederalway.col Application for City Council Mentorship Program "Federal Way Emerging Leaders" *AII Applications are DUE by 4PM on November 30, 2018 to Jeri-Lynn Clark* (see below for contact info) The Federal Way City Council High School Mentorship program is a part-time, unpaid volunteer leadership development mentee program for FWPS high school juniors and seniors from diverse racial, cultural and socio-economic backgrounds. The program is committed to uplifting scholar-interns by providing them with professional experience, essential leadership skills, and career pathways to positions of influence within the City of Federal Way. DATE: NAME: Last First M.I. ADDRESS: Street Address City Zip MAILING ADDRESS (if different): HOME PHONE: CELL/MOBILE PHONE: E-MAIL: SCHOOL: GRADE: HAVE YOU VOLUNTEERED FOR ANY OTHER CITIES, SCHOOLS, OR BUSINESSES? OYES ONO If "yes", please list: The City Council Mentorship program is for juniors and seniors in the Federal Way Public School District: Decatur HS, Federal Way HS, Thomas Jefferson HS, Todd Beamers HS, Truman HS and TAF Sagha/ie scholars. Participation in the Council Mentorship program meets FWPS Community Service Credit requirements. City Council Mentorship Program Application Wage Last Updated 10/2018 Expectations of CityCouncil Mentorship Program Participation Expectations: Term of mentorship is January 1, 2019-April 30, 2019. The scholar-mentee participate approximately 2-3 hours a week or 8-12 hours a month (must find own transportation) paired with a City Councilmember. Mentorship hours could include: • Attending City Council meetings, Committee meetings, and/or meetings with department staff.* • Working on customized projects or attending events • Participating on panels, roundtable discussions with Council leaders, and other activities. *Federal Way City Council High School Mentee will not attend meetings that have confidential information being shared during the meeting and attendance at meetings with staff will require prior approval. Please answer the questions below using following the guidelines and attach to the application: 500 word limit total, double spaced, 12 font, full justify. 1) What does it mean for you to be a part of the City Council Mentorship program? 2) How will this help your future goals? Other comments additional information for consideration: What are your areas of interest? ❑ Finance ❑ Human Services ❑ Public Safety 0 Parks & Recreation ❑ Planning & Development ❑ Regional Policies ❑Tourism ❑ Economic Development What are your computer skills? ❑ Word 0 Excel ❑ PowerPoint ❑ Social Media (Facebook, Twitter, Instagram) Please submit your application, resume,letter(s)of recommendation and completed application to: City of Federal Way Jeri-Lynn Clark 33325 8th Avenue South Federal Way, WA 98003 Applicants may contact Jeri-Lynn Clark at 253-835-2401 or Jeri-Lynn.Clark@citvoffederalway.com with any questions. City Council Mentorship Program Application 2 P a 9 e Last Updated 10/2018 Days and times available TIME MON TOES WED THURS FRI SAT SUN MORNING AFTERNOON EVENING Is there any condition that will interfere with performing the essential duties of the position? Yes No If yes, please describe In case of emergency please notify (Name and relationship) Phone number(s): Work: Cell: Home: PLEASE READ AND SIGN I grant full permission to use any photographs,videotapes, motion pictures, recordings, or any other record of this program for any purpose. I certify that all statements made in this application are true and complete. Signature: Date: Parent/Guardian signature for students under 18 years old: Signature: Date: Relationship: The City of Federal Way is an equal opportunity employer committed to a diverse workplace. For ADA accommodations,please advise the City of the need. For TDD relay service call 1-800-833-6384 or the three digit number 711. Both numbers are TDD and voice. City Council Mentorship Program Application 3 1 P a g e Last Updated 10/2018 Federal Way City Council High School Mentorship Program "Federal Way Emerging Leaders" Mission The Federal Way City Council High School Mentorship program is part-time, unpaid volunteer leadership development mentorship program for FWPS high school juniors and seniors from diverse racial, cultural and socio-economic backgrounds. The program is committed to uplifting scholar-mentees by providing them with professional experience, essential leadership skills, and career pathways to positions of influence within the City of Federal Way. Vision The Federal Way City Council High School Mentorship program is designed to provide high school juniors and seniors with meaningful professional experience to supplement and enhance their academic interests and career pursuits. Additionally, mentorships enable scholars to establish effective working relationships with professional staff, which may be beneficial to their future career development. Program Goals • Provide accessible, equitable and scholar-centered opportunities for scholar-mentees to learn about city government and to share their ideas with their local elected officials • Develop an opportunity for scholar-mentees to gain an understanding of our democratic process • Provide leadership development experience that helps scholar-mentees grow into positions of influence in government-related fields • Create opportunities for high-quality work experience to build resumes serving the community • Provide opportunities to develop valuable professional networks throughout the City Expectations of Mentorship Program Participation Expectations: The scholar-mentees participate approximately 2-3 hours a week or 8-12 hours a month (must find own transportation) paired with a City Councilmember. Mentorship hours could include: • Attending City Council meetings, Committee meetings, and/or meetings with department staff* • Participating on panels, roundtable discussions with Council leaders, and other activities and events. *Federal Way City Council High School Mentees will not attend meetings that have confidential information being shared during the meeting and attendance at meetings with staff will require prior approval. 1of5I Page Expectations of Councilmembers: • Meet with your Council Mentees at least once a week. • Invite them to your committee meetings and City Council meetings. Teach them the following: • How do you become a councilmember? o Do you have to be elected or can you be appointed? If yes, what are the differences to being appointed and elected? • What is a quorum? o Why is it important to make sure that you are not in a non-advertised quorum? • How do you run a public meetings effectively? o What are the rules or guidelines to follow? o What is the Open Public Meetings Act? • What are the steps to drafting and voting on a resolution and ordinance? o What are the differences between a resolution and an ordinance? • Conflict of Interest o What constitutes a conflict of interest? o What should one do if a conflict of interest arises? • Public Records o What is considered a public record? o What are the rules for responding to public records? • What is the structure of city government? • What makes a good councilmember? • What are the meeting logistics for the council, committees and commissions meetings? • What does your committee do and what areas does it cover? • What happens to an agenda item after it leaves the committee level? • What is a motion and what are the steps to get a motion approved? • What is the process for putting together and adopting a city budget? • What are the departments within the city? • What are the partnerships between city council and departments? • What are the different ways the city council interacts with the public? • How does the local government partner with Olympia and Washington DC to get projects funded or bills passed? • What steps do you need to take to run for election? Guidelines on Mentee Interaction 1. Boundaries For the purpose of this policy, the term "boundaries" is defined as acceptable professional behavior by staff members while interacting with a student. Trespassing the boundaries of a student/mentor relationship is deemed an abuse of power and a betrayal of public trust. 2of5I Page 2. Definitions of Acceptable and Unacceptable Behavior Some activities may seem innocent from a Councilmember's perspective, but can be perceived as flirtation or sexual insinuation from a student or parent point of view. The objective of the following lists of acceptable and unacceptable behavior is not to restrain positive relationships between Councilmembers and students, but to prevent relationships that could lead to, or may be perceived as, sexual misconduct. Councilmembers must understand their own responsibility for ensuring that they do not cross the boundaries as written in this guideline. Disagreeing with the wording or intent of the established boundaries will be considered irrelevant and any violations of these guidelines will be case for immediate termination of participation. Thus, it is crucial that all Councilmembers learn these guidelines thoroughly and apply the lists of acceptable and unacceptable behavior to their daily activities. Although good-natured, heartfelt interaction with students certainly fosters learning, student/councilmembers interactions must always be guided by appropriate boundaries regarding activities, locations, and intentions. 3. Unacceptable Behaviors The following non-exhaustive list of behavior shall be considered violation of this policy: • Giving gifts to an individual student that are of a personal and/or intimate nature; • Kissing of any kind; any intimate physical contact, including touching, pinching, massaging, rubbing or brushing against the body; • Making, or participating in sexually inappropriate comments or conversations; • Making sexual jokes, stories, or jokes/comments with sexual innuendo; • Seeking emotional involvement with a student for your benefit; • Discussing inappropriate personal troubles or intimate issues with a student; • Intentionally being alone with a student on campus or away from the school without obtaining prior written parental permission; • Giving students a ride to/from city hall or city activities/meetings; • Being alone in a room with a student in the council office or any meeting room with the door closed; • Allowing students in your home; • Communicating with students other than by using City of Federal Way or School technology(e.g. communicating via personal email, cell phone or social media)other than during an offsite meeting or other City of Federal Way activities after receiving parent permission; • Communicating regularly with students outside of mentorship hours; or • Sending emails,text messages, or letters to students if the content is not about school or City Council activities. Background Checks: Each councilmember will be required to pass a background check and finger printing before working with mentees. Scholars will also be required to have a background check prior to participating in the City Council Mentorship Program. 3 of 51 Page Eligibility Scholars will be considered for a mentorship with a Federal Way City Councilmember consistent with specific qualifications described in the mentorship listing and after submitting required application materials and successful completion of an interview. Qualified scholar mentees are: • Currently attending and in good standing at a Federal Way Public Schools High School. Scholars must be a current high school junior or senior. • Have at least a 2.5 GPA on their academic transcripts. • Considering a profession related to some aspect of the City's Council's business objectives. • Completed an online application by the required date and letter of recommendation. • Interview with City Council at Special Council Meeting at assigned date TBD. Additional forms attached: • Notice of Background Check • Mentorship/Volunteer Guidelines 4of51 Page Acknowledge of Receipt: All Councilmembers are required to receive a copy of the Federal Way City Council High School Mentorship Program Guidelines. Councilmembers must sign below to acknowledge that they have received and will adhere to the program document outlined above. Violation of these guidelines will result in immediate termination of participation in the program. Please sign this form and return to the City Council Executive Assistant. I have received a copy of the City Council High School Mentorship Program Guidelines. I understand that the guidelines are designed and intended to be general in nature and that these guidelines may be amended or exception to them made by the Mayor or his/her designee for any reason at any time. Signature Date Printed Name Department Name 5of5I Page 441kCITY OF Federal Way • • . • • • C,0Ac_sT Rec-IF t>t4 LEADERSt41'F" ADV1 Cg IrNG (41i SP' S4,,P,PoRT RoAk• tflole v '014 SV)CC.ESS Sib , • ..!.! • Volunteer/Mentorship Guidelines %: ,. .. ..-5e,7 Introduction Welcome to the City of Federal Way. Your volunteer/mentee service is invaluable to our City and the programs it operates. It is gratifying to know that we can count on your expertise and assistance in meeting the needs of the public and your fellow Department members. We are pleased you chose to become a volunteer/mentee for the City. Volunteer/Mentees are a key component in realizing the City's Vision, Mission and Goals. Please read through this handbook to familiarize yourself with our City. City Vision Federal Way is a community known for its cultural diversity, attractive parks, safe neighborhoods and vibrant business centers. City Mission The City of Federal Way is responsive, innovative and fiscally responsible in delivering quality services, promoting economic development, improving infrastructure and managing growth. City Goals • Integrate the public safety strategy into all facets of City operations, building on a strong community-based approach. • Create a multi-use urban city center that is pedestrian friendly, linked to neighborhoods and parks and services as the social and economic hub of the City. • Establish Federal Way as an economic leader and job center in South King County by attracting a regional market for high quality office and retail businesses. • Maintain the capital facilities plan and provide financing options for transportation and surface water improvements, parks, recreation, cultural arts and public facilities. • Ensure a responsive service culture with the City organization where employees listen carefully, treat citizens and each other respectfully and solve problems creatively, efficiently and proactively. • Position Federal Way as a regional leader by working collaboratively with other local and regional jurisdictions in order to leverage resources. - 2 - Organization Incorporated in 1990, Federal Way boasts close to 96,757 residents and is the state's 8th largest city. The City of Federal Way operates under a Mayor-Council form of government. The City Council consists of seven members who are directly elected by citizens for four year overlapping terms. The City Council establishes law and policy by passing ordinances and resolutions and adopts the City's budget, approves appropriations, levies taxes, and grants franchises. The Mayor is the chief executive and administrative officer of the City, in charge of all departments and employees, with authority to designate department heads, and shall be the official and ceremonial head of the City. The City employs approximately 300 regular and 100 seasonal/temporary employees in the Mayor's Office, Municipal Court, Law, Human Resources, Finance, Information Technology, Community & Economic Development, Public Works/Parks, Recreation & Cultural Services, and Police Departments. Volunteer/Mentee Goals and Responsibilities Volunteer/Mentees are held to the same standards that employees are, because they are a valuable resource to the city, as if they were regular employees. Volunteer/Mentee Goals The volunteer/mentee is expected to exemplify the "SPIRIT" principles which are a standard for all City of Federal Way employees. Those principles are: S Service: providing quality service to our customers — the community of Federal Way. P Pride: Representing with pride that we are a first-class organization providing a quality product. I Integrity: Bringing to the job the highest possible standards of personal and professional honesty and integrity. R Responsibility: Being responsible and accountable for performance; taking initiative to get things done. I Innovation: Always seeking innovative methods of providing consistently superior service in a cost-effective manner. T Teamwork: Working as part of a team to solve problems and achieve goals — as active participant or avid supporter. - 3 - t Wks voioni> Volunteer/Mentee Responsibilities As a City of Federal Way volunteer/mentee, you will have the responsibility to: • Perform mentee duties, exercise good judgment, loyalty, common sense, dedication, and courtesy in the performance of those duties. • Establish and maintain harmonious working relationships with those contacted in the course of mentee duties; demonstrating tact, diplomacy and patience. • Work within your assignment and consult with your Councilmember before assuming any new responsibilities associated with your assignment and/or affecting the City. • Maintain the confidentiality of all information to which you are exposed while accessing City records. • Accept guidance and direction from City staff and Councilmember. Consult your Councilmember when you have questions or concerns. • Be punctual and give your Councilmember adequate notice if you are unable to fulfill an assignment or commitment. • Participate in any required training or meetings. • Act in a safe manner and only in accordance with the scope of your assignment. Report any on the job injuries or illnesses to your Councilmember. • Dress appropriately for the conditions and performance of your duties. Most volunteer/mentee jobs involve contact with the public and other employees. Dress, grooming, and hygiene standards which are compatible with a professional, business-like atmosphere and which demonstrate respect for co- workers should be observed. A neat and presentable appearance is required at all times while on the job and representing the City of Federal Way. • Comply with City policies and procedures applicable to your particular assignment. All members of the City shall adhere to the Code of Conduct, Equal Employment Opportunity, Anti-Harassment, and Diversity Policies. These policies are included in this manual for your convenience and understanding. -4 - • Adhere to the City's Alcohol and Drug Free Work Environment Policy which is included in this manual. Volunteer/mentees will not report for duty or be on duty while under the influence of alcohol or drugs. • Comply with the City's Tobacco Policy. Use of tobacco products is prohibited at all times in City facilities, in or around City vehicles, and all work sites. This shall apply in all work and common areas, whether the area is enclosed or not, or whether the area is individual or shared. This prohibition shall apply to all persons who visit in work and common areas, including all officers, employees, contractors, volunteer/mentees, or visitors during all hours and days of the year. • Report hours worked promptly. Volunteer/mentee hours are important as a measure of citizen and community involvement, and you deserve credit for the work you have contributed. It is important that each volunteer/mentee program is correctly credited with the correct amount of hours. • Agree that the City may at any time, for whatever reason, decide to terminate the volunteer/mentee's relationship with the City, and a volunteer/mentee may resign at any time. Insurance and Liability Coverage e In the event that you are injured doing your job, the City has an insurance program under the Department of Labor and Industries. Every volunteer/mentee must immediately report any job-related injury, regardless of severity, to his/her supervisor. Use of City Office Equipment This guideline is intended to address all office equipment including but not limited to copiers, printers, faxes, desktop or laptop computers, personal digital assistant (PDA) and other wireless devices, desktop and cellular (cell) phones. Unless otherwise exempted by the Mayor or his/her designee, this policy applies to all employees, volunteer/mentees, and/or others who use City equipment in the performance of their assigned roles and responsibilities. City equipment is provided for the purpose of conducting City business and is expected to be used in a lawful manner at all times. For example, use of City- owned or personal cell phones while driving in a City vehicle or on City business is prohibited with limited exceptions under the law effective in July 2008. Any personal use of the equipment is a use of public assets and is a diversion of productive public service time and resource from the performance of City - 5 - business. On the other hand, the City recognizes it is the reality of today's workplace that employees and volunteer/mentees have legitimate needs at times to contact family, friends, and take care of a certain amount of personal business during the workday, and a total prohibition of incidental and minimal personal use of regular office equipment such as copies and telephone is counterproductive. In most cases, the benefit of allowing incidental use outweighs the associated costs. This guideline establishes general parameters for use of City equipment, including limited personal usage. It is not intended to be all encompassing. Employees and Volunteer/mentees are expected to exercise judgment and use common sense when using City equipment. Any personal use must be incidental and minimal, occur during breaks or nonworking hours, out of public view, and in no way interfere with one's duties or responsibilities as a City employee, nor should it in any way interfere or impede the access of others in conducting City business. Personal use of City equipment is a privilege. It shall not be considered a benefit, a right, or a working condition, and the City reserves the right to modify or revoke this privilege at its sole discretion anytime without prior notice. All documents, databases, software, codes, data and/or any of the work product created in the course of an employee's job or a volunteer's/mentee's service is the sole property of the City of Federal Way with any and all rights and compensations retained by the City. This applies regardless of the time period during which the product was developed, unless an agreement is entered into and approved by the City prior to the commencement of the creation of such documents. Employees and volunteer/mentees shall not expect or assume any privacy of the records, communication, files or data. E-mail and voice messages that are not otherwise exempt from public disclosure may be examined by the public if requested. The City has the right to and will periodically access or monitor email messages, internet access information, and telephone logs for work-related purposes, health or security reasons, or to respond to public record requests. Cell phone transmissions are not secure. Employees and volunteer/mentees should use discretion in relaying confidential information over cell phones. City equipment is not to be used for the following purposes: 1. Commercial purposes or personal profit. 2. Installing any software on City computers with the exception of screen savers. The screen savers may be installed if each person installing the software has a legal right (license) to the product and it is not prohibited by the provisions of this policy. 3. To gain access to web sites or computer systems of individuals or other agencies in a manner that is commonly known as"hacking." - 6 - L`t I'S 4. To make on-line purchases for City business, unless otherwise approved by supervisor or department director. 5. Displaying on a screen, transmitting by e-mail, voice mail or accessing Internet information that :romotes or transacts the following: 9 a. Discrimination on the basis of race, creed, color, national origin, sex, age, religion, disability, marital or veteran status or any other basis that is protected under local, state or federal law. b. Any form of harassment. c. Contents which is known or would reasonably be expected to be personally offensive to another individual. 6. Copyright infringement. 7. Solicitation of any kind unless it is for City sponsored activities/events or for activities/events otherwise approved by the Mayor or his/her designee. Posting items for sale on employee intranet bulletin board is allowed. 8. Promotion on behalf of any and all persons or for any and all commercial purpose, or promotion of any and all political candidates or causes. 9. To post or transmit information that is untrue or intended to mislead or distract from the truth. 10.To post or transmit confidential information related to City business to parties unauthorized to receive it. 11.Any unlawful activity. Personal long distance calls made from City facilities shall be charged to either personal credit card or other personal calling card/account. A charge shall be paid to the City based on the current published fees schedule for personal copies and/or faxes exceeding 5 pages. - 7 - mac,. r CODE OF CONDUCT The following Code of Conduct is for all employees and volunteer/mentees. However, references to discipline do not apply to volunteer/mentees. All employees are expected to perform their job duties and to exercise good judgment, loyalty, common sense, dedication and courtesy in the performance of those duties, and to comply with the provisions of these guidelines, department directives, policies and procedures, and the City's Code of Ethics. The primary mission of each employee is to provide courteous, orderly, efficient and economic delivery of services to the citizens consistent with the City's rules, regulations, applicable laws and the general goals and targets of the City. Failure to meet these expectations may establish cause for discipline. The following are examples of types of behavior which may result in discipline. This is by no means an exhaustive list, but merely illustrates the type of behavior not consistent with the general code of conduct expected of employees: 1. Drinking alcohol, use of illegal drugs, abuse of non-prescription or prescription drugs or other controlled substances on the job, or arriving on the job under the influence of or while in possession of alcohol, illegal drugs or other controlled substances. 2. Insubordination. 3. Violation of a lawful duty. 4. Dishonesty. 5. Charges filed and /or conviction of a felony or misdemeanor that may or may not directly relate to job duties. 6. Habitual absence or tardiness for any reason. 7. Absence from work without first notifying and securing permission from the appropriate supervisor. 8. Inability, refusal or failure to perform the duties of the assigned job. 9. Misappropriation or illegal use of City supplies, equipment, or time for personal use or gain. 10. Violation of the duties or rules imposed by this manual or any other City rule, regulation, administrative order or applicable state law. - 8 - EQUAL EMPLOYMENT OPPORTUNITY POLICY It is the policy of the City of Federal Way to treat all applicants, employees, and volunteer/mentees equally and without regard to race, religion, creed, color, national origin, sex, sexual orientation, age, the presence of a physical, mental or sensory disability, marital or veteran status, or any other basis that is required by local, state, or federal law. It is also the desire of the City to reflect the diverse community that we serve. As an organization we are committed to seeking diverse applicant pools for our vacant positions and to creating a culture that promotes mutual respect, acceptance, cooperation and productivity among diverse people. Toward this end, racial, ethnic, religious or sexual slurs or comments demeaning national origin or individuals with disabilities by any employee or volunteer/mentee to or about any employee, volunteer/mentee, applicant, or the public will not be tolerated. Any employee who feels he or she has been subject to discriminatory treatment in violation of this policy should bring this concern to the attention of his/her immediate non-involved supervisor, department director, or Human Resources. A non-involved supervisor is defined as the first supervisor in an employee's department who is not the object of the complaint. • Any supervisor advised of such a concern shall immediately report all concerns to the department director and Human Resources. Human Resources will determine the appropriate course of action. ANTI- HARASSMENT POLICY It is the policy of the City of Federal Way that all employees and volunteer/mentees should be able to work in an environment free from all forms of discrimination or harassment, including sexual harassment. Sexual harassment is unlawful and violates federal and state law and the City's policies. Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. No employee or volunteer/mentee shall be subject to unsolicited and unwelcome overtures or conduct, either verbal or physical. Sexual harassment generally is defined as the following: • Any deliberate or repeated unsolicited sexual or gender-based conduct such as verbal comments, gestures, or physical contact which is unwelcome to the recipient, which causes the recipient discomfort or humiliation or which interferes with the recipient's work performance; or - 9 - • Any incident in which a supervisor uses implicit or explicit coercive sexual behavior or influence to affect the career, salary, or employment of another employee or prospective employee. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior that is not welcome and which is personally offensive, interfering with effectiveness or creating uneasiness on the job. Such conduct, whether committed by supervisory or non-supervisory personnel, is specifically prohibited. This includes repeated offensive sexual flirtation, advances or propositions, continued or repeated verbal abuse of a sexual or gender-based nature, graphic or degrading verbal comments about an individual or his/her appearance, the display of sexually suggestive objects or pictures, or any offensive or abusive physical contact. No individual should imply to an employee or volunteer/mentee that lack of cooperation of a sexual nature would in some way negatively affect a person's employment, assignment, compensation, advancement, career development, or any other condition of employment. Examples of conduct that the City of Federal Way prohibits include, but are not limited to: • Epithets, slurs, negative stereotyping or threatening, intimidating or hostile acts that are related to gender, sexual orientation, marital status, race, color, national origin, veteran status, creed, religion, age, or actual or perceived disability. • Written or graphic material displayed, possessed or circulated in any City workplace (including vehicles) that denigrates or shows hostility or aversion toward an individual or group because of their gender, sexual orientation, marital status, race, color, national origin, veteran status, creed, religion, age, or actual or perceived disability. • Intimidating, hostile, derogatory, contemptuous or otherwise offensive conduct or remarks that are directed at a person because of that person's gender, sexual orientation, marital status, race, color, national origin, veteran status, creed, religion, age, or actual or perceived disability. - 10 - CitoLiA , ,y,,., • Retaliatory behavior such as making slanderous or libelous statements, withholding communication, information, resources, or employment benefits because of an individual or group's sex, sexual orientation, marital status, race, color, national origin, creed, religion, age, or actual or perceived disability. Reporting Procedures If an employee or volunteer/mentee believes that he/she is experiencing harassment of any kind, the following complaint and investigation procedure should generally be observed: • If comfortable doing so, clearly inform the harasser that his or her behavior is inappropriate, offensive, unwelcome and should immediately cease. • Bring the matter to the attention of the immediate non-involved supervisor within the department, the department director, or Human Resources. This should include the specific allegation, date of the occurrence, the individuals involved, and the names of any witnesses. A non-involved supervisor is defined as the first supervisor in an employee's department who is not the object of the complaint. • The supervisor will immediately notify the department director and Human Resources. Human Resources will determine the appropriate course of action. All complaints will be promptly and fairly addressed, and when appropriate, immediate corrective action will be taken. Human Resources or designee shall be responsible for investigating allegations of harassment based on protected class membership as covered in R.C.W. 49.60, and all sexual harassment complaints. Employees or volunteer/mentees shall not be retaliated against because they have made complaints of harassment. - 11 - , ' DIVERSITY STATEMENT Diversity— Our Vision The City of Federal Way is working to create diversity in the workplace and in the decision making process, which goes beyond simply being representative of the City or regional population. We are committed to creating a City government where all people hold visible and responsible positions at all levels of the organization. Diversity— Our Definition Diversity is an institutional environment built on the values of fairness, mutual respect, understanding, and cooperation; where shared goals, rewards, performance standards, operating norms and a common vision of the future guide the effects of every employee, volunteer/mentee and manager. Diversity— Our Statement We are actively committed to institutionalizing and valuing the philosophy of diversity. Because we must reflect the diverse culture that we serve, it is critical that we provide a bias free environment. Thus, as an organization we are committed to creating a culture that promotes mutual respect, acceptance, cooperation and productivity among people who are diverse in work background, education, age, gender, race, ethnic origin, physical abilities, religious beliefs, sexual/affectional orientation, and other perceived differences. We believe that these differences enrich the work environment. These differences, rather than inhibiting communication and unity, present us with opportunities to find mutual understanding and respect. Understanding and valuing differences will maximize the growth and development of our employees and meet the need of our increasingly diverse citizenry. Each of us, whether manager, employee, or volunteer/mentee, is expected to support and embrace this corporate culture in all our words and actions at all times when we are representing the City. We will tolerate neither prejudicial nor discriminatory acts of any magnitude, including jokes or slurs which demean, insult, or oppress any group. It is everyone's responsibility to provide a work environment that is free of discrimination and in which everyone has the opportunity to fully achieve their potential. We must do this in order to retain our ability to provide services which are responsive to the community's needs. A greater sense of inclusion and partnership is vital to our success as a municipal service provider. Diversity—Our Commitment We will provide training opportunities designed to educate us to the subtle and not so subtle forms of oppression, such as institutional racism. This is a complex, PP , difficult, sometimes uncomfortable and time consuming process. It will not - 12 - happen overnight. During this education process, and as we gain awareness and understanding, we realize that unwittingly one of us may say or do something that is offensive to someone else. It is up to each of us to remain vigilant and to learn from our mistakes. ALCOHOL AND DRUG FREE WORK ENVIRONMENT POLICY The City of Federal Way strictly prohibits the manufacture, possession, distribution, sale, dispensing or use of alcohol or controlled substances in the workplace. When employees or volunteer/mentees are on the job, they are expected to be physically free from any impairment or substance which would contribute to an injury, property damage, or interfere with productivity. They are to be free of illegal drugs or potentially impairing levels of legal substance. In short, all employees are expected to be "fit for work." The possession and use of medically prescribed, over-the-counter drugs during working hours is permissible. The employee or volunteer/mentee shall have no obligation to inform his or her supervisor of such usage unless the prescribed or over-the-counter drug contains a warning notice of possible impairment which may prevent the employee or volunteer/mentee from performing his or her job safely or effectively. Prescribed drugs possessed and used must be prescribed for the specific use of that employee. The manufacture, possession, distribution, dispensing, sale, or use of controlled substances on City property will be treated as a criminal matter and referred to the Federal Way Police Department for investigation and appropriate action. The use of alcohol in City vehicles is not permitted. Alcohol may be permitted on City premises for bona fide celebrations or functions, its use pre-approved by the Mayor or his/her designee, subject to applicable statutes, rules and regulations. - 13 - ACKNOWLEDGEMENT OF RECEIPT All volunteer/mentees are required to receive a copy of the City of Federal Way Volunteer/mentee Guidelines. Volunteer/Mentees must sign below to acknowledge that they have received, read, and will adhere to the policies outlined in the Volunteer/Mentee Guidelines. Violation of these guidelines will result in the termination of your service. Volunteer/Mentee Supervisors: Please separate this signed form and keep it in the volunteer's/mentee's file for the duration of his/her service with the City. I have received a copy of the City of Federal Way Volunteer/Mentee Guidelines. I have read the Volunteer/Mentee Guidelines and understand they are intended to be general in nature. Signature (Date) Printed Name Parent/Guardian Signature for minors (Date) - 14 - CITY OF FEDERAL WAY MENTORSHIP AGREEMENT/WAIVER OF LIABILITY As a City of Federal Way("City") mentee, I agree to: • Perform my assigned volunteer duties to the best of my ability. • Observe the same rules and policies as observed by City employees. • Report to work on time when scheduled. • Call my supervisor when I am late or unable to work. • Accept direction and supervision. • Treat all City employees and other volunteers with courtesy and respect. • Give mysupervisor adequate notice before terminatingmy volunteer position(s). pe � The City of Federal Way agrees to: • Provide adequate workspace for me. • Provide ongoing supervision and evaluation. • Provide me with training when appropriate and available. All information obtained by me in working as a city volunteer shall be considered confidential and I agree that I will not discuss such information to any person or entity. I understand that I will be required to fill out a Notice of Background Check and have it submitted to the Averty. I am also aware that volunteeringwith the Cityof Federal Wayis at will, and the relationshipmaybe terminated at any time as either I or my immediate supervisor may deem appropriate. This Mentorship Agreement shall not be deemed to create an employment relationship between myself and the City of Federal Way, and I acknowledge that the City shall not be required to pay me a salary, sick leave, vacation pay or any other compensation or benefit of employment. In the event that I am injured while volunteering for the City of Federal Way, the City has an insurance program through the Department of Labor and Industries (L&I). In order to be covered by L&I, I must report my volunteer hours to my supervisor in writing. I must also immediately report any job-related injury, regardless of severity, to my supervisor. Mentee Name(Printed) Mentee Signature Date WAIVER OF LIABILITY - Minor I am the parent or guardian for the above minor. I consent to the minor participating in the City Council Mentorship Program at the City and agree to indemnify and hold the City of Federal Way, its elected officials, officers, agents, employees, other volunteers, and any other third party for whom my daughter/son is performing volunteer services, harmless from and against any liability or cost arising from or resulting from my actions as a volunteer. Parent/Guardian Name (Printed) Parent/Guardian Signature Date Updated 10/2019 COUNCIL MEETING DATE: October 16,2018 ITEM#: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:APPRENTICESHIP UTILIZATION REQUIREMENTS FOR PUBLIC WORKS PROJECTS POLICY QUESTION: Should City Council approve an ordinance to amend Title 3 of the Federal Way Revised Code to add a new chapter implementing apprenticeship utilization requirements for public works projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 1,2018 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other ,�� � STAFF REPORT BY:' es� iree Winkler P.E. DeputyPublic Works Director DEPT: Public Works .................... ........................... ...................................................................................................................._.........................................................................................................................................................................................._............................................................................................................................. Attachments: Staff Report Ordinance Options Considered: 1) Approve the ordinance to amend Title 3 of the Federal Way Revised Code to add a new chapter implementing apprenticeship utilization requirements for public works projects. 2) Do not approve the ordinance to amend Title 3 of the Federal Way Revised Code to add a new chapter implementing apprenticeship utilization requirements for public works projects and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL:,. g /��j.�HIRECTOR APPROVAL: �J 9/bit is .mmitt— Cou �1 Initial/Date itial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 16, 2018. %7A-t— (474-1 Mark Kopp.4Y,Committe- hair J;is; 'ohnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION(S): in FIRST READING OF ORDINANCE (OCTOBER 16, 2018): I move to forward approval of the ordinance to the November 6, 2018 Council Meeting for enactment." SECOND READING OF ORDINANCE(NOVEMBER 6,2018): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# &VA 1L ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 1,2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM• EJ Walsh,P.E.,Public Works Director 14/ Nesiree Winkler,P.E. Deputy Public Works Director SUBJECT: Apprenticeship Utilization Requirements for Public Works Projects FINANCIAL IMPACTS: This apprenticeship utilization requirement program is not anticipated to have any immediate significant financial impacts and can be administered in conjunction with current construction administration requirements with current resources.Depending on the nature of the work, a project required to utilize apprentices may have higher costs. BACKGROUND: In recognition of.the need to complete infrastructure improvement projects that support the economic vitality of our city, it has been recommended that a concerted effort be made to develop and maintain an adequate supply of skilled workers.The City can do this by making a concerted effort to encourage the use of apprentices on public works projects which have ample capacity and schedule for accommodating training without adversely impacting administration and costs. To implement apprenticeship utilization requirements for public works projects,the Federal Way Revised Code will be modified to add Chapter 3.65,which will require all public works contracts in excess of two million dollars to employ apprentices for at least 15 percent of the contracts labor hours unless that requirement is waived or reduced by the public works director.The waiver or reduction option provides the public works director with the appropriate flexibility to ensure that the City does not create absurd bid situations where apprenticeship requirements do not make practical or financial sense for the City. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the establishment of apprenticeship utilization requirements for public works contracts of more than $2,000,000; and adding a new chapter to Title 3 FWRC. WHEREAS, a well-trained, diverse workforce is critical to the economic and social vitality of the City of Federal Way and the region as a whole; and WHEREAS,current workforce population trends,without a concerted effort to offset them, may lead to an inadequate supply of skilled workers in the construction industry; and WHEREAS, the City of Federal Way regularly constructs public works projects; and WHEREAS, the efficient and economical construction of public works projects will be harmed if there is not an ample supply of trained construction workers; and WHEREAS,apprenticeship training programs are particularly effective in providing training and experience to individuals seeking to enter or advance in the workforce; and WHEREAS,by providing for apprenticeship utilization on public works projects,the City of Federal Way can create opportunities for training and experience that will help assure that a trained workforce will be available in sufficient numbers in the future for the construction of public works; and WHEREAS,the City of Federal Way is committed to promoting apprenticeship opportunities on larger public works projects with ample capacity and schedule to provide apprentice opportunities for various trades without adversely impacting administration and costs. Ordinance No. 18- Page 1 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 3 of the Federal WayRevised Code is herebyamended to add a new chapter P 3.65 to read as follows: Chapter 3.65 APPRENTICESHIP UTILIZATION REQUIREMENTS 3.65.010 Apprenticeship utilization requirements All public works contracts with an estimated cost in excess of two million dollars (herein referred to as "minimum construction cost") shall require not less than fifteen percent of the labor hours performed by workers subject to prevailing wages employed by the contractor or its subcontractors be performed by apprentices enrolled in an apprenticeship training program approved or recognized by the Washington State Apprenticeship and Training Council. Contractor prevailing wage documentation shall be supplemented to monitor compliance with this requirement throughout the contract. Unless otherwise waived or reduced pursuant to FWRC 3.65.020, any contractor or subcontractor failing to comply with the apprenticeship requirements of this section shall not be considered a responsible bidder on city public works projects for a period of two years from final acceptance of the contract in which noncompliance occurred. The "minimum construction cost,"which shall never be less than two million dollars, shall be adjusted each calendar year by one hundred percent (100%) of the annual percentage change in the Consumer Price Index (CPI) for the Seattle-Tacoma-Bellevue Metropolitan Area for the U.S. City Average Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI- W1982-84=100)prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index for the previous calendar year. 3.65.020 Waivers or reductions The public works director may waive or reduce the FWRC 3.65.010 requirements as follows: (1) The apprenticeship requirement conflicts with state or federal funding conditions, or the conditions of any other grant or funding program; (2)An insufficient number of apprentices are available to meet the contract requirements; (3) The project involves a high proportion of equipment and materials costs compared to the anticipated labor hours; (4) The contractor has demonstrated a good faith effort to meet the established percentage requirement,but remains unable to fulfil the goal; Ordinance No. 18- Page 2 of 4 (5) In order to meet the requirement, the contractor will be forced to displace members of its workforce; or (6) For other reasons deemed appropriate by the public works director. Section 2. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance,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 ordinance 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 ordinance and each section, subsection, sentence, clauses,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage and publication,as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 . [signature page follows] Ordinance No. 18- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 18- Page 4 of 4 Th COUNCIL MEETING DATE: October 1,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMEND 19.142 FWRC AND 15.15 FWRC,FLOOD DAMAGE PREVENTION POLICY QUESTION: Should the City Council amend the FWRC 19.142, Flood Damage Prevention,to address issues identified by the Department of Ecology which will update the Code to meet current law, and should the Council remove 15.15 FWRC since it duplicates language in 19.142? COMMITTEE: Land Use and Transportation MEETING DATE: Oct. 1,2018 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Doc Hansen,Planning Manager DEPT: Community Development Attachments: Staff Report Ordinance Options Considered: 1. To forward the proposed ordinance for First Reading to the full Council 2. To forward the proposed ordinance with amendment for First Reading to the full Council 3. To not move the ordinance forward for Council review. .................................................................................................................................................................................................................................................. MAYOR'S RECOMMEND TION: Option 1: Forward the Proposed Ordinance to First Reading ,� MAYOR APPROVAL: DIRECTOR APPROVAL: 1/`�� _ " V1-6 rl g mmitte Counc' Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 16, 2018. • Mark opp..'_,Committee C..Ir JJWJohnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (OCTOBER 16): "I move to forward approval of the ordinance to the November 6, 2018 Council Meeting for enactment. " SECOND READING OF ORDINANCE(NOVEMBER 6): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# 1t4c ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: October 16, 2018 TO: Federal Way City Council VIA: Jim Ferrell,Mayor FROM: Brian Davis, Community Development Director Robert"Doc"Hansen,Planning Manager SUBJECT: Amendments to Chapters 19.142 and 15.15 FWRC Regarding Flood Damage Prevention I. FINANCIAL IMPACT The approval of the following proposed Code amendment will not cost the City any additional funds, and will require no transfer of general funds for the action. II. BACKGROUND On December 20, 2017 the Department of Ecology(DOE)and David Radabaugh with the Shorelands and Environmental Assistance Program met with a number of Federal Way staff at a meeting,known as the "Community Assistance Visit,"or CAV. The purpose of the visit was to examine the City's existing flood prevention program, evaluate the Shorelines Master Program in terms of providing for such protection, and to offer suggestions or recommended changes that needed to be made in order to provide for greater flood prevention. Most lands considered"floodplains,"or special flood hazard area(SFHA), are located on the City's coastline according to the Federal Emergency Management Agency(FEMA)and their maps that designate where flood areas exist. The DOE recently conducted a review of the City's Code related to floodplain protection,and following the review,Mr.Radabaugh concluded a number of items within our process and our Code that needed to be changed to bring it to current standards. Specifically,DOE is requesting and suggesting to the City to change the Code in a number of sections of FWRC 19.142 including: • Amending reference to the updated study for King County; • Providing additional definitions to make the City's code consistent with the State law; • Identifying activities exempt from required floodplain permit; • Including requirement for habitat assessment for approval of a floodplain permit. III. PROPOSED CHANGES TO CODE The draft proposed code amendments are attached as Exhibit A at the end of this brief. The proposed amendments would eliminate one section of the Code,add definitions to 19.142,provide standards for a habitat impact assessment where required, and provide coastal standards for development within the designated flood plain designated in future maps provided by FEMA.. Below is a summarization of the proposed amendments. 1 1. Eliminate FWRC Chapter 15.15. Under FWRC Title 15, Shorelines Management, a Section FWRC 15.15 exists which duplicates FWRC 19.142 verbatim. This was most likely done to provide ease for the reader looking for these standards. The issue in copying the regulations from one section and repeating it in another section is that anytime one section is amended,the section in the other location of the code also has to be amended, and if it is not amended concurrently,the Code will not be consistent between the two chapters. This inconsistency within the Code potentially creates a problem in administrating the regulation or when a standard is challenged. 2. Adding Definitions. Mr.Radabaugh requested that the City adopt definitions for"development"and amend the definition"start of construction." Although our definition for"development"covers the concerns of DOE, it is not the verbatim definition used in the State RCW, and is proposed to be added to definitions of this section to maintain consistency with State law. DOE requested that the definition for"Start of Construction"be amended to include"substantial improvement" since that is the verbatim definition within the RCW. 3. Updated Language and Provision of Exemption from Requirement for Floodplain Permit. The current Federal Way Code does not reference a"floodplain"permit and does not provide exemptions allowed by State law for certain activities involving routine maintenance and removal of noxious weeds. This amendment provides allowance for these exemptions. 4. Requiring a Habitat Assessment for Development within a Special Flood Hazard Area. Under current State regulations, Federal Way is required to not allow development within a Special Flood Hazard Area(SFHA)without a determination of its impact upon natural habitat. This is considered a "Biological Opinion"which can be addressed by requiring a habitat assessment by all who wish to develop in a floodplain area or lot. A habitat assessment is a process often conducted by biologists who understand the process and possess biological experience. This language is proposed to guide applicants toward habitat assessment and requirements for mitigation per FEMA guidelines. Language is also added permitting the City to request third party review of any habitat assessment since the City does not currently have the expertise for such review. IV. PLANNING COMMISSION ACTION Per Code,the Planning Commission is required to hold a public hearing and make recommendation to the City Council on proposed Code amendments. On Wednesday, September 19, 2018 the Planning Commission held such hearing and recommended ordinance approval, 6-0,by those members present at the hearing. V. TIMELINE The actions that have occurred and the anticipated timeline for completion of the code amendments process are shown below: 1. Planning Commission discussions—April through July 2018 2. Notice of Planning Commission Public Hearing—May 18,2018 3. SEPA DNS Notice issued—June 22,2018,Appeal ended-July 27,2018 4. Planning Commission Public Hearing—September 19,2018 5. Land Use/Transportation Committee Public Meeting—October 1,2018 6. City Council Public Meeting 1St Reading of Ordinance—October 16,2018 7. City Council Public Meeting 2nd Reading of Ordinance—November 5,2018 2 8. Ordinance Effective—November 12,2018 VI. MAYOR'S RECOMMENDATION After consideration of the review of staff analysis and options available for action(approval, approval with modification or denial),the Mayor recommends that the proposed amendments as presented to the Planning Commission and the Land Use and Transportation Committee be approved. 3 CITY OF Federal Way LAND USE/TRANSPORTATION COMMITTEE STAFF REPORT DATE: October 1, 2018 Mark Koppang, Chair To: Members of the Land Use/Transportation Committee FROM: Robert"Doc"Hansen, Planning Manager SUBJECT' Amendments to Chapters 19.142 and 15.15 FWRC regarding Flood Damage Prevention I. Introduction On December 20, 2017 the Department of Ecology and David Radabaugh with the Shorelands and Environmental Assistance Program met with a number of Federal Way staff at a meeting, known as the"Community Assistance Visit,"or CAV. The purpose of the visit was to examine the City's existing flood prevention program, evaluate the Shorelines Master Program in terms of providing for such protection, and to offer suggestions or recommended changes that needed to be made in order to provide for greater flood prevention. II. Background Most lands considered"floodplains," or special flood hazard area(SFHA), are located on the City's coastline according to the Federal Emergency Management Agency(FEMA)and their maps that designate where flood areas exist. The Department of Ecology(DOE)recently conducted a shoreline survey of the City and found a number of situations where they questioned how the uses were permitted. In the CAV review, Mr. Radabaugh from DOE concluded a number of items within our process and our Code that needed to be changed to bring it to current standards. Specifically, DOE is requesting and suggesting to the City to change the Code in a number of sections of FWRC 19.142 including: • Amending reference to the updated study for King County; • Providing a severability clause; • Providing additional definitions to make the City's code consistent with the State law; • Identifying activities exempt from approval of floodplain permit; • Including requirement for habitat assessment for approval of a floodplain permit. III. Proposed Code Amendments The draft proposed code amendments are attached as Exhibit A at the end of this brief. The proposed amendments would eliminate one section of the Code,add definitions to 19.142, provide standards for a habitat impact assessment where required, and provide coastal standards LUTC Staff Report Page 1 of 3 FWRC 19.142 October 1,2018 for development within the designated flood plain designated in future maps provided by FEMA.. Below is a summarization of the proposed amendments. 1. Eliminate FWRC Chapter 15.15. Under FWRC Title 15, Shorelines Management, a section exists which duplicates FWRC 19.142 verbatim. This was most likely done to provide ease for the reader looking for these standards. The issue in copying the regulations from one section and repeating it in another section is that anytime one section is amended, the section in the other location of the code also has to be amended, and if it is not amended concurrently,the Code would not be consistent from the one chapter. This inconsistency within the Code potentially creates a problem in administrating the regulation or when a standard is challenged. 2. Adding Definitions. Mr.Radabaugh from DOE requested that the City adopt definitions for "development"and amend the definition"start of construction." Although our definition for "development"covers the concerns of DOE, it is not the verbatim definition used in the State RCW, and is proposed to be added to definitions of this section to maintain consistency with State law. DOE requested that the definition for"Start of Construction"be amended to include"substantial improvement" since that is the verbatim definition within the RCW. 3. Updated Language and Provision of Exemption from Requirement for Floodplain Permit. The current Federal Way Code does not reference a"floodplain"permit and does not provide exemptions allowed by State law for certain activities involving routine maintenance and removal of noxious weeds. This amendment provides allowance for these exemptions. 4. Requiring a Habitat Assessment for Development within a Special Flood Hazard Area. Under current State regulations, Federal Way is required to not allow development within a Special.Flood Hazard Area(SFHA)without a determination of its impact upon natural habitat. This is considered a"Biological Opinion"which can be addressed by requiring a habitat assessment by all who wish to develop in a floodplain area or lot. A habitat assessment is a process often conducted by biologists who understand the process and possess biological experience. This language is proposed to guide applicants toward habitat assessment and requirements for mitigation per FEMA guidelines. Language is also added permitting the City to request third party review of any habitat assessment since the City does not currently have the expertise for such review. IV. Timeline The anticipated timeline for completion of the code amendments process are shown below: Planning Commission Discussions 6/20/2018 SEPA Threshold Determination 6/22/2018 Planning Commission Public Hearing 09/19/18 Anticipated Land Use/Transportation Committee Meeting 10/01/2018 Anticipated City Council 1st Reading 10/16/2018 Anticipated City Council 2nd Reading 11/06/2018 LUTC Staff Report Page 2 of 3 FWRC 19.142 October 1,2018 V. Planning Commission Action Per Code,the Planning Commission is required to hold a public hearing and make recommendation to the City Council on proposed Code amendments. On Wednesday, September 19, 2018 the Planning Commission held such hearing and recommended ordinance approval 6-0. VI. Mayor's Recommendation Based upon the Planning Commission's recommendation following the public hearing and based upon information provided by planning staff,the Mayor recommends approval of the proposed ordinance. LUTC Staff Report Page 3 of 3 FWRC 19.142 October 1,2018 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to floodplain development and permittingProcesses within the City; amending FWRC 19.142.040, 19.142.050, 19.142.060; and repealing Chapter 15.15 FWRC. (Amending Ordinance Nos. 06-536, 09-593, and 09-597) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and p WHEREAS, it is in the public interest for the City Council to adopt amended development regulations for Chapter 19.142 FWRC regarding development within frequently flooded areas; and WHEREAS, the State developed new language regarding flood prevention that has not been incorporated into Chapter 19.142 FWRC; and WHEREAS, the State Department of Ecology, through its Community Assistance Visit, informed the City that the new State language needed to be added to the chapters of the FWRC that regulate development within the areas designated as floodplains by the Federal Emergency Management Agency ("FEMA"); and Ordinance No. 18- Page 1 of 13 WHEREAS, the absence of such language necessitates amendment to the FWRC to incorporate the State-required language; and WHEREAS, Chapters 15.15 and 19.142 FWRC are identical, and such duplication is not necessary and has the potential to create inconsistencies when those chapters are amended in the future; and WHEREAS, the repeal of Chapter 15.15 FWRC eliminates the duplicative chapter; and WHEREAS, the Planning Commission conducted public discussion of these code amendments on June 20, 2018; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on September 13, 2018, and no comments or appeals were received and the DNS was finalized on September 27, 2018; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on September 19, 2018 and forwarded a recommendation of approval to the City Council as follows: (1) repeal Chapter 15.15 FWRC; (2) amend FWRC 19.142.040 by adding and amending definitions for "Development" and "Start of Construction"; (3) amend FWRC 19.142.050 by changing the reference to the correct flood study title; (4) amend FWRC 19.142.060 to indicate that the section is related to floodplain development permits and to identify those activities that do not require a floodplain development permit; and (5) amend FWRC 19.142.060 by adding required actions that must be accomplished in order to receive a floodplain development permit, including identifying conditions under which a habitat impact assessment must be performed, and when a habitat mitigation plan must be completed; and Ordinance No. 18- Page 2 of 13 WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on October 1, 2018, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments: (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by clarifying requirements of State regulation and correcting textual duplication within the Code that will mitigate the need for interpretation when reviewing projects proposed within the identified floodplain. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 and Title 15 FWRC and will implement, and are consistent with, the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the Federal Way Revised Code. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council Ordinance No. 18- Page 3 of 13 makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: Goals: NEG1 To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP4 The City will continue to work with internal departments, state and regional agencies, neighboring jurisdictions, and tribes to protect environmentally critical areas and the City's natural environment. NEP6 Mitigation sequencing steps, which begin with avoiding impacts altogether by not taking certain action or parts of an action, should be applied to all projects where impacts to environmentally critical areas are proposed. NEP7 Implement and periodically update environmentally critical area regulations consistent with Best Available Science while also taking into consideration the City's obligation to meet urban-level densities and other requirements under the GMA. NEG6 To prevent the loss of life, property, and habitat in frequently flooded areas. NEP41 New improvements should not be located in floodplains unless fully mitigated via best building practices within areas of special flood hazard, shallow flooding, coastal high hazard, and floodways. FWCP — Chapter Nine, Natural Environment Revised 2015 IX-10 NEP42 Any approved construction should follow the mitigation recommendations of a Habitat Assessment report. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide clarification and additions to the sections of the Ordinance No. 18- Page 4 of 13 Code designed to prevent flood damage to life and property located in identified floodplains within the City of Federal Way. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they eliminate a duplication within the Code, which can result in inconsistent implementation when amendments are made to such sections within the Code, and provide greater safety, clarity, and certainty to applicants wishing to develop projects within floodplains. Section 3. Chapter 15.15 of the Federal Way Revised Code is hereby repealed. Section 4. FWRC 19.142.040 is hereby amended to read as follows: 19.142.040 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or FWRC 1.05.020 in that order. "Actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Actual start of construction," for a substantial improvement, means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Appeal" means a request for a review of the interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means designated as AO or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. Ordinance No. 18- Page 5 of 13 "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. "Base flood"means the flood having a one percent chance of being equaled or exceeded in any given year(also referred to as the "100-year flood"). Designated on flood insurance rate maps by the letters A or V. "Basement" (belowground level) on means anyarea of the buildinghavingits floor sub-grade all sides. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE or V. "Critical_facility"means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals,police, fire and emergency response installations, and installations which produce,use, or store hazardous materials or hazardous waste. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations, drilling operations, or storage of equipment or materials located within the area of special flood hazard. "Director" means the director of the city of Federal Way community development department or his or her designee. "Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "Elevation certificate" means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way. "Existing manafrictured home park or subdivision" means a manufactured home park or �T subdivision for which the construction of facilities for servicing the lots on which the Ordinance No. 18- Page 6 of 13 manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood" or `flooding"means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "Flood insurance rate map (FIRM)"means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study (FIS)" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. "Floodway"means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Lowest floor" means the lowest enclosed area (including basement), except that where an unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is built in compliance with the applicable non- elevation design requirements of FWRC 19.142.140(1)(b), the next lowest enclosed area is the lowest floor. "Manufactured home- means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities,but does not include a recreational vehicle. "Manufactured home park or subdivision"means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "New construction"means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. Ordinance No. 18- Page 7 of 13 "New manufactured home park or subdivision"means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. "Recreational vehicle" means a vehicle: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvement, and means the date the building permit was issued, where the actual start of construction, repair, reconstruction, placement or other improvement occurs within 180 days of the permit date. See also "actual start of construction." "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any improvement of a structure, including any repair or reconstruction, where the cost of the improvement equals or exceeds 50 percent of the market value of the structure either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement does not include: any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Ordinance No. 18- Page 8 of 13 "Variance"means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter. "Water-dependent"means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 5. FWRC 19.142.050 is hereby amended to read as follows: 19.142.050 General provisions. (1)Application of chapter. This chapter shall apply to all areas of special flood hazards within the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled"The Flood Insurance Study for Federal Way King County, Washington and Incorporated Areas" dated May 16, 1995, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available information for flood hazard area identification as outlined in FWRC 19.142.070 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under FWRC 19.142.070. (2)Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. (3) Summary abatement. Whenever any violation of this chapter causes or creates a condition which constitutes or contributes to an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter 1.15 FWRC, Civil Enforcement of Code. (4)Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (5)Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and Ordinance No. 18- Page 9 of 13 (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering. considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Federal Way, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. Section 6. FWRC 19.142.060 is hereby amended to read as follows: 19.142.060 Development Activities Subject to Floodplain Development Permits. (1)Floodplain Ddevelopment permit required. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in FWRC 19.142.050(1). The permit shall be for all structures including manufactured homes, as set forth in FWRC 19.142.040, and for all development including fill and other activities, also as set forth in FWRC 19.142.040. (2)Non-development Activities. Activities that do not meet the definition of"Development" in this chapter are allowed in the regulatory floodplain without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements Theconsidered development are met. following are examples of activities not or manmade changes to improved or unimproved real estate: (a) Routine maintenance of landscaping that does not involve grading, excavation, or filling; (b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation; (c)Normal maintenance of structures, such as re-roofing and replacing siding, as long as such work does not qualify as a substantial improvement; (d)Normal maintenance of above ground public utilities and facilities, such as replacing downed power lines; (e) Normal street and road maintenance, including filling potholes,repaving, and installing signs and traffic signals, but not including expansion of paved areas; and (f)Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility. Ordinance No. 18- Page 10 of 13 (3) Other Activities. All other activities not described in subsection (2) of this section are allowed, as long as a floodplain development permit is approved, and, if required, as long as such activities meet all the other requirements of this chapter and the other provisions of the FWRC. (24)Application forfloodplain development permit. Application for a floodplain development permit shall be made and shall include, but not be limited to,plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (a) Elevation in relation to mean sea level, of the lowest floor(including basement) of all structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B completed by the city of Federal Way building official; (b) Elevation in relation to mean sea level to which any structure has been floodproofed; (c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in FWRC 19.142.140(2); (d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (35)Designation of the administrator. The director or designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The director shall: (a) Review all development applications to determine that the requirements of this chapter have been satisfied; (b) Review all development applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and (c) Review all development applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of FWRC 19.142.160(1) are met. (6)Project requirements. If the project is located in the regulatory floodplain and includes activities not listed in FWRC 19.142.060(2), the application shall include a habitat impact assessment completed by a professional biologist. If that assessment determines that impacts upon the habitat would result from the project, the application shall also include a habitat mitigation plan. The habitat assessment and the habitat mitigation plan shall be performed as described in FEMA's Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, 2013, and any revisions thereto. Ordinance No. 18- Page 11 of 13 (7) Third-party review. For any habitat impact assessment or habitat mitigation plan, the city may require a third-party review. Third-party review requires the applicant's habitat impact assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an independent third-party,_paid for by the applicant, but hired by the city. Third-party review shall be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and Mitigation Regional Guidance, FEMA Region X, 2010, and any revisions thereto. Section 7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2018. Ordinance No. 18- Page 12 of 13 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 18- Page 13 of 13