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LUTC PKT 03-02-2020
City of Federal Way City Council Land Use & Transportation Committee March 2, 2020 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date A. Approval of Minutes: February 3, 2020 3 N/A B. Authorization to Submit 2019 NPDES Permit Myhre 7 Action March 17, 2020 Annual Report Consent C. Vactor Services Contract Bid Award Thurlow 57 Action March 17, 2020 Consent D. Approval to Lease SWM Parcel to Active Thurlow 61 Action March 17, 2020 Construction Consent E. 2020 Asphalt Overlay Project Bid Award Cole 67 Action March 17, 2020 Consent F. 2020-2021 Neighborhood Traffic Safety Chandra 77 Action March 17, 2020 Project Bid Award Consent G. SW Dash Point Rd &47th Ave SW Compact Mullen 81 Action March 17, 2020 Roundabout - 30% Design Report Consent H. Project Acceptance for Military Road South Huynh 85 Action March 17, 2020 Pavement Repair Consent I. Request To Modify the Transportation Hamel 87 Action March 17, 2020 Systems Capital Improvement Plan Consent J. Authorization to Submit Transportation Grant Winkler 91 Action March 17, 2020 Applications Consent K. New Cingular Wireless PCS, LLC— Franchise Winkler 93 First March 17, 2020 Ordinance Reading Ordinance L. Council Action on 60% Petition: Pape Hansen 155 Action March 17, 2020 Annexation Public Hearing M. Public Outreach on the Tacoma Dome Link Hansen 215 Info N/A N. Updates on Aviation Noise and Health Issues Vadino 219 Info N/A O. Panhandling in Federal Way Vadino 225 Info N/A 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be April 6,2020 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member Rebecca Kovar,Administrative Assistant II Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. z City of Federal Way City Council Land Use & Transportation Committee February 3, 2020 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang,Committee member Hoang Tran,and Committee member Martin Moore. Councilmembers in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson and Councilmember Linda Kochmar. Staff in Attendance: Public Works Director EJ Walsh, Deputy Public Works Director Desiree Winkler, City Attorney Ryan Call, Sound Transit Liaison Ryan Medlen, Senior Capital Engineer John Mulkey, Principal Planner Margaret Clark, Policy Advisor Bill Vadino, and Administrative Assistant II Rebecca Kovar. 1. CALL TO ORDER: Committee Chair Koppang called the meeting to order at 5:00 p.m.. 2. PUBLIC COMMENT: 3. COMMITTEE BUSINESS: Chair Koppang proposed adding an Agenda item — Item G: Citywide Adaptive Traffic Signal Control-Traffic Control Center—Authorization of Contract Expenditure Increase,which moves the Information Items to H and I Topic Title/Description A. Approval of Minutes: January 6, 2020 Committee approved the January 6, 2020 LUTC minutes as presented. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously B. Federal Way Link Extension Station Naming Sound Transit Liaison Ryan Medlin presented information on the policies behind and actions taken on the public survey to name the Link station at Federal Way. Chair Koppang says he would welcome a discussion about the name, as there will be more than one station in Federal Way when the project is complete. Discussion ensued. Public Works Director EJ Walsh clarified some comments. Committee forwarded Option #1 (Support naming the future light rail station the Federal Way Transit Center Station')to the February 18, 2020 Council Business Agenda for approval. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously C. Horizontal Curve Warning Signs - 85% Design Report and Authorization to Bid Senior Capital Engineer John Mulkey provided background on the project and detailed costs,funding, and status of the design element of the project. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 3 Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 Committee forwarded Option #1 (Authorize staff to complete the design and bid the Horizontal Curve Warning Signs and returns to the LUTC and Council for bid award, further reports, and authorization.) to the February 18, 2020 Council Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously D. 2020 Planning Commission Work Program Principal Planner Margaret Clark presented information on The Planning Commission Work Program, including projects completed in 2019 and proposed Code amendments. Committee member Moore asked for clarification on terms and procedures. Planning Manager Doc Hansen gave further information regarding proposed housing types and zoning changes going forward. Committee forwarded Option #1 (Approve the Mayor's Recommendation on the 2020 Planning Commission Work Program.) to the February 18, 2020 Consent Agenda for approval. • Moved: Tran • Seconded: Koppang • Passed: 3-0 unanimously E. Seattle SMSA Limited Partnership d/b/a Verizon Wireless Franchise Ordinance Deputy Public Works Director Desiree Winkler gave background on the Ordinance requirements and expounded upon growing demand for wireless services. This franchise is similar to others currently in place. Committee forwarded Option #1 (Adopt the proposed Ordinance.) to the February 18, 2020 Consent Agenda for approval. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously F. Lakehaven Water and Sewer District Interlocal Agreement Public Works Director EJ Walsh presented information on a Master Agreement with Lakehaven Water and Sewer District to replace the current system of presenting projects as they come up. There are already several agreements in place. Project funding would still have to be approved by City Council. Chair Koppang noted that it would save the City approximately 40 work-hours for every agreement. He stressed that Council would need to provide approval on all projects. Committee forwarded Option #1 (Authorize the Mayor to execute an Interlocal Agreement with Lakehaven Water and Sewer.) to the February 18, 2020 Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously G. Citywide Adaptive Traffic Signal Control-Traffic Control Center—Authorization of Contract Expenditure Increase Senior Capital Engineer Naveen Chandra provided information on the project and need for increased funding for the creation of a Traffic Control Center, stressing that the project has available funds that had not been allocated to adapting a conference room into a Traffic Control Center. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 4 Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 Committee forwarded Option #1 (Authorize staff to increase the contract expenditures for the Citywide Adaptive Traffic Signal Control — Traffic Control Center Contract.) to the February 18, 2020 Consent Agenda for approval. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously H. Discussion on "Keep the Change"signs discouraging donations to panhandlers Policy Advisor Bill Vadino presented information on possible initiatives to respond to the issue of panhandling in the City, including consideration of other cities'approaches. Lakewood utilizes traffic and disorderly conduct statutes to discourage panhandlers, as well as signs and social media outreach suggesting money be donated to charities. Chair Koppang pointed out that the goal is not to prohibit panhandling nor giving to panhandlers but rather to increase information available on alternative giving strategies to help the homeless. City Attorney Ryan Call clarified some comments. Committee member Tran asked if Lakewood ordinances have been challenged in court. Mr. Vadino said that the current strategies in Lakewood have not been challenged. Mr. Call stated that the proposed ordinance for Federal Way has already been drafted and has similar language to Lakewood's statute. Mr. Call stressed that no one will be arrested for panhandling, as it is a freedom of speech issue. He also clarified that all misdemeanors, such as traffic obstruction (the statute used by Lakewood), must be observed by a police officer. Committee member Tran asked how the proposed ordinance would impact police personnel workload. Discussion ensued. I. Report on Progress with Aircraft Issues Policy Advisor Bill Vadino reported on current issues with the proposed expansion of SeaTac Airport, specifically noise concerns that negatively impact Federal Way and other surrounding communities. The Commerce Study is almost complete and will provide a baseline for moving forward. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on March 2, 2020 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 6:53 p.m. Attest: Approved by Committee: Rebecca Kovar, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 5 Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. 6 COUNCIL MEETING DATE: March 17,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:NPDES ANNUAL REPORT AND STORMWATER MANAGEMENT PROGRAM(SWMP)PLAN UPDATE POLICY QUESTION: Should Council approve and authorize submittal of the 2020 Annual Report and Stormwater Management Program(SWMP)Plan documents to the Department of Ecology as required by the NPDES Western Washington Phase II Municipal Stormwater Permit? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2020 w................................... .......... ........._........................_......................., m m... CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Program Coordinator _... .. � DEPT: Public Works Attachments: Staff Report 2020 Annual Report and Stormwater Management Program(SWMP)Plan Update Options Considered: 1. Approve the 2020 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Department of Ecology by March 31, 2020 to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2020 Annual Report and SWMP Plan documents and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1, w cJ .. _ �...... MAYOR APPROVAL: DIRECTOR APPROVAL: v C"c p�tu[t v t o ctt nitiaUDate Initial/Date filhialiDate COMMITTEE RECOMMENDATION: I move to forward Option I to the March 17, 2020 City Council consent agenda for approval. Mark Koppang,Committee Chair _ Martin Moore,Committee Member Ilosn l ran,Committee Member e PROPOSED COUNCIL MOTION: "I move to authorize submittal of the 2020 NPDES Annual Report and SWMP ,elan to the Department of"1Fc"oloAOA by March 31, 2620 to sati,wf the :"its°""s NIDES Permit obligations. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: I--] APPROVED COUNCIL BILL# C1 DENIED First reading 0 TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—02/2020 RESOLUTION# 7 CITY OF FEDERAL WAY MEMORANDUM .............................................................. ............. DATE: March 2, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director`zl� Leah Myhre, Water Quality Program Coordinator IA-A SUBH,CT: NPDES Annual Report and Stormwater Management Program (SWMP)Plan Update FINANCIAL IMPACTS: Submittal of the National Pollutant Discharge Elimination System (NPDES) Annual Report and Storrnwatcr Management Program (SWMP) Plan update is required by the City's NPDES Western Washington Phase 11 Municipal Stormwater Permit and will have no direct financial impacts. BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the United States, pursuant to the Clean Water Act. The EPA may grant permitting authority to states, and in Washington that regulatory authority resides with the Washington State Department of Ecology (Ecology). The current NPDES Western Washington Phase 11 Municipal Stormwater Permit(Permit)was issued by Ecology on July 1, 2019 and went into effect on August 1, 2019. The Permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) Plan that addresses and directs the following nine Permit components: I) Stormwater Planning 2) Public Education and Outreach 3) Public Involvement and Participation 4) NIS4 Mapping and Documentation 5) Illicit Discharge Detection and Elimination 6) Controlling Runoff from New Development, Redevelopment, and Construction Sites 7) Operations and Maintenance 8) Source Control Program for Existing Development 9) Monitoring In addition to the SWMP Plan, Permit Section S9 "Reporting Requirements" also requires the City to submit an Annual Report intended to update Ecology on the status of the City's compliance with Permit requirements. Annual Reports must be submitted to Ecology on or before March 31 st of each year. In an effort to determine the best methods for meeting Permit requirements, City staff engages with Ecology and several regional forums on a consistent basis, City staff prepared the following documents (attached)to meet the 2020 Annual Report and SWMP Plan update requirements specified in the Permit: * 2020 Annual Report * Stormwater Management Program (SWMP) Plan Update 8 2020 NPDES Annual Report City of Federal Way 2020 Annual Report Questions for the Western Washington Phase II Municipal Stormwater Permit The NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) requires all Permittees to submit annual reports describing the progress of their Permit implementation activities. Annual reports cover the previous calendar year's activities, unless otherwise specified, and must be signed by the responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 94 questions and requires the preparation of several supporting documents. The Annual Report must be submitted online through Ecology's WQWebPortal service. Permit Number Section Y or N Question Reporting Requirements and Stormwater Management Program(SWMP) Attach a copy of any annexations, 1 S9.D.6 N/A incorporations, or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage. M............v _._...._ Attach updated annual Stormwater 2 S5.A.2 Attachment 1 Management Program Plan (SWMP Plan). ............W__ ... ... ........................ Implemented an ongoing program to gather, 3 S5.A.3 Y track, and maintain information perS5.A.3, including costs or estimated costs of implementing the SWMP. Coordinated among departments within the 4 S5.A.5.b Y jurisdiction to eliminate barriers to permit compliance. Attach a written description of internal 4a S5.A.5.b N/A coordination mechanisms. (Required by March 31, 2021) Stormwater Planning Have you convened an interdisciplinary team to 5 S5.C.1.a Y inform and assist in the development, progress, and influence of the stormwater planning program? (Required by August 1, 2020) _uuuuuuu .� _. *Questions 6—14 are required by March 31, 2021 &January 1, 2021 _................. List the relevant land use planning efforts that S5.C.1.b.i have taken place in your jurisdiction (land use 6 (a) and (b) N/A plans that are used to accommodate growth, stormwater management, or transportation). N/A List of stormwater capital projects (currently in 7 S5.C.1.b.i or slated for future design and construction) (a) and (b) that resulted from this planning. Page 1 of 13 9 2020 NPDES Annual Re ort City of Federal Way ..................-. ......... ..._ _ ............. Describe the watershed protection measures S5.C.1.b.i associated with stormwater management and 8 (a) and (b) N/A land use planning actions that resulted from this planning. ........ .. Were land acquisitions identified (or are planned S5.C.1.b.i ahead for)that are useful for stormwater 9 (a) and (b) N/A facilities to accommodate growth or to better serve an existing developed area? S5.C.1.b.i / If yes,for what purpose? 9a (a) and (b) N A Identified corrective actions, in addition to the min. requirements of the Municipal Stormwater S5.C.1.b.i Permits to control or treat municipal stormwater 10 (a) and (b) N/A discharges that pollute waters of the State (e.g. limits to impervious cover added to any zoning districts, regional facility planning, minimization of vegetation loss, etc.)? ...._ ...._ ..... ... ._. . ........ .._ 10a S5.C.1.b.i N/A If yes, briefly describe and list relevant plan or (a) and (b) / code sections, if applicable. S5.C.1.b.i Updates to goals and policies related to 11 (a) and (b) N/A investment in stormwater management facilities/BMPs? (yes/no) ................. 11a S5.C.1.b.i N/A If yes, briefly describe. (a) and (b) ..... __.........................._.. Does the long-range plan identify location and S5.C.1.b.i existing capacity of the stormwater facilities 12 (a) and (b) N/A owned or operated by the Permittee and show which of those stormwater facilities have ...... unused capacity? ._ _. . _._....... ........ Do these stormwater facility locations impact 12a S5.C.1.b.i N/A where housing, or other types of development, (a) and (b) are projected to be located or influence the acquisition of land? (If yes, how?) �._. ....... _....... ............. Does the long-range plan identify a lack of 12b S5.C.1.b.i N/A facilities and the potential impacts of existing or (a) and (b) new development to those areas and receiving waters? S5.C.1.b.i Any new proposed locations and capacities of 12c (a) and (b) N/A stormwater facilities needed for the timeframe of the plan? Based on the projected population densities and distribution of growth over the planning period, S5.C.1.b.i describe how stormwater runoff impacts are 13 (a) and (b) N/A forecasted. Does stormwater management information (including water quality) direct . ....................._. where growth is directed? Page 2 of 13 10 2020 NPDFS Annual Report City of Federal Way ....._ ._._.. 55.C.1.b.i Did you submit a report as describe in 14 (b) N/A S5.C.1.b.i(b)? Continue to design and implement local development-related codes, rules, standards, or 15 S5.C.1.c.i Y other enforceable documents to minimize impervious surfaces, native vegetation loss, and stormwater runoff, where feasible?(Required annually) From the assessment described in S5.C.1.c.i(a), 16 S5.C.1.c.i N did you identify any administrative or regulatory (a) barriers to implementation of LID Principles or LID BMPs?(Required annually) ........... S5.C.1.c.i If yes, describe the barrier(s) and the measures 16a (a) N/A taken to address them. *Questions 17—19a are required by March 31, 2022,June 30, 2022 & March 31, 2023, as noted, Developed a watershed inventory?(To be 17 S5.C.1.d.i N/A submitted by March 31, 2022) �.... ...... _ .. 17a S5.C.1.d.i N/A Attach watershed inventory. _ww _ __elo _ ...�...-...�...�...................� Devped a receiving water prioritization 18 S5.C.1.) N/A ethod and process? (Required by June 30, {a)-(c) 12r,022) 18a S5.C.1.d.ii N/A Attach receiving water priority ranking process. (a)-(c) �. _ _ ........v. Developed a Stormwater Management Action 19 S5.C.1.d.iii N/A Plan (SMAP)for at least one high priority area? (Required by March 31, 2023) 19a S5.C.1.d.iii N/A Attach SMAP(s), Education and Outreach �. .. Did you choose to adopt one or more elements 20 S5.C.2 Y of a regional program? City of Federal Way Surface If yes, list the elements, and the regional Water Management (SWM) program. staff co-branded education and outreach materials, Facebook posts, and e- 20a S5.C.2 newsletter content with the regional Puget Sound Starts Here campaign.SWM also adopted the regional Spill Kit Outreach program by providing outreach to businesses in Federal Way. Page 3 of 13 11 2020. NPDES Annual Report City of Fed'er'al Way Attach a description of general awareness 21 S5.C.2.a.i Attachment 2 efforts conducted, including your target audiences and subject areas, per S5.C.1.a.i. �..._.-.- ....... ........................... _ ...............� Conducted an evaluation of the effectiveness of 22 S5.C.2.a.ii N/A the ongoing behavior change program and (b) documented recommendations as outlined in S5.C.2.a.ii(b). (Required by July 1, 2020) 22a S5.C.2.a.ii N/A If not, explain. (b) Developed a behavior change campaign that is W 23 S5.(.j.a.ii N/A tailored to the community in accordance with SS.C.2.a.ii(c)? (Required by February 1, 2021) 23a S5.C.2.a.ii N/A Attach the strategy and schedule. (c) S5.C.2.a.ii Began implementing the strategy outlined in 24 N (d) /A S5.C.2.a.ii(c). (Required by April 1, 2021) Attach the report developed in accordance with S5.C.2.a.ii(e), which evaluated the changes in understanding and adoption of targeted 25 SS.(e. j.a.ii N/A behaviors resulting from the implementation of the strategy and any planned or recommended Changes to the program in order to be more effective. (Required by March 31, 2024) Promoted stewardship activities(or partnered 26 S5.C.2.a.iii Y with others)to encourage resident participation in activities such as those described in S5.C.2.a.iii. -......... W___ ....... ..-................. Attach a list of stewardship opportunities 26a S5.C.2.a.iii Attachment 3 promoted. Public Involvement and Participation Opportunities for public Describe the opportunities created for the participation and comment public, including overburdened communities,to involving the Stormwater participate in the decision-making processes Management Program involving the development, implementation, and (SWMP)were available at the updates of the Permittee's SWMP and the Land Use and Transportation SMAP, Committee and City Council 27 S5.C.3.a meetings when the SWMP and Annual Report are reviewed. Public comment was also encouraged via the City's website, e-newsletter, and Facebook, and the public input meeting about the SWMP was also advertised on Page 4 of 13 12 2020 NPDES Annual Report City of Federal Way . M........................ _..._ ................. these platforms. The City reached out to overburdened communities by translating all outreach materials into Spanish (the second most spoken language in Federal Way) and advertising the public input meeting about the SWMP through Spanish language news media.The City also made interpreters available upon request for the public input meeting. *Public involvement for the SMAP will occur in 2022 as it is being developed by the City. ............ .. ...... ..............._ Posted the updated SWMP Plan and latest 28 S5.C.3.b Y annual report on your website no later than May 31 of each year? �.�.... � ........ __....... ........ ..... ..... 28b S5.C.3.b https://www.cityoffederalway List the website address. .com/surfacewater MS4 Mapping and Documentation 29 S5.C.3.a. Y Maintained a map of the MS4 including the i-vii requirements listed in S5.C.4.a.i.-vii? .�..... ............. ............................. ._. Started mapping outfall size and material in 30 S5.C.4.b.i Y accordance with S5.C.4.b.i? (Required to start by January 1, 2020) Attach a spreadsheet that lists the known 30a S5.C.4.b.i N/A outfalls' size and material(s). (March 31, 2021) Completed mapping connections to private 31 S5.C.4.b.ii N/A storm sewers in accordance with S5.C.4.b.ii? (Required by August 1, 2023) Developed an electronic format for mapping, 32 S5.C.4.c N/A with fully described mapping standards in accordance with S5.C.4.c?(Required by August 1, 2021) Illicit Discharge Detection and Elimination SWM utilizes its Public Informed public employees, businesses, and the Education and Outreach general public of hazards associated with illicit 33 S5.C.5.b Program to inform staff, discharges and improper disposal of waste. residents,and businesses Describe actions in Comments field. about hazards associated with illicit discharges. Examples of Page 5 of 13 13 2020 NPDES Annual Report Cit ,of Federal Wa ... ...__... outreach methods used include: newsletters, staff training, public workshops, business inspections, mailings, and participation in regional campaigns. Implemented an ordinance or other regulatory 34 S5.C.5.c Y mechanism to effectively prohibit non- �.__. ......_ stormwater, illicit discharges. Implemented procedures for conducting illicit 35 S5.C.5.d.i Y discharge investigations in accordance with S5.C.3.c.i. The City utilizes the Federal Cite field screening methodology, Way Illicit Discharge Detection and Elimination Field Procedures and Response Plan, which references the following two guidance documents: Illicit Discharge 35a S5.C.5.d.i Detection and Elimination:A Guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection; and, the Illicit Connection and Illicit Discharge Field Screening and Source Tracing Guidance Manual, King County, Herrera. ................... .._._........... .................... Percentage of MS4 coverage area screened in 36 S5.C.5.d.i 62% reporting year per S5.C.5.d.i. (Required to screen 12%on average each year.) The percent of MS4 screened Cite field screening techniques used to was calculated using a determine percent of MS4 screened. weighted average of the percentage of municipally- 36a S5.C.5.d.i owned outfalls inspected during dry weather outfall inspections combined with the percentage of municipally- owned catch basins that were inspected in the City. ...........—.. ........... ._.................................... .. ............. Percentage of total MS4 screened from permit 37 S5.C.5.d.i 62% issuance through the end of the reporting year. .__........ ........................... The spill reporting hotline is Describe how you publicized a hotline telephone publicized on the City's number for public reporting of spills and other 38 S5.C.5.d.ii website and through the illicit discharges in the Comments field. monthly e-newsletter. Page 6 of 13 14 2020 NP13ES Annual Report City of Federal Way _._._............. ....... ........_._..............._....................................... Implemented an ongoing illicit discharge training 39 S5.C.5.d.iii Y program for all municipal field staff. _..___ _... ............................... Implemented an ongoing program to 40 S5.C.5.e Y characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.5.e. _..... ..... ............. . Municipal illicit discharge detection staff trained 41 S5.C.5.f Y to conduct illicit discharge detection and elimination activities as described in S5.C.5.f. .............. _......-._... ............................... Attach a report with data describing the actions taken to characterize,trace, and eliminate each illicit discharge reported to, or investigated by, 42 S5.C.3.d.iv Attachment 4 the Permittee as described in S5.C.5.g.The submittal must include all of the applicable information and must follow the instructions, timelines, and format described in Appendix 12.. Controlling Runoff from New Development, Redevelopment, and Construction Sites Implemented an ordinance or other enforceable 43 S5.C.6.b. Y mechanism to effectively address runoff from i-iii new development, redevelopment, and construction sites. .__..... ............ Revised ordinance or other enforceable mechanism to effectively address runoff from 44 S5.C.6.b. N/A new development, redevelopment, and i-iii construction sites per the requirements of S5.C.6.b.i-iii. (Required by June 30, 2022.) Section 16.20.010 of the King Cite code reference. 44a S5.C.6.b, County Surface Water Design i-iii Manual and Section 16.25 of the Federal Way Revised Code Number of adjustments granted to the minimum 45 S5.C.6.b.1 0 requirements in Appendix 1. Number of exceptions/variances granted to the 46 S5.C.6.b.i 0 minimum requirements in Appendix 1. ..._............... ..... .-...__...... ................... . Reviewed Stormwater Site Plans for all proposed 47 S5.C.6.c.i Y development activities that meet the thresholds adopted pursuant to S5.C.6.b.i. ..........._ .. .......... _._._._._._........ ..... Number of site plans reviewed during the 47a S5.C.6.c.i 152 reporting period. Page 7 of 13 15 2020. NPQES Annual Report City of Federal Wa _......... ........................... .�. _......... ... .......................................... _ Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined 48 S5.C.6.c.ii Y through plan review based on definitions and requirements in Appendix 7—Determining Construction Site Sediment Damage Potential? _......__... .—---_----._._._-._.-._._._-_._._._._-------------------._. If no, inspected prior to clearing and 48a S5.C.6.c.ii N/A construction, all construction sites meeting the minimum thresholds? ........ ......... ......._.....-......--- Inspected ... -Inspected permitted development sites during construction to verify proper installation and 49 S5.C.6.c.iii Y maintenance of required erosion and sediment controls per S5.C.6.c.iii. w-- _...___._ ..................._.w Number of construction sites inspected per 49a S5.C.6.c.iii 32 S5.C.6.c.iii. �. ..... ........... "_.__.�....�......__..._.._......__..._____ Inspected stormwater treatment and flow control BMPs/facilities and catch basins in new 49b S5.C.6.c.iv Y residential developments every 6 months per S5.C.6.c.iv? Inspected all permitted development sites upon 50 S5.C.6.c.v Y completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. .............. .... .......... ......... __..w. ,..........................._..._....... Verified a maintenance plan is completed and responsibility for maintenance is assigned for 51 S5.C.6.c.v Y projects prior to final approval and occupancy being granted. .. .................. Number of enforcement actions taken during 52 S5.C.6.c. 6 the reporting period (based on construction viii phase inspections at new development and redevelopment projects per S5.C.6.c.ii-iv). _................. ........................_..._...._. ._........-..�............ .. Achieved at least 80%of scheduled 53 S5.C.6.c.vi Y construction-related inspections. ................. _. .......... . Made Ecology's Construction Stormwater General Permit Notice of Intent and the 54 S5.C.6.d Y Industrial Stormwater General Permit Notice of Intent available to representatives of proposed new development and redevelopment? Page 8 of 13 16 2020 NPDES Annual Report City of Federal Way ..-..-..-.. ............................... ..........................................................................._.. All staff whose primary job duties are implementing the program to control stormwater runoff from new development, 55 S5.C.6.e Y redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement, are trained to conduct these activities? Operations and Maintenance II Implemented maintenance standards that are as protective, or more protective, of facility function than those specified in the Stormwater 56 S5.C.7.a Y Management Manual far Western Washington or a Phase I program approved by Ecology per S5.C.7.a? ................. Updated maintenance standards specified in the 57 S5.C.7.a N/A Stormwater Management Manual for Western Washington per S5.C.7.a? (Required by June 30, 2022) Applied a maintenance standard for a facility or facilities which do not have maintenance standards specified in the Stormwater 58 S5.C.7.a N/A Management Manual far Western Washington? If so, note in the Comments field what kinds of facilities are covered by this alternative standard. ...._.._.._.._.._. _ ...... Verified that maintenance was performed per 59 S5.C.5.a.ii N the schedule in S5.C.7.a.ii, when an inspection identified an exceedance of the maintenance standard. .__....... ......... Attach documentation of maintenance time 59a S5.C.7.a.ii Attachment 5 frame exceedances that were beyond the Permittee's control. ................... ..... ........._ ................ ......_.__._..........� Implemented an ordinance, or other S5.C.7.b.i enforceable mechanisms, to verify long-term 60 Y operation and maintenance of stormwater (a) treatment and flow control BMPs/facilities regulated by the Permittee? _......_..............� .__ ..__..... S5.C.7.b.i Annually inspected stormwater treatment and 61 (b) Y flow control BMPs/facilities regulated by the Permittee? 61a ........... ��������� _. _____________________________________________________ S5.C.7.b..i..... If using reduced inspection frequency for the (b) first time during this permit cycle, attach documentation. ....... .... _.. .._..............._ Achieved at least 800 of scheduled inspections 62 S5.C.7.b.ii Y to verify adequate long-term O&M. Page 9 of 13 17 2020 NPDES Annual Report City of Federal Wav ..... ....... ............................ .......__. Annually inspected all municipally owned or 63 S5.C.7.c.i Y operated stormwater treatment and flow control BMPs/facilities? .�..._.._.__ �._.�.�._. Number of known stormwater treatment and 63a S5.C.7.c.i 553 flow control BMPs/facilities owned or operated by the Permittee. 63b S5.C.7.6 424 Number of facilities inspected during the reporting period. .�_.............. __ _ m.. 63c S5.C.7.c.i 337 Number of facilities for which maintenance was performed during the reporting period. If using reduced inspection frequency for the 64 SS.C.7.6 N/A first time during this permit cycle, attach documentation. Conducted spot checks and inspections, if 65 S5.C.7.c.ii Y necessary, of potentially damaged stormwater facilities after major storms. ............ ......... .............._......._.. Inspected catch basins owned or operated by 66 S5.C.7.c.iii Y the Permittee every two years or used an alternative approach? Number of known catch basins? 66a S5.C.7.c.iii 12,756 ... ....__. _ ........ ................................................ Number of catch basins inspected during the 66b S5.C.7.c.iii $ 025 reporting period? _........................................_._..._. Number of catch basins cleaned during the 66c S5.C.7.c.iii 1,838 reporting period? ......... _ ..._. ........ Attach documentation of alternative catch basin 67 S5.C.7.c.iii N/A cleaning approach, if used. (S5.C.5.d.i or ii) _u.. _... .._.._..._._.._.._._-- Implemented practices, policies, and procedures to reduce stormwater impacts associated with 68 S5.C.7.d Y runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. Documented practices, policies, and procedures to reduce stormwater impacts associated with 69 S5.C.7.d N/A runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (Required by December 31, 2022) 69aS5.C.7.d N/A Cite documentation in Comments field. .._._._ ........ _ ........... Implemented an ongoing training program for 70 55.C.7.e Y Permittee employees whose primary construction, operations,or maintenance job functions may impact stormwater quality. Page 10 of 13 18 2020 NPDES Annual Report Citv of Federal Wav ......... .......... ........................................... ..... Implemented a Stormwoter Pollution Prevention Plan (SWPPP)for all heavy equipment maintenance or storage yards, and material 71 S5.C.7.f Y storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. ........ Updated, if needed, SWPPPs according to 72 S5.C.7.f Y S5.C.7.f no later than December 31, 2022., Source Control Program for Existing Development ........... *Questions 73-74a are required by August 1, 2022 �__ . ...... ........ _... Adopted ordinance(s), or other enforceable documents, requiring the application of source 73 S5.C.8.b.i N/A control BMPs for pollutant generating sources associated with existing land uses and activities per S5,C,8.b.i. Cite ordinance in Comments field. �._.. . ............--. ..... .... ... ........— Established an inventory of sites for source 74 S5.C.8.b.ii N/A control inspections per S5.C.8.b.ii. ......... ......... ...... .. .................................. Number of total sites identified for the 74a S5.C.8.b.ii N/A inventory. *Questions 75—79 are required by January 1, 2023 _........._ ..........._. .._._...... _ . 75 S5.C.8.b.iii N/A Implemented an inspection program per S5.C.8.b.iii. ......—.__—.....uuuu _ 76 S5.C.8.b.iv N/A Implemented a progressive enforcement policy per S5.C.8.b.iv. _......... ...... _.M ......... [Attahc a summary of actions taken to implement iii-iv 77 S5 i-iv . N/A the source control program per S5.C.8.b.iii and S5.C.8.b.iv. Attach a list of inspections, per S5.C.8.b.iii, 78 S5.C.8.b.iii N/A organized by business category, noting the number of times each business was inspected and if enforcement actions were taken. _._... ._..... ....—...._._._._. _._.._.. .. Implemented an ongoing source control training 79 S5.C.8.b.v N/A program per S5.C.8.b.v? Compliance with Total Maximum Daily Load Requirements Complied with the Total Maximum Daily Load 80 S7.A N/A (TMDL)-specific requirements identified in Appendix 2. ............... ......... 80a S7.A N/A List any requirements that were not met. Page 11 of 13 19 2020 NPDES Annual Report Citv of Federal Way ................................. ._ ...... For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 81 57.A N/A activities to address the applicable TMDL parameter(s). Monitoring and Assessment Submitted payment for cost-sharing for Stormwater Action Monitoring (SAM) status and 82 S8.A.1 y trends monitoring no later than December 1, 2019; and no later than August 15 of each subsequent year. Notified Ecology by December 1, 2019, which 83 S8.A.2 Y option you selected: S8.A.2.a or S8.A.2.b. _..... .. ........ Submitted payment for cost-sharing for SAM effectiveness and source identification studies 84 S8.13.1 Y no later than December 1, 2019; and no later than August 15 of each subsequent year. ..............._. ._ ..........___�. Notified Ecology by December 1, 2019, which 85 S8.13.2 Y option you selected: S8.B.2,a or S8.6.2.b. ................ -......... ........ .......___M ............. If conducting stormwater discharge monitoring 86 S8.C.1.b N/A in accordance with S8.C.1, submitted a QAPP to Ecology no later than February 1, 2020? If conducting stormwater discharge monitoring in accordance with S8.C.1, attach a data and 87 S8.C.1 N/A analysis report per S8.C.1 and Appendix 9. (Due annually beginning March 31, 2021) General Conditions and Compliance with Standards Notified Ecology in accordance with G3 of any 88 G3 y discharge into or from the Permittee's MS4 which could constitute a threat to human health, welfare, or the environment. _.................. ........__ Took appropriate action to correct or minimize 89 G3.A Y the threat to human health, welfare, and/or the environment, per G3.A. ............................__._. ... ........... Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's 90 S4.F.1 Y MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. If requested, submitted an Adaptive 91 S4.F.3.a N/A Management Resp59aonse report in accordance with S4.F.3.a. Page 12 of 13 20 2020 NPOES Annual Report City of FederLI Way __ ....... �._._._._._._. ._._._....... .... Attach a summary of the status of implementation of any actions taken pursuant 92 S4.F.3.d N/A to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. Notified Ecology of the failure to comply with 93 G20 y permit terms and conditions within 30 days of becoming aware of the non-compliance. 1; exceedance of timeframe Number of non-compliance notifications (G20) 94 G20 for maintenance of catch provided in reporting year. List permit basins(S5.C.7.a.ii—See conditions described in non-compliance Attachment 5) notification(s) in the Comments field. Page 13 of 13 21 2020 NPDES Annual Report- Attachment 1 City of Federal Way Attachment 1 - Stormwater Management Program Update Introduction The National Pollutant Discharge Elimination System (NPDES) Permit Program is a requirement of the Federal Clean Water Act intended to protect and restore waters for "fishable and swimmable" uses. The Federal Environmental Protection Agency delegated permitting authority to state environmental agencies. In Washington,the NPDES-delegated authority is the Washington State Department of Ecology(Ecology).Since the City of Federal Way(City) operates a small municipal separate storm sewer system (MS4)that serves less than 100,000 people, it is designated as a "Phase II" community and must comply with Ecology's NPDES Western Washington Phase II Municipal Stormwater Permit (Permit).The first Permit was issued to the City in 2007, and the current, updated Permit was issued in July 2019 and became effective as of August 1, 2019. The Permit allows municipalities to discharge stormwater runoff from the MS4 into the State's water bodies (e.g., streams, rivers, lakes, wetlands, Puget Sound, etc.) as long as municipalities implement measures to protect water quality to the "maximum extent practicable" through the application of best management practices(BMPs).These required practices,specified in the Permit,are outlined in and implemented through the City's Stormwater Management Plan (SWMP). Permit Section S5.A.2 requires that the City detail "activities for the upcoming calendar year" in order to meet Permit requirements. These activities are documented within the SWMP and organized according to the following program components as outlined in the Permit: • Stormwater Planning (S5.C.1) • Public Education and Outreach (S5.C.2) • Public Involvement and Participation (S5.C.3) • MS4 Mapping and Documentation (S5.C.4) • Illicit Discharge Detection and Elimination (S5.C.5) • Controlling Runoff from New Development, Redevelopment, and Construction Sites (S5.C.6) • Operations and Maintenance (S5.C.7) • Source Control Program for Existing Development (S5.C.8) • Monitoring and Assessment (S8) The goal of the SWMP is to apply all known and reasonable technologies (AKART) to reduce the discharge of pollutants into area receiving waters, protect surface waters from water quality degradation, and conserve aquatic ecosystems. 22 Page 1 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Stormwater Planning The Surface Water Management (SWM) Division began , preparing for the new Stormwater Planning Program Permit requirements by including the applicable milestones and deadlines in the SWM Comprehensive Plan update, completed r by Herrera Environmental Consultants (Herrera) in 2019. SWM looks forward to expanding its stormwater planning efforts to better address high priority sub-basins in Federal Way ands"� develop actionable steps for improving watershed health in the community. l Stormwaternvene Planning Program anInter-disciplinaryorTeam or the � .9 9 9 q Development of an inter-disciplinary team was required as part of the Low Impact Development (LID)code review and revision 'kk process for the 2013-2019 Permit. This inter-disciplinary team also provided feedback during the Surface Water Management (SWM) Comprehensive Plan kickoff meeting in 2018. In 2020, SWM staff will review the inter-disciplinary team membership and revise if necessary to best meet the needs for future Stormwater Planning Program efforts. The revised team will convene prior to the August 1, 2020 deadline to discuss stormwater planning Permit requirements and draft a plan of action. SS.C.1.b: Coordinate with Long-Range Plan Updates to Address Water Quality A summary of coordination with long-range planning efforts has not been prepared in the past by the City, due to the lack of this requirement in the 2013-2019 Permit. In 2020,SWM staff will begin an analysis of past efforts to address stormwater impacts on water quality within long-range planning processes at the City, to be submitted by the March 31, 2021 deadline. S5.C.1.c: Continue Requiring LID Principles and BMPs When Updating City Codes & Standards Per the 2013-2019 Permit requirement, the following documents and code were reviewed for the initial LID code review in 2016: i Federal Way Revised Code (FWRC) * King County Stormwater Design Manual (KCSWDM) • Federal Way Addendum to KCSWDM • Table 1 Development Standards (2015 Development Standards Manual) • King County Stormwater Pollution Prevention Manual • LID Manual Puget Sound The City's Development Services Division continues to review and revise Development Standards in accordance with LID principles, and in 2020 is working to revise the standards for municipal roadway cross- sections to align with LID standards. 23 Page 2 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way S5.C.1.d.i: Document and Assess Receiving Waters and Create a Watershed Inventory In 2019, Herrera prepared a Basin Characterization Technical Memorandum as part of the SWM Comprehensive Plan update. This Memorandum will be reviewed and revised as needed in 2020 and 2021 to meet the watershed inventory reporting requirement due in early 2022. SS.C.I.d.ii Develop and Implement a Receiving Water Prioritization Method and Process In 2019, Herrera also began preparing a Receiving Water Prioritization Method and Process as part of the SWM Comprehensive Plan update. Concurrent with the Basin Characterization Technical Memorandum (to be finalized in late 2021), this framework will be updated as needed to meet Permit requirements, and will be submitted prior to the June 2022 deadline. SS.C. .d.iii: Develop a Stormwater Management Action Plan (SMAP)for at Least One High Priority Catchment Area Upon completion of the Basin Characterization Technical Memorandum and Receiving Water Prioritization Framework, the City will identify one high priority catchment area for which a Stormwater Management Action Plan (SMAP) will be developed in 2022, and submitted by the March 2023 deadline. 24 Page 3 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Public Education and Outreach The Surface Water Management Division (SWM) provides ongoing public education and outreach designed to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. SWM staff utilizes a variety of approaches to inform targeted audiences about stormwater issues and provides specific actions people can follow to minimize stormwater pollution. SS.C.2.a.i-ii: Implement an Education and Outreach Program to Build General Awareness and Affect Behavior Change for the Area Served by the City's MS4 A summary of educational activities that occurred in 2019 and that are scheduled for 2020 is provided as follows: • Continue to make improvements to the Storming the Sound with Salmon (SSS) Program. In 2018 and 2019 staff worked with Federal Way Public Schools (FWPS) to research the feasibility of developing a meaningful, age-appropriate experience for high school students that could serve as a culminating experience for the SSS program. However, due to shifting priorities and constraints on staff time, FWPS was unable to provide resources in time to meet the City's schedule for project completion. This project is thus on hiatus for the near future. SWM continues to work closely with FWPS and will look for other opportunities to institute a high school level learning experience. • Continuethe salmon release event in sfor the SS pro ram and make meaningful changes spring g program g g to the program's implementation. Each year, students participate in a daylong field trip to release their Salmon r into the West Hylebos Creek and participate in water and �� ecological related presentations and activities led by City staff and several volunteer environmental organizations. Past release events were open to classes in grades K-6,but thanks to King County Waterworks grant funding in 2017- 19, SWM was able to work with FWPS to develop new program curriculum specifically targeted for 4th grade students. As part of that new curriculum, the release event will now be a grade-level experience for all 4th graders beginning in 2020. This improvement will allow staff to have more control over the educational station content, and make it more age appropriate and better aligned with Next Generation Science Standards.The WaterWorks grant also helped fund the creation of a Town Square Park Field Trip Guide, completed in 2019. The Field Trip Guide is focused on the benefits of low impact development for stormwater and salmon, and will be an optional grade-level experience for 5th graders in 2020. • Develop an Interlocal Agreement (ILA) with FWPS to standardize SSS implementation for all schools that participate. The ILA will also provide clearly defined areas of responsibility for the City and for the School District and provide a framework for program sustainability. 25 Page 4 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way • Continue to partner with the Environmental Coalition of South Seattle (ECOSS) to provide stormwater education and free spill kits to businesses in the automotive and restaurant industries. ECOSS provides stormwater inspection support,customized spill plans,and spill response training for managers and employees. Until 2018, ECOSS was funded by regional grants to provide this outreach effort to twenty area businesses, particularly to businesses that had multi-lingual employees. Although grant funding is no longer available, SWM intends to continue this program in 2020, targeting outreach to businesses with a high potential for generating stormwater pollutants and are prone to spills, such as restaurants and automotive support service businesses. In 2019, SWM staff also completed the 2013-19 Permit Cycle Spill Analysis that will help to inform which businesses to select for future participation in the ECOSS program based on potential for, or known history of, prohibited discharges and/or spill events. • Continue to produce newsletters and other publications that address a variety of topics on pollution prevention and general awareness of stormwater related issues. In August 2018, SWM switched to a shared monthly e-newsletter with the City's Solid Waste Division. This has enabled SWM to reach a wider audience, and to provide more time-sensitive information related to upcoming events and Permit-related issues. • Continue to sponsor stormwater and environmental related workshops. Since 2017 the City has partnered with a locally-owned fresh food marketplace to host the City's Green Living Workshop Program in an effort to increase awareness of this program. Due to declining attendance numbers in 2018 and 2019,and changes to the workshop structure made by the venue,SWM and the City's Solid Waste & Recycling Division have decided to hold Green Living Workshops at the South King County Tool Library in 2020. This venue location is a natural choice as it will allow participants to attend workshops on topics such as green cleaning, natural lawn care,or rain gardens,and then immediately borrow the needed tools from the tool library,thus eliminating a significant barrier to implementing the knowledge they gain from the workshops. • As a result of local organizations increasing their use of charity car wash ticket programs run through the Pacific Northwest Car Wash Association and Brown Bear Car Wash, the City began reducing the number of fish friendly car wash kits available to the public in 2018.These kits are designed to divert wash water to the sanitary sewer system and are loaned out by the City for charity car washes at no cost. Due to more organizations using external charity car wash ticket programs, kits are being checked out less frequently. In 2020, SWM will continue to encourage the use of charity car wash ticket programs and other alternative fundraising options, but kits are still available to the public if requested. • In 2019, staff provided general stormwater outreach to residents at Federal Way Farmer's Markets and other free community events such as Kids Day and Shakespeare in the Park at Steel Lake Park, and the Mayor's State of the City address. Staff will continue tabling at community events in 2020. Il; f • Continue to provide educational markers for installation near catch basins that drain to the City's MS4. The markers inform the public that 26 Page 5 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way the storm drains discharge to local waterways.Additionally, in 2019 SWM began using volunteers to map where curb markers exist within the City and in what condition they are in. SWM will continue to map curb marker locations and conditions in 2020. • In 2019, staff worked to enlist the help of local pet-related businesses to disseminate the Scoop the Poop message. Outreach consisted of a direct A,N letter to local pet-related businesses,social media posts, and a pet waste specific page on the Surface Water website. Water quality staff planned on conducting monthly fecal testing within the watershed to determine trends in water quality data; however, due to the difficulty of positively connecting the presence of fecal coliform to a specific animal, coupled with the prohibitive cost of DNA sampling,staff decided not to pursue this A in 2019.At this point in time, resources are too constrained to continue aa� , robust pet waste program, but SWM will continue promoting the Scoop the Poop message online and at community events in 2020, and will continue to look for opportunities to expand the program. • Continue to partner with Solid Waste & Recycling Division staff to initiate Social Media Marketing efforts in 2020, which consists of a Public Works Facebook page and a monthly Constant Contact e- newsletter. SWM will use the page to reach a broader segment of the City's residents, and to advertise events, promote programs, and post related news and events from other sources to increase awareness of stormwater related issues. In 2019, staff continued to expand the number of education and outreach materials offered in languages besides English. SWM worked with a consultant to create two new interpretive signs for two different City parks that are in both English and Spanish. In 2020, SWM will advertise for the SWMP public input meeting in both English and Spanish for the first time, and make interpreters available upon request. • In 2020, SWM staff will be launching Phase I of the Storm Drain ArtWalk Project. The goal of the project is to use public art to increase education and awareness about the role of storm drains in our community. This initial phase of the project will involve recruiting local artists to paint stormwater- themed murals on 4-6 storm drains within the "downtown core" of Federal Way. S5.C.2.a.iii:Provide and Advertise Stewardship Opportunities • In 2019 SWM staff implemented a new Stream Team program. Two volunteer trainings were held during the fall,and volunteers began regular water quality monitoring in ,-, October. Volunteers will continue monitoring in 2020,and trainings for new volunteers will be held again in fall 2020. 27 Page 6 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way In 2019 the City partnered with the Lake Observations by Citizen Scientists & Satellites (LOCSS) program, run by the University of Washington, University of North Caroline Chapel Hill and NASA, to ; install two lake level gauges in Federal Way. The gauges were installed at Steel Lake and North Lake.The goal of the program is to ��� use citizen scientists to better understand how and why lake levels change over time. In 2019 citizen scientists reported lake level data a total of 156 times between the two sites. In-2020 the gauges will ° remain in place and data will continue to be collected. Continue to host volunteer events that encourage public participation in stewardship activities. Activities may include storm �l drain marking, storm drain marker mapping, removing invasive � ;rc plants species, planting native vegetation, and removing garbage 1; and debris from local waterbodies. 28 Page 7 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Public Involvement& Participation The City encourages the public and interested parties to participate in the decision-making process involving the development and implementation of NPDES Permit related activities and programs. SS.C.3.a: Create Opportunities for the Public to Participate in the Development, Implementation, and Update of the City's SMAP and SWMP Opportunities for public participation in the development of the SWMP include the following: • January 29,2020: Public Input Meeting on the City's Storm Water Management Program (SWMP) Plan; • March 2, 2020: Land Use and Transportation Committee meeting; • March 17. 2020: City Council meeting.The Council reviews the programmatic and policy changes proposed under the SWMP and allows public comment on all agenda items. Opportunities for public participation in the development of the SMAP will be considered and planned by the inter-disciplinary team that will be convened by August 1, 2020. SS.C.3.b:Post the SWMP Plan and Annual Report on the City's Website • The City's Surface Water Management webpage displays the updated SWMP and the Annual Report. Opportunity for public comment and participation is made possible via e-mail year-round. 29 Page 8 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way MS4 Mapping and Documentation The City of Federal Way works maintain the most up date and accurate maps possible with regards to the Cit the MS4, and private connections into the MS4. These maps assist with operations and maintenance of the stormwater system, private and public stormwater system inspections, IDDE source tracing and identification,and mitigating potential downstream impacts of stormwater pollution. S5.C.4.a: Maintain Ongoing Mapping Data In 2019, SWM performed routine updates to the MS4 mapping based on findings from the City's Video Inspection Program, new development or redevelopment as-builts,and field verifications from utility locates. These efforts will be continued in 2020. Additionally, under a consultant contract for the SWM Comprehensive Plan update, sub-watershed basin boundaries will be reviewed for possible adjustment and mapping updates. S5.C.4.b: Update Outfall Mapping & Complete Mapping of All Known Connections from the MS4 to Privately Owned Stormwater Systems Outfall inspections aimed at updating classifications(primary/secondary) and improving map accuracy were started in September 2018 and completed in 2019. Results were forwarded to GIS staff for inclusion in mapping updates in 2019,and will be completed in 2020.Any missing information on outfall size and material will be collected during summer of 2020, and will be added to GIS in late 2020 and completed in early 2021. In 2020, SWM will begin mapping all known connection points from 4 the MS4 to privately owned stormwater systems in GIS. New, private of stormwater infrastructure is updated in GIS on an ongoing basis, ensuring the most complete and up to date map at any given time. Mapping updates are noted for action by SWM staff when undocumented infrastructure is found through the source control, IDDE, and private commercial site program inspections. Additionally, any new development or construction that connects a private system to the public MS4 is mapped when the as-builts are submitted to SWM staff from the Development Services Division. S5.C.4.c: Utilize Electronic Format for Mapping The City has utilized GIS data and mapping since 1997. The City continues to use ESRI ArcGIS (Enterprise 10.6.1, Desktop 10.6.1, Pro 2.4.3) and AutoDesk AutoCAD (2019, Civil 3D 2019) for electronic mapping. S5.C.4.d-e: Provide Mapping Information, Upon Request, to Ecology, Indian Tribes, Municipalities, and Other Permittees Mapping requests from the public, Ecology, Indian Tribes, Municipalities, and Other Permittees are met on an ongoing basis. 30 Page 9 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Illicit Discharge Detection & Elimination Federal Way maintains a robust Illicit Discharge Detection & Elimination (IDDE) Program designed to prevent, detect, characterize,trace, and eliminate illicit connections and illicit discharges into the MS4. � t y; S5.C.5.a: Include Procedures for Identifying, Reporting, Correcting, and Removing Illicit Discharges and Illicit Connections in the IDDE Program f; In 2019,the SWM Water Quality Section continued to update the City's IDDE Field Procedures and Response Plan (Plan) that outlines procedures for identifying, reporting, correcting, and removing illicit discharges and illicit connections. In late 2018, the Plan was updated to include more consistent and timely enforcement measures to facilitate compliance and correct illicit discharges and corrections. In 2020, updates are being made to the enforcement sections of the Plan to include an abatement policy for sites that require immediate corrective action, or are continually noncompliant. S5.C.5.b: Inform Public Employees, Businesses, and the General Public about the Hazards Associated with Illicit Discharges and Improper Disposal of Waste In 2019,SWM staff worked to expand education and outreach efforts to multiple stakeholders regarding the various hazards associated with illicit discharges and improper disposal of waste. In 2020, SWM staff will continue to review and revise these efforts,which include: • Utilizing the updated IDDE Field Procedures and Response Plan for all incoming public employees to introduce them to the program and orient them with City procedures for investigating, identifying, enforcing, and eliminating illicit discharges and illicit connections; • Increasing the volume of technical assistance letters that are issued as a result of IDDE and source control investigations where the potential for prohibited discharges exist. These letters contain information about City Code regarding prohibited discharges, City enforcement policies and procedures if prohibited discharges do occur, and information regarding operational and structural BMPs that can assist with prohibited discharge prevention; Nii �� • Placing educational stickers on dumpsters during routine source control site inspections that remind businesses and multi-family housing establishments to close their dumpster lids to avoid leachate and other prohibited discharges; • Emphasizing the harmful effects of stormwater pollution when presenting to the general public at Farmer's Market booths and other local tabling events, and providing educational materials to citizens about residential BMPs,such as vehicle washing and proper pet waste disposal,and notifying them about City and County programs, such as the City's car wash kits and King County's hazardous waste disposal resources; • Educating participants in the City's Stream Team Program about the hazards of illicit discharges during the initial classroom training for inclusion in the program; and 31 Page 10 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way • Conducting education and outreach about illicit discharges through the Environmental Coalition of South Seattle (ECOSS) program that assists private businesses in the City with implementing and maintaining spill prevention and elimination procedures and spill kits. Furthermore, in 2020 an internal Public Works Department Communications team will be working to engage the general public in understanding what work the Public Works Department does in the community and also create more visible and accessible modes for citizens to report issues found within the City, including illicit discharges. S5.C.5.c: Implement an Ordinance or Other Enforceable Mechanism to Prohibit Illicit Discharges into the City's MS4 City Ordinance 09-619 prohibits non-stormwater discharges into the City's MS4, and Federal Way Revised Code (FWRC) Chapter 16.50 lists prohibited, allowable, and conditional discharges into Federal Way waters and storm drainage systems. Examples of illicit discharges include trash, food wastes, construction materials, petroleum products, sewage, paint, pesticides, fertilizers, soap, and sediment. The SWM Water Quality Section implements escalating enforcement procedures and actions pursuant to those outlined in FWRC Chapter 1.15. In 2019,SWM continued implementing the enforcement procedures that were updated in late 2018 to achieve more efficient compliance. These measures include enforcement of monetary penalties for violators that continually fail to comply. In 2020, SWM staff will incorporate an abatement procedure into the enforcement section of its IDDE program to further assist with compliance. S5.C.5.d-e: Implement an Ongoing Program to Detect, Identify, and Address Illicit Discharges, Including Spills and Illicit Connections, into the City's MS4 In 2019, the City met the Permit requirement for screening 40 percent of the City's stormwater system for illicit connections through recurring source control inspections, video inspections, and stormwater facility inspections.This program is ongoing, and in 2020 SWM staff will: • Continue to inspect private commercial stormwater systems that discharge into the City's MS4 to ensure maintenance complies with standards outlined in the Permit. SWM Staff incorporates an education and outreach program into the commercial site inspection program. This component provides advance notice and site-specific information of stormwater systems to property owners and their representatives. In addition, the outreach program provides information on BMPs targeted to each site's commercial activities and land use. In 2019, SWM staff emphasized source control best practices, both operational and structural, to help commercial property owners better understand how to prevent prohibited discharges on both a short-and long-term basis.This year, staff will work to incorporate more feedback mechanisms from property owners and managers to ensure outreach methods and materials are accessible and effective, and will use the collected data to update outreach efforts for commercial sites. • Continue to collect and analyze data on commercial site inspection results, enforcement actions, water quality violations, and compliance timelines to better inform commercial site and source control inspections. In 2018, data was collected and analyzed for the 2013-18 Permit Cycle, to 32 Page 11 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way prioritize sites for future inspection. The data includes land use, compliance history, and pollution risks associated with each site. In 2019, this analysis'was updated to include the first half of 2019 to create a complete 2013-19 Permit Cycle evaluation. • In 2019, SWM staff continued to use the VUEWorks data management program to report illicit discharges and connections, track staff response logs, and document enforcement actions. A spill analysis of the 2013-19 Permit cycle was completed in late 2019 to evaluate hot spots in the City for illicit discharges, and was broken down by type of discharge,drainage basin, and year.The results of this analysis will continue to be used in 2020 to assist staff in identifying seasonal and/or geographic trends in repeated water quality violations.This analysis,coupled with the evaluation of enforcement actions and compliance timelines being completed in 2020, will allow SWM Staff to better target outreach and technical assistance efforts to reduce common illicit discharges. • In late 2019, SWM staff began contract negotiations to purchase NPDESPro after months of researching potential opportunities for an enhanced data management system. NPDESPro is a web- based data management platform designed to create efficiencies and consistency with regards to Permit-required field inspections, recordkeeping, and reporting. In January 2020, staff will finalize contract documents and begin the initial phase of data migration and staff training for the Water Quality Section, Surface Water Inspectors, and Asset Manager. Following this start-up period, SWM staff will be utilizing NPDESPro for recordkeeping and reporting on private commercial site inspections, IDDE inspections, and source control inspections. SS.C.S. : Provide IDDE Staff Training SWM staff will continue to provide annual training to all City of Federal Way field staff and police personnel in the identification of illicit discharges and notification to appropriate authorities. Additionally, all maintenance personnel, SWM Water Quality staff,and SWM Inspectors are trained annually in spill response and first responder hazard awareness. SWM staff will continue to review field procedures for identifying, tracing, reporting, and documenting all reported illicit discharges. In 2019, SWM staff developed a training document and reporting procedure for South King Fire & Rescue (SKFR) staff in regards to illicit discharges resulting from firefighting activities. In 2020,SWM staff will be reviewing and updating the training materials to emphasize proper notification procedures regarding illicit discharges. S5.C.5.a:Track and Maintain Records of IDDE Program Activities In 2019, SWM staff continued utilizing a public works maintenance management software system, VUEWorks, to track and record all reported water quality violations and associated documents, including: photographs,site maps, correspondence, legal actions, and final resolution. Commercial site inspections and source control inspections are tracked through respective Microsoft Excel spreadsheets, and active construction sites are tracked through the City's permitting system, AMANDA. In 2019, Public Works Inspectors began tracking interim TESC inspections of active construction sites within VUEWorks. In 2020, SWM staff will begin utilizing NPDESPro for all recordkeeping activities associated with IDDE investigations, private commercial site inspections, and source control inspections. 33 Page 12 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Controlling Runoff from New Development, Redevelopment, & Construction Sites Construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue,the City adopted the current King County Stormwater Design Manual and the City of Federal Way Addendum in 2016. Changes were made to development-related standards in 2016 to make Low Impact Development (LID) the preferred and commonly used approach in site development. S5.C.6.a-b:Implement an Ordinance or Other Enforceable Mechanism to Address Runoff from New Development, Redevelopment, and Construction Sites Federal Way Public Works Development Standards (codified under FWRC 19.135.130), and the King County Stormwater Design Manual (as amended and adopted under City Ordinance 16-828), include minimum requirements for stormwater design and construction for the protection of water quality and the reduction of pollutant discharge. SS.C.6.c:Apply a Permitting Process with Site Plan Review, Inspection,and Enforcement Capability for New Development, Redevelopment, and Construction Sites In 2020, the Public Works Development Services Division will continue to implement the City's permitting process, including civil/site plan review and approval for compliance with City of Federal Way standards. Public projects in the right-of-way that trigger local permits will be reviewed by internal stormwater engineers. During construction, Public Works staff will continue to conduct weekly site inspections to ensure implementation of proper temporary erosion and sediment control (TESC) BMPs. City inspectors have the authority to enforce TESC standards for both private and public projects in order to reduce pollutants in stormwater runoff to the MS4 and surface waters that originate from new development, redevelopment, and construction site activities. In 2019 Development Services staff updated the City's Development Standards which includes a review of planned LID criteria. This review is part of the City's l effort to require LID principles and LID BMPs to make it the preferred and commonly used approach to site development. In 2020, City staff will continue the ongoing revision process of the Development Standards to improve clarity and review potential updates to LID criteria, including a requirement that municipal roadway cross-sections align with LID standards.Staff will finalize their revisions in late 2020 in anticipation of releasing the updated Development Standards in early 2021. The City has an ongoing program to verify that long-term operation and maintenance (O&M) of post construction stormwater facilities and BMPs is implemented. The City requirements for maintenance standards are identified under the 2016 King County Stormwater Design Manual Appendix A, Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. In 2020, Public Works staff will continue post construction inspections prior to release of warranty bonds, and will review post construction inspection procedures in conjunction with the Development Standards update. Furthermore, Public Works staff will work on implementing increased site assessment procedures that align with the updated 34 Page 13 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Department of Ecology Standards for new development, redevelopment,and construction activities on plats, single family, and commercial sites, S5.C.6.d:Provide Notice of Intent(NO►)for Proposed New Development and Redevelopment The City includes notification of the requirement to meet N01 in the pre-application comments, during the review for land use, and during plan review for building permit phases depending on the project. The development services project manager makes periodic inquiries to the on-line permit to verify compliance. S5.C.6.e:Ensure Staff Training for Implementation of Runoff Control Program °III Plan reviewers are managed by a professional licensed engineer and all City staff responsible for approval and/or inspection of new development, redevelopment, or construction are certified in Construction Erosion and Sediment Control Lead (CESCL). City inspectors are also sent through the Washington Department of Transportation Local Technical Assistance Program (CTAP) for construction inspection\ and documentation training, and in 2019 were also sent to the American Public Works Association (APWA) Construction Inspection Training. In 2020, the APWA Construction Inspection Training will continue for newly hired construction inspectors. Furthermore, in 2020 management will update and expand training for plan reviewers that includes refresher training for experienced plan reviewers, and will begin planning for training opportunities for incoming plan reviewers in 2021. In 2020, management will also continue researching training opportunities for inspectors regarding soil classification and analysis. 35 Page 14 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Operations& Maintenance SWM has an ongoing program to reduce stormwater impacts associated with maintenance and operations of City streets, facilities, and properties. The program applies to drainage infrastructure,which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. S5.C.7.a:Implement Maintenance Standards • In 2020, SWM maintenance personnel will continue to implement maintenance standards as outlined in the amended and adopted 2016 King County Stormwater Design Manual, which includes Appendix A: Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. All inspection forms utilized in routine stormwater system inspections are downloaded directly from this resource. S5.C.7.b:Maintain Stormwater Facilities Regulated by the Permittee • In 2020, SWM will continue to inspect stormwater treatment and flow control facilities regulated by the City, as required by the Permit. Facilities permitted by the City that discharge to the City's MS4 are inspected and maintained annually to verify long-term maintenance, if the City was designated as the maintenance provider following construction completion. Any required repairs are recorded and scheduled in the City's asset management and tracking system,VUEWorks. S5.C.7.c:Maintain Stormwater Facilities Owned or Operated by the Permittee • In 2020, SWM will continue to inspect known municipally owned and operated Stormwater treatment and flow control facilities as required by the Permit. Control structures, retention/detention ponds, and bioswales are inspected and maintained annually. Any required repairs are recorded and scheduled in VUEWorks,the City's asset data management system. • In 2018, SWM implemented mobile technology into its inspection program which allows for electronic recording, filing, and scheduling for inspection results. In 2019, SWM implemented the second phase of this program, which provided real time recording into the City's maintenance management and tracking program software, resulting in streamlined operations. In 2019, this inspection program was expanded to include outfalls,control structures, dams,and bridges. In 2020, SWM staff will continue using ArcCollector for inspections and inputting required maintenance into VueWorks. SWM is acquiring two additional tablets for this work. • In 2020, SWM Inspectors will continue to use the Video Inspection Program(Program) as a tool to proactively manage the Stormwater system to prevent flooding, drainage problems, and other water quality concerns.The Program also supports several NPDES-related t activities including ongoing comprehensive mapping of the system, evaluation of management practices, and the improvement of then ability to trace spills and identify illicit connections to the MS4. In 2020, SWM Inspectors will continue to assess and identify stormwater system maintenance needs based on the structural scoring system utilized through the Program. 36 Page 15 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way • SWM Staff will continue to inspect facilities vulnerable to 8 surface water related problems before, during,and after major storm events to ensure the systems are ° i 1 functioning properly, and to determine/conduct any ll�� maintenance or repair needs. r • SWM will continue to inspect and clean (when necessary)catch basins owned by the City. In 2018,SWM , incorporated an annual assessment into the City's catch basin inspection program.Annual assessments include a review of the City's circuit schedules,actual inspection results, cleaning and maintenance records, new development or redevelopment schedules, changes in commercial use, and an evaluation of the previous year's snow and ice operations. SWM will use this assessment to adjust the City's circuits in order to comply with the requirements of an alternate inspection schedule under the next Permit cycle (2019-2024). • SWM will continue to implement an inspection program using mobile technology that provides more accurate measuring and tracking of catch basin sediment levels. In 2020, SWM staff will be working with the City's GIS staff to update these online inspection forms to better track, record, and report catch basin inspection data. • In 2019, SWM modified the annual inspections of non-arterial catch basins to include an inspection of 25% of each off-year circuit, in addition to the regularly scheduled circuits requiring 100% inspection. This enables the City to complete an inspection of all catch basins within the two-year Permit requirement and collect data that will be used to analyze the City's circuit schedule and modify plans for future program implementation. Upon review of historical inspection program data in 2019, SWM staff concluded that Permit requirements could be better met with a new inspection program that separates the City into Northern and Southern circuits, each containing approximately half of the City's total number of arterial and non-arterial catch basins. In 2020, SWM will begin implementing this program by inspecting all catch basins within the Northern Circuit, and will also clean and maintain all catch basins identified as having an exceedance of the maintenance standards within the Permit required 6-month timeframe. • In 2019, SWM inspected and cleaned all arterial catch basins within the City. SWM is working on a unit priced contract to leverage the City's ability for timely repair of � , catch basins. Under a new catch basin inspection program Ilk , a to be implemented in 2020, SWM will inspect, clean, and maintain the arterial catch basins within the southern half .: � �e of the City, and in 2021, SWM will inspect, clean, and maintain the arterial catch basins within the northern half of the City (including the border streets), as noted in the �ws � x map to the right. SS.C.7.d:Implement Practices, Policies, and Procedures to Reduce Stormwater Impacts Associated with Runoff from All City Owned or Maintained Lands, and City-Controlled Road Maintenance Activities • In 2018, SWM Staff implemented new procedures and practices for managing the stormwater infrastructure maintenance program. Included in the updated program were changes in scheduling, 37 Page 16 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way tracking, and recording of maintenance activities. In 2019, SWM staff began reviewing the 2018 program and in 2020 SWM plans to hire a consultant to update the maintenance Standard Operating Procedures (SOPS) that together form the City's Maintenance Manual. The updated Manual is scheduled to be finalized in 2021. • In 2020, SWM will review Streets and Parks O&M SOPs for adherence to permit requirements for reduction of stormwater impacts associated with maintenance activities. SS.C.7.e:Ensure Staff Training for Operations and Maintenance Personnel • City field staff is trained annually in IDDE and spill response procedures. In 2020, field staff responsible for construction operations, street maintenance, parks, and facilities maintenance will also receive updated training in construction BMPs, spill response, and review of Stormwater Pollution Prevention Plan (SWPPP)and TESC requirements. Maintenance crew leads also attended a Best Management Practices (BMPs)training that they shared with their crews. • Licensed maintenance personnel are trained on an annual basis for pesticide/herbicide application and this program will continue in 2020. SS.C.7. :Implement a Storm water Pollution Prevention Plan for All Heavy Equipment, Maintenance, or Storage Yards, and Material Storage Facilities Owned or Operated by the Permittee • In 2019, SWM staff reviewed and updated the Stormwater Pollution Prevention Plan (SWPPP) appendices for the Public Works/Parks Maintenance Yard Annex located at 31130 28th Avenue South.These appendices include a drainage map of the Yard, a map of material storage locations in the Yard, and Excel worksheets that document staff responsibilities, inspection results, spill events, material storage locations and associated BMPs, and staff training. In 2020, SWM staff will continue to review and revise the SWPPP and its appendices as necessary. • In 2020, SWM staff will work with the Parks Department to identify additional City-owned storage yards or facilities that may require SWPPPs, and will develop SWPPPs for these sites if necessary. • In 2020, SWM staff will continue to review policies and procedures to ensure proper pollution management practices are consistently being implemented and documented, and will update the training materials provided to staff for the annual SWPPP training. S5.C.7.a:Maintain Records of Operations and Maintenance Program Activities • In 2019, a review of records retention and data collection was continued as part of the updated procedures and practices for operation, maintenance, and repair. In 2020, SWM will be refining the implementation plan for digitizing all O&M and repair records as well as standardizing maintenance records procedures. • In 2019, SWM staff also reviewed recordkeeping procedures for Streets and Parks personnel. 38 Page 17 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Source Control Program for Existing Development In recent years, SWM staff has identified a growing need to r' include more preventative,rather than reactive, measures within the stormwater management program overall. One of the primary actions identified was to reinstate a source control inspection program within the Water Quality Section beginning in 2017. This program allows SWM staff to better engage V' business owners in conversations about stormwater pollution, w provide business-specific BMPs to prevent illicit discharges, and enforce illicit discharges if found during routine inspections. S5.C.8.a: Implement a Program to Prevent and Reduce Pollutants in Stormwater Runoff In 2017, SWM staff identified a need to include more preventative actions within the stormwater management program overall. One of the primary ways identified was to resume a robust source control inspection program within the Water Quality Section. In 2017, SWM staff completed a site inventory that was used to conduct weekly source control inspections. In 2018 and 2019, updates were made to the inventory to better capture businesses within the City that have a high potential for generating stormwater pollution. In 2020, SWM staff will continue to assess and update the program to more effectively educate business owners and managers on the causes and harmful effects of stormwater pollution, what constitutes a water quality violation and how the City enforces such violations, and operational and structural BMPs tailored to their business activities that can assist with stormwater pollution prevention. S5.C.S.b.i: Adopt an Ordinance or Other Enforceable Documents Requiring Source Control BMPs The Federal Way Revised Code (FWRC)currently includes language regarding source control BMPs, but does not require enforcement of those BMPs for existing sites. Enforcement occurs when a lack or failure of BMPs results in a water quality violation. In 2020,SWM staff will begin the initial planning and code review process to determine the most effective method for adopting an Ordinance or other enforceable documents requiring source control BMPs for existing sites,and will create a timeline to ensure adoption of this language prior to the August 2022 deadline. S5.C.8.b.ii: Establish an Inventory of Public and Private Sites with Potential to Pollute MS4 In late 2017,SWM staff created an inventory of businesses with potential pollution-generating activities.The inventory includes information on the business name, business location, potential pollution sources, inspection history (dates and results), and enforcement measures taken, if any. In 2019, this inventory was updated to include all automotive-related businesses,gas stations,fast food restaurants, and sheet flow sites within the City. In 2020,SWM staff will continue to evaluate and revise the inventory as necessary to account for changes in land use and development. SIC codes for each business will also be added to the inventory in 2020, as outlined in Permit Appendix 8. S5.C.8.b.iii: Implement an Inspection Program for Pollutant-Generating Sites Beginning in late 2017, SWM staff began conducting regular source control site inspections throughout the City, using the inventory for scheduling and as a recordkeeping document for inspections. In 2020, SWM staff will continue conducting regular source control site inspections and will begin scheduling and documenting inspections in NPDESPro. In 2019, a total of 91% of businesses (230 of 253) were 39 Page 18 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way inspected within the inventory, which exceeds the future Permit requirement (January 2023)of at least 20% of businesses inspected. SS.C.8.b.iv. Implement a Progressive Enforcement Policy for Stormwater Compliance Following a source control inspection in which a potential water quality violation is observed,SWM staff will issue a technical assistance letter to the business informing them about the potential violation, harmful effects of stormwater pollution, and BMPs they can implement to prevent illicit discharges from occurring. When an illicit discharge is found during a source control inspection, SWM staff will issue a formal Notice of Water Quality Violation that contains similar information to the technical assistance letter, but also outlines required corrective actions to eliminate the discharge and a deadline by which to complete these actions.All of these enforcement actions are recorded in the Source Control Inspection Inventory, and if at the level of a water quality violation, are recorded in VUEWorks, the City's asset data management system. Starting in 2020, all of the source control inspection results and enforcement data will be tracked in NPDESPro. SS.C. !.b.v: Ensure Staff Training for Source Control Program SWM Water Quality staff in charge of source control inspections are trained annually in the source control inspection program with an emphasis on inspection procedures, recordkeeping, and commercial-related BMP resources. Staff members involved with the source control program are also required to attend the annual Illicit Discharge Detection and Elimination training to ensure proper identification and notification of illicit discharges if found during source control inspections. 40 Page 19 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Monitoring A collaborative monitoring program is paid for by Western Washington NPDES Permittees, administered by Ecology,and designed to monitor and evaluate the effectiveness of the best management practices specified in the Permit. The goal of the monitoring program is to provide an unbiased assessment of whether stormwater management actions are resulting in genuine progress towards regional water quality targets. In 2020, the City will continue to pay into the collective fund and support the implementation of the three components of the Regional Stormwater Monitoring Program: • Status and trend monitoring studies to measure whether the health of lowland streams and shorelines in Puget Sound is improving or declining; • Stormwater effectiveness studies to provide widely applicable information about what best management practices work, or don't work, and how to improve stormwater management; and • Source Identification Information Repository designed to share information about source identification and elimination methods and identify opportunities for regional solutions to common illicit discharges and pollution problems. 41 Page 20 of 21 2020 NPDES Annual Report-Attachment 1 City of Federal Way Conclusion Links to the 2020 Annual Report and SWMP update are posted under"News and Updates" on the City's Surface Water Management Division website at: hhllgl/Llwww.cilyoffederalway.com/"node/""`1468, If at any time the City is unable to comply with the terms and conditions of the Permit, staff must notify Ecology within 30 days of becoming aware that non-compliance has occurred. Written notification must include a description of the non-compliance issue and steps planned or taken to achieve compliance. The City remains in compliance with the Permit and is using all known, available, and reasonable methods of prevention, control, and treatment to prevent pollution into the surface waters of Washington State. 42 Page 21 of 21 2020 NPDES Annual Report-Attachment 2 City of Federal Way Attachment 2 -Description of 2419 Public Education Activities Public Events In 2019,the Surface Water Management(SWM) Division continued to create a more public presence.To this end, City staff tabled at the Mayor's State of the City Address, three Federal Way Farmers Markets, Federal Way Kid's Day, and one of the City's"Movie in the Park" nights. Storming the Sound with Salmon Program The Storming the Sound with Salmon program is a stormwater education program developed and implemented by the City and the Federal Way Public Schools that has occurred annually since 2012. The program includes classroom curriculum focusing on stormwater education and provides students with the opportunity to raise salmon at their school. At the end of the school year, students participate in a salmon release event where they release the salmon into a local creek and spend the day participating in outdoor learning at the local West Hylebos Wetlands Park. In May 2019, the City held four of these salmon release events, serving over 900 students from 35 different schools. Green Living Workshops The Surface Water Management Division and the Solid Waste & Recycling Division staff collaborate to provide free educational workshops for residents on topics related to stormwater and sustainability. Topics in 2019 included: Orcas, Gardening for Wildlife, Natural Yard Care Basics, Composting, Green Cleaning and Zero Waste Holidays. Volunteer Events The Surface Water Management Division recognizes and appreciates the hard work of volunteers that donate their time to improve the water quality of stormwater and our local surface waters. Volunteers for SWM in 2019 totaled 755 volunteer hours. Volunteer activities included removing invasive plants, cleaning up local parks and streams, assisting with Storming the Sound with Salmon, Stream Team monitoring, and curb drain marking and mapping. E-Newsletter E-newsletters allow SWM to provide more timely information to the public on seasonal stormwater issues and upcoming events. In 2018, public education staff transitioned from a print quarterly newsletter to monthly e-newsletters in collaboration with the Solid Waste Division. In 2019, SWM continued this partnership, and will do so in 2020 as well. Environmental Coalition of South Seattle (ECOSS) The City collaborated with ECOSS, a non-profit organization, to provide multilingual stormwater outreach to 15 businesses in the City. ECOSS provided free spill kits, custom spill plans, and staff training so businesses knew how to prevent, or quickly address and clean up, spills and illicit discharges. Car Wash Program The City's car wash program informs businesses and charity groups that it is a violation of City Code to allow dirty, soapy water from car washing activities to enter storm drains. Realizing that car washes are an important fundraising tool for many groups in the community,the City offers an environmentally safe solution. The City has special kits available that pump wash water into the sanitary sewer system, thus keeping contaminants out of local surface waters. In 2019, five charity organizations checked out the Page 1 of 2 43 2020 NPDES Annual Report-Attachment 2 City of Federal Way kits seven times, at no charge, from the Public Works Department. The City also advertises charity car wash ticket programs through the Puget Sound Car Wash Association (PSCWA) and Brown Bear as alternatives to the car wash kits. In 2019, local organizations bought 331 car wash tickets through PSCWA and 5,039 through Brown Bear. Various Publications Each year,the Surface Water Management (SWM) Division produces new and updated public education materials as needed. In 2019, two new interpretive signs were developed for the Brook Lake and Panther Lake City parks, and are translated into both English and Spanish. Orca Health Starts Here Social Media Campaign In 2019, SWM participated in a regional outreach effort coordinated by Stormwater Outreach for Regional Municipalities (STORM) for Puget Sound Starts Here Month. This effort, Orca Health Starts Here, was a social media campaign recognizing #OrcaHeroes—people who take actions every day to prevent stormwater pollution in their communities. Federal Way recognized the Korean Youth Ecology Corps as#OrcaHeroes for their consistent community volunteer work on stormwater-related projects. Training City staff participated in a number of trainings in 2019 related to the City's Stormwater Management program.Trainings varied in the number of staff members in attendance. Internal Training: NPDES Presentation to Land Use and Transportation Committee &City Council IDDE Training for Fire Department IDDE Training for Police Department IDDE Response Training for Field Staff Amanda Database Program VUEWorks Database program Website Training External Training: Regional Education and Outreach Annual Symposium Social Marketing Workshop Plain Language Workshop Public Engagement Training CESCL Training for Inspectors King County Stormwater Design Manual Training Certified Stormwater Inspector Training Trenching and Shoring Certification Confined Space Certification Pipe Assessment Certification Manhole Assessment Certification Lateral Assessment Certification Automated Sustainable Stormwater Design with XPDrainage Webinar Asset Management as a Process Workshop Planning for Infrastructure Replacement Workshop Page 2 of 2 44 2020 NPDES Annual Report-Attachment 3 City of Federal Way Attachment 3 -Stewardship Opportunities for Residents Stream Team In 2019, SWM staff implemented a new Stream Team program. Two volunteer trainings were held during the fall, and volunteers began regular water quality monitoring at six stream sites in October. Stream team volunteers measure a variety of parameters, including: temperature, pH, turbidity, dissolved oxygen, and nutrients, among others. Volunteers will continue monitoring in 2020, and training sessions for new volunteers will be held in fall 2020. Lake Level Monitoring In 2019 the City partnered with the Lake Observations by Citizen Scientists&Satellites (LOCSS) program, run by the University of Washington, University of North Caroline Chapel Hill and NASA, to install two lake level gauges in Federal Way.The gauges were installed at Steel Lake and North Lake.The goal of the program is to use citizen scientists to better understand how and why lake levels change over time. In 2019, citizen scientists reported lake level data a total of 156 times between the two sites. In 2020, the gauges will remain in place and data will continue to be collected. Storm Drain Marking In 2020, SWM will continue to provide educational markers for installation near catch basins that drain to the MS4. The markers inform the public that the drains discharge to local waterways. In 2019, SWM began using volunteers to map where curb markers exist within the City and provide a status update of their condition.SWM will continue to map curb marker locations and conditions in 2020. Volunteer Events In 2020, SWM will continue to host volunteer events that encourage public participation in stewardship activities. Activities may include storm drain marking, storm drain marker mapping, removing invasive plant species, planting native vegetation, and removing garbage and debris from local waterbodies. 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A t1 z 76LJ tJ Ql .......... 0 53 Attachment 5 - G20 Letter (Question #59a) ITT OF CI I I iAl I Ar www '3,332.5 8th E n�aF�`��aut�r ederal Way f-ecVEral Way WA 98003-6315 (253)835-7000 ifs"°V n vw.r;,ityofNde�alwray(:,,ori ,lirrt Fpa-ell, Mayor January 22, 2020 Department of Ecology—NWRO Attn: Danielle DeVoe 3190 160th Ave. SE Bellevue, WA 98008 RE: G20 Notification Letter of Catch Basin Maintenance Timeframe Noncompliance Dear.Ms. DeVoe, Per the requirement stipulated in the NPDES Phase II Western Washington Municipal Stormwater Permit (Permit) (2019-2024) Section 620, the City of Federal Way (City) is hereby providing the Department of Ecology written notification that on January 14, 2020, Surface Water Management (SWM) Division staff became aware of noncompliance regarding the timeframe requirement for maintenance of catch basins in 2019. This noncompliance was discovered by SWM staff during the annual Catch Basin Inspection Program review process. Per Permit requirement S5.C.7.a.ii, "when an inspection identifies an exceedance of the maintenance standard jas set forth in the City adopted 2016 King County %rmwater Design Manual], maintenance shall be performed ... within six (6) months for catch basins." While required maintenance was completed for all catch basins exceeding the maintenance standard, we became aware during the annual review of the Catch Basin Inspection Program that this maintenance was not completed within the required timeline, as noted below: __...__ ... . Inspections .. ... . . ......�...... Circuit Cleaning Duration Exceedance .Completed.._.�. .�.. Completed .. .,. o ...u.rv. Dumas Bay . m..... July 5, 2018 Sept. 4, 2019 14 months 8 months (426 days) Hylebos Sept 11 months 25, 2018 Aug. 29, 2019 5 months _ _(338 days) Lakota -Aug. 28, 2018' Sept 13, 2019�� � 12.5 months � 6.5 months �_ (381 da s Upon review of the maintenance timeline exceedances outlined in the table above, SWM staff identified the following factors and circumstances that contributed to these exceedances: !I✓I it 1 r.ru 0o,11111,;^ii'nI n� '��,.w, iu I`�y',i4�J rV" %'d �.� 1": ;m011 TWO I'm 54 In 2019, the City contracted with a new vactor services provider to perform Permit- required catch basin maintenance. Separate task orders listing the catch basins needing to be cleaned in each of the above circuits was sent to the provider on January 16, 2019, with no response from the provider, The task orders also included time estimates for completing the cleaning within each circuit, all together totaling thirty (30) days of work. • On January 22, 2019, SWM staff again contacted the provider and requested a schedule for the required cleaning actions, as required under the contract agreement. No response was received from the provider. Despite the time exceedances for completing catch basin maintenance within the Dumas Bay, Hylebos, and L,akota circuits, all catch basins that were identified as needing maintenance during the inspections in 2018 were cleaned in 2019, as required by the Permit. Moving forward, the City will take steps to prevent a.reoccurrence of this noncompliance by; Issuing an RFB in 2020 for a new vactor services contract in line with City contracting standards, as the current contract for vector services has been maxed out. "Phis RFB will include tighter specifications for responsiveness of the service provider to ensure timely performance within Permit requirements; + Increasing City staff oversight of catch basin inspection and maintenance timelines provided by the vactor services provider to ensure maintenance is completed by the provider within the required six (6) month time period; and, Proposing the purchase of a City-owned vactor truck in 2021 in accordance with the Surface Water Management Comprehensive Plan. The City-owned vactor truck will allow for a portion of the required catch basin maintenance to be completed in-house, thus facilitating the timely completion of all catch basin maintenance by both the City and the vactor services provider. Please let me know if you require additional information or have any questions. Regards, ��lwtr�•al,l. ""<�ldsh 1 ". 1'.L:;. Public Works Director City of Federal Way 33325 8"' Ave, S. Federal Way, WA 98003 ec. Theresa'nwrlow,P.I Surface Water Manager Ryan"i'Vromas,SWM Maintenance Crew Supervisor Myhre,Woer(duality&N11DFS Permit Program Coordinator Day File Its i. rt Fi'.Af f;';��.�� .[ E�T , �inr Ot 55 This page left blank intentionally. 56 COUNCIL MEETING DATE: March 17,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SWM Vactor and Infrastructure Maintenance Services contract—Bid Award POLICY QUESTION: Should the Council award the SWM Vactor and Infrastructure Maintenance Services contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2, 2020 CATEGORY: ® Consent ] Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution E] Other STAFF REPORT BY: Theresa Thurlow, P.E, SWM Division Manager dt— DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 2,2020. Bid Summary Tabulation Options Considered: 1. Award the SWM Vactor and Infrastructure Maintenance Services contract to Action Services, the lowest responsive, responsible bidder, in the amount of$247,752.50 and authorize the Mayor to execute the contract. 2. Reject all bids for the SWM Vactor and Infrastructure Maintenance Services contract, direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2020 City Council Consent Agenda for approval. is _ � � .�..w DIRECTOR APPROVAL:. ....APPRraiOVAL: Z, � 9woi9atstl�@Pa�tc Imnal/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the March 17, 2020 consent agenda for approval. Mark KoLipang,Comadtlee Chair lloang°I"Icon,Committee Member Martin Moore, Committee Member PROPOSED COUNCIL MOTION: "Award the SWM (/actor and Infrastructure Mainlenance Services contract to Action Services, the lowest responsive, responsible bidder, in the amount of,x'247,752.50 and authorize the Mayor to execute the contract. " 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# 57 CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directort .. Theresa Thurlow, P.E. Surface Water Manager SUBJECT: 2020 SWM Vactor and Infrastructure Maintenance Services Bid Award and 2020 Budget Adjustment Request FINANCIAL IMPACT: The approved SWM operational budget(40 1)for vactor services in 2020 is $229,434.00 and the lowest responsive bid is $247,752.50 per year, resulting in a budget shortfall of$18,318,50. Staff is requesting a budget adjustment of$18,318.50, which will be funded by the 2020 increase in the SWM utility rate charge. The 2020 increase has been identified as 2.3% which will result in a revenue increase of$94,993. stilualed Expenditures: 2019/2020 Approved Budget- Vactor Services $ 229,434.00 Proposed Bid Award $ 247,752.50 Total $ -18,318.50 Available Funding: 2020 SWM Fees Revenue Increase $ 94,993.00 BACKGROUND: SWM staff were authorized to bid a surface water vactor and infrastructure maintenance services contract, with an annual option to extend the contract by mutual agreement of both parties for a total contract period of three years. "Three bids were received and opened on February 18, 2020 for the SWM Vactor and Infrastructure Maintenance Contract. Please see attached Bid Tabulation Summary. The lowest,responsive, responsible bidder is Action Services Corporation with a corrected bid total of$247,752.50. 58 Ln 0 rQ In Ln w Lm o vs "'t Ln 4.0 ll� C� "i o ll ll� ll c cj 0 d r4 .6 �0 tD r,4 t4 ?PO4 "T rH'l N o r�no mo m m E uj .bl a 0 CD LI) -110 0 C) C 0 0 r- q 0 C, 0 m r-� oo 4 E �i Ln m . C 0 c c 0 0 c 0 9 q 9 q m O In 0 o 0 0 m m r- to o rT o0 0 O 0 d Lm m m rf m m o rN N N Ln c to r, 14 11 M IM N H - - m I 'D 0 0 C) Ln 0 0 0 0 0 0 oo Lnr,4 r, c C 0 kD 1J} r14 It LD y/}rq rIj 1/� C o ca o c O d c 0 c 0 510 0 0 c 0 q c c cLft r, 0 0 c c 0 0 6 0 Ln 0 N 0 o 0 0 c N0 c o Ln r, 0 LM CN r- Yl 0 In rl4 rq N m m t'4 Uwb...0 b C o1 L11 O m ,,r Ln Ln 0 0 0 M -4 CD 6 6 0 0 6 1'1 6 6 r, m V oo V} oo oo V1 x 0 c lf� lf� lflrLn E eq r, N 0 co 0 c Ln c c c? c:, LnIN Lm z N in 0 . E . . . . m Ln m Ln 0 N :5 M w > 0 Lf� 0 0 -6 O OCD Z m o o o o o c CD 0 M CD hm O. o o Ln Lo t c:) C Qmoc ,zroc 0cc)c) o o m cD o Ln O 0 co (,u (lu O m CL W 19 18) g N0 c �: - 70 rn 0 o m .;7 c: oo C o OD W c I m E u E E LI) &A -c -S — , , Lu c v a) c 5 c cu 0Lj o F� -E *.F- m cc u u m E uj W 0 f0 U o c ao 4� m u E > E —u �u > cn cn u < w -a u U -u c c) c o m T c O V1 > rq -o :L' 7a E CL o a) (u == D- -- > E C3 U E o < c J . 0 E -T, 7 o c > f u m L - 0 < Q) w �F U m m c > ti oo o - - g S c -o -E -mv x Ofd bih OAS -o x �2 K - M -Fa " -o -1 c c I'D E �-m �o- c ' u E 'E 'E •E 1) 0 clan X o m . . E m m K �7, m 2 -2 -2 - t 2 E ro o -c -o n 72 o o U u LA uju�u LLj �z c5 5 w C .............. .2 M fa 59 N it, :m +I-Idd This page left blank intentionally. 60 COUNCIL MEETING DATE: March 17,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LEASE OF SWM PARCEL TO ACTIVE CONSTRUCTION INCORPORATED ..., � � ._.......__....................... ............................._...._........................---- _..__- POLICY QUESTION: Should the Council approve the temporary lease of the SWM Parcel located at 29601 Pacific Highway South for use by Active Construction,Incorporated? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2020 CATEGORY: ® Consent ❑ Ordinance E] Public Hearing ❑ City Council Business ❑ Resolution E] Other STAFF REPORT BY: Theresa Thurlow,P.E., SWM Division Manages> DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 2,2020. Options Considered: 1. Approve the temporary lease of the SWM Parcel located at 29601 Pacific Highway South for use by Active Construction Incorporated. 2. Do not authorize the temporary lease of the SWM Parcel located at 29601 Pacific Highway South for use by Active Construction Incorporated. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the March 17, 2020 City Council Consent Agenda for approval. _............... ..... ..._. . _ - ----... MAYOR APPROVAL: DIRECTOR APPROVAL: Committee Council ilatwlft),et�c Initial/Date Imlial/pate COMMITTEE RECOMMENDATION: I move toforward Option I to the March 17, 2020 consent agenda for approval. .. an-I, Committee- .. ... "......._. .N.................................____............ ...... _ .. .. .... ........ Mark Ko Chair Hoang Tran,Committee Member Martin Moore, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to temporarily lease the S'WMParcel located at 29601 Pacific Highway South for use by Active Construction Incorporated." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ........................ ....... ❑ TABLED/DEFERRED/NiO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 61 CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director of Public Works Theresa Thurlow,P.E., Surface Water Division Manager SUBJECT: Lease of SWM Parcel to Active Construction, Incorporated Financial Impacts: Lease of the SWM parcel for three months will result in $1,656 revenue to the SWM Operational (401) account. Background, Iafor-malion: Surface Water Management Division owns a parcel in the City of Federal Way located at 29601 Pacific Highway South and legally described as King County Parcel 90421049200, A portion of this parcel contains underground detention facilities and the remainder of the parcel is an open space primarily consisting of compacted soil and gravel. Active Construction, Incorporated (ACI) was awarded the South Dash Point Roadway Improvement project February 2020 and will be starting construction in March. ACI has requested use of SW-M's property, which is close to the work site, for the storage of material and equipment,from March 19, 2020 to June 19, 2020, Public Works does not require the use of the open enclosed area, shown in Exhibit A, during this time and SWM has leased this property for a similar purpose in 2018. At that time,the parcel was leased at a rate of$500/month for a period of eight months. Applying 2019 and 2020 CPI to this rate,the proposed lease rate is $552/month. SWM staff requests authorization to enter into a temporary lease of the SWM Parcel located at 29601 Pacific Highway South at$552/month for a period of three months for use by Active Construction, Incorporated. Rev.6/2019 62 PARKING LEASE THIS PARKING LEASE (the "Lease") is entered into this day of mmmmmmmmmmmmmmmmm m mm . ....... _ 2020 by and between the City of Federal Way, a Washington municipal corporation ("Landlord"), and Active Construction, Inc. a Washington State corporation. ("Tenant"). RECITALS A. Landlord is the owner of that certain improved parcel of real property Located in the City of Federal Way, King County, Washington commonly known as SWM Storage off of Dash Point, located at 29601 Pacific Highway South and legally described as King County Parcel 90421049200. B. Landlord wishes to lease to Tenant and Tenant wishes to lease from Landlord the enclosed area as shown in Exhibit A at the Property as described and under the terms and conditions set forth in this Lease. AGREEMENT 1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord an enclosed area located at the Property in the locations depicted on the attached Exhibit A (the"Premises"). Landlord also grants to Tenant and its agents,employees,consultants,and invitees a non-exclusive lease for vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises. This lease shall terminate automatically at the expiration or earlier termination of the Lease. 2. Term. The term of this Lease shall commence on the date entered above, and shall terminate on June 30, 2020. 3. Rent. Tenant shall pay a one-time rental fee in the amount of$1,656.00. Tenant shall pay the Rent within 14 days of the date entered above. Should Tenant fail to pay the one-time rental fee within the 14 day period, this lease shall terminate automatically. The parties agree that said payment is complete and full and that no further amount shall be due for any normal wear accruing to the Premises. 4. Use of Premises, The Premises shall be used for material storage, equipment and vehicle parking by Tenant and its agents,employees, consultants, and invitees and for no other purpose without Landlord's prior written consent.Tenant shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws, ordinances, and public regulations now or hereafter in effect. Tenant agrees to keep the area above the underground storage tanks as shown in Exhibit A, labeled as "No Parking Area," clear of all material, equipment, and vehicle parking. 5. Access and Use. Tenant shall have the right to use the Premises from Monday through Saturday. Landlord reserves the ability to make other uses of the Premises that do not interfere with Tenant's use. 6. Liens and Improvements. Tenant shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Tenant. 7. Condition of Premises. Tenant accepts the Premises "as-is." 8. Maintenance and l epairs. Landlord shall not be responsible for any costs associated with cleaning, maintaining, and repairing the Premises. 63 9. Accid lmtlms aimrd..�..ln xlmut� ha l►mlm�tm��r�t. Landlord, its elected officials, officers, employees, agents, and volunteers shall not be liable for any injury or damage to persons or property sustained by Tenant or Tenant's invitees in and about the Premises or Property,except to the extent such injury or damage is caused by Landlord's or its elected officials', officers', employees', agents', or volunteers' negligence or breach of this Lease. Tenant agrees to indemnify, defend and hold Landlord and its elected officials, officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees (including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting from Tenant's negligence or breach of this Lease, except to the extent caused by Landlord's negligence or breach of this Lease. Tenant shall maintain commercially reasonable liability insurance on the Premises and to name the City as an additional insured. 10. Successors and Assigns. This Lease and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 11. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, by facsimile or by recognized overnight courier addressed as follows: If to Tenant: Active Construction Incorporated Attention: Zach Gustafson P.O. Box 430 Puyallup, WA 98371 If to Landlord: City of Federal Way Attention: EJ Walsh,Public Works Director 33325 8th Avenue South Federal Way, WA 98003-6325 12. Governmental Charles. Landlord shall indemnify and save Tenant harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 13. Stubrro atic n Waiver. Each of Landlord and Tenant release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property, whether due to the negligence of either party, their agents, employees, or otherwise, 14. 1` Agr„qgpgq.This document contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. IN WITNESS WHEREOF,the parties hereto have executed this instrument on the date herein set forth, [Signature Pages Follow] 64 LANDLORD: TENANT: By: EJ Walsh By: David Ceccanti Its: Public Works Director Its: President Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the l"ro'ecl: Manager of Active Coristr•trction lrrcor -oI wrt:�d to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated:. Notary Public in and for the State of Washington Residing at m _ Printed Name My appointment expires ... . .. .. .............. STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that EJ Walsh is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Public Works Director of the("It s of Federal to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: _ Notary Public in and for the State of Washington Residing at Printed Name My appointment expires 65 z�i Bid P4#1 Q e AAAM Z 0 x LL a �a 0 N , 0 ui PNJOO iip of /ir �y//// 11,4 / ' 0l Awi i Jj m� f !� OI Q LL w _ �' w COUNCIL MEETING DATE: March 17,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2020 ASPHALT OVERLAY PROJECT BID AWARD POLICY QUESTION: Should the Council award the 2020 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2020 ------------ CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other m. m----m._ STAFF REPORT BY: John Cole,Capital Engin cem° DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 2, 2020, Options Considered: 1. Award all schedules for the 2020 Asphalt Overlay Project to Miles Resources,LLC,the lowest responsive,responsible bidder,in the amount of$2,183,610 and approve a 5%contingency of$109,180 plus supplemental"Ridge"work Of$180,000 for a total of$2,472,790 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2020 City Council Consent Agenda for approval. s MAYOR APPROVAL' DIRECTOR APPROVAL' ?A oatYlt� Cau¢aaaCil a�:° Iniiiall)ta e Initial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 17, 2020 City Council consent agenda for approval. Mark Koppang, Committee Martin Moore, Committee Hoang Tran, Committee Member Chair Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2020 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of$2,183,610 and approve a 5%contingency of$109,180 plus supplemental "Ridge" work of$180,000 for a total of$2,472,790 and authorize the Mayor to execute the contract. m........( E COMPLETED BY CITY CLERKS OFFICE) ..COUNCIL..ACTION: . .............................................m...m.m.... .. ...,.......................................................................................................w ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 67 CITY OF FEDERAL WAY MEMORANDUM m,,,, ,,, ....._. _ _ ........._... DATE: March 2, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh, P.E.,Public Works t *-ctor John Cole, Capital Engineer SUBJECT: 2020 Asphalt Overlay Project-Bid Award FINANCIAL IMPACTS: The cost to the City for the 2020 Asphalt Overlay Project was included within the approved budget under the Public Works Department Arterial Street Fund (Fund 102). In accordance with the approved budget,this item is funded by fuel tax revenue.Upon completion of the 2020 Asphalt Overlay Project, no other ongoing costs are anticipated. BACKGROUND: Four bids were received and opened on February 19, 2020 for the 2020 Asphalt Overlay Project;please see attached Bid Tabulation Summary. The lowest responsive,responsible bidder is Miles Resources,LLC,with a total bid of $2,183,610. AVAILABLE FUNDING: The available budget for the 2020 Asphalt Overlay Project is $2,746,163 and is comprised of the following: • Motor Vehicle Fuel Tax (Fund 102) $530,000 • Real Estate Excise Tax $1,013,000 • Carry Forward from 2019 Asphalt Overlay Project $36,184 • The Ridge(funded) $585,898 • PSE Joint Construction Agreement(reimbursed) $381,081 • Schedule G -TIB Grant for Complete Streets $100,000 • Schedule G-Traffic In p act Fees for Complete Streets $100,000 • TOTAL FUNDING AVAILABLE $2,746,163 K.'vCAPITAL PROJECTSVProPrammed\520-Ovcrlay202008 LUTC&COU NCILA PPROVAL TO AWARD 68 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE........... .............�.�...�.�.�.�.�.�...................................DESCRIPTION AMOUNT 12th St Pacific Hwy S to 131"Ave S $ 280,531 B Hoyt Rd SW(S 3261h St to S 320`"St) ��...�...� ... $ 31.... 9,053 C 1st Ave S (S 301st..... " St to.�C�ity Limit)................................................. _................._......................... $ 449,455 .,�.�.....� ....Pete.................. .... ........................... ...................................................�� W� �mmmmmm.�...�...�. _ on Reichbauer Way S (S 320th St to S 316th St) $ 380,345 B.......�.............�.�.�.� Pete von Reichbauer Way S (S 316th St to S 312th St) �$ 282,281 F The Ridge $ 237,424 G S 320a' St and Pacific Hwy S H __............. S.316 `St�Crosswalk $ 44,368 .... ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $2,183,610 ...m_�� ..�u��?Plemental . .... �.m...�mm ...�_ .......................w� w�,..... "Ridge"Work $ 180 000 .. ._.. _._ . ........................... Construction Contingency(5%) $ 109,180 ................... In-house Design and Construction Administration $ 266.940 ESTIMATED TOTAL PR.... .... OGRAM COST: $2,739,730 Staff recommends awarding all schedules of the 2020 Asphalt Overlay Project to Miles Resources,LLC,the lowest responsive, responsible bidder, in the amount of $2,183,610 and approve a 5% contingency of $109,180 plus supplemental"Ridge"work of$180,000 for a total of$2,472,790 and authorize the Mayor to execute the contract. \F "I`f'Vtil I" QiJI?f.l:, 1'�r��zc�!awuMuu4'�.`��U '„ e✓��yJ(�'��(1'�Ui, I Ul �N,Pw:"11 ,r"I'^1'1<�ro''✓ l'. 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COMMITTEE: LUTC MEETING DATE: March 3, 2020 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Naveen Chandra, PE, Senior Capital Engineer DEPT: Public Works Attachments: Staff Report& Bid Tabulation Options Considered: 1. Award the 2020-21 Neighborhood Traffic Safety Program to Tony Lind Paving LLC the lowest responsive, responsible bidder, up to the amount of$60,000.00 and approve a ten percent contingency of$6,000.00, for a total amount of up to $66,000.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020-21 Neighborhood Traffic Safety Program and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends approval of Option 1. ................. MAYOR APPROVAL: DIRECTOR APPROVAL: -2-0( Z-2 RDVAL: ........... omnli ot InthaI715"-ate Inithit'1111 awte Init4fl/Dwe COMMITTEE RECOMMENDATION: I move to forward Option I to the March 17, 2020 City Council consent agenda fear approval. Mark KoEEang,Committee Chair Martin Moore, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2020-21 Neighborhood Trqftic Safety Program to Tony Lind Paving LLC, the lowest responsive, responsible bidder, up to the amount of'$60,000.00) and approve a 10%contingency of$6,000.00,for a total amount of up to $66,000.00, and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: El APPROVED COUNCIL BILL# 0 DENIED First reading TABLED/DEFERRED/NO ACTION Enactment reading Cl MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-12/2017 RESOLUTION# 77 CITY OF FEDERAL WAY MEMORANDUM DATE: March 02, 2020 TO: City Council VIA: Jim Ferrell, Mayor E.J. Walsh, RE,Public Works Director' � � FROM: Naveen Chandra, P.E., Senior Capital Engineer SUBJECT: 2020-21 Neighborhood Traffic Safety Program—Bid Award FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the Traffic Division's operational budget. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted usted as required during the budget process. BACKGROUND INFORMATION: Four(4) quotes were received on February 10, 2020 for the 2020-21 Neighborhood Traffic Safety Program. Please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tony Lind Paving, LLC with a total quote of$58,909.20. ESTIMATED EXPENDITURES: 2020 Construction Cost $ 30,000.00 2021 Construction Cost $ 30,000.00 10% Construction Contingency $ 6,000.00 Construction Management (Ci!y Staff) $ 10,000.00 Total Project Costs S76,000.00 AVAILABLE FUNDING: City Funds—2020 Traffic operational budget $40,000.00 Ci!y Funds—2021 Traffic operational budget $402000.00 Total Project Costs $ 80,000.00 78 GGG 1. ;,1 .0 GC OCYOGCI c Ct O V D O O O' cC c65 o cC.��G cC O6 OG cCi COS COS CG'r b c cC o p cC p o ccad Cj Vf M 4 t5 to MSR..,V I N Ve!R a ff.a a H XA a s afr F 5.o R FX s afr�V�A g VN r acre f - F ° N H!X v � t ..:: r fq ., 7. m I` cr o a oo c G G G c o o ce o o IS ' o a� o GGc G G cd c °cl I. 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COMMITTEE: Land Use&Transportation MEETING DATE: March 2,2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Muller, ., Senior Capital 1-ngincer DEPT: Public Works Attachments: LUTC Memo dated March 2, 2020 Options Considered: 1. Authorize staff to proceed with design of the SW Dash Point Rd & 47th Ave SW Compact Roundabout and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17,2020 City Council Consent Agenda " r approval. _p te tVAaittatc';' Ns ldud�i DIRECTOR , � _�d� APPROVAL:APPRO ta . ----- Da sate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 17, 2020 consent agenda for approval. Mark Koppang,Committee Chair Martin Moore,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW Dash Point Rd& 47th Ave SW Compact Roundabout and return to the LUTC and Council at 85%design completion for further reports and authorization." (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# ................................................................................ 81 CITY OF FEDERAL WAY MEMORANDUM DATE: March 3, 2020 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E., Public Works Director62.,'�'t/ Christine Mullen, P.E., Senior Capital Engined SUBJECT: SW Dash Point Rd& 47th Ave SW Compact l�uu 11(about—30%Design Report FINANCIAL IMPACTS: The cost to the City for the SW Dash Point Rd & 47th Ave SW Compact Roundabout was included within the approved budget under the Public Works Department, Capital Project #217. In accordance with the approved budget, this item is funded by a federal grant from WSDOT in the amount of $815,000 and the remainder from the Transportation Systems 306 fund. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND INFORMATION: This project provides a compact roundabout at the intersection of SW Dash Point Road (SR-509) and 47th Avenue SW. A roundabout serves as a countermeasure to the fatal and serious injury collision history at this T-intersection (currently minor leg stop controlled). The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% • WSDOT Coordination Ongoing tasks include: • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% • NEPA Application& Approval Project Estimated Expenditures Design $165,000 2020 Construction Cost $680,000 10% Construction Contingency $68,000 Inspection $60,000 Construction Management &...............W�„ m—._...................................m..m..m.......... .. Total Project Costs $973,000 Rev.6/2019 82 March 3,2020 Land Use and Transportation Committee SW Dash Pt Rd&47th Ave SW Compact Roundabout Page 2 Proiect Available Funding Grant (Federal— City Safety Selections) $815,000 Miscellaneous/Transfers $15,000 Total Project Costs $830,000 Project Budget Shortfall: -$143,000 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at 85% design completion for further action. Staff anticipates bidding this project in June 2020(if WSDOT approvals are received in time) or Winter 2020/21. 83 This page left blank intentionally. 84 COUNCIL MEETING DATE: ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PROJECT ACCEPTANCE FOR MILITARY ROAD SOUTH PAVEMENT REPAIR POLICY QUESTION: Should City Council accept the Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other m m m ...... .... r... STAFF REPORT BY: Jeff fluynh,Capital Engineer � DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed final acceptance of the Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. in the amount of$159,371.13 as complete. 2. Do not approve proposed final acceptance of the completed Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the March 17, 2020 Council Consent Agenda for appy vat. MAYOR APPROVAL: r ...... DIRECTOR APPROVAL: ' c 217r12a7 InitiaVDate d Initial/Date COMMITTEE RECOMMENDATION: "1 move to forward the proposed final acceptance of the Military Road South Pavement Repair Project to the March 17, 2020 consent agenda for approval. " Marie leo .ani, Committee Chair Martie Moore,Committee Member m� m � o lloan�"1'ralt,Committee McIIlbtMr PROPOSED COUNCIL MOTION: `I move approval of final acceptance of the Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. in the amount of$159,371.13 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—2/2020 RESOLUTION# 85 CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director eizl----�—' Jeff Huynh, Capital Engineer SUBJECT: Military Road South Pavement Repair—Final Acceptance Financial Impacts: This is the acceptance of construction as complete; therefore, no additional funds are proposed to be spent as part of this agenda item. Background Infoi-mention: 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 Military Road South Pavement Repair Project contract with Pavement Maintenance of Washington, LLC. is complete. The Final construction contract amount is $159,371.13. This is $45,628.87 below the $205,000.00 (including contingency)budget that was approved by the City Council on August 13,2019. Rev.7/18 86 COUNCIL MEETING DATE: March 17,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:REQUEST TO MODIFY THE TRANSPORTATION SYSTEMS CAPITAL IMPROVEMENT PLAN POLICY QUESTION: Should the City Council authorize staff to modify the Transportations Systems Capital Improvement Plan by authorizing design expenditures for Project 214 in 2020, and create capital Project 226? COMMITTEE:LAND USE AND TRANSPORTATION COMMITTEE MEETING DATE: March 2,2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing E' City Council Business El Resolution ❑ Other STAFF REPORT BY: Sarah Hamel, P.E., Capital Engineering Manager DEPT: Public Works Attachments: Staff Report Options Considered: 1. Approve the proposed request to modify the Transportation Systems CIP. 2. Do not approve proposed request modify the Transportation Systems CIP and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPR DIRECTOR APPROVAL: OVAL• .� ajJ ZZo2=7 tnscrotitt � ,� f"aacaocat eane�raaG/17taie ��Uasud+9 tv Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed request to modify the Transportation Systems CIP to the March 17, 2020 consent agenda for approval. Mark Koppang,Committee Chair Hoang Tran,Committee Member Martin Moore,Committee Member PROPOSED COUNCIL MOTION: `I move to authorize staff to modify the Transportation Systems CIP." CE)_.. .................. (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- 4/2019 RESOLUTION# 87 CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E.,Public Works Director Sarah Hamel,P.E., Capital Engineering Manager-3�L SUBJECT: Request to modify the Transportation Systems Capital Improvement Plan Financial Impacts: The cost to the City for the SW320th St Preservation Project was included within the approved budget under the Transportation Systems Capital Improvement Plan as Project 214. In accordance with the approved budget, this item is funded by an anticipated grant and motor vehicle fuel tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. The cost to the City for the S320th Flagpole Rehabilitation Project 226 was not included within the approved budget under the Transportation Systems Capital Improvement Plan. As proposed,this project will be funded through the Risk Fund with reimbursement potentially. This is replacement of existing infrastructure. No new cost associated with operations and maintenance are anticipated. Bacfc t-.ouand Information: SW320th Street (1 la'Ave SW to 3rd Place SW) Preservation project grant application was submitted in May of 2018 but was not awarded in 2019. There is anticipated to be some contingency awards for construction,which is why Staff wants to complete the design so the project is "construction ready". While this project is included in the CIP, the expenditures were scheduled to occur in 2022. In order to complete the design, funding is requested to advance to 2020. Staff will return to Council Committee for grant acceptance, final design, and authorization to bid. Rev.7/l8 88 PROJECT ESTIMATED EXPENDITURES Design $49,000 2021 Construction $788,000 Construction Contingency $79,000 Construction Management $62,000 Total Project Costs $978,000 AVAILABLE FUNDING Federal Grant $577,000 Motor Vehicle Excise Tax MVET) $401,000 (FY 2021) Total Available Budget $978,000 The S320th Flagpole Rehabilitation project will include installation of an in-kind replacement flagpole with a white powder coat finish utilizing the existing foundation. This configuration will accommodate the City owned flag. Other project components include restoration of the sidewalk panels, irrigation, landscaping and lighting. tlall`mira¢ltlt.larg lacrraussion-lea .pr�zcure t1w fl�������Ac__ tnrnedialely due tc�;....l�a�i,�,,,,lead tiro loo fb�) ication,. Staff intends to utilize the small works roster process to solicit pricing lc)r 0'le r rnaral�. u_tcnas_and tl� ,icgr � ::_t�cqG� ts,q crmissioni tni a ,qq� tlq� Qty"„�rnuitl iia a a)w sigii galiri .l y�ewC<rgl will return to Council Committee for bid award for tfuQ, small works contract. PROJECT ESTIMATED EXPENDITURES Engineering $ 37,500 Construction $ 90,000 Construction Contingency $ 13,500 Construction Engineering $ 9,000 Total Project Costs $150,000 AVAILABLE FUNDING Risk Funding,* $150,000 Total Available Budget $150,000 *Reimbursement from the responsible party is being perused. Rev.7/18 89 This page left blank intentionally. 90 COUNCIL MEETING DATE: March 17, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS POLICY QUESTION: Should the City Council authorize staff to submit the proposed grant applications for transportation projects? COMMITTEE: Land Use and Transportation MEETING DATE: March 2,2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Busine mm ❑ Resolution ❑ Other e a.....................� ...... p Y DEPT: Public Works, STAFF REPORT 1$Y c slrea Winkler RE Deputy Director Attachments: Land Use and Transportation Committee memorandum dated March 2, 2020. Options Considered: 1. Authorize staff to submit the proposed grant applications for transportation projects. 2. Do not authorize staff to submit the proposed grant applications and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. ... UDIRECTOR APPROVAL. MAYOR APPROVAL: 1/1)1.42 �w � � t.aam im�R 1117 Iaatlixrel6[?;seta: i':�apit�l',rarae COMMITTEE RECOMMENDATION: "I move to forward Option 1 to the March 17, 2020 Council consent agenda for approval." M ark Koppang, Committee Chair Hoang Tran, Committee Martin Moore, Committee Member Member PROPOSED COUNCIL MOTION: I authorize staff to submit the proposed grant applications for transportation projects. tBELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) �eeeeeeeeeeee �...... ..... ... .. wwww ,,,�� ....._ ... ......., COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 4/2019 RESOLUTION# � 91 CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: City Council VIA: .lint Ferrell, Mayor FROM: EJ Walsli, RE, Public Works Director ,-)),1fiesirc6 S. Winkler, RE, Deputy Public Works Director fl, SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS .................. FINANCIAL IMPACTS: The match for the two preservation projects is proposed to funded from the 2021-2024 asphalt overlay program(Fund 102). The match for the Adaptive Signal Control, and Pacific Hwy Non-Motorized corridor is proposed to be funded from the 2021-2024 Capital Transportation Project funding made up of Real Estate Excise Tax(REET), Motor Vehicle Excise Tax(MVET), and Traffic Impact Fees. Operations and maintenance of these projects will be considered as part of the 2023-24 budget. BACKGROUND INFORMATION: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2020 PSRC - STP/CMAQ Countywide funding cycle. _ ...... Project(Funding Phase) Estimated Project Cost Funds Possible ni Estimated City Grant Match I —po 6a I......................................... ... d ........................ SW 320' Street(11` Ave SW—3 PI SW Preservation Project- (Construction) PSRC -Countywide $1,000,000 $500,000 $500,000 (Federal Funds) Military Road S (South City limits to S 320' Street)Preservation Project (Design and Construction) E..... ......PRC -Countywide $1,6 0 POOO $560,000 $500,000 (Federal Funds) _____Adaptive Signal Control—City Center—Phase B Various Signals City Center (Design and Construction) PSRC -Countywide $600�000 $80,000 (Federal Funds) h Pacific Hwy Non-Motorized Corridor(16' Ave S—300 Ave S—288' Ave S) (Right-of-Way) .................... " PSRC -Countywide 1 ��686,000 .................................I...........................................$600" ,000 $80,000 (Federal Funds) ------_----------- 92 COUNCIL MEETING DATE: March 17, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:NEW CINGULAR WIRELESS PCS,LLC FRANCHISE ORDINANCE POLICY QUESTION: Should the City grant New Cingular Wireless PCS, LLC a Franchise to install, operate, maintain and repair a telecommunications network consisting of small wireless facilities in, across, over, along, under,through and below the City of Federal Way and for the continued operation of certain macro wireless facilities within the rights-of-way? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2, 2020 CATEGORY: {� Consent ® Ordinance ❑ Public Hearing ❑ City uncal oslnes. -- Reso_lution Other DEPT: Public W� orksSTAFF REOR � uslrc Winkler,P.E.,Deputy Director ........... w... Attachments: 1. Staff Report 2. Ordinance Options Considered: 1.Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S Rid.COmP4°IEN�I I°1t1N: Option 1, MAYOR APPROVAL: t o tt �" DIRECTOR APPROVAL: ,t� t ou 111 InitiaMate trautrtroi�'hYawt Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on March 17, 2020. Mark Ko an ,Committee Chair H Tran, Comnmittee Member Martin Maore Committee.....w ewwm....ber. �— M PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (MARCH 17,2020): `1 move to forward the proposed ordinance to the April 7, 2020 Council Meetingfor second reading and enactment." SECOND READING OF ORDINANCE(APRIL 7,2020): "1 move approval of the proposed ordinance." 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-11/2019 RESOLUTION# ................................................................................... 93 CITY OF FEDERAL WAY MEMORANDUM ...............................___..... ................................. DATE: March 2, 2020 TO: City Council VIA: Jim Ferrell,Mayor FROM: EJ Walsh, P.E., Public Works Director I-Z-� �$,Ubesiree Winkler, P.E. Deputy Public Works Director SUBJECT: New Cingular Wireless PCS, LLC -Franchise Ordinance FINANCIAL IMPACTS: New Cingular Wireless PCS, LLC, (New Cingular Wireless) paid a fee of Five Thousand Dollars ($5,000.00) to recover the administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. New Cingular Wireless will be required to pay additional permitting fees for installation, operation and maintenance of their facilities, including, but not limited to right-of-way use permits, master license, and small wireless pen-nits. Annual rental fees for attachment to city infrastructure are limited by Federal Communications Commission (FCC) ruling to $270 per site. There are currently no applications for installations, nor detailed deployment plans to estimate potential revenue. BACKGROUND INFORMATION: New Cingular Wireless requested a franchise from the City of Federal Way in order to install, operate, maintain and repair a telecommunications network consisting of small wireless facilities in, across, over, along, under, through and below the City of Federal Way and for the continued operation of certain macro wireless facilities within the rights-of-way. The term of this Franchise is for a period of ten (10) years commencing on the effective date of this Franchise consistent with franchises the City has granted to other utility providers. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) ("Franchise Bond") running or renewable for the term of this Franchise. In addition, New Cingular Wireless shall guarantee work they complete in the right-of-way during project construction to final acceptance through a Performance Bond in an amount of 120 percent (120%) of the value of work performed followed by a two-year Maintenance Bond valued at 10% of the value of impacted city infrastructure. New Cingular Wireless will maintain insurance of$5 Million for commercial general liability, $5 Million for automobile, and carry an excess umbrella liability policy with limits of $10,000,000 per occurrence and in the aggregate. 94 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, granting New Cingular Wireless PCS,LLC,its affiliates,successors and assigns a nonexclusive franchise to occupy the rights-of-way of the City of Federal Way,Washington,within the specified franchise area for the purposes of constructing, maintaining, operating, replacing, and repairing a telecommunications network consisting of small wireless facilities in, across, over, along, under, through and below the City of Federal Way and for the continued operation of certain macro wireless facilities within the rights-of-way. WHEREAS, New Cingular Wireless PCS, LLC has requested a franchise from the City of Federal Way,in order to locate a telecommunications network consisting of small wireless facilities within the rights-of-way; and WHEREAS, New Cingular Wireless PCS, LLC currently operates four macro wireless facilities attached to Puget Sound Energy utility poles within the rights-of-way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise,which will specify the rights and duties of New Cingular Wireless PCS,LLC; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets,bridges or other public ways for, inter glia, conduits,wires, and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law and specifically reserves its right to adopt further regulations under its police powers; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 20- g f ..........n Page 1 0 60 95 Section 1. Definitions. Where used in this Franchise the following terms shall be defined as follows: 1.1 "City"means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council"means the City of Federal Way Council acting in its official capacity. 1.3 "Director"means the Public Works Director,or designee, of the City of Federal Way Public Works Department. 1.4 "Force Majeure Event": Circumstances beyond the control of a party including strikes, lockouts, sit-down strike, unusual transportation delays, riots, floods, washouts, explosions, earthquakes,fire,storms,weather(including inclement weather which prevents construction),acts of the public enemy, wars, terrorism, insurrections, and any other similar act of God event. 1.5 "Facilities"or"Facility"means"Small Wireless Facilities"as defined in FWRC 19.256.020 and shall mean those certain macro wireless facilities identified on Exhibit A. Facilities shall also include all necessary cables,transmitters,receivers,equipment boxes,backup power supplies,power transfer switches, electric meters, coaxial cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary or convenient appurtenances used for the specific small wireless facility and only as allowed pursuant to FWRC Chapter 19.256. Equipment enclosures with equipment generating noise that exceeds the noise limits allowed in the Codes or associated permit are excluded from"Facilities." 1.6 "Franchise Area"is the entire City as it pertains to Small Wireless Facilities and only those specific locations identified on Exhibit A for the macro wireless facilities. Ordinance No. 20- Page 2 of 60 96 1.7 "Franchisee"means New Cingular Wireless PCS,LLC,a Delaware limited liability company, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 0 herein. 1.8 "FWRC"means the Federal Way Revised Code. 1.9 "Rights-of-Way"means land acquired or dedicated for public roads and streets,but does not include: (a) State highways; (b) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c)Federally granted trust lands or forest board trust lands; (d) lands owned or managed by the state parks and recreation commission; (e) federally granted railroad rights-of-way acquired under 43 U.S.C. § 912 and related provisions of federal law that are not open for vehicular use; or(f) leasehold or City owned property to which the City holds fee title or other title and which is utilized for park,utility, or a governmental or proprietary use and not primarily for road,street,or highway use. Franchisee is still required to obtain a lease or similar agreement for the usage of any City, or third party owned poles, conduit, fixtures, or structures. 1.10 "Services"means a small wireless facility network designed to deliver all services authorized by federal or state law, including personal wireless services, telecommunications services, and commercial mobile data services, as those terms are defined by federal law and the operation of those macro wireless facilities identified on Exhibit A. Services do not include those personal wireless services and associated facilities that fall outside of the definition of Small Wireless Facilities(e.g., macro wireless facilities)except for those certain macro wireless facilities identified on Exhibit A. 1.11 "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Ordinance No. 20--, Page 3 of 60 .. .......... 97 Section 2. ;rant/Accptance. 2.1 Grant of Franchise.The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, operating, excavating, installing, maintaining, restoring, replacing and repairing Small Wireless Facilities throughout the City and those certain macro wireless facilities identified on Exhibit A. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This Franchise does not grant the right to install any future macro wireless facilities in the Rights-of-Way. Nothing contained within this Franchise shall be construed to grant or convey any right,title,or interest in the Rights-of-Way to Franchisee other than for the purpose of providing the Services,nor to subordinate the primary use of the Right-of-Way as a public thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall request a written amendment to this Franchise;provided, however,that Franchisee may not operate a Cable Service or Cable System as defined in 47 U.S.C. § 522 under this Franchise. This Franchise does not grant Franchisee the right to install and operate wires and facilities to provide wireline transmission services, whether provided by a third-party, Franchisee,or a corporate affiliate of Franchisee.Any entity that provides such wireline transmission services shall have an independent franchise to use the Rights-of-Way separate from this Franchise. Further, this Franchise does not grant Franchisee the right to attach those macro wireless facilities listed on Exhibit A to Puget Sound Energy poles, or to place equipment on private property; such approvals must be made directly by Puget Sound Energy and such private property owners. 2.2 Acip cc_ �r r<chis e. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,within thirty(30) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. In addition, Franchisee shall submit proof of Ordinance No. 20-......... Page 4 of 60 98 insurance obtained and additional insured endorsement pursuant to 0,and shall provide the City with the name and contact information for the Franchise manager pursuant to Section 0. The administrative fee pursuant to 0 is due within thirty(30)days of receipt of the invoice from the City. Section 3. City PropertylNon-Exclusive Franchise. 3.1 Ciy l'ropert This Franchise does not and shall not convey any right to Franchisee to install its Facilities on,under,over, across,or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on,under,over, across or otherwise use any City- owned or leased property within the Franchise Area other than the Rights-of-Way. Further,no right to install any facility, infrastructure,wires,lines, cables, or other equipment,upon private property without the owner's consent is granted herein. If Franchisee desires to use City-owned structures, physical facilities,parks,poles(including,but not limited to,utility poles and light poles),conduits, fixtures, or real property located within the Rights-of-Way, it shall enter into a separate lease or license agreement with the City. 3.2 Non-Exclusive Franchise. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in,under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law, including the City's right to adopt future regulations under its police powers. Such Franchise shall in no way prevent or prohibit the City from using any of said roads, streets, or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes,relocations,repairs, maintenance, establishment,improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Rights-of-Way, thoroughfares and other public properties of every type and description. Ordinance No. 20- Page 5 of 60 99 Section 4. Term. Subject to Franchisee filing its acceptance pursuant to Section 0, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section 5. Location of Facilities. 5.1 Location. The Facilities permitted by this Franchise shall be installed consistent with the FW RC and the City's standards,including but not limited to, Chapter 19.256 FWRC and the City of Federal Way Development Guidelines. The location of the Facilities,their depths below surface of ground, their height above the surface of the ground, or grade of a Right-of-Way, and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty(30) days after the installation of the Facilities. Upon written request of the City,Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map(or update thereof)so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 WSDOT.To the extent that any Rights-of-Way within the Franchise Area are part of the state highway system("State Highways")are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department ofTransportation ("WSDOT") regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that: a. Any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT and City requirements; Ordinance No. 20-,,. Page 6 of 60 100 b. Any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired,and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT and City requirements; and C. Without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway, 5.3 GIS Data.At such time as Franchisee develops or employs Geographic Information System ("GIS")technology, Franchisee shall submit the information required in Section 0 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.4 Design ing . In the event the City desires to design new streets or intersections,renovate existing streets, or make any other public improvements, Franchisee shall at the City's request, provide the location of Franchisee's Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.5 One Call Locator Service. Prior to doing any work in the Franchise Area,the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW.Further,upon request from a third party or the City, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to,Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Ordinance No. 20.. ............_ Page 7 of 60 101 Section 6. Noninterference of Facilities. 6.1 Maintenance of Facilities.Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1)so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and FWRC requirements, Franchise provisions,regulations,resolutions and rules,as now existing or as hereafter amended;and (3) as required by the Director. This requirement applies whether the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. 6.2 Interference with Use of the Streets. When installing, locating, laying, or maintaining Facilities,apparatus,or improvement,Franchisee shall not interfere with the use of any street to any greater extent than is necessary,and shall leave the surface of any such street in as good condition as it was prior to performance by Franchisee of such work.Any Facility, apparatus, or improvement shall be laid,installed,located,or maintained in conformance with instructions given by,and to the satisfaction of the City. In any event, Franchisee shall, at its own expense, and to the satisfaction of the City in accordance with the terms of the right-of-way permit, restore to City standards and specifications any damage or disturbance caused to the Rights-of-Way or any City property as a result of Franchisee's construction or operations. Section 7. RRe(p zrement to Obtain Permits &Work in the Right of Wg_y. 7.1 Pert-nits and Permit A iations. Franchisee shall, at its expense, obtain all permits, including but not limited to rights-of-way permits and small wireless facility permits, and pay all permit fees required by applicable City ordinances, regulations, resolutions, and rules prior to commencing any work within the Franchise Area. The manner of excavation, construction, installation,backfill, and temporary structures such as, but not limited to,traffic turnouts and road obstructions shall meet the standards of the FWRC and be satisfactory to the Director. All traffic Ordinance No. 20--,,-,--,, Page 8 of 60 102 control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices ("MUTCD"). 7.2 Eniggency EmergencyException to PermitRequirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property,life,health,or safety of any individual,Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of the nature and extent of the emergency, and the work to be performed,prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. 7.3 Desio Standards for Wireless ess Services and Undc!:gEgran&g ac Citi s. Franchisee shall adhere to the City's Design and Construction Standards for the deployment of personal wireless services facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be required by such design standards and this Franchise. Franchisee shall not be permitted to erect new poles, except as permitted pursuant to Chapter 19.256 FWRC. a. Franchisee acknowledges and agrees that if the City allows the placement of Facilities above ground the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to an underground installation or to be relocated at Franchisee's expense if the existing poles on which Franchisee's Facilities are located are designated for removal due to a City projects as described in 0. This Franchise does not place an affirmative obligation on the City to allow the relocation of such Facilities on public property or in the Right-of-Ways nor does it relieve Franchisee from any FWRC provision(s) related to the siting of wireless facilities. b. Franchisee shall not be required to underground any portion of the Facility that must technically remain above-ground to operate. If the City requires undergrounding of wirelines(either Ordinance No. 20- Page 9 of 60 103 telecommunications or electrical) and allows Franchisee's Facilities to remain above ground,then Franchisee shall fully cooperate with the City and modify the affected Facilities to incorporate the placement of wireline services underground and internal to the pole if the replacement pole is hollow (for example, electrical and fiber) or otherwise consistent with a design pian agreed to between the City and Franchisee, at no cost to the City, 7.4Work wp tqits of ia . During any period of relocation,construction or maintenance,all work performed by Franchisee or its contractors and subcontractors shall be accomplished in a safe and workmanlike manner,so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. 7.5 Coordination of Activities. Franchisee shall meet with the City and other franchise holders and users of the Rights-of-Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights-of-Way.All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 8. Standard of Performance. 8.1 Backllllin.x Re uircinents.The Franchisee shall not excavate for a distance ofmore than one hundred feet (100') without immediately backfilling and compacting to surface grade and City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the day in which they have been opened. Trench areas within the Ordinance No. 20- Page 10 of 60 104 Right-of-Way,but not within a driving lane,must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. 8.2sptLaL fl rla !.Any asphalt overlay completed within the Franchise Area during the five(5) year-period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Section 0 above. Franchisee shall install new asphalt overlay on any street that is open cut,whether in an emergency or otherwise,for a minimum of one(1)block(approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director. 8.3 As-BuiltMa s.Within fifteen(15)days of completion of any installation or modification of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. These plans and maps shall be provided at no cost to the City and shall include hard copies and digital files in Autocad or other industry standard readable formats that are acceptable to the City and delivered electronically.Franchisee shall warrant the accuracy of all plans, maps, and as-builts provided to the City. 8.4 Joint Trench.If Franchisee shall at any time plan to make excavations in any area covered by this Franchise, Franchisee shall afford the City, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: a. Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; b. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and Ordinance No. 20- Page 11 of 60 _...n........-. 105 C. Franchisee may deny such request for safety reasons. 8.5 Onen Utility Trenches. Franchisee shall be entitled to reasonable access to open utility trenches when the City is constructing new utility trenches, provided that such access does not interfere with the City's placement of utilities or increase the City's costs.Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs of access to an open trench, additional costs, as determined by the City, attributed to Franchisee due to Franchisee's request to access the utility trenches, and any costs associated with the delay of the completion of a public works project. Further, the City may deny such requests if: a. Such joint use unreasonably delays the work of the City; b. The parties cannot agree on terms and conditions; or C. Granting access to the utility trench creates a safety concern. 8.6 Additional„Ducts/Conduit. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing,relocating,or placing ducts or conduits in the Rights- of-Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. 8.7 Tree Trig u-nii-r-g. Franchisee may trim trees upon and overhanging on the Rights-of-Ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the trees from coming in contact with Franchisee's Facilities.The right to trim trees in this Section 0 shall only apply to the extent necessary to protect Franchisee's Facilities. Franchisee shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities.All trimming, except in Ordinance No. 20-----, Page 12 of 60 106 emergency situations, is to be done after the explicit prior written notification and approval of the City and at the expense of Franchisee. Franchisee may contract for such services,however,any firm or individual so retained must first receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City,to enter upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions.Franchisee shall indemnify,defend,and hold harmless the City from third-party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming,damage,and/or removal.Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Director. 8.8 Safety.Franchisee shall,at all times, employ professional care and shall install and maintain and use industry-standard methods for preventing failures and accidents that are likely to cause damage,injuries,or nuisances to the public.All structures and all lines, equipment,and connections in,over,under,and upon the Rights-of-Ways,wherever situated or located,shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements,rules,regulations,laws,and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities.Byway of illustration and not limitation,Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration ("OSHA") Standards. Upon reasonable notice to Ordinance No. 20- Page 13 of 60 107 Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are . constructed and maintained in a safe condition. 8.9 Additional Safety Standards. a. Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. b. All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry-standard engineering practices and shall comply with all federal,State,and local regulations, ordinances, and laws. C. Any opening or obstruction in the Rights-of-Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers,fences,or boarding,the bounds of which,during periods of dusk and darkness, shall be clearly marked and visible. 8.10 Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit,laws,regulations,ordinances,or standards,the work may immediately be stopped by the City. The stop work order shall: 8.11 Be in writing; 8.12 Be given to the person doing the work or posted on the work site; 8.13 Be sent to Franchisee by overnight delivery; 8.14 Indicate the nature of the alleged violation or unsafe condition; and 8.15 Establish conditions under which work may be resumed. Ordinance No. 20- _ Page 14 of 60 108 Section 9. Survey Markers and Monuments. 9.1 Survey Markers and Monuments. Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. In accordance with RCW 58.24.040(8),no cadastral or geodetic survey monument maybe disturbed without a valid permit to remove or destroy a survey monument,issued by the Washington State Department of Natural Resources. Permit applications can be obtained on the DNR Public Land Survey Office website. The permit application must be stamped by a registered Washington State Land Surveyor. Franchisee shall obtain the permit to remove or destroy a survey monument as necessary.All costs to obtain and comply with the permit shall be paid by Franchisee. 9.2 Surface Markin s/Stcel. Prior to Franchisee commencing any excavation work within the Franchise Area,Franchisee shall reference all monuments and markers relating to subdivisions,plats, highways,and other surveys.The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise.The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee.A complete set of reference notes for monuments and other ties shall be filed with the City. Section 10. Work of Subcontractors and Contractors. Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were Ordinance No. 20- Page 15 of 60 109 performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section 11. Right of City to Complete Work. 11.1 l'on- ompliance/Work Performed by City. In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances,rules,regulations, or standards or with any of the terms of this Franchise and such noncompliance continues for a period of thirty (30) days after Franchisee receives written notice from the City regarding the noncompliance,the City may,but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to 0 herein and Franchisee's obligation to remove or relocate facilities pursuant to 0 herein. If any work by Franchisee endangers property or the public, the cure period referenced in the previous sentence shall be ten (10) days. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee,Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys' fees; however, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. 11.2 Empi e dark Performed by City.The City retains the right and privilege to cut or move any Facilities located within the Rights-of-Way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. Consistent with Section 0, Franchisee shall reimburse the City for the costs associated with the repair. Ordinance No. 20- Page 16 of 60 110 11.3 No Liabilitv for Damage. The City shall not be liable for any damage to or loss of Facilities within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction,grading, excavation, filling, or work of any kind in the Rights-of-Way by or on behalf of the City, except to the extent directly and proximately caused by the sole negligence or intentional misconduct of the City,its employees,contractors,or agents.The City shall further not be liable to Franchisee for any direct,indirect,or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this 0 except to the extent caused by the sole negligence or intentional misconduct of the City, its employees, contractors, or agents. Section 12. Re uired relocation of Facilities. 12.1ftyt des ry tion of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose. The rights reserved herein include,without limitation,the construction,installation,and/or maintenance of any electrical,water,sewer or storm drainage line,traffic signals, street lights,trees,landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street and Right-of-Way improvement projects. 12.2 Relocation. The City may require Franchisee, and Franchisee covenants and agrees, to protect, support, temporarily disconnect, relocate, remove, and/or modify its Facilities within the Rights-of-Way when reasonably necessary for construction,alteration,repair,or improvement of the Right-of-Way for purposes of public welfare,health, or safety. These projects may include,but are not limited to,improving the Rights-of-Way for traffic conditions,dedications ofnew Rights-of-Way and the establishment and improvement thereof, widening and improvement of existing Rights-of- Way, street vacations, roadway construction, change or establishment of street grade, or the Ordinance No. 20-__._._____ Page 17 of 60 111 construction of any public improvement or structure,or as otherwise necessary for the operations of the City, regardless of the type of entity(public or private) performing the project. Collectively all such projects described in this Section 0 shall be considered"Public Improvement Projects." Except as otherwise provided by law, the costs and expenses associated with relocation or disconnections ordered pursuant to this Section shall be borne by Franchisee. 12.3 Notice of Public Ian rovernent Pro`ects.If the City determines that the project necessitates the relocation of Franchisee's existing Facilities,the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW 35.99.060(2). In calculating the Relocation Date,the City shall consult with Franchisee and consider the extent of facilities to be relocated,the services requirements, and the construction sequence for the relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation. Franchisee shall complete the relocation by the Relocation Date,unless the City or a reviewing court establishes a later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to engage in the following recommended process, absent an emergency posing a threat to public safety or welfare or an emergency beyond the control of the City that will result in severe financial consequences to the City: a. The City will consult with the Franchisee in the predesign phase of any Public Improvement Project in order to coordinate the project's design with Franchisee's Facilities within such project's area. b. Franchisee shall participate in predesign meetings until such time as(i)both parties mutually determine that Franchisee's Facilities will not be affected by the Public Improvement Ordinance No. 20-_—,m__ Page 18 of 60 112 Project or (ii) until the City provides Franchisee with written notice regarding the relocation as provided in subsection 0 below. C. Franchisee shall,during the predesign phase, evaluate and provide comments to the City related to any alternatives to possible relocations. The City will give any alternatives proposed by the Franchisee full and fair consideration,but the final decision accepting or rejecting any specific alternative shall be within the City's reasonable judgment. d. The City will provide Franchisee with its decision regarding the relocation of Franchisee's Facilities as soon as reasonably possible, endeavoring to provide no less than ninety (90) days prior to the commencement of the construction of such Public Improvement Project; provided,however,that in the event that the provisions of a state or federal grant require a different notification period or process than that outlined in Section 5.5, the City will notify the Franchisee during the predesign meetings and the process mandated by the grant funding will control. e. After receipt of such written notice, Franchisee shall relocate such Facilities to accommodate the Public Improvement Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. 12.4 Franchisee's Duties, Within the time frame established by the City notice under Section Error! Reference source not found.requiring relocation, Franchisee shall raise,lower,or move such Facilities within the Franchise Area to the location or position directed by the City, to cause the least interference with the improvement,repair,or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a Right-of-Way, Franchisee shall, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of Ordinance No. 20- Page 19 of 60 113 the Right-of-Way. The relocation of the Facilities shall be at the Franchisee's sole cost and expense except as otherwise provided in RCW 35.99.060. 12.5 Delay. Franchisee shall be solely responsible for the actual out-of-pocket costs incurred by the City for delays in a Public Improvement Project to the extent the delay is caused by or arises out of Franchisee's failure to comply with the final schedule for the relocation(other than as a result of Force Majeure Event or causes or conditions caused by the acts or omissions of the City or any third party unrelated to Franchisee. Franchisee vendors and contractors shall not be considered unrelated third parties). Such out-of-pocket costs may include, but are not limited to, payment to the City's contractors and/or consultants for increased costs and associated court costs,interest,and attorneys' fees incurred by the City to the extent directly attributable to such Franchisee's caused delay in the Public Improvement Project. Franchisee will indemnify, hold harmless, and pay the costs of defending the City,in accordance with the provisions of Section 16,against any and all claims,suits, actions,damages,or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities as provided in this 0; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the sole negligence,willful misconduct,or unreasonable delay of the City or any unrelated third party. 12.6 Third-Party Relocations. The provisions of this 0 shall in no manner preclude or restrict Franchisee from making arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City,or a third-party on behalf of the City, where the facilities to be constructed by said person or entity are not or will not become City- owned,operated,or maintained facilities provided that such arrangements do not unduly delay a City construction project. Ordinance No. 20- Page 20 of 60 114 12.7 Relocation-Franchisee Owned Structures. The cost of relocation of any Franchisee owned poles or structures shall be determined in accordance with the requirements of RCW 35.99.060(3)(b), provided, however, that the Franchisee may opt to pay for the cost of relocating its Small Wireless Facilities in order to provide consideration for the City's approval to site a Small Wireless Facility on Franchisee owned structures or poles in a portion of the Right-of-Way designated or proposed for a Public Improvement Project. For this Section 0, designation of the Right-of-Way for a Public Improvement Project shall be undertaken in the City's Comprehensive Plan in accordance with the requirements of Ch. 36.70A RCW. The Comprehensive Plan includes, but is not limited to, the Transportation element or Transportation Improvement Plan (TIP), Capital Facilities element, utilities element and any other element authorized by RCW 36.70A.070 and RCW 36.70A.080. The parties acknowledge that this provision is mutually beneficial to the parties, as the City may otherwise deny the placement of the Small Wireless Facility at a particular site because of the cost impact of such relocation and the conflict with the City's Comprehensive Plan. 12.8 Thirdl ft t rw t uctures. If the request for relocation from the City originates due to a Public Improvement Project, in which structures or poles are either replaced or removed, then Franchisee shall relocate or remove its Facilities as required by the City at no cost to the City, subject to the procedures in this 0. Franchisee acknowledges and agrees that,to the extent Franchisee's Facilities are located on poles owned by third-parties,the City shall not be responsible for any costs associated with requests arising out of a City Public Improvement Project. 12.9 Locate.Upon request of the City and in order to facilitate the design of City street and Right- of-Way improvements, Franchisee agrees, at its sole cost and expense, to locate, and if reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so that the Facilities'location may be taken into account in the improvement design.The decision as to whether Ordinance No. 20- Page 21 of 60 ................................. 115 any Facilities need to be relocated in order to accommodate the City's improvements shall be made by the City upon review of the location and construction of Franchisee's Facilities. The City shall provide Franchisee at least fourteen(14) days'written notice prior to any request for excavation or exposure of Facilities. 12.10 City"g Costs. If Franchisee fails, neglects, or refuses to remove or relocate its Facilities as directed by the City following the procedures outlined in this 0, then upon at least ten (10) days' written notice to Franchisee,the City may perform such work or cause it to be done, and the City's costs shall be paid by Franchisee pursuant to 0. Section 13. Darnage Repair. In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to Rights-of-Way,or to public and private improvements within or adjacent to Rights-of- Way,the Franchisee agrees to repair the damage at its own cost and expense.The Franchisee shall, upon discovery of any such damage,immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to Rights-of-Way or to public and private improvements within or adjacent to Rights-of- Way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a Right-of-Way or an improvement as required in this section, the City may repair the damage pursuant to 0 of this Franchise. Section 14. Default. 14.1 Remedies. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City Ordinance No. 20- 116 Page 22 of 60 by reason of Franchisee's failure to comply. In addition to any other remedy provided herein,the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights,remedies,or obligations as otherwise provided by law equity,or otherwise, and nothing contained herein shall be deemed or construed to affect any such waiver. 14.2 Notice and Cure, Damages. If Franchisee shall violate, or fail to comply with any of the provisions of this Franchise,or should it fail to heed or comply with any notice given to Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written notice specifying with reasonable particularity the nature of any such breach and Franchisee shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within(30)thirty days, the City may specify a longer cure period, and condition the extension of time on Franchisee's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty(30)day cure period, and diligent prosecution of the work to completion.If the breach is not cured within the specified time, or Franchisee does not comply with the specified conditions, City may,at its discretion,(1)commence revocation proceedings pursuant to Section 0,or(2)claim damages of Two Hundred Fifty Dollars($250.00)per day against the Franchisee or bond set forth in 0, or(3) pursue other remedies as described in Section 0 above. 14.3 Revocation of Franchise. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Ordinance No. 20--- 117 Page 23 of 60 Franchisee shall, at the election of the Federal Way City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 15. Deolownent of Facilities. 15.1 CitvRetains AoDroval Authoritv. The City shall have the authority at all times to control by appropriately exercised police powers through ordinance or regulation, consistent with 47 U.S.C. § 253,47 U.S.C. § 332(c)(7)and the laws of the State of Washington,the location,elevation,manner of construction, and maintenance of any of Franchisee's Facilities, and Franchisee shall promptly conform with all such requirements, unless compliance would cause Franchisee to violate other requirements of law. This Franchise does not prohibit the City from exercising its rights under federal, state or local law to deny or give conditional approval to an application for a permit to construct any individual Facility. 15.2 Cit ALgyals and Permits. The granting of this Franchise is not a substitute for any other Cityrequired approvals to construct Franchisee's Facilities in the Rights-of-Way("City Approvals"). The parties agree that such City Approvals (except Right-of-Way use permits as described in 0 of this Franchise)are not considered use permits,as that term is defined in RCW 35.99.010.These City Approvals do not grant general authorization to enter and utilize the Rights-of-Way but rather grant Franchisee permission to build its specific Facilities. Therefore,CityApprovals are not subject to the thirty(30) day issuance requirement described in RCW 35.99.030. The parties recognize that this provision is specifically negotiated as consideration for designating the entire City as the Franchise Area. Such City Approvals shall be issued consistent with the Codes, state, and federal laws governing wireless communication facility siting and may be in addition to any permits required under Section 0. Ordinance No. 20- 118 Page 24 of 60 15.3 preference for l xi�itj2g lritt-a trggturSite SpecificAgreements. a. Franchisee shall utilize existing infrastructure in the City whenever possible and consistent with the design, concealment, and siting of the Codes. The erection of new poles or structures in the Right-of-Way may only be permitted if no other alternative space feasible for the installation of the Facility is available. In the event that existing infrastructure is not available or feasible for a Facility,or if the City prefers new poles or infrastructure in a particular area of the City, then Franchisee may request the placement of new or replacement structures in the Rights-of-Way consistent with the requirements of the Codes. b. Franchisee acknowledges and agrees that pursuant to RCW 35.21.860, Franchisee may be required to enter into a site-specific agreement or lease for any of the following: (i) The placement of new poles or structures in the Right-of-Way regardless of height, unless the new structure is the result of a mandated relocation; (ii) The placement of replacement structures when the replacement is necessary for the installation or attachment of the Facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the Facility is more than sixty feet; or (iii) The placement of Facilities on poles or structures owned by the City located in the Right-of-Way. C. Replacement poles or structures which remain substantially similar to existing structures or deviate in height or design as permitted within the FWRC are permissible provided that Franchisee,or the pole owner at the Franchisee's request,removes the old pole or structure promptly, but no more than ninety(90) days after the installation of the replacement pole or structure. Ordinance No. 20- 119 Page 25 of 60 d. This Section 15.3.4 does not place an affirmative obligation on the City to allow the placement of new infrastructure on public property or in the Rights-of-Way, nor does it relieve Franchisee from any Code provision related to the siting of wireless facilities. 15.4 Concealment. Franchisee shall construct its Facilities consistent with the concealment or stealth requirements as described in the Codes, as the same exist or are hereafter amended,or in the applicable permit(s), lease, site specific agreement, or license agreement, in order to minimize the visual impact of such Facilities. 15.5 Eligible ible'Facilities Requests. The parties acknowledge that it is the intent of this Franchise to provide general authorization to use the Rights-of-Way for Small Wireless Facilities. The designs as illustrated in a Small Wireless Permit, including the dimensions and number of antennas and equipment boxes and the pole height are intended and stipulated to be concealment features when considering whether a proposed modification is a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a). 15.6 Inventory. Franchisee shall maintain a current inventory of Facilities throughout the Term of this Franchise. Franchisee shall provide to the City a copy of an inventory report within thirty(30) days after a request by the City. The inventory report shall include GIS coordinates, date of installation, type of pole used for installation, description/type of installation for each Facility installation and photographs taken before and after the installation of the Facility and taken from the public street. Facilities that are considered Deactivated Facilities,as described in Section 0,shall be included in the inventory report and Franchisee shall provide the same information as is provided for active installations as well as the date the Facilities were deactivated and the date the Deactivated Facilities were removed from the Right-of-Way. The City shall compare the inventory report to its records to identify any discrepancies, and the parties will work together in good faith to resolve any Ordinance No. 20- _ 120 Page 26 of 60 discrepancies. Franchisee is not required to report on future inventory reports any Deactivated Facilities that were removed from the Right-of-Way since the last reported inventory and may thereafter omit reference to the Deactivated Facilities. 15.7 Unauthorized Facilities. Any Small Wireless Facilities installations in the Right-of-Way that were not authorized under this Franchise or other required CityApproval("Unauthorized Facilities") will be subject to the payment of an Unauthorized Facilities charge by Franchisee. The City shall provide written notice to Franchisee of any Unauthorized Facilities identified by City staff and Franchisee shall either(i)establish that the site was authorized,or(ii)submit a complete application to the City for approval of the Unauthorized Facilities. Upon notice of the Unauthorized Facility, Franchisee shall be charged Five Hundred and 00/100 Dollars ($500.00)per day per Unauthorized Facility("Unauthorized Facility Penalty"). The Unauthorized Facility Penalty shall be waived in its entirety if Franchisee can establish that the site was in fact authorized. The Unauthorized Facility Penalty shall be suspended upon the submission of a complete application to the City requesting approval of the Unauthorized Facility. If the application for such Unauthorized Facilities is denied as the final decision, then the Unauthorized Facility Penalty will resume until the Unauthorized Facilities are removed and Franchisee shall remove the Unauthorized Facilities from the City's Right-of-Way within thirty(30)days after the expiration of all appeal periods for such denial. Upon the conclusion of any matter involving an Unauthorized Facility, City shall provide Franchise an invoice detailing the total amount of the Unauthorized Facility Penalty, if any, which penalty Franchisee shall pay within thirty(30)days after receipt of notice thereof.This Franchise remedy is in addition to any other remedy available to the City at law or equity. Notwithstanding the foregoing, an Unauthorized Facility Penalty pursuant to this Franchise shall not be assessed if Franchisee received City Approval for the Small Wireless Facilities but such Small Wireless Facilities are Ordinance No. 20-.........,..._........ Page 27 of 60 121 technically inconsistent with the City Approval;provided,however,Franchisee is still required to fix any inconsistencies with the permit requirements and that this provision does not restrict the City's other enforcement rights. 15.8 Graffiti Abatement. As soon as practical, but not later than seven (7) days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove all graffiti on any of its Facilities of which it is the owner of the pole or structure or on the Facilities themselves attached to a third-party pole(e.g.,graffiti on the shrouding protecting the radios). The foregoing shall not relieve Franchisee from complying with any City graffiti or visual blight ordinance or regulation. 15.9 Emissions Reports. a. Franchisee is obligated to comply with all laws relating to allowable presence of or human exposure to Radiofrequency Radiation("RFs")or Electromagnetic Fields("EMFs")on or off any poles or structures in the Rights-of-Way, including all applicable FCC standards,whether such RF or EMF presence or exposure results from the Facility alone or from the cumulative effect of the Facility added to all other sources operated by Franchisee or on behalf of Franchisee on or near the specific pole or structure. Franchisee shall comply with the RF emissions certification requirements of FWRC 4.23.020(2). b. Nothing in this Franchise prohibits the City from requiring periodic testing of Franchisee's Facilities,provided that such testing is not requested on any one Facility more than once in a calendar year,unless as otherwise required by a permit or due to a modification of the Facility. The City may inspect any of Franchisee's Facilities and equipment located in the Rights-of-Way. If the City discovers that the emissions from a Facility exceeds the FCC standards,then the City may order Franchisee to immediately turn off the Facility or portion thereof committing the violation, until the emissions exposure is remedied. Such notification shall be made orally by calling(800) Ordinance No. 20-,, 122 Page 28 of 60 832-6662 and by written notice pursuant to Section 0. Franchisee is required to promptly turn off that portion of the Facility that is in violation,no later than forty-eight(48)hours after receipt of oral notice. Franchisee shall reimburse the City for any costs incurred by the City for inspecting the Facility and providing notice as described in 0. 15.10 Interference with Public Facilities. Franchisee's Facilities shall not physically interfere or cause harmful interference, as defined in 47 CFR 15.3(m),with any City operations(including,but not limited to, traffic lights, public safety radio systems, or other City communications infrastructure), or the emergency communications operation or equipment. If the Facilities cause such harmful interference,Franchisee shall respond to the City's request to address the source of the interference as soon as practicable, but in no event later than forty-eight(48)hours after receipt of notice. The City may require,by written notice,that Franchisee power down the specific Facilities, or portion thereof, causing such interference if such interference is not remedied within forty-eight (48)hours after notice. If,within thirty(3 0)days after receipt of such written notice from the City of such interference, Franchisee has not abated such interference, such Facility may be deemed an Unauthorized Facility and subject to the provisions of Section 0 or removal by the City consistent with Section 0. 15.11 Interference with Other Facilities. Franchisee is solely responsible for determining whether its Facilities interfere with telecommunications facilities of other utilities and franchisees within the Rights-of-Way. Franchisee shall comply with the rules and regulations of the Federal Communications Commission regarding radio frequency interference when siting its Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights and obligations under this Franchise shall not physically or technically interfere in any manner with the existence and operation of any and all existing utilities, sanitary sewers, water mains, storm drains, gas mains, Ordinance No. 20-,... , "" 123 Page 29 of 60 poles,aerial and underground electrical and telephone wires,electroliers, cable television,and other telecommunications,utility,or municipal property,without the express written approval of the owner or owners of the affected property or properties, except as expressly permitted by applicable law or this Franchise. Section 16. LimitedjL t . This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. The City reserves the right to limit or exclude Franchisee's access to a specific route,Right-of-Way or other location when,in the judgment of the Director there is inadequate space(including,but not limited to,compliance with ADA clearance requirements and maintaining a clear and safe passage through the Rights-of-Way), a pavement cutting moratorium, unnecessary damage to public property, public expense, inconvenience, interference with City utilities, or for any other reason determined by the Director. Section 17. Eminent Domain. The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 18. Vacation. If at any time the City,by ordinance,vacates all or any portion of the Franchise Area,the City will not be liable for any damages or loss to the Franchisee by reason of such vacation.The City shall notify Franchisee in writing not less than thirty(30) days before vacating all or any portion of the Franchise Area, if Franchisee has Facilities within such area planned for vacation. The City may, Ordinance No. 20- Page 30 of 60 124 after thirty(30)days written notice to Franchisee,terminate this Franchise with respect to any such vacated area. At Franchisee's request, the City will, if practicable, reserve an easement for Franchisee's existing facilities to continue to use the vacated area. Franchisee must provide to the City information necessary for the City to reserve such easement within the thirty(30) day period. mSection 19. Compliance with Laws. 19.1 General. The City and Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided,however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit, or approval are in conflict, the term or condition of this Franchise will control. 19.2 Future City ofFederal Way Regulation. Franchisee acknowledges that the Citymay develop rules,regulations, ordinances, and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.Notwithstanding the preceding sentence,any pre-existing Facilities shall not be required to comply with the terms of any new rules, regulations, ordinances and specifications unless Franchisee modifies its Facilities. 19.3 Franchise Fees. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.99.010.As a result, the City will not impose a franchise fee under the terms of this Franchise,other than as described herein.The City hereby reserves its right to impose a franchise fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the Ordinance No. 20- 125 Page 31 of 60 imposition of such fees are removed. In either instance,the City also reserves its right to require that Franchisee obtain a separate franchise for its change in use,which franchise may include provisions intended to regulate Franchisee's operations, as allowed under applicable law,. 19.4 Taxes. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a cellular telephone service and that Franchisee shall pay to the City the rate applicable to such taxable services under Chapter 3.10 FWRC, and consistent with state and federal law. The parties agree that if there is a dispute regarding tax payments that the process in Chapter 3.10 FWRC shall control.The parties agree that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend Chapter 3.10 FWRC as may be permitted by law.. Section 20. Guarantee. Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair including Facilities and right-of-way restoration. This guarantee shall apply only to such settlement or repair that the City attributes to Franchisee's Facilities, actions or omissions. Section 21. Charge for Administrative Costs. 21.1 Administrative Fee. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and processing this Franchise. Such administrative fee shall be offset against the fee deposit required pursuant to FWRC 4.22.040; provided, however, if the administrative fee exceeds the fee deposit,then the Franchisee shall remit such additional amounts within thirty(30)days of receipt of an invoice from the City. No construction permits shall be issued for the installation of Facilities Ordinance No. 20-.,- 126 Page 32 of 60 authorized until such time as the City has received payment of this fee. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection,or supervision of activities, including but not limited to reasonable fees associated with attorneys,consultants,City Staff and City Attorney time,undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 0. 21.2 Fmcr eencvRe air Costs. In addition to Section 0,Franchisee shall promptly reimburse the City in accordance with the provisions of Section 0 and Section 0 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. 21.3 Reimbursement of Expenses. Franchisee shall reimburse the City within sixty(60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Rights-of-Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Rights-of-Way as the result of the presence of Franchisee's Facilities in the Rights- of-Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities. Ordinance No. 20- 127 Page 33 of 60 21.4 Calculation ofCosts.The time of City employees shall be charged at the hourly rate specified in the applicable Code, schedule, or other City adopted regulation. Any other costs will be billed proportionately on an actual cost basis.All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement.A charge for the actual costs incurred in preparing the billing may also be included in said billing.At the City's option,the billing may be on an annual basis, but the City shall provide the Franchisee with the City's itemization of costs, in writing, at the conclusion of each project for information purposes. Section 22. Indemnification. 22.1 Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, volunteers, and representatives from any and all claims, costs,judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. 22.2 Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this 0. 22.3 The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 22.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's Ordinance No. 20-,_....... 128 Page 34 of 60 ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction(or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of the action,including all expert witness fees,costs,and attorney's fees,and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City,then upon the prior written approval and consent of Franchisee,which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel,except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction upon the Franchisee. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys'fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. 22.4 Except to the extent that damage or injury arises from the sole negligence or willful misconduct of the City, its officers, officials, employees or agents, the obligations of Franchisee Ordinance No. 20- 129 Page 35 of 60 under the indemnification provisions of this 0, and any other indemnification provision herein,shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the concurrent negligence of the City, its officers, officials,employees or agents and the Franchisee. Notwithstanding the proceeding sentence,to the extent the provisions of RCW 4.24.115 are applicable,the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity under Title 51 RCW,solely for the purposes of this indemnification, relating solely to indemnity claims made by the City directly against the Franchisee for claims made against the City by Franchisee's employees. This waiver has been mutually negotiated by the parties. 22.5 Notwithstanding any other provisions of this 0,Franchisee assumes the risk of damage to its Facilities located in the Rights-of-Way and upon City-owned property from activities conducted by the City,its officers,agents,employees,volunteers,elected and appointed officials,and contractors, except to the extent any such damage or destruction is caused by or arises from any solely negligent, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers,or elected or appointed officials,or contractors. In no event shall either party be liable to the other party for any indirect, incidental, special, consequential, exemplary,or punitive damages, including by way of example and not limitation lost profits,lost revenue,loss of goodwill,or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees,volunteers,or elected or appointed officials,or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not Ordinance No. 20- 130 Page 36 of 60 limited to,business interruption damages, lost profits and consequential damages,brought by users of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City,its officers,agents, employees or contractors. 22.6 The provisions of this 0 shall survive the expiration, revocation, or termination of this Franchise. Section 23. Insurance. 23.1 Franchisee shall procure and maintain for so long as Franchisee has Facilities in the Public Ways,insurance against claims for injuries to persons or damages to property which may arise from or in connection with the acts or omissions of Franchisee. Franchisee shall require that every subcontractor maintain substantially the same insurance coverage with substantially the same policy limits as required of Franchisee,except for the Excess Umbrella coverage described in subsection D below. Franchisee shall procure insurance from insurers with a current A.M. Best rating of not less than A-, VII. Franchisee shall provide a copy of a certificate of insurance and additional insured endorsement to the City for its inspection at the time of acceptance of this Franchise, and such insurance certificate shall evidence insurance that includes: a. Automobile Liability insurance with limits of$5,000,000 combined single limit per accident for bodily injury and property damage; b. Commercial General Liability insurance as per form ISO CG 00 01 or its equivalent, written on an occurrence basis with limits of $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury, contractual liability; premises;-operations; independent contractors; products and completed operations; and broad form property damage; explosion, collapse and underground (XCU); Ordinance No. 20- 131 Page 37 of 60 C. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington and Employer's Liability with a limit of$1,000,000 each accident/disease/policy limit. Evidence of qualified self-insurance is acceptable; and d. Excess Umbrella liability policy with limits of$10,000,000 per occurrence and in the aggregate. Franchisee may use any combination of primary and excess to meet required total limits. 23.2 Payment of deductible or self-insured retention shall be the sole responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this Section 23. Franchisee's umbrella liability insurance policy shall provide"follow form"coverage over its primary liability insurance policies or be at least as broad as such underlying policies. 23.3 The required Commercial General Liability and Umbrella/Excess Liability insurance policies obtained by Franchisee shall include the City,its officers,officials,employees,agents,and volunteers ("Additional Insureds"),as an additional insured with regard to this Franchise,with coverage at least as broad as CG 20 26 04 13 or its equivalent and the required Commercial Auto Liability policy obtained by Franchisee shall include the Additional Insureds,as an additional insured with regard to the use of vehicles by or on behalf of Franchisee while in performance of this Franchise.In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer's liability and except with respect to the rights and duties of Franchisee as the First Named insured. Franchisee shall provide to the City a certificate of insurance and a copy of the blanket additional insured endorsements. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee's obligations to fulfill the requirements.Franchisee's required general and auto liability insurance shall be primary insurance with respect to the City. Any insurance, self- Ordinance No. 20-_____------ 132 Page 38 of 60 insurance, or insurance pool coverage maintained by the City shall be in excess of Franchisee's required insurance and shall not contribute with it. 23.4 Upon receipt of notice from its insurer(s), Franchisee shall provide the City with thirty(30) days prior written notice of any cancellation or non-renewal of any insurance policy, required pursuant to this 0, which is not replaced. Franchisee shall, prior to the effective date of such cancellation, obtain replacement insurance policies meeting the requirements of this 0. Failure to obtain replacement insurance policies meeting the requirements of this 0 shall be considered a material breach of this Franchise and subject to the City's election of remedies described in 0 above. Notwithstanding the cure period described in 0 above,the City may pursue its remedies immediately upon a failure to furnish replacement insurance. 23.5 Franchisee's maintenance of insurance as required by this Section 23 shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further, Franchisee's maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. 23.6 The City may review all insurance limits once every three(3)calendar years during the Term and may make reasonable adjustments in the limits in accordance with prudent risk management practices and insurance industry standards upon thirty(3 0)days'prior written notice to Franchisee. Franchisee shall then provide an updated certificate of insurance to the City showing compliance with these adjustments and shall furnish the required blanket additional insured endorsement. 23.7 As of the Effective Date of this Franchise, Franchisee is not self-insured with respect to required insurance. Should Franchisee wish to become self-insured at the levels outlined in this Franchise at a later date,Franchisee or its affiliated parent entity shall comply with the following:(1) Ordinance No. 20-__,_____ 133 Page 39 of 60 provide the City,upon request, a copy of Franchisee's, or its parent company's,most recent annual report, if such financial statements are not otherwise publicly available; (2)Franchisee or its parent company is responsible for all payments within the self-insurance program; and (3) Franchisee assumes all defense and indemnity obligations as outlined in the indemnification section of this Franchise. Section 24. Bond. 24.1 Construction Performance Bond. Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the City equal to at least 120%of the estimated cost of restoring the Rights-of-Way and other City properties affected by the construction prior to commencement of any such work or such other amount as deemed appropriate by the Director. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights-of-Way and other City properties affected by the construction; (5) submission of as-built drawings after completion of construction; and (6) timely payment and satisfaction of all claims,demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work,recording of all easements,provision of as-built drawings,and the posting of a Maintenance Bond as described in Section 0. Compliance with the Performance Bond requirement of the City's current Design and Construction Standards shall satisfy the provisions of this Section 0. 24.2 Maintenance Bond. Franchisee shall furnish a two(2)year maintenance bond("Maintenance Bond"),or other surety acceptable to the City, at the time of final acceptance of construction work on Ordinance No. ZO-.......................... 134 Page 40 of 60 Facilities within the Rights-of-Way. The Maintenance Bond amount will be equal to ten percent (10%)of the documented final cost of restoring the Rights-of-Way and other City properties affected by the construction, but in no event shall a bond of more than $250,000 be required. The Maintenance Bond in this Section 0 must be in place prior to City's release of the bond required by Section 0. Compliance with the Maintenance Bond requirement of the City's current Design and Construction Standards shall satisfy the provisions of this Section 0. 24.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) ("Franchise Bond") running or renewable for the term of this Franchise,in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure,then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this 0 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 25. Abandonment. 25.1 Where any Facilities or portions of Facilities are no longer needed, and their use is to be discontinued, the Franchisee shall report within thirty (30) days such Facilities in writing ("Deactivated Facilities")to the Director. This notification is in addition to the inventory revisions addressed in 0. Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days and the site, pole or infrastructure restored to its pre-existing condition. This Ordinance No. 20- 135 page 41 of 60 requirement shall include the removal of any underground Facilities within the Rights-of-Way unless otherwise agreed to by the City. Franchisee must apply and receive a permit,pursuant to Section 0, prior to any such removal of Facilities from the Rights-of-Ways. 25.2 In the event that the use of any part of the Facilities are discontinued for any reason for a continuous period of six(6)months or more, or in the event such Facility has been installed in any Right-of-Way or other public place without complying with the requirements of this Franchise or other City ordinances, the provisions of Section 0 shall govern. 25.3 Any property of Franchisee remaining in place ninety(90)days after such notice,termination or expiration of this Franchise shall be considered permanently abandoned. The City may extend such time not to exceed an additional thirty(3 0)days.Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this 0 shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. 25.4 Any property of Franchisee permitted by the City to be abandoned in place shall be abandoned in such manner as the City shall prescribe.Upon permanent abandonment of the property of Franchisee in place,the property shall become that of the City, and Franchisee shall submit to the City Clerk an instrument in writing,to be approved by the City Attorney,transferring to the City the ownership of such property. 25.5 The provisions of this 0 shall survive the expiration, revocation, or termination of this Franchise. Ordinance No. 20-.................... 136 Page 42 of 60 Section 26. General Provisions. 26.1 Entire r eem nt.This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 26.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 26.3 t .�s_ m n — a. This Franchise may not be directly or indirectly assigned,transferred,or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding,Franchisee may freely assign this Franchise in whole or in part: (i) to a parent, subsidiary, or affiliated entity, or (ii) in connection with a sale or other transfer of substantially all of Franchisee's assets in the FCC market area where they are located,unless there is a change of control as described in Section 0 below,or for collateral security purposes. Franchisee shall provide prompt,written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness,such consent shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section,no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock;provided,however,any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. b. Any transactions that singularly or collectively result in a change of more than fifty percent (50%) of the: ultimate ownership or working control of Franchisee, ownership or working Ordinance No. 20- 137 Page 43 of 60 control of the Facilities, ownership or working control of affiliated entities having ownership or working control of Franchisee or of the Facilities, or of control of the capacity or bandwidth of Franchisee's Facilities, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval if there is a change in control as described in the preceding sentence. Franchisee shall promptly notify the City prior to of any proposed change in, or transfer of, or acquisition by any other party of control of Franchisee. Every change,transfer, or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such request for an assignment or transfer requiring City's consent within one-hundred twenty(120)days of a completed application from Franchisee,unless a longer period of time is mutually agreed to by the parties or when a delay in the action taken by the City is due to the schedule of the City Council and action cannot reasonably be obtained within the one hundred twenty (120) day period. In the event that the City adopts a resolution denying its consent and such change, transfer, or acquisition of control has been affected,the City may revoke this Franchise, following the revocation procedure described in Section 0 above. The assignee or transferee must have the legal, technical, financial, and other requisite qualifications to own,hold, and operate Franchisee's Services. Franchisee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Franchise,in accordance with the provisions of Section 0 and Section 0,and shall pay the applicable application fee. C. Franchisee may,without prior consent from the City: (1)lease the Facilities,or any portion, to another person; (2) grant an indefeasible right of user interest in the Facilities, or any portion, to another person; or(3) offer to provide capacity or bandwidth in its Facilities to another person, provided further, that Franchisee shall at all times retain ownership over its Facilities and Page 44 of 60 Ordinance No. 20-._...................w 138 remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall furnish,upon request from the City, a copy of any such lease or agreement,provided that Franchisee may redact the name, street address (except for City and zip code), Social Security Numbers, Employer Identification Numbers or similar identifying information, and other information considered confidential under applicable laws provided in such lease or agreement, and the lessee complies,to the extent applicable,with the requirements of this Franchise and applicable City codes. Franchisee's obligation to remain fully responsible for compliance with the terms under this Section 0 shall survive the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still the owner or has exclusive control over the Facilities used by a third party. 26.4 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith,shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time.Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 26.5 oveming Law.This Franchise shall be made in and shall be governed by and interpreted in accordance with applicable federal laws and the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or King County Superior Court. 26.6 AAufljority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 26.7 Designated Contact. Franchisee shall designate a Franchise manager as a single point of contact for Franchise related questions, including but not limited to questions related to Franchise Ordinance No. 20-m 139 Page 45 of 60 compliance, scheduling and construction. Such information shall be provided at the time of acceptance of this Franchise. Franchisee shall be responsible for updating the Franchise manager and his/her contact information if such information changes. 26.8 Notices.Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: CITY OF FEDERAL WAY New Cingular Wireless PCS, LLC Attn: Public Works Director Attn: Network Real Estate Administration 33325 8th Avenue South Site No. City of Federal Way Wireless Federal Way, WA 98003 Franchise Agreement(WA) 1025 Lenox Park Blvd NE, 3rd Floor with a copy to: Atlanta, GA 30319 CITY OF FEDERAL WAY With a copy to: Attn: City Attorney 33325 8th Avenue South New Cingular Wireless PCS, LLC Federal Way, WA 98003 Attn: AT&T Legal Dept—Network Operations Site No. City of Federal Way Wireless Franchise Agreement(WA) 208 S. Akard Street Dallas, TX 75202-4206 Any notices shall be delivered personally to the addressee of the notice or sent by United States certified mail, postage prepaid, to the address set forth herein. Any notice so sent shall be deemed received three(3)business days after the date of mailing. 26.9 C:" fix ns. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 26.10 Remedies Cumulative.Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Ordinance No. 20-11----,- 140 Page 46 of 60 26.11 Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste),in violation of any applicable law or regulation,nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend,indemnify and hold the City,its officers,officials,employees,agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys'fees and costs,arising out of or in connection with the cleanup or restoration of the property associated with Franchisee's use, storage,or disposal of hazardous substances,whether or not intentional, and the use, storage, or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, intentional or not. 26.12 FAA.Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 27. 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, Ordinance No. 20- 141 Page 47 of 60 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 28. Corrections.The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 29.Ratification. Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 30. Effective Date. This Franchise shall take effect and be in full force five(5)days after its passage and publication, according to law (see Effective Date below). PASSED by the City Council of the City of Federal Way this day of 20 [signatures to follow] Ordinance No. 20-m 142 Page 48 of 60 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. 20- , _m 143 Page 49 of 60 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of ,20 . NEW CINGULAR WIRELESS PCS, LLC: By: AT&T Mobility Corporation Its: Manager By: Its: Ordinance No. 20- 144 Page 50 of 60 EXHIBIT A MACRO WIRELESS FACILITIES FA Site Number 1 USID Site Name Address City County State 2629 SOUTHWEST 308TH FEDERAL 10097869 120617 LAKOTA-PSE STREET, WAY KING WA 1216 SOUTHWEST DASH FEDERAL 10092675 20577 ADELAIDE POINT ROAD, WAY KING WA FEDERAL WAY 3103121 ST PLACE FEDERAL 10037559 49164 DECATUR SOUTHWEST WAY KING WA DASH POINT ROAD AND 47TH AVENUE FEDERAL 10092676 20585 DUMAS BAY SOUTHWEST WAY KING WA Ordinance No. 20- 145 Page 51 of 60 Or i/.///�// AT&T Macro Sites in ROW F jr HAI / ff jPill off o / `wry; i 0 / / d r K, f / Ill 1 1 / �i / / i / 1 / l r / / t t 1 Ordinance No. 20- 146 Page 52 of 60 .........._................... EXHIBIT A MACRO WIRELESS FACILITIES LAKOTA-PSE 2629 SOUTHWEST 308TH STREET r r � lc INV �' I un^"'�� AYE iwwi � " wm �✓'� � '�. 717, z u G� aF D% 3 Y n F 1 r 4 Y � w� a� 41 �." 4 N1� e Ordinance No. 20- 147 Page 53 of 60 EXHIBIT A MACRO WIRELESS FACILITIES LAKOTA-PSE 2629 SOUTHWEST 308TH STREET r ,o a b/ 1 v w�l r Vil I r � V e arhl�,ry��M�� � r,l r J r { � u Gly r r p^ T Ordinance No. 20- 148 Page 54 of 60 EXHIBIT A MACRO WIRELESS FACILITIES ADELAIDE - 1216 SOUTHWEST DASH POINT ROAD w tlw � erg r � Ordinance No. 20-µ 149 Page 55 of 60 EXHIBIT A MACRO WIRELESS FACILITIES ADELAIDE - 1216 SOUTHWEST DASH POINT ROAD y Iwah , d w r �a w. b I M r lf Il�a�rr�`.`r �'���a�»rrr,.,, o " �1 xl i�%����N r' d , 1 r / , ,I✓��iw fir% ��( ' i' � ��; I Ordinance No. 20-,,,-..-,, 150 Page 56 of 60 EXHIBIT A MACRO WIRELESS FACILITIES FEDERAL WAY DECATUR - 31031 21 ST PLACE SOUTHWEST s + M f r f w / Ordinance No. 20- 151 Page 57 of 60 EXHIBIT A MACRO WIRELESS FACILITIES FEDERAL WAY DECATUR - 310 121 ST PLACE SOUTHWEST * a © < { < > y : w \ § ) �} Ordinance N. 2- P g S o 6 .�. 152 EXHIBIT A MACRO WIRELESS FACILITIES DUMAS BAY - DASH POINT ROAD AND 47TH AVENUE SOUTHWEST � 4 1 "➢' „� f. � I , I Ordinance No. 20-m 153 Page 59 of 60 EXHIBIT A MACRO WIRELESS FACILITIES DUMAS BAY- DASH POINT ROAD AND 47TH AVENUE SOUTHWEST �K !I l o Y „J( 2 I Ordinance No. 20- 154 Page 60 of 60 COUNCIL MEETING DATE: March 17, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPTANCE OF 60 PERCENT PETITION TO ANNEX A PORTION OF THE POTENTIAL ANNEXATION AREA INTO THE CITY OF FEDERAL WAY POLICY QUESTION: Should the City accept the 60 percent petition for annexation of property Within its Potential Annexation Area located north of South 320x" Street, south of South 316th Street, east of Interstate 5 and West of 32"d Avenue South? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: March 2, 2020 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY; Robert"Doc"Hansen DEPT: Community Development Attachments: A)Resolution Accepting the 60 percent petition to annex; B) Staff Report to the LUTC Options Considered: 1. Approve the Mayor's Recommendation on the 60 percent petition for annexation. 2. Approve the Mayor's Recommendation as further amended by the LUTC. 3. Do not approve the Mayor's recommendation and deny the petition. '. NIMENDA°i )N: Option I MAYOR's Rrco .. .. _..,. w._� ...�..... MAYOR APPROVAL: DIRECTOR APPROVAL: Zola C mill c _ ,� d ��u�r° ➢ndt¢Qala�I att; .... f [ounu�Pf�ssachoili°all ale? COMMITTEE RECOMMENDATION: 1 move to forward Option I to the. March 17, 2020, City Council meeting for a public hearing. Mark Koppang, Committee Chair nmm IT Hoang Tran, Committee Martin Moore, Committee Member Hoang Tran, Committee Member° PROPOSED COUNCIL MOTION: "I move approval of the 60 percent petition for annexation OB I CITY CLERKS OFFICE) (BELOW 7'O BE COMPLETED.�..... .......�....... __._.�..._. .._..... ........_ 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# „mm K:\Annexations\PapeAAnnexation Process\60 Percent PetitionTormatted Documents\Agenda Bill.doe 155 Attachment A Resolution Accepting the 60 Percent Petition to Annex 156 RESOLUTION NO. 20-_ A RESOLUTION of the City of Federal Way, Washington accepting the "South 320th Street" 60 percent annexation petition to the City pursuant to RCNAI 35A.14,120; providing notice of intent to annex to the King Count), Boundary Review Board, assigning proposed zoning and comprehensive plan designations upon annexation; and requiring assumption of a proportionate share of City indebtedness. ------------ ........... ....................... ....................... WHEREAS, Chapter 8 of the Federal Way Comprehensive Plan., last amended by Ordinance 15-796 in 2015, establishes planning goals,policies.and irnplernentation strategies for the Potential Annexation Areas (PAAs)-, and WHEREAS, pursuant to RC\A,' 35A,14.120, the City Council, on November 19, 2019, accepted a 10 percent petition for the "South 320th Street"" proposed annexation area shown in Exhibit A-., which action authorized the circulation of a 60 percent petition for annexation subject to conditions that the area be designated and zoned Community Business (11C) and further that the area assume its proportionate share of the City's indebtedness--, and WHEREAS, pursuant to RCW 35A.14.120 the initiators of the"South 320th Street Annexation" have now obtained the signatures of'property owners representing more than 60 percent of the current total assessed value of all parcels (Exhibit B) within the proposed annexation area legally described in Exhibit C; and WHEREAS,pursuant to RCW 3 5A.0 1.040 the King County Assessor's Office on January 15, 2020, certified the 60 percent petition as sufficient, a copy of which is attached hereto as Exhibit D; and WIIEREAS, the annexation area being contiguous with the existing City 1111,11ts, ties within a portion of unincorporated King Count)/, which has been established as the Federal Way Urban Growth Resolution No. 20- Page I of 4 157 Area; and WHERE'AS. the annexation area as mapped in Exhibit A, lies Nvithin unincorporated King County and may generally be described as an area of approximately twenty-onc (2 1) acres, bounded on the west by Interstate 5, on the north by a residential neighborhood, the east by the future 32nd Avenue South, and the south by South 320th Street; and WI IEREAS, on March 17. 2020, a properly noticed public hearing was held pursuant to RCW 35A.14.130 and all persons who wished to provide testimony were heard-. and NOW THEREFORE', THE CITY COUNCIL 01" I'llF CITY OF FEDERAL WAY RESOLVES AS Section 1. Notice of Intent. Subject to Sections 2 thl-OUI- (Jh 4 below., the Federal Wa.y City ................. - Council authorizes staff pursuant to RCW 35A.14.120 and the requirements of the King Count,)' Boundary Review Board to submit a Notice of Intention to Annexation, attached hereto as Exhibit F, for the area legally described in attached Exhibit C and depicted in Exhibit A. Section 2. Ind- ebtedness Assuined. The area legallN, described and depicted in attached 1"Allibits —11111111............. 1 11--................. C and A respectively, shall be required to assume its proportionate share ofthe general indebtedness of the ('Ity of Federal Way at the tHue of the effective date Of SLICII annexation. Section 3. Land Use arif,!Ay1iing'Pesignmion s. The area legally described and depicted in Exhibits C and A. if annexed, shall be designated in the City's Comprehensive Plan as Community Business (13C) and on the City's Official Zoning Map as Community Business (13C). Section 4. Notice. A certified copy ofthis resolution, together with copy of the 60 percent ................. petition and required Notice of Intention [)acket., shall be filed �]ill the King Count} Boundary Revle,vv Board in accordance \s,Ith its procedures. Resolution No. 20- Page 2 of'4 158 Section 5. Severabilit . 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 6. 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 7. Xatification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective iii,iinediately upon passage by the Federal Way City Council. R.ES(-,)].,Vl-,.'1) 13Y THF1 CITY COU7N(I"11- 01: '1111" CITY OF FEDERAL WAY, WASHINGTON this l7t1i day of Marcli 2020. CITY OF FEDERAL WAY JIM FERREL... ' L, MAYOR".....................— --,"— ATTEST: S—WI)HAN-1E,—COURTNEY,—CMC,,-CI'F...Y....C'LK'RK Resolution No. 20- Page 3 of'4 159 APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CL RK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 20-....................... Page 4 qf4 160 E xhibit A Map of Proposed Annexation Area 161 N88'20'05"W 30.00' AA PARCEL 04902G8 �� 316TH ST. N88 20"UW 686'.94 ,. 3C"30 B 0921049139 C 0921049316 �'° � w D 0921049187 E 0921049140 9N,?,cEV F 0921049160 G 0921049206 Pf � Q0 Lu AREA TO BE ANNEXED `" N / 0 PP�G�Vg o� E 00 ''" "^ ,✓ CCS O Z 'O (rw co CN 00 1'=200' 30 � � ��� N S"" RG 1 20'47"E 644.46, pP o PARGEL C 00 0 SOUTH 320TH STREET �i R.O.B. f L SCALE: For: JOB NUMBER HORIZONTAL I"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY 2083,3L.0O1.00c CONSULTING ENGINEERS, INC. Title: SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 425.251.6222 BARGHAUSEN.COM ANNEXATION 0E NP 7 ._. ORAWN JSP G9�E010EP7.. F �___ APPROiiJEa�. .... . .... �7,ATE .�?� 1.0 ..19 162 Exhibit B 60 Percent Petition to Annex 163 December 20, 2019 City of Federal Way King County Department of Assessment Community Development 500 Fourth Ave, 33325 8th Ave, South #ADIV-AS-0708 Federal Way, WA 98003 Seattle; WA 98104 REQUEST FOR SUFFICIENCYDETERMINATION OFA 60%ANNEXATION PETITION FEDERAL WAY—3201' STREET ANNEXATION TO WHOM IT MAY CONCERN: Attached please find an executed 60%petition for the 3201"Street Annexation, including: Signed "to-fonn" annexation petition as required by the City Documentation supporting Lance Jorgensen's authority to sign on behalf of Pape Properties, Inc. A legal description for the area to be annexed A map of flee area to be annexed A spreadsheet indicating parcel numbers,assessed valuation and %of valuation signed Pape Properties, Inc. became the owners of all seven parcels with the annexation area on December 911'and 10"°, which transactions can be located at the following recording numbers: Rqq�qiLd20191 10001552 09x Parcel ## i. T 2104-9160-09 20191209000175 092104-9316-02 &092104-9139-07 20191209000174 092104-9140-04. 20191209000172 092104-9206-05 20191209000170 092104-9187-08 20191209000169 092104-9028-01 Upon reaching a sufficiency determination; we respectfully request return of these documents along with said determination to the City of Federal Way at the address first listed above. Should you have any questions, please do not hesitate to contact me at any time. Very Sincerely; I-, ..4TA..- David K.Toyer If undeN 164 41kDEPARTNUENTOF COMMITNIT'N J)Lvie i,oPAIFNT 393258° Avenue South Federal Wa) WA 98003 CITY OF 253-835-7000 Federal Way NOTICE OF INTENTION TO PETITION FOR ANNEXATION TO: 110NURAM,E MAYOR AND CHN COUNCIL OF'riir.Crn'oF NVAY 33325 8"'AVENUESOUTIL FEDERAL WAY, WASHING 1-0-N.98003 The undersigned; who are a proportionate share of the existing city indebtedness and the owners of not less than sixi.y percent (60%) in value, according to the assessed valuation for general taxation of property for iOiich annexation is sought, hereby advises the City Council of the City of Federal Way that it is the desire of the undersigned residents of the following area to commence annexation proceedings4 • The property referred to herein is outlined on the map marked Exhibit "A" and is described in Exhibit "B"attached hereto. The Undersigned agree that this petition is signed by a proportionate share of existing city indebtedness as required in the November 19.2019 City Council Meeting, Cih;Council Heeiing Minute Entrv. MOTION: Councilinember Koppang moved that the City Council accept the Notice of Intention to Petition for Annexation filed by the William V. Pruett.Jr. and Patti A. Pruett Trust on September 26.2019. with conditions, to not require adoption of new comprehensive plan and zofling designations and that the area to be annexed be required to assume a proportionate share of existing city indebtedness, ouncilnienibei Moore seconded the motion.The motion carried 7-0, 11 is requested that the City Council of the Cita of Federal Way set a dale for a public hearing with the undersigned to determine: 1. Whether the City Council will accept the proposed annexation I Although there is no firne limit specified in the annexation statutes is to when a petition needs to be filed with the Council after it has begun circulating for signatures, the signatures on a petition are valid only if'signed no later than six months, prior to the filing date,and any signatures older than six months are required to be stricken fi-oni the petition by the City Clerk at the time he or she certifies the peliflon. This page is one of the UrOUID of'pages containing identical text material and is intended by the signers of This Notice of Intention to be presented and considered as one Notice of Intention, and may be filed with other pages containing additional signatures which cumulatively ina) be considered as a single Notice of Intention. 165 OWNER'S SIGNATLIR1, PRINTED N.M.E AD19R1F„sS & PARCE1, DATL SIGNED 092 10490-28 SITEADDRARS 092104-9140 3. 30 1 S 320'�CH 7 9800” ( 10 - _. �_...... .,..-W.........A......�..m.,�..w..m.m..w...� ,...-..�. .......w.., ....i moi..... 4. 3014 S 3201-H 1 ST 98003 104-9187 I 092104-9140 m 092104-91 fi0 7, 3 114 .v 7�U 1 �I 1 9Rt 0_y .- _� t 4" � V ��1 9206 ,k NOTE EACH SIGNATURE PAGE BUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statemert, shall be guilty of a misdemeanor. 166 RECORD OF ACTION TAKEN WITHOUT MEETING BYTIM DIRECTORS OF PAPE PROPERTIES,rNC, The following action is taken by the Directors without a meeting but upon the unanblious written)consent of the Directors as shown below: RESOLVED,that the Directors of Pape,Properties,Inc.approve the purchase of the following properties located in Federal Way,WA from the fbIlowing sellers., Seller's Name Rand Group, LLC 3001 S, 320th Street, Federal 921049139 I Wad WA 98003 10 S. 3201h Street, Federal �-§171-0,W4-f-6 Way, WA 98003 Squaw Peak Properties, LLC 3014 S. 320th Street, Federal 792104910 \Valy WA 98003 112 S. 32t)t1j, street, Federal 92104914(? 9 Darr,es3114 S. 320tC,�,treeC,-T-�iiia—I 92f-04920�i WaN,WA 98003 khr-k-j-"" 3' 1'26 S. 320tb street Federal 921049160 Lukbinder Johal av WA 98003 William Pruett and Patti Pruett 31625 32nd Ave S.,Auburn WA 921049028 ' 98001 ............ -—-- --------- for a total aggregate purchase price of not more that,$7,700,000 it,each case pursuant to a Real Estate Purchase and Sale Agreement, a copy ofeach of which is attached as Exhibits A tlzo-jgh G hereto;and FURTHER RESOLVED,that each of Lance Jorgenson,Seth Smyffie and Randall Jordan Pap&,is hereby authorized to sign all docurnen-ts required to complete this traxisactio.r. EFFECTIVE DATE: December 3, 20119 APPROVED: Wlry Susw) flap� Randall Jordan Papp ,edti h S M y;he 167 LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN, NORTH 02°08'28" EAST, 1,196.43 FEET TO THE CENTERLINE OF SOUTH 316TH STREET; THENCE FOLLOWING SAID CENTERLINE, NORTH 88°20'05"WEST,30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88"20'05"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER, 686.94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28"WEST, 528.49 FEET; THENCE SOUTH 14°33'46" EAST, 714.61 FEETTO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN, SOUTH 88°20'47" EAST, 644.46 FEET TO THE TRUE POINT OF BEGINNING, D G114 A 395 1/1OI12 Project Name: Cobalt Federal Way September 10, 2019 Revised January 8, 2020 BDG/JSE 20833L 001.doc 168 N88'20'05"W 30.00 .. . A 092104 NO.: 0"0 "W 686.9A"� ��'` 30 316TH.ST 1 , TAX PARCEL 628 NO- 0921049139 '` LJ 0 0921049316LLJ D 0921049187 E 0921049140 p �°P F 0921049160 Inv G 0921049206 0 pax-4, D AREA...� TO BE ANNEXED � 00 n r' r r' N .{� CT /� O rn Z N fn h` X C'. K x s r M IF CIJ IEA- N . r CJ cc 30 1'=200` ' cE G !, R S88"20'47"E 644.46 PARCEL C CD C7 Cn 0 N In C`J SOUTH 320TH STREET R,O.B. SCALE: For: JOB NUMBER HORIZONTAL 1"-200' COEALT 0833 BARGHAUSEN CONSULTING ENGINEERS, INC. FEDERAL WAY 20B3,3L.0oI DOC Title: SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 425.251.6222 BARGHAUSEN,COM ANNEXATION 1 1 )E—/C,NF „XXL_ JDRA clgr 1<E - DATE .9 �...a..1.9. 169 & 320th Street Annexation (Federal Way) Parcel Number Acres voloadon %of T,otal Valuation 0,92104,9140 218 $ 994,100,00 '19% 092104-92,06 0,34 $ 146,700.00 3% 092104-9160 1.96 $ 966,70HO 19% 092104-9028 5.26 $ 805,000.00 16% 092104-9139 9.15 $1,036,500.00 20% 092104.9316 036 $ 154,700.00 3% 092104-9187 2,09 $1,077,600,00 21% jr, 181,300,00 100% 170 Exhibit C Legal Description of Area to be Annexed 171 LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATTHE INTERSECTION OFTHE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN, NORTH 02°08'28" EAST, 1,196.43 FEET TO THE CENTERLINE OF SOUTH 316TH STREET; THENCE FOLLOWING SAID CENTERLINE, NORTH 88°20'05"WEST,30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88'20'05"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER, 686.94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO,5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28"WEST, 528.49 FEET; THENCE SOUTH 14°33'46" EAST, 714.61 FEETTO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN, SOUTH 88°20'47" EAST,644,46 FEETTO THE TRUE POINT OF BEGINNING. . t ' t y'Cy�'^ROd�IL 4V LA'N'G 11"G d Project Name: Cobalt Federal Way September 10, 2019 Revised January 8, 2020 BDG!JSE 20833L.001.doc 172 Exhibit D King County Annexation Petition Certification 173 King County Dep2rtment of Assessments Accounting Division John 'Wilson 500F'ourth Avenue,ADM-AS-0725 Assessor Seattle,WA 98104-2384 (206)263-2381 FAX(206)296-0106 E malk assessor-.info@ldngeoiinty.gov h t(IV III"�VAV Ic A k Llea Lt 11 ti.%nins 8—V$S—or I ANNEXVATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the King County Department of Assessments b)7David Toyer, President Toyer Strategic Advisors, Inc., supporting the annexation to the City of Federal Way of the properties described as the 3206, Street Annexation, has been examined, the property taxpayers, tax parcel numbers, and. assessed values of each property listed thereon carefully compared with the King County tax roll records, and as a result of such. examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signatures on, the petition are valid through comparison with any record of actual signatures, nor that the signatures were obtained or submitted in an appropriate time- frame and this document does not certify such to be the case. Dated. this 15th day of January, 2020 ........... J Wilson,, Kinl,�'County Assessor 174 Exhibit Notice of Intention to Annex to the King--r County Boundary Review Board (In process of preparation, will be included in the Council Packet) 175 Attachment B Staff Report to the LUTC CITY OF Federal Wa�ly LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: February 17, 2020 TO: LUTC Chair, Mark Koppang Brian Davis, Community Development Director hj';1� FROM: Robert."Doc'Han �sen, Planning Manager � 14 'Z, Zcl�, Z,�G� SUBJECT: Request to Accept 60 Percent Petition for Annexation MEETING DATE: March 2, 2020 I. FINANCIAL IMPACT The approval of the petition presented will not cost the City any additional funds. If the City decides to annex the property described in the report, the City will be obligated to provide public services to the annexed arca, and it will receive tax benefits from the developed or undeveloped land. More detailed analysis of financial impacts associated with the annexation is provided in Section V.E of this staff report. IL BACKGROUND On September 26, 2019, the City received a "Notice of Intent to Annex"petition from William and Patti Pruett(Exhibit A). The"Notice of Intent for Annexation" constituted the 10 percent of land value of the proposed annexation,that which is necessary to request annexation through the petition method for annexation under RCW 35A.14.120. The property proposed for annexation is located north and adjacent to 320th Street,west and adjacent to 32nd Avenue South, east of Interstate 5 (I- 5), and south of 316th Street(Exhibits B and Q. The property is just over 21 acres and is comprised of seven parcels. The City Council accepted the 10 percent petition to annex the properties on November 19, 2019, and authorized circulation of the formal (60 percent) annexation petition. Subsequent to the November 19, 2019, City Council Meeting, the Pape Group purchased all seven parcels and on December 19, 2019, "Toyer Strategic Consulting on behalf of Pape Group submitted the 60 percent petition (Exhibit D). The 60 percent petition was examined by the King County Department of Assessments and found to be sufficient under the provisions of RCW 35A.01.040 (Exhibit E). ..... _. Page 1 of 15 LUTC;Staff Report � K:\Arrr—Bons\ peWi—inn P--,\GO P--Pension\I orn,sncrl Dowmucls\021420 LUTC Sla[fRgon for Anne t-i(1- 177 III. PROPERTIES INFORMATION The total area proposed for annexation is 21.44 acres.Following is a breakdown oftax parcelnumbers andsizes of each parcel in the annexation area: Tal PargglNu.nabei sia Uflaml 092104 9028 5,26 092104 9139 9.1.5 092104 9316 0.36 092104 9187 2.09 092104 9140 2.25 0921049160 1,96 092104 9206 f�34 21.44 acres Access to the proposed annexation area is from South 320th Street, South 316th Street, and 32nd Avenue South. South 320th and 316th Streets are improved rights-of-way. Thirty-second Avenue South borders the annexation area on the east. It is a currently unimproved public right-of-way, with varying width(from 60 feet on the north to 30 feet on the south). The property is currently pre-designated as "Community Business" in the comprehensive plan. Federal Way Revised Code (FWRC) 1.35.020(b), states that, "the area annexed to the city shall retain the comprehensive plan classification."Therefore, if annexed, the property would be given a comprehensive plan designation and zoned as Community Business. Existing uses in the proposed annexation areas are shown on Exhibit C and described as follows: Parcel Number Acres Land Use A- 092104 9028 5.26 Single Family House B -092104 9139 9.15 Vacant C-092104 9316 0.36 Vacant D-092104 9187 2.09 Duplex E-0921.04 9140 2.28 Single Family House F- 092104 9160 196 Single Family House G - 092104 9206 0.34 Vacant Approximately nine acres adjacent to I-5 in the southwestern portion of the site had previously been cleared and graded without required county and state permits in 2000. A portion of the disturbed area ........ 1.tJTC Staff Repot e.,.�_A. ........ ��.m.A,,, . .....6"ae 2 of 15 RS'.rl,"iGo_nlior sV n0c Lmxnl on Rru..V,0@'er<.uiTJo nu,msV021420 LUX Sino ltq,,o fm fldimu,.rca.u,1,dw 178 includes a wetland and slopes. This violation has been resolved; however,the proposed annexation area has steep slopes and erosion hazards located along the westerly portion of the property adjacent tol-5. This portion of the property also contains a very large wetland, which is located along the base of the slopes adjacent to 1-5, based on King County records. A wetland study will be required of any applicant proposing development on the property. 1V. PETITION ANNEXATION PROCESS State law provides six different annexation methods. As with previous City annexations, the subject annexation process is utilizing the direct petition method, as outlined below: 1) The applicant met with City officials and staff to discuss the annexation process and the boundaries of the area to be annexed. 2) The first petition called the Notice of Intention to Petition for Annexation(10 percent petition level) was prepared and circulated by the applicant among all affected property owners. The petition was submitted to the City on September 26, 2019, and the signatures on the petition were validated and certified to be sufficient by the City. 3) The City Council held a public meeting on November 19, 2019, and accepted the petition with the condition that the area annexed would assume the property's proportionate share of the City's outstanding bonded indebtedness. 4) A Public Hearing by City Council on the 60 percent petition is scheduled for March 17, 2020. 5) After the public hearing, the City will submit the Notice of Intention to Annex, and other required information, to the King County Boundary Review Board(BRB). The BRB has 45 days to review the petition. 6) The City will prepare an annexation ordinance to become effective upon approval by the BRB, with the effective date fixed in the ordinance. V. EVALUATION CRITERIA TO BE CONSIDERED BY THE BRB A. Overview 1. Population of'Proposal: what percentage is that to existing entity? There are three single family homes and a duplex locate on the seven parcels. Based on the April 1, 2019 Office of Financial Management (OFM) estimates, single family homes have an occupancy rate of three people per unit and duplexes have an occupancy rate of 2.4 people per unit. It is therefore estimated, that approximately 11 people reside on the proposed annexation area. Based on the U.S. Census July 1, 2019 population estimates, I,IJTC Staff Ftpport Pnge 3 of 15 ....... ...... ..een.en.e_ _ K:\A xnt on:Up wnrrecti 1", ."060l""'1 K01 oa,tcdD➢,,an,10214201111( ,IaH Repoit fii a m e,wlioii dmx. 179 King County has a population of 2,233,163, therefore, approximately 0.00049 percent of the King County population live in the proposed annexation area. 2. Number ofAcres: 21.44 acres 3. Population Density: Approximately 0.46 people per acre. 4. Assessed Valuation: The 2019 evaluation totaled $5,181,300 for the seven parcels. B. Land Use 1. Existing Land Use Designation (County)/Existing Land Use: Community Business Center(CB), Commercial Outside of Centers (CO) and Urban Residential Medium (UM). Existing land uses are single-family, duplex, and vacant. 2. Proposed Land Use Designation (City)/Proposed Land Use: Community Business (BC). Once annexed to the City, the proposed use will be a facility to sell and service Kenworth trucks by the Pape Group. C. State Growth Management Act 1. Is the proposed action in conformance with the Growth Management Act (GMA)? That specific policies apply to this proposal? This annexation proposal is consistent with the Growth Management Act(GMA), including: V RCW 36.70A.020: (1) Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. This proposal encourages development (economic development) in urban areas where adequate public facilities and services exist, and/or can be provided, in an efficient manner. Further, it ensures that this development will take place within a city, which is the preferred provider of'urban levels of service per RC W 3 6.70A.110(7), (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. This proposal will facilitate the development of land within a designated urban growth area (UGA), which relieves pressures for the conversion of undeveloped lands outside urban growth boundaries —an action which produces sprawling, low density development. (3) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all ................. .......__....... LUTC staff Repcwt 11,age,4 oN 5 K M,xm Tl,,,[,[ rnw,102 J 420 1 U J Jqum for Flat irxe.liiG W 180 citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. This proposal will support economic development within an UGA at a location that is central to a major transportation corridor(Interstate 5), as well cis central to major population centers in King County. (4) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The annexation process by design encourages citizen participation as citizens (more specifically landowners) czre most often responsible for the initiation of annexations. This annexation was initiated by the owners of not less than 10 percent of the value of' the land to be annexed area and the 60 percent petition has beenfiled by the entity now owning 100 percent of the proposed annexation area. Further, the annexation process requires a public hearing 1 y the City Council, which requires a public notice in the Federal Way Mirror, the local newspaper,public notice boards to be installed on the site, and public notice sent to all property owners within 300 feet of the site. ✓ RCW 36.70.110—Comprehensive Plans-Urban Growth Areas, which states: (1) In general, cities are the units of local government most appropriate to provide urban govermnental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. The proposed annexation would ensure that urban levels of development would be located within the City afFederal Way, which consistent with the GMA is the most appropriate governmental subdivision to review and permit urban levels of development, as well as provide the on-going urban levels of service. (2) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential amaexation areas designated for specific cities or towns within the county. ------ UTC Staff Report _ ....... -- .... � .:_ �.mm. ➢ ..��.�a..b.fr ll ti' K:U.. niiim,AFnpvR ur;xa�(on}�r i,,,;AEq fcri.oheilc[oini.AV':rrn atoud l'7 xai.rn ce1,,A02420LUI( Srffl Repos t lrr,M1—.. 181 The proposed annexation area is within King County's "Federal Way North"Potential Annexation Area, which has been designated as the "Camelot (North East)"sub-area within Chapter 8, "Potential Annexation Areas"of the Federal Way Comprehensive Plan, 2. King County Comprehensive Plan/Ordinances a. How does County planning under the Growth Management Act (GMA) relate to this proposal? The GMA envisions cities as the most capable of providing urban services to support urban development in urban growth areas. King County has a long-standing policy of advocating for annexations of unincorporated urban areas. This proposal is consistent with Action 17 from the current King County Comprehensive Plan, which supports planning and other measures to "move remaining unincorporated Urban potential annexation areas toward annexation. " b, What King County Comprehensive Plan policies specifically support this proposal? RP-203: King County shall continue to support the reduction of sprawl by focusing growth and future development in the Urban Growth Area, consistent with adopted growth targets. U-106: Most population and employment growth should locate in the contiguous Urban Growth Area in western King County, especially in cities and their Potential Annexation Areas. Cities in the Rural Area should accommodate growth in accordance with adopted growth targets. U-201: In order to meet the Growth Management Act and the regionally adopted Countywide Planning Policies goal of becoming a regional set-vice provider for all county residents and a local service provider in the Rural Area and Natural Resource Lands, King County shall encourage annexation of the remaining urban unincorporated area. The county may also act as a contract service provider where mutually beneficial. U-202: To help create an environment that is supportive of annexations, King County shall work with cities and with neighborhood groups, local business organizations, public service providers and other stakeholders on annexation-related activities to move the remaining urban islands towards annexation by the city most appropriate to serve it. King County will also seek changes at the state level that would facilitate annexation of urban unincorporated areas. U-204: King County shall support annexation proposals that are consistent with the Countywide Planning Policies and the Washington State Growth Management Act, ........... ................................................... -------------------------- LUTC Staff'Report Page 6 of 15 K_Vuu,o,ni i nMflop I pw ,:d`�II 1'-cu Pd,I I,,Af nmawxi floc rre1,10021 00 1111 C SIM]TIp,10 III, 182 when the area proposed for annexation is wholly within the annexing city's officially adopted PAA, and when the area is not part of contested area. c. What King County/Countywide Planning Policies specifically support this proposal? DP-4: Concentrate housing and employment growth within the designated Urban Growth Area. Focus housing growth within countywide designated Urban Centers and locally designated local centers. Focus employment growth within countywide designated Urban and Manufacturing/Industrial Centers and within locally designated local centers. DP-13: All jurisdictions shall plan to accommodate housing and employment targets. This includes: - Adopting comprehensive plans and zoning regulations that provide capacity for residential, commercial, and industrial uses that is sufficient to meet 20-year growth needs and is consistent with the desired growth pattern described in VISION 2040; • Coordinating water, sewer, transportation and other infrastructure plans and investments among agencies, including special purpose districts; and - Transferring and accommodating unincorporated area housing and employment targets as annexations occur. DP-23: Facilitate the annexation of unincorporated areas within the Urban Growth Area that are already urbanized and are within a city's Potential Annexation Area in order to provide urban services to those areas. Annexation is preferred over incorporation. DP-24: Allow cities to annex territory only within their designated Potential Annexation Area as shown in the Potential Annexation Areas Map in Appendix 2. Phase annexations to coincide with the ability of cities to coordinate the provision of a full range of urban services to areas to be annexed. DP-27: Evaluate proposals to annex or incorporate unincorporated land based OD the following criteria: a) Conformance with Countywide Planriing Policies, including the Urban Growth Area boundary; b) The ability of the annexing or incorporating Jurisdiction to provide urban services at standards equal to or better than the current service providers; and ..................... --- .....---..................... LUTC Staff Report 11,ape 7 of'15 Tlem",,W,,,mqmt D.,,,,,[,W)420 LU I C Scall Regio I i,n u—'W I 11u1 I k- 183 c) Annexation or incorporation in a manner that will avoid creating unincorporated islands of development. DP-28: Resolve the issue of unincorporated road islands within or between cities. Roadways and shared streets within or between cities,but still under King County jurisdiction, should be annexed by adjacent cities. d. What is the adopted plan classification/zoning? The proposed annexation area currently has the following comprehensive plan classifications: Community Business Center(CB); Coni nercial Outside Centers (CO); and Urban Residential Medium 4-12 dwelling units per acre [du/ac(UM)], The proposed annexation area currently has the following zoning: Community Business (CB); Community Business-Parcel Specific (CB-P); Office-Parcel Specific (O-P); and Residential, four du/ac (R-4). e, Will city regulations supplant King County regulations for the protection of sensitive areas,preservation of agricultural or other resource lands,preservation of landmarks of landmark districts, or surface water control? If.so, describe the city regulations and how they compare to the County regulations. Upon annexation,the City's regulations will replace the County's regulations for the protection of sensitive areas,preservation of landmarks, and surface water control. Tlie City does not have any regulations for the preservation of agriculture and other resource lands, which would not be applicable as this area is not(nor adjacent to) agricultural or resource designated land. Critical Areas Federal Way has adopted regulations for environmentally critical areas in Chapter 19.145 of the FWRC and complies with the requirement to adopt critical areas (environmentally sensitive areas)regulations (RCW 36.70A.060). The City's regulations address critical areas, including wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Surface Water In accordance with FWRC 16.20.010, the City of Federal Way has adopted the 2016 King County Surface Water Design Manual(KCSWDM), the.King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound. ____ ..._ — �._.. .. LUTC Staff Report Page f 15 Roan- e.rz,evi¢m;1Y paAln+ostia,No, r;A60 Fci Putionq ,, n.r C)oenorwusV0214201 t I VC,MIA Re2,a,I I 6rnexe1i dace 184 Landmarks Although there are no landmarks within the area proposed for annexation that would require protection or preservation,FWRC 19.285.020 adopts by reference the standards in KCC Chapter 20.62 for the protection and preservation of landmarks. D. Jurisdictional Comprehensive Plan/Franchise 1. How does the jurisdiction's planning under the GMA relate to this proposal? The GMA envisions cities as the most capable providers of urban levels of service for urban areas. Consistent with the GMA,the King County/Countywide Planning Policies, the King County Comprehensive:Plan, and the City of Federal Way Comprehensive Plan, the City has planned appropriately for the future annexation of its Potential Annexation Areas (PAAs). This annexation proposal is located within the Camelot Sub-area and has already been given a pre-annexation comprehensive plan and zoning designation of Community Business (BC), which will be retained upon annexation. 2. Has the jurisdiction adopted a Potential Annexation Area (PAA) under the Growth Management Act?Have you negotiated PAA Agreements with neighboring cities? Yes, the City of Federal Way has adopted a Potential Annexation Area as shown in Chapter 8 "Potential Annexation Areas" of its comprehensive plan. The City has not negotiated PAA Agreements with neighboring cities. 3. TVien was your Comprehensive Plan approved?Dees this plan meet requirements set by the State of Washington?Does this plan meet requirements set by King County? The Federal Way Comprehensive Plan (FWCP) was adopted in on November 21, 1995, and subsequently amended on December 23, 1998, September 14, 2000, November 1, 2001,March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018. The FWCP meets the requirements set by the State of Washington,the requirements set by King County and the Countywide Planning Policies, and the Puget Sound Regional Council(PSRC). Based on state law, the major updates to the comprehensive plan must be done every eight years and must be certified by the Department of Commerce. The last major update completed in July 2015 was certified by the state on November 19, 2015. In addition, the PSRC certified the updated plan on September 24, 2015. The yearly updates are sent to the Department of Commerce for a 60- day comment period before approval of the updates by the City Council, and the final plan is sent to Commerce within 10 days of Council approval. LUTC Staff Report Page N.RA cant n is\F nlx\a mcxa(o 1',,-;,060 1-,M U.4 u(IyTV,PI uv"I G»c mI¢rtsV021420 LU[G Safl Rcln:i t,A,u,,:+aildx, 185 4. Is this proposal consistent with and specifically permitted in the jurisdiction's adopted Comprehensive Plan, or will a plan amendment be required?If so, when will that amendment be completed? The proposed annexation is consistent with the FWCP, including the land use designation of Community Business (BC) and zoning of Community Business (BC). No amendments to the City's comprehensive plan are required to complete this annexation. 5. Is a firanchise required to provide service to this area? If so, is the area included within your current franchise? The proposed annexation area is located within the Lakehaven Water& Sewer Service Area, within the South King Fire and Rescue Service area, and within the boundaries of the Federal Way School District. Therefore,no franchises are required to provide service to the area, once annexed. 6. Has this area been the subject Qfan Interlocal Agreement?ff so,please enclose a signed copy of the agreement. No, this area has not been the subject of a pre-Annexation Zoning Agreement. 7. What is the proposed land use designation in your adopted Comprehensive Plan? When were your proposed zoning regulations adopted? The proposed land use designation and zoning in the City's comprehensive plan and on the Zoning Map is Community Business (BC). These designations were adopted by Ordinance 04-460 on July 29, 2004. E. Revenues/Expenditures Planning Data f. Estimate City expenditures 2. Estimate City revenues to be gained 3. Estimate County revenues lost 4. Estimate County expenditure reduction There will be no City expenditures associated with the annexation.The City can provide police services without additional cost. The County will loose $9,724 in property taxes and the City will gain$5,044 (Exhibit F). 5. Estimate fire district revenue lost None anticipated as area is already within the service area for South King Fire and Rescue. I:U"I C Staff Repo...t . .. ...�...._ _. ..... .�. __— .. __ .., . Qoot'715 K:\H l(uc,060 P a.10 PI.ii(lo.�\I,-,x ,m A O, 0)21420 11:1 C I i,,l Rq,,n M,Ann,,,boat n9— 186 6. Estimatc,fire district expenditure reduction None anticipated as the area is already within the service area for South King Fire and Rescue. F. Services 1. Water—Lakehaven Water&Sewer District, no change 2. Sewer- Lakehaven Water& Sewer District, no change 3. Fire Service - South King Fire and Rescue, no change G. General 1. In the case of extensions of services, has an annexation agreement been required?If'so, please attach a copy of the recorded copy of this agreement. Correspondence from the Lakehaven Water& Sewer District states that future site development will require extension of water and sewer system facilities (including extend- to-far edge for sewer), under Lakehaven's Developer Extension Agreement process (Exhibit G). 2. Describe the topography and natural boundaries of the proposal. The site's existing topography is highest in the southeastern portion of the annexation area, with approximate elevations of 480 feet sloping to 420 feet in the northwestern portion of the annexation area. The elevation change at the northern edge of the proposed boundary partially serves as a natural delineation between parcels. The property proposed for annexation is located north and adjacent to 320t' Street,west and adjacent to 32M Avenue South, east of I-5, and south of 316' Street (Exhibits B and Q. 3. How much growth has been projected for this area during the next ten year period? What source is the basis for this projection? Federal Way's five potential annexation areas (PAAs) total approximately 3,650 acres, and the growth targets adopted in Technical Appendix D to the 2016 King County Comprehensive Plan (Exhibit H) established growth targets for Federal Way's PAAs consisting of 2,390 net new housing units and 290 net new jobs (see Revised Table DP-1, page D-14). ____ a ... ..-..__..— ... _ .—... ....... _ — ,.� L UTC Staff Report Nit e V 1 of ll 5 IK:AFI A?., Di i.Ai)2]420 UJ I( Swfl RgJ01 f11 Aar1011IOrfOCA 187 This proposed amiexation area accounts for 0.58 percent of the total PAA area for Federal Way. The area is almost entirely zoned by King County as Community Business Center (CB) and Conuncreial Outside of Centers (CO), which would both be expected to accommodate employment. Comparably, the City's proposed comprehensive plan designation and zoning of Community Business (BC) would also be expected to accommodate employment. Looking at King County's 2014 Buildable Lands Report, employment densities in commercially designated areas for Federal Way are analyzed based on 250 square feet per employee, while in unincorporated King County the same are analyzed based on 350 square feet per employee. Annexation into the City of Federal Way should have no impact on the area's likelihood of achieving its employment growth target. 4. Describe any other municipal or community services relevant to this proposal,. There are no others applicable services. 5. Describe briefly any delay in implementing service delivery to the area. The area surrounding the proposed annexation area is already developed with all services available; therefore, no delay in service delivery is expected. 6. Briefly state your evaluation of the present adequacy, cost, or rates of service to the area and how you see future needs and costs increasing. Is there any other alternative source available for such service(s)? The only change in service expected is the shift in service from the King County Sheriff to the Federal Way Police Department. The City's Finance Department has stated that there will be no additional cost for police services (Exhibit F). REVIEW OF OBJECTIVES (RCW 36.93.180) 1. Preservation of natural neighborhoods and communities.. Q The proposed annexation area does not include any existing, established neighborhoods as this area is predominantly developed with large lot single family-homes. 2. Use ofphysical boundaries, including but not limited to bodies of hater, highways, and land contours. • The proposed annexation has physical boundaries as follows: LUTC: Staff Repoli Page 1 2(,N 5 MA P,,,, ,A6Ufl—,nlrao \Fun,aNA D,,,un©sicV021420U 1 I'S[an'Kupom RTA.im-alioxi.i1- 188 o The western boundary follows 1-5 and the existing City limits. o The northern boundary was drawn between existing parcels in recognition of the change in elevation between the parcels, as well as a desire to"square"off the boundary at the intersection of 32nd Avenue South and South 316th Street. o The eastern boundary follows the eastern boundary of the right-of-way for 32nd Avenue South until it intersects with the existing City limits. o The southern boundary abuts existing City limits along South 320th Street. 3.. Creation and preservation of logical service areas. • The proposed annexation does not impact the service territories of any districts/special districts (e.g. fire district, school district, sewer district, water service, etc.)in the area. • The future extension of 32"' Avenue South within the annexation area would be fully within the City limits. 4. Prevention of abnormally irregular boundaries.. 0 The proposed annexation area does not create any abnormally irregular boundaries. It is consistent with other boundaries in the area and does not impact present service boundaries. The parcels proposed for armexation are currently served by way of 32"d Avenue South, which dead ends at South 316" Street. An extension of 32"Avenue South would be anticipated in the future. 5. Discouragement of multiple incorporations of'small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas. 0 Not applicable. 6. Dissolution of inactive special purpose districts. & Not applicable. 7. Adjustment of impractical boundaries. Not applicable. 8. .Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. 0 The proposed annexation area is designated and zoned for urban levels of development in accordance with King County's comprehensive plan and zoning. "The proposed annexation area is also designated for urban levels of development in accordance with the City's Potential Annexations Areas Chapter, as well as the land use designation and zoning to be concurrently applied with the adoption of this annexation. Regardless of jurisdiction .. ..._..-1111111-11111 . LU'j. C Staff Report Page 13 of l 5 1::1/t iix.aada�sVV'a� ,nni er.Y>,Ir u.,.69ren, P,m,)iA1 oi ii,t ';I Douau ci O2P)0L[If°,ri.(Vk:erfo-A me„aoian.doo, 189 (County or City), this area is anticipated to develop at urban levels, especially given its proximity to bitcrstate 5. 9. Protection of'agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan, adopted by the county legislative authority. 0 Not applicable. REVIEW OF FACTORS (RCW 36.93.170) J. Population and territory;population density land area and land uses,- comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW,, comprehensive plans and development regulations adopted under chapter 36.70A I?CW,- applicable service agreements entered into under chapter 36,115 or 39.34 RCIV; applicable interlocal annexation agreements between a county and its cities;per capita assessed valuation,- topography, natural boundaries and drainage basins,proximity to other populated areas,- the existence and preservation of prime agricultural soils and productive agricultural uses,- the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable fixture location of community facilities. The area proposed for annexation: • Is consistent with the City of Federal Way's Comprehensive Plan and Potential Annexation Area land use designation and zoning. • Is consistent with King County's Potential Annexation Area policies desiring city annexations of these areas, • Would simultaneously annex the entire road segment(and future road segment) for 32nd Avenue South between South 316th Street and South 320th Street. • Has boundaries that are logically formed based on adjacent road segments and topography. • Has relatively little existing population. • Is designated by both the City and County for future commercial/business development. • Would have no impact on agricultural soils or uses. 2. Municipal services,- need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses;present cost and adequacy of governmental services and controls in area,,prospects ofgovernmental services fi-om other sources;probable future needs for such services and controls,-probable affect of proposal or alternative on cost and adequacy of services and controls in area and adjacent area; the affect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; and ........ -.....—-------- ..................... .......... ........LUTC Staff R .......cpo�l Pa,,c �4 of 15 11"),11060 Pen 'o I mw,nF wl.t laac lr mnrA02)420 U C S1,0 Rpno f, 1vn,auiour,4oG:x 190 The proposed annexation does not significantly impact any service boundaries for utility providers and development of the site(whether annexed or not) would be commercial development with similar uses and service delivery deeds. The only switch in service delivery would be from the King County Sheriff Department to the City of Federal Way Police Department. As noted above, the City's Finance Department has stated that there will be no additional cost for police services (Exhibit F). 3. The effect of'the proposal or alternative onadjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. The proposed annexation would have minimal impacts on the County. The area is within Federal Way's Potential Annexation Area(PAA), an uncontested PAA. VI. Recommendation The Mayor recommends the following: That the City Council accept the 60 Percent Petition and forward it to the King County Boundary Review Board for review. LIST OF EXHIBITS Exhibit A Ten Percent Petition for Annexation Exhibit B Vicinity Map Exhibit C Aerial Photo Exhibit 1) Sixty Percent Petition for Annexation Exhibit E Ting County Annexation Petition Certification Exhibit F February 11,2020, Response from the City of Federal Way Finance Department Exhibit G December 29;2019, Correspondence from the Lakehaven Water&Sewer District Exhibit H Technical Appendix D to the 2016.King County Comprehensive Plan LLJTC Staff Report Page 5 of 15 :��„rurc :crhi,Ean,,,c,al ic„,,0coNn—iD,c,n-,,,v2)4201.1.1( 41,Ort ,o,€ n„,FIoo011,1 191 Exhibit A 10 Percent Petition to Annex 192 �. y, Iii ii daquuripe i h Di,iT 9 l i N Iu i , DECLARATION We, the undersigned, are owners of real property lying outside of the corporate limits of the city of Federal Way, Washington, but contiguous thereto and designated as part of the federal Way Urban Growth boundary, We, the undersigned, owning in excess of 10% of the total value of the area formed by our property and that between and abutting the city of Federal Way, Washington; do hereby declare our intention to circulate a petition for annexation to the city of Federal Way, Washington under the diroctpetition nne~khod for the area attached hereto in Exhibit A (map) and Exhibit B (legal description). It is acknowledged that this petition may consist of multiple documents filed separately. We, the undersigned, request the City assign concurrent zoning and the assumption of a proportionate share of the City's bonded indebtedness. And that zoning applied to this area be Community Business (BC) as shown on the City's pre--annexation zoning map (Comprehensive Plan, Chapter 8, flap 1/1117, page 4.3): a. Assumption of a proportionate share of the City's bonded indebtedness, b. Upon the effective date of annexation ordinance that the property within the annexed area be designated in the City's Comprehensive Pian as Community Business (BC) and zoned Community Business (BC). AUTHORlIZATII0 The printed names and signatures of all persons having an interest in real property in the area formed by their property and that between and abutting the city of federal Way whose consent is required by virtue of such interest to authorize the filing of this notice are hereto attached.. Property Address or �.��„ Signature����r� � o���r,����, ���.� Signed 3�rr�����r� Owner � ,��m Assessor's Parcel Number Acres LL IAIUi W(Print PRUE�r1 � � � .. ....X 3 � .,...... JR&PATTI 2,4 It, 092104-9028 5...26 .... A, RLJhTr TCUOT ... .� , SIGNATURE PAGE MUST CONTAIN THE DE r � EACH �w DECLARATION AND CONDITIONS SO DESCRIBED ABOVE AS KNELL ASA COPY OF BOTH EXHIBITS WAR l G: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall he guilty of a misdemeanor. r � r �AJ.r 193 1 N i YP A Hi 9 Z F D '-,,G ' A R `V (I 'I R TA I F, NV R,I,i A f'Q V, NH,1,t J P,:l 'rj , J tK, A N (i„t.1 A, 91,R E:El J rREN(DUAH4,11 LPVCVC,' The Llndcrsigric d hereby eci-fify teat I hcy created a Re vo (:a b I c f-i ving, Trucs', This 'J ru„J is known as: THE WHAAAM V, DIRUETT, JR� AND PATTI A, PM�ETTRLVOCABLF 1AV1NG USTtMWHAAA-VI V, PRI-JET'ID'��. 'and PATTI A. 111111JETT, Irustors and Trustees, reside at 31625 32”' Avenue South, the (Ay o('Auburn, State of Washington, County of King. ITIS AGR.F'11-J-) BETWEEN THE PARTIES 1AERE'1`0 AS f-'Oi-LOWS: Description of Trust: The parties hereto desire to confirm the establishment of a Revocable Trust on this date, for the benefit of the Trustors (as husband and wife) and containing herein the following Provisions: 1. The 1"Tustors are designated as the Trustees to serve until both of their deaths, resignations or incompetence. Only one Trustee is required to execute any financial docurnents and/or transfer ofreal or personal property on behalf of any trust assets. 2. Upon the end of the terms of the original -Frustees, CORRINE WILDONER is designated as First Successor Trustee, WILLIE SUE BRANCH is designated as Second Successol-Trustee. 3 Upon the death of either Trustor, the surviving spouse retains the unlimited right to the Trust. She or he also retains a general power of appointment which can be exercised by will or by lifetime transfer over the Trust property. 4, Any single Trustee/Trustor has the power and authority to manage and Control, buy, sell, and transfer the trust property, in such manner as the 1'rustee may deem advisable, and shall have, enjoy and exercise all powers and rights over and concerning said property and the proceeds thereof as fully and amply as though said Trustee were the absolute and qualified owner of sarne, including the power to grant, bargain, sell and convey, encurnber and hypothecate, real and personal property (including but not limited to mortgages, deeds of trust and reverse mortgages), arld the pc)\ver to invest in corporate Obligations of every kind, stocks. preferred or common, and to buy stocks, bonds and sli-T-i'llar investments on rnargin or other leveraged accounts, except to the extent that such managernerit would cause includability of an irrevocable trust in the Estate of a Trustee, NOTARIZED SUMMARY OF TRUST Page 1 194 NSB°20 05'1M _....._ 30.00 4 S, IdITH ST. TAX PARCEL NO.: l� ` " 6B6 9 A 0921049028 '` 'Q1:311 � B 0921049139 w C 0921049206 D 0921049187 , z E 0921049140 F 0921049160 G 0921049206 Lij 5 AREA d TO BE � 07 ANNEXED CN -' p ARCEV B E o x C5� s C) 00 � CN o __r. IXa _ Gr / /S88-20'4 4 PP PARCEL GCN ." °mom' o nCD r SOUTH 320TH STREET N PO.B. SCALE.' For; JOB NUMBER HORIZONTAL "=200' COAD 208133 BARGHAUSEN � �� °��° � � CONSULTING ENGINEERS, INC. 20833L.001.DOC Title: SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 425 251 6222 BARGHAUSEN.COM AI V I V EXAT8ON II DESIGNED DRAWN �JSE 195 LEGAL DESCRIPTION AREA TO 6E ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN, NORTH 02°08'28" EAST, 1,196.43 FEET TO THE SOUTH MARGIN OF SOUTH 316TH STREET; THENCE DEPARTING SAID EAST MARGIN NORTH 88°20'05" WEST, 30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88°20'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER, 686.94 FEET TO THE EAST(MARGIN OF PRIMARY STATE HIGHWAY NO, 5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28" WEST, 528.49 FEET; THENCE SOUTH 14°33'46" EAST, 714.61 FEETTO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN, SOUTH 88°20'47" EAST, 644.46 FEET TO THE TRUE POINT OF BEGINNING. W �A err 45315 w Project Name: Cobalt Federal Way September 10, 2019 BDG /JSE 20833 L.001.doc 196 . Exhibit B Vicinity Map 197 0th Street A S .„ ,.nexatio outh, r� ;01.410" 3 hrN f �..._ 1p921049028, 0921049100 - 0' 0921049206 D 0921049107 OD4' 0921049140 »� �s': vi F 0921049100 0921049206 A ate' Fall k M BE ANNEXED �a h7 CS}. o d- � E CD r I� -{� ........ ...,........mow ..�� .._. .w. �(� O CIP m a J ra µT„i ra ` ,S88'20'47 44.x " P A r;s:1 C SOUTH 320TH STREETF�7�? � C7 'UU�4f SCALE: �. � For: Ftr.�r�t,OV,IAL =20C' COBALT 20833 3AF,' l-,AiJSE11 FEDERAL WAY 2083,5L,00 SOC ;ONS1JIL IIN:> TifV : 1521', .�2r0 AVENUE E.o�IN AREA OF KENT VVA B'0 )2 �.-2 n 6222 B ARG4IA 0SFN COV � ANNEXATION -_ 198 Exhibit C Aerial Photo f r� r � G' r �I r d a � °n I�J��✓ �r ( �50tuffi 320th Street Annexation �i11111111 " , r r/u/oil, /tom �k /;til i�r f It IIJ / r J � / �i �°°/ 1/I�r, � f/✓////�//r/�%r, %%/0, /r /I//r ,,, r / / / ,, Icr / r r - / 10/24/2019 Site Address Parcels 200 Exhibit D 60 Percent Petition to Annex 201 Coxo I 1mwu December 20. 2U1y City OfFederal Way King County Department ofAssessment Community Development 500 Fourth Ave. 33325 8th Ave, South #ADW`ASO708 Federal Way, VVA98003 Seattle,VVA981O4 REQUESTFORSUFFICIENCY DETERMINATION OFA 60%ANNEXATION PETITION FEDERAL WAY—328mSTREET ANNEXATION TO WHOM IT K8AYCDNCERR A#achedp|000efindanexecuted80% potidonfn/ the32OmStr*et&nnexetion. inc|uding: ,�, Signed "to-form" annexation petition as required by the City Documentation supporting Lance Jorgensen's authority to sign on behalf of Pap� Properties, Inc, =* Alegal description for the area hoheannexed =* Amap ofthe area t0beannexed =v A spreadsheet indicating parcel numbers, assessed valuation and %of valuation signed ' P8p6Pmp8rtioa. |nc, bacametheownenoofa||sevenparcg|aw|ththeannoxaUonareaonDoo8mbC/3maDd10m. which transactions can belocated a\the following recording numbers: Recording# Tax Parcel# 20191210001552 092104'9180-00 20191200000175 092104'9316'82 &882104'9139'07 20101209008174 092104'9140'04 20191209000172 092104'9208'05 20181208080178 092104'9187'08 20191200000109 892104'9020'01 Upon reaching a sufficiency determination, we respectfully request return of these documents along with said determination tothe City mfFederal Way atthe address first listed above, Should you have any questions, please do not hesitate to contact me at any time. Very Sincerely, David K. Toyer /founder/ 202 4kDEPR TMEN I OF Commuml'%2 DrN r,wp%wsT, 33325 8"Avenue South Fcderai Wa� WA 98003 MY OF 25343547000 Federal Way NOTICE OF INTENTION TO PETITION FOR ANNEXATION To H(,),\,OR A B MF MAYOR AND CITY C01 INC11 I OfF1 I E CITY 01-, FEDI-,RAL WAY 33325 8T`A VENtl` SOUTH,FEDERAL WAY,WASI I I N G 1-0--N,98003 The undersigned, I ,tied, who are a proportionate share of the existing cite indebtedness and the owners of not less than sixth percent (60%) in value, according to the assessed valuation for general taxation oi'propert), for which annexation is sought- hereby advises the Cily Council of the City of Federal Way flial it is the desire of the undersigned residents ofthe following area In cointnence annexation proceedings: 0 The property referred to herein is outlined on the map marked Exhibit"A"and is described in Exhibit "B" attached here-to, The undersigned agree that This petition is signed by 2 proportionate share of existing city indebtedness as required in i the November 19.2019 City Council Meeting. Cii.);Council Meeting Alinwe Ermy mar]ON: Councilinembel' Koppang,moved that the City Council accept the Notice of Intention to Petition for Annexation filed by the William V.Pruett. Jr, and Patti A. Pruett Trust on September 26,20)9, with conditions to not require adoption of new comprehensive plan and zoning designations and that the area to be annexed be required to assume a proportionate ;hare of existing city indebtedness Councilrneinber Moore seconded the motion. The motion caiTied 7-0, 11 is requested that the Cite Council of the City of Federal Way set a date for a public hearing Frith the Undersigned to determine: 1. Whether the City Council will accept the proposed annexation Although there is no time limit specified in the annexation statutes as to when a petition Deeds to be filed with the Council after it has begun circulating for signatures, the signatures on a petition are valid only if signed gned no later than six months pilor to the filing date, and any signatures older than six months are required to be stricken from the petition b), the Cit}! Clerk at the time he or she certifies the petition, This page is one of the group of page,;containing identical text material and is intended by the signers of this Notice of Intention to he presented and considered as one Notice of Intention. and may be filed with other pages containing additional signatures which CUIDUlatively ina5 be considered as a single Notice of Intention. 203 RECORD OF ACTION TAKEN WITHOUT MEETING BY THE DIRECTORS OF PAPE PROPERTIES, INC, The following action is taken by the Directors without a meeting but upon the una"irnous written consent of the Directors as shown below: RESOLVED,that the Directors of Pap6 Properties,Inc.approve the purchase of the following properties located in Federal Way,WA from the following sellers: Seller's Nam e Address- arceR Rand GrouLLC 3001 S. 320th Street, Federal 921049139 Wav WA 98003 Rand Group, LLC 3010 S. 320th Street, F(Aeral 921049316 WA 98003 Squaw Peak Properties,LLC 3014 S. 320th Street, Federal 921049187 Rendey _n.98003 Tson Family Trust 3112 S. 320th Street, Federal 9210441'46 WA 98003 921049206 Judy James 13114 —3Y AWaVWA98003 Birkirandeep Singh, Balbir Birk, Sukhraj 3126 S. 320th Street, Federal 92104�166 StnLukbinder Johal 98003 William Pruett and Patti Pruett 31625 32nd Ave S. Auburn WA r9�4-9028 `98001 for a total aggregate purchase price of not more than$7,700,000 in each case pursuant to a Real Estate Purchase and Sale Agreement, a copy of each of which is attached as Exhibits A through G hereto,- and FURTHER RESOLVED,that each of Lance Jorgensen,Seth Smythe and Randall Jordan Pap6 is hereby authorized to sign all doctiments required to complete this transaction, EFFECTIVE DATE: December 3, 2019 APPROVED: .4 Mary Sos,16 040 Randall Jordan Papel &t Smythe La�we 1 1tc,iisen 204 OWNER'S SIGNATURE PRINTED NAME ADDRESS &PARCEL DATE SIGNED 1. 31625 32ND AVE S 98003 0921049028 2. N0,Y]TEADDRA'SS iz IL&i-A 0921104-9139 .......... ................. 3. 3001 S 320TH ST 98003 _ ` 092104-9316 4 3014 S 320TI1 ST 98003 4jj 092104-9187 ww --------......... ........ ...... 5. NO SITE, ADDREYS 092104-9140 ............... 6, NOS77T"ADDRESS ................... ......... 092104-9160 ef� T, 3114 S 320TH ST 98003 0921049206 ---------------------- :7 .. .................... NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE,AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO WARIIWNG, Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor, 205 LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATTHE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN,NORTH 02°08'28" EAST, 1,196.43 FEET TO THE CENTERLINE OF SOUTH 316TH STREET; THENCE FOLLOWING SAID CENTERLINE, NORTH 88°20'05"WEST,30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88°20'05"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER, 686,94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28"WEST, 528.49 FEET; THENCE SOUTH 14°33'46" EAST, 714.61 FEET TO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN, SOUTH 88°20'47" EAST, 644.46 FEET TO THE TRUE POINT OF BEGINNING. six 1110/2 Project Name: Cobalt Federal Way September 10, 2019 Revised January 8, 2020 BDG f JSE 20833L.001.doc 206 01 N8920'05"W _ 30.00' A �N9�8"2 0 0„5"W 686.9'4 x'' .316TH ST TAX PARCEL NO.: 0921049028 , 3( B 0921049139 w C 0921049316 ° L D 0921049187 63 E 0921049140 P F 0921 49161303, 0 f0 ,G 0921049206 CO Q byaad AREACD ' TO BE rw) N ANNEXED r o "� ✓”'"" CEL 8 ""�r ' tLi v ° PPR o E 110 r m o Q f Im ✓ 01 0 00 9-1 CD Lo 7�...... a^ 1'=200' " ?G� �G S88*20 47"E 644.46"" " M/ P o PARCEL C —� O ca CC) O SOUTH 320TH STREET N P.O.B. a SCALE: For: JOB NUMBER HORIZONTAL 1"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY CONSULTING ENGINEERS, INC. 20833L.00i.DOC Title: SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 �/ 425.251.6222 BARGHAUSEN.COM ANNEXATION 1 f ,1 X JbRAwN `.� .. CHEC DATE 9�9. 11 207 S. 320t,h: Street Annexation, (Federal Way) Parcel Number Acres Valuation %of Total Valuation 0921 04-9140 2,28 $ 004,100.00 19% 092�104.9206 0.34 $ 146,700.00 3% 092104-9160 1.96 $ 966,700,00 19% 092104-9028 5.26 $ 805,000,00 16% 092104-9139 9,15 $1,036,500,00 20% 092100316 0.36 $ 154,700.00 3% 092104-9187 2,09 $1077,600,00 21% $5,181,300,00 100%.- 208 Exhibit E King County Annexation Petition Certification 209 King County Dep2rtment of Assessments Accounting Division John Wilson 500 Fourth Avenue,ADM-AS-0725 Assessor Seattle,WA 98 1 04-23 84 (206)263-2381 FAX(206)296-OtO6 Emdl:iisse.ssor.info@liingeotinf3,.gov im"D—1111-VIV-lei ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the King County Department of Assessments by David 'foyer, President Toyer Strategic Advisors, Inc,, supporting the annexation to the City of Federal. Way of the properties described as the 320th Street Anriexation, has been exalydned., the property taxpayers, Lax parcel numbers, and assessed values of each property listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington., Section 35A.01.040. The Department of Assessments has not verified that the signatures on the petition are valid through comparison with any record of actual signatures, nor that the signatures were obtained or submitted in an appropriate time- frame and this document does not certify such to be the case. Dated this 15th day of January, 2020 John Wilson/'King�""County Assessor 210 Exhibit F Response from. the City of Federal Way Finance Department 211 Margaret Clark From: Ade Ariwoola Sent: Tuesday, February 11, 2020 10:57 AM To: Margaret Clark Cc: Chase Donnelly Subject: RE: Information for Pape Annexation Hi Margaret, Based on 2019 property tax rate: 0 City's rate 0.97350/$1,000 County's Road District which is in-leu of the City 1.87677/$1,000 b Total Valuation $5,181,300 The County will lose $9,724, City of Federal Way will gain $5,044, Fire District will remain the same. Currently it is an open land without any additional revenue or expenses. The property owner will have a saving of the difference between the City's revenue and County revenue which will be $4,680. The property will be closer to police response without additional cost. Thank you iii `/7l f}.i�, 4 C111-1-r A �° Finance Director City of Federal Way City Hall 333258 1h Avenue South Federal Way, WA 98003 253-835-2520 From: Margaret Clark Sent:Thursday, January 16, 2020 4:59 PM To: Ade Ariwoola Cc: Chase Donnelly Subject: Information for Pape Annexation Hi Ade, I apologize for not providing you with this before. Margaret H, Clark, AICA Pr hiclpal Planner Federal Way 333258 th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2646 Fax: 253/835-2609 www.ciilyoff,c eral ayconl 1212 Exhibit G Correspondence from Lakehaven Water & Sewer District 213 This page left blank intentionally. 214 COUNCIL MEETING.. ®..... M ®. ..... ....... .. �.. �..., ®ee.,.,,. �..,.., DATE: NA ITEM 4: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INFORMATIONAL UPDATE ON PUBLIC OUTREACH REGARDING TACOMA LINK STATION POLICY QUESTION: NA COMMITTEE: Land Use and Transportation MEETING DATE: 3/2/2020 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business Resolution X Other STAFF REPORT BY: Robert `Doc' Hansen DEPT Community Development Attachments: 1. Staff Report Options Considered: NA. MAYOR'S RECOMMENDATION: NA MAYOR APPROVAL: yr g L; ,' DIRECTOR APPROVAL: NA wrui��mtlt C cpiq y butial/Dale fluutru IData 1 axrd is,t4,7arotc COMMITTEE RECOMMENDATION: NAm,mmm� ww_mmm�. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading _m ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 4/2019 RESOLUTION# 215 CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Robert"Doc"Flansen,Planning Manager 7,2(,F- SUBJECT: Update on Public Outreach on the Federal Way Tacoma Dome Light Rail Extension I. BACKGROUND On December 4, 2019 Sound Transit and the City held a Public Reception and Planning Commission meeting to discuss issues and obtain opinions regarding the future of south Federal Way and the planned light rail station around the 348"'/Enchanted Parkway area. While no specific location for the station has been determined,the outreach was intended to obtain residents' views regarding potential development in the area. A questionnaire was also available on-line between November 20 and December 15 requesting from respondents their vision of the area in light of the future station activities. Those taking the questionnaire were given example neighborhood views and their opinions regarding such views, requested their likes and dislikes about the area as it currently exists, and what they would like to see in the south city area in the future. A follow-up questionnaire/open house is planned in Mid-march to obtain feedback on our interpretation of answers and comments received. Since the LUTC meets only once a month,we wish tonight to indicate what we interpreted in the initial contact. This is informational only in order to keep the Committee `in the loop,' so that when further results come in,you will have some background information on what we are doing and what residents' are expressing. II. INIT1A1,OBSIERVAT IONS A majority of those responding to the questionnaire indicated that they wanted a `neighborhood' atmosphere with mixed use and pedestrian/bicycle-oriented development. There was strong indication from many respondents that pedestrian development should be prevalent within the area,that emphasis should be placed upon obtaining a reduced car-focused development. Having pedestrian-oriented shops and restaurants along smaller streets was often indicated as desired. Several indicated that they would like to see an atmosphere similar to the Kent Station area. Several indicated that they would like to see more market rate housing at a high density with height restriction. Some emphasized the need to concentrate on economic development, and one 1 216 respondent indicated that Federal Way should work towards becoming a `draw' where people seek to come here ipstead of wanting to leave it. Interestingly, even though a strong majority of respondents looked toward an area that would develop as an urban neighborhood that is pedestrian oriented, a large majority of respondents indicated they like the area's convenience for shopping by car and having an easy to park environment. Only several indicated that they found no characteristics that they liked in `South City.' A small majority of people indicated that they would prefer walking to the transit rather than drive and park to get to transit. Compact mixed-use development around the transit center was a prevalent desire of 40 percent of the respondents. 2 217 This page left blank intentionally. 218 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:UPDATES ON AVATION NOISE AND HEALTH ISSUES POLICY QUESTION: None COMMITTEE: Land Use and Transportation MEETING DATE: March 2,2020 _........._............._ CATEGORY: [l Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution X Other .... ....... ........ ........ ..._ w .. — .......................................... ..... T BY. Bill Vadino, Policy Advisor. � � DEPT: Ma11 11111-11-111-11yor's Office STAFF REPOR.. Attachments: Staff Report Options Considered: N/A MAYOR'S RECOMMENDATION: N/A ... , MAYOR APPROVAL: DIRECTOR APPROVAL: N/A e�urozrt C vil _ InitiaVDate i�ritaaN axIc InitlaMate COMMITTEE RECOMMENDATION:N/A Mark Ko anj,Committee Chair Martin Moore,Committeem Member µ mHoan Tran,Committee Member PROPOSED COUNCIL MOTION:N/A 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# 219 CITY OF FEDERAL WAY MEMORANDUM ................. ........................... DATE: March 2, 2020 TO: Land Use&Transportation Committee(LUTC) VIA: Jim Ferrell,Mayor FROM: Bill Vadino,Policy Advi$(?,V SUBJECT: Updates on Aviation Noise and Health Issues .............................................. ................... BACKGROUND: The LUTC will be briefed in detail on airport issues including: • The up-to-the-moment status of proposed aviation related legislation in the Washington State Legislature is that Representative Pellicciotti's 1113 1947 passed the House and is now being considered by the State Senate. It would expand the dimensions of noise impact areas for the purpose of alleviating and abating the impact of aircraft noise on areas surrounding an airport. This would include the City of Federal Way. • Update on the status of discussions on whether the City of Federal Way should reengage in the Sea-Tac Airport Stakeholder Advisory Round Table (StART). Meeting notes (below) will be summarized on the current discussions between the Port of Seattle Commission and the three cities that suspended involvement (Burien, Des Moines and Federal Way) as well as the three cities that remain (Normandy Park, SeaTac and Tukwila). In summary, there appears to be consensus on most areas of concern. The next step is that the cities of Burien, Des Moines, and Federal Way will consider Port of Seattle responses to the issues/concerns and determine if they will return to StART. ------—--------—--------------- ......I-----------------—------------------------------—----------------------- FINAL Meeting Notes—StART Representatives Meeting with the Port of Seattle Date: January 29, 2020 Time: 3:00-5:00 pm Location: Port of Seattle, Sea-Tac Airport Attendees: Brian J. Wilson,City Manager. Burien Michael Matthias, City Manager. Des Moines Bill Vadino, Policy Advisor. Federal Way Mark Hoppen, City Manager. Normandy Park Carl Cole, City Manager. SeaTac Brandon Miles, Mayor's Office. Tukwila Lance Lyttle,Aviation Managing Director, Port of Seattle Marco Milanese, Manager, Port of Seattle Nate Caminos, Director, Port of Seattle 220 Page 2 The following list of issues/concerns were addressed with the Port of Seattle regarding StART on January 29, 2020..This list was a product of a Joint Aviation Meeting that occurred on November 19, 2019 between the cities of Burien, Des Moines, and citizen representatives from Federal Way. That meeting was hosted by the City of Des Moines. A platform list was discussed and developed. The following are responses to the 13 identified issues/concerns from the Port of Seattle: Initial opening comments by Managing Director Lance Lyttle focused on the progress made by StART since its inception. He advised that the purpose of StART is for the South County agencies,the Port of Seattle, FAA, and the airlines to work together with the ultimate goal to reduce noise, health impacts, and other impacts on neighboring communities. All meeting participants agreed to forego opening remarks and begin addressing the 13 issues/concerns. All meeting participants had copies of the 13 items and the annotated version as well. City Manager Wilson raised the following questions on behalf of the StART cities: 1. Suspend design work until SAMP environmental reviews are completed. Managing Director Lyttle advised he did not think this was possible due to the amount of design work that has already occurred since the July SAMP Near Term Project vote, because that work will directly inform the SAMP environmental review and it is all being done "at risk." There were five (5) projects identified where the Port is conducting up to 30%design. These projects are: • Westside Maintenance Campus:The Port's current Maintenance Facility was constructed in 1969 as a mail sortation facility. It is undersized for its current function, is in a state of disrepair,and is proposed to be relocated to clear the site for potential future hardstand construction identified in the SAMP Near-Term Projects.The capital project planning process will include preliminary design development of the proposed platform and facilities proposed for that platform. • Permanent Westside Airport Rescue & Firefighting Facility (ARFF): The current ARFF was constructed in 1979. It is undersized for its current function, is in a state of disrepair, and is proposed to be relocated to clear the site for potential future gate construction identified in the SAMP Near-Term Projects.The permanent west-side location is planned to be preliminarily developed as the new primary station. • Roadway Improvements:The southbound lanes of the North Airport Expressway are proposed to be relocated to continue the congestion relief initiated with the Widen Arrivals Approach project and to clear the site for potential airfield expansion and gate construction identified in the SAMP Near-Term Projects. • Taxiway A B Extension: Extension of dual taxiways at the south end of the airfield will increase operational efficiency and reduce aircraft delay. The extension requires relocation of the Runway 34R glideslope antenna which would enable an adjustment of the slope angle to increase aircraft elevation on approach. • Main Terminal North CT Lot:The proposed multistory building could include functions such as airline/airport support space that could be relocated from the existing terminal to free up space for more critical passenger processing functions. A more detailed understanding of the building footprint and sublevels is also required to inform design of the adjacent Widen Arrivals Approach project which will require utility relocations through and adjacent to the site. 221 Page 3 2. Outstanding requests for cities the Port has never responded to. City Manager Wilson requested additional time to identify the specific questions that the Port has not responded to. The Burien Airport Committee is working on a specific list that needs more work and clarification. It will be presented at a later date. Managing Director Lyttle expressed his desire to respond to any questions presented. 3. Request for Elected participation: a. Potential merge with the Highline Forum Managing Director Lyttle stated that StART was a working group focused on Sea-Tac Airport issues and was not designed to have elected officials. The Highline Forum has a focus greater than Sea-Tac Airport issues and was designed to include elected officials. Managing Director Lyttle expressed his willingness to formalize the process for recommendations from StART to be made to the Highline Forum. Any recommendations from StART would need to be presented and approved at the Highline Forum. Managing Director Lyttle and South King County cities representatives were not in favor of creating additional subgroups of the Highline Forum to address airport related issues. 4. New facilitator(group owns the facilitator) Agreed to by Managing Director Lyttle with consensus by StART representatives and with clearly defined expectations for the new facilitator. S. Audio/Visual recording of meetings(find a way). Managing Director Lyttle (and City representatives)were not in favor(consensus)of recording the StART working group meetings. With the recommended enhancement of the reporting relationship between StART and the Highline Forum,the effectiveness of the StART working groups would be maintained. Managing Director Lyttle agreed to improve upon the time taken to publish "less dense" minutes focusing on action items. Minutes would need to be approved by StART members prior to publication/release. 6. Co-Equal agenda settings a. Identification of speakers. Agreed to by Managing Director Lyttle through the creation of a StART Steering Committee. 7. Advance meeting materials. Agreed to by Director Lyttle to the extent possible depending on presenters. 8. Outbound messaging/PR by consensus only(consensus by Elected's) Agreed to by Managing Director Lyttle,through a StART Steering Committee. Each agency is responsible to notify their respective organizations of recommendations originating out of StART and any decisions reached at the Highline Forum. 9. Restructuring with Elected's Refer to recommendations included in#3 above, 10. Diverse perspective of priority(experts from both sides). Refer to response addressed in#6 above. 222 Page 4 11. Intent of StART to address growth and growth of operations. Managing Director Lyttle stated that the SAMP environmental review process, which is already in motion, will provide airport cities and interested members of the public with multiple opportunities to provide comment and input. The SAMP environmental review process needs to occur independent of any outside influences from the airport, airlines and from other stakeholders including StART. 12. StART is not a vehicle to evidence engagement. Director Lyttle agreed and stated StART was never designed to satisfy the requirements of SAMP engagement. The recommended agenda setting process (reference#6 above) developed by StART participants would address this concern. 13. Concern over active participation of all stakeholders (be specific). Director Lyttle stated StART representation and participation is determined by member cities. Director Lyttle summarized the meeting with the following Port recommendations: • Establishing a Steering Committee within StART • Strengthen the behavior expectations for all StART members • Cities take ownership of their community representatives Agreement by City representatives and the Port on the above referenced responses and support for StART to continue. Next Steps: • City Manager Wilson to summarize the draft meeting notes and share with meeting participants. Input to be received prior to finalizing the results of the meeting. This has been accomplished with the publication of the Final Meeting Notes. • City Manager Wilson to work through the Burien Airport Committee to address the outstanding questions reference#2 above. Next Burien Airport Committee meeting is scheduled for Wednesday, February 26, 2020 at 7:00 pm. • The cities of Burien, Des Moines, and Federal Way to consider Port of Seattle responses to the issues/concerns addressed above and determine if they will return to StART. 223 This page left blank intentionally. 224 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL mom SUBJECT:PANHANDLING IN FEDERAL WAY POLICY QUESTION: WHAT STRATEGIES SHOULD THE CITY ENGAGE IN TO DISCOURAGE PANHANDLING? COMMITTEE: Land Use and Transportation MEETING DATE: ................_...... March 2, 2020 CATEGORY: Consent Ordinance ❑ Public Hearing City Council Business , Resolution X Other STAFF REPORT BY: Bill Vadino, Policy,Advisor DEPT: Mayor's Office Attachments: Staff Report Options Considered: NIA MAYOR'S R.ICOMMENDTION: N/A MAYOR APPROVAL: -"2 d _ c w DIRECTOR APPROVAL: N/A mrserYtc ("«s�t�av° Initial/Date 0 �ithp[+°Date Initial/Date COMMITTEE RECOMMENDATION: N/A Mark Ko .atag,+C+Dmmittee Chair Martin Moore, Committee Member Hoan Tratn,Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED B 1'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# 225 CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use &Transportation Committee(LUTC) VIA: Jim Ferrell,Mayor FROM: Bill Vadino, Policy Advisor SUBJECT: Continuing Discussion on pa handling signage and other options BACKGROUND: At the December 2, 2019, January 6, 2020 and February 3, 2020 meetings, the Land Use and Transportation Committee was briefed on signage and other options to discourage panhandling. This discussion will continue at the March 3, 2020 meeting and information will be shared from Lakewood, Kennewick, Walla Walla, College Place and Bellevue, Washington(research still being compiled). These cities have examples of initiatives from the four options discussed at the January 6 and February 3 meetings. Also, to be discussed is a clarification of proposed Council Bill #776, an ordinance revising FWRC,Pedestrian Interference. Note: The Mayor's recommendation is to not implement this signage. To review: At.the D c erJberr 2 rnee`in ,a program of 20 signs at key corners was discussed. Details: • Cost of signs is approximately $500 each for fabrication and installation by King County for a total of$10,000. • A map of proposed locations of a total of 20 signs was shared(Attachment A) o Pacific Highway S. and Dash Point Way(1) o Pacific Highway S. and 320`h(4 o 5.320"St. and 23rd Ave. S. (2) o Pacific Highway S. and 15th Ave. S. (1) o Pacific Highway S. and S. 348`h St(4) o Pacific Highway S. and 16'Ave. S. (4) o SW Campus Drive and 21St Ave. SE(4) • Sign examples from other cities including Lakewood were shared with messages like "It's okay to say no to panhandlers"(attached below • Locally, the City of Lakewood installed 18 in May 2018 and reports a drop-off in panhandling at those locations. • As there is a high probability of theft, tagging and vandalism, it is suggested to have funding for repair and replacement. • Those in social services, including our city community development team, believes that while tl':re signs send a message to panhandlers, it also stigmatizes those who are legitimately in need. • The Mayor's recommendation was to not implement this signage. As long as panhandlers are not impeding traffic or breaking laws they are constitutionally protected to ask for money. Any efforts prohibiting panhandling is illegal and would subject the city to legal liability. He also believes that the signage sends a harsh and negative message to residents, those who work in the city, businesses that would potentially build or relocate businesses to the city as well as tourists. 226 Page 2 The signs also insult citizens who legitimately want to donate to the homeless. In summary, he believes that "our city is better than this. We should take this money and help the homeless with it." January 6, 2019. At the meeting on January 6, options were discussed to reframe the discussion to what strategies should the city engage in to discourage panhandling and shift from the street corner donations to non-profits? Initiative A: Discussed was the implementation of pilot program of(4) signs at either one intersection or a combination of corners. Impact on the would be observed and reported back to LUTC. Fiscal note: $2,000 ($500/sign). Nate that the Mayor does not support signage for the reasons noted in the December 6, 2019 report. Initiative B: Utilize press and social media to educate potential donors to donate to non-profits as an alternative. This approach would promote effectiveness of donating to local non-profits who help the homeless. Fiscal note: Staffing to be determined. Initiative C: Encourage a consortium of non-profits to establish a donation website and distribution strategy. Fiscal Note: To be determined for coordination. Initiative D: Monitor programs at other cities. Tbis would entail a field trip to Lakewood and calling Kennewick, Walla Walla and College Place. Fiscal Note: None. Initiative E: Do Nothing. February 3, 2020: At this meeting, information gathered from a tour of Lakewood was discussed including ordinances (attachment C), social media text(attachments D) and photos (attachment E). Attachment A: Map of proposed locations: Attachment B: Examples from (left to right) Lakewood, WA and Dublin, Ohio. r. a Attachment C: Lakewood ordinances Attachment D: Lakewood social media f " w Attachment E: Lakewood signage L � � n SAY NOTO . .. ... PANHANDLING a 4 �. ,4°&�r ri y " CONTRIBUTE TO THE SOLUTION GIVE TO LOCAL CHARITIES 227 Page 3 Attachment C: Lakewood ordinances `10.19.050 Pedestrian obstruction in roadways � Lakewood Mun'oriipal Codc Page 1 of 1 10.16.050 Pedestrian obstruction in roadways. A. As used in this section; 1. "Curb"means the lateral lines of a roadway,whether constructed above grade or not,which are not intended for vehicular travel 2. "Roadway"means that portion of the public street including the vertical airspace above such portion of the public street,which is improved, designed or ordinarily used for vehicular travel, exclusive of the curb, berm or shoulder, E3, No persoin n(e ntionaliy interrt..ipt or obstrur:t:0-ie rnovement of veikle or bicycle travel by walking on, standing on or g61 n,g into any roadway u::sf.d (Or veh ide or hicycle travel and contacting any vep"vuc:e,bicycle or oC.cup iarnt tp--oeirepn or I-haiting the travel of such vehicle, bicycle or occupant therein. C, Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. [Ord.669§1, 2017;Ord.35§5, 1996.1 RCW 9A.84.030 Disorderly conduct. (1) A person is guilty of disorderly conduct if the person: (a) Uses abusive language and thereby intentionally creates a risk of assault; (b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or (d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of: (A)The location where a funeral or burial is being performed; (B) A funeral home during the viewing of a deceased person; (C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or (D) A building in which a funeral or memorial service is being conducted; and (ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service. (2) Disorderly conduct is a misdemeanor, 228 Page 4 Attachment D: Lakewood social media Keep the Change Social Media pushes(With every post include a photo of the sign) Facebook• First post: This month you'll see these signs go up at key intersections around the city where we've noticed a high number of people panhandling,The city sympathizes with those facing hardships, but also the property owners, motorists and others who experience the negative side of panhandling.Please consider giving to a local organization focused on helping those in need;when you give to a panhandler you don't know what your money will buy.Read more about this initiative here: Other posts: 1. Really want to help?Give to one of the many local charities focused on providing services to those facing hardships in our community. 2. When you give to a panhandler you don't know what your money will buy. 3. Did you know that panhandling at intersections often results in an increase in the amount of trash,food products and even hypodermic needles left behind?Clean up our intersections;give to a local charity instead. Twitter: First post: We want to clean up our intersections and we need your help. This month these signs will go up around the city encouraging people to give to local charities instead of panhandlers. Read more: Other posts: 1. When you give to a panhandler you don't know what your money will buy. 2. Did you know that panhandling at intersections often results in an increase in the amount of trash,food products and even hypodermic needles left behind?Clean up our intersections;give to a local charity instead. 3. Really want to help?Give to one of the many local charities focused on providing services to those facing hardships in our community,) Instagram: Lakewood wants to clean up its intersections,You can help. Keep the change and instead give to local charities that help those in need in our city.Thank you. 229 Page 5 Attachment E: Lakewood signage N'r r 1 i i � � w w it -455 / ffr g l 230