2020-07-21 Council Packet - RegularThe City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
CITY COUNCIL
REGULAR MEETING AGENDA
Remote Meeting
July 21, 2020 – 6:30 p.m.
Notice: Pursuant to Governor Inslee’s Proclamation 20 -28, all in-person meetings are prohibited until further notice. The
Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the
meeting to provide oral testimony. To access these options please use the following:
Click Here to Watch Online Live Streaming Vid eo of the Meeting
Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 685-690-722
Sign-Up here to give citizen comment during the meeting* (via telephone)
*form should be submitted no later than 2 hours prior to the beginning of the meeting
Click Here to submit written comments to the City Council
Watch from the Zoom mobile app with meeting: 685 690 722 and password: 131162
1.CALL MEETING TO ORDER
2.PLEDGE OF ALLEGIANCE
3.PRESENTATIONS
a.Mayor’s Emerging Issues and Report
Financial Update – Finance Director Ade Ariwoola
Virtual Miles for Meso – 5K Update – Parks Director John Hutton
Public Forum with the African American/Black American Community July 29 at 7:00
p.m. via zoom
COVID-19 Phase Update – Emergency Manager Ray Gross
Upcoming Community Events: 64TH Annual Kiwanis Salmon Bake - Friday, July 24
Recap of Gov Inslees’ visit to Federal Way at the PAEC on July 17
CARES Act Grant Distribution Update – Economic Dev. Director Tim Johnson
b.Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Land Use/Transportation Committee (LUTC)
Finance, Economic Development Regional Affairs Committee (FEDRAC)
Lodging Tax Advisory Committee (LTAC)
Regional Committees Report (PIC)
Council President Report
-~ Federal Way
Centered on Opportunity
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The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
4.CITIZEN COMMENT
Please email comments to COUNCIL@cityoffederalway.com or complete a citizen comment request form
(found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are
limited to 3 minutes each.
5.CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a.Minutes: July 7, 2020 Regular and Special Meetings
b.Washington State Patrol (WSP) Marijuana Eradication 2020
c.Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY2019
d.SW 356th Street Preservation Project – 85% Design Status/Authorization to Bid
e.SW 320th Street Preservation Project – 85% Design Status/Authorization to Bid
f.Greenway Pavement Markings Phase I – Bid Award
g.Transportation Grant Funding Applications
6.PUBLIC HEARING
a.Six-Month Extension of Small Wireless Telecommunication Facilities Interim Zoning
Code/Ordinance*
Staff Report: EJ Walsh, Public Works Director
Citizen Comment – 3 minutes each
Council Discussion/Questions
(*action will take place under 8a: Ordinance – First Reading)
7.COUNCIL BUSINESS
a.Approval of 2020-2021 Collective Bargaining Agreement with Teamsters Local Union
No. 117 Representing Federal Way Police Commanders
b.Annual Pipe Rehabilitation Phase 3 (2020) Bid Award
8.ORDINANCES
First Reading
a.Council Bill #782/Amending Title 19.142 FWRC, Flood Damage Prevention
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FLOODPLAIN DEVELOPMENT AND PERMITTING PROCESSES WITHIN THE CITY,
AMENDING FWRC 19.142 (Amending Ordinance Nos. 06-536, 09-593, 09-597, and
18-856).
Staff Report: Doc Hansen, Planning Manager
Citizen Comment – 3 minutes each
Council Discussion/Questions
b.Council Bill #783/ Relating to Vacation of Rights of Way
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
RIGHT OF WAY VACATIONS; AMENDING FWRC 4.20.120 AND ADDING A NEW
SECTION TO CHAPTER 19.135 FWRC. (Amending Ordinance No 19-107)
Staff Report: EJ Walsh, Public Works Director
Citizen Comment – 3 minutes each
Council Discussion/Questions
First & Second Reading/Enactment
c.Council Bill #781/ Six-Month Extension of Small Wireless Telecommunication
Facilities Interim Zoning Code
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
THE ADOPTION AND EXTENSION OF INTERIM LAND USE REGULATIONS AND
OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 TO
CONTROL THE PROVISION OF TELECOMMUNICATION FACILITIES WITHIN THE
CITY, WHICH WERE ADOPTED PURSUANT TO ORDINANCE NO. 19-862. (Amending
Ordinance Nos. 19-862, 18-850, 15-804, 15-797, 13-754, 11-700, 09-610, 09-605,
09-593, 08-585, 97-291, 90-43, and 19-862).
Staff Report presented earlier during the Public Hearing
Citizen Comment – 3 minutes each
Council Discussion/Questions
Second Reading/Enactment
d.Council Bill #779/ 2019/2020 Biennial Budget Adjustment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
AMENDING THE 2019-2020 BIENNIAL BUDGET. (AMENDING ORDINANCE NO.
18-860, 867 AND 19-881)
9.COUNCIL REPORTS
10.ADJOURNMENT
Council Bill #780/South 320th Street Annexation
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
ANNEXING APPROXIMATELY TWENTY-ONE (21) ACRES KNOWN AS THE “S.
320TH STREET ANNEXATION,” INTO THE CITY PURSUANT TO RCW 35A.14.120;
ASSIGNING ZONING AND COMPREHENSIVE PLAN DESIGNATIONS UPON
ANNEXATION; REQUIRING ASSUMPTION OF A PROPORTIONATE SHARE OF
CITY INDEBTEDNESS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
e.
COUNCIL MEETING DATE: July 21, 20_2_0 _____________ IT_E_M_#_: -5-a_-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the July 7, 2020 Regular and
Special Meetings?
COMMITTEE: NI A
CATEGORY:
IZJ Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORTBY : Ste banie Courtne , Ci Clerk
Attachments:
Draft minutes for the July 7, 2020 Regular Meeting
Draft minutes for the July 7, 2020 Special Meeting
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: NIA
MAYOR APPROVAL: NIA -------Committee
Initial/Date
COMMITTEE RECOMMENDATION: NI A
NIA
NIA
Council
Initial/Date
NIA
Committee Chair Committee Member
MEETING DATE: NI A
• •
Public Hearing
Other
DEPT: Mayor's Office
NIA
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
CITY COUNCIL
SPECIAL MEETING AGENDA
Remote Meeting
July 7, 2020 -4:30 p.m.
1. CALL MEETING TO ORDER
Council President Honda called the meeting held remotely to order at 4:47 p.m.
City officials in attendance: Mayor Jim Ferrell , Council President Susan Honda , Councilmember Lydia
Assefa-Dawson, Councilmember Greg Baruso, Council member Martin Moore, and Councilmember
Linda Kochmar.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. COMMISSION INTERVIEWS
Council President Honda excused Councilmember Mark Koppang; Councilmember Hoang Tran
joined the meeting at 5 :11 p.m .
The City Council interviewed applicants via Zoom for openings on the Arts Commission, Park and
Recreation Commission, and Human Services Commission.
3. ADJOURNMENT
There being nothing further on the agenda; the special meeting was adjourned at 5:54 p.m.
Attest
Stephanie Courtney
City Clerk
Approved by Council :
Federal Way City Council Special Minutes
July 7, 2020
Page I of I
CITY COUNCIL
REGULAR MEETING AGENDA
Remote Meeting
July 7, 2020 -6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting held remotely to order at 6:30 p.m.
City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda , Councilmember Lydia
Assefa-Dawson, Council member Greg Baruso, Councilmember Hoang Tran, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Linda Kachmar.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. PRESENTATIONS
a. Mayor's Emerging Issues and Report
July 4th Public Safety Report
Deputy Chief Kyle Sumpter provided a report and answered Council questions
regarding firework enforcement over the holiday. He reiterated that he would
like to see a community campaign next year that engages multi-family housing,
homeowners associations and local civic organizations posting signs
discouraging the use of personal fireworks.
Status Update on CARES Act Distribution
Finance Director Ade Ariwoola updated Council on the process to-date. He
thanked staff members for their assistance on this project and noted the
deadline to apply for a business grant is July 15.
In response to questions raised Mr. Ariwoola noted after July 15 the
applications will be downloaded and screened to make sure the requirements
are met. The turnaround time is based on the number of applications received
and how long the process takes to review each one.
Mayor Ferrell also reported on the Business Resiliency Task Force and
Community Continuity Task Force meetings which have been occurring via
Zoom with community and business members. Councilmember Kachmar
Federal Way City Council Regular Minutes
July 7, 2020
Page I o/7
suggested the Mayor reach out to large businesses such as Amazon as the
business climate has recently changed in the City of Seattle.
Reopening of City Hall and city facilities
Parks Director John Hutton updated the Council on the procedures and
protocols in place for keeping city facilities clean and sanitized. Temperature
scanners have been ordered for all locations and all facilities will also follow
the Governor's mandate of mask or face coverings. The City Hall janitorial
contract has also been added to in order to increase cleaning. He provided
specific updates regarding the Community Center, Dumas Bay Centre, and the
Performing Arts and Event Center.
Council President requested to be a part of the discussion for Council
Chambers and adjustments that need to be made for Council return to the
dais.
Sound Transit Update
Public Works Director EJ Walsh reported on recent announcements made by
Sound Transit regarding declining revenues from COVID-19. He referenced
his email from earlier in the day which provided more specifics, however noted
due to funding shortfalls projects which are not already 100% funded will be
pushed out to summer 2021.
The Federal Way Link Extension and station are fully funded and will not be
impacted, however other projects in the region not fully funded will continue in
their current process and be reevaluated before moving forward. This includes
the Tacoma Dome Link Extension and the Operations and Maintenance
Facility -South (OMF) project. Sound Transit has assured city staff they will
contact Federal Way homeowners with this information and provide timely
updates.
b. Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) -Chair
Kochmar reported the next meeting is July 14 at 5:00 p.m . via Zoom. She noted the
League of Women Voters has expressed interest in speaking at the next meeting.
Land Use/Transportation Committee (LUTC) -Chair Koppang noted the last
committee meeting was well attended and items discussed will be on the consent
agenda at the next meeting regarding roads and annexation. Airport issues and
Sound Transit updates have been added to the agendas moving forward. The next
meeting is August 3 via Zoom .
Finance, Economic Development Regional Affairs Committee (FEDRAC) -Chair Tran
reported on the June 23 meeting during which the COPS grant of $750,000 was
discussed and forwarded to Council. He noted this hiring grant allows Federal Way to
improve the ratio of officers to 1.4 per 1,000 residents. He also noted the Committee
forwarded L TAC funding recommendation to Council.
Lodging Tax Advisory Committee (L TAC) -Chair Assefa-Dawson thanked
Councilmember Tran for the report on the L TAC grant funding. The July meeting has
been canceled and the next regular meeting will be Wednesday, August 12 .
Federal Way City Council Regular Minutes
July 7, 2020
Page 2 of7
Regional Committees Report (PIC) -Councilmember Moore reported the next
meeting is July 8 at 7 :00 p.m. via Zoom.
Council President Report -Council President Honda supports writing letters to
encouraging businesses to relocate to Federal Way who is more business friendly
than other larger cities who are enacting restrictive policies . She would love to
increase the job availability in the community to help with commuting. She reported on
the annual meeting of the National League of Cities which was helpful but limited due
to the online platform .
4. CITIZEN COMMENT
Al li so n Ta y lo r spoke regarding the COPS grant on the agenda. She voiced her desire to see salary
savings from current pol ice department vacancies be re -allocated and re-distributed to fund
community programs or social workers to support the community.
The City Clerk read a letter from Ca rso n Hill regarding police accountability.
Mayor Ferrell asked Police Chief Andy Hwang to respond to the comments regarding the
Federal Way Police Department. Chief Hwang briefly reported on the department's national
accreditation, including the process and procedures and independent audits the department
goes through. He also spoke to the current staffing level, reallocation of officers due to school
and mall closu res from COVID-19, and the expectation of the COPS Grant.
Mayor Ferrell noted he will be hosting a community forum later this month which will address
some of these issues and more . Council thanked Chief Hwang for his comments and asked
additional questions regarding social workers or resources available to officers on calls;
increase in mental health calls for service due to the pandemic; and the amount of training
each officer receives per the grant requirements.
5. CONSENT AGENDA
a. Minutes : June 16, 2020 Regular Meeting
b . Vouchers-May 2020
c. Monthly Financial Report -May 2020
d. Tourism Enhancement Grant Recommendation for July-December 2020
e. 2020 COPS Hiring Program Grant
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH E ON THE
CONSENT AGENDA; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed
unanimously as follows:
Council President Honda yes
Councilmember Assefa-Oawson yes
Councilmember Baruso yes
Councilmember Kachmar yes
6. PUBLIC HEARING
Councilmember Koppang
Counci/member Moore
Councilmember Tran
Mayor Ferrell opened the public hearing at 8:09 p .m .
a. 2019/2020 Biennial Budget Amendment
yes
yes
yes
Finance Director Ade Ariwoola presented an overall financial update prior to presenting
Federal Way City Council Regular Minutes
July 7, 2020
Page 3 o/7
the budget amendment. He included an update on major revenues including sales tax,
property tax, building permit fees, traffic safety, utility tax, and Proposition 1. Included was
a brief explanation of how Federal Way is in a better position than most neighboring cities
and what to watch for in 2021.
Mr. Ariwoola presented the 2019/2020 Budget Amendment and noted the amendment
meets the state requirement and all funds, with the exception of one, meet the reserve
requirement. He concluded by noting 2020 will be easier than 2021 where with the
continued pandemic the city will face increased challenges.
Citizen Comment -no comments were provided.
Council thanked Mr. Ariwoola for his presentation and information presented. Mayor
Ferrell indicated action on this item will take place under first reading of the ordinance
under Agenda Item Ba.
COUNCILMEMBER TRAN MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER
KOPPANG SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
Councilmember Kachmar
7. COUNCIL BUSINESS
yes
yes
yes
yes
a. Arts Commission Appointment
Councilmember Koppang
Councilmember Moore
Councilmember Tran
yes
yes
yes
COUNCILMEMBER KOCH MAR MOVED TO APPOINT KIMBERLY BOWMAN AS A VOTING
MEMBER OF THE ARTS COMMISSION FOR A TERM TO EXPIRE DECEMBER 31, 2022;
COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
Councilmember Kachmar
b. Ethics Board Appointment
No action was taken on this item.
yes
yes
yes
yes
Councilmember Koppang
Councilmember Moore
Councilmember Tran
c. Parks and Recreation Commission Appointments
yes
yes
yes
COUNCILMEMBER KOCHMAR MOVED TO APPOINT MICHAEL CAMPSMITH AND GEORGE
VADINO TO THE PARKS AND RECREATION COMMISSION WITH TERMS TO EXPIRE APRIL 30,
2023; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
Councilmember Kachmar
yes
yes
yes
yes
Councilmember Koppang
Councilmember Moore
Councilmember Tran
d. Human Services Commission Appointment
yes
yes
yes
COUNCILMEMBER KOCHMAR MOVED TO APPOINT SOFIA MAYO TO THE HUMAN SERVICES
COMMISSION WITH TERM TO EXPIRE JANUARY 31, 2022; COUNCILMEMBER ASSEFA-
Federal Way City Council Regular Minutes
July 7, 2020
Page 4 o/7
DAWSON SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
Councilmember Kachmar
yes
yes
yes
yes
Councilmember Koppang
Councilmember Moore
Councilmember Tran
e. Shelter Grant Opportunity -King County
yes
yes
yes
Community Services Manager Sarah Bridgeford reported the Department of Commerce
recently released a grant application for shelter funding. She noted the city currently does
not have a shelter that fits the eligibility requirements of a low-barrier shelter that can add
capacity as of December 2020.
This specific grant allows for jurisdictions to apply jointly in that the city is able apply with
or in support of King County. If successful, a shelter in King County could be used to serve
the region. The deadline to apply is July 17.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE CITY OF FEDERAL WAY
PARTICIPATING IN A COLLABORATIVE APPLICATION WITH KING COUNTY FOR SHELTER
FUNDING; COUNCILMEMBER BARUSO SECOND.
Council President Honda and the Councilmembers thanked Ms. Bridgeford for all of
her hard work during this trying time and recognizing the increase need for human
services and homelessness in the city and region.
The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
Councilmember Kachmar
8. ORDINANCES
yes
yes
yes
yes
Councilmember Koppang
Councilmember Moore
Councilmember Tran
yes
yes
yes
a. First Reading: Council Bill #779/ 2019/2020 Biennial Budget Adjustment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
AMENDING THE 2019-2020 BIENNIAL BUDGET. (AMENDING ORDINANCE NO. 18-860, 19-
867 AND 19-881)
The staff report was presented during Public Hearing item 6a.
Citizen Comment-no comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record .
COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JULY
21, 2020 CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
Councilmember Kachmar
yes
yes
yes
yes
Councilmember Koppang
Councilmember Moore
Councilmember Tran
yes
yes
yes
b. First Reading: Council Bill #780/South 320th Street Annexation
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
Federal Way City Council Regular Minutes
July 7, 2020
Page 5 o/7
ANNEXING APPROXIMATELY TWENTY-ONE (21) ACRES KNOWN AS THE "S. 320TH
STREET ANNEXATION," INTO THE CITY PURSUANT TO RCW 35A.14.120; ASSIGNING
ZONING AND COMPREHENSIVE PLAN DESIGNATIONS UPON ANNEXATION;
REQUIRING ASSUMPTION OF A PROPORTIONATE SHARE OF CITY INDEBTEDNESS
AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
Planning Manger Doc Hansen presented the information regarding the South 320th
Street/South 316th/32nd Avenue annexation. Mr. Hansen stated the owners of the
property submitted a Notice of Intent to Annex petition on September 26, 2019. The
total property included totals 21.44 acres across 7 parcels.
The subject property is located north and adjacent to Sout 320th Street; East of
I nterstate-5; West and adjacent to 32nd Avenue South and south of S 316th Street.
Following the 60% petition on December 20, 2019 the City Council held a public
hearing on March 17, 2020 approving a resolution to send the potential annexation to
the King County Boundary Review Board (BRB) for review. The BRB approved the
annexation on June 1, 2020. The annexation will be complete with filing of the signed
ordinance after enactment.
Citizen Comment -no comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record .
COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JULY 21, 2020 CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Oawson
Councilmember Baruso
Councilmember Kachmar
yes
yes
yes
yes
Councilmember Koppang
Councilmember Moore
Councilmember Tran
yes
yes
yes
C. Second Reading/Enactment: Council Bill #778/Establishing the Mayor's
Emergency Powers/APPROVED ORDINANCE #20-889
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE
MAYOR'S EMERGENCY POWERS; ADDING A NEW CHAPTER 2.09 TO THE FEDERAL
WAY REVISED CODE INCLUDING SECTIONS 2.09.01 O; 2.09.011; 2.09.012; AND 2.09.013.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Oawson
Councilmember Baruso
Councilmember Kachmar
9. COUNCIL REPORTS
yes
yes
yes
yes
Councilmember Koppang
Councilmember Moore
Councilmember Tran
yes
yes
yes
Council member Assefa-Dawson reported she has been working with SCA Black Elected Officials on
a Racial Equity and Justice series this coming Friday. She is hopeful councilmembers will attend to
learn and discuss the history and journey in our county of racial disparities and discrimination.
Councilmember Baruso thanked staff for another great Zoom meeting. He thanked the Mayor for
meeting with him and Councilmember Assefa-Dawson to discuss important issues and being open,
Federal Way City Council Regular Minutes
July 7, 2020
Page 6 of7
he looks forward to working with him in the future. He asked those who can to wear masks and be
compassionate to those who cannot. He also cautioned against what he feels is a recent uptick in
speeding.
Council member Tran spoke regarding the new mandate from the Governor to wear masks or facial
coverings to help prevent the spread of COVID~ 19. He also noted due to budget cuts, the local DSHS
office in Federal Way will be closed every Monday in July for furlough .
Councilmember Koppang acknowledged while it is not the first day of the year, it is the beginning of
the second half of the year and he is hoping for a better second half. He reminded the Council of
good work they are doing and will continue to do in addressing difficult issues .
Councilmember Moore provided no report .
Councilmember Koch mar reported on the upcoming Kiwanis Salmon Bake which has been a tradition
in our community for 64 years. She noted this year you order your dinners and pick them up at a
scheduled time; all proceeds go to the Food Bank. She noted tickets are available for $20 each
through July 20.
Council President Honda reported Council began the night at 4:30 p .m . with interviews for multiple
commission vacancies. She appreciates those who have applied and congratulated those who were
appointed . She directed those interested in serving on a volunteer commissions to check the city
website for openings . She attended the Lion's Club Make Music event at Jimmy Mac's Roadhouse.
She also encouraged the community to purchase dinner tickets for the 64th Annual Kiwanis Salmon
Bake with proceeds supporting the Food Bank . In closing she asked everyone to be kind to one
another.
10. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 9:53 p .m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council :
Federal Way City Council Regular Minutes
July 7, 2020
Page 7 o/7
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#:
SUBJECT: w ASHING TON STATE PATROL (WSP) FOR MARIJUANA ERADICATION P18 dffi D
Sb
POLICY QUESTION: Should the City of Federal Way/ Federal Way Police Department accept a maximum of
$5,000 from the Washington State Patrol for Marijuana Eradication 2020?
COMMITTEE: PRHS & PSC
CATEGORY:
IZ! Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: LIEUTENANT BRYAN KLINGELE -----
Attachments:
1. Staff Report
2. WSP Marijuana Agreement and Amendment
Options Considered:
1. Accept the WSP Agreement and Amendment
2. Reject the WSP Agreement and Amendment
MEETING DATE: July 14, 2020
•
•
Public Hearing
Other
DEPT: Police
----------
--------------·-····-------~---__ , __ ,_,, ___ ,,_ -
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: ~~~~--F'JJ-._'-h .PIRECTOR APPROVAL:
Co11nc1I f;
l ml 1:il/Dmc
COMMITTEE RECOMMENDATION: I move to forward WSP Agreement to the July 21, 2020 consent agenda for
llj1J7r(n> tf . ~ . c._
\1....c,c.... Y'vv"-'-'< ~.S~--f'-'-~ \.._)L..,< V\. ..;;,v
~r l,-'\)\~ ~\:U°\-bll '\,\\ ~ \.)~~C;"b ~tt<:.tu-L 'J~'-. \)(~ t.Ott'f~
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: I move approval to accept the WSP Agreement for Marijuana Eradication,
and authorize the Chief of Police to execute said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-11/2016
COUNCIL BILL#
J5T reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE:
TO:
VIA:
FROM:
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
July 14, 2020
Parks, Recreation, Human Services and Public Safety Council Committee
Jim Ferrell, Mayor
Andy J. Hwang, Chief of Police
SUBJECT: Washington State Patrol (WSP) Interagency Agreement for Marijuana Eradication
2020
F inanc ia l Im pacts :
The Washington State Patrol (WSP) is providing funding to local law enforcement agencies to
support locating and eradicating illicit cannabis plants, unlawful marijuana grows located in
unauthorized areas, and the prosecution of cases involving controlled substances. WSP will be
awarding the Federal Way Police Department a maximum of $5,000 for the Marijuana
Eradication 2020.
Back ground I nforma tion :
The Washington State Patrol received federal funding for marijuana eradication activities in FY
2020. This funding is generally used to secure pilots and aircraft for aerial observation that
ultimately results in successful eradication of illegal marijuana crops. Due to the large number of
unlawful marijuana grows being located in residential neighborhoods, WSP is allowing these
funds to be used for the elimination of these unlawful marijuana grows. The Federal Way Police
Department was contacted in the early part of September 2018 as our activities in eliminating
illegal marijuana growing operations in our city have not gone unnoticed. An offer was made to
reimburse the City up to $5,000 for labor, some equipment, and other associated costs. This
grant will be used primarily to pay for the labor used to dismantle the large-scale marijuana
grows located by the Federal Way Police Department.
WASHINGTON STATE PATROL
INTERAGENCY AGREEMENT
Marijuana Eradication 2020
WSP Contract No.
K16086
Other Contract No .
This Agreement is between the State of Washington, Washington State Patrol and the Public Agency identifieci-
below , and is issued pursuant to the lnterlocal Cooperation Act, chapter 39.34 RCW .
PUBLIC AGENCY NAME Statewide Vendor Registration Number
Federal Way Police Department SWV# SWV0015957-01
Public Agency Location Address
33325 8th Avenue South
Public Agency Mailing Address (if different from
location)
Federal Wav WA 98003
Public Agency Contact Telephone Public Agency Contact Name
Lieutenant Bryan Klingele (253) 835-6878 (Desk) or (253) 455-0021 (Cell)
Public Agency Contact E-mail Address
Bryan .Kling elfil@cityoffederalway.com
Billing Contact (Name/Email)
WSP CONTACT INFORMATION
WSP Project Manager Name & Title
Lt. James Prouty, Narcotics Commander
WSP Project Manager Address
Investigative Assistance Division
1------------PO Box 42634, Olympia WA 98504-2634 --------1·--
Telephone
(360) 704-2422
WSP Administrative/Contracts Contact Name & Title
Rebecca Kirby ,
Contracts Specialist
Telephone
_(3 60). 596-4071
E-mail Address
James.Proutv@wso.wa.aov
WSP Administrative Contact Address
Budget and Fiscal Services
PO Box 42602
Olympia WA 98504-2602
E-mail Address
Rebecca .Kirby@wsp.wa__l:lov
FEDERAL ASSISTANCE INFORMATION
lsthePu bifc A·gency a subrecipien t of fe deral as sistance for the purposes of CFDA Number(s)
this a_g_c_eemen_t? 1Z1 Ye ~ _ D No_ See Exhibit B, State Tracking Number
Federal Grant Award Name Federal Grant Award Number ---•• -
Domesti£ Cannabis Eradic ation/9upp_res_si_o_n _________ 1--2_0_2_0_-1_2_2______ _ ----~
Is this agreement funded by a federal award for research and dev el opment? Federal Award Year
D Yes C8J No 2020
--------------------------·-------------
Agreement Start Date
May ·1, 2020
Agreement End Date
September 30, 2020
-----------
Maximum Agreement Amount
$5,000
This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the
terms and conditions agreed upon by the parties . No other understandings or representations, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and
understand this Agreement and have the authority to enter into this Agreement.
FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC_A_G_E_N_C_Y_: _________ 1
l~ignatur~ "/,.. 1 :i.. £ Date Public Agency Sign~tu5e/ Date
-r l / \) 11 1!--tr~ VJ /2-J 2-(r) _ _ .fL9 7: p'-_::z ____ _!L,_ 7/z/) . __
Pri med N a r'n e an rTitl_e\ ~ Printed Name and Title
John R. Batiste ~t Andy J. Hwang, Chief of Police
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 4/26/2011
WSP lnteragency Agreement OPY Page 1 of 8
WSP INTERAGENCY AGREEMENT (Continued)
1. Definitions.
"Agreement" means this lnteragency Agreement, including all documents attached or
incorporated by reference.
"Public Agency" means the entity performing services to this Agreement and includes
the Public Agency's officers, directors, trustees, employees and/or agents unless
otherwise stated in this Agreement. For the purposes of this agreement, the Public
Agency shall not be considered an employee or agent of WSP.
"WSP" means the State of Washington, Washington State Patrol, and its officers,
directors, trustees, employees and/or agents.
2. Statement of Work. The Public Agency shall perform the services as set forth in Exhibit
A, Statement of Work, which is attached hereto and incorporated herein.
3. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum
Agreement Amount specified on Page 1 of this Agreement, minus any matching
requirements held by the Public Agency as specified in this Agreement.
4. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A,
Statement of Work, for work performed to the satisfaction of the WSP Project Manager.
Compensation for services rendered shall be payable upon receipt of properly
completed invoices, which shall be submitted not more often than monthly to the WSP
Project Manager.
The invoices shall describe and document to WSP's satisfaction a description of the
work performed, activities accomplished, the progress of the project, and fees and
expenses. All invoices submitted for payment by the Public Agency shall reference
WSP's agreement number and the Public Agency's Statewide Vendor registration
number. The Public Agency shall submit the final invoice in accordance with Exhibit A,
Statement of Work, Section 3, Reporting Requirements, of this agreement.
5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually
amend this Agreement. Such amendments shall not be binding unless they are in
writing and signed by personnel authorized to bind WSP and the Public Agency.
6. Assignment. The work to be provided under this Agreement, and any claim arising
thereunder, is not assignable or delegable by either party in whole or in part, without the
express written consent of the other party.
7 . Compliance with Civil Rights Laws. During the period of performance for this
Agreement, both parties shall comply with all federal and state nondiscrimination laws .
8 . Disputes. In the event that a dispute arises under this Agreement, it shall be
determined by a Dispute Board in the following manner: The Chief of WSP shall appoint
a member to the Dispute Board. The Public Agency shall appoint a member to the
Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member
to the Dispute Board. The Dispute Board shall evaluate the dispute and make a
determination of the dispute. The determination of the Dispute Board shall be final and
binding to all parties to this Agreement. As an alternative to this process and if
WSP lnteragency Agreement Page 2 of 8
WSP INTERAGENCY AGREEMENT (Continued)
applicable, either of the parties may request intervention by the Governor, as provided
by RCW 43.17.330, in which event the Governor's process will control.
9. Indemnification. The Public Agency shall be responsible for and shall indemnify and
hold WSP harmless for all claims resulting from the acts or omissions of the Public
Agency and its subcontractors. WSP shall be responsible for and shall indemnify and
hold the Public Agency harmless for all claims resulting from the acts or omissions of
WSP and its subcontractors.
10. Independent Capacity. The employees or agents of each party who are engaged in
the performance of this Agreement shall continue to be employees or agents of that
party and shall not be considered for any purpose to be employees or agents of the
other party.
11. Inspection; Maintenance of Records. During the term of this Agreement and for one
year following termination or expiration of this Agreement, the Public Agency shall give
reasonable access to the Public Agency's place of business and records to WSP and
any other employee or agent of the State of Washington or the United States of America
for the purpose of inspecting the Public Agency's place of business and its records, and
monitoring, auditing and evaluating the Public Agency's performance and compliance
with applicable laws, regulations, rules and this Agreement.
During the term of this Agreement and for six years following termination or expiration of
this Agreement, the Public Agency shall maintain records sufficient to document (i)
performance of all acts required by statute, regulation, rule, or this Agreement; (ii)
substantiate the Public Agency's statement of its organization's structure, tax status,
capabilities and performance; and (iii) demonstrate accounting procedures, practices
and records which sufficiently and properly document the Public Agency's invoices to
WSP and all expenditures made by the Public Agency to perform as required by this
Agreement.
12. Order of Precedence. In the event of any inconsistency in the terms of this Agreement,
or between its terms and any applicable statute or rule the inconsistency shall be
resolved by giving precedence in the following order to:
Applicable federal and state law, regulations and rules;
Exhibit A, Statement of Work,
Exhibit B, State Tracking Number,
Exhibit C, Cultivation Seizure Report,
Exhibit D, NIDA Form -Univ. of Mississippi
Any other provision of this Agreement; and
Any document incorporated by reference.
13. Personnel. WSP officers performing work under the terms of this Agreement shall be
under the direct command and control of the Chief of WSP or designee, and shall
perform duties required under this Agreement in a manner consistent with WSP policy
and regulations, and applicable federal, state and local laws. The assignment of WSP
personnel under this Agreement shall be at the discretion of the Chief of WSP or
designee.
WSP lnteragency Agreement Page 3 of 8
WSP INTERAGENCY AGREEMENT (Continued)
14. Rights in Data. Unless otherwise provided, data which originates from this Agreement
shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be
owned by WSP. Data shall include, but not be limited to, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. Ownership includes the right to copyrights,
patent, register, and the ability to transfer these rights .
15. Savings. In the event that funds WSP relied upon to establish this Agreement are
withdrawn, reduced or limited, or if additional or modified conditions are placed on such
funding, WSP may immediately terminate this Agreement by providing written notice to
the Public Agency. This termination shall be effective on the date specified in the notice
of termination.
16. Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision, if
such remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement, and to this end the provisions of this Agreement are declared
to be severable .
17 . Single Audit Act Compliance. If the Public Agency is a subrecipient of a federal award
as identified on Page 1 of this Agreement, the Public Agency shall comply with Office of
Management and Budget (0MB) Circular A-133, Audits of States, Loca l Governments
and Non -Profit Organizations .
18 . Statewide Vendor Payment Registration. The Public Agency is required to be
registered as a Statewide Payee prior to submitting a request for payment under this
Agreement. The Washington State Office of Financial Management (OFM) maintains
the Statewide Payee Registration System; to obtain registration materials go to:
htt ps://ofm .wa.gov/it-systems/statewide-vendorpayee-services
19. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency
may subcontract for any of the services provided under this Agreement with the prior,
written approval of WSP. The Public Agency shall be responsible for the acts and
omissions of any subcontractor.
20 . Termination. Except as otherwise provided in this Agreement, either party may
terminate this Agreement upon thirty (30) calendar days written notification. If this
Agreement is so terminated, the terminating party shall be liable only for performance in
accordance with the terms of this Agreement for performance rendered prior to the
effective date of termination
21 . Waiver. A failure by either party to exercise its rights under this Agreement shall not
preclude that party from subsequent exercise of such rights and shall not constitute a
waiver of any other rights under this Agreement unless stated to be such in writing and
signed by an authorized representative of the party and attached to the original
Agreement.
WSP lnteragency Agreement Page 4 of 8
EXHIBIT A
STATEMENT OF WORK
1. Purpose. There is evidence that trafficking in controlled substances exists and that such illegal activity
has a substantial and detrimental effect on the health and general welfare of the people of the State of
Washington. The purpose of this Agreement is to provide funding to local law enforcement agencies to
support the locating and eradication of illicit cannabis plants, and the investigation and prosecution of
cases involving controlled substances before state and federal courts in the State of Washington.
2. Statement of Work. The Public Agency, with its own law enforcement personnel and employees, shall
perform activities supporting the locating and eradication of illicit cannabis plants, such as:
a. Gathering and reporting intelligence data relating to the illicit possession and distribution of
marijuana, including information on individuals arrested, weapons seized, plants removed, location
of gardens, and techniques used.
b. Investigating and charging individuals involved in the domestic production of marijuana.
Investigations should seek to identify and charge criminal organizations involved in the illicit
production of marijuana.
c. Providing, upon request, case-specific information to the Pacific Northwest High-Intensity Drug
Trafficking Area (HIDTA) analyst designated by HIDTA to support marijuana investigations
statewide. Case-specific information provided to this analyst will be handled in accordance with
Western Information System Network (WSIN) policy. Whenever appropriate, the Public Agency will
utilize HIDTA intelligence analysts; these analysts support the criminal investigation process by
providing direct support as an investigation unfolds, conducting data analysis and research. The
value of these services is also found in the technology HIDTA uses to produce analytical charts and
graphs depicting all aspects of an investigation.
d. Providing law enforcement personnel staffing for illicit marijuana eradication within the State of
Washington.
e . Arresting and bringing to prosecution defendants charged with the violation of controlled substances
laws.
f. Submitting cultivation forms for each grow operation seized to the WSP research analyst.
g. Sending required samples of eradicated marijuana to the National Institute on Drug Abuse (NIDA)
Marijuana Potency Monitoring Program, at the University of Mississippi.
3. Reporting Requirements.
a. Financial Reports. The Public Agency shall submit monthly billing and financial reports to the WSP
Project Manager on Page 1 of this Agreement using the current 'D CESP Reimbursement
Spreadsheet'. Monthly reports are due by the 15th of the following month. The current DCESP
Spreadsheet will be emailed to the designated Billing Contact the Public Agency indicates on Page 1,
Billing Contact Section.
WSP shall not reimburse the Public Agency for any activity or associated cost that has not been
identified in a Public Agency's monthly report. All reports and billings must be received by WSP no
later than September 30, 2020, for all reimbursable activities during the period of performance for
this Agreement.
b. Marijuana Cu ltivation Seizure Reports. The Public Agency shall report all seizures to the WSP
Project Manager on Page 1 of this Agreement, utilizing the Marijuana Cultivation Seizure Report
form (attached and incorporated herein as Exhibit C) for each garden seized within 48 hours of the
WSP lnteragency Agreement Page 5 of 8
seizure . Seizure Reports are to be submitted to the following email :
DC ESP.MJ .seizures@wsp .wa.gov . GPS coordinates are desired for all grow locations an d are
re qu ired fo r o ut door grow loc at ions. Indoor grow locations require physical addresses and , if
available, GPS coordinates .
c . Cannabis Potency Monitoring Program Reports. The Public Agency shall send required samples of
eradicated marijuana to the National Institute on Drug Abuse (NIDA) Marijuana Potency Monitoring
Program at the University of Mississippi. Eac h re c ip ien t agency will s ub mit a minimu m of four
samples utilizing the form and instructions (attached and incorporated herein as Exhibit D). Potency
monitoring is critical for monitoring the increasing potency of marijuana produced in the United States .
4. Allowable Costs.
a. Agreement funds may be used to reimburse the Public Agency for the following without prior
approval by WSP:
1) Law enforcement officer(s) overtime salaries during the time they are engaged in activities
directly supporting the program. Fringe benefits associated with overtime sala ries are no longer
allowable .
2) Mileage , subsistence and lodging costs for law enforcement officers during the time they are
engaged in the eradication process or attending associated train ing and planning meetings . All
mileage , subs istence and lodging costs shall be reimbursed at current State of Washington travel
reimbursement rates .
b . Agreement funds may be used to reimburse the Public Agency for the following if appro ved in
advance by the WSP Pro ject Man ager:
1) Rental, leasing , maintenance and operation costs for equipment used directly for marijuana
eradication . All aircraft used pursuant to this Agreement shall meet all applicable Federal
Aviation Administration rules and regulations .
2) Purchases of equipment used directly for marijuana eradication . The Public Agency shall
request approval of the purchase in advance by WSP in a detailed letter or email to the WSP
Project Manager identified on Page 1 of this Agreement. Details shall include type and quantity
of equipment , the cost of equipment, requested reimbursement amount and how this equipment
supports your marijuana eradication efforts. The authorization request letter or email to the
Project Manager must be received by the WSP no later than Jun e 30 , 2 020 . The WSP shall
return a letter or email to the Public Agency granting or denying authorization. The Public
Agency must attach a copy of the equipment vendor's invoice and/or packing slip to its billing
submitted to WSP for reimbursement of equipment costs .
c . The Public Agency shall expend all Agreement funds no later than September 30, 2020 .
5. Unallowable Costs. Reimbursement to the Public Agency under this Agreement is limited to those cost
items identified in Section 4 , Allowable Costs . Additionally, the use of Agreement funds is expressly
prohibited for defraying the costs related to herbicidal eradication of marijuana without the written consent
of WSP in advance.
The Public Agency understands and agrees that Federal funds will not be used to perform any of the
following functions : (i) issuing licenses, permits , or other forms of authorization permitting the holder to
manufacture , distribute, sell, or use marijuana in contravention of the CSA ; (ii) conducting ancillary
activities related to the issuance of such licenses and permits, such as background checks on applicants ;
(iii) collecting state or local tax or licensing revenue related to the manufacture , distribution , or sale of
marijuana in contravention of the CSA; (iv) preparing or issuing regulations governing the manufacture,
distribution, sale, or possession of marijuana in contravention of the CSA ; or (v) monitoring compliance
with state or local laws or regulations that permit the manufacture, distribution, sale, or use marijuana in
WSP lnteragency Agreement Page 6 of 8
contravention of the CSA. The result of expended funds (e.g. equipment, supplies and other resources)
must be directly related to and must only be used for marijuana eradication activities.
6. Use of Funds by Other Law Enforcement Agencies. The Public Agency may elect to use Agreement
funds to reimburse other law enforcement agencies for their marijuana eradication efforts. If Agreement
funds are used in this fashion, the Public Agency remains responsible for ensuring all costs submitted for
payment by other law enforcement agencies are allowable under this Agreement. The Public Agency
must also report the activities of other law enforcement agencies reimbursed under this Agreement in the
Public Agency's monthly report to WSP.
7 . Reallocation of Funds. As expeditiously as possible, the Public Agency shall notify the WSP Project
Manager if the Public Agency will not be able to expend any portion of funds provided under this
Agreement. Subject to the A greement Al terations and Amendments section of this Agreement, WSP
shall reallocate unexpended funds to other law enforcement agencies that have demonstrated a need for
additional funding.
8 . Hold Harmless. In addition to the Indemnification section of this Agreement, the Public Agency shall
hold the U. S. Drug Enforcement Administration, its agents and employees, and the United States
Government harmless from any and all claims, demands, suits, liabilities and cases of action, or whatever
kind and designation, and where-ever located in the State of Washington, resulting from activities funded
through this Agreement.
9. Certifications. The Public Agency shall execute and return to WSP the OJ P Fo rm 4061 /6 , Certifications
Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free
Workplace Requirements. The Public Agency acknowledges that this Agreement shall not take effect
and that no funds shall be reimbursed until the completed OJP Form 4061/6 is received by WSP.
10. Equipment Management. The Public Agency shall comply with the property management requirements
contained in the Financial Guide published by the Office of Justice Programs, U.S. Department of Justice,
concerning the use, tracking/inventory, and disposition of any equipment purchased with Agreement
funds.
WSP lnteragency Agreement Page 7 of 8
EXHIBIT B
STATE REPORTING TRACKING NUMBER
The Domestic Cannabis Eradication/Suppression Program (DCE/SP), DEA does not have an assigned
Catalog of Federal Domestic Assistance (CFDA) number. Audits can be conducted without a CFDA number
The auditor must send an email to the Federal Audit Clearinghouse erd.fac@census .gov with their agency's
name and EIN number and the information will be forwarded to them. In conjunction with the beginning date
of the award, the audit report period of the WSP under the single audit requirement is FY20 (10/1/19 -
9/30/20).
NOTE: The WSP receives the funds for this program from the Drug Enforcement Administration (DEA)
through a Letter of Agreement (LOA) which is a reimbursable agreement, not a grant; therefore for purposes
of the DCE/SP, DEA requires an audit completed regardless of the threshold amount listed in 2 CFR 200.
WSP lnteragency Agreement Page 8 of 8
U.S . DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form . Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S . Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100 .000, as defined at
28 CFR Part 69 , the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in -
fluencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and the extension, continuation ,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at -
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants , contracts under grants and
cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION , AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar -
ment , declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency ;
(b) Have not within a three-year period preceding this applica -
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal , State , or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement , theft , forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application .
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67 , Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
A . The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession , or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that w ill be taken against
employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation , and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state -
ment required by paragraph (a);
(d) Notifying the employee in the statement required by para-
graph (a) that, as a condition of employment under the grant,
the employee will-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-tion .
Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N .W, Washington, D .C , 20531 , Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
Federal W ay Police De p artment
33325 8th Avenue South
Federal Way, WA 98003
Check D if there are workplaces on file that are not indentified
here .
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding States and State
agencies may elect to use OJP Form 4061/7 .
Check D if the State has elected to complete OJP Form
4061/7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67: Sections 67.615 and 67.620-
A . As a condition of the grant, I certify that I will not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance in conducting any
activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 810 Seventh Street NW.,
Washington, DC 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Federal Way Police Department 91-1462550
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
Andy J. Hwang Chief of Police
4 . Typed Name and Tille of Authorized Representative
5. Signature 6 . Date
•u S Government Printing Office: 1996 -405-037/40014
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C . 1352
(See reverse for p ublic burden disclosure .)
1. Type of Federal Action : 2. Status of Federal Action: 3. Report Type:
[ J a. contract
· b . grant
I~ a. bid/offer/application
--b . initial award
D a . initial filing
b . material change
c. cooperative agreement c. post-award For Material Change Only:
d . loan year quarter
e. loan guarantee date of last report
f . loan insurance
Approved by 0MB
0348-0046
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
0 Prime 0 Subawardee and Address of Prime:
Tier ' if known :
Congressional District, if known : Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable :
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
( if individual, last name, first name, Ml): different from No. 1 Oa)
(last name, first name, M/):
11 Information requested through lhis form is authorized by lille 31 US C section
• 1352~ This disclosure of lobbying activities is a material representation of fact Signature :
upon which reliance was placed by the tier above when this transaction was made Print Name: or entered inlo. This disclosure is required pursuant to 31 U.S.C. 1352 This
informalion will be reported to the Congress semi~anr,ually and will be available for
Title : public inspection. Any person who fails lo file lhe required disclosure shall be
subject lo a civil penally of not less lhal S10,000 and not more than S100,000 for
each such failure _ Telephone No .: Date:
Federal Use Only: I Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing , pursuant to title 31 U .S C section 1352. The filing of a form is required for each payment or agreement to make
payment to any lobbying entity for influencing or attemptin g to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material
change report . Refer to the implementing guidance published by the Office of Management and Budget for additional information .
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action
2 , Identify the status of the covered Federal action
3 Identify the appropriate classification of this report If this is a followup report caused by a material change to the information previously reported , enter
the year and quarter in which the change occurred Enter the dale of the last previously submitted report by this reporting entity for this covered Federal
action .
4. Enter the full name, address , city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reporting entity that designates if it is, or expects to be , a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
rec ip ient. Include Congressional District, if known .
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard
7 . Enter the Federal program name or description for the covered Federal action (item 1 ). If known , enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments .
8 , Enter the most appropriate Federal identifying number ava ilable for the Federal action identified in item 1 (e .g ., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number: grant announcement number: the contract, grant, or loan award number: the application/proposal control number
assigned by the Federal agency). Include prefixes , e .g ., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action .
(b) Enter the full names of the individual(s) performing services, and include full address if different from 1 O (a). Enter Last Name, First Name, and
Middle Initial (Ml).
11 . The certifying official shall sign and date the form, print his/her name , title , and telephone number.
Accord ing to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid 0MB Control
Number. The valid 0MB control number for this information collection is 0MB No . 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden , to the Office of Management and Budget , Paperwork Reduction Project (0348-0046), Washington,
DC 20503.
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#: Sc
SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY 2019
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Edward
Byrne Memorial Justice Assistance Grant (JAG) Grant for FY 2019? Acceptance of grant requires no matching
funds.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC
SAFETY COUNCIL COMMITTEE -(PRHS&PSC)
CATEGORY:
� Consent D City Council Business
D Ordinance D Resolution
MEETING DATE:
July 14 , 2020
□□ Public Hearing
Other
STAFF REPORT BY: DIANE C. SHINES, CIVILIAN OPERA TIO NS MANAGER DEPT: POLICE
Attachments:
1.PRHS & PS Staff Memo
2.JAG 2019 Grant Award
3.FY19 JAG Contract MOU
4.2019 JAG MOU w/three declining agencies
5.2019 Project Narrative
6.JAG 2019 Budget Worksheet
Optio�s Considered:
1.Accept the FY 2019 JAG Grant
2.Reject the FY 2019 JAG Grant
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL�: }a 11?_/.J-o
Co •uef
Initial/Date
COMMITTEE RECOMMENDATION: 1 move to forward the FY 2019 JAG Grant to the July 21, 2020 consent
agenda for approval.
¥-o�h� ��'-
. ·\J\tA<..iJ CvV'-.f� u.......
Committee Chair
A55(_;:<.,.-t:::::)l_��v, �G.,(""\/'--�V
�\(.,__ �\ Ql..<-0 e...orWU\.t,t__ \J\L 'v\ k.t) LLJ<'--f•
Committee Member Committee Member
PROPOSED COUNCIL MOTION: 1 move approval of the FY 2019 JAG Grant.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: □APPROVED□DENIED□TABLED/DEFERRED/NO ACTION □MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
June 29, 2020
Parks, Recreation, Human Services and Public Safety Council Committee
Jim Ferrell, Mayor
Andy Hwang, Chief of Police
SUBJECT: FY 2019 Edward Byrne Memorial Justice Assistance (JAG) Grant Program
Financial Impacts:
JAG funds support all components of the criminal justice system. JAG funded projects may address
crime through the provision of services directly to individuals and/or communities and by improving
the effectiveness and efficiency of criminal justice systems, processes, and procedures. Specific
projects are described in the attached financial and narrative summary document. Project Award:
$44,766.
Background
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of
federal criminal justice funding to state and local jurisdictions. JAG funds support all components
of the criminal justice system. JAG funded projects may address crime through the provision of
services directly to individuals and/or communities and by improving the effectiveness and
efficiency of criminal justice systems, processes, and procedures.
The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of
Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of
Seattle is to distribute grant funds to the County and one or more jurisdictions.
The City of Seattle ("City") is submitting its Grant Award Document and Certifications Document
for the Fiscal Year (FY) 2019 Byrne Justice Assistance Grant (JAG) Award per the guidance
provided by the Department of Justice ("DOJ"), but continues its strong objection to certain
conditions, specifically Conditions 31-41. Please note the prominent disclaimers pursuant to the
September 26, 2019 order that permanently enjoined the DOJ from enforcing the challenged
immigration-related grant conditions against U.S. Conference of Mayors members. City of Evanston
v. Barr, --F. Supp. 3d--, 2019 WL4694734 (N.D. III. Sept. 26, 2019). The City is a member of the
U.S. Conference of Mayors.
Acceptance of the FY 2019 Edward Byrne Memorial Justice Assistance Grant will ensure that
services or projects under this Agreement will be conducted for the stated purpose of the Byrne
Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751(a.) The Edward Byrne Memorial
Justice Assistance Grant (JAG) Program is theprimaryprovideroffederal criminal justice funding to
state and local jurisdictions.
1
Qil~
City of Seattle
Mayor Jenny A. Durkan
December 13, 2019
Ms. Katharine T. Sullivan
Principal Deputy Assistant Attorney General
U.S. Department of Justice
Bureau of Justice Assistance/Office of Justice Assistance
810 Seventh Street, NW
Washington, DC 20531
RE: FY 2019 Byrne JAG Award #2019 -DJ-BX-0906
Dear Ms. Sullivan,
The City of Seattle ("City") is submitting its Grant Award Document and Certifications Document for the
FY 2019 Byrne Justice Assistance Grant ("JAG") Award .
The City continues to maintain its strong objection to certain conditions, specifically Conditions 31-41,
inclusive, in the Grant Award and Special Conditions document. Although the City has not modified or
crossed out Special Conditions 31 -41, please note the prominent disclaimers pursuant to the September
26, 2019 order that permanently enjoined DOJ from enforcing the challenged immigration-related grant
conditions against U.S. Conference of Mayors members. City of Evanston v. Barr, --F. Supp. 3d --, 2019
WL 4694734 (N.D. Ill. Sept . 26, 2019). The City is a member of the U.S. Conference of Mayors.
Nothing in the City's acceptance of this award shall be construed as an acceptance of Special Conditions
31-41 in the Grant Award and Special Conditions documents. In addition, the City interprets the term
"applicable federal laws" in 34 U.S.C. § 10153(a)(S)(D) as denoting only those laws that expressly apply
to federal grants.
Please do not hesitate to contact me at (206) 684-5452 or via email at M ic he lle.Chen@Seatt le.gov if you
have any questions.
Sincerely,
Michelle S. Chen
Legal Counsel, Mayor of Seattle
cc: Pete Holmes, Seattle City Attorney
Sierra Howlett Browne, Office of Intergovernmental Relations
Office of the Mayor I 600 Fourth Avenue, P.O. Box 94749, Seattle, WA 98124 I 206 -684-4000 I seattle.gov/mayor
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2019 Local Solicitation
Certifications and Assurances by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that locality's application for an award
under the FY 2019 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I
certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are
true and correct:
1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make
the following representations on my own behalf as chief executive and on behalf of the applicant unit of local
government. I understand that these representations will be relied upon as material in any OJP decision to make
an award, under the application described above, to the applicant unit of local government.
2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application
described above will be used to supplant local funds, but will be used to increase the amounts of such funds
that would, in the absence of federal funds, be made available for law enforcement activities.
3. I assure that the application described above (and any amendment to that application) was submitted for review
to the governing body of the unit of local government (e.g., city council or county commission), or to an
organization designated by that governing body, not less than 30 days before the date of this certification.
4. I assure that, before the date of this certification-(a) the application described above (and any amendment to
that application) was made public; and (b) an opportunity to comment on that application (or amendment) was
provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or
established procedure made such an opportunity available.
5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described
above, the applicant unit of local government will maintain and report such data, records, and information
(programmatic and financial), as OJP may reasonably require.
6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the
award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified
therein.
uti ve of the Applicant Unit of Date of Certification
Printed Name of Chief Executive Title of Chief Executive
~ 1 CY or-SeA-yp_c.E'
Name of Applicant Unit of Local Government
Rev . March 6, 2019
Office of the Assistant Attorney General
September 18,2019
The Honorable Jenny Durkan
City ofSeattle
700 Fifth Avenue
Suite5800
Seattle, WA 98124
Dear Mayor Durkan:
U.S.'Department of Justice
Office of Justice Programs
Wa.,l,ington, D.C. 20SJJ
On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program-
Local Solicitation in the amount of $672,410 for City of Seattle.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit fmdings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
-Program Questions, J cffcry F cl ten-Green, Pro gram Manager at (2 02) 514-88 7 4; and
-Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800\ 45l!-07l!6, nr you may co 111ac1 lhc CSC :u ask ocfof11)usdoj . ••w
Congratulations, and we look forward to working with you .
Sincerely,
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
Enclosures
• Acceptance of FY 2019 JAG awards by U.S Conference of Mayo,s members (as designated in Evanston v. Barr) shall not
be consrtued as acceptance of Special Condi/ions 31 through 41 /heroof. Nor, given the injunction, currently in effect, in the
litigation , against indusion oflhose conditions in FY 2019 JAG awards , shall Special Conditions 31-41 be enfora/d against
the fo ,egr:ing jurisdictions while that ruling is in effect.
September 18,2019
The Honorable JennyDurkan
City ofSeattle
700 Fifth Avenue
Suite5800
Seattle, WA 98124
Dear Mayor Durkan:
U.S. Department of Justice
Office of Justice Programs
Office of Civil Rights
Washington, DC 20531
Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
Justice (DOJ) nas been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the
Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such a~ Title VJ of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with
those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require
compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with OJP and other DOJ awards, see
https ://ojp.gov/funding/Explore/1..egaIOverview/CivilRightsRequirements.htm
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or
groups. In addition, the OCR conducts limited compliance reviews and audits based on regul ntory crire rin , These reviews and audits
permit the OCR to evaluate wh ether recipients of financial assistance .from the Department a re pr6vidlng services in a non-
discriminatory manner to their service population or have employment prncriccs th at meet C<11ial-opportuniry stan<lards .
If yo u are a recipient of grant awords under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Del inquency
Prevention Act and your agency is pw1. of a criminal justice system, there are two additional obligations that may apply in co nntction
with the awards: (I) complying with the regulation relating to Equal Employment OpportW1ity Programs (EEOPs); and (2)
submitting findings of discrimination to OCR For additional information regarding the EEOP requirement, see 28 CFR Part 42 ,
subpart E , and for additional information regarding requirements when there is an adverse finding, see 28 C .F.R. §§42.204(c),
.205(c)(S). Please submit info nnation about any adverse finding to the OCR at th e a bove ad dress.
We at the OCR are available to help you and your organization meet the civil rights requirements that arc associated with OJP and
other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
U.S . Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
RECIPIENT NAME AND ADDRESS (Including Zip Code]
City of Seattle
700 Fifth Avenue Suile5800
Seattle, WA 98124
2a . GRANTEE IRSNENDOR NO.
916001303
2b GRANTEE DUNS NO.
7905 97814
3 . PROJECTTfilE
FY 201 9 JAG Program
I 2. SPECIAL CONDrTIONS
PAGE l OF 30
Grant
4 .AWARDNUMBER: 2019-DJ-BX-0906
5. PROJECT PERJOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 09/18/2019
8. SUPPLEMENTNUMBER
00
9. PREVIOUS AWARD AMOUNT
10 ,AMOUNTOFTHJS AWARD
11. lUTAL AWARD
I0/0 I /20 I 8 TO 09/30/2022
I 0/01/2018 TO 09/30/2022
7 ACTION
Initial
$0
l,672,410
$672,410
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LJMrr ATJONS AS ARE SuT FORTH
ON T H E ATTACHEDPAGE(S).
13 STATUTORY AUTHORJTY FORGRANT
This project is ruppcrtcd und~r FY 19(0l A -JAO State nnd )AO l.ocol) Title I of Pub L. No, 90-351 (generally codified et 34 U$.C 10151-10726),including
su bpnri I ofplll't E (cod ili<d tt t 34 U.S C. 10 151 -101 58): scenlso 28 U.S C.SJOC(n).
L•I C,\TAUXi OF DOMESTIC FEDERAL ASSISTANCE (CPQA Number)
l 6 73 8 -Edward Byrne Memorial Justice Assistance Grant Program
15. M.EITHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TY PED NAME AND TITLE OF APPROVING OFFlCIAL
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
17 . f lCIJ?AnlRE OF APPROYINGOff!Cli\L
{f6J /i L"-----
*
GRANTEE ACCEPTANCE
18. TYPED NAME AND TmE OF AITTHORJZED GRANTEEOfFlCIAL
AGENCY USEONLY
20. ACCOUNTING CLASSll'ICATJON CODES 21. UDJUGT0844
FISCAL FUND BUD. DIV.
YEAR CODE ACT . OFC REG. SUB POMS AMOUNT
X B DJ 80 00 00 672410
OJP FORM 4000/2 (REV . 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
• Acceptance of FY 2019 JAG awards by U.S Conference of Mayors members /as designated in Evanston v. Barr) shall not be
OJI' ~-ORM 4000/2 (REY. 4-88)
construed as acceplance of Special ConcMar.s 31 through 41 thereof. Nor, given the injunction, currently in effect, in the litigation , #
og;Jlnst fnclusicn ol ll10s.e c:ood!l1ons In FY 2019 JAG awards, shall Special Conditions 31-41 be enforced against the foregoing
Juriscf,ctions while I/far ruling is In effect.
itlal
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 J 9-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/1812019
SPECIAL CONDITIONS
I. Requirements of the award; remedies for non-compliance or for materially false statements
PAGE 2 OF 30
The conditions of this award arc material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient
official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as
if personally executed by the authorized recipient official.
failure to comply with any one or more of these award requirements --whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the award period
-may result in the Office of Justice Programs ("OJ?") taking appropriate action with respect lo the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 100 I and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U .S.C. 3729-3730 and3801-3812).
Should any provision ofa requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as lo give it the maximum effect pennitted by law. Should it he
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Unifonn Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
20 I 9 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Unifonn Requirements apply with respect to all funds under that award number
(regardless of the awdrd date, and regardless of whether derived from tJ1e initial award or a supplemental award)
that are obligated on or after the acceptance date of this FY 2019 award.
For more infonnation and resources on the Part 200 Unifom1 Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain --typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies --and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement infonnation, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
* Acceptance of FY 2019 JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be
construed as acceptance of Special Conditions 31 through 41 thereof. Nor, given the injunction, currently in effect, in the litigation,f/1,
against incfu s/011 of tl!D$e conditions In FY 2019 JAG awards, shall Special Conditions 31-41 be enforced against the foregoing
Jurisdicl ions while /hat ruli11g Is in effacl.
OJP FORM 400012 (REV. 4-88)
Initial
U .S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-0906
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
PAGE 3 OF 30
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
( currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
up doted version that may be posted during the period of perfom1ance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S . Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S . Code.
Effective as of September I, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date ofthc
recipient's acceptance of the award. Successful completion of such a training on or after January I, 2017, will satisfy
this condition.
In lhe event that either the POC or an FPOC for this award changes during the period of perforrnance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after--(I) the date ofOJP's approval ofthe "Change Grantee Contact" GAN (in the case of anew
POC), or (2) the date the POC enters information on the new FPOC in OMS (in the case of a new FPOC). Successful
completion of such a training on or after January I, 2017, will satisfy this condition.
A list ofOJP trainings that OJP will consider "OJP financial management and grant administration training" for
pu mosc~ of1l1i s condillon is ovn il nhl c 11 1 h1t ns ://www.oj p.go v/trai11 inµ/1i111 s hun All trainings that satisfy this condition
include a session on grant fraud prevention and detection
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds ifthe recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.4 l4(t), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by tlu: Part 200 Uniform Requirements.
OJP FORM 4000/2 (REV . 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 [9-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITJONS
7. Requiremenl to report potentially duplicative fonding
PAGE 4 OF 30
If the recipient currently has otlier active awards offederal funds, or if the recipient receives any other award of
federal funds during the period of performance for this award, the recipient promptly must determine whether funds
from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of
the identical cost items for whicb funds are provided under this award. If so, the recipient must promptly notify the
DOJ awarding agency (OJP or OVW, as appropriate) in writing of-the potential duplication, and, ifso requested by
the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice
(GAN) to eliminate any inappropriate duplication of funding .
8. Requirements related to System for Award Management and Universal Identifier RequiremenLS
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
cu rrentl y accessi ble ;1t hltpd/w\\ v.smn .gu v/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of infonnation in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) tl1e unique entity identifier required for SAM registration. '
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp .gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or hername).
OJP FORM 4000/2 (REV.4-88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
9. Employment eligibility verification for hiring under the award
I . The recipient (and any subrecipient at any tier) must--
PAGE 5 OF 30
A.Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of8 U.S .C. 1324a(a)(l) and(2).
B.Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award ofboth--
(1 )this award requirement for verification of employment eligibility, and
(2)the associated provisions in 8 U.S.C. 1324a(a)(l) and (2) that, generally speaking, make it unlawful, in the United
States, to hire (or recruit for employment) certain aliens.
C.Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D.As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form 1-9 record retention requirements, as well as records of all pertinent notificat ions and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition .
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition .
4. Rules of construction
A.Staff involved in the hiring proces s
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confinnation withE-Verify
For purposes of sati sfying the requirement of this condition regarding verification of employment eligibility, the
recipient (or any subrecipient) may choose to participate in, and use , E-Verify (www.e-verify.gov), provided an
np pro pr ia t.c pe rson authorized to act on behalf of th e recipie nt (or sub reci pient) uses E-Verify (and follows the proper
E-Vcrify procedures. including in the event ofa "Tcn1 n1iye No nconfum ation" or a "Fi11 al onconfirmation") to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or
in part) with award funds .
C."United S!Jites" specifically includes the District of Columbia, Puerto Rico , Guam , the Virgin Islands of the Un ited
States, and the Commonwealth ofthe Northern Mariana Islands .
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
OJP FORM 4000/2 (REV. 4-88)
U.S . Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
PAGE 6 OF 30
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Noth ing in this condition, including in paragraph 4.8., shall be und erstoo d to relieve any re ci pient, any subrecipient
at any ti er, or any person orother entity, of any obligation otherwise im posed by law, in cluding 8 U.S .C. 1324a(a)( I)
and(2).
Questions about E-Verify should be directed to OHS . For more infonnation about E-Verify visit the E-Verify
• si 1 • 1 is· ww1 •.,, • ·r, •nvl or email E-Verify at F.-Vc ri f)'@ tlh $.g!l • E-Verify employer agents can email E-
Verify at [;-V cri fy Em 1 I -~~
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable infonnation (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (0MB M-17-12) ifit (or a subrecipient) •· (I) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of"personally identifiable information (PII)" (2 CFR 200.79) within the
scope ofan OJP grant-funded program or activity, or (2) uses or operates a "l'ederal information system" (OMO
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach .
11 . All subawards ("subgranls") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any lier, mus! comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that·· for purposes of federal grants
administrative requirements•· O.IP considers a "subaward" (and therefore does not consider a procurement
"contract").
The detai ls oflhe requirement for authorization of any subaward are posted on the OJP web site at
https ://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition : All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
12 . Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance a pproval to use a non com petitive a pproach in any procurr.:mcni contract that wo ul d exceed the
Sim pli fi ed Acq uisi ti on Thresho ld (curre ntly, $250,000 ). This con dition applies to agreements 11ml •· for purposes of
Je d ern l grants adm inistrative re qu irement s -O J P considers n procurem e nt "contract" (a nd therefore does not
consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract
under an OJP award are posted on the OJP web site at
https:/loj p.gov/fund ing/E.x pl ore/Noncompetitiv ~Procurement.htm (Award condition: Specific post-award approval
requ ired to use a non competitive a ppro~ch in a pro curem ent contract (if contract would exceed $250,000)), and are
incorporated by reference here.
OJP FORM 400012 (REV.4•88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2019-DJ-BX-0906
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 0911sno19
SPECIAL CONDITIONS
J 3. Unreasonable restrictions on competition under the award; association with federal government
PAGE 7 OF 30
SCOPE. Th.is condition applies with respect to any procurement of property or services that is funded (in whole or in
part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of
the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of
this condition must be among those included in any subaward (at any tier).
l. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements --including as set out at 2 C.F.R. 200.300 (requiring
awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and
200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open
competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on
films in order for them lo qualify lo do business" and taking "[ajny arbitrary action in the procurement process") --no
recipient (or subrccipicnt, at any tier) may (in any procurement transaction) discriminate against any person or entity on
the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or
entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F .R
200.3 l 9(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at
present) by or on behalf of the federal government --as an employee, contractor or subcontractor (at any tier), grant
recipient or -subrecipient (al any tier), agent, or otherwise --in undertaking any work, project, or activity for or on
beh11lf of ( or in providing goods or services lo or on behalf of) the federal government, and includes any applicant for
such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,
project, or activity (or to provide such goods or services) in future.
B.Nothing in this condition shall be understood to authorize or require any recipient, any subrccipicnt at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUM BER 20 19-DJ-BX-0906
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 09/l 8/2019
SPECIAL CONDl110NS
PAGE 8 OF 30
14 . Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to tenninale award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to rep ort nll egllt io ns) pertaining to prohibited conduct related to th e traffi cki ng of persons , whether on the
part of recipients, s nbrcciplcnts ("s ubgrantees"), or individuals defined (for purp oses of thi s condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https;//ojp.gov/funding/Explore/ProhibitedConduct-Trafficki11g.htm (Award condition : Prohibited
conduct by recipients a1ld subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here .
I 5. Determination of suitability to interact with participating minors
SCOPE . This condition applies to this award if it is indicated --in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute --that a purpose of some or all of the activities to be carried out under the award (whether
by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient , and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors , This requirement applies regardless of an ind ividual's employment status .
The details of this requirement are posted on the OJP web site athttps ://ojp .gov/funding/Explore/lnteract-Minors.htm
(Award condition: Determination of suitability required , in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here .
I 6. Compliance with applicable rules regarding approval , planning, and reporting of conferences , meetings, trainings, and
other events
The recipient, and any subrccipient ("subgrantee") at any tier , must comply with all applicable laws, regulations ,
policies, and offi cial DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beveruges at such conferences, and costs ofallendance at such conferences .
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
17 . Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this
award . The data must be provided to OJP in the manner (including within the tirneframes) specified by OJP in the
program solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 20 I 0, and other applicable laws.
18 . OJP Training Guiding Principles
Any training or training materials that the recipient --or any subrecipient ("subgrantee") at any tier -develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available athttps://ojp .gov/funding/lmplement!TrainingPrinciplesForGrantces-Subgrantees.htm.
OJ P FORM 400012 (RE V.4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
19 . Effect of failure to address audit issues
PAGE 9 OF 30
The recipient understands !l!ld agrees that the DOJ awarding agem,-y (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if(as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Unifom,
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigetions, or reviews of DOJ awards.
20. Potential imposition of additional requirements
The recipient agrees to co mply with any additional requ irements lh aL may be imposed by the DOJ awarding agency
(OJP or OVW, as ap pro pri ate) during the period ofperfuminnec fo r this award, if the recipient is designeted as "high-
risk" for purposes of the DOJ high-risk grantee list.
21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F .R . Part42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to an
equal employment opportunityprogram.
22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R . Part54
The recipient, and any subrecipient ("suhgrantee") at any tier, must comply with an applicable requirements of28
C.F.R . Part 54 , which relates to nondiscrimination on the basis of sex in certain "education programs."
23 . Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28
C .F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal lo hold a religiou s belief, or refusal lo attend or participate in a religious
practice. Part 38 , currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations tl1at engage in or conduct explicitly religious activities , as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations .
The text of28 C .f .R Part 38 is available via the Electronic Code of Federal Regulations (currently access ible at
hHps ://www.c cfr go /cgi-hi n/lK'FR·/pnllc "'hro ws cl. by browsing to Title 28-Judicial Administration, Chapter I , Part
38, under e-CFR "current" data.
OJP !'ORM 400012 (REV.4-88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
24 . Restrictions on "lobbying"
PAGE 10 OF 30
In general, as a matter of federal Jaw, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S .C. I 913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipienl at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee ofany of them) with respect to the awarding ofa federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or wiUJ respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval ofOJP.
25 . Compliance with general appropriations-law restrictions on the use of federal funds (FY2019)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on Uie use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various ''general
provisions" in the Consolidated Appropriations Act, 2019, are set out at
https://ojp.gov/funding/Explore/FY I 9AppropriationsReslrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use offederal funds by a recipient (or a subrecipicnt) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval ofOJP.
26 . Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award -(I) submitted a claim that violates the False Claims Act; or
(2) committed a criminal or civil violation oflaws pertaining to fraud , conflict of interest, bribery, gratuity, or
similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants .htm
(select "Submit Report Online"); (2) mail directed to : Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N .W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website athttps://oig.justice.gov/hotline.
OJP FORM 4000/2 (REV 4-88)
U.S. DepaJ1ment of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-09D6
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
27 . Restrictions and certifications regarding non-disclosure agreements and related matters
PAGE II OF 30
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts , or purport~ to prohibit or restrict, the reporting (in
accordance with law) of waste , fraud, or abuse to an investigative or law enforcement representative ofa federal
department or agency authorized to receive such information .
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Slundard Form 312 (which relutes to classified informution), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
I. In accepting this award , the recipient--
a.repre sents that it neither requires nor has required internal confidentiality agreements or statements from employee s
or contractors that currently prohibit or otherwise currenlly restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above ; and
b.certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict ( or purport to prohib it or restrict), reporting of waste, fraud ,
or abuse as described above, it will immediately stop any further obligations of award funds , will provide prompt
written notification to the federal agency making this award , and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency .
2.1 fthe recipient does or is authorized under this award to make subawards ("subgranl~"), procurement contracts , or
both••
a. it represents that-·
())it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward (''subgrant"), procurement contract , or subcontract under a procurement contract) either
requires or has requ ired internal co nfi dential ity agreem ents or state men ts from employees or con tracto rs that currently
prohibit or oth erw ise curr entl y res trict (or purp ort to pro hibit or res 1rict) employees or contractors fr om reporting waste ,
fraud, or abuse as described above ; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation ; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to e<'ecute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict ), reporting of waste, fraud , or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity , will provide prompt written notification to
the federal agency making this award , and will resume (or permit resumption of) such obligations only if expressly
authori:zcd to do so by that agency .
OJP FORM 4000/2 (REV.4-88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/)8/2019
SPECIAL CONDITIONS
28 . Compliance with 41 U.S.C. 4 712 (including prohibitions on reprisal ; notice to employees)
PAGE 12 OP 30
The recipient (and any subrccipient at any tier) must compl y with, :llld is subje ct to, all applicable provision ~ of4 l
U.S.C. 4 712 , including all applicab le provisions that prohibit , under specified circumstances, discri minllLion against an
employee as reprisal for the employee's disclosure of in,fonnalfon reloled lo gross mis management o fa federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, 11 s ubstantial and specific danger to public
health or safety, or a violation oflaw, rule, orreguh1tion related to II federnl grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C . 4 712 .
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this aw-Jrd, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
29 . Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October I, 2009), DOJ encourages recipients a11d subrecipicnts ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
30. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside ofDOJ
If the recipient is designated "high risk" by a federal grant-making agency outside ofDOJ, currently or at anytime
during the course of the period of performance under this award, the recipient must disclose that fact and certain
related i11fon11:nip11 10 OJ P by cmni! Ol JP . omplin11ccRc11011ing@o jp .11sdoj ,gQv. For purposes of this disclosure,
high risk
include s any status under which o federal awarding agency provides addillonal oversight due LO I.he re cipient's pas t
perfonnance, or other programmatic or finnocial concern s wilh the recipient. The n:oi pient's disclo sure muS1 include
lhe following : L The federal awnrding agency Lhal currently de signa te s th e recipient high risk, 2. The dnte th e recipient
was designated high risk, 3. The high-risk poi nt ofeontact at lhal federal llwurding agency (mune , phone number, and
email address), and 4. The reasons for the high-ri sk status, as set out by the federal awarding agency.
OJP FORM 400012 (REV.4-88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/1812019
SPECIAL CONDITIONS
PAGE 13 01' 30
31. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; *
ongoing compliance
I .With respect to the "program or activity" funded in whole or part under this award (including any such program or
activiLy of nny subrccipien t at any lier), throughout lhc period of pctformancc, no S1n1e or loca l government entity , •
agency. or-oflici:il may prohibit or in any way reslricl-(1) any• gove rnment entity or -official fro m SC rtdin g or
re ceiv ing infonnation regarding, citi zen.s hip or immigration status as described in 8 u.s,c_ 1373{a); or (2) a government
entity or -agency fi-om sending, requesting or receivin g, maint oini ng, or exchan gi ng info nnati on re garding immigration
status as described in either 8 U.S.C. 13 73(b) or 1644 . Ally prohibition (or restriction) that violates this condition is an
"information-communication restriction" under this award .
2.The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with the requirements of
this condition.
3.Allowable costs. Compliance with these requirements is an aulhorized and priority purpose oflhis award . To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient 11t any lier that is a Stale, a
local government, or a public institution of higher education, incurs to implement this condition.
4. Rules o[Construction
A. For purposes of this condition :
( I )"State" and "local government" include any agency or other entity thereof, but not any institution of higher
education or any Indian tnbe.
(2)A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local govenum:nt. (Such a public institution is consi do red to be a "government entity ,"
and its officials lo be "government officials.")
(3) "Program or activity" means what it means under liUe VI oflhe Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S .C. 1644; and tem,s lb.al are defined in8
U.S.C. 1101 mean what they mean under that section I 101, except that "State" also includes American Samoa.
(5) Pursuant to the provisions sci out at (or rclerenced in) 8 lJ .S.C. 1551 note (''Abo lition ... and Transfer of
Functions"), references to the "lmmi grat lou and Natu raliza tion Service" in 8 U.S.C. 1373 an d 1644 me lo bcrcadas
references to particular components of the Department ofHomclund Security (OHS).
B. Nothing in this condition shall be understood 10 authorize or req uire any recipient, any subrccipicnl at nny tier, any
State or local government, any public institution of higher education. or any other entity (or individual) to vio late any
federal law, including any applicable civil rights or nondiscrimination law .
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance .
• Acceptance of FY 2019 JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Berr) shall not be
construed as acceptance of Specie/ Conditions 31 through 41 thereof Nor, giver, the Injunction, currently In effect, in the /II/gallo n,
egaihst inclusion of //'lose conditions in FY 2019 JAG awards, shall Special Conditions 31-41 be enforred against th11 foregoing
Jurisdic/Ions whl/e that rufrng rs In effect.
OJP FORM 4000/2 (REV. 4-88)
U .S. Depar1mcnt ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 l 9-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
PAGE (4 OF 30
32. No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance *
I.Throughout the period of performance, no State or local government entity, -agency, or -official may use funds
under this award (including under any subaward, at any tier) to prohibit or in any way restrict--(I) any government
entity or -official from sending or receiving infonnation regarding citizenship or immigration status as described in 8
U.S.C . 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or
exchanging infonnation regarding immigration status as described in either 8 U.S .C. 1373(b) or 1644. Any prohibition
(or restriction) that violates this condition is an "information-communication restriction" under this award.
2.The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with the requirements of
this condition .
3.Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this condition.
4.Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference
(within the funded "program or activity") with federal law enforcement: 8 U .S .C. 1373 and 1644; ongoing compliance"
condition are incorporated by reference as though set forth here in full .
• Acceptance of FY 2019 JAG awards by U.S . Conference of Mayors members (as designated in Evanston v. Barr) shall not ba
construed as acceptance of Special Conditions 31 through 41 thereof. Nor, given the injunction , currently in effect, in the litigation,
ag11inst inclusio n of those conditions fn FY 2019 JAG awards, shall Special Conditions 31 -41 be enforced against the foregoing
j urisdict ions wh ile that ruling Is In effect.
OJP FORM 4000/2 (REV.4-88)
U.S . Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHE.ET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
PAGE 15 OF 30
33 . Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal *
law enforcement: 8 U.S.C . 1373 and 1644; unallowable costs;notification
I. lfthe recipient is a "State," a local government, or a "public" institution of higher education:
A.The recipient may not obligate award fonds if, at the time of the obligation, the "program or activity" of the recipient
(or of any subrecipient ot ony tier that is a State, a local government, or a public institution of higher educotion) that is
funded in whole or in part with award funds is subject to any "information-communication restriction."
B.ln addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs --the program or activity of the recipient (or of any subrecipient
at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject lo any infonnation-communicalion restriction.
C.Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the
award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8
U.S.C. 1373 and 1644; ongoing compliance."
D. The recipient must promptly notify OJP (in writing) ifthe recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution ofhigher
education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher education must require prompt
notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher
education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program
or activity of the subrecipient (or of any further such subrecipienl at any tier) that is funded in whole or in part with
award funds is subject to any information-communication restriction .
3.Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at tl1e time ofa subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring ofsubrccipicnt compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and
1644; ongoing compliance" award condition.
4. Rules ofConstruction
A.For purpos es o f this condition "infom1ation-com muni c ation restrict ion" has the meaning set out in the
"Noninterli:rence ... 8 U.S .C. 1373 and 1644 ; ongo ing compliance" condition.
B.Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U .S.C. 1373 and
J 644; ongoing compliance" condition arc incorporated by reference as though set forth here in foll.
OJP FORM 4000/2 (REV.4-88)
• Acceptance of FY 2019 JAG awards by U.S C-Onference of Mayors members (as designated in Evanston v. Barr) shall no/ be
construed as acceptance of Special Condi/ions 31 through 41 /hereof. Nor, given the injunction, currently in effect, in the litigation,
against inclusion of those conditions in FY 2019 JAG awards, shall Special Condi/ions 31-41 be enforced against the foregoing
jurisdictions while that ruling is in effect.
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20l9-DJ-BX-0906
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
PAGE 16 OF 30
34 , Auth ority to obligate award funds contingent on no use of fimds to interfere with. federal law enforcement: 8U.S.C.
1373 and 1644; unallowable costs;notification
l. If the recipient is a "State," a local government, or a "public" institution of higher education:
A.The recipient may not obligate award funds if, at the t ini e oft hc o bl ign ti on, U1c "progra m or ac tiv ity" of the recipient
(or of any subrecipient at any tfo r that is a State, a local govern ment, or u publi c iastituti on o f higher ed ucation) that is
funded in whole or in part with award funds is subject to any "inform ation-co mmunic ati on restric tion."
B.ln addition , with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if --at the time it incurs such costs --the program or activity of the recipient (or ofany subrecipient
at any tier that is a State, a local government, or a public institution of high er education) that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction .
C.Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material repr esentation
by the recipient to OJP that, as of the date the recip ient requ ests th e dra wd own , Lhe recipient and each subreci pien t
(regardless of tier) that is a State, local government , or public insti rnt io n of hig her edu ca tion , is in compli an ce with the
award condition entitled "No use of funds to interfere with fu dc ra l la w enfo rcement: 8 U.S.C. 1373 and 1644 ;ong oing
compliance ."
D.The recipient must promptly notify OJP (in writing) if the recipient , from its requisite monitoring of complian ce
with award conditions or otherwi se, has credible evidence that indicates that the funded program or activity oflhe
recip ie111, or of any subrecipienl al any tier that is eithe r a S tare or a loca l g<i vemrnenr or a public ia stit uli on c,fh igher
edu cation, may be subject 10 any in fo rmation-cornmunic.1ti o11 restriction . Jn add itio n any subaward (at any tier) to a
subrecipient that is a State, a lo cal government, or a public in stitut io n of higher educa tion musL requi re prom pt
notification to the entity that made the subaward , should the subrecipient have such credible ev idence regardiog an
information-communication restriction .
2.Any subaward (at any tier) to a subreci pient Um t is a State, a local gove rnment, o r a publi c .in stitu ti on of l1i gher
education must provide that the subrccip icnt may not obli ga te awa rd fun ds i.f; ar th e time oftl1c oblig atio n, the program
or activity of the subrecipient (or of any further such subrec ipio nt at any li er) that is l untlc d in who le or m part wit h
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time ofa subrecipient's min or and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obl igations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award . In making any
such determination, DOJ will give great weight to evidence submilled by the recip ient that demonstrates diligent
monitoring ofsubrecipienl compliance with the requirements set out in the "No use of funds to interfere ... 8 U.S.C .
1373 and 1644; ongoing compliance" award condition.
4.Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds contingent on
noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644 ;
unallowable costs; notification" condition are inc orporated by reference as though set forth here in full .
• Acceptance of FY 2019 JAG awards by U.S. Oinferanca of Mayors mambflfS (as designated in Evans/on v. Barr} shall no/ be construed as
acceptance of Special Conditions 31 through 41 thereof. Nor, given the injunction , cu,rently in effect, in the liligation, against inclusion of those
condffions in FY 2019 JAG awants, shall Special Oinditions 31-41 be rmforced againsl the foregoing jurisdictions while that ruling is in effect.
OJP FORM 4000n (REV. 4-88)
*
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
A WARD CONTINUATION
SHEET PAGE 17 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0906 AWARD DATE 09118/2019
SPECIAL CONDJT!ONS
35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of *
certain Jaw enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance.
Its provisions must be among those included in any subaward (at any tier).
I .Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. !, 49,227), no public disclosure may be made of any federal law enforcement
information in a direct or indirect al!empt to conceal, harbor, or shield from detection any fugitive from justice under 18
U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of8 U.S .C. ch. 12-
without regard to whether such disclosure would constitute (or could fonn a predicate for) a violation of 18 U.S.C.
1071 or 1072 orof8 U.S,C . 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condiliotL
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e .g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A For purposes of this condition--
(l)the tenn "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S .C.
11 Ol(a)(3));
(2)the tenn "federal law enforcement infonnation" means law enforcement sensitive infonnation communicated or
made available, by the federal government, to a State or local government entity, -agency, or -official, through any
means, including, without limitation--(1) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cuoptration, or (4)
through any docoufliction (or courtesy) notice of planned, imminent, commencing, continuing , or impending federal
law enforcement activity;
(3)the tenn "law enforcement sensitive information" means records or information compiled for any law enforcement
purpose; and
(4)U1e term "public disclosure" means any communication or release other than one--(a) within the recipient. or (b) to
nny subr,-cipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
• Acceptance of FY 2019 JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall no/ be cons/rued as
acceptance of Special Condili«ls 31 through 41 lhereof. Nor, given /he injunc/ion , currently in effect, in the litigation , against inclusion of those
conditions in FY 2019 JAG awards, shall Special Conditions 31-41 be enforced against /he foregoing jurisdictions while Iha/ ruling is in effect.
OJP FORM 4000n (REV.4-88) d) ~
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/1812019
SPECIAL CONDITIONS
PAGE J& OF 30
36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law enforcement sensitive
infonnation *
SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the
period of performance. Its provisions must be among those included in any subaward ( at any tier).
I.No use of funds to interfere: No public disclosure of federal law enforcement information in order to conceal, harbor,
orshield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. l324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of
any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any
fugitive from justice under 18 U .S.C. ch. 49, or any alien who has come to, entered, orremains in the United States in
violation of 8 U.S .C. ch 12 --without regard to whether such disclosure would constitute (or could form a predicate
for) a violation of18 U.S.C . 1071 or 1072 or of8 U.S .C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., trnining) designed to ensure compliance with this
condition.
4. Rules of construction.
The' "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law
enforcement: No public disclosure of certain law enforcement sensitive information" award condition are incorporated
by reference as though set forth here in full.
• Acceptance of FY 2019 JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be construed as
acceptance of Special Conditions 31 through 41 thereof. Nor, given the injunction , currently in effect, in the litigation, against inclusion of
those conditions in FY 2019 JAG awards, shall Special Conditions 31-41 be enforced against /he fcregoln g Jurisdictions while that ruling is in
effect.
OJP FORM 4000/2 (REY. 4-88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 20\9-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
PAGE 19 OF 30
37. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this
award, as of the date the recipient accepts this award, and throughout the remainder ofthe period of performance
for the award. Its provisions must be among those included in any subaward (at any tier).
I. Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal Jaw enforcement statutes and regulations --including 8 U.S.C. 1357(a), wtder which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed lo be an
alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.S(a), under _which that power may be
exercised "anywhere in or outside the United States"•· within the funded program or activity, no State or local
government entity, •ugcncy, or -official may interfere with U1c exercise ofthnt power to inl.trrogaht ''without warrant "
(by agents of the United States acting under color of fcdcrnl lllw) by impeding access lo nny State or lo cn t government
(or government-contracted) correctional facility by such agents for tbc purpo se of"i11te1Togat[ing] ony alieu or person
believed to be an alien as to his [or her] right to be OT to remain in the United Slates."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4 . Rules ofconstruction
A. For purposes of this condition:
(!)The term "alien" means what it means under section 10 I of the Immigration and Nationality Act (INA) (see 8
U.S.C. I J0l(a)(3)).
(2)The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (sec 34 U.S .C.10251(a)(7)).
(3)The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, mlc,
or practice, that-
( a) is designed to prevent or to significantly delay or complicate, or
(b) has the effect of preventing or of significantly delaying orcomplicating.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program OT activity') with federal law enforcement 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
• Acceptilt:ce of FY 2019 JAG awards by U.S. Conforence of Mayors mem~ (BS desigrTiited in Evans ton 11 Bo,r) shall nal be ccnslniud as
acceptance of Special Conditions 31 through 41 thereof Nor, given the injunction, currently in effect, in the litigation, against inclusion of those
conditions in FY 2019 JAG awards, shall Special Condi/ions 31-41 be enforced against the foregoing Jurisdictions while that ruling is in effect.
OJP FORM 4000/2 (REV.4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
A WARD CONTINUATION
SHEET
Grant
PAGE 20 OF 30
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
38.
SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: Interrogation of certain aliens *
SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder ofthe
period ofperfonnance for the award . Its provisions must be among those included in any subaward (at any tier).
J . No use of funds to interfere with statutory law enforcement access lo correctional facilities
Consonant with federal law enforcement statutes and regulations --including 8 U.S .C. 1357(a), under which certain federal
officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his
right to be or lo remain in the United States," and 8 C .F.R. 287.S(a), under which that power may be exercised "anywhere in
or outside the United States" -no State or local government entity, -agency, or -official may use funds under this award to
interfere with the exercise of that power to interrogate "without warrant" (by agents of the United Stales acting under color
offcderal law) by impeding access to any State or local government (or government-contracted) correctional facility by
such agents for the pmposc of"interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to
remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with this condition.
3 . Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e .g., training) designed to ensure compliance with this
condition.
4. Rules ofconstruction.
The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law
enforcement: Interrogation of certain aliens" awnrd condition are incorporated by reference as though set forth here in full
• Acceptance of FY 2019 JAG awards by U.S. Conference of MayOIS members (as designated in Evanston v. Barr) shall not be construed as
acceptance of Special Conditions 31 through 41 thereof. Nor, given the injunction, currently in effect, in the litigation, against inclusion otrhose
condffions in FY 2019 JAG awards, shall Special Condi/ions 31-41 be enforced against /he foregoing Jurisdictions while that ruling is in effect.
OJP FORM 4000/2 (REV 4-88) & fr,-
U.S. Oeparttnent of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
PAGE 21 OF 30
39. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts the award, and throughout the remainder of the period ofperformunce.
Its provisions must be among those included in any subaward at any tier.
I. Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes --including 8 U.S .C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of[an] undocumented criminal alien"); 8 U.S.C . 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual OOJ report
to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S . ofremovable "criminal aliens") --within the fimded program or activity, no State or
local government entity, -agency, or -otTicial (including a government-contracted correctional facility) may interfere
with the "removal" process by failing to provide --as early as practicable (see para. 4 .C. below) --advance notice to
OHS of the scheduled release date and time for a particular alien , ifa State or local government (or government-
conlracled) correctional facility receives from OHS a formal written request pursuant to the INA that seeks such
advance notice.
2 . Monitoring
The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal prOb'Tam, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g ., training) designed lo ensure compliance with this
condition.
4. Rules of construction
A.The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal
law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth
here infull.
B .Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any lier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released .
C . Applicability
( I )Current OHS practice is ordinarily to request advance notice of scheduled release "as early as practicable ( at least
48 hours, if possible)." (See OHS Form I-247A (3/17)). If (e.g ., in light of the date OHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that OHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2)Current OHS practice is to use the same form for a second, distinct purpose --to request that an individual be
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such OHS requests for
detention.
*
• Acceptance of FY 2019JAG awards by U.S. Conference of Mayors members (as designated in Evanston v. Barr) shall not be cons/rued as accep/ance of
Special Conditions 31 through 41 thereat Nor, given the injunction, currently in effect, in the litigation, against inclusion of those condl1ions in FY 2019 JA
awards, shall Special Comtlf/ons 31-41 be enforced against the foregoing jurisdictions while that ruling is in effect. ....__.<--__
OJP FORM 4000/2 (REV.4-88)
U.S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 22 OF 30
PROJECT NUMBER 2019-DJ-BX-0906 AWARD DATE 09/18/2019
SPRCIAL CONDITIONS
40 . No use of funds to interfere with federal law enforcement: Notice of scheduled release *
41.
SCOPE . This condition applies as of the date the recipient accepts the award , and throughout the remainder ofthe
period ofperfom1ance. Its provisions must be among those included in any subaward at any tier.
I. No use of funds to interfere with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes --including 8 U.S .C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "re moval period" during which lh c fe deral governm ent "shall " detain and then "s hall"
remove an alien from the U.S . "begin s" no later than "the da.tc U1 c alie n is rele ased fr om __ co nfin ement''; also, the
federal go vernm ent is exp ress ly auth orize d to make puyment s lo a "Slate or a politica l sub divi sio n of lhe Sl:ll.le ... with
respccl to th e incarceration of[nn) undo cum ented crimina l alien"); 8 U.S.C. l'226 (the fe der al go vemm cu t "sltnll rnkc
im o custody" cert ain crimina l ali ens "when the alien ls released"); an d 8 U.S .C. 1366 (re quiring an annu al DOJ report
to Co ngress on "the number of illega l uHen[ fel ons] [n Federa l and St aie pris ons " and programs un derway "to en~11rc th e
pr om pt remova l" from the U.S. of remova ble !'criminal aliens'') -no S1a1e or local gove rnme nt entity, -age ncy, or -
officia l (in cludi ng a go \lcmmcm-contracted correctional faoili Ly) may use fun ds unde r th is award to interfere with th e
''removnl" pr:occss by fa iling 10 provide --as CllTly as pru cti ca blc (sec parn . 4 .C . be low) --adva nce notic e to DHS of
the sche du led release date and ti me for a panicu lar alie n, ifa State or local government (or govern ment-contracted)
correctional facility receives from DHS a fonnal written req,1 est pursun nt to th e IN A th ut seeks such ad vance no ti ce .
2 . Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition .
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award fu nds may be obligated for the
reasonable , nece ssary, and allocable costs (if any) of actions (e .g., training) designed to ensure compliance with thi s
condition .
4. Rules of construction .
The "Rules of Construction" set out in the "Noninterference (w ithin the funded "program or activity") with federal law
enforcement: Notice of scheduled release" award condition are in corporated by reference as th ough set forth here in
full .
Requirement to collect certain information from subn:cipienls
Except as provided in this condition, the recipient may not make a subaward to a Stale, a local government, or a
"pub lic " instituti on o rhigher education, unless it first obt ain fro m th e proposed subrecip1ent rcspo n$es to I.h e quei;ti ons
identifi ed in the program solicitation as "Information rega rding Commu nicrn ti on with the De panmenl of Home land
Se curity (DHS) and/or Immigration and Customs Enforcement (ICE)." All sub rcc 1p ic 111 res ponses must be co ll ected and
maintained by the recipient, consistent with document retention requirements , and must be made available to DOJ upon
req uest Res pons es to these questions are not req uired fro m sub rec .ipients Iha! are either a tribal
gowm mc nl/organ i7.al:io n, a nonprofit organizatio n, or n pr ivate institu ti on of higher education.
• Acceptance of FY2019JAG awants by US . Conference of Mayors members (as designated in Evanston v. Barr) shall not be
construed as acceptance of Special Conditions 31 through 41 thereof. Nor, given the injunction , currently in effect, in the litigation,
against inclusion of those conditions in FY 2019 JAG awards , shall Special Cond#ions 31-41 be enforced against the foregoing
jurisdictions white that ruling is in effect.
OJ P FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of J usticc Programs
Bureau of Justice Assistance
PROJECT NUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/l8n0l9
SPECIAL CONDITIONS
42. Cooperating with OJPMonitoring
PAGE 23 OF' 30
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits . The
recipient agrees to provide to OJ P all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any s ubnwards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJ P's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
43 , FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and , in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds . The details of
recipient
obligations, which derive from the f-edcntl Funding Accountability and Transparency Act of2006 (ff A TA), arc posted
on .U1e OJP web site at hllps ://ojp.gov/limding/E.x pl orc/FFA TA.him (Award co ndition: Reporting Subnwards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to--(I) an award ofless than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or hername).
44. Required monitoring ofsubawards
The recipient must monitor sub11wards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes !llld benefits attributable to use of award funds by subrec!piems, Tho rec pient agrees to submit, upon
request, documcnliltion of its poli c ies and procedures for monitoring ofsubnwnrds w1'der thi s award .
45. Use ofprogran1 income
Progrnm income (as defmed in the Part 200 Unifom1 Re quirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program .h1come earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
46. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative (Global) guidelines. The recipient (and any subrccipicnt at any tier) must conform to the Global Standards
Package (GSP) and all constituent elements, where applicable, as described al: https:/ / it.ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared infollllfttion, or provide detailed
justification for why an alternative approach is recommended
OJP FORM 1000n (REV. •-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20!9-DJ-BX-0906
A WARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
4 7. Avoidance of duplication ofnetworks
PAGE 24 OF 30
To avoid duplicaling existing networks or IT systems in any initialives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve inters tnte connectivity, unless the recipient can
demonstrate to the salisfnction ofBJA that this requirement would not be cost cffi:ctive or would impair the
functionality ofan existing or proposed ITsystem.
48. Compliance with 28 C.F.R. Part23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable . Should OJP determine 28 C .F.R. Part 23 to be npplicable, OJP may, at
its discretion, perform audits oflhc system, as per the regulation. Should any violation of28 C . .F .R. Part 23 occur, the
recipient may be fined as per 34 U.S.C. 10231 (c)-(d). The recipient may not satisfy such a fine with federal funds.
49. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection ofhuman research subjects, including obtainment oflnstitutional
Review Board approval, if appropriate, and subject informed consenL
50. Confidentiality of data
The recipient (and any subrecipient al any tier) must comply with all confidentiality requirements of34 U.S.C. 1023 I
and 28 C.F.R. Part 22 that arc applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of28
C .F.R. Part 22 and, in particular, 28 C.F .R. 22-23.
51. Verification and updating of recipient contact information
The recipient must verify its Point ofContact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
OJP FORM 4000/2{REV.4..S8)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
52. Law enforcement task forces -required training
PAGE 25 OF 30
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award
funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent
rank, must complete required onlinc (internet-based) task force training. Additionally, all future task force members
must complete this trnining once during the period ofperfonnancc for this award, or once every four years if
multiple OJP awards include thisrequirenient.
The required training is available free of charge online through the BJ A-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/righls, task force perfonnance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates .
Additional infonnetion regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership(www .ctfli .org).
53 . Justification of consultant rate
Approval of this award does not indicate approval of any con~ultant rate in excess of$650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
54 . Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks --including 18 U.S.C . 922 and 34
U.S .C. ch. 409--if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part)a specific
project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NlCS), or that has as one of its purposes the establishment or improvement ofrecords
systems that contain any court dispositions, infonnation, or other records that are "eligible records" (under federal or
State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court
dispositions, infonnation, or other records that are "eligible records" (under federal or State law) relevant to the NJCS
are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
accessed by) the NICS, and --when appropriate --promptly must update, correct, modify, or remove such NlCS-
relevant "eligible records". ·
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written detennination regarding this condition.
OJP FORM 4000/2 (REV.4-88)
U .S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
55 . Compliance with National Environmental Policy Act and related statutes
PAGE 26 OF 30
Upon request, the recipient (and any subn:cipicnt al any tier) must assist BJA in complying with the Nati o nul
.finvironmcutnl Policy Act (NEPA), the Nat io nal Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any ofthese purposes . Jfit is determined that any ofthe following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient unders tan ds that this co nd iti on applies to new uc tivi1ics as se t ou t be low, wh e ther or not th ey ore being
specifically fund ed with these award fu nds. ·n ia t is, as long as th e activity is bein g cond11c1cd by the reci pi en t, a
subrecipient, or any third party, and the activity needs to be undertake n in order to use th ese a ward fu nds, I.his condition
must first be met. The activities covered by this condition are :
a.New construction;
b .Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
propt rlies localed willtin a 100-ycar flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligi ble for listing on the Nat ional Register of Historic Places;
c .A renovation, lease, or any proposed use ofa building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d.lmplementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used , for example, in office, household. recreational, or
education environments ; and
e.ltnplementation of a program relating to clandestine methampbetamine laboratory operations, including the
identification, seizure, or closur4: uf clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation ofan Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requiremenls for implementation of a Mitigation Plan, as detailed at https ://bja.gov/Funding/nepa .html, for
programs relating to methamphetamine laboralory operations .
Application ofThis Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipicnts' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
56. Establishment of trust fund
If award funds are being drawn down in advance, the recipient ( or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal
awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of llte
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period ofperfonnance for the award and expend
within 90 days thereafter. Any unobligated or unexpended funds, including interest earned , must be returned to OJPat
the time ofcloseout.
OJP FORM 400012 (REV.4-88)
U.S. DepaI1ment of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
57 . Prohibition on use ofaWHrd funds for match under BVPprogram
PAGE 27 OF 30
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP)progrem.
58. Certification of body armor "mandatory wear" policies
If recipient uses funds under this award lo purchase body armor, the recipient must submit a signed certification that
law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory
wear" policy in effect The recipient must keep signed certifications on file for any subrecipients planning to utilize
funds from this award for ballistic-resistant and stab-resistant body armor purchases . This policy musl be in place for
at least ell Wliformed officers before any fimds from this award may be used by an agency for body annor. There are
no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officel'll
while on duly .
59 . Body armor -compliance with NJJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body annor hes been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards end is listed on the NIJ Compliant Body
Armor Model List (https://nij.gov/topics/tcchnology/body-armor/Pagcs/complient-ballistic-armor.aspx). In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United Stales and must be uniquely
fitted , as set forth in 34 U.S.C. 10202(c)(l)(A). The latest NIJ standard information can be found here : https://nij.gov/
topics/ technology/ body-armor/ pages/ safety-initiative .aspx.
60 . Body armor -impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership (BVP) program , a separate program operated by BJA, pursuant to the
BVP statute at 34 USC 10531(c)(5).
61. Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual perfonnance reports through
OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Goverrunent
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work. The recipient must submit quarterly pcrfonnancc metrics reports through BJ A's
Performance Measurement Tool (PMT) website (www .bjaperformancetools .org). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage . Failure to submit required
JAG reports by established deadlines may result in the freezing of gnmt funds and future High Risk designation .
62 . Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias,
de-escalation of conflict, and constructive engagement with the public.
OJP FORM 4000/2 (REV.4-88)
U .S. Department ofJustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 l 9-DJ-BX-0906
AW ARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
63. Expenditures prohibited without waiver
PAGE 28 OF 30
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as
set forth at 34 U.S .C . 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such
expenditures essential to the maintenance of public safety and good order.
64. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2018
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As
of the first day of the period of performance for the aw1trd (October 1, 2018), however, the recipient may choose to
incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until , ata
minimum--(I) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion ofthe award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior
to award acceptance or prior to removal of an applicable withholding condition), provided that those project cos ts
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrccipient at any tier) to use award
funds to "supplant" State or local fund s in violation of the recipient's certification (exec uted by the chief executive of
the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the
absence of federal funds, be made available for law enforcement activities .
65 . Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing ofevidentiary materials , any resulting eligible DNA profiles must beuploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unles s the resulth1g DNA profiles may
be accepted for entry into CODIS.
66. Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success
storv. s:ian in IO a Mv l3JA actount Ol hlll>, .// \\ '"''.hjn .l!o\1/ Login .aspx to access the Success Story Submission form . If
the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once
registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an
option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success
Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department onustice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 l 9-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
PAGE 29 OF 30
67 . With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the awdl"d recipient at a rnte that exceeds 110% of the maximum annual S11lary payable to a member of the
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under lhis award may be waived on WI individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
68. Recipient integrity and performance matters : Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and F APIIS
The recipient must comply with any and all applicable requirements regarding reporting ofinfonnation on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or
any other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients ofOJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details ofrccipicnt obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings lo the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp .gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Perfonnance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
69 . Withholding of funds : Budget narrative or information
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJPreviews
and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has
been issued to remove this condition.
70 . Withholding-OHS question attachment
The recipient may not obligate, expend or draw down funds until the Office of Justice Programs has received and
approved the required application atlachment(s) described in the program solicitation as "Information regarding
Communication with the Department of Homeland Security (OHS) and/or Immigration and Customs Enforcement
(ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition.
71. Withholding of funds : Disclosure oflobbying
The recipient may not obligate, expend, or draw down any flrnds under this award until it has provided to the grant
manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form , and OJP has issued a Grant
Adjustment Notice to remove this special condition.
72 . Withholding offimds: Required certification from the chief executive of the applicant government
The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as
determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
OJP FORM 4000/l (REV.4-88)
U.S. Department of]ustice
Office of Justice Programs
Bureau of Justice Assistance
PROJl!CTNUMBER 2019-DJ-BX-0906
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/18/2019
SPECIAL CONDITIONS
73. Withholding of funds: Memorandwn ofUnderstanding
PAGE 30 OF 30
The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
OJP FORM 4000/2 (REV.<HB)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. ]0531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Seattle
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a sub grantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a.New construction;
b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a I 00-year flood plain, a wetland, or habitat for endangered species, or
a property listed on or eligible for listing on the National Register of Historic Places;
c.A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d.bnplementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required . For more infonnation about Mitigation Plan
requirem ents. plcnsc see httos://www.bja .gov/Funding/nepa.h1ml.
Please be sure to carefully review the grant conditions on your award document, as it may contain more
specific infonnation about environmental compliance.
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistunce
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECTNUMBER
2019-DJ-BX-0906
PROJECT SUMMARY
Grant
PAGE I OF I
Tiiis proj<cl is supported under FYI 9(BJA -JAG Stale and JAG Local) Title I of Pub L, No, 90-35 I (generally codified al 34 U.S,C. 10151-I0726), including
subpart I of part E (codified at 34 U.S.C. 10151 -10158); see also 28 lJ,S.C, 530C(a).
I. STAFF CONTACT (Name & telephone number)
JefTery Felten-Green
(202)514-8874
3a TITLE OFTHEPROGRAM
2. PROJECT DIRECTOR (Name, address & telephonenumber)
Faye Landskov
Planning and Development Specialist
700 Fifth Avenue
Suite5800
s .. ute, WA 98124
(206) 733-9163
BJA FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program-Local Solicitation
3b. POMS CODE (SEE INSTRlJCl"IONS
ONREVERSE)
4 . TITLE OF PROJECT
FY 2019JAGProgram
5. NAME & ADDRESS OF GRANTEE
City ofS eallle
700 ~-ifth Avenue Suite5800
Seattle, WA98124
7. PROGRAM PERIOD
FROM: IO/Olfl018
9. AMOUNT OF AWARD
$672,410
11. SECOND YEAR'S BUDGET
13 . THIRD YEAR'S BUDGETPERJOD
TO: 09/30/2022
15 . SUMMARY DESCRIPTION OF PROJECT (See instn,crion on reverse)
6. NAME & ADRESS OFSUBGRANTEE
8, BlJDGETPERJOD
fROM: 10/01/2018
10 DATE OF AWARD
09/1812019
TO : 09/30/2022
12. SECOND YEAR'S BUDGET AMOUNT
14. THIRD YEAR'S BUDGET AMOUNT
The Edward Byrne Memorial Justice As.sistance Grant (JAG) Program allows stoles and units ofloeal goven1men1. including tribes, to support a broad range of
aclivilies lo prevenl and control crime b11Sed on th ei r own slate and local needs and conditions. Grant funds c1111 be used for 51ate and local initiatives, technical
assistance, training. persoMcl, equipment, supplies, contractual support, and infonnation systems for crintinaljuslice. including for any one or more of the
following program areas: l) law enforcement progra,ns: 2) prosecution and court programs; 3) prevention and education programs; 4) correction, and community
com:clions programs; S) drug tre.almenl and enforcement programs; 6) planning, evaluation, and Leehnology improvement progr•1ns; and 7) crime victim and
witness programs (other than compensation) and 8) mental health prcsrams and related law enforcement and corrections programs.
This JAG award will be used to support criminal justice initiatives that fall under one or more of rhe allowable program areas above. Funded programs orinitialives
may include inultijurisdietionid drug and gang task forces, crime prevcnlion and domestic \lfo)cnce programs, cow1s, corrections, lreabnent ,justiceinformation
OJP FORM 4000/2 (REV . 4-88)
sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officcrsafcty.
NCNNCF
Page 11
Memorandum of Understanding -Contract
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2019 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative: Faye Landskov
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
and
City of Federal Way, hereinafter referred to as "Subrecipient"
JAG Grant Manager: Diane Shines
33325 8 Ave S
Federal Way, WA 98003
City ofFederal Way 1.5 #20-00582
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
City of Federal Way City of Seattle
Jim Ferrell, Mayor Mark R. Baird, Chief Operating Officer
Seattle Police Department
D~:___ D~: ___ _
Authorized by: Edward Byrne Memorial Justice Assistance Grant ljAG) Program
WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal
criminal justice funding to state and local jurisdictions; and
WHEREAS, the JAG Program supports all components of the criminal justice system, from
multi-jurisdictional drug and gang task forces to crime prevention and domestic
violence programs, courts, corrections, treatment, and justice information sharing
initiatives; and
WHEREAS, the United States Congress authorized $672,410 in the Justice Assistance Grant
(JAG) Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award
with a single, joint application and 9 did; and
WHEREAS, the City of Seattle ("City"), as the identified Fiscal Agent, had DOJ submit the
joint application to the Bureau of Justice Assistance on Aug 22, 2019 to request JAG
Program funds; and
WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has
awarded $672,410 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal
Agent for this award, is to distribute grant funds to co-applicants, the City intends to
transfer some of the JAG funds it receives to those co -applicants; and
WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG
Program once grant funds have lapsed; and
WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will
assume responsibility for any program costs funded by JAG once JAG funds are
spent;
NOW THEREFORE, the parties hereto agree as follows:
Page 12 City ofFederal Way 1.5 #20-00582
This Interagency Agreement contains seven Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed, until
September 30, 2022 unless terminated earlier pursuant to the provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated
purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C.
3751(a.)) The JAG Program is the,primary provider of federal criminal justice funding to
state and local jurisdictions. The JAG Program provides states and units of local
governments with critical funding necessary to support a range of program areas including
law enforcement; prosecution and court programs; prevention and education programs;
corrections and community corrections; drug treatment and enforcement; crime victim and
witness initiatives; and planning, evaluation, and technology improvement programs.
ARTICLE III: SPECIAL CONDITIONS
1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau
of Justice Assistance, solely for the purpose of furthering the stated objectives of the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall
use the funds to perform tasks as described in the Scope of Work portion of this
Agreement.
2. The Subrecipient acknowledges that because this Agreement involves federal funding,
the period of performance described herein will likely begin prior to the City's receipt
of appropriated federal funds. The Subrecipient agrees that it will not hold the City or
the Department of Justice liable for any damages, claim for reimbursement, or any type
of payment whatsoever for services performed under this Agreement prior to the City's
receipt and distribution of federal funds. In the event that the Department of Justice
requires the City to repay awarded funds for failure to comply with Special Conditions
31-41 listed in Attachment A, the Subrecipient will repay the City any funds it received
under this Agreement that the City is required to repay to the federal government.
Subrecipient further acknowledges and agrees that the City may reject federal funds if it
is required to comply with Special Conditions 31-41 as a prerequisite for receiving
these funds. Subrecipient will not pursue the City for such funds but may be able to
pursue the federal government.
3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY
2019 Justice Assistance Grant Program Award# 2019-DJ-BX-0906. All federal financial
and grant management rules and regulations must be adhered to in the execution of
this contract. Exhibit Attachment A is a copy of the federal award documents. All
special conditions stated in the award documents apply to the execution of this
contract. All Subrecipients are assumed to have read, understood, and accepted the
Award as binding.
Page I 3 City of Federal Way 1.5 #20-00582
4. The Subrecipient acknowledges that all allocations and use of funds under this
agreement will be in accordance with the Edward Byrne Memorial Justice Assistance
Grant (JAG) Program: FY 2019 Local Solicitation. Allocation and use of grant funding
must be coordinated with the goals and objectives included in the Local Solicitation. All
Subrecipients are assumed to have read, understood, and accepted the Local
Solicitation as binding.
5. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with
the Central Contractor Registration (CCR) database no later than the due date of the
Subrecipient's first quarterly report after a subaward is made.
6. The Subrecipient shall comply with all applicable laws, regulations, and program
guidance. The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of
Justice (DOJ) in 2 C.F.R Part 2800 (together, the "Part 200 Uniform Requirements")
apply to this 2017 award from the Office of Justice Programs (OJP).
7. The Subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principals, and Audit Requirements.
a. Non-Federal entities that expend $750,000 or more in one fiscal year in Federal
awards shall have a single or program-specific audit conducted for that year in
accordance with the Office of Management and Budget (0MB) Circular A-133-
Audits of States, Local Governments, and non-Profit Organizations. Non-federal
entities that spend less than $750,000 a year in federal awards are exempt from
federal audit requirements for that year, except as noted in Circular No. A-133, but
records must be available for review or audit by appropriate officials of the
Federal agency, pass-through entity, and General Accounting Office (GAO).
b. Subrecipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in the
Government Auditing Standards (the Revised Yellow Book) developed by the
Comptroller General and the 0MB Compliance Supplement. The Subrecipient has
the responsibility of notifying the Washington State Auditor's Office and
requesting an audit.
c. The Subrecipient shall maintain auditable records and accounts so as to facilitate
the audit requirement and shall ensure that any sub-recipients also maintain
auditable records.
d. The Subrecipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included with
the audit report submitted to the Seattle Police Department. The Subrecipient
must respond to requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The City reserves the right
to recover from the Subrecipient all disallowed costs resulting from the audit.
Page 14 City ofFederal Way 1.5 #20-00582
e. If applicable, once any single audit has been completed, the Subrecipient must
send a full copy of the audit to the City and a letter stating there were no findings,
or if there were findings, the letter should provide a list of the findings. The
Subrecipient must send the audit and the letter no later than nine months after the
end of the Subrecipient's fiscal year(s) to:
Faye Landskov, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
206-733-9163
f. In addition to sending a copy of the audit, the Subrecipient must include a
corrective action plan for any audit findings and a copy of the management letter if
one was received. The Subrecipient shall include the above audit requirements in
any subcontracts.
g. The Subrecipient agrees to cooperate with any assessments, national evaluation
efforts, or information or data collection requirements, including, but not limited
to, the provision of any information required for assessment or evaluation of
activities within this agreement, and for compliance BJA reporting requirements.
h. Suspension and Debarment: The Subrecipient certifies that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in transactions by any
Federal department or agency. By signing and submitting this Agreement, the
Subrecipient is providing the signed certification set out below. The certification
this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into.
If it is later determined that the Subrecipient rendered an erroneous certification,
the Federal Government and City may pursue available remedies, including
termination and/or debarment. The Subrecipient shall provide immediate written
notice to the City if at any time the Subrecipient learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
The Subrecipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
The Subrecipient shall include the requirement in this section in any subcontracts.
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is
as described in Attachment B: JAG Budget Worksheet, as approved by BJA. Attachment B is
attached to and made part of this agreement.
Page J 5 City of Federal Way 1.5 #20-00582
The work shall, at all times, be subject to the City's general review and approval. The
Subrecipient shall confer with the City periodically during the progress of the Work, and
shall prepare and present such information and materials ( e.g. a detailed outline of
completed work) as may be pertinent, necessary, or requested by the City or BJA to
determine the adequacy of the Work or Subrecipient's progress.
ARTICLEV: PAYMENT
1. Compensation
The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this
Agreement cannot exceed $44,766.
The Subrecipient shall incur authorized allowable expenses in accordance with the
Project Budget, as detailed in Attachment B.
The Subrecipient may request additional reimbursement up to the amount of interest
accrued on their portion of the grant award. The City will provide quarterly statements
to the Subrecipient, once the interest balance accrued equals at least $1,000.
Reimbursements will not be made for interest accrued that is less than $1,000.
Reimbursements can be requested, up to the total amount of interest accrued, after the
initial quarterly statement has been sent, to perform tasks in accordance with the
Project Budget, as detailed in Attachment B.
No travel or subsistence costs, including lodging and meals, reimbursed with federal
funds may exceed federal maximum rates, which can be found at: http:/ /www.gsa.gov.
2. Manner of Payment
The Subrecipient shall submit reimbursement requests not more than monthly, and at
least quarterly. After the first quarter, monthly submission is preferred.
Requests are due no later than 30 days after the end of the period in which the work
was performed. Reimbursement request forms are provided. Substitute forms are
acceptable.
With each reimbursement request, the Subrecipient shall submit:
• Detailed spreadsheet of expenditures by task and related financial documents
(timesheets, invoices)
• These documents and invoices must be kept on file by the Subrecipient and be made
available upon request by the City or to state or federal auditors, for at least six
years after the closure of the grant.
Reimbursement will not be processed without accompanying documentation for the
corresponding costs . Once the above conditions are met, payment shall be made by the
City to the Subrecipient.
Submit invoicing to Submit Documentation to
Fiscal Accounts Payable Faye Landskov, JAG Program Manager
Page I 6 City ofFederal Way 1.5 #20-00582
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
SPDAP@seattle.gov
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
206-733-9163
Article VI.. COOPERATION IN MONITORING AND EVALUATION.
1. SPD Responsibilities:
SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the
conduct of Approved Services performed under this Agreement. SPD has the
responsibility to determine whether Subrecipient has spent funds in accordance with
applicable laws, regulations, including the federal audit requirements and agreements
and shall monitor the activities of Subrecipient to ensure that Subrecipient has met
such requirements. SPD may require Subrecipient to take corrective action if
deficiencies are found. SPD will not monitor Subrecipient's adherence to Special
Conditions 31-41 in the Grant Award and Special Conditions documents.
2. Subrecipient Responsibilities.
a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities,
including any performance measurement system required by applicable law,
regulation, funding sources guidelines or by the terms and conditions of the
applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest
extent possible, the cooperation of its agents, employees and board members in
such monitoring and evaluation efforts. This provision shall survive the expiration
or termination of this Agreement.
b. Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of SPD, DOJ, the U.S. Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extent possible the cooperation of its agents,
employees and board members in any such reviews and audits. This provision shall
survive the expiration or termination of this Agreement.
ARTICLE VII: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement, by mutual agreement.
Pagel? City ofFederal Way 1.5 #20-00582
Memorandum of Understanding
FY 2019 Edward Byrne Memorial Justice Assistance Grant
Revised 3/2020
This Memorandum of Understanding (MOU) outlines the responsibilities and protocols
for participating jurisdictions pertaining to the FY 2019 Edward Byrne Memorial Justice
Assistance Grant.
I. Participating Jurisdictions
The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial
Justice Assistance Grant are:
• City of Auburn
• City of Bellevue-declined
• City of Burien-declined
• Des Moines
• City of Federal Way
• City of Kent
• King County-declined
• City of Renton
• City of SeaTac
• City of Seattle
• City of Tukwila
II. Background and Purpose
Proposed to streamline justice funding and grant administration, the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local
governments to support a broad range of activities to prevent and control crime based
on their own local needs and conditions. JAG blends previous Byrne Formula and Local
Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to
prioritize and place justice funds where they are most needed.
111. Dis pa rate Certification
Jurisdictions certified as disparate must submit a joint application for the aggregate of
funds allocated to them, specifying the amount of funds that are to be distributed to
each of the units of local government and the purposes for which the funds will be used,
and indicating who will serve as the applicant/fiscal agent for the joint funds. The above
jurisdictions are certified as disparate.
IV . Fiscal Agent and Fund Allocation
The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint
funds. The City of Seattle will charge a 3.7% administrative fee for these services.
Page 1 of3
The allocation of funding is as follows:
Total with Subtract
INITIAL ALLOCATIONS FY19 JAG DOJ% declined% Sub-Total Admin Fee Final Totals
KING COUNTY 36,689 5.4563% 0.00% $ -$ -$ -
AUBURN CITY 33,075 4.9189% 5.59% $ 37,589 $ 1,390.79 $ 36,198
BELLEVUE CITY 14,101 2.0971% 0.00% $ -$ -$ -
BURIEN CITY 21,329 3.1720% 0.00% $ -$ -$ -
DES MOINES CITY 11,617 1.7277% 2.06% $ 13,855 $ 512.63 $ 13,342
FEDERAL WAY CITY 41,110 6.1138% 6.91% $ 46,486 $ 1,719.97 $ 44,766
KENT CITY 38,077 5.6628% 6.41% $ 43,125 $ 1,595.62 $ 41,529
RENTON CITY 31,333 4.6598% 5.30% $ 35,660 $ 1,319.43 $ 34,341
SEATAC CITY 14,779 2.1979% 2.58% $ 17,331 $ 641.24 $ 16,689
SEATTLE CITY 414,940 61.7094% 68.47% $ 460,391 $ -$ 468,235
TUKWILA CITY 15,360 2.2843% 2.67% $ 17,974 $ 665.04 $ 17,309
Total : $ 672,410 100.0000% $ 672,410 $ 7,844.71 $ 672,410
V. Project Allocations and Reporting
Participating jurisdictions are responsible for identifying their own projects for funding,
and for providing project information to the identified fiscal agent, the City of Seattle, for
purposes of submitting one joint application on behalf of all participating jurisdictions.
Upon receipt of award documents, and prior to expense of funds pertaining to the JAG
Program, the fiscal agent will enter into lnteragency Agreements with all participating
jurisdictions.
VI. Funds Remaining at End of Grant
If an agency has funds remaining that it will not spend and no extension is requested, all
parties agree that the funds will be re-obligated to Seattle within the final three months
of the grant. Notification between Seattle and the agency willing to forgo funds will
occur three months prior to the end of the period of performance.
Page 2 of3
Memorandum of Understanding
FY 2019 Edward Byrne Memorial Justice Assistance Grant
Signature Page
Jurisdiction :
Signature:
Name & Title :
Date:
Must be signed by Mayor, City Administrator or Executive
Page 3 of3
Agency: Federal Way Police Department
Contact Name: Diane Shines Contact Phone: 253 835-6854
Diane.Shines@cityoffederalway.com
FY2019 Special Conditions -see solicitation pages 10 (Required
CEO certification), 21 #13 Appendix C required answers to
..... '"s+;,..,.ns and P"',.,.,..,. ,3 yuc uu 05c L
FY 2019 JAG Purpose Areas
Permissible uses of JAG Funds -In general
In general, JAG funds awarded to a unit of local government under this FY 2019 solicitation may
be used to provide additional personnel, equipment, supplies, contractual support, training,
technical assistance, and information systems for criminal justice, including for any one or more
of the following:
• Law enforcement programs
• Prosecution and court programs
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation)
• Mental health programs and related law enforcement and corrections programs, including
behavioral programs and crisis intervention teams
Under the JAG Program, units of local government may use award funds for broadband
deployment and adoption activities as they relate to criminal justice activities .
BJA areas of emphasis (Please see full descriptions in 2019 Local Solicitation):
BJA recognizes that there are significant pressures on local criminal justice systems . In these
challenging times, shared priorities and leveraged resources can make a significant impact. As a
component of OJP, BJA intends to focus much of its work on the areas of emphasis described
below, and encourages each unit of local government recipient of an FY 2019 JAG award to join
us in addressing these challenges:
• Reducing Gun Violence
• National Incident-Based Reporting System (NIBRS}
• Officer Safety and Wellness
,. Border Securit:1
•Collaborative Prosecution
Evidence-Based Programs or Practices
OJP strongly emphasizes the use of data and evidence in policy making, program development,
1
and program implementation in criminal justice, juvenile justice, and crime victim services. OJP is
committed to:
• Improving the quantity and quality of evidence OJP generates
• Integrating evidence into program, practice, and policy decisions within OJP and the field
• Improving the translation of evidence into practice
Project Name:
1) Tasers
2) Rifle Upper Replacement
3) SECTOR Equipment and Supplies -(Printers,
Batteries, Wands, Paper)
Project Description:
Project Cost: $44,766
1) $19,339
2) $19,250
3) $6,177
3.7% Admin Fee (Seattle PD) $1,720
Total Allocation: $46,486
1) The Federal Way Police Department deploys one Taser per commissioned officer. The
Taser is an essential de-escalation tool used to effect non-lethal resolution to physical
confrontations that Officers encounter on a daily basis. There are no replacement funds
for this equipment in the primary budget.
2) All uniformed commissioned officers are required to carry a long gun in their marked police
vehicle while on duty. The Federal Way Police Department currently has many rifle uppers
that are 15 years old with many failing parts that cannot be repaired. These rifle uppers
are creating reliability and safety issues with the uniformed officers during training and real
world applications. The cost associated with the replacement of necessary parts has to
come from an already taxed equipment line item and will have a negative impact on the
budget of other essential service related items.
3) The Federal Way Police Department utilizes SECTOR, an automated collision and traffic
reporting device used by Officers. The purchase of equipment and supplies will ensure
peak performance and readiness of SECTOR devices when Officer deploy in the field.
Goals, Objectives, and Deliverables -In general, the FY 2019 JAG Program is designed to provide additional
personnel, equipment, supplies, contractual support, training, technical assistance, and information
systems for criminal justice. The JAG Local Program is designed to assist units of local government with
respect to criminal justice:
1) Objective is to maintain a serviceable resource of Tasers for commissioned Officers to
utilize while in the performance of their duties. The Taser has proven to be an effective
tool in non-lethal use of force. The outcomes will continue to be achieved and the agency
will have the opportunity to deploy the highest level of technology.
2) Objective is to maintain a reliable and serviceable long gun for commissioned Officers to
utilize while in the performance of their duties.
3) Automated mobile devices have become a common component in collision and traffic
citation reporting; deliverables include increased accuracy of real-time traffic related
incidents and reporting into regional databases systems.
2
Statement ofthe Problem -Identify the unit of local government's strategy/funding priorities for
the FY 2019 JAG funds and a description of the programs to be funded over the grant period.
Units of local government are strongly encouraged to prioritize the funding on evidence-based
projects.
1) The costs associated with the replacement of these necessary non-lethal law enforcement
tools will have to come from an already taxed equipment line item and have a negative
impact on the budget of other essential service related items or functions.
2) There is currently no funding source for the replacement of rifle uppers. Replacement of
the failing rifle uppers is needed to maintain a functional and reliable patrol rifle for
commissioned Officers to utilize in the performance of their duties.
3) To maintain optimal performance and readiness of SECTOR devices, it is necessary that
additional equipment and power supplies are available to Officers deployed out in the
field.
Project Design and Implementation -Describe the unit of local government's strategic planning process, if
any, that guides its priorities and funding strategy. This should include a description of how the local
community is engaged in the planning process and the data and analysis utilized to support the plan; it
should identify the stakeholders currently participating in the strategic planning process, the gaps in the
needed resources for criminal justice purposes, and how JAG funds will be coordinated with State and
related justice funds:
1) The laser has proven to be an effective non-lethal tool protecting Officers and more
importantly causing less injury than traditional hands-on methods. The laser continues to
evolve and improve and the department continues to explore all opportunities to identify
and utilized funds available to purchase needed equipment.
2) The long gun (patrol rifle) has proven to be an efficient and effective weapon for
commissioned Officers to utilize in the performance of their duties. The Federal Way
Police Department continues to explore opportunities to identify and utilize funds available
for the purchase of replacement parts for the patrol rifle.
3) The Federal Way Police Department is exploring and will continue to explore all
opportunities to find and utilize funds available to purchase needed SECTOR equipment.
Capabilities and Competencies -Describe any additional strategic planning/coordination efforts
in which the units of local government participates with other criminal justice criminal/juvenile
justice agencies in the State: N/A
3
Plan for Collecting the Data Required for this Solicitation's Performance Measures-
BJA does not require applicants to submit performance measures data with their application.
Performance measures are included as an alert that BJA will require successful applicants to
submit specific data as part of their reporting requirements. For the application, applicants
should indicate an understanding of these requirements and provide the applicant's plan for
collection of performance measures that pertain to their proposed program: Record of overtime
costs and officer activity reports are maintained.
1) Tasers are a standard department issue to all commissioned staff, and mandatory training
is conducted annually. During normal officer inspection the equipment will be audited for
readiness. By policy, all uses of force are documented and reviewed through the office of
professional standards. This ensures that the Taser is being properly deployed and utilized
as the objective is stated.
2) A long gun is standard department-issued equipment for uniformed police officers
assigned to a police vehicle while on-duty. The Federal Way Police Department Force
Training Unit is responsible for training, maintaining records, and auditing all approved
firearms for readiness.
3) The use of SECTOR devices are monitored by Operations and IT staff for effectiveness and
functionality. IT and Operations staff will ensure the SECTOR equipment and supplies are
being utilized and maintained appropriately.
Applicants must identify between 1 and 5 Project Identifiers that would be associated with
proposed project activities.
• Less than Lethal
• Equipment -Tactical
• Equipment -General
BUDGET:
Budget Worksheet: Please use Attached Budget Worksheet Template
Budget Narrative: The Budget Narrative should thoroughly and clearly describe every category of
expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be
complete, cost effective, and allowable (e.g ., reasonable, allocable, and necessary for project
activities). This narrative should include a full description of all costs, including administrative
costs (if applicable).
An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness
of award expenditures. Budget narratives should generally describe cost effectiveness in relation
to potential alternatives and the goals of the project. For example, a budget narrative should
detail why planned in-person meetings are necessary, or how technology and collaboration with
4
outside organizations could be used to reduce costs, without compromising quality.
The Budget Narrative should be mathematically sound and correspond clearly with the
information and figures provided in the Budget Detail Worksheet. The narrative should explain
how the applicant estimated and calculated all costs, and how those costs are necessary to the
completion of the proposed project. The narrative may include tables for clarification purposes,
but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget
Narrative should describe costs by year.
Please indicate the project's compliance with federal grant criteria and briefly explain any
affirmative responses.
No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose
areas, however, JAG funds cannot be used directly or indirectly for security enhancements or
equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may
JAG funds be used directly or indirectly to provide for any of the following matters unless BJA
certifies that extraordinary and exigent circumstances exist, making them essential to the
maintenance of public safety and good order:
• Vehicles, vessels, or aircraft
• Luxury items
• Real estate
• Construction projects, other than penal or correctional institutions
• Any similar matters
Is there anything in your project that could be interpreted as inconsistent with this requirement?
No.
Federal funds must be used to supplement existing funds for program activities and cannot
replace or supplant non federal funds that have been appropriated for the same purpose
Is there anything in your project that could be interpreted as inconsistent with this requirement?
No.
5
Applicant Disclosure of Pending Applications
Applicants are to disclose whether they have pending applications for federally funded grants or
subgrants (including cooperative agreements) that include requests for funding to support the
same project being proposed under this solicitation and will cover the identical cost items
outlined in the budget narrative and worksheet in the application under this solicitation. The
disclosure should include both direct applications for federal funding (e.g ., applications to federal
agencies) and indirect applications for such funding (e .g., applications to state agencies that will
subaward federal funds).
OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging
multiple funding sources in a complementary manner to implement comprehensive programs or
projects is encouraged and is not seen as inappropriate duplication.
Applicants that have pending applications as described above are to provide the following
information about pending applications submitted within the last 12 months :
-the federal or state funding agency
-the solicitation name/project name
-the point of contact information at the appl icable funding agency .
Please use table below for any pending applications :
Federal or State Funding
Agency"
None
Solicitation Name/Project Name/Phone/E-mail for
Name Point of Contact at
Funding Agency
6
King County
Community Corrections Population Characteristics Data Project
IA, Personnel
Name/Position Computation Hrly Rate Hours Cost
ITOTAL: $01
IB, Fringe Benefits
Name/Position Computation Cost
!TOTAL: $01
lC, Travel/Training I
Purpose Location Item Computation Cost
ITOTAL: $0.001
lD, Equipment
Item Computation Cost
Tasers $19,339 $19,339.00
Rifle Uppers $19,250 $19,250.00
SECTOR Equ£pment and Supplies $6,177 $6,177.00
!TOTAL: $44,7661
lE, Supplies
Supply Items Computation Cost
ITOTAL: $0.001
lG, Consultants/Contracts
King County
Community Corrections Population Characteristics Data Project
Name of Contract/Consultant Computation Cost
ITOTAL: so.001
!GRAND TOTAL: $44,7661
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#: 5d
SUBJECT: SW 356m ST PRESERVATION PROJECT 85% DESIGN ST A TUS AND AUTHORIZATION TO BID
POLICY QUESTION: Should the City Council authorize staff to complete design and bid the SW 356th Street
Preservation Project and return to the LUTC and Council for b id award, further reports, and authorization?
COMMITTEE: Land Use and Transportation
CATEGORY:
IZ! Consent
D City Council Business
STAFF REPORT BY: John Mulke
D Ordinance
D Resolution
MEETING DATE: July 6, 2020
• •
Public Hearing
Other
DEPT: Public Works
Attachments: 1. Land Use and Transportation Committee memorandum dated July 6, 2020.
Options Considered:
1. Authorize staff to complete the design and bid the SW 356th Street Preservation Project and return to the
LUTC and Council for bid award, 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 July 21, 2020 City Council
Consent Agenda for ap roval.
DIRECTOR APPROV ~L: ';' _,,_ --~
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to th e July 21, 2020 consent agenda for approval.
V; o-. V, c-l-eo C-4> () £ere \I"\ .i::..e.. l/1a,_ vic(e.,.c..ell\fereV\cc:: (~'o--v,·Jeo CDl(){c.revice.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "/ move to authorize staff to complete design and bid the SW 356th Street
Preservation Project and return to the LUTC and Council.for bid award, further reports, and authorization ."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (orcli11 an ces only)
REVISED -4/2 0 I 9
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
MEMORANDUM
July 6, 2020
City Council Members
Jim Ferrell, Mayor
i.,f ~v ------"" ~,.-EJ Walsh, P.E., Public Works Director · :.5-z-~·~-
John Mulkey, P.E., Senior Capital Engineer
SW 356th Street Preservation Project 85% Design Status Report and
Authorization to bid
Financial Impacts:
The cost to the City for the SW 356th Street Preservation Project was included within the
approved budget under the Public Works Capital Project #215. In accordance with the
approved budget, this item is funded by a grant from FHW A in the amount of $810,000.00
and the remainder from REET and MVET funds. Upon completion of the SW 356th Street
Preservation Project, no other costs are anticipated. Funding requirements for operations and
maintenance of infrastructure is reviewed and adjusted as required during the budget process .
Background Information:
Under the 2018 Puget Sound Regional Council (PSRC) King County Preservation Program (Federal
Funds) Competition the City was awarded Grant funding for the overlay and ADA retrofit of SW 356th
Street (15th Ave SW to 4th Pl. SW).
The following provides a brief synopsis of the progress on the project to date. Currently, the
project design is approximately 30% complete, which includes the following completed tasks :
• Topographic Survey
• Project Design to 85%
• Preliminary Contract Specifications
• Environmental Document approval
Ongoing Tasks Include:
• Project Design to 100%
• Contract Specifications to 100%
• Plans to 100%
Rev 7/18
PROJECT ESTThlATED EXPENDITURES:
Design (by City staff)
2021 Construction Cost
10% Constmction Contingency
Construction Management (by City staff)
TOT AL PROJECT COSTS
AVAILABLE FUNDING:
FHW A. Grant (Federal)
MVET Funds (Motor Vehicle Excise Tax)
REET Funds (Real Estate Excise Tax)
TOTAL A YAU.ABLE BUDGET
FUNDING SUMMARY:
Total Project Costs
Total Available Funding
PROJECT BUDGET SHORTFALL
$100,000
$1,190,000
$119,000
$60,800
$1,469,800
$810,000
$500,000
$74,000
$1,384,000
$1,469,800
$1,384,000
$85,800
After receiving bids, the total project costs will be refined and presented to the Committee and Council
for bid award authorization. Staff anticipates bidding this project in September.2020. Constmction is
anticipated to start in Spring 2021 with an estimated substantial completion date in Summer 2021.
Rev. 7/18
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#.:
SUBJECT: SW 320TH ST PRESERVATION PROJECT 85% DESIGN STATUS AND AUTHORIZATION TO BID
Se
POLICY QUESTION: Should the City Council authorize staff to complete design and bid the SW 320 th Street
Preservation Project and return to the LUTC and Council for bid award, further reports, and authorization?
COMMITTEE: Land Use and Transportation MEETING DATE: July 6, 2020
CATEGORY:
� Consent
D City Council Business
D Ordinance
D Resolution
□□ Public Hearing
Other
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated July 6, 2020.
Options Considered:
1.Authorize staff to complete the design and bid the SW 320th Street Preservation Project and return to theLUTC and Council for bid award, 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 July 21, 2020 City Council
Consent Agenda for apf:!roval. --· MAYOR APPROV,�?-'.:Z-,.!.!;,1�-45:£::.=--,,,, �r;L.���;L..5.0-:::!_ DIRECTOR APPROVAL: ,,_ -�
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 21, 2020 consent agenda for approval.
V\ o- vi J<.o UV\.fe.r� ""'(:. -c:._
Committee Chair v,'CA. v ,-J � '° u V'\:fe<"��c:. ✓t c,... v �-J -ca 6t>V'l+(:'.revtCc.
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to complete design and bid the SW 320th Street
Preservation Project and return to the L UTC and Council.for bid award, further reports, and authorization. "
(BELOW TO BE CO,1fPLETED BY CITY CLERK'S OFFICE/
COUNCIL ACTION: □APPROVED□DENIED□TABLED/DEFERRED/NO ACTION□MOVED TO SECOND READING (ordinances only)
REVISED-4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
STAFF REPORT BY: John Mulke,._y~, P_._E~.,~S_e_n_io_r_C_a~p_it_a_l _E_n..,g,1_·n_e_er ________________ _
t <.,;o m1fnt11..">1:
Initial/Date
Coun ci V -
lnitial/Date
,.,
DATE: July 6, 2020
CITY OF FEDERAL WAY
MEMORANDUM
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director ,,, :.--. ~:-:;
John Mulkey, P.E., Senior Capital Engineer
SUBJECT: SW 320th Street Preservation Project 85% Design Status Report and
Authorization to bid
Financial Impacts:
The cost to the City for the SW 320 th Street Preservation Project was included within the
approved budget under the Public Works Capital Project #214. In accordance with the
approved budget, this item is funded by a grant from FHW A in the amount of $518,020.00
and the remainder by MVET funds. Upon completion of the SW 320 th Street Preservation
Project, no other costs are anticipated. Funding requirements for operations and maintenance
of infrastructure is reviewed and adjusted as required during the budget process.
Background Information:
Under the recent contingency funding process, Puget Sound Regional Council (PRSC) King County
Preservation Program (Federal Funds) were awarded to the overlay and ADA retrofit of SW 320th
Street (11th Ave SW to 3rd Pl. SW).
The following provides a brief synopsis of the progress on the project to date. Currently, the
project design is approximately 85% complete, which includes the following completed tasks:
• Project Design to 85%
• Preliminary Contract Specifications
• Environmental Document approval
Ongoing Tasks Include:
• Project Design to l 00%
• Contract Specifications to 100%
• Plans to I 00%
Rev. 7/18
PROJECT ESTIMATED EXPENDITURES:
Design (by City stajj)
2021 Construction Cost
10% Construction Contingency
Construction Management (by City stajj)
TOTAL PROJECT COSTS
AVAILABLE FUNDING:
Federal Grant
Motor Vehicle Fuel Tax
TOTAL AVAILABLE BUDGET
FUNDING SUMMARY:
Total Project Costs
Total Available Funding
PROJECT BUDGET SHORTFALL
$49,000
$788,000
$78,000
$62,000
$977,000
$518 ,020
$401,000 (FY 2021)
$919,020
$977,000
$919,020
$57,980
After receiving bids, the total project costs will be refined and presented to the Committee and Council
for bid award authorization. Staff anticipates bidding this project in September of 2020. Construction
is anticipated to start in Spring 2021 with an estimated substantial completion date in Summer 2021.
Rev. 7/18
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#:
SUBJECT: GREENWAY PAVEMENT MARKINGS PHASE I (2020) PROJECT -BID AW ARD
5£
POLICY QUESTION: Should City Council award the Greenway Pavement Markings Phase I (2020) Project to
the lowest responsive, responsible bidder'!
CATEGORY:
~ Consent
D City Council Business
D Ordinance
D Resolution
MEETINGDATE: Jut\./ u,,WW
• •
Public Hearing
Other
STAFF REPORT BY: Naveen Chandra, P.E., Senior Capital Engineer NG DEPT: Public Works
Attachments: Staff Report & Bid Tabulation
Options Considered:
1. Award the Greenway Pavement Markings Phase I (2020) Project to Apply-A-Line, LLC the lowest
responsive, responsible bidder, up to the amount of $107,930.00 and approve a ten percent contingency
of$10,793.00 for a total amount of $118,723.00 and authorize the Mayor to execute the contract.
2. Reject all bids for the Greenway Pavement Markings Phase I (2020) Project and direct staff to rebid the
ro·ect and return to Committee for further action.
MAYOR'S RECOM~LE
DIRECTOR APPROVAL: ------Initial/Date
COMMITTEE RECOMMENDATION: J move to forward Option 1 to the July 21, 2020 consent agenda for approval.
V,c,... v~J.-eo c..e>v-,.-(~r::-V'('..c::: ✓ib--v\·J~o C.CV1.fc::,C"1AC....,_ 1/t-v,'d.-,:-o <::.:>nfu-eV\.C.~
Mark Koppang, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member
1. PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Greenway Pavement Markings
Phase I (2020) Project to Apply-A-Line, LLC the lowest responsive, responsible bidder, up to the
amount of $107,930.00, and approve a ten percent contingency of $10,793.00 for a total amount of
$118,723 .00 and authorize the Mayor to execute the contract."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFTCE)
COUNCIL ACTION:
0 APPROVED
• DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances onM
REVISED -2/2020
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
SUBJECT:
July 6, 2020
CITY OF FEDERAL WAY
MEMORANDUM
Land Use & Transportation Committee
Jim Ferrell, Mayor
E .J. Walsh, P.E., Public Works Director ' · · fg,.,.._
Naveen Chandra, P.E., Senior Capital Engineer Ne
Greenway Pavement Markings Phase I (2020) Project -Bid Results
Financial Impacts:
This project was included and is projected to be completed within the approved budget under capital
project #220. In accordance with the approved budget this project is funded by fuel tax revenue. 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.
Background Information:
This project will install wayfinding signs and markings throughout the City directed at bicyclists, but
which can also be used by pedestrians. As identified in the Bicycle and Pedestrian Master Plan which
was adopted by City Council in 2012, the intent of the greenway concept is to encourage people who are
interested in bicycling and walking for transportation, but intimidated by the roadway environment. It is
estimated that 55% of Federal Way residents fall into this category. By addressing roadway conflicts,
designating routes utilizing low-volume, low-speed streets, and making minor roadway improvements, it
is hoped that the community will come to utilize these routes and feel safe in doing so. The Greenway
Project will be completed in three phases due to budget constraints .. The installations of signs are being
performed by King County. The subject project includes installation of pavement markings for Phase I
portion of the Greenway Project.
One (1) quote was received on June 25, 2020 for the Greenway Pavement Markings Phase I (2020)
Project. Please see attached Bid Tabulation Summary. Staff recommends awarding the project to
APPLY-A-LINE, LLC the lowest responsive, responsible bidder with a total quote of $107,930.00.
ESTIMATED EXPENDITURES:
Greenway Pavement Markings Phase I (2020) Project-Construction
10% Construction Contingency
Greenway Pavement Markings Phase I (2020) Project-CM (10%)
Design (To Date)
Signs Fabrication (All Phases)
Signs Installation (All Phases)
Signs Installation -CM (10%)
Total Project Costs
AVAILABLE FUNDING:
Capital Project # 220 Funds
Total Project Costs
$107,930.00
$10,793.00
$25,000.00
$46,277.00
$40,000.00
$70,000.00
$20,000.00
$ 320,000.00
$ 320,000.00
$ 320,000.00
Rev . 10/201 9
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS
ITEM#: 5g
POLICY QUESTION: Should the City Council authorize staff to submit the proposed grant applications for
transportation projects?
COMMITTEE: Land Use and Transportation
CATEGORY:
!ZI Consent
D City Council Business
D Ordinance
D Resolution
MEETING DATE: July 6, 2020
• •
Public Hearing
Other
STAFF REPORT BY : Desiree Winkler!.. P_.E_._,_, D_e.__u_t..,_D_1_· re_c_t _or ______ D_E_P_T _: Pu_b_l_ic_W_o_r_ks _____ _
Attachments: Land Use and Transportation Committee memorandum dated July 6 , 2020 .
Options Considered:
1. Authorize staff to submit the proposed grant applications for transportation projects.
2 . Do not authorize staff to submit the ro osed grant ap lications and rovide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
0 DIRECTOR APPROVAL: ':' Y=-E.~;
Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward Option I to the July 21, 2020 Council consent agenda for
approval. "
✓\ c,.. \/ic.l-'?e, tp V'l{ep::""c -
Mark Koppang, Committee Chair
'W ,' o.. \/ i'd. e o C!...cP \/I(~ rc::v\.:::: e. V ,·c,...__ 11, c! ~"' ~ V\ f..-,-c:: "'cc:.
Hoang Tran, Committee
Member
Martin Moore, Committee
Member
PROPOSED COUNCIL MOTION: I authorize staff to submit the proposed grant applications for transportation
projects.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
July 6, 2020
City Council
CITY OF FEDERAL WAY
MEMORANDUM
Jim Ferrell, Mayor
f.t-,1 "(/'--~ ~:
EJ Walsh, P.E., Public Works Director --~.--T
Desiree S. Winkler, P.E., Deputy Public Works Director
SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS
FINANCIAL IMP ACTS:
The match for the projects is proposed to be funded from the 2021-2024 capital transportation funding
(Fund 306) 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 Comprehensive Plan projects and concluded that the
following projects will likely be competitive in the WA State Transportation Improvement Board (TIB)
Urban Arterial Program.
Project (Funding Phase) I Estimated Project I Possible Grant
I
Estimated City
Grant Cost Funds Match
S 288th Street -Pacific Hwy S to 34th Ave S -Bike and Pedestrian Improvements
(Design and Construction)
Bicycle and Pedestrian Program
I
$2,500,000
I
$1,700,000
I
$800,000
(Federal Funds)
COUNCIL MEETING DATE: July 21, 2020 ITEM #: __ 6_a_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUBLIC HEARING: REGARDING EXTENSION OF INTERIM ZONING REGULA TIO NS
FOR A 6-MONTH PERIOD UNTIL REVIEW OF NEW FEDERAL RULES ARE COMPLETED.
POLICY QUESTION: NIA
COMMITTEE: NI A
CATEGORY:
D Consent
D City Council Business
0 Ordinance
0 Resolution
STAFF REPORT BY: Desiree' S. Winkler, P.E., Deputy Director
Attachments: 1. Staff Report
2. Ordinance
COMMITTEE RECOMMENDATION: NIA
Committee Chair Committee Member
PROPOSED COUNCIL MOTION(S): NI A
MEETING DATE: NIA
C8J
•
Public Hearing
Other
DEPT: Public Works
Committee Member
(BELOW TO BE COMPLET_ED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinan ces only/
REVISED-11/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
July 6, 2020
City Council
CITY OF FEDERAL WAY
MEMORANDUM
Jim Ferrell, Mayor ,. , --~ --F-,
EJ Walsh, P.E. Public Works Director · f ___ :~.::-
Desiree' Winkler, P.E. Deputy Public Works Director
SUBJECT: Six Month Extension of Interim Small Wireless Zoning Regulations and Development
Guideline
FINANCIAL IMPACTS:
There are no financial impacts to the City at this time.
BACKGROUND INFORMATION:
In January 2019, Ordinance No. 19-862 was enacted as interim code in part to address the
requirements of the Federal Communications Commission ("FCC") regarding zoning regulations
for telecommunication facilities. These regulations stemmed from the Regulatory Ruling, Order,
and Regulation 85 FCC 51867 ("FCC Order") imposes limitations on the processing of all permits
associated with the deployment of small wireless facilities. The FCC Order has been subject to
multiple appeals, which have been consolidated before the Federal Ninth Circuit Court of Appeals.
Oral argument for this matter was heard in February 2020 with the Declaratory Ruling and Notice
of Proposed Rulemaking ("FCC Rules") issued in June 10, 2020.
City Council is being asked to approve an extension of the previously adopted interim zoning
ordinance, Ordinance No. 19-862, to delay adoption of permanent small wireless regulations until
staff have an opportunity to review and incorporate the new "FCC Rules" enacted June 10, 2020.
The City's current interim zoning ordinance lapses on July 9, 2020; therefore, for the ordinance to
go into immediate effect and close the gap in the regulations, Council must pass the emergency
ordinance with a majority plus one of the whole membership of the Council.
ORDINANCE NO. __ _
AN ORDINANCE of the City of Federal Way, Washington, relating
to the adoption and extension of interim land use regulations and
official controls pursuant to RCW 35A.63.220 and RCW 36. 70A.390
to control the provision of telecommunications facilities within the
City, which were adopted pursuant to Ordinance No. 19-862.
(Amending Ordinance Nos. 19-862, 18-850; 15-804; 15-797; 13-754;
11-700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43 and 19-862).
WHEREAS, the City of Federal Way has the authority to adopt interim land use
regulations pursuant to RCW 35A.63.220; and
WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was amended
pursuant to Ordinance 19-862 adopting interim zoning regulation regarding telecommunications
facilities effective January 9, 2019; and
WHEREAS, the Federal Communications Commission ("FCC") adopted a Regulatory
Ruling, Order, and Regulation 85 FCC 51867 ("FCC Order") governing small wireless facilities
that impose limitations on the processing of all permits associated with the deployment of small
wireless facilities; and
WHEREAS, the FCC Order requires the City to adopt aesthetic standards for such
deployments and to utilize a consolidated process emphasizing administrative review in order to
comply with federal safe harbors or presumptively reasonable time limits for review; and
WHEREAS, Ordinance No. 19-862 was enacted in part to address the requirements of
FCC regulatory orders; and
WHEREAS, the Federal Order imposed significant constraints on the exercise of local
authority as well as procedural requirements; and
WHEREAS, the FCC Order has been the subject of multiple appeals consolidated before
the Federal Ninth Circuit Court of Appeals; and
Ordinance No. 20-Page I of 4
Rev2/19 LU
WHEREAS, FCC issued its Declaratory Ruling and Notice of Proposed Rulemaking
(RM-11849) ("FCC Rules") on June 10, 2020 further addressing local agencies abilities to
regulate small wireless facility design and modifications; and
WHEREAS, The City's adoption of interim regulations provides a structural framework
and aesthetic standards for wireless communication facilities; and
WHEREAS, the City Council deems it to be in the public interest to delay final
consideration of its interim regulations until further review can be completed of the recent "FCC
Rules"; and
WHEREAS, RCW 36. 70A.390 permits the City to extend the interim regulations for
additional six-month periods if a subsequent public hearing is held; and
WHEREAS, a public hearing was held before the City Council on July 21, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
ection l. Findings of Fact. For the Findings of Fact required pursuant to RCW
35A.63.220 and 36.70A.390, the City Council hereby adopts the recitals set forth above.
Section 2. Ordinance Extension. Ordinance 19-862 is hereby extended for an additional
six months effective July 9, 2020.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Ordinance No. 20-Page 2 of 4
Rev 2/19 LU
Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. The Council finds that this interim regulation is for a public
emergency, necessary for the protection of public health, public safety, public property, or the
public peace, and for the immediate support of City government, and is not subject to initiative
or referendum pursuant to Chapter 1.30 FWRC. This ordinance shall be retroactively effective
on July 9. 2020, and be in full force immediately upon adoption.
PASSED by the City Council of the City of Federal Way this ____ day of
---------, 20 .
Ordinance No. 20-
[Signature page follows]
Page3 o/4
Rev 2/19 LU
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-__ Page 4 of 4
Rev 2/19 LU
ITEM#: 7a COUNCIL MEETING DATE: July 21, 2020 --------------------'=====-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPROVAL OF 2020-2021 COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL
UNION N 0. 117 REPRESENTING FEDERAL WAY POLICE COMMANDERS.
POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective
Bargaining Agreement with Teamsters Local No . 117?
COMMITTEE: N I A
CATEGORY:
D Consent
[gl City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: J. R an C al l,.fili'Attome
Attachments: 1. Staff Report
MEETING DATE: NIA
• •
Public Hearing
Other
DEPT: Law
2. Proposed 2020-2021 Collective Bargaining Agreement.
Options Considered:
1. Approve the proposed Agreement
2. Do not approve proposed Agreement and direct staff to continue negotiations.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: NIA -------Committee
Initial/Date
COMMITTEE RECOMMENDATION: NIA
Committee Chair
DIRECTOR APPROVAL: Jgc. ::t-f,,1 /zoz..o
I ni t in I/Date
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of th e proposed 2020-2021 Collective Bargaining
Agreement with Teamsters Local Union No. 117. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION :
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE:
TO:
VIA:
FROM:
July 21, 2020
CITY OF FEDERAL WAY
MEMORANDUM
City Council Members
Jim Ferrell, Mayor
J. Ryan Call, City Attorney ~
SUBJECT: 2020-2021 Police Commanders CBA
The City and the Union began negotiations after the formation of the new bargaining unit
this year. This is the first collective bargaining agreement with Teamsters 117
representing the FWPD Commanders. The Commanders have ratified the proposed 2020-
2021 collective bargaining agreement attached.
Financial Impacts:
The increased cost to the City of this contract was included within the presented FY2020
budget adjustment at $40,000 per year. The ongoing cost of the contract will be included in
the 2021-22 budget cycle. The costs of the contract include:
• 1 % wage increase effective 1/7/2020
• 2% wage increase effective 7/1/2020
• 1 % wage increase effective 1/1/2021
• 2% wage increase effective 7/1/2021
• Match employees Deferred Compensation contribution
o Maximum of 1 % of employee's base rate of pay, effective upon ratification.
o Maximum of2% of employees base rate of pay, effective 1/1/2021
Background lnfonuation:
The Commanders , through their Union representative, and the City's negotiating team
have worked to come to a mutually agreeable agreement. The wages to be paid the
Commanders mirror those already agreed to with the City's Police Guild and Lieutenants'
union.
In addition to the wage increases and Deferred Compensation contributions detailed
above, the parties negotiated the following terms:
Rev. 7/18
• The City will process a payment to the Teamsters Retirees' Welfare Trust from
each member on a monthly basis to be paid out of union members' salaries. The
City will not be responsible for the administration of the benefit.
• 20 hours of executive leave per year with a maximum of 40 hours to be banked
• Management and Union Responsibilities generally
• Documented the "status quo" on topics such as:
o Holidays entitlement and rules consistent with other City employees
o Vacation accrual and rules
o Sick Leave accrual and rules
o Family care and Bereavement Leave rules
o A one-time bonus for completion of middle management and executive
level certificates from CJTC
o Hours of Work
o Health Benefits consistent with other City employees
o Maintenance of an HRA VEBA plan to be paid for by the employee
o Take home car policies
o Dry-cleaning at City expense consistent with other police officers
o Clothing allowances
o Leave for Jury Duty
o Lay-off policies
o Disciplinary investigation standards
o Grievance procedures
o Drug-testing policies
Mayor Recommendation: Approve the proposed CBA with the Teamsters Local Union
No. 117 representing the FWPD Police Commanders.
Rev . 7/18
AGREEMENT
Between
City of Federal Way
And
Teamsters Local Union No. 117
Affiliated with the
International Brotherhood of Teamsters
Representing the Police Commanders
Term of Agreement
January 7, 2020 -December 31, 2021
City of Federal Way (Police Commanders)
TABLE OF CONTENTS
City of Federal Way (Police Commanders)
ARTICLE PAGE ARTICLE
NO.
Disciplinary Investigations ------------------------19 ---------13
Drug Testing ------------------· ----------------------------------24 --16
Duration ----------------------------------------------27 ---------19
Executive Leave ----------------13 --------------8
Grievance Procedure ------------------------------20 ---------------14
Holidays ------------------------4 ---------------3
Hours of Work ----------------------------------------13 --------------7
Management Responsibilities ---------3 -----------2
Medical, Dental, and Life Insurance Programs ------------------------14 ----------------9
Miscellaneous -------------------------16 ---------------10
Non-Discrimination ------------------------------23 ----------------15
Prohibited Practices --------------------------------19 ----------------11
Reduction in Force ---------------------------------------19 ----------------12
Savings Clause -------------------------------------------27 ----------------18
Seniority ---------------------------27 ----------------17
Sick Leave -----------·--------------------------7
Union Recognition and Membership ----------------------------2
Va cation ---------------------------------------------------------------------------6
Wage Rates --------12
Appendix A -Wages -----------------29
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City of Federal Way (Police Commanders)
AGREEMENT
PREAMBLE: Teamsters Local Union No. 117 ("Union") and the City of Federal Way ("City")
mutually recognize the importance of ensuring the highest level of public service. The parties
agree that it is of paramount importance that they constantly and vigilantly work to further this
goal. The parties are dedicated to provide the best possible police protection to the citizens
of Federal Way, and have entered into this collective bargaining agreement (the
"Agreement") in a spirit of cooperation and collaboration in an effort to further this goal.
ARTICLE 1 -UNION RECOGNITION AND MEMBERSHIP
Section 1. Recognition
The City recognizes the Union as the exclusive bargaining representative for all employees ·
in the bargaining unit as certified by the Public Employment Relations Commission.
Section 2. Union Membership
All employees whose classification or job title is included in Article 1, Section 1 of this
Agreement may voluntarily join the Union as a member.
Section 3. Dues Deduction
Upon receipt of written authorization individually signed by a bargaining unit employee, the
City shall deduct from the pay of such employee the amount of dues and fees as certified by
the Union and shall transmit the same to the Union within five business days of the issuance
of pay checks. Such authorization shall be terminable upon the employee providing both the
City and the Union 30 days' written notice.
Section 4. List of Employe.es
The City will transmit to the Union a current listing of all employees in the bargaining unit
within thirty (30) days of request for same but not to exceed twice per calendar year. Such
list shall include the name of the employee, position, and salary.
Section 5. Voluntary Deductions
The Employer agrees to deduct from the wages of any employee who is a member of the
Union a Teamsters Legal Defense Fund deduction as provided for in a written authorization.
Such authorization must be executed by the employee and may be revoked by the employee
at any time by giving written notice to both the Employer and the Union. The beginning and/or
termination of this deduction will coincide with the payroll cycle. The Employer agrees to remit
any deductions made pursuant to this provision to the Union together with a report showing:
1. Employee name
2. Personnel number
3. Amount deducted
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City of Federal Way (Police Commanders)
The parties agree this Section satisfies the Employer's obligations and provides for the
deduction authorized under Section 1 (6) of RCW 41.04.230.
Section 6. Hold Harmless
The Union will indemnify and save the City harmless from all suits, actions, and claims
against the City or persons acting on behalf of the City whether for damages, compensation
or a combination thereof, arising out of the City's faithful compliance with the terms of this
Article. In the event of any suit or proceeding brought to invalidate this Article, the Union will
actively defend the suit or action. However, in the event any determination is made by the
highest court having jurisdiction that this Article is invalid, the Union shall be solely
responsible for any reimbursement.
ARTICLE 2 -MANAGEMENT RESPONSIBILITIES
Section 1. The Union recognizes the right of the City to operate and manage its
affairs in all respects in accordance with its lawful authority. The City retains the authority
that the City has not expressly delegated or modified by this Agreement.
Section 2. Management rights and responsibilities shall include, but are not
limited to, the following examples:
1. The City and the Department shall retain all rights and authority to which by law they are
entitled.
2. The City shall have the authority to organize and reorganize the operations within the
Department.
3. The Union recognizes the right of the Department to enforce the Department Rules and
Regulations, and operational procedures and guidelines.
4. The City has the exclusive right to schedule work and overtime work as required in the
manner most advantageous to the City, consistent with the applicable provisions of this
Agreement.
5. The City has the right to assess an employee's performance of their job.
6 . The City has the right to:
a. discipline, suspend, and discharge non-probationary employees for just cause.
Scheduling of disciplinary days off will be at the convenience of Department
operations .
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City of Federal Way (Police Commanders)
b. to demote probationary employees for any reason. Employees who are demoted
before completing their probationary period shall not have access to the grievance
procedures of this Agreement to protest or challenge the demotion, or the reasons
therefor.
c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees.
d. to lay off employees for lack of work or funds or other legitimate reasons.
7. The City has the right to determine business hours, to determine the starting and quitting
times, and to discontinue work that would be wasteful or unproductive.
8. The City has the right to control the Police Department budget.
9. The City has the right to determine the methods, location, means and processes by which
work shall be accomplished .
10. The City shall have the right to take any and all actions necessary in the event of an
emergency.
11. The City has the right to make work assignments, including moving work from the
Lieutenant unit into this unit, and work from this unit into the Lieutenant unit.
Section 3. The parties recognize the City may perceive a need to make
operational changes in areas that are not covered by the above management responsibilities .
In the event the City desires to make such a change in a mandatory subject of bargaining,
the City shall give the Union at least ten (10) days' notice of the desired change. The Union
may request bargaining of the issue, and the City thereafter will meet with the Union in an
effort to resolve the issue. Should resolution not be achieved, either party may request the
assistance of a PERC mediator. If mediation is unsuccessful within thirty (30) after a mediator
is assigned, the issue will expeditiously be taken to interest arbitration pursuant to the
standards contained in RCW 41.56.
ARTICLE 3 -HOLIDAYS
Section 1. Observed Holidays
Beginning January 1 each year, the City shall bank (provide) one hundred sixteen (116) hours
of holiday pay for each bargaining unit employee for the following observed holidays:
Commonly Called
First day of January New Year's Day
Third Monday of January Martin Luther Kinq Day
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City of Federal Way (Police Commanders)
Third Monday of February President's Day
Last Monday of May Memorial Day
Fourth day of July Independence Day
First Monday of September Labor Day
11th Day of November Veteran's Day
Fourth Thursday of November Thanksqiving Day
Friday following the fourth Day after Thanksgiving
Thursday in November
25th day of December Christmas Day
2 Floating Holiday
For employees hired after January 1st in a given year, the City may prorate the hours to be
banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying
the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g ., for an
employee hired on March 1st , fifty-six (56) hours calculated by multiplying the number of
holidays remaining to be celebrated in that year [seven (7)] by eight (8) hours); provided that
the City shall not be required to bank hours for floating holidays for any employee hired on
or after July 1st during the employee's year of hire. Floating holidays are use or lose , will not
be carried forward or cashed out if an employee permanently leaves the service of the
employer. If an employee permanently leaves the service of the employer before December
31 st of any given year, the City may deduct banked hours credited to the employee's holiday
pay bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination occu rs prior
to July 1st of that year. The additional 20 holiday hours will not be prorated, but will be a lump
sum added at the beginning of the calendar year or upon commencement of employment.
Section 2 . Use of Banked Holiday Hours
All employees shall make reasonable efforts to expend their banked holiday hours prior to
the end of each year (December 31 ). Employees may use their banked holiday hours in
increments no smaller than two hours, and shall use all banked holiday hours prior to using
any vacation hours. Banked holiday hours shall be used on a first earned , first out (FIFO)
basis .
In the event an employee does not use all of their banked holiday hours prior to December
31, the employee will forfeit the remaining banked holiday hours, except that an employee
may carryover unused banked holiday hours until June 30 of the following year, if:
a. the employee makes a reasonable effort to use their banked holiday hours/pay, the
employee is denied the opportunity to use banked holiday hours/pay by their
supervisor, and the employee has written documentation of said effort in the form of
completed Department leave request forms reflecting that the use of banked holiday
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City of Federal Way (Police Commanders)
hours/pay had been denied by the employee's supervisor, and/or
b. the employee was prevented from using banked holiday hours/pay because of
approved leave resulting from military service, long term disability, work related injury,
or a similar reason.
The City shall track employee use of banked holiday hours and, upon request, the City shall
provide employees and the Union with annual reports in October of each year reflecting the
amount of banked holiday hours/pay for each bargaining unit employee.
ARTICLE 4 -VACATION
Section 1. Vacation Accrual
Union members shall accrue vacation benefits while in pay status, based upon their years
with the city, as indicated in the following table:
Full Years of Service Annual Leave in Hours
Through end of Year 5 96
Upon beginning of Year 6 132
Upon beginninq of Year 11 150
Upon beginning of Year 16 180
Upon beginning of Year 21 204
Upon beQinninq of Year 26 220
In the event the City agrees to a more favorable schedule with the Police Guild, the
Commanders may, upon notice to the City, have such schedule made applicable to them as
well.
Section 2. Accrual
Employees shall accrue vacation benefits on a semi-monthly basis, consistent with the City's
payroll periods. Part time regular employees shall accrue vacation leave in accordance with
the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates
shall be prorated to reflect their normally scheduled work week.
Section 3. Vacation Increments
Vacation may be used in two-hour increments at the discretion of the Chief or their appointed
designee.
Section 4. Paymen t Upon Death
In cases of separation by death, payment of unused vacation benefits shall be made to the
employee's estate, or in applicable cases, as provided by RCW, Title 11.
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City of Federal Way (Police Commanders)
Section 5. Forfeiture of Vacation
The maximum total vacation accrual is two times the employee's annual accrual rate.
All employees shall use all of their excess vacation accrual prior to December 31st, or forfeit
the excess, provided, an employee's total vacation accrual may exceed the maximum stated
herein, upon request and with approval of the Department and the Mayor, if cyclical
workloads, work assignments or other reasons as may be in the best interests of the City
prevent the City from scheduling the vacation.
Employees who leave City employment for any reason will be paid for their unused vacation
up to the maximum specified herein, except that employees who become disabled in the line
of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their
account at the time of the termination of their employment. Any employee who voluntarily
leaves the department and does not give the City two weeks' notice shall forfeit all unused
vacation, unless such notice is not reasonably possible.
Section 6. Vacation Scheduling
If the City cancels vacation once it has been approved and the affected employee has
incurred non-refundable expenses in planning for the same, the employee shall be
reimbursed by the City for those expenses. Any employee called back to duty once vacation
has begun shall be reimbursed for any additional transportation costs incurred in returning to
duty.
Section 7. Vacation Cash Out
Annually, each employee may elect to cash out forty (40) hours of accrued vacation . An
employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR
no later than November 1. Payment for those employees electing to cash out forty (40) hours
of accrued vacation shall be made on the first pay check in December.
ARTICLE 5 ~ SICK LEAVE
Section 1. LEOFF
Sick leave benefits are accrued by employees based on their eligibility to participate in either
the LEOFF I or LEOFF II systems.
a. LEOFF I employees shall receive temporary disability payments in accordance with
state law.
b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up
to a maximum of 1,040 hours.
Section 2. Sick Leave Usage
Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee
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City of Federal Way (Police Commanders)
is unable to work due to personal illness or injury, enforced quarantine in accordance with
community health regulations , or the serious injury or illness of an child of the employee with
a health condition that requires treatment or supervision, or for a spouse, domestic partner,
parent, parent-in-law, or grandparent of the employee who has a serious health condition or
an emergency condition as more particularly established in Chapter 296-130 of the
Washington Administrative Code (WAC). Sick leave benefits may be used in one half-hour
increments.
Section 3. Washington Paid Sick Leave
Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington Administrative
Code (WAC) and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is
available to Union members to care for their health and the health of their family members.
Washington Paid Sick Leave may be used for: an employee's mental or physical illness,
injury or health condition; preventive care such as medical, dental or optical appointments
and/or treatment; care of a family member with an illness, injury health condition and/or
preventive care such as a medical , dental, optical appointment; closure of the employee's
place of business or child's school/place of care by order of a public official for any health-
related reasons; and when the employee or the employee's family member is a victim of
domestic violence, sexual assault, or stalking.
Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or
stalking includes: seeking legal or law enforcement assistance or remedies to ensure the
health and safety of employee's and their family members including, but not limited to,
preparing for, or participating in, any civil or criminal legal proceeding related to or derived
from domestic violence, sexual assault or stalking; seeking treatment by a health care
provider for physical or mental injuries caused by domestic violence, sexual assault, or
stalking; attending health care treatment for a victim who is the employee's family member;
obtaining, or assisting the employee's family member(s) in obtaining, services from a
domestic violence shelter, a rape crisis center, or a social services program for relief from
domestic violence, sexual assault or stalking; obtaining, or assisting a family member in
obtaining, mental health counseling related to an incident of domestic violence, sexual
assault or stalking in which the employee or the employee's family member was a victim of
domestic violence, sexual assault or stalking; and, participating, for the employee or for the
employee's family member(s), in safety planning, or temporary or permanent relocation, or
other actions to increase the safety from future incidents of domestic violence, sexual assault,
or stalking.
For purposes of Washington Paid Sick Leave, "family member" is defined as: a biological,
adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis
or legal guardian, or is a de facto parent, regardless of age or dependency status; a
biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee
or the employee's spouse or domestic partner, or a person who stood in loco parentis when
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City of Federal Way (Police Commanders)
the employee was a minor child; a spouse, domestic partner, grandparent, grandchild or
sibling .
Accrual
As established by law, an employee shall accrue one (1) hour of Washington Paid Sick Leave
for every forty (40) hours worked. Washington Paid Sick Leave will accrue in conjunction
with regular sick leave according to the collective bargaining agreement.
Carry Forward
The total sick leave hours that will be carried forward at year-end, for both standard sick leave
and Washington Paid Sick Leave, will be one thousand eighty (1,080) hours. This will include
a maximum of forty (40) hours of Washington Paid Sick Leave as provided by law. If an
employee is not at the maximum carry forward of one thousand eighty (1,080) hours, any
hours of Washington Paid Sick Leave in excess of the forty (40) hour carry forward amount
will be transferred to the City sick leave bank, so that the employee does not lose hours that
they previously would have banked prior to the establishment of Washington Paid Sick
Leave. In no case will more than a combined total of one thousand eighty (1,080) hours be
carried forward.
Verification of Absences Exceeding Three Days
If an employee is seeking to use or has used Washington paid Sick Leave for authorized
purposes or more than three (3) consecutive days during which the employee is/was required
to work, the employee may be required to provide documentation that establishes or confirms
that the use of paid sick leave is for an authorized purpose.
Reinstateme nt of Em ploy ment
Employees separating or retiring from employment will not be provided with financial or other
reimbursement for unused, accrued Washington State Paid Sick Leave. If an employee
leaves employment and is rehired within twelve (12) months of separation, any accrued,
unused paid sick leave will be reinstated to the employee's paid sick leave bank. Should the
reinstatement occur in a new fiscal year, the maximum bank will be the forty (40) hours carry
over provided that the employee had forty (40) or more hours banked upon separation.
Retaliation Prohibited
Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against ctn
employee for lawful exercise of paid sick leave rights is prohibited. Employees will not be
disciplined for the lawful use of Washington Paid Sick Leave.
Section 4 . Sick Leave Payment at Time of Retirement
a. LEOFF Retirement
Upon retirement into LEOFF 11, the City agrees to pay twenty-five percent (25%) of an
employee's unused accrued sick leave hours and unused accrued Washington paid Sick
Leave hours at the employee's current hourly rate with a cap of two hundred seventy (270)
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hours. See HRA VEBA Article 9, Section 3b.
b. Death in the Line of Duty
City of Federal Way (Police Commanders)
The City agrees to pay one hundred percent (100%) of an employee's unused accrued sick
leave hours and unused accrued Washington Paid Sick Leave hours at the employee's
current hourly rate when death occurs in the line of duty.
Section 5. Industrial Insurance Leave
If the state grants industrial insurance benefits, the Commander will remain fully
compensated under the City's "kept on salary" program ("Program"). The Program will
continue the full salary without deducting any leave for thirty (30) days. In the event the
Commander cannot return to work on the thirty-first (31 st) day, the Commander would
become eligible for time loss.
Unless otherwise required by State law, the procedure for workers' compensation time loss
payment/reimbursement will be as follows:
State Industrial Insurance will pay time loss compensation according to a set formula based
on marital status and number of dependents. Commanders cannot use sick leave and
receive worker's compensation at the same time, because this results in "double payment".
Commanders must use the time loss money from worker's compensation to "buy back" the
sick leave used. "Buy back" for vacation leave is optional. Since worker's compensation
only pays a percentage of full wages, a Commander can only "buy back" a percentage of the
leave used with that money, however, the Commander will not suffer the income loss that
occurs when they only receive worker's compensation benefits. When an employee receives
a worker's compensation time loss check, they should turn the check over to payroll. Based
upon the Commander's hourly rate and the amount of worker's compensation time loss
received, payroll will determine the amount of leave to be bought back. Payroll will notify the
Commander when all available sick leave and/or vacation leave has been used, and then the
employee will keep additional worker's compensation time loss payments until they are able
to return to work. The City will continue to pay its portion of health insurance premiums for
up to a total of six 6) months while a Commander is on "kept on salary" and subsequently
receiving workers' compensation time loss payment.
A Commander who has been away from work due to an injury may not return to work without
a written statement from the appropriate medical personnel stating the Commander is able
to resume their job duties, or specifying limits on duties which can be performed.
Section 6. Family Care and Death
a. Bereavement Leave
Regular, full time employees shall be entitled to three (3) days (30 hours) of bereavement
leave due to death of a member of the employee's immediate family or domestic partner.
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Regular, full time employees, who have exhausted their bereavement leave, shall be entitled
to use sick leave in the amount of up to three (3) days (30 hours) when death occurs to a
member of the employee's immediate family or domestic partner. Upon approval by the Chief
of Police, an additional twenty (20) hours of sick leave may be used by the employee when
death occurs to a member of the employee 's immediate family or domestic partner.
b. Family Care Leave
Employees may use sick leave for family care purposes in accordance with state law and the
City's Employee Guideline.
c. Immediate Family
Immediate family is construed to mean persons related by blood or marriage to an employee
as follows: grandmother, grandfather, mother, father, step parents, husband, wife, son,
daughter, step children, legally adopted child, brother, sister, and grandchildren.
Section 7. Statement of Physician
The City may reasonably require a physician's statement for the purpose of assuring that
sick leave benefits are being used in conformance with this article, to verify that a commander
has been released to return to duty, and for FMLA related compliance.
Section 8. Fitness for Duty
The City may require that an employee take a fitness for duty examination when the City has
reasonable doubt that the employee can perform the essential functions of the job.
Section 9. Federal Way Community Center Membership
Union members will be eligible to participate in the Federal Way Community Center's
employee discount program as outlined in the Employee Guidelines.
Section 10. FMLA Leave
For purposes of determining the twelve (12) week leave period provided by the FMLA, such
period shall run concurrent with the employee's accrued paid leave period. The amount of
leave available for use is based upon a rolling twelve (12) month period .
Section 11. Domestic Partner Requirements
In order to constitute a domestic partner under this agreement an employee must sign an
affidavit stating that both parties are:
a. Not related by blood closer than would bar marriage in Washington State.
b. Not married to another or in any other domestic/civil partnership.
c. 18 years of age.
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d. Competent to contract when the domestic partnership began.
e . Declare each other's sole domestic partner.
f. Currently share primary residence/mutual support/intend indefinitely.
g. Have an intimate, committed , and exclus ive relationship .
h. Of the same sex and/or opposite sex and responsible for each other's common
welfare.
Section 12. Domestic Partner Benefits
A person whom a Commander identifies as his or her domestic partner by completing an
Affidavit of Domestic Partner will be provided the same consideration as an employee's
"spouse" for purposes of this agreement.
Section 13. Al ternate Duty/Ea rly Return to Work
The City recognizes the value of trained commanders and, therefore, offers the Alternate
Duty/Early Return to Work Program in accordance with the Employee Guidelines to all injured
employees, whether injured on-duty or off. The City will work in good faith with the attending
physician to return the employee to work as soon as possible or to provide alternative work
for a maximum of six months. If, at the expiration of the six months, the attending physician
determines that the employee will be able to perform the essential functions or duties of the
job within a reasonable time period , the City will continue to work with the commander to
provide reasonable accommodation .
ARTICLE 6 -W A GE RA TES
Section 1. Wages
Historically, wage increases for the commissioned employees of the Police Department have
been consistent to provide stability and avoid potential compression and the parties agree to
maintain this approach going forward. The wage adjustments 2020 are retroactive to
January 7, 2020, and apply to currently employed Commanders as of the date of ratification.
Wage rate shall be as specified in Appendix A.
Section 2. Supervisory T ra ining Incentive
A Commander who has not previously been paid by the City for obtaining a middle
management certificate from the CJTC will be eligible for a one-time payment of $250 upon
completion of the middle management certificate and will also be eligible for an additional
one-time payment of $250 upon completion of the executive level certificate from the CJTC.
A Commander who has not previously been paid by the City for obtaining an executive level
certificate from the CJTC will be eligible for a one-time payment of $250 upon completion of
the executive level certificate from the CJTC.
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City of Federal Way (Police Commanders)
Section 3. Command Duty Officer Pay
Effective the first pay period following ratification of the Agreement, commanders shall
continue to receive an additional five (5) percent of the top step wage rate per month.
ARTICLE 7 -HOURS OF WORK
Section 1. Work Shifts
The Commanders will continue to work a 4/10 schedule . Shift starting hours will be
determined from time to time by the City.
Section 2. Rotating Schedule
Commanders may be placed on a rotating, COO schedule . The schedule and procedures
for assigning commanders to COO duties will be consistent with current practice.
ARTICLE 8 -EXECUTIVE LEAVE
Section 1. It is recognized that employees will be required to spend additional
time over and above their regular work week engaged in activities for the City. Since the
employees are exempt from FLSA overtime, the parties agree that each member of the
bargaining unit shall receive executive leave time each year.
Section 2. Banked Leave
Upon ratification and beginning January 1 each year, the City shall bank (provide)
twenty (20) hours of executive pay for each bargaining unit employee, prorated for new
employees of the unit by mutiplying 0.83333 per pay period for the remaining pay periods in
the year following date or promotion/hire. Maximum carry forward from year to year is 40
hours any hours above forty (40) will be forfeited at the end of the year.
Section 3. Executive Leave Cash Out
Annually, each employee may elect to cash out twenty (20) hours of
executive leave. An employee electing to cash out twenty (20) hours of executive leave must
provide notice to HR no later than November 1. Payment for those employees electing to
cash out twenty (20) hours of executive leave shall be made on the first pay check in
December.
Section 4. Separation of Employment
If an employee permanently leaves the service of the employer before December
3P1 of any given year, the City may deduct banked hours credited to the employee's
executive leave bank equal to the number of pay periods remaining in the year multiplied by
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City of Federal Way (Police Commanders)
0 .83333 per pay period and cash out the balance up to the maximum of forty (40) hours.
It is understood that this Agreement shall be interpreted and applied in a manner,
which will ensure, to the fullest extent possible, the continued exempt status of Commanders.
ARTICLE 9 -MEDICAL, DENT AL, A ND LIF E INSURANCE PROGRAMS
Section 1. Health Plan
The Employer shall provide LEOFF I employees such coverage as is mandated by RCW
Chapter 41 .26, the Law Enforcement Officers and Firefighters Retirement System Laws of
1969 , as revised. For LEOFF II employees the coverage shall be as follows :
(i) Medical Plan. The Employer shall pay each month one hundred percent (100%) of
the premium necessary to purchase employee coverage and ninety percent (90%) of
the premiums necessary for the purchase of dependent coverage (excluding spouses
who are eligible for other coverage through their place of employment) under Kaiser
Permanente PPO Access or HMO insurance plans as selected by the employee. The
City will reimburse actual expenses incurred in order to cover the annual deductible
payments under the PPO Plan ($100 individual, max $300 family). There will be a
Plan A and a Plan 8 or both the PPO and HMO Plan .
(ii) In the event the City agrees in bargaining to increase the deductible reimbursement,
the change shall be applicable to the Commanders (instead of the $100/$300).
(iii) The City may add an option for a High Deductible plan.
(iv) Every year as part of the Wellness Program, a Commander and spouse/partner (if
covered under the plan) must complete the Health Screening Questionnaire, the
Biometric Screening , and participate in the City's wellness program meeting the
established criteria by October 31 of each year in order to be eligible for Plan A in the
succeeding year.
(v) Refusal to participate in the wellness program or failure to meet the wellness
requirement by a Commander and/or covered spouse/partner will result in coverage
under Plan 8, but shall not otherwise impact the status of the Commander at the City.
(vi) Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent
to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their
dependents. The Employer shall provide Group Vision Plan to the employees and
their dependents.
(vii) Other. The life insurance benefit shall be one (1) time 's annual salary to a maximum
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City of Federal Way (Police Commanders)
of $110,000. Additionally, the Employer agrees to a section 125 plan to allow for
pretax payment of employee insurance co-pays by the employee.
Section 2. Supplemental Disability Insurance
The City shall continue to provide supplemental coverage. The Union may elect to have a
LEOFF II Supplemental Disability Income Plan: In that event, the Employer shall provide for
mandatory payroll deduction for a LEOFF II disability plan selected and administered by the
Union. Participation shall be a condition of employment for all LEOFF II employees. Other
than payroll deduction, the City shall have no responsibility for administration of this benefit.
Section 3. HRA VEBA Plan
The City will maintain a HRA VEBA Plan, health reimbursement arrangement that will at a
minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection
for the group of mandatory participation as defined by the plan, (c) immediate vesting of all
contributions, (d) reimbursement of qualified out-of-pocket medical care as defined by the
IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and
(e) transfer of an account to a surviving spouse/eligible dependent for use for eligible medical
expenses upon the death of the employee . The City will not make contributions to the HRA
VEBA Plan.
a. Mandatory Employee Contribution -Effective on the first of the month following
thirty (30) days from the date of ratification and on a monthly basis thereafter, each
employee will make a mandatory twenty-five ($25.00) dollar per month pre-tax
contribution to the employee's HRA/VEBA.
b. Sick Leave Cash Out -Contributions shall include 100% of the cash-out value of all
unused sick leave accrued and available for cash-out upon retirement from services
into LEOFF to the maximum pursuant to Article 5, Section 4a.
Section 4. Teamsters Retirees' Welfare Trust
Effective on the first of the month following thirty (30) days from the date of ratification and
on a monthly basis thereafter, the City shall deduct from the employees' wages the sum of
one hundred seventy five dollars ($175.00) per month for benefits under the "RWT-XL Plan"
during the period this Collective Bargaining Agreement is in effect, the City agrees to remit
payment to the Retirees Welfare Trust, c/o NORTHWEST ADMINISTRATORS, INC., for
each employee who received compensation for eighty (80) hours or more in the previous
month. Other than payroll deduction, the City shall have no responsibility for administration
of this benefit.
Section 5. Maintenance of Benefits
The Trustees of the Washington Teamsters Welfare Trust or the Retirees Welfare Trust may
modify benefits or eligibility of any plan (i.e. for the purpose of cost containment, cost
management, or changes in medical technology and treatment). If increases are necessary
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City of Federal Way (Police Commanders)
to maintain the current benefits or eligibility, or benefits or eligibility as modified by the
Trustees during the life of the Agreement, the Employer shall pay such increases as
determined by the Trustees.
ARTICLE 10 -MISCELLANEOUS
Section 1. Take Home Cars
The City will maintain the current take home car policy/process for Commanders.
Section 2. Appearances Before the Civil Service Commission, PERC or
Labor Arbitrators
Employees who are requested by the City to attend proceedings before the Civil Service
Commission, PERC, or labor arbitration may attend without loss of pay . Employees called
solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without
loss of pay only during the time of their testimony. The parties will cooperate in scheduling
such witnesses so as to minimize any disruption to the Department.
Section 3. Union Negotiating Committee
Up to three employees who serve on the Union Negotiating Committee shall be allowed time
off from duty to attend negotiating meetings with the City.
Section 4. Union Business
The Department shall afford Union Representatives a reasonable amount of time while on-
duty to consult with appropriate management officials, and/or aggrieved employees, provided
that the Union Representatives and/or aggrieved employees contact their immediate
supervisors , indicate the general nature of the business to be conducted, and request the
necessary time off. Such time off will not be allowed whenever the City reasonably
determines it will interfere with Department operations and Union Representatives shall not
use excessive time in handling such responsibilities. The Union shall give the City as much
advance notice as reasonably possible of such time off requests.
Section 5. Bulletin Boards
The City shall permit the use of a bulletin board by the Union for the posting of notices relating
to official Union business, so long as the matters posted are not inflammatory or otherwise
detrimental to the operations of the Department.
Section 6. Damage of Pe rsonal Effects
Employees, who in the line of duty suffer damage to personal property and/or
clothing, will have same repaired or replaced at Department expense. Damage caused by
ordinary wear and tear will not be covered, and replacement will be limited to personal effects
of regular and ordinary value (i.e.-no Rolex watches).
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City of Federal Way (Police Commanders)
Section 7. Personnel Files
Employees shall have access to complete copies of their personnel files at any
reasonable time . The employee may request removal of material that they believe is erroneous
or irrelevant. If the employee does not agree with the City's decision, they may prepare a
statement responding to or supplementing the material in the file, and that statement will be
placed in the file.
Section 8. Unifor ms a nd Eq ui pme nt
All commissioned Commanders shall be furnished all required uniforms and equipment.
a . Dry-Cleaning
Uniforms shall be dry-cleaned at the City's expense as necessary .
b. Annual Allowance
All employees shall be paid an annual allowance per the schedule below for
reimbursement for expenses incurred in the purchase of job-related footwear, clothing,
and pre-approved accessories. No such payment will be rolled over to the next year in
the event an employee does not purchase job-related footwear, clothing, or accessories
during a year.
• Commanders assigned to the Criminal Investigations Section property crimes or
crimes against persons units and the Administrative Commander in Professional
Standards will be paid up to six hundred dollars ($600) per calendar year. This amount
is expected to cover the cost of clothing needed in the investigations unit (sport coats,
crime scene clothes, etc.), accessories and uniform footwear.
• All other employees will be paid up to two hundred dollars ($200) per calendar year.
This amount is expected to cover the cost of accessories, footwear, and other items
of clothing needed in uniform service.
If an employee is transferred to CIS during a calendar year, the combined total
reimbursement is capped at six hundred dollars ($600) for that year, regardless of whether
the employee used some allowance funds earlier in the year .
Employees must retain receipts of purchased items and submit the receipts collectively to
the City for reimbursement one time per calendar year at any time during the year but no
later than December 31 . The City will reimburse each employee once annually up to the
maximum allowed amount(s) as outl ined above .
As used in this Section , "accessories" include the following items. Nothing prohibits the City
and the Union from modifying this list through written agreement.
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City of Federal Way (Police Commanders)
• T-shirts (black or white)
• Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD" embroidery is optional)
• Socks (black)
• Baseball caps (with FWPD mini-patch)
• Watch cap (with FWPD mini-patch)
• Nylon web gear
• "Comfort Fit" Belt System
• Handcuffs (nickel-plate or black finish)
• Metal baton
• Mini-flashlight
• Mini-flashlight pouch/holder
• Key Holder
• Latex glove holder
• Radio earpiece
• Folding knife (no more than 4" blade length)
• Patrol bag/Carry case
• External Armor Carrier (see MOS 41.35D External Body Armor Specs)
• Suspenders for duty belt
• Holsters (must comply with department specifications for either uniform or plain
clothes on-duty use)
• Firearms (must comply with department specifications for either uniform or plain
clothes on-duty use)
• Sights for firearms (must comply with department specifications for either uniform or
plain clothes on-duty use)
Section 9. Jury Duty
An employee required by law to serve on jury duty shall continue to receive salary for up to
eighty (80) hours for each separate occasion the employee is required to serve, shall be
relieved of regular duties, and assigned to day shift for the period of time so assigned to jury
duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the
City. The City shall have the right to request the court to excuse the employee from any or
all jury duty if there are circumstances that would make the absence of the employee an
undue hardship on the City or other personnel.
When an employee is notified to serve on jury duty, they will inform their immediate
supervisor as soon as possible, but not later than two weeks in advance, regarding the dates
of absence from regular duties.
Commanders who have time remaining on their shift at the time of release or dismissal from
jury duty shall immediately contact their supervisor to determine whether they should report
for duty.
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City of Federal Way (Police Commanders)
Section 10. Defense and Indemnification
The City shall provide legal defense and indemnification pursuant to the City Code .
Section 11. Sabbatical Leave
Union members will be eligible for Sabbatical Leave as outlined in the Employee
Guidelines.
ARTICLE 11 -PROHIBITED PRACTICES
Section 1. Neither the Union nor the City shall initiate, authorize, or participate
in any strike, work stoppage, work slow-down, lock-outs, or any other organized effort that
interferes with the efficient operation of the Department.
Section 2. Employees covered by this Agreement who engage in any of the
actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be
determined , up to and including discharge and termination, by the City. The Union agrees
that the level of any such disciplinary action issued by the City shall be final and binding, and
in no case be construed as a violation by the City of any provision of this Agreement.
ARTICLE 12 -REDUCTION-IN-FORCE
Section 1. Layoff
Employee layoffs shall be made on the basis of job performance and seniority. Absent
significant and material distinctions in job performance, the employee with the least amount
of seniority shall be laid off first. Relative job performance shall be determined on the basis
of qualifications and job performance evaluations .
Section 2. Recall
Employees laid off in accordance with the prov1s1ons of this Article will be offered
reinstatement into future vacancies of the same classification in the inverse order of layoff,
for a period of one year from the date of layoff. An employee that has been laid off must
keep the City informed of their current address and phone number. An employee who fails
to report for duty within three days of being recalled (or commits to return within three days,
even though they cannot actually return for up to two calendar weeks due to the requirement
to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall
be removed from the recall list.
ARTICLE 13 -DISCIPLINARY INVESTIGATIONS
Section 1. Disciplinary Standards
No employee shall be subject to discipline except for just cause. An employee who engages
in off-duty misconduct may be subject to discipline when: (1) the off-duty misconduct, if
known, would harm the City's reputation in the community; (2) the off-duty conduct materially
Pagel 19
City of Federal Way (Police Commanders)
affects the employer's business operation; or (3) the conduct is inconsistent with the office
that the Police Commander holds.
Section 2. Disciplinary Investigations
In criminal matters, an employee shall be afforded those constitutional rights available to any
citizen. In administrative matters relating to job performance, the following guidelines shall
be follows:
a. "Interrogation" as used herein shall mean any questioning by an agent of the City who
is conducting an investigation (as opposed to a routine inquiry) of the employee being
interrogated, when the agent knows (or reasonably should know) that the questioning
could result in employee discipline.
b. Before interrogation, the employee shall be informed of the nature of the matter in
sufficient detail to reasonably apprise them of the matter. Nothing herein shall operate
as a waiver of the Union's right to request bargaining information.
c. Any interrogation of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigencies of the investigation dictate otherwise.
d. Any interrogation shall take place at the City Police Department, except when
impractical. The employee shall be advised of their right to and shall be allowed that
Union representation to the extent allowed by the law.
e. The questioning shall not be overly long and the employee shall be entitled to such
intermissions as are reasonably necessary.
f. The employee shall not be subjected to any offensive language or abusive
questioning , nor shall they be threatened with dismissal, transfer or other disciplinary
punishment as a guise to attempt to obtain their resignation.
g. The Employer shall not require any employee covered by this Agreement to take or
be subjected to a lie detector test as a condition of continued employment. Nor shall
polygraph evidence of any kind be admissible in disciplinary proceedings, except by
stipulation of the parties to this Agreement.
h. The Department may, and upon request will, tape record any interrogation. Upon
request, a copy of the tape/transcript (if made) will be provided to the Commander.
ARTICLE 14 -GRIEVANCE PROCEDURE
Section 1. Grievance Procedure Steps
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City of Federal Way (Police Commanders)
a. Any grievance that may arise between parties concerning the application, meaning, or
interpretation of this Agreement, shall be settled in the manner prescribed by this grievance
procedure .
b. A "Grievance" is defined as a claim or dispute by an employee , group of employees , or
the Union concerning the interpretation or application of the provisions of this Agreement.
Nothing in this procedure shall prohibit an employee from discussing a complaint directly with
his supervisor or department head without representation by the Union, as provided by State
Law.
c. Should a subject for claim or dispute arise, there shall be no stoppage of work by
employees, but an earnest effort shall be made to settle such claims or disputes promptly
and in the manner hereinafter outlined .
St~
An employee or a group of employees claiming to have a grievance shall discuss the
complaint with the immediate supervisor within ten (10) calendar days of the alleged
occurrence, or when they reasonably should have known of the alleged occurrence.
St~
The supervisor shall attempt informal resolution of the grievance within seven (7) calendar
days after it is presented.
St~
Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police
Chief (or designee) by the Union within seven (7) calendar days of the supervisor's response
or the expiration of the time limit in step 2 . The submission shall be in writing, setting forth
the nature of the grievance, the articles of this agreement allegedly violated, and the
requested remedy.
Step 4
The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar
days after it has been presented, and shall respond in writing.
St~
If the grievance is not settled by the Police Chief within the time allowed, it may be presented
in writing to the City Manager, with a copy to the Director of Human Resources, by the Union
within seven (7) calendar days of the Police Chiefs response or the expiration of the time
limit in step 4.
Step 6
The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not
respond or otherwise settle the grievance within the fourteen-day period , the grievance shall
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City of Federal Way (Police Commanders)
be automatically advanced to Step 7, and shall not be forfeited by either party .
Step 7
a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the
dispute will be referred to the negotiating committee of both parties. The two committees
shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent
facts and information will be reviewed in an effort to resolve the matter through conciliation.
If no satisfactory solution is reached in this step, the matter may be submitted in writing to
arbitration within 30 calendar days of the conciliation meeting.
b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written
warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days
of the date that the City Manager's review is due. Oral and written warnings may only be
grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral
or written warnings in a subsequent discipline case that is subject to arbitration, the City shall
be required to prove that it had just cause to issue those prior oral or written warnings as well
as the instant discipline.
Section 2. Arbitration Panel
The City and the Union shall try to agree upon a mutually acceptable arbiter. If the parties
fail to agree, they shall request a list of seven (7) arbiters from the Federal Mediation and
Conciliation Service, with all arbiters being members of the National Academy of Arbitrators.
The parties shall alternatively strike from the list until only one name remains. The decision
of the Arbitrator shall be final and binding on the parties.
a. The Arbitrator shall make their own rules of procedure. The Arbitrator shall have no
authority to amend, alter, or modify this Agreement or its terms, and shall limit their
decision solely to the interpretation and application of this Agreement.
b. Each grievance or dispute will be submitted separately except when the City and the
Commander Union mutually agree to have more than one grievance or dispute
submitted to the Arbitrator.
c. The losing party shall bear the expense of the Arbitrator. The losing party shall be
denominated in the award. When there is no winning party, the cost of the Arbiter
shall be borne equally by the parties. All other costs and expenses will be paid by the
party incurring them, including costs of representation.
d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an
award .
Section 3. Time Limits
Time limits will be strictly adhered to, but may be extended by mutual written agreement upon
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City of Federal Way (Police Commanders)
reasonable request, except for situations where no timely grievance is filed. While forfeiture
under this clause will finally resolve the matter in dispute, it will not establish a precedent
between the parties on issues of contractual interpretation.
Section 4. Multiple Procedures
In the case of disciplinary actions, both appealable to the Civil Service Commission and
grievable under the terms of this contract, a written election of remedies shall be made after
receipt of the Step 6 response. An employee may elect to either pursue an appeal to the
Civil Service Commission or continue with the contractual grievance procedure, but not both.
If mutually agreed, time limits will be extended to complete a reasonable investigation before
the selection of remedies is made. An appeal will be timely under the Civil Service rules if it
is filed within ten (10) days of the completion of step 6 of the grievance procedure.
Section 5. Step 3 Submission
In those instances where disciplinary action is based on reasonable evidence of the
commission of a crime, or the proposed discipline involves suspension or termination of the
employee, Step 3 of the Grievance Procedure will be initiated immediately.
Section 6. Just Cause Standard
No employee may be discharged, suspended without pay, demoted (except as provided
below) or disciplined in any way except for just cause. The City may withhold a step increase,
for a specified period of time, if it has just cause.
Section 7. Probationary Period
All newly promoted employees must serve a probationary period. The probationary period
upon promotion shall be one year from the date of appointment. The probationary period
shall be extended for the number of work days equal to the number of work days an employee
was absent in excess of 10 work days during the probationary period; provided that the taking
of scheduled and approved vacation shall not be counted toward the ten day period for
promotional probationers. The probationary period is an extension of the promotional
process; therefore, the provisions of this Article will not apply to employees if they are
demoted during the promotional probationary period for not meeting the requirements of the
classification. Grievances brought by probationary employees involving issues other than
demotion may be processed in accordance with this Article.
Section 8. Parties to the Agreement
In as much as this is an agreement between the City and the Union, no individual
employee may make use of the provisions of this Article, except as expressly provided above .
ARTICLE 15 -NONDISCRIMINATION
The Employer and the Union shall not unlawfully discriminate against any individual with
respect to compensation, terms, conditions, or privileges of employment because of race,
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City of Federal Way (Police Commanders)
color, religion, national origin, age, sex, or disability. Claims of unlawful discrimination shall
not be processed in accordance with the grievance procedure denominated herein .
The Employer and the Union agree that they will cooperate in complying with the Americans
with Disabilities Act.
ARTICLE 16 -DRUG TESTING
Section 1. Reporting to work under the influence of alcohol and/or illegal drugs,
or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will
result in disciplinary action, including immediate termination . For the purpose of this policy,
substances that require a prescription or other written approval from a licensed physician or
dentist for their use shall also be included when used other than as prescribed. Each employee
must advise the Employer if they are using prescription or other over-the-counter drugs they
know or reasonably should know may impair their ability to perform job functions and/or operate
machinery such as automobiles. Under appropriate circumstances the Employer may request
the employee to provide written medical authorization from a physician to perform various
essential job functions while using such drugs.
Any voluntary request by an employee for assistance with their own alcohol abuse
problem will remain confidential and shall not be used as the basis for any disciplinary action
provided that the request for assistance is initiated prior to being identified as impaired through
the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to
enforce the criminal laws. Moreover, the parties recognize the courts have held it would
substantially impair law enforcement agencies if they were required to employ individuals within
their ranks who have violated the very laws said agencies are charged with enforcing.
Therefore, the Employer reserves the right to refuse to employ or continue the employment of
individuals who are or have been engaged in serious criminal conduct, whether drug related or
not.
Section 2. Where a supervisory employee of the City has a reasonable suspicion
to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use
of prescription or over-the-counter drugs, or is using illegal drugs, the employee in question will
be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood
screens to identify any involvement with alcohol or such drugs.
An employee who refuses to submit to discovery testing for alcohol and/or illegal
drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for
the purpose of administering this Article, and therefore will be subject to discipline, including
immediate discharge.
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City of Federal Way (Police Commanders)
Section 3. For the purpose of administering this Article the following definition of
terms is provided:
a. Reasonable Suspicion
Reasonable suspicion is based on specific objective facts and reasonable inferences from those
facts, that discovery testing will produce evidence of a violation of this policy;
b. Underthelnfluence
In determining whether an employee is under the influence, the following cutoff levels shall be
used for the initial screening of specimens to determine whether they are negative for these
drugs or classes of drugs :
(Nanograms per milliliter) (ng/ml) Test Level
Amphetamines ................................................................................................ 1000
Barbiturates ....................................................................................................... 300
Benzodiazepines ............................................................................................... 300
Cannabinoids .................................................................................................... 100
Cocaine metabolites .......................................................................................... 300
Methadone ........................................................................................................ 300
Methaqualone .................................................................................................... 300
Opiates (Codeine) ............................................................................................. 300
Opiates (Morphine) ........................................................................................... 300
Phencyclidine (PCP) ........................................................................................... 25
Propoxyphene ................................................................................................... 300
Level of the positive result for alcohol... ..................................... 0.04 blood alcohol
c. Illegal Drugs
All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale,
purchase, transfer, or unauthorized use or possession is prohibited or restricted by law .
d. Over-the-Counter Drugs
Are those drugs that are generally available without a prescription and are limited to those drugs
that are capable of impairing the judgment of an employee to safely perform the employee's
duties .
e. Prescription Drugs
All drugs that are used in the course of medical treatment and have been prescribed and
authorized for use by a licensed practitioner/physician or dentist.
Section 4. If an employee is required to submit to a drug test, the following
procedure shall be followed:
a. The employee shall be given notice of an opportunity to confer with a Union
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City of Federal Way (Police Commanders)
representative, if one is readily available.
b. The employee shall be given an opportunity to explain the reasons for the employee's
condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances,
or any other reasons known to employee, to the test administrator. The Union
representative may be present during this discussion.
c. The Employer may request urine and/or blood samples .
d. Urine and blood samples shall be collected at a local laboratory, hospital or medical
facility. The Employer shall transport the employee to the collection site. The Employer
and/or Union representative may be allowed to accompany the employee to the
collection site and observe the bottling and sealing of the specimen. The employee shall
not be observed by the Employer when the urine specimen is given.
e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed
to safeguard their integrity (upon request, in the presence of the Employer, employee
and Union representative) and proper chain-of-custody procedures shall be followed.
f. The collection of the samples shall be performed at CHEC Medical Center and the
testing at Drug Proof, or at another collection center or laboratory mutually agreed to by
the parties. The results of such tests shall be made available to the Employer and the
Union.
g. If a specimen tests positive in an immunoassay screen test, the results must be
confirmed by a gas chromatography/mass spectrometry tests. The specimen must show
positive results at/within the following limits on the GC/MS (gas chromatography/mass
spectrometry) confirmatory test to be considered positive:
h. If immunoassay is specific for free morphine, the initial test level is 25 ng/ml.
Section 5. Confi rmato ry Test
Marijuana metabolites ................................................................................................ 15 ng/ml
Cocaine metabolites ................................................................................................. 150 ng/ml
Opiates
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine ............................................................................................................. 25 ng/ml
Amphetamines
Amphetamine ............................................................................... 500 ng/ml
Methamphetamine ....................................................................... 500 ng/ml
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City of Federal Way (Police Commanders)
Section 6. At the employee's or the Union's option, a sample of the specimen may
be requisitioned and sent to a laboratory chosen by the Union for testing . The cost of this test
will be paid by the Union or the employee. Failure to exercise this option may not be considered
as evidence in an arbitration or other proceeding concerning the drug test or its consequences.
The results of this second test shall be provided to the City.
Section 7. The employee and the Union (upon consent of the employee) shall be
informed of the results of all tests, and provided with all documentation regarding the tests as
soon as the test results are available. Such disclosure shall be in conformance with the
Americans with Disabilities Act.
Section 8. The parties designate the Medical Review Officers (MRO) provided by
AWC to review all confirmed positive test results and communicate those results to the
Employer. An MRO shall have the responsibility to determine when an individual has failed a
drug test in accordance with the standards enumerated herein. The MRO shall retain all records
of all positive tests for at least five years and records of all negative tests for at least one year.
Section 9. If the results of the drug test are positive, and support a conclusion that
the employee used an illegal drug, abused the use of a prescription or over-the-counter drug,
or reported to work while under the influence of alcohol, the employee shall be subject to
discipline, including immediate discharge.
ARTICLE 17 -SENIORITY
The term seniority as used in this Agreement will be defined as total service as a police
commander from date of promotion and/or appointment. If commanders are promoted on
the same date then the total years of service as a commissioned police officer in any state
will be utilized to determine seniority.
ARTICLE 18 -SAVINGS CLAUSE
Should any provision of this Agreement be rendered or declared invalid by reason of any
existing or subsequently enacted legislation, or by any decree of a court of competent
jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided,
however, upon such invalidation the parties agree to meet and negotiate the affected
provision(s). The remaining provisions shall remain in full force and effect.
ARTICLE 19 -DURATION
This agreement shall be effective until December 31, 2021. Except as otherwise provided by
the express terms of this Agreement, all terms and conditions of this agreement shall become
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City of Federal Way (Police Commanders)
effective on the date of signing .
DATED this __ day of ___________ , 2020.
CITY OF FEDERAL WAY TEAMSTERS LOCAL UNION NO. 117/IBT
Jim Ferrell, Mayor John Scearcy, Secreta ry-T reasu rer
Approved as to form:
City Attorney, J. Ryan Call
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City of Federal Way (Police Commanders)
APPENDIX A
WAGES
See Article 6
Effective and retroactive to January 7, 2020 a 1.0% increase .
I $9,387 I $9,809 1 $10,250 I $10.112 I $11. 194
Effective July 1, 2020 a 2.0% increase.
I $9,575 1 $10.005 1 $10,455 1 $10.926 I $11,41a
Effective January 1, 2021 a 1.0% increase.
1 $9,671 1 $10,105 I $10,560 1 $11.035 1 $11,532
Effective July 1, 2021 a 2.0% increase .
1 $9,864 1 $1 o.3o7 1 $10.111 I $11.256 1 $11 ,763
DEFERRED COMPENSATION:
1 $11.aaa
1 $12.126
I $12,241
I $12,492
Upon ratification of this agreement, the City shall maintain a qualified deferred compensation
program, requiring the City to match monthly contributions made by bargaining unit
employees up to a maximum City contribution of one (1) percent of the employee's base rate
of pay. Effective January 1, 2021 the City match will increase to a maximum of two (2)
percent of the employee's base rate of pay .
Page I 29
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Annual Pipe Rehabilitation Phase 3 (2020) Bid Award
ITEM#:
POLICY QUESTION: Should the Council award the Annual Pipe Rehabilitation Phase 3 (2020) to the
lowest responsive, responsible bidder?
COMMITTEE: n/a
CATEGORY:
D Consent
[gl City Council Business
D Ordinance
D Resolution
Attachments: 1. Memorandum dated June 30, 2020
Options Considered:
MEETING DATE: n/a
• •
Public Hearing
Other
DEPT: Public Works
7b
1. Award the Annual Pipe Rehabilitation Phase 3 (2020) project to Assorted Endeavors LLC,
the lowest responsive, responsible bidder, in the amount of $120,486 and approve a 10%
contingency of $12,049 for a total amount of$132,535 and authorize the Mayor to execute
the contract.
2. Reject all bids for the Annual Pipe Rehabilitation Phase 3 (2020) project and provide
direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the July 21, 2020 Council
Business Agenda for apl;!l>
COMMITTEE RECOMMENDATION: NIA
Mark Koppang, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "/ move to authorize staff to award the Annual Pipe Rehabilitation Phase 3
(2020) project to Assorted Endeavors LLC, the lowest responsive, responsible bidder, in the amount of
$120,486 and approve a 10% contingency of $12,049 for a total of $132,535 and authorize the Mayor to
execute the contract. "
(BELO W TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVIS E D -2/2020
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
June 30, 2020
City Council
CITY OF FEDERAL WAY
MEMORANDUM
Jim Ferrell, Mayor
FROM: BJ Walsh, P.E., Public Works D)rector'· ·---~
Jolin Cole, Capital Engineer ) . ·
SUBJECT: Annual Pipe Rehabilitation Phase 3 (2020)-BidAward
Financial Impacts:
The cost to the City for Annual Pipe Rehabilitation Phase 3 (2020) was included within the
approved budget under Fund 304, Project 288 Annual Pipe Replacement Program with a budget
of $150,000 for 2020. Upon completion of the Annual Pipe Rehabilitation Phase 3 (2020), no
other ongoing costs are anticipated as this is the replacement of existing infrastructure.
Background Information:
This project will repair deteriorated storm water pipes. These pipes were identified by the 2018
Storm Drain Closed-Circuit Television (CCTV) Inspection and Assessment project.
The 2018 Storm Drain CCTV Inspection and Assessment project started in 2018. The goal of the
project is to proactively inspect storm drain assets and identify maintenance and upgrade needs
before they cause flooding and/or other damage. The project has identified numerous
deteriorated pipes that are in need of upgrade. Phase 3 (2020) will upgrade the pipes with an
open-cut method. These pipes are not able to be upgraded through trenchless methods.
Two bids were received by June 29th, 2020 for the Annual Pipe Rehabilitation Phase 3 (2020);
please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is
Assorted Endeavors LLC, with a total bid of $120,486.
PROJECT EXPENDITURES
Engineering/Construction Management
Construction
Contingency (10%)
Total Project Cost
AVAILABLE FUNDING
Fund 304 (2020)
Total Available Funding
$17,465
$120,486
$12,049
$150,000
$150,000
$150,000
Rev. 6/2020
June 30, 2020
Annual Pipe Rehabilitation Phase 3 (2020) Page2
Staff completed a review of the low bidder including confirming licensing, bonding, and
insurance, as well as contacting references. The low bidder has successfully completed projects
of this type and size in the past.
Staff recommends awarding the Annual Pipe Rehabilitation Phase 3 (2020) project to Assorted
Endeavors LLC, the lowest responsive, responsible bidder, in the amount of $120,486.00 and
approve a 10% contingency of$12,049.00 for a total of $132,535.00 and authorize the Mayor to
execute the contract.
COUNCIL MEETING DATE: July 21, 2020 ------
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#: 8a
SUBJECT: ORDINANCE: AMEND 19.142 FWRC, FLOOD DAMAGE PREVENTION IN ORDER TO CONTINUE
PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM
POLICY QUESTION: Should the City Council amend the FWRC 19.142, Flood Damage Prevention,
COMMITTEE: Land Use and Transportation
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
MEETING DATE: July 6, 2020
• •
Public Hearing
Other
STAFF REPORT BY : Doc Hansen, Planning Manager DEPT: Community Development
Attachments: Staff Report
Ordinance
Options Considered:
l . To adopt the proposed ordinance
2 . To not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1: To adopt the proposed ordinance
MAYOR APPROVAL: ~ for
Mayor Ferrell
6-30-2020
Committee
Initial/Date
Council
Initial/Dale
DIRECTOR APPROVAL: ~
6-30-2020
fnitial/Date
COMMITTEE RECOMMENDATION: I move to fo,ward the proposed ordinance to First Reading on July 21, 2020
Council meeting
\ho... Y • 4 ~ 0 Ci> V'.'fC.,c'-"c.e
Mark Koppang, Committee Chair
PROPOSED COUNCIL MOTION(S):
Martin Moore
✓,'o--vi d ~ Cc'>v'\.tercV\~-e__
Hoan g Tran Committee ember
FIRST READING OF ORDINANCE (JULY 21): "J move to forward the proposed ordinance to the August 1 I,
2020 Council Meeting.for second reading and enactment. "
SECOND READING OF ORDINANCE (AUGUST 11): "J move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CTTY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING /ordinances 011/y )
REVISED-12/2017
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
CITY OF FEDERAL WAY
DATE:
MEMORANDUM
July 6, 2020
TO: Mark Koppang, Chair of Land Use Transportation Committee
VIA: Jim Ferrell, Mayor
Brian Davis, Community Development Director ~
FROM:
Robert "Doc" Hansen, Planning Manager ~ .....
SUBJECT: Amendments to Chapter FWRC 19.142 Regarding Flood Damage Prevention
I. FINANCIAL IMPACT
The approval of the following proposed Code amendment will not cost the City any additional
funds, and will require no transfer of general funds for the action.
II. BACKGROUND
In February, new digital maps designating the City of Federal Way's coastal area and determining
the floodplains location were adopted by Federal Emergency Management Agency (FEMA) and
the State of Washington. On February 19 ,2020, the City was sent a letter from the FEMA
regarding amendments that need to be made to FWRC 19.142 to meet to the new Federal
floodplain standards. The amendments are necessary for the City to keep flood insurance through
the National Flood Insurance Program provided by the Federal government.
Most lands considered "floodplains," or special flood hazard area (SFHA), are located on the
City's coastline according to past Floodplain Insurance Rate Maps (FIRM). The new digitized
maps to be adopted and which go into effect on August 19 th will not significantly change these
previous maps. The new language will minimally affect areas classified wider the program as VE
and AE zones under the new digital floodplain maps approved.
III. PROPOSED CHANGES TO CODE
The draft proposed code amendments are attached as Exhibit A at the end of this brief. The
amendments will mainly place more responsibility on local governments for implementation and
place greater limitation on developments in areas that have more environmental significance. In
summary, proposed amendments would:
1. Amend and add a number of definitions to the Code, many of which are designed to provide
clarity to intentions of the regulation relating to substantial improvement, meaning of new
construction, and reference to measuring water level. Manufactured Homes are identified
more specifically in a number of definitions as are historic structures for their protection.
2. Reference the effective date that new maps will be used.
3. Place more responsibility upon local agencies in approving permits and variances.
4. Require the Director to notify the Federal Insurance Administrator whenever development
may change the mean sea level on the property .
5. Provide greater distinction between the "AE" zone and the more environmental sensitive
"VE" zone as identified on the new maps by placing greater restriction to development
proposed in the "VE" zone.
6. Require manufactured home parks to be considered subdivisions in order to be considered
under flood insurance program.
IV. PLANNING COMMISSION ACTION
Per Code, the Planning Commission held a public hearing and made recommendation to the City
Council on proposed code amendments. Public Notice was made in the official newspaper on
June 15, 2020 and was posted on line. No comments were received regarding the proposal. The
Planning after public hearing and discussion unanimously agreed to pass the proposal to City
Council with recommendation for approval.
V. TIMELINE
The planned actions to amend FWRC 19 .142 are as shown below:
1. Notice of Planning Commission Public Hearing-May 29, 2020
2. SEPA DNS Notice issued-May 15, 2020
3. Planning Commission Public Hearing-June 15, 2020
4. Land Use/fransportation Committee Public Meeting -July 6, 2020
5. City Council Public Meeting 1st Reading of Ordinance -July 21, 2020
6. City Council Public Meeting 2nd Reading of Ordinance -August 11, 2020
7. Ordinance Effective -August 14, 2020
VI. MAYOR'S RECOMMENDATION
After consideration of the review of staff analysis and options available for action ( approval,
approval with modification or denial), the Mayor recommends that the proposed amendments be
approved as recommended by the Planning Commission.
Exhibit A: Amendments to FWRC 19.142 presented to Planning Commission and recommended
for approval
Exhibit A: Amendments to FWRC 19.142
Chapter 19.142
FLOOD DAMAGE PREVENTION 1
Sections:
Article I. Generally
19.142.010 Purpose .
19.142.020 Adoption of state and federal statutes and regulations .
19.142.030 Methods of reduc ing fl ood losses.
19.142.040 Definitions.
Article II. Provisions
19.142.050 General provisions.
19.142.060 Development activities subject to floodplain development permits.
19.142.070 Use of other base flood da ta (in A and V zones).
19.142.080 Information to be obtained and maintained.
19.142.090 Alteration of watercourses.
19 142 095 Notification to Other Entities Changes to floodplain Maps
19.142.100 Con diti ons for variances .
. 19.142.110 Provisions for flood hazard reduction.
19.142.120 Development Proposals, Including Manufactured Home Parks and Subdivision
proposals.
19.142.130 Review of b uild ing permits.
19.142.140 Specific standards.
19.142.150 AE and A1-30 zones with base flood elevations but no floodways.
19.142.160 Floodways .
19.142.170 Critical facility.
Article I. Generally
I 19.142.010 Purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare and
minimize public and private losses due to flood conditions in specific areas by provisions designed :
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; streets; and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard ;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
19.142.020 Adoption of state and federal statutes and
regulations.
The following state statutes and administrative regulations as currently existing and hereafter
amended are hereby adopted by this reference as if set forth in full:
(1) Chapter 86.16 RCW, Floodplain Management.
(2) 44 CFR 59.22(a).
(3) 44 CFR 60 .3(c)(1 )(d)(2).
(4)44 CFR 60.3(b)(1).
(5) 44 CFR 59.22(b)(1 ).
(6) 44 CFR 60.3(a)(2).
(Ord. No . 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-101. Formerly 16.40.020.)
19.142.030 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage;
and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or
may increase flood hazards in other areas.
19.142.040 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or
FWRC 1.05 .020 , in that order.
"Actual start of construction" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, any work beyond the stage of excavation, or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. "Actual start of construction, "for a substantial
improvement, means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
"Alteration of watercourse" means any action that will change the location of the channel occupied
by water within the banks of any portion of a riverine waterbody.
''Appeal" means a request for a review of the interpretation of any provision of this chapter or a
request for a variance.
"Area of shallow flooding" means designated as AO or AH zone on the flood insurance rate map
(FIRM). AO zones have base flood depths that range from one to three feet above the natural
ground; a clearly defined channel does not exist; the path offloading is unpredictable and
indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates
ponding, and is shown with standard base flood elevations.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always ine ludes the
letter/\ or V.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the "100-year flood"). Designated on flood lnsumnce rate maps by tile
letter A or V.
'Base flood elevatJon (BFE) mea ns the elevation to which floodwa ter 1s anticipated to rise during the
base flood.
"Basement" means any area of the building having its floor sub-grade (below ground level) on all
sides.
"Breakaway wall" means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces, without
causing damage to the elevated portion of the building or supporting foundation system.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE
orV.
"Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical
facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and
emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
"Development" means any manmade change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations,
drilling operations, or storage of equipment or materials located within the area of special flood
hazard.
"Director" means the director of the city of Federal Way community 'development department or his
or her designee.
"Elevated building" means, for insurance purposes, a nonbasement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
"Elevation certificate" means the offioial klrm (FEM/\ F=orm 81 21) an administrative tool of the
National Flood Insurance Program that can be used to track development, provide elevation
information necessary to ensure compliance wilh community floodplain management ordinanees ,
aM to determine the proper insurance premium rate, with Section B completed by Federal Wa y. and
to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision -Based on
Fill (LOMR-F).
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the
adopted floodplain management regulations.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source .
(3) Mudslides (I.e .. mudfiows) wh ich are proximately caused bv nood l ng as defined in (a)(2) of this
definition and are akin to a river of liquid and flowi ng mud on the surfaces of normally drv land areas.
as when earth is carried by a current of water and d eposited along the path of the curren t.
(b) The collapse or subsidence of land along the shore of a lake or other bodv of water as a
resu l t of erosion or undermin ing caused by waves o r currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusual ly high water level in a natura l body of water,
accompanied by a severe storm. or by an unanticipated force of nature, such as flash f lood o r
an abnormal tidal surge . or bv some similarly unusual and unforeseeable event which results in
flooding as defined in (a)(1) of this definition .
"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance
Administratitffior has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study (FIS)" means an examination evaluation a nd determination of flood hazards
and if appropriate, correspond 1na water surface elevations , or an examination. evaluat10n and
determination of mudslide (i.e .. mudflow) and/or flood-related erosion hazards . Also known as a
Flood Elevation Study-the official report pro•.,ided by the Federal Insurance Administration that
includes flood profiles , the flood boundary floodway-mop , and the 'Nater surface elevation of the
base flood.
"Floodplain or flood-prone area "means any land area susceptible to being i nundated by water from
any source . See 'Flood or flooding "
''Floodplain management reoulations '' means zonma ordinances, subdIvIs1on regulations, building
codes, health regu l ations, special purposes ordinances (such as floodp lain ordinance . grading
ord inance and erosion control ordinance) and other appl ications of pohce power_ The term descnbes
such state or local regu lations, in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction
"Flood proofing" means any combination of structura l and nonstructural additions . changes , or
adjustments to structur·es which reduce or eliminate risk of flood damage to real estate or i moroved
real property, water and sanitary facilities . st ructures . and their contents Flood proofed structures
are those tha t have the structura l lntegnty and design to be impervious to floodwater below the Base
Flood Elevation
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot a designated heIghl A lso known as a Reg u latory Floodway".
"Functionallv dependent use" means a use which cannot perform its intended purpose unless it is
located or earned out in close prox1m1ty lo water. The tem1 includes only docking facilities , oort
facilities that are necessary for the loading and unloading of cargo or passengers. and ship building
and ship repair fac1!1tles . and does not include long tenn storaae or related manufacturing facllitres .
''Highest adiacent grade " means the highest natural elevation of the ground surface prior to
construction next lo lhe proposed walls of a structure.
"Historic structure" means any structure Lhal is:
1) Listed individually in the National Reg ister of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secreta ry of the Interior as
meeting the reqw rements for individual listin g on the National Register, or
2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical s ignificance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district: o r
3) Individually listed on a state inventory of historic p laces in states with h istoric
preservation prog rams which have been a pp roved by the Secretary of Interior: or
4) Individually listed on a local inventory of historic places in co m munities with historic
preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the Interior, or
b) D irectly by the Secretary of the Interior in states without approved programs.
"Lowest floor" means the lowest enclosed area (including basement), except that where an
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is built in compliance with the applicable non-
elevation design requirements of FWRC 19.142.140(1 )(b), the next lowest enclosed area is the
lowest floor.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities, but does not include a recreational vehicle.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
"Mean Sea Level "means for purposes of the Nat rona! Flood Insurance Program. the vertical datum
to which Base Flood Elevations shown on a commurnty's Flood Insurance Rate Map are referenced
"New construction" means for th e purposes of determ ining insurance rates, structures for which the
"start of construction " commen ced o n o r after th e effective date of an initial Flood Insurance Rate
Map o r after December 31. 1974 , w hichever is late r. and includes any s ubsequent improvements to
such structures For floodplain management purposes. "new construction " means structures for
which the "start of construct1011" commenced on or after the effective date of a floodplain
management reaulat1on adooted bv a community and includes any subsequent improvements to
such structures . for which the start of construction commenced on or after the effeel:i~•e dale of ~he
ordmance codified in this chapter.
"New manufactured home park or subdivision " means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the effective date of adopted
floodplain management regulations.
"Recreational vehicle" means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use .
"Start of construction " includes substantial improvement, and means the date the building permit was
issued , where the actual start of construction , repair , reconstruction, placement or other
improvement occurs within 180 days of the permit date . See also "actual start of construction."
"Structure" means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground , as well as a manufactured home .
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any improvement of a structure , including any repair or
reconstruction , rehabilitation . addition . or other improvement of a structure WRere the cost of which
the impro\/ement equals or exceeds 50 percent of the market value of the structure either before the
1mpro'.'ement is started or , If the structure has been damaged and is being restored , bef-ore the
damage ooeurred.
Substantial improvement does not mcluoc : "Start of Construction " means the improvement of
structures which have incurre d "subs1ant1al damage . regardless of the actual repa ir work
perforrned The term does not, however include either:
(a) any project for improvement of a structure to correct pre-cited existing violations of state or
local health, sanitary, or safety code specifications which have been previously identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(b) any alteration of a "historic structure " that precludes the structure 's continued designation as
a "historic structure" li-o-ted on the Natmnal Register of Historic Places or a State 1m,entor1 of
Historie Places .
Substantial 1mpro,..cment begins 1n1hm1 the first •Iteration of any wall. ceiUng , floor , or oltter structural
part of the building eommenccs , whether or not that alteration affects the e*ternal d1menrnons of the
structure.
"Variance" means a grant of relief from the requirements of this chapter that permits construction in a
manner that would otherwise be prohibited by this chapter.
"Violation " means the failure of a structure or othe r deve!ooment to be fully compliant with the
community's nood plain management regulations . A structure or olher development without the
elevation certificate, other certifications . or other evidence of compliance required in this ordinance is
presumed lo be in violation until such lime as that documentation is provided .
"Water-dependent" means a structure for commerce or industry that cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Article II. Provisions
19.142.050 General provisions.
(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within the
jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance
AdministratteAor in a scientific and engineering report entitled "The Flood Insurance Study for King
County, Washington and Incorporated Areas" dated May 16, 1995 August 19, 2020 , and any
revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto,
are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study
and the FIRM are on file at Federal Way City Hall. The best available information for flood hazard
area identification as outlined in FWRC 19 .142.070 shall be the basis for regulation until a new FIRM
is issued that incorporates data utilized under FWRC 19.142.070 .
(2) Penalties for noncompliance. No structure or land shall hereafter b-e constructed , located ,
extended, converted , or altered Any person responsible for constructing localing, extending,
converting. or altering a structure or land without full compliance with the terms of this chapter and
other applicable regulations shall be sub1ect to civil enforcement penalties under FWRC 1.15 .
(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition which
constitutes or contributes to an immediate and emergent threat to the public health, safety or welfare
or to the environment, the director may summarily and without prior notice abate the condition.
Notice of such abatement, including the reason for it, shall be given to the person responsible.for the
violation as soon as reasonably possible after abatement. The costs·of such summary abatement
shall be recoverable via procedures for recovery of abatement costs as set forth in
Chapter 1 .15 FWRC, Civil Enforcement of Code .
(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased
by manmade or natural causes. This chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from flooding or flood damages. This
chapter shall not create liability on the part of Federal Way, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made hereunder.
19.142.060 Development activities subject to floodplain
development permits.
(1) Floodplain development permit required. A floodplain development permit shall be obtained
before construction or development begins within any area of special flood hazard established in
FWRC 19.142 .050 (1 ). The permit shall be for all structures including manufactured homes, as set
forth in FWRC 19.1 42.040 , and for all development including fill and other activities, also as set forth
in FWRC 19.142.040.
(2) Nondevelopment activities. The following aActivities that do not meet the definition of
"developfflent'' 1n this chapter are allowed in the regulatory floodplain without the need for a
floodplain development permit under this chapter, provided all other federal, state, and local
requirements are met. The following are examples of activities not considered development or
manmade changes to improved or unimproved real estate:
(a) Routine maintenance of landscaping that does not involve grading, excavation, or filling;
(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with
native vegetation;
(c) Normal maintenance of structures, such as reroofing and replacing siding, as long as such
work does not qualify as a substantial improvement;
(d) Normal maintenance of above ground public utilities and facilities, such as replacing
downed power lines;
(e) Normal street and road maintenance, including filling potholes, repaving, and installing
signs and traffic signals, but not including expansion of paved areas; and
(f) Normal maintenance of a levee or other flood control facility prescribed in the operations
and maintenance plan for the levee or flood control facility.
(3) Other activities. All other activities not described in subsection (2) of this section are allowed, as
long as a floodplain development permit is approved, and, if required, as long as such activities meet
all the other requirements of this chapter and the other provisions of the FWRC.
(4) Application for floodplain development permit in the AE zone . Application for a floodplain
development permit shall be made and will include, but not be limited to, plans in duplicate drawn to
scale showing the nature , location , dimensions, and elevations of the area in question, existing or
proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing .
Specifically, the following information is required:
(a) Proposed eelevatlon in relation to mean sea level, of the lowest floor (including basement)
of all structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B
completed by the city of Federal Way building official;
(b) Proposed Eelevation in relation to mean sea level to which any structure has been will be
flood proofed;
(c) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet flood proofing criteria in FWRC 19 .142.140(2);
(d) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
(5) Application for development permit for Zone VE . Application for a floodplain development permit
shall be made and will include, but not be limited to, plans in dupl icate drawn to scale showing the
nature. location. dim ensions . and e levations of the area In auestion. existing or proposed structures,
fill. storage of materials, dtainaae facilities. and the location of the foreaoIng . Specifically, the
following informati on is requ i red :
(a) Proposed elevation in relation to mean sea level of the bottom of the lowest structural
member of the lowest floor {excluding pilings and columns) of all structures. and whether
such structures contain a basement;
(b) Base Flood El evation data for subd1v1s10n proposals or other development, including
manufaclured home parks or subd 1v is1ons . greater than 50 lots or 5 acres. whichever is lhe
lesser; and
(c) Descriotlon of the extent to w t1lch any watercourse wll l be altered or relocated as a result
of proposed development
(efU Designation of the local administrator. The director or designee is hereby appointed to
administe ri aft6 implemen t and enforce this chapter by granting or denying development permit
applications in accordance with its provisions. The director shall:
(a) Review all development applications to determine that the requirements of this chapter
have been satisfied;
(b) Review all development applications to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior approval is
required; and
(c) Review all development applications to determine if the proposed development is located in
the floodway. If located in the floodway, assure that the encroachment provisions of
FWRC 19.142.160(1) are met.
(GI) Project requirements. If the project is located in the regulatory floodplain and includes activities
not listed in subsection (2) of this section, the application shall include a habitat impact assessment
completed by a professional biologist. If that assessment determines that impacts upon the habitat
would result from the project, the application shall also include a habitat mitigation plan. The habitat
assessment and the habitat mitigation plan shall be performed as described in FEMA's Regional
Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, 2013, and
any revisions thereto.
(+t) Third-party review. For any habitat impact assessment or habitat mitigation plan, the city may
require a third-party review. Third-party review requires the applicant's habitat impact assessment,
habitat mitigation plan, and/or additional technical studies to be reviewed by an independent third
party, paid for by the applicant, but hired by the city. Third-party review shall be conducted by a
qualified consultant as defined in the Floodplain Habitat Assessment and Mitigation Regional
Guidance, FEMA Region X, 2010, and any revisions thereto.
19.142.070 Use of other base flood data (in A and V zones).
When base flood elevation data has not been provided (in A or V zones) in accordance with
FWRC 19.142.050(1 ), the director shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to administer
FWRC 19.142.140, Specific standards, and FWRC 19.142.160, Floodways.
19.142.080 Information to be obtained and maintained.
(1) Where base flood elevation data is provided through the FIS, FIRM, or required as in
FWRC 19.142.070 , the applicant shall obtain and record the actual (as-built) elevation (in relation to
mean sea level) of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement and provide such information to the
director or designee on a current FEMA elevation certificate (FEMA Form 81-31 ). Section B will be
completed by the city.
(2) For all new or substantially improved floodproofed nonresidential structures where base flood
elevation data is provided through the FIS, FIRM, or as required in FWRC 19.142.070 , the applicant
shall obtain and record the elevation (in relation to mean sea level) to which the structure was
floodproofed and provide such information to the city. The city shall maintain the floodproofing
certifications required in FWRC 19.142.060 (2)(c).
(3) The city shall maintain for public inspection all records pertaining to the provisions of this chapter.
19.142.090 Alteration of watercourses.
The city shall notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal Insurance
AdministratteAor and shall fe€fHtre assure that maintenance 1s prev1ded w1thm the altered or
relocated portion of smd watercourse so that the flood carl)'IAg eapae1ty 1s not d1m1111shed the
carry ing -capac ity of the alte red or relocated portion of said watercourse is maintained .
19.142.095. Notification to Other Entities Changes to Floodplain Maps
Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding
conditions. As soon as practicable, but not later th an six months after the date such information
becomes avallab le, the Director shall notify the Federal Insurance Adm1n1strator of the changes by
s.ubm1ttmq technical or scientific data in accordance with Volun1e 44 Code of Federal Regulations
Section 65 .3. Such a submission Is necessary so that u pon confim1at1on of those physical changes
affecting floodina conditions . risk premium rates and floodplain management requirements will be
based upon current data .
The Director shall notify the Fed eral Insurance Administrator in writing of acguls1t ion by means of
annexation, incorporation or otherw ise , of addttional areas of Iurisdiction .
19.142.100 Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be issued
is for new construction and substantial improvements to be erected on a small or irregularly shaped
lot one-half acre or less In size contiguous to and surrounded by lots with existing structures
constructed below the base flood level. As the lot s ize increases the technical justification required
for issuing the variance increases.
(2) Variances shall not be issued within a designated floodway if any increase in flood levels during
the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(4) Variances shall only be issued upon :
(a) A showing of good and sufficient cause ;
(b} A determination that failure to grant the variance would result in exceptional hardship to the
applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public, or conflict with other existing laws or ordinances.
(5) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in nature
and do not pertain to the structure, its inhabitants, economic or financial circumstances . They
primarily address small lots in densely populated residential neighborhoods. As such, variances from
flood elevations should be quite rare.
(6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of flood proofing than watertight or dry floodproofing, where it can be determined that
such action will have low damage potential, complies with all other variance criteria except
subsection (1) of this section and otherwise complies with FWRC 19.142.110(1) and (3),
and 19.142.120.
(7) Any applicant to whom a variance is granted shall be given written notice over the signature of
the Director that the permitted issuance of a varia nce to construct a structure will be built with its
lowest floor below the base flood elevation will re sult in increased premium rates for flood insurance
up to amounts as high as $25 for every $100 of insurance coverage and that such construction
below th e BFE increases risks to life and property and that the cost of flood 1nsurance will-be
commensurate with the increasca---P.-Sk-.
(8) The D i rector shall maintain a record of all variance action s. including justification for their
issuance.
(9 ) The Di rector sl1all cond i tion the varia nce as needed to ensure that the re auirements a nd criteria
of this chapter are met.
19.142.110 Provisions for flood hazard reduction.
In all areas of special flood hazards, the following standards are required :
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulUnq from hydrodynamic or hyd rostatic
loads. Including lhe effects of buoyancy;
(b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood damage .
Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to
ground anchors.
(2) Construction materials and methods.
(a) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding. Locating such
equipment below the base flood elevation may cause annual flood insurance premiums to be
increased.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems;
(b) Water wells shall be located on high ground that is not in the floodway;
(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(d} On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4) Storage of Materials and Equipment
(a) The storage or processing of materia ls that could be 1n1urious to human. animal, or plant
li fe if released due to damage from flooding 1s prohibited in sp ecial flood hazard areas.
(bl Storage of other material or equipment may be allowed if not subject to damage bv floods
and if flr111 ly anchored to prevent flotat ion, or If readily removab le from the area within the
time available after flood warning .
19.142.120 Development Proposals, Including Manufactured
Home Parks and Subdivision proposals.
All development oroposals, Includ ing subdivision and manufactured home park or subdiv ision
proposals, shall :
(1) All subdivision proposals shall aBe consistent with the need to minimize flood damage;
(2) /\II subdh'ision prnposals shall hHave public utilities and facilities, such as sewer, gas, electrical,
and water systems located and constructed to minimize or eliminate flood damage;
(3) AA-sooa+v-l-stoo-f3'roposals shall hHave adequate drainage provided to reduce exposure to flood
damage;
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
ele-\lelopmcnts WRieh conta in at lcasl all development proposals greater than 50 lots or five acres
(whichever is less).
19.142.130 Review of building permits.
Where elevation data is not available either through the FIS, FIRM, or from another authoritative
source (FWRC 19 .142 .070 ), applications for building permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding as determined by the director. The test
of reasonableness is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available.
19.142.140 Specific standards.
The following provisions are required in all areas of special flood hazards where base flood elevation
data has been provided as set forth in FWRC 19.142.050(1) or 19.142.070 .
(1) Residential construction in Zone AE.
(a) New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood elevation
(BFE).
(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or jf
used solely for parki na . access or storage. shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard
and are often inadvertently permitted. Insurance rates reflect an "all or nothing" standard. Partially
ventilated crawlspaces may be subject to an additional loading fee of 20 to 25 percent attached to
the annual insurance premium.
Upon co m pl etion of the structure, certification by a registered professional engineer or surveyor that
the elevation requi rements of rhe lowest floor. in cluding basem ent. of th i s section have been
sat isfied shall be provi ded to the Director for verification.
(2) Resident/al construction m Zone VE
(a) Be located landward of the reach of mean high tide:
(b) Have the bottom of the lowe st structural member of the lo west floor (excluding p i lings and
co lumns), elevated to or above the Base Flood Elevation:
(c) Have tl]e pi le or co l umn foundation and structure attached thereto be anchored to res,sL notation,
collapse and laleral movement due to the effects of wind and water loads acUng simultaneousl y on
all bui lding components . Water loading values used shall be those associated with the base flood .
Wind loading va lues used shall be those required by applicable State or local bu ilding standards:
(d) Have the space below the lowest noor. usable so!elv fo r parking of vehicles. building access. or
storage, either free of obstruction or constructed with non-supporting breakaway walls. open wood
l attice-work . or insect screening intended to co llapse under wind and water loads without causing
collapse, displacement. or other structural damage to the e levated portion of the bui lding or
supporting foundation svstem . For the purposes of this section . a breakaway wall shall have a
des ign safe load i ng resistance of no t less than 10 and no more than 20 pounds per square foot;
(e) Prohibit the use or fill for structural support of buildings, and
{f) Prohibit man-made alteration of sand dunes and mangrove stands
A registered professional engineer or architect shall develop or review the structural design
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this Section
Upon cornpletlon of constructmn, ce1iificabon by a registered professional engineer or architect that
these design standards have been satisfied. and certification bv a registered professional engineer
or surveyor that the elevation rea uI rements of !he bottom of th e lowest stru ctural mem ber of the
lowest floor. excluding pilings and columns , of this section have been sati sfied shall be provided to
the Director for verification.
(~]) Nonresidential construction in an AE zone . New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below one foot or more above the base flood level the structure is
watertight with walls substantially impermeable ta the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
(c) Be certified by a registered professional engineer or architect that the design and methods
of construction are in accordance with accepted standards of practice for meeting provisions of
this subsection based on their development and/or review of the structural design,
specifications and plans. Such certifications shall be provided to the official as set forth in
FWRC 19 .142.060(2);
(d) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in subsection (1 )(b) of this section.
Applicants who are flood proofing nonresidential buildings should beware that flood insurance
premiums will be based on rates that are one foot below the floadproofed level (e.g., a building
floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an
additional foot will reduce insurance premiums significantly.
Upon completion of the structure . certification by a registered professional engineer or surveyor that
the elevation requirements of the lowest floor. including basement, of this section have been
satisfied shall be provided to t he Director fo r verification ; or certification by a registered professional
engineer or architect that the floodproofinq design of this section is satisfied. 111cluding the specific
elevation in relation to mean sea level to which such structures are floodproofed. shall be provided to
the Director for verification .
(4) Non-residential construction in Zone VE . Floodproofl ng of non-residential structures is orohibited .
All structures must be elevated and constructed according to the requirements set forth in FWRC
19 .142 .140(1 ).
(~~) Manufactured homes. All manufactured homec in the floodplain to be placed or substantially
improved on sites shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse and lateral
movement.
Uoon comp l etion of installation of the manufactured home. certification by a reg i stered professional
engineer or surveyor that the elevation reguirements of this section have been satisfied shall be
provided to the D i rector for verification .
(6) Maoufaclured homes In Zone VE . All manufactured homes to be placed or substantially improved
on sites shall meet the standards of residential construction in VE Zones In FWRC 19 .142.140(1 ).
Upon c;omplet1on of installation of the manufactured home . certIficatton by a registered professional
engineer or surveyor that the elevation reguIrements of this section have been satisfied shall be
provided to the Director for verification .
('4I) Recreational vehicles. Recreational vehicles placed on sites are required to either:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the
site only by quick disconnect type utilities and security devices, and have no permanently
attached additions; or
(c) Meet the requirements of subsection (3) of this section and the elevation and anchoring
requirements for manufactured homes.
19.142.150 AE and A1 30 zones with base flood elevations but no
floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be permitted within
:cones /\1 30 and Zone AE on the community's FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than one foot at
any point within the community.
19.142.160 Floodways.
Located within areas of special flood hazard established in FWRC 19.142.050(1) are areas
designated as floodways. Chapter 86 .16 RCW will need to be consulted in addition to this Code. The
more restrictive provisions shall apply. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions
apply:
(1) Encroachments, including fill, new construction, substantial improvements, and other
development shall be prohibited unless certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood levels
during the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated floodways,
except for (a) repairs, reconstruction, or improvements to a structure which do not increase the
ground floor area; and (b) repairs, reconstruction or improvements to a structure, the cost of which
does not exceed 50 percent of the market value of the structµre either (i) before the repair, or
reconstruction is started, or (ii) if the structure has been damaged, and is being restored, before the
damage occurred. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions, or to
structures identified as historic places, may be excluded in the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of FWRC 19_ 142.110 , Provisions
for flood hazard reduction.
19.142.170 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be
permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed
within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the
500-year flood, whichever is higher. Access to and from the critical facility should also be protected
to the height utilized above. Flood proofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into floodwaters. Access routes elevated to or above
the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
ORDINANCE NO . ----
AN ORDINANCE of the City of Federal Way, Washington, relating
to floodplain development and permitting processes within the City;
amending FWRC 19.142 (Amending Ordinance Nos. 06-536, 09-593,
09-597, and 18-856)
WHEREAS ,.the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state
and federal law, codify administrative practices , clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS , this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC ; and
WHEREAS, it is in the public interest for the City Council to revise the regulations for
flood damage prevention which establishes development regulations within flood hazard areas
within the City of Federal Way; and
WHEREAS , it is in the public interest for the City Council to adopt amended
development regulations for Chapter 19.142 FWRC regarding development within frequently
flooded areas ; and
WHEREAS , the State developed new language regarding flood prevention that has not
been incorporated into Chapter 19 .142 FWRC; and
WHEREAS , the State Department of Ecology, through its Community Assistance Visit,
informed the City that the new State language needed to be added to the chapters of the FWRC
Ordinance No. 20-__ Page I of 31
that regulate development within the areas designated as floodplains by the Federal Emergency
Management Agency ("FEMA"); and
WHEREAS, the absence of such language necessitates amendment to the FWRC Section
19 .14 2 to incorporate the State-required language; and
WHEREAS, the Planning Commission conducted public discussion of these code
amendments throughout May and early June 2020; and
WHEREAS , an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on May 15, 2020 and no comments or appeals were received and the
DNS was finalized on June 19, 2020; and
'WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on June 17, 2020 and forwarded a recommendation for approval to
the City Council to (1) amend FWRC 19.142.040 add and amend definitions; (2) amend FWRC
19.142.050 by referencing the date of affect for new data; (3) amend FWRC 19.142.060 to
distinguish regulations for the AE and VE ; and (5) amend FWRC 19 .142.090 and adding FWRC
19 .142.095 placing greater responsibility upon the floodplain administrator insuring that
developments meet adopted criteria; and (6) amend FWRC 19.142.100 by placing additional
actions necessary in granting variances to the code; and (7) amend FWRC 19 .142.110 by placing
greater restriction on storage of hazardous materials upon areas of floodplain; and (8) amend
FWRC 19.142.120 by including manufactured home parks as subdivisions; and (9) amend
FWRC 19.142.140 adding standards for development in the AE and VE zones; and (10) amend
FWRC 19.142.150 eliminating the Al-30 flood classification.
Ordinance No , 20-Page 2 of 31
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on July 6, 2020, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. F indings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments:
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by clarifying requirements of State regulation and correcting
textual duplication within the Code that will mitigate the need for interpretation when reviewing
projects proposed within the identified floodplains.
(b) These code amendments comply with Chapter 36. 70A RCW, Growth
Management.
( c) These code amendments are consistent with the intent and purpose of Title 19 and
Title 15 FWRC and will implement, and are consistent with, the applicable provisions of the
Federal Way Comprehensive Plan
( d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
( e) These code amendments have followed the proper procedure required under the
Federal Way Revised Code.
Ordinance No. 20-__ Page 3 of 31
· ectio11 2 . Con clu sions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies :
Goals:
NEGl
NEP4
NEP6
NEP7
NEG6
To preserve the City 's natural systems in order to protect public health ,
safety, and welfare, and to maintain the integrity of the natural
environment.
The City will continue to work with internal departments , state and
regional agencies, neighboring jurisdictions, and tribes to protect
environmentally critical areas and the City's natural environment.
Mitigation sequencing steps, which begin with avoiding impacts
altogether by not taking certain action or parts of an action, should be
applied to all projects where impacts to environmentally critical areas are
proposed.
Implement and periodically update environmentally critical area
regulations consistent with Best Available Science while also taking into
consideration the City's obligation to meet urban-level densities and other
requirements under the GMA.
To prevent the loss of life, property, and habitat in frequently flooded
areas.
NEP41 New improvements should not be located in floodplains unless fully
mitigated via best building practices within areas of special flood hazard,
shallow flooding, coastal high hazard, and floodways. FWCP -Chapter
Nine, Natural Environment Revised 2015 IX-10
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they provide clarification and additions to the sections of the
Ordinance No. 20-Page 4 of 31
Code designed to prevent flood damage to life and property located in identified floodplains
within the City of Federal Way.
( c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they conform to requirements of the Federal Emergency
Management Agency and allow land within the City to remain eligible for federal flood
insurance.
Secti on 3. Chapter 19 .142 is hereby amended to read as follows:
Sections:
Article I. Generally
19.142.010 Purpose.
Chapter 19.142
FLOOD DAMAGE PREVENTION
19 .142.020 Adoption of state and federal statutes and regulations.
19.142.030 Methods ofreducing flood losses.
19 .142.040 Definitions.
Article IL Provisions
19.142.050 General provisions.
19 .142.060 Development activities subject to floodplain development permits.
19 .142.070 Use of other base flood data (in A and V zones).
19.142.080 Information to be obtained and maintained.
19 .142 .090 Alteration of watercourses.
19 .142 .0 95 No t ificat ion to Other Ent iti es Changes to Floodplai n Maps
19.142.100 Conditions for variances.
Ordinance No . 20-__ Page 5 of 31
19 .142.110 Provisions for flood hazard reduction.
19.142.120 Development proposals, including manufacturing home parks and
Subdivision proposals.
19.142.130 Review of building permits.
19.142.140 Specific standards.
19.142.150 AE and Al 30 zones with base flood elevations but no floodways.
19.142.160 Floodways.
19.142.170 Critical facility.
Section 4. FWRC 19.142.040 is hereby amended to read as follows:
19.142.040 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or
FWRC 1.05.020, in that order.
"Actual start of construction" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. "Actual start of construction, " for a substantial improvement, means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
"Alteration of' watercourse " means anv action that will change the location of the channel
occupied by water wjfuin the banks of any portion of a riverine waterbody.
"Appeal" means a request for a review of the interpretation of any provision of this chapter or a
request for a variance.
Ordinance No. 20-Page 6 o/31
"Area of shallow .flooding" means designated as zone AO or AH :Wfl:e-On the flood insurance
rate map (FIRM). Zone AO wnes havehas base flood depths that range from one to three feet
above the natural ground; a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident. Zone AO is characterized as
sheet flow; zone AH indicates ponding, and is shown with standard base flood elevations.
"Area of :ipecialflood hazard" means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. Designation on maps always
includes the letter A or V.
"Base _fl,ood" means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the "100-year flood"). Designated on flood insurance rate maps by
the letter A or V.
"Base flood elevation (BFE)" means the elevation to which floodwater is anticipated to rise
during the base flood.
"Basement" means any area of the building having its floor sub-grade (below ground level) on
all sides.
"Breakaway wall" means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the FIRM as
zone Vl-30, VE or V.
"Critical facility" means a facility for which even a slight chance of flooding might be too great.
Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire
and emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
"Development" means any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavations, drilling operations, or storage of equipment or materials located within the area of
special flood hazard.
Ordinance No. 20-Page 7 of 31
"Director" means the director of the city of Federal Way community development depaiiment
or his or her designee. The director or his or her designee is the Floodplain Administrator for the
city.
"Elevated building" meai1s, for insurance purposes, a nonbasement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
"Elevation cert(ficate" means the official form (FEMA F01m 81 3 l)an administrative tool of the
National Flood Insurance Program that can be used to track development, provide elevation
information Hee-es-sary to cns'..1re com~-ia.nee with community :floodplain managemea+ ordinaaees,
aoo-to determine the proper insurance premium rate, with Section B completed by Federal Way,_
and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision -
Based on Fill (LOMR-F).
"Existing mam!factured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the adopted floodplain management regulations.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets , and
either final site grading or the pouring of concrete pads).
"Flood" or ''.fiooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
( 1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by floodim~: as defined in:
a) (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of
norm.ally dr land areas, as when earth i.s carried by a cun-ent of water and deposited along the
path of the current.
b) The collapse or sub idence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused bv waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a naturaJ bodv of water,
accompanied by a severe storm. or by an unanticipated force of nature. s uch as flash flood or an
Ordinance No. 20-Page 8 o/31
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
floocli.ng as defined in (1) of tliis definihon.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance
Administratiefltor has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
"Flood insurance study (FIS)" means an examination. evalu ation and determination of flood
hazards and. if appropriate. corresponding water surface elevations. or an examination.
evaluation and determination of mudslide (i.e .• mudflow) and/or flood-related erosion hazards.
Also known as a Flood Elevation Study. the official. repo1i provided by the Federal Insurance
Ad:alll3:.istration that includes floo8-iffl)fiJes the flood boundary tloodway map~ and the '<Vater
surface elevation of the base flood.
"Floodvla in or flood-prone area "means any laDd area susceptible to being inundated by water
~
from anv soui-ce. See · Flood or flooding' .
"Floodplain management regulations" means zoning ordinances. subdivision regulations,
building codes, health regulations, spec ial purposes ordina•ces (such as floodplain ordinance.
trracling ordinance and erosion control ordinance) and other applications of police power. The
term describes such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
"Flood prooftm,{' means any comb in ation of structural and nonstructural additions. changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or
improved real propertv. water and sanitary facilities. sb.-uctures. and their contents. Flood
proofed structures are those that have the structural integrity and design to be impervious to
floodwater below the Base Flood Elevation.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot a designated height. Also known as a Regulatory
Floodway''.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The tenn includes only docking: fac ilities.
port facilities that are necessary for the loading and unloading of cargo or passengers . and ship
building and ship repair facilities, and does not include long tenn storage or relate~
manufacturing facilities.
Ordinance No. 20-Page 9 of 31
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(I) Listed individually in the National Register of Historic Places (a listing maintained bv the
Department of f.nterior) or preliminarily determined by the ecretary of the [nterior as meeting
the requirements for individual listing on the National Register: or
L) Certified or pr liminarily determined bv the ecretary of the Interior as contributi.ng to the
hlstorical significance of a registered hi ~toric district or a district pTeliminarilv determined by the
Secretary to qualify as a registered h.istoric district or
(3) Tndividuallv listed on a state in entorv of historic places in states with historic preservation
programs which have been approved by the 'ecretary of Interior; or
( ) Indi.viduallv listed on a local inventory of historic places in communities with historic
preservati n programs that have been certified either:
(a) Bv an approved state program as determined by the ecr tary of the Interior. or
(b) Directly by the Secretary of the Interior in states without approved prom-ams.
"Lowest floor" means the lowest enclosed area (including basement), except that where an
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is built in compliance with the applicable non-
elevation design requirements of FWRC 19 .142.140(1 )(b ), the next lowest enclosed area is the
lowest floor.
"Manufactured home" means a structure, transportable in one or more sections, which is built
on a pennanent chassis and is designed for use with or without a pennanent foundation when
attached to the required utilities, but does not include a recreational vehicle.
"Manufactured home park or subdivision" means a parcel ( or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Mean Sea Level " means for purposes of the National Flood Insurance Program. the vertical
datum to which B ase Flood Elevations shown on a community's F lood Insurance Rate Map are
referenced.
"New construction" means for the purposes of det rmin.i.ng insurance rates. strnctw-es for which
the 'start of construction" commenced on or after the effective date of an initial Flood Insurance
Rate Map or after December 3 L 1974, whichever is later. and includes anv subsequent
Ordinance No. 20-Page 10 of 31
improvements to sucb structmes. For floodplain management purposes. "new construction"
means structures for which the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes any subsequent
improvements to uch structures fur which tlie stmt of construction commenced on or after the
effective date of the ordinance codified in this chapter.
"New mamifactured home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of adopted floodplain management regulations.
"Recreational vehicle" means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"Start of construction" includes substantial improvement, and means the date the building
permit was issued, where the actual start of construction, repair, reconstruction, placement or
other improvement occurs within 180 days of the permit date. See also "actual start of
construction."
"Structure" means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground. as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any improvement of a structure, including any repair or
reconstruction, r habilitation. addition. or other improvement of a structure vmere the cost of
which the impro 11cmenr-equals or exceeds 50 percent of the market value of the structure either
before-the ' stai1 of construction., of the improvement is stmted OJ if the structure has beea
damaged and is being restored, before the damage occuned ..
Ordinance No. 20-Page 11 of 31
Substantial improvement does not include:This term includes structures which have incurred
"substantial damage". regardless of the actual repair work performed. The term does not,
however. include either:
ill any project for improvement of a structure to correct pre-cited existing violations of state or
local health, sanitary, or safety code specifications which have been previously identified by the
local code enforcement official and which are the minimum necessary to assure safe living
conditions; or
ill any alteration of a "historic structure ' provided that the alteration will not preclude the
structure s continued designation as a "historic strncture" listed on the National Register of
Historic Places or a State Inventory of Historic Places.
Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure.
"Variance" means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without the
elevation certificate. other certifications, or other evidence of compliance required in this
ordinance is presumed to be in violation until such time as that documentation is provided.
"Water-dependent" means a structure for commerce or industry that cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Section 5. FWRC 19.142.050 is hereby amended to read as follows:
19.142.050 General Provisions
(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within
the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal
Insurance-Administratieflor in a scientific and engineering report entitled "The Flood Insurance
Study for King County, Washington and Incorporated Areas" dated May 16, 1995 August 19,
2020, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and
any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter.
Ordinance No. 20-__ Page 12 of 31
The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWRC 19.142.070 shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized under
FWRC 19.142.070.
(2) Penalties for noncompliance. No structure or land shall hereafter be constructed, located
extended, converted, or altered Any person responsib le for constructing. locating, extending.
converting, or altering a structure or land without full compliance with the terms of this chapter
and other applicable regulations-; shall be subject to civil enforcement penalties under FWRC
1.15.
(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition
which constitutes or contributes to an immediate and emergent threat to the public health, safety
or welfare or to the environment, the director may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after abatement. The costs of such
summary abatement shall be recoverable via procedures for recovery of abatement costs as set
forth in Chapter 1.15 FWRC, Civil Enforcement of Code.
(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter and
another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
( a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
( c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of Federal Way, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
Section 6: FWRC 19.142.060 is hereby amended to read as follows:
Development activities subject to floodplain development permits.
(1) Floodplain development permit required. A floodplain development pern1it shall be obtained
before construction or development begins within any area of special flood hazard established in
FWRC 19.142.050(1). The permit shall be for all structures including manufactured homes, as
set forth in FWRC 19.142.040, and for all development including fill and other activities, also as ..
set forth in FWRC 19.142.040.
Ordinance No . 20-Page 14 of 31
(2) Nondevelopment activities. The fo ll owing aActivities that do not meet the de finitio n of
elev elopment " in this ch apter are allowed in the regulatory floodplain without the need for a
floodplain development permit under this chapter, provided all other federal, state, and local
requirements are met. The following are examples of activities not considered development or
manmade changes to improved or unimproved real estate:
(a) Routine maintenance oflandscaping that does not involve grading, excavation, or filling;
(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation
with native vegetation;
(c) Normal maintenance of structures, such as reroofing and replacing siding, as long as such
work does not qualify as a substantial improvement;
(d) Normal maintenance of above ground public utilities and facilities, such as replacing
downed power lines;
(e) Normal street and road maintenance , including filling potholes, repaving, and installing
signs and traffic signals, but not including expansion of paved areas; and
(f) Normal maintenance of a levee or other flood control facility prescribed in the operations
and maintenance plan for the levee or flood control facility.
(3) Other activities. All other activities not described in subsection (2) of this section are
allowed, as long as a floodplain development permit is approved, and, if required, as long as such
activities meet all the other requirements of this chapter and the other provisions of the FWRC.
Ordinance No. 20-Page 15 of 31
(4) Application for floodplain development permit in zone AE. Application for a floodplain
development permit shall be made and will include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the area in question,
existing or proposed structures, fill, storage of materials, drainage facilities, and the location of
the foregoing. Specifically, the following information is required:
(a) Proposed Eelevation in relation to mean sea level, of the lowest floor (including
basement) of all structures recorded on a current elevation certificate (FEMA Form 81-31) with
Section B completed by the city of Federal Way building official;
(b) Proposed Eelevation in relation to mean sea level to which any structure has been will be
floodproofed;
( c) Certification by a registered professional engineer or architect that the floodproofing
methods for any nomesidential structure meet floodproofing criteria in FWRC 19.142.140(2);
( d) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
(5) Application for floodplain de, elopment permit for zo ne VE . Application for a floodplain
development permit shall be made and will include, but not be limited to, plans in duplicate
drawn to scale showing the nature. location. dimensions, and elevations of the area in question,
x isting or proposed structures, filL storage of materials, drainage facilities, and the location of
t he foregoing. Specifically. the fo llowing information is required:
Ordinance No. 20-Page 16 of 31
(a) Proposed elevation in relation to mean sea level of the bottom of the lowest structural
member of the lowest -floor (excluding pilings and co I amns) of all structures, and whether such
structures contain a basement:
Cb) Base Flood Elevation data for subdivisjon proposals or other development. including
manufactured home parks or subdivisions. greater than 50 lots or 5 acres. whichever is the lesser;
and
(c) Description of the extent to which any watercourse will b altered or relocated as a result
of proposed development
(.§.§.) Designation of the local administrator. The director or designee is hereby appointed to
administer.,_ ood implement and enforce this chapter by granting or denying development permit
applications in accordance with its provisions. The director shall:
(a) Review all development applications to determine that the requirements of this chapter
have been satisfied;
(b) Review all development applications to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior approval is
required; and
( c) Review all development applications to determine if the proposed development is located
m the floodway. If located in the floodway, assure that the encroachment provisions of
FWRC 19.142.160(1) are met.
Ordinance No. 20-Page 17 of 31
(61) Project requirements. If the project is located in the regulatory floodplain and includes
activities not listed in subsection (2) of this section, the application shall include a habitat impact
assessment completed by a professional biologist. If that assessment determines that impacts
upon the habitat would result from the project, the application shall also include a habitat
mitigation plan. The habitat assessment and the habitat mitigation plan shall be performed as
described in FEMA's Regional Guidance for Floodplain Habitat Assessment and Mitigation in
the Puget Sound Basin, 2013, and any revisions thereto.
(7~) Third-party review. For any habitat impact assessment or habitat mitigation plan, the city
may require a third-party review. Third-party review requires the applicant's habitat impact
assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an
independent third party, paid for by the applicant, but hired by the city. Third-party review shall
be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and
Mitigation Regional Guidance, FEMA Region X, 2010, and any revisions thereto.
S ect ion 7. FWRC 19.142.090 is hereby amended to read as follows:
Alteration of watercourses.
The city shall notify adjacent communities and the Department of Ecology prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance
Administratie-Hor and shall require assure that maintenance is provided within the aHered or
r elocates. portion of said wa.t ercou£Se so that the flood carrying capacity is not diminished the
carrying--capacity of the altered or relocated portion of said watercourse is maintained.
Ordinan ce No . 20-__ Page 18 of 31
The Director shall notify the Federal Insurance Administrator in writing of acquisition by means
of annexation, incorporation or otherwise, of additional areas of jurisdiction.
Section 8. FWRC 19.142.100 is hereby amended to read as follows:
Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a small or
irregularly shaped lot one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level. As the lot size increases the technical
justification required for issuing the variance increases.
(2) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance 1s the m1mmum
necessary, considering the flood hazard, to afford relief.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to
the applicant; and
Ordinance No. 20-Page 19 of 31
( c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with other existing laws or ordinances.
(5) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants, economic or financial circumstances.
They primarily address small lots in densely populated residential neighborhoods. As such,
variances from flood elevations should be quite rare.
( 6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined
that such action will have low damage potential, complies with all other variance criteria except
subsection (1) of this section and otherwise complies with FWRC 19.142.110(1) and (3),
and 19.142.120.
(7) Any applicant to whom a variance is granted shall be given written notice over the signature
of the Director that the permitted issuance of a variance to construct a structure will be built with
its lowest floor below the base flood elevation will result in increased premium rates for flood
insurance up to amounts as high as $25 for every $100 of in surance coverage and that such
construction below the BFE increases risks to life and property and th-at the cost of flood
insurance will be commen;,urate ¼~th the increased risk.
(8) The Direct or shall maintaln a record of all variance actions, including justification for their
issuance.
(9) The Director shall condition the variance as needed to ensure that the requirements and
criteria of this chapter are met.
Section 9. FWRC 19.142.110 is hereby amended to read as follows:
Provisions for flood hazard reduction.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resuhin.g from hydrodynamic or hydrostatic loads,
includin!! the effects of buoyancy~
(b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to
ground anchors.
(2) Construction materials and methods.
(a) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
Ordinance No. 20-Page 21 of 31
( c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding. Locating
such equipment below the base flood elevation may cause annual flood insurance premiums to
be increased.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems;
(b) Water wells shall be located on high ground that is not in the floodway;
(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
( d) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4) Storage of Materials and Equipment
(a) The storage or processing of materials that could be injurious to human, animal, or plant
life if released due to damage from flooding is prohibited in special flood hazard areas.
Ordinance No. 20-Page 22 of 31
(b) Storage of other material or equipment may be allowed if not subject to damage bv floods
and if finnly anchored to prevent flotation, or if readily removable from the area within the time
avai labl e after flood warning .
ection 10. Chapter 19.142.120 is hereby amended to read as follows:
Subdivision proposals.
All development proposal . including subdivision and manufactured home park m: subdivision
proposals. shall:
(1) All subdivision proposals shall -aBe consistent with the need to minimize flood damage;
(2) All subdivision proposals shall hHave public utilities and facilities, such as sewer, gas,
electrical, and water systems located and constructed to minimize or eliminate flood damage;
(3) All subdivision proposals shall hHave adequate drainage provided to reduce exposure to
flood damage;
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least all development proposals greater than 50 lots or five acres
(whichever is less).
Ordinance No. 20-__ Page 23 of31
Section 11. FWRC 19.142.140 is hereby amended to read as follows:
Specific standards.
The following provisions are required in all areas of special flood hazards where base flood
elevation data has been provided as set forth in FWRC 19 .142 .0 50(1) or 19 .142.070.
(1) Residential construction in zone A E.
(a) New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood elevation
(BFE).
(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
if used solely for parking, access or storage. shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
Ordinance No. 20-Page 24 of 31
Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this
standard and are often inadvertently permitted. Insurance rates reflect an "all or nothing"
standard. Partially ventilated crawlspaces may be subject to an additional loading fee of 20 to 25
percent attached to the annual insurance premium.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement. of this section have been
satisfied shall be provided to the Directorfor verification.
(2) R esidential con !ru c tion ;n Zone VE
(a) Be located landward of the reach of mean high tide:
(b) Have the bottom of the lowest structural member of the lowest floor (excluding pilings
and columns), elevated to or above the Base Flood Elevation:
(c) Have the pj]e or column foundation and structure attached thereto be anchored to resist
flotation. collapse and lateral movement due to tbe effects of wind and water loads acting
simultaneously on all building components . Water loading values used shall be those associated
with the base flood. Wind loading values used shall be those required by applicabl state or local
building standards:
(d) Have the space b e low the lowest floor, usable solely for parking of vehicles. building
access. or storage. either free of obstruction or constructed with non-supporting breakaway walls.
pen wood lattice-work. or insect screening intended to collapse under ,¥ind and water loads
without c·ausing collapse, displacement, or other structural damage to the el evated po1tion of th
building or supporting foundation system. For the purposes of this ection, a breakaway wall
shall have a design safe loading resistance of not less than 10 and no more than 20 poun:ds per
square foot;
(e) Prohibit the use of fill for structural support of buildings; and
(f) Prohibit man-made alteration of sand dunes and mangrove stands.
A registered professional engineer or architect shall develop or review the structural desjgn,
specifications and plans for the construction. and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this ection .
Upon completion of construction. certification by a registered professional engineer or architect
that these design standards have been satisfied. and certification by a registered professional
engineer or surveyor that the elevation requirements of the bottom of the lowest structural
member of the lowest floor. excluding pilings and columns. of this section have been satisfied
shall be provided to the Director for verification.
('.21) Nonresidential construction in an AE zone. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below one foot or more above the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
( c) Be certified by a registered professional engineer or architect that the design and methods
of construction are in accordance with accepted standards of practice for meeting provisions of
this subsection based on their development and/or review of the structural design, specifications
and plans. Such certifications shall be provided to the official as set forth in
FWRC 19.142.060(2);
( d) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection ( 1 )(b) of this section.
Applicants who are floodproofing nonresidential buildings should beware that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g., a building
floodproofed to the base flood level will be rated as one foot below). Floodproofing the building
an additional foot will reduce insurance premiums significantly.
Upon completion of th structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor. including basement. of this section have been
satisfied shall be provided to the Director for verification; or certification by a registered
professional engineer or architect that the floodproofi.ng design of this section is satisfied,
including the specific elevation in rela6on to mean sea level to which such structures are
floodproofed, shall be provided to the Director for verification.
Ordinance No. 20-__ Page 27 of 31
(4) Non-residential construction in Zone VE. Floodproofing of non -residential structures is
prohibited. All structures must be elevated and constructed according to the requiremei1ts set
forth in FWRC 19.142.1400).
(-3-_~) Manufactured homes in zone AE. All manufactured homes in ili.e floodpl£HH to be placed or
substantially improved on sites shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated one foot or more above the base flood elevation and
be securely anchored to an adequately anchored foundation system to resist flotation, collapse
and lateral movement.
Upon completion of installation of the manufactured home, certification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the Director for verification.
(6) All manufactured homes to be placed or substantially improved on sites shall meet the
standards of residential construction in VE Zones in FWRC 19 .142.140( 1).
Upon completion of installation of the manufactured home, ce1tification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the Director for verification.
(41) Recreational vehicles. Recreational vehicles placed on sites are required to either:
( a) Be on the site for fewer than 180 consecutive days; or
Ordinance No. 20-__ Page 28 of 31
(b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the
site only by quick disconnect type utilities and security devices, and have no permanently
attached additions; or
(c) Meet the requirements of subsection (3) of this section and the elevation and anchoring
requirements for manufactured homes.
Section 12. Chapter 19.142.150 is hereby amended to read as follows:
AE ead Al 30 zones with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be permitted
within ~es l\.l 30 and Zone AE on the community's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
Section 13. FWRC 19.142.095 is hereby added to read as follows:
Notification to Other Entities Changes to Floodplain Maps
Base Flood Elevations may increase or decrease resulting from physical changes affecting
floodin~ conditions. As soon as practicable, bu t not later than six months after the date such
information becomes available. the Director shall notify the Federal Insurance Administrator of
the changes by submitting technical or scientific data in accordance with Volume 44 Code of
Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of
Ordinance No. 20-__ Page 29 of 31
those physical changes affecting flooding conditions, risk premmm rates and floodplain
management requirements will be based upon cunent data.
Section 14. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 15. 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 16. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 17. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 11th day of August, 2020.
[ signatures to follow]
Ordinance No. 20-Page 30 of 31
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-__ Page 31 o/31
COUNCIL MEETING DATE: July 21, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: RELATING TO VACATION OF RIGHT OF WAYS
ITEM#: 8b
POLICY QUESTION: Should City Council approve the ordinance to modify and add new sections to Federal
Way Revised Code related to vacation of Right of Ways?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
D Consent
D City Council Business
~ Ordinance
0 Resolution
STAFF REPORT BY: EJ Walsh, P .E., Public Works Director
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Approve the proposed ordinance.
MEETING DA TE: July 6, 2020
• •
Public Hearing
Other
DEPT: Publ ic Works
2. Reject the proposed ordinance and provide direction to staff.
DIRECTOR APPROVAL:
',.• :y ., __ : .,... __ --
' -:.:~::-.:-
Initial/Date
COMMITTEE RECOMMENDATION:/ move to forn·ard th e proposed ordinance to First Reading on July 21 , 2020.
V,·o.... vi'deo e,,ode,-1!:.V\.C~
Committee Chair
PROPOSED COUNCIL MOTION{S):
V!b.. ,11' J~o C-e>v)±e,~"" c...~
Committee Member
J\-o-111. J eo q.,~~,e-V\<:!' -e...
Committee Member
FIRST READING OF ORDINANCE (JULY 21, 2020): "/ move to forward approval of the ordinance to the August
11 , 2020 Council Meeting for enactment."
SECOND READING OF ORDINANCE (AUGUST 11, 2020): "/ move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED -11/2 019
COUNCIL Bll.L #
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE: July 6, 2020
City Council
CITY OF FEDERAL WAY
MEMORANDUM
TO:
vi.A: Jim Ferrell , Mayor
FROM: EJ Walsh, P.E., Director of Public Works ': , __ -~_:~
SUBJECT: ORDINANCE: Relating to vacation of Right of Ways
FINANCIAL IMP ACTS:
This Ordinance does not contain provisions that staff anticipates will have a financial impact.
BACKGROUND:
Public Right of Ways are held by the City in trust for public use, and, relinquishing a Right of Way
restricts public movement and is therefore a significant act.
From time to time the City receives requests to vacate public Right of Ways. Typically, these requests are
in conjunction with, or as a result of, private development. Current adopted code does contain a section
related to Right of Way vacations, however does not establish criteria under which such requests should
be reviewed. Further, in accordance with the Revised Code of Washington, vacations should only be
completed when it significantly serves the public interest.
Therefore, the proposed Ordinance establishes criteria under which to review requests for Right of Way
vacation, requires the applicant to demonstrate the public benefit, and directs establishment of
Administrative policies, including an application and checklist.
ORDINANCE NO. ----
AN ORDINANCE of the City of Federal Way, Washington, relating
to Right of Way Vacations; amending FWRC 4.20.120 and adding a
new section to chapter 19.135 FWRC. (Amending Ordinance No. 19-
107)
WHEREAS, the City of Federal Way ("City") is a non-charter code city under Title 35A
of the Revised Code of Washington ("RCW"); and
WHEREAS, occasionally property owners desire to acquire the Right of Way next to
their property; and
WHEREAS , the City holds Right of Ways in trust for public use; and
WHEREAS, relinquishing the easement and restricting public movement through the
Right of Way is a significant act and not done lightly; and
WHEREAS, the City Council shall determine that doing so significantly serves the public
interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 4.20.120 is hereby amended to read as follows:
4.20.120 Conduct of hearing -Basis for decision.
A public hearing on a proposed street vacation shall be held before the city council. At the time
of the hearing on the vacation, or at such time as the same may be continued by the city council,
the matter shall be considered and those desiring to speak on the vacation shall be heard.
Following the hearing, the council shall decide whether to grant or deny the petition for vacation.
Such determination shall include , but not be limited to:
(1) Compliance with the following criteria:
Ordinance No. 20-Page 1 of 4
(a) The vacation provides a public benefit or is for a public benefit. The benefit may include
economic or business support the community as a whole derives from the abutting property
owner;
(b) The street, alley or portion thereof is no longer required for public use;
( c) The vacation does not abut a body of water, such as a river, lake, or salt water, except for
a public purpose such as a park or port (acility and which reverts to a public authority; and
(2) Consideration of the following criteria:
(a) The vacation meets the intent of the city's comprehensive plan's general purposes and
objectives;
(b) The vacation provides for an exchange of public property in the public interest;
( c) Whether conditions may so change in the future as to provide a greater use or need than
presently exists;
(d) Whether objections to the proposed vacation are made by owners of private property,
exclusive of petitioners, abutting the same;
( e) The vacation would not interfere with future development or access to other existing or
future developments.
(Q The petitioner has demonstrated the vacation complies with FWRC 19.135.252.
Section 2. Chapter 19 .13 5 of the Federal Way Revised Code is hereby amended to add a
new section 19.135.252 to read as follows:
19.135.252 Vacation of Right of Wav.
(1) GeneraJly. The Public Works Director shall prepare and make available for distribution
administrative Street Vacation Policies. including an application checklist and application.
(2) Right of Way may be reduced or vacated only after the followinQ requirements are
completed:
(a) Analysis and documentation consistent with the Street Vacation Policies.
(b) Demonstraiion that the remaining street network.meets the block perimeter standards of
FWRC 19.135.251. Where blo k perimeter standards are not met prior to vacation, any
Ordinance No. 20-Page 2 of 4
vacation of public Rie.ht of Way shall not result in an increase in the non-conforming block
length.
{c) A traffic analysis demonstrating that there will be no increase in trips by vehicles.
pedestrians. or other modes on the Right of Way network as a result of the vacation: or
proposed improvements required for mitigation o there is no resulting increase in trips on
the Right of Way network.
{d) A public hearing before the Citv Council complying: with the requirements of FWRC
4.20.120.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratjfied and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
Ordinance No. 20-Page3 o/4
PASSED by the City Council of the City of Federal Way this ____ day of
-------· 20
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-Page4 o/4
CITY OF FEDERAL WAY
ADMINISTRATIVE
STREET VACATION POLICIES
PUBLIC WORKS DEPARTMENT
JULY 2020
TABLE OF CONTENTS
Introduction ........................................................................................................................................... 2
Public Trust Doctrine ............................................................................................................................. 5
Public Trust Analysis ............................................................................................................................. 7
Ana l ysis of Public Benefits of the Vacation ....................................................................................... 17
Process for City Review of Right of Way Vacation Applications .................................................... 21
1
INTRODUCTION
The City's existing Right of Way network of improved and unimproved public streets as currently
exist and as contemplated in the Comprehensive Plan, City Code, and Development Standards
contain the City's vision for the future transportation network to support residents, businesses,
commerce, tourism and more.
Right of Way vacations may be initiated in two ways . The first is by a property owner(s) whom
desire to acquire the Right of Way adjacent to and abutting their property. This process is called a
Right of Way Vacation. To commence a property-owner initiated Right of Way Vacation, the
property owner petitions the City in accordance with State law, City Code and this Policy.
The second is City initiated through a resolution. Council may initiate Right of Way vacations by
resolution only for a public purpose or when extraordinary circumstances prevent following the
petition process. If the Council initiates a petition, all other aspects and procedures of State Law,
City Code and these policies still apply.
To grant a Right of Way Vacation, the City is responsible to ensure that the public's interest in the
transportation network is protected; approves an associated public benefits proposal; and typically
receives the property's fair market value.
These policies guide petitioners, City departments, Boards and Commissions, and the public through
the City's process to analyze, review and assess Right of Way vacation petitions . They apply to all
Right of Ways whether improved or unimproved.
The City's default position is that unless there are compelling reasons to vacate a Right of Way and it
is in the public's benefit to do so; the City will keep it for future public purposes.
PROPERTY OWNER INITIATED RIGHT-OF-WAY VACATIONS IN GENERAL
A Right of Way Vacation is a discretionary legislative act by the City Council that relinquishes the
public's right to use the Right of Way. Through a petition, a property owner asks the City, on behalf
of the public, to relinquish the public's right to use a street, alley, or other public Right of Way1
abutting their property. For the purposes of these policies a "Right of Way Vacation" describes
vacating any Right of Way over which the public has the right of travel.
These policies use the term "street" to refer to all types of public Right of Way including streets,
alleys, boulevards, paths, stairways, and public places, whether improved or unimproved. The
Revised Code of Washington (RCW) Chapter 35. 79 guides the City's review of Right of Way Vacation
petitions. That Chapter assigns responsibility over Right of Way vacation decisions to the Council.
FRAMEWORK FOR DECISION-MAKING
Right of Ways are different and unique from other types of property. When the City grants a Right of
Way Vacation, it is relinquishing the public's rights to utilize an area and allowing the abutting
property owners to take possession and control of the former Right of Way.
The City holds Right of Ways in trust on behalf of the public, for public use. Relinquishment, and
subsequently restricting public movement through the remaining Right of Way is a significant act.
For a Right of Way Vacation petition to be approved, the Council shall determine that to do so
would significantly serve the public's interest. It is the petitioner's obligation to provide a
1 "Public right of way" is any property where the City has a right to use the land for street purposes, whether
improved or not.
2
justification for the vacation, information demonstrating there are no feasible alternatives, and
ensure that the remaining transportation network is not negatively impacted.
Right of Ways are dedicated in perpetuity for use by the public for travel, transportation of goods,
and locating utilities. The dedication carries with it public rights to circulation, access, utilities, light,
air, open space, views, free speech, and assembly, and contributes significantly to the form and
function of the city. The pri mary concern of the City in evaluating vacation petitions is to safeguard
the public's present and future needs and to act in the public's best interest.
The Council 's responsibility is to weigh the public trust and land use effects of a vacation, mitigating
measures, and the public benefit provided by the vacation to determine if the vacation is in the
public's interest. In balancing these elements of the public interest, the Council places primary
importance upon protecting the public trust it holds in the Right of Way.
Guidance of this process is based upon the following:
Public Trust Doctrine: The City is responsible for holding the rights-of-way in public trust.
The components of the public trust form the foundation of the City's review of vacation
petitions and public benefit proposals.
Public Trust Analysis: Describes the criteria the City uses to determine whether it is
appropriate to vacate a Right of Way.
Public Benefit Analysis: Describes the types of public benefits the City expects to see
provided in exchange for vacation of a Right of Way.
Process for City Review of Right of Way Vacation Petitions: Describes the process the City
utilizes to review Right of Way vacations .
DISTINCTION BETWEEN RIGHT-OF-WAY VACATIONS AND LAND USE DECISIONS
There are no rights under Federal Way Revised Code, the Revised Code of Washington, or elsewhere
to acquire or develop within a public Right of Way. To do so, a property owner shall petition for and
receive the Council's approval for a Right of Way Vacation. Under State law, the Council may not
approve a Right of Way vacation unless it is in the public's best interest. The City uses a two-part
test to make this determination.
First, based on materials submitted by the Petitioner, the City perfor ms a "Public Trust Analysis," a
determination of whether the Right of Way is needed and whether the public interest can be
protected if the Right of Way is vacated . Second, also based on materials submitted by the
Petitioner, the City undertakes a "Public Benefit Analys is," assessing the petitioner's proposal to
provide benefits to the public.
Established plans, policies, and standards guide this review. The City will not support vacations that
conflict with City planning goals. However, land use policies and codes do not bind the Council's
decision to grant or deny a Right of Way vacation petition. The Council may conditi on or deny
vacations as it deems necessary to protect the public's interest.
In land use decisions, the Council's role is administrative. The Council sets policies in the form of
zoning and land use codes, development standards, and environmental policies and regulations,
while the decis ion authority has been delegated to various staff or the Hearing Examiner.
Under state law, Right of Way Vacation decisions must be made by the Council. The Council cannot
delegate that authority. Unless the Council approves a Right of Way vacation, property owners have
no right to use or occupy the Right of Way, if not otherwise permitted by the Public Works
3
Department. The Council typically ma,kes its approval of a vacation conditional on the petiti oner
meeting a mJmber of requirements.
In addition to r.eviewing the vacation petition under these policies, a development proposal that
requires a vacation may also undergo one or more of the following reviews:
• Land use and zoning review, Including review of re-zones;
• Design review and other discretionaty land use actions;
• State Environmental Policy Act (SEPA);
• Transportation modal plans;
• Right of Way Permit; or
• Engiheering review.
These reviews may result in additional conditions applied in the Right of Way vacati.on review.
Petitioners are required to obtain all necessary land use and building permits before developing the
site.
4
1) PUBLIC TRUST DOCTRINE
City Right of Ways are held in trust for the public, meaning the City is the trustee and guardian of the
Right of Way, not an underlying property owner. The Council may approve vacations only when they
are in the public's interest. Right of Ways will be retained unless it can be shown that they are not
needed for a current or foreseeable public use, there is no negative impacts to the remaining
transportation network, and the Council is assured that the vacation is in the public interest.
Documentation is required from the Petitioner to demonstrate each of the following areas is
maintained with the proposed vacation.
a) CIRCULATION
Right of Ways enable the movement of people, goods, and vehicles through the city as part of a
transportation network. If a part of the network is removed, there may be rippling effects
throughout. The City will only vacate a Right of Way if doing so does not result in negative
effects or displacement of trips onto the remaining network; disrupt the movement of people,
goods, and vehicles through the city; and it is consistent with the City's transportation plans.
b) ACCESS
Right of Ways provide access to abutting property from the surrounding community and to the
surrounding community from private property. Improved rights-of ways or streets are designed
to provide access via a range of transportation modes, including walking, bicycling, riding transit,
and driving. The City will only vacate a Right of Way if doing so does not result in negative
effects on the current or future needs of the City's vehicular, bicycle, or pedestrian circulation
systems, or on access to private property.
c) UTILITIES
City and private utilities use Right of Ways to serve the community and their customers. The City
will only vacate a Right of Way when all utilities using or potentially using the Right of Way can
be adequately protected with easements, relocations, or utility corridors satisfactory to the
utilities' owners. Future potential utilities are required to be accommodated.
d) FREE SPEECH
The public has traditionally had the right and ability to use Right of Ways to exercise
constitutional rights under the First Amendment. The City will only vacate a Right of Way when
offsetting publicly-accessible spaces on the site will be kept open for the same speech-related
purposes.
e) PUBLIC ASSEMBLY
Right of Ways act as places for people to gather, to meet their neighbors, for children to play,
and for all segments of society to interact. This role of the Right of Way can be particularly
important for people who have the fewest resources. The City will only vacate a Right of Way
when the Petitioner demonstrates that the remaining Right of Way network provides the same
level of service to the surrounding properties.
f) OPEN SPACE
In addition to providing space for people to gather, interact, and travel, Right of Ways offer
open space benefits. This includes space between structures, connections to the community
5
surroundings, places for trees and vegetation, and contributions to the open space network. The
City will only vacate a Right of Way when the Petitioner demonstrates that any development will
have a similar resulting function.
g) LIGHT AND AIR
Right of Ways maintain access to light and air to their users and surrounding properties. The City
will consider loss of light and air, and shadow impacts in considering whether to approve a Right
of Way vacation. Of particular importance are shadow impacts on nearby spaces where public
may gather.
h) VIEWS
Right of Ways provide views to mountains, bodies of water, and the city itself. The City will
consider feedback from impacted property owners, the impacts on views of and from public
places, and views of the natural landscape.
i) LAND USE AND URBAN FORM
The Right of Way plays a significant role in the shape of the city. The City will consider the
relationship between the intended character of the area as described in the Comprehensive
Plan and adopted neighborhood, subarea, or community plans. The width and spacing of
streets, the presence and absence of connector streets, and the location and path of
boulevards, pedestrian trails, and other linear open spaces have significant impacts on
neighborhoods and how they function. The City will consider impacts that disrupt an existing
pattern of development in a neighborhood or area.
6
2) PUBLIC TRUST ANALYSIS
This section describes the components of the City's analysis in reviewing petitions under the public
trust doctrine.
In reviewing a vacation petition, the City evaluates the impacts of a vacation on the public trust,
mitigating measures, and public benefits proposed by the petitioner to determine if the vacation is
in the public interest. In balancing these elements of the public interest, the City will place primary
importance on protecting the public trust.
/
Right of Ways are dedicated in perpetuity for public travel and the movement of goods. The
designation of a Right of Way carries with it rights to circulation, access, utilities, public speech,
public use, open space, light, air, views, land use, and urban form. City government acts as the
public's trustee in managing the uses within the Right of Way. The City has an interest in protecting
the rights of those with the least access to other resources and those most likely to be harmed by
development. In that endeavor, the primary concern of the City in vacation decisions is to safeguard
the public's present and future needs.
Existing and potential future uses of the Right of Way, whether improved or unimproved, will be
identified during the vacation petition review All or a portion of the Right of Way may be retained
for public purposes, including potential future needs that are unknown at the time of review.
The City will consider the impacts of a vacation on the immediately surrounding neighborhood, the
broader city and, when appropriate, the region. The larger the project, the more the City's focus will
be on broader community impacts, particularly impacts on communities with the least access to
opportunity and most likely to experience the negative resulting impacts.
When several vacations are proposed for a particular area of the City by one or multiple petitioners,
City staff or Council may request that a comprehensive review be undertaken to determine the
cumulative effects of the vacations, particularly on circulation, access, land use and urban form, and
impacts to the overall city transportation network. City reviewers shall consider the impacts on the
larger transportation system, and impacts on the loss of the Right of Way proposed for vacation.
The requirements for a Right of Way Vacation petition is not limited to documents prepared for
other aspects of the project under review. To fully assess the impacts of a vacation on the public
trust, City departments, boards and commissions, and the Council may ask petitioners for additional
information regarding impacts.
a) CIRCULATION
Right of Ways provide necessary space for the movement of people and vehicles. Vacations may
be approved only if they do not result in negative effects on the current and future needs for
the City's vehicular, bicycle, or pedestrian circulation systems unless the negative effects are
fully mitigated by the petitioner. When the traffic functions of a street are necessary for the
transportation network, the City will not grant the vacation.
Arterial streets, truck routes, and truck streets may be vacated only when an alternative
circulation route is substituted and impacts of the loss of the street are mitigated.
The City will not approve vacations that:
i) Propose agreements for public vehicular travel across private property to offset impacts;
ii) Result in diverting truck or commercial traffic to nearby residential streets;
iii) May encourage traffic code violations, such as backing out from an alley onto a street;
7
iv) Result in a measurable reduction to the functionality or capacity of arterials or collector
streets, as defined by the City's Comprehensive Plan, that cannot be mitigated to a level of
no impact;
v) Result in increase response times for emergency responders;
vi) Result in non-conformance with City block length standards, or where block perimeter
standards are not met prior to vacation, any Right of Way vacation which results in an
increase in non-conformance block length;
vii) Result in an increase in vehicle or pedestrian trips on surrounding existing streets as a result
of the vacation of the Right of Way;
viii) Result in partial vacation of a Right of Way where the remaining Right of Way width is less
than that required in the Comprehensive Plan; or which creates a Right of Way island, where
the remainder is not connected or feasibly utilized for the transportation network.
Transit facilities and routes will be protected through the Right of Way Vacation process. Right
of Ways that are used by public transit agencies will be considered for vacation only after review
and comment by those agencies and identification of alternative locations or routes for those
transit functions.
Pedestrian circulation shall be protected when approving a vacation. Formal and informal
pedestrian routes, may be vacated only for public purposes, such as parks. Pedestrian
circulation functions of the Right of Way may be replaced by a pedestrian route across private
property only when:
ix) A major public benefit, as approved by City Council, is provided;
x) A perpetual agreement for public access across the property is reached;
xi) The public access to be provided is comparable in terms of safety, convenience, and
directness; and
xii) The free speech functions of the Right of Way will be maintained in public spaces.
Alleys and paths that are part of the pedestrian circulation system, may be vacated only when
comparable public pedestrian circulation is provided and the pedestrian environment along the
corridor is improved. Similarly, vacations resulting in a reduction of sidewalk width may be
vacated only when provisions are made to otherwise accommodate the pedestrian traffic. Right
of Way vacations that include unimproved pedestrian trails may be approved only when the
public pedestrian function is protected.
The continuity and integrity of existing and planned bicycle paths and bicycle lanes, will be
protected. Such streets and off-street pathways may be vacated only when a comparable or
better bicycle Right of Way is provided as part of the vacation. Bicycle access shall be
comparable in terms of safety, convenience, and directness .
If a vacation is granted, the Council may impose conditions on the vacation to reduce impacts on
vehicular, transit, freight, pedestrian, and bicycle circulation . Such conditions may be in addition
to any conditions resulting from environmental review or land use regulation.
b) ACCESS
Right of Way Vacation petitions may be approved only if access is retained to properties on the
block where the Right of Way is located and to properties on neighboring blocks or streets, or
through dedication and improvements by the Petitioner so an equal level of access is provided.
If the number of curb cuts along a street frontage is likely to be increased due to the petition,
the vacation will not be approved.
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If there is public parking on the Right of Way proposed to be vacated, the City will analyze if the
Petitioner's proposal for mitigation meets or exceeds the currently available parking. Only
petitions that improve parking availability and ease of use will be approved.
If a vacation is granted, the Council may impose conditions on the vacation to reduce impacts on
vehicular, freight, pedestrian, and bicycle access . The conditions may be in addition to any
conditions resulting from environmental or land use review and analysis.
c) UTILITIES
Right of Ways that contain or are needed for current or future utility lines or facilities may be
vacated only when the utility can be adequately protected with an easement, relocation, fee
ownership, or similar agreement satisfactory to the utility owner and the Petitioner has
obtained and provided the consent of all utilities.
Public Right of Way provide utilities with corridors for the efficient transportation of people and
goods, collection of solid waste, and delivery of utility services to the public in the least costly
manner possible. Utilities generally assess vacation petitions from an operational perspective to
ensure that a vacation will not impair current service reliability and capacity levels, nor limit the
ability to expand services in the future. The growth of telecommunications utilities above and
below ground, increased urban densities, and demand for undergrounding of utility facilities all
place pressure on the value of public rights-of-way, for future utility needs.
Utilities will be given an opportunity to review the proposed vacation, to identify existing and
future interests in the Right of Way, and to indicate what actions are necessary to protect their
interests and the interests of their customers. The petitioner is responsible for working with the
utilities to identify and address any utility issues . The petitioner shall ensure that each utility will
be in a similar position as before the vacation without detriment to current or future utility
services .
If utility easements are required to maintain service, the easements shall state the rights and
responsibilities of each party. Utilities may prohibit constructing buildings, structures, grading
and filing, and other uses over or under their easements where the activities would inhibit
operation of or prevent access to the utility facilities for maintenance and repair, cause extra
cost or liability to the utility, or affect the safety and integrity of the utility. Any costs for the
repair of damages to the improvements placed on or over the utility easement by the property
owner due to the utility maintenance repair or installation will be the express responsibility of
property owner.
The Council may impose conditions on vacations to assure continued service to the public in the
most efficient and least costly manner.
d) FREE SPEECH
Courts have recognized the role of Right of Way as spaces for public speech and dialogue . The
City will consider the potential loss of free speech activities when reviewing Right of Way
Vacations and will not vacate a public place if the loss of the public speech function cannot be
adequately mitigated .
Right of Ways are dedicated for public use and enjoyment. Vacations that solely result in the
private regulation of access to public property shall not be granted. Vacations are not
considered a solution to security problems and shall not normally be approved for this reason
absent extraordinary circumstances.
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The Council may impose conditions on vacations to preserve the public's right to free speech,
particularly within any privately-owned public space offered as a public benefit in exchange for a
Right of Way vacation.
e) PUBLIC ASSEMBLY
Right of Ways have always served as a place of public assembly. The City will consider the
importance and impact of the request on the community. Right of Ways that are adjacent to
public uses will be particularly scrutinized to ensure that the public's right to congregate will not
be impaired.
The City may impose conditions on vacations to maintain the public's right to assembly,
particularly within any privately-owned public space offered as a public benefit in exchange for a
Right of Way Vacation.
f) OPEN SPACE
The open space opportunities provided by Right of Ways are important resources that
contribute to quality of life and become more valuable as the City becomes more densely
developed. The contribution of this function to the public's existing and future quality of life is
an important consideration when reviewing each proposed vacation. The open space functions
provided by the Right of Way will be identified and the effects of their loss will be analyzed.
When the City determines that the open space function provided by a Right of Way shall be
retained, the Right of Way may be vacated only if the open space functions can be retained or
replaced by dedicating to the City other comparable Right of Way or by providing other publicly-
accessible property.
The impact of development associated with Right of Way Vacations on open space and
pedestrian amenities shall be limited. The analysis of the open space functions of Right of Ways
will consider the impact of the proposed vacation on :
i) The contribution of the Right of Way to open space areas;
ii) Use of the Right of Way as a space for play and recreation;
iii) The role of the Right of Way as an area of neighborhood focus and activity, and
iv) Privacy impacts resulting from the Right of Way open space being occupied by a proposed
structure.
The City will only approve vacation requests of undeveloped Right of Ways used by the
community as open space to facilitate development when the proposed mitigation exceeds the
existing conditions.
Existing and proposed urban trails, public paths, other rights-of-way connecting parks and open
spaces, or streets connecting the community with parks, schools, shorelines, or other public
facilities will not be vacated unless the Right of Way is exchanged for other land that provides
better pedestrian or bicycle pathways resulting in improved open space function.
The Council may impose conditions on vacations to mitigate any potential negative effects of
the vacation on the open space functions of the Right of Way.
g) LIGHT AND AIR
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The light and air opportunities provided by the Right of Way are important resources that
contribute to quality of life and public health and becomes more valuable as the City becomes
more densely developed. The contribution to the public's existing and future quality of life is a
consideration in each proposed vacation.
The analysis of the light and air functions of Right of Ways will consider the impact of the
proposed vacation upon the access to sun, light, and air circulation provided to pedestrians,
bicyclists, vehicle occupants, and abutting properties.
The analysis will include the potential shadow impacts of the increase in development potential
directly attributable to the vacation on nearby public parks and public open spaces . Any
potential impacts of the vacation on light and air will be compared with similar impacts that
would result from development without the vacation. Vacations generally shall not be approved
if the development proposed as part of the vacation request would result in additional
shadowing of parks or other public spaces.
The Council may impose conditions on a vacation to reduce shadow impacts.
h) VIEWS
The views provided along Right of Ways are important resources that contribute to the public's
quality of life. Views are of particular value to members of the public that do not have private
views. The contribution of this function to the public's existing and future quality of life will be a
consideration in reviewing vacations.
Within the City Center, as identified within the City's Comprehensive Plan, Right of Ways shall
not be vacated except when conditions are placed on the vacation to ensure public views are
preserved .
Right of Ways shall not be vacated unless the Petitioner ensures that the areas above the former
Right of Way remains open to the sky and to protect views from uphill public spaces. Public
views worthy of protection include, but are not limited to views:
i) From public streets, public open spaces, or public places;
ii) From a substantial number of residences or properties abutting the Right of Way proposed
to be vacated,
iii) Of important natural features, such as mountains, waterbodies, and public greenbelts; and
iv) Of designated landmarks and points of cultural or civic interest.
Potential view impacts from a vacation will be identified and compared with a no vacation
alternative. The quality of impacted views will be considered when evaluating each proposed
Right of Way vacation .
The Council may impose conditions, including height limitations on development, on vacations
to mitigate any potential negative effects of the vacation on the view functions of the Right of
Way.
i) LAND USE AND URBAN FORM
Vacations affect the land use and development patterns in an area by adding to the developable
land base, altering the local land division pattern, changing vehicular and pedestrian movement
patterns, and increasing the development potential on the vacated and abutting properties.
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Typically, Right of Way Vacation petitions are intended to facilitate a development project.
Petitioners shall provide the City with information about the completed project's density and
the development potential of the property without a vacation. The information shall be
provided as the percentage increase in the development potential and the additional square
footage added to the project.
Petitioners shall provide the City w ith information on how the project advances City planning
goals, how it relates to City Comprehensive Plan, and how the project meets the zoning criteria
where the project is located.
A vacation petition may be approved only when the increase in development potential that is
attributable to the vacation would be consistent with the Comprehensive Plan . The criteria
considered for making individual vacation decisions will vary with the plans, policies, and
regulations for the area where the Right of Way is located. The Council may place conditions on
a vacation to mitigate negative land use effects.
Vacations may be approved only when the remaining Right of Way network meets the
maximum block perimeter requirements, or in areas where the block perimeter requirements
are not met prior to the vacation petition there is no increase in non-conformance.
i) Land Use Considerations
To determine if the land use and urban form effects of a vacation are in the public interest,
the following factors will be considered:
(1) The long-and short-term effects of the changes in development potential attributable
to the vacation on the circulation, access, utility, light, air, open space, and view
functions of nearby streets and public places;
(2) The consistency of land use changes with the Comprehensive Plan, particularly in the
land use, transportation, and neighborhood elements of the plan;
(3) The compatibility of the size, scale, and character of potential development with the
size, scale, and character of existing development in the area and development as
provided for by the Land Use Code, given typical lot sizes and configurations;
(4) The compatibility of the size, scale, and character of the blocks formed by the vacation
when compared with the size, scale, and character of existing blocks in the area and
goals for pedestrian connectivity and circulation; and
(5) The post-vacation lot size and configuration compared with surrounding properties and
with the local pattern of land division and organization .
In areas where streets provide an edge or boundary between zones or areas of different
scale and character, the Right of Way may be vacated only when a suitable alternative
boundary buffer can be achieved with the proposed vacation.
In addition to the general Right of Way vacation policies and guidelines, Comprehensive Plan
policies for the area and the relationship between the proposed vacation to other City plans
and policies such as transportation modal plans will be used to determine if the land use
changes of each vacation are in the public interest.
ii) Area-specific review
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Guidelines related to specific areas are provided below. They shall be used to supplement
the general provisions and guidelines of these policies and other policies for protecting the
public interest.
(1) Urban Centers and Urban Villages
In addition to other guidance regarding specific land uses described below, for Urban
Centers and Urban Villages the policies of adopted neighborhood plans will be
considered, as appropriate.
(2) Manufacturing/Industrial Centers
Many Right of Ways in or adjacent to Manufacturing/Industrial Centers provide
transportation for freight transport, loading, and delivery. Impacts on truck routes,
intersections, and access points as a result of Right of Way vacations may impact supply
chains that serve areas outside the immediate area of vacation. The capacity and
functionality of these critical corridors will be preserved.
(3) Single-family areas
Right of Ways in single-family areas provide a number of public benefits including
providing for consistency in the pattern and scale of development and providing
important open space in a neighborhood . Except as noted below, Right of Ways in
single-family areas shall be retained as these areas may be needed to provide for public
uses, such as utility corridors that cannot be currently identified or anticipated. Petitions
for vacations in single-family areas shall be reviewed by the same criteria as applied to
other vacation petitions, including the requirement that the vacation provide a long-
term benefit to the public.
Clustered housing and other planned housing developments or innovative housing
initiatives in single-family-zoned areas shall be reviewed based on the criteria
established for the review of multifamily areas.
(4) Multi-family areas
In general, Right of Ways in multifamily areas will be retained to aid in vehicular, bicycle,
and pedestrian circulation and neighborhood access. Petitions will be reviewed for
potential impact on neighborhood traffic volumes, associated noise, and access.
(5) Commercial, mixed-use, and City Center areas
In general, Right of Ways in commercial, mixed-use, and City Center areas will be
preserved to facilitate moving goods and people and maintain access to property that is
separate from pedestrian routes. In general, these Right of Ways will be retained unless
it can be demonstrated that the vacation meets another important public purpose
without jeopardizing the area's functioning and its compatibility with surrounding areas.
A vacation must preserve access to off-street loading and parking areas and the
continuity of street fronts, particularly in areas with pedestrian activity.
(6) Shoreline overlay districts
Vacation of a Right of Way that abuts a waterbody is regulated by RCW 35.79.035.
(a) The City will consider vacating Right of Ways that abut a salt or fresh waterbody
only if the vacation is sought to enable the City to acquire the property for beach or
water access purposes, boat moo rage or launching sites, park purposes (including
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open space preservation), public view, recreational purposes, water-dependent or
water-related educational or interpretive purposes, water quality improvement
purposes, or other water-dependent or water-related public uses.
(b) To preserve future public access opportunities, the option of leasing Right of Way
ends, as permitted in RCW 35.23.410, shall be explored as an alternative to
vacation .
(c) Vacations of public Right of Way abutting any waterbody may be approved only
when comparable or improved public access is provided. Providing new public
access shall not be considered a public benefit for the purposes of these policies .
(d) Right of Way that is needed for vehicular access to the water may be vacated only
when comparable access will be provided.
(e) If upland Right of Way is needed for public access to waterfront Right of Way or
other public access to the water, it may be vacated only when comparable or better
public access is provided.
(7) Environmentally critical areas
Right of Ways in geologic hazard areas and steep slope erosion hazard areas, wetlands,
flood plains, fish and wildlife habitat conservation areas, or other critical areas shall
generally be retained to reduce development intensity in environmentally critical areas
and to protect public health, safety, and welfare.
iii) Land use conditions on vacations
The Council may place conditions on vacations to guard against the negative land use effects
of additional development potential attributable to the vacation and to ensure that policy
objectives are met, as follows:
(1) The conditions will be related to the identified negative effects attributable to the
vacation .
(2) Land use conditions will be stated in terms of development parameters, such as floor
area maximums or building envelopes that may not be surpassed and will generally run
with the land.
(3) Land use conditions imposed on a vacation do not preclude related project conditions
being imposed under SEPA. If a vacation-related proposal is subject to SEPA review, the
review may reveal the need for SEPA conditioning that reduces the upper limits placed
on the vacation.
(4) Land use conditions imposed on a vacation, in addition to conditions applied pursuant
to the Land Use Code, SEPA, the Building Code and other City codes, will be relied on to
regulate post-vacation development.
(5) Approval of a Right of Way vacation is not City approval of the development project for
the site and shall not relieve the petitioner of obtaining all necessary land use approvals,
building permits, Right of Way use permits, or other City approvals before developing
the site.
j) OTHER CONSIDERATIONS IN PUBLIC TRUST ANALYSIS
i) Undeveloped Right of Ways
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Vacation of undeveloped Right of Way sections will generally be discouraged to:
(1) Retain the existing pattern of extra setbacks and open space in residential
neighborhoods;
(2) Provide opportunities for pedestrian and bicycle amenities and connections;
(3) Preserve opportunities for utility connections;
(4) Ma i ntain areas of natural scenery along view streets and boulevards;
(5) Provide a buffer between land uses and zoning districts; and
(6) Provide continuity of wildlife habitat corridors.
ii) Subsurface Vacations
Subsurface Right of Way vacations may be approved only when protection against future
impairment of the street's surface is assured, current and future utility functions are
provided for, and the City is adequately protected from potential liability from failure of the
surface and any other retained segment below grade due to problems with the underlying
structure. A subsurface vacation shall maintain or improve all current and planned functions
of the Right of Way and shall not increase traffic impacts on surrounding Right of Way .
Subsurface vacations shall consider future use of the subsurface portions of the Right of
Way for future utility needs and future transportation needs.
A subsurface vacation shall, at a minimum, be deep enough to provide space for a utility
corridor large enough to accommodate all utilities currently serving the area and potential
future utility needs. The Council may require that a project including a subsurface vacation
provide a utility corridor or other mitigation of impacts on potential future utility needs . The
subsurface vacation shall be designed so that there will be no impact to the public nature
and the surface functions of the Right of Way.
iii) Aerial vacations
Aerial vacations will be considered only in limited circumstances. Aerial portions of the Right
of Way are an important resource providing light, air, open space, and consistency in the
development pattern. These aerial portions are an important public trust function of the
Right of Way.
Aerial vacations will be considered only as follows:
(1) For the development or expansion of public facilities, public institutions, or non-profit
institutions, the petitioner shall demonstrate to the satisfaction of the Council that no
feasible development alternative exists; and
(2) That neither a Right of Way lease or subsurface vacation can adequately meet the needs
of the petitioner.
Petition review shall include specific review of the impacts of the proposed aerial structure,
including addressing items as the design of the structure and its dimensions, transparency,
material quality, the scale of the project including the aerial portion, and the impact on the
streetscape below the structure . The public trust functions of light, air, open space, and
views will be carefully reviewed for aerial vacations . The Council shall require mitigation
specific to the urban design impacts of the aerial structure .
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iv) Trade or exchange of property
The review of any vacation may consider the opportunity for exchange of property. Any
proposed property exchange shall identify property the City is willing to accept. The
Petitioner shall be responsible for providing, as needed, title insurance, environmental site
assessment and environmental remediation, deeds in a form acceptable to the City, and
filing and recording fees or escrow. Additionally, the petitioner shall be responsible for any
taxes resulting from the transfer. Exchanges may be considered when the property:
(1) Would be useful to mitigate or enhance the various aspects identified in the property
proposed to be vacated, such as exchanging a vacation for a street conforming to the
ultimate built condition in the Comprehensive Plan;
(2) Would result in better circulation and access than is provided for by the current street
grid, by aligning misaligned streets;
(3) Would exchange property identified as open space for property that would create a
contiguous open space parcel; or
(4) Would shift development from property identified as open space to a property with less
environmental impact.
v) Alternatives to vacation
When reviewing the petitioner's indicated use of the property, the City may consider the
practicality of issuing Right of Way use permits to provide for temporary uses. In
circumstances where a Right of Ways use permit can accommodate the uses indicated by
the petitioner, a permit is preferred and a vacation will not be granted. A Right of Way use
permit as an alternative to a Right of Way vacation may be issued under the following
conditions:
(1) The private use of an undeveloped Right of Way does not hinder the achievement of any
identified objectives;
(2) Private landscaping or gardening of undeveloped Right of Way may be allowed with a
Right of Way use permit, provided that public pedestrian access and circulation and
access to shoreline areas are retained; and
3) Street corridor views are not obstructed.
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4) ANALYSIS OF PUBLIC BENEFITS OF THE VACATION
a) PUBLIC BENEFIT REQUIREMENT
A vacation shall include a commitment to provide public benefits. The concept of providing a
public benefit is derived from the public nature of Right of Ways. Right of Ways, whether
improved or unimproved, provide important benefits to the public. Among the various benefits
are preserving the street grid that provides for consistency in the development pattern and
influences the scale and orientation of buildings. These benefits are in addition to the public
functions provided by Right of Ways, including:
i) Moving people and goods in vehicles, on foot, or by bicycle; and providing for current and
future utility services, and for street trees and other amenities.
ii) The City acts as a trustee for the public in its administration of Right of Ways. Courts have
required that in each vacation there shall be an element of public use or benefit, and a
vacation cannot be granted solely for a private use or benefit. Therefore, before this public
asset can be vacated, there shall be a permanent, long-term, benefit to the public.
iii) The fact that these benefits are provided equally to all members of the public may be most
important to those who have the least. To best addres.s the needs of the community, a
strong focus on social equity is important in assessing the public benefits included as part of
a Right of Way vacation petition.
iv) Proposed vacations may be approved only when they provide a permanent, long-term,
public benefit. Because the public permanently loses the Right of Way, short-term public
benefits or public benefits that solely benefit individuals will not be considered. The
following are not considered public benefits:
(1) Mitigating the vacation's adverse effects;
(2) Meeting code requirements for development;
(3) Paying the required vacation fee;
(4) Facilitating economic activity; or
(S) Providing a public, governmental, or educational service.
While the nature of the project is a factor in deciding the adequacy of a public benefit proposal,
it is not itself a public benefit.
Consequently, the public benefit shall exceed elements required by City Code or mitigation
required under SEPA or other regulations and is in addition to Right of Way vacation fees and
other obligations. The petitioner's public benefit proposal shall recognize the loss of the benefits
provided by the Right of Way to the public and the gains received by the petitioner. The public
benefit proposal should also consider the comments, ideas, and concerns voiced by the public in
the early community engagement process.
The public benefit analysis should balance what the public loses through the vacation with what
the public will gain from the project. The comparison is intended to be an element of evaluating
a public benefit proposal. The public benefit should not merely be compensatory and should
provide a benefit to the public. In particular, public benefits that address the needs of those
members of the public most vulnerable to the negative impacts of development.
The proposal to provide a public benefit does not entitle a petitioner to a vacation; the decision
whether to grant a vacation is based on a holistic review of all elements in these policies. The
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petitioner shall provide objective information about the public benefit proposal, such as budget,
dimensions, materials, and other relevant facts. The public benefit proposal shall include a table
or chart that details the public benefit elements, the cost/budget, timing of implementing the
public benefit elements, whether the elements are required by code, and additional information
as requested by the City.
As part of the petition process, the petitioner shall provide information to the City regarding the
public benefit proposal. The City will assist the petitioner in refining and developing the public
benefit proposal. The Council will make the final determination as to whether the public benefit
package is acceptable.
Several factors will be considered in identifying whether a public benefit package is sufficient,
including the:
• Zoning designation;
• Street classification of the Right of Way to be vacated;
• Traffic volumes on the street proposed to be vacated;
• Designation of the street in transportation modal plans and functions of the street in modal
networks;
• Square footage of the project;
• Square footage of the area to be vacated;
• Vacated area's contribution to the site's development potential, including the percentage
increase of the project and additional square feet; and
• Cumulative impacts of vacations in the area.
The following factors are not public benefits, but may be considered when reviewing the public
benefit package:
• Project compliance with City policies, goals, and the Comprehensive Plan;
• Proposals designed to improve race and social equity, improve access to opportunity, and
reduce the threat of displacement by providing quality jobs or education to communities
with low access to opportunity or increasing the supply of affordable housing beyond City
requirements;
• Addressing the effects of the vacation on vulnerable low-income populations;
• Providing affordable or special needs housing, job training, or other human services;
• The public nature of the project;
• Ideas resulting from the early community engagement process;
• Neighborhood support or opposition;
• Broad-based community support or opposition;
• Support or opposition from non-governmental organizations or other government entities;
• Agreements with non-governmental organizations or community-based organizations to
provide benefits beyond those proposed for the Right of Way vacation;
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• Protecting landmarks and other historic/community resources; and
• Protecting environmentally sensitive lands.
b) PUBLIC BENEFITS IDENTIFIED
Public benefit proposals may be informed by needs and ideas identified through community
engagement. Public benefits may include, but are not limited to:
i) Physical public benefits
The City may accept a commitment to provide and maintain physical benefits that serve the
public, including but not limited to:
(1) Creating or enhancing publicly-accessible plazas, open spaces, or other green spaces;
(2) Streetscape enhancements beyond those required by codes such as widened sidewalks,
stairways, additional street trees or landscaping, street furniture, pedestrian lighting,
wayfinding, art, or fountains;
(3) Public art;
(4) Enhancing the pedestrian or bicycle environment;
(5) Pedestrian trails, accessible public routes providing access through the site, and
improvements to existing public stairs;
(6) Space5 that 511rrnrt C:ity gn;:115 fnr soc:ial PClllity;
(7) Bicycle paths, protected bike lanes, or cycle tracks;
(8) Other improvements to the pedestrian or bicycle environment, such as intersection
safety improvements;
(9) View easements or corridors;
(lO)Preserving landmark buildings or other community resources; or
(ll)lmplementing an element from a City adopted Neighborhood Plan or other City adopted
plans.
ii) Programmatic public benefits
The City may accept a long-term or permanent commitment to undertake a program to
address systemic inequities as a public benefit. The City will not accept a short-term
proposal or a proposal to fund an existing program. The City will look for a long-term
commitment to the program and may impose conditions on the proposed public benefit to
ensure that the long-term nature of the benefit is ensured.
iii) Real Property
The City may accept real property as a public benefit. The property proposed to be
conveyed must be property the City is willing to accept. The petitioner is responsible for any
costs associated with the conveyance including appraisals, title work, environmental site
assessment and remediation, deeds or other document production, taxes on the
transaction, or other expenses related to the conveyance of real property, including
environmental remediation. Where other conditions or specific mitigations require
dedication of land, such dedication is a mitigation of impacts and will not constitute a public
benefit.
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iv) Payment of Funds
Where the City has an identified project on Its Transportati on Improvement Plan that wou ld
provide an eq ual or above publlc benefit and the Petition has demonstrated to the City's
sati sfaction that ft is not practicable to provide or develop !)Ublic benefits such as those
listed above, at the City's sole. discretion, it may accept the. payment of in-lieu funds for the
identified project provided the project can be constructed in a City determined reasonable
time frame concurrent with the Petitioner's proposal to provide the public benefit. A
payment to meet public benefit obligations does not substitute for paying the required Right
of Way vacation fee or meeting any other policy requirements.
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S) PROCESS FOR CITY REVIEW OF RIGHT OF WAY VACATION APPLICATIONS
a) GOALS/INTENT OF PROCESS
Depending on the complexity and completeness of the Petitioner's application, a Right of Way
vacation review process can be lengthy and complicated. While City Council is the ultimate
decision-maker, the Council looks to City departments and the land Use and Transportation
Committee to provide a thorough review and analysis of a petition based on City Code, City
Policies, and the interests of the public. Review timeframes of a Right of Way vacation petition
largely rely on the timeliness and responsiveness of the petitioner to requests for information
and comments.
This section is to provide transparency and predictability for petitioners, the public, and City
departments.
b) PETITIONERS
RCW Chapter 35.79, restricts petitions for Right of Way vacations to "owners of an interest in
any real estate abutting upon any street or alley." A petition shall be filed first with the Public
Works Department and subsequently with the City Clerk in accordance with the requirements of
this section. If the petition contains all required information and is signed by the owners of two-
thirds of the property owners adjacent to the Right of Way to be vacated, the City will proceed
with analyzing the petition.
' The Council may also initiate a Right of Way vacation process through a resolution. City Council
will initiate Right of Way vacations by resolution only for a public purpose or when extraordinary
circumstances prevent following the petition process. If the Council initiates a petition, all other
aspects of these policies, including protecting the public trust and the requirements for
providing a public benefit still apply.
c) PRE-PETITION ACTIVITIES
In preparing to file a petition for a Right of Way vacation, consult with Public Works staff on the
feasibility of the petition. A meeting to discuss feasibility with City staff and other interested
agencies, utilities with facilities or jurisdiction will be held.
Prior to submitting a vacation petition, the petitioner is required to:
i) Prepare a community engagement plan. The Right of Way vacation petition shall include a
community engagement plan and a report on early community engagement;
ii) Conduct early community engagement according to the community engagement plan;
iii) Present the vacation at a regularly scheduled meeting of the Land Use and Transportation
Committee; and,
iv) If the project is a Capital Improvement Project brought by the City or any other public
agency, present an evaluation of vacation and no-vacation alternatives.
d) REQUIRED COMPONENTS OF THE PETITION
Petitions shall be submitted to Public Works through the City's Permit Center with all required
supporting documentation. Petitions submitted with incomplete or missing required
information will be returned to the petitioner with no action. Once the petition is determined to
be complete, Public Works will file the petition with the City Clerk, which begins the formal
review of the petition.
21
Petitions shall, at a minimum, include the following:
i) Site information:
(1) Identification of the Right of Way proposed for vacation, including a legal description
and, if Public Works determines it is necessary, survey and title work;
(2) Site and topographical maps; and
(3) Signatures of the owners of more than two-thirds of the property abutting the Right of
Way proposed for vacation.
ii) Project information:
(1) Information identifying the development team; and
(2) Location and description of the project proposed for the site, including preliminary
project site plans.
iii) Land use information:
(1) Current zoning and Comprehensive Plan land use designation;
(2) A summary of current applicable City plans and policies, including Comprehensive Plan
policies;
(3) Identification of any land use actions required to develop the project and a report on
the status of each of those reviews;
(4) A comparison of development of the site with and without a Right of Way vacation;
(5) An urban design analysis of the area surrounding the project site that includes½ mile
area surrounding the vacation;
(6) An analysis of the land use and urban design impacts of development; and,
(7) An analysis of the impacts of the vacation on existing essential public facilities;
iv) Transportation information:
(1) Information regarding the Right of Way to be vacated, including the current use and
design of the street;
(2) Designation of the street, including street type;
(3) Analysis of the transportation impacts of any loss of Right of Way, including impacts to
transit, freight, pedestrian, and bicycle circulation and access; and
(4) Analysis demonstrating the capacity of the transportation network with and without the
vacation and identifying mitigation measures, if necessary, to mitigate any reduction in
vehicular, pedestrian and bike capacity.
v) Utility information:
(1) Identification of all utilities in the Right of Way.
vi) Historic sites or buildings:
(1) If the Right of Way vacation would include or would be adjacent to a historic landmark
or site, identify any historic resources and provide a determination of completeness for
an application for a certificate of approval from the relevant board.
22
vii) Community engagement:
(1) The community engagement plan and a report on all community engagement
completed to date, including a report on comments from the public and how the
petition responds to those comments;
(2) If the project is in an urban center, urban village, or other area covered by a
neighborhood plan, the goals and policies from the neighborhood plan; and
(3) If the project is in or adjacent to a zoned Manufacturing or Industrial Land Use, the goals
and related policies from the Comprehens ive Plan , and input from businesses and public
agencies that may be impacted by the vacation.
viii) Right of Way vacation policies :
(1) A preliminary outline on how the vacation meets or addresses the Right of Way vacation
policies; and
(2) A preliminary public benefit proposal.
ix) Environmental review:
(1) If environmental review is requ i red for the project, a SEPA checklist .
x) Appraisal :
(1) An appraisal report of the area requested to be vacated, completed by a certified
appra iser .
xi) Previously rejected Right of Way vacations:
(1) If the Council has previously rejected a Right of Way vacation petition for part or all of
the Right of Way proposed to be vacated, the new petition should explain how
circumstances have changed since the previous Council vote .
xii) Filing fee
(1) A filing fee shall be paid pursuant to the current adopted fee schedule .
e) REVIEW PROCESS
There are two stages to the Right of Way vacation review: public trust analysis and public
benefit analysis . The following steps will provide for review of a Right of Way vacation petition.
Each step may be iterative and may take multiple rounds of review depending on the complexity
of the project or the quality of the information provided. While Right of Way vacations are
legis l ative actions that are not subject to the specific timelines for review that apply to land use
permits, City staff will work with the petit ioner to make the process as efficient as possible,
assuming all necessary information to support City staff efforts is provi ded by the applicant i n a
timely manner.
i) Circulating the petition
After Public Works files the complete petition with the City Clerk, Public Works will circulate
the petition to City departments, South King Fire Department, Federal Way School District,
utilities, transit agencies, and other organizations as appropriate or requested by Council.
ii) Early Council Briefing or Forum
Upon receipt of a complete petition Public Works will provide an informational briefing to
the Land Use and Transportation Committee .
When the committee deems it appropriate, they may request a briefing for the full Council.
23
The Land Use and Transportation committee may also direct staff to work with the
Petitioner to host a briefing or public open house on the Right of Way vacation petition prior
to commencing technical review. The purpose is to provide the public with an early
opportunity to provide input on the vacation to the Council, the petitioner, and City
reviewers.
iii) Public Trust Analysis
The Public Works department will make the petition available to other City departments,
South King Fire Department, Federal Way School District, utilities, transit agencies, and
other organizations as appropriate, may review the public trust elements of the petition and
provide comments to Public Works on whether the petitioner has fully analyzed the impacts
of the proposed vacation along with developing mitigating measures to address any such
impacts. Public Works will provide the Petitioner with any comments and provide the
Petitioner an opportunity to respond to the comments. This may result in multiple rounds of
review, comment, and refinement of the analysis and petition with subsequent information
to adequately addresses the impacts of the vacation. Additional information may be
requested from the petitioner to complete the analysis.
If an environmental impact statement is required, the Land Use and Transportation
Committee will not make a final recommendation to the Council on the public trust
elements of a Right of Way vacation petition until a Final Environmental Impact Statement
has been published.
If an environmental impact statement is not required, the Land Use and Transportation
Committee will only make a final recommendation on the public trust elements of a Right of
Way vacation petition when sufficient information to assess the impacts of the vacation on
the public trust functions has been compiled.
For City Capital Improvement Projects seeking a vacation, the Land Use and Transportation
Committee shall also have approved the project concept, or 30% review, either before or
concurrent to making any final recommendations on the public trust analysis.
Non-city public agencies seeking a vacation may request the Land Use and Transportation
Committee, through a request to Public Works, to review and make a preliminary
recommendation to the Council on the public trust analysis concurrent with submission of a
30% project submission and issuance of a draft environmental impact statement, provided
that sufficient information to assess the impacts of the vacation on the public trust functions
has been submitted by the petitioner. Subsequent substantial changes to the 30% drawings,
at the sole determination of the City, may invalidate the public trust analysis and require
additional or updated analysis. No final action will be taken until after a Final Environmental
Impact Statement has been published.
The Public Works Director shall prepare a report on the vacation petition request and make
an overall recommendation on the petition, addressing each component of the public trust
analysis and any recommended mitigation, to the Land Use and Transportation Committee.
The Land Use and Transportation Committee will consider comments and issues identified
by City Departments, South King Fire Department, Federal Way School District, utilities,
transit agencies, and other organizations, and, as relevant, other City Boards and
Committees, and make a recommendation to the Council on the public trust elements of the
petition . The Public Works Director shall incorporate the Committee's recommendation into
24
the report on the public trust elements of the petition and make a final recommendation to
the full Council.
iv) Public Benefit Analysis
The intent of the public benefit analysis phase of the Right of Way vacation review is to
ensure that adequate public benefits will be provided to offset the loss to the public of the
public trust functions. This review will be guided by these policies.
City departments, South King Fire Department, Federal Way School District, utilities, transit
agencies, and other organizations as appropriate, may review the public benefit analysis and
provide comments to Public Works. Public Works will provide the Petitioner with any
comments and provide the Petitioner an opportunity to respond to the comments. This may
result in multiple rounds of review, comment, and refinement of the analysis with
subsequent information to adequately resolve the comments. Additional information may
be requested from the petitioner to complete the analysis.
For City Capital Improvement Projects seeking a vacation, the Land Use and Transportation
Committee shall also have approved a 60% review either before or concurrent to the
Committee making any final recommendations on the public benefit analysis.
Non-city public agencies seeking a vacation may request the Land Use and Transportation
Committee, through a request to Public Works, to review and make a preliminary
recommendation to the Council on the public benefits analysis concurrent with submission
of a 60% project 5ubmi55ion and 5Ubscqucnt to issu;:ince of a dr;:ift environment31 imp3ct
statement, provided that sufficient information to evaluate the public benefit analysis has
been submitted by the petitioner. Subsequent substantial changes to the 60% drawings, at
the sole determination of the City, may invalidate the public benefit analysis and require
additional or updated analysis. No final action will be taken until after a Final Environmental
Impact Statement has been published.
At the recommendation of the Land Use and Transportation Committee, the City Council
may convene a subcommittee consisting of Council or Commission members, City staff, and
individuals with expertise related to items within the public benefit analysis to receive public
comment and review public benefit packages.
The Public Works Director shall prepare a report on the public benefit analysis and make an
overall recommendation, addressing each component of the public trust analysis and any
recommended mitigation, to the Land Use and Transportation Committee. The Land Use
and Transportation Committee will consider comments and issues identified by City
Departments, South King Fire Department, Federal Way School District, utilities, transit
agencies, and other organizations, and, as relevant, other City Boards and Committees, and
make a recommendation to the Council on the public benefits elements of the petition. The
Public Works Director shall incorporate the Committee's recommendation into the report
on the public benefits elements of the petition and make a final recommendation to the full
Council.
The Land Use and Transportation Committee will consider the recommendations of the
subcommittee, City departments, and public testimony in developing a recommendation to
the Council on the public benefit package.
v) Final Recommendation
25
Public Works will compile all recommendations and comments on the public trust analysis
and the public benefit package. The Public Works Director will prepare a recommendation
and a resolution setting a public hearing date for the Right of Way vacation for presentation
to the Land Use and Transportation Committee and then City Council.
vi) Council Review and Conditional Approval
The Council will hold a public hearing on the petition. It will consider public comments, the
recommendations of the Public Works Director, City departments, South King Fire
Department, Federal Way School District, utilities, transit agencies, and other organizations
as appropriate. The Council may ask for additional information from the petitioner related
to the public trust analysis or public benefit proposal before deciding whether to approve
the petition.
If the Council grants a Right of Way vacation, its initial approval will be conditional. The
Council grants a Right of Way vacation subject to conditions to ensure the project is built as
proposed, to mitigate any impacts, to assure the provision of the public benefit, and to
guarantee required fees are paid. Following this conditional approval, City departments may
issue other necessary permits and the petitioner may proceed with developing the project.
Before beginning work that would alter the Right of Way, the petitioner shall submit and
obtain approval of a plan documenting how and when each condition will be met. Once
approved, the petitioner shall obtain any required permits from Public Works for work
within the Right of Way prior to it being vacated. The petitioner shall fulfill the conditions in
a manner approved by the City. As the development proceeds and the petitioner works on
meeting the conditions, regular reports shall be provided to Public Works.
The petitioner bears the responsibility for satisfying the conditions and all costs associated
with satisfying the conditions. The conditions imposed on a vacation vary and the means to
assure compliance will also vary as follows:
(1) Time for completion: Conditions will be placed on the vacation requiring starting
development by a certain date and completing development by a certain date. The
maximum time for starting development will be 12 month and completion of
development will be 5 years, unless the petitioner demonstrates special circumstances
and the Council approves longer time frames. If work is not started or completed within
the stated period, the petitioner will be required to receive approval from the Council to
extend the conditional approval. If construction work has not started within the stated
period the Council may require that a new petition be filed, and the vacation be
reviewed anew.
(2) Conditions related to the development: Conditions related to developing the project
vary and may be imposed to address design, transportation issues, to mitigate impacts,
or as related to providing the public benefit. These types of conditions are generally met
by completing the project. The City may require a performance bond or other method
to ensure the work is completed.
(3) Conditions related to utilities: Following the vacation conditional approval, the
petitioner shall perform all identified work associated with utilities identified in the
vacation conditions. All easements, restrictive covenants, and relocation agreements
shall be executed before the vacation ordinance is passed. If acceptable to the utility, a
performance bond may be posted before final vacation approval.
26
(4) Transportation Conditions: Any conditions imposed to ensure the smooth and safe
operation of the transportation network, including constructing required improvements,
shall be carried out before the vacation ordinance is passed.
(5) Conveying real property: If the conditions require the dedication of property, exchange
of property, or the dedication of Right of Way, the petitioner shall convey the property
before the vacation ordinance is passed. The petitioner shall convey property
acceptable to the City and provide an acceptable deed form, title insurance,
environmental site assessment and environmental remediation, perform any other
review deemed necessary by the City, and pay any applicable taxes.
(6) Conditions that extend beyond the development phase of the project: For conditions
that will last for the life of the project such as public benefit requirements, areas to
remain accessible to the public, or any other item deemed by the City to extend beyond
the development phase, a Property Use and Development Agreement (PUDA),
easement, or other binding mechanism acceptable to the City shall be required and
recorded before the vacation ordinance is passed.
(7) Payment of fees: All fees shall be paid before the vacation ordinance is passed. Any
conditions that require the payment of funds shall occur before the vacation ordinance
is passed.
In no circumstances will the City pass a final vacation ordinance without certainty about
completing all required conditions and paying all required fees.
vii) Final Right of Way vacation
Once all conditions have been satisfied, Public Works will prepare and the Council will
consider and pass a final Right of Way vacation ordinance granting control of the Right of
Way to the abutting property owners.
Unless otherwise stipulated in the Petition, when more than one party owns property
abutting the Right of Way, the Right of Way will be divided so that each side of the Right of
Way receives the part of the Right of Way closest to their property.
viii) Costs and Fees
The costs and fees associated with a vacation are established in the City of Federal Way fee
schedule. The petitioner is responsible for preparing and providing information necessary to
respond to City questions or concerns. Additional costs may include required mitigation
measures and the costs associated with providing the public benefit.
To protect the integrity of the legislative Right of Way vacation review process, a notarized
statement shall be signed by the petitioner and included in the petition for the proposed
vacation. The statement shall indicate that the petitioner acknowledges that the vacation
petition may be subsequently denied at the Council's discretion; and that any financial
commitment the petitioner has made before vacation approval is at their own risk and will
not be a factor in the Council's decision on the proposed Right of Way vacation.
27
CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
CHECKLIST
This checklist is intended to provide an overview of key requirements for submission, see the Administrative Street
Vacation Policies for additional information.
STEP 1: Before Applying -
n Contact Public Works -Development Services to discuss feasibility and alternatives
• Schedule and conduct a pre-application meeting
LJ Prepare a written initial community engagement plan consistent with the WSDOT Community Engagement Plan
Guide
[l Conduct early community engagement and collect feedback
STEP 2: Petition -
1. Complete the attached Request for Petition Form and submit it to Public Works.
2. Collect signatures on the provided form(s).
3. Once signatures have been collected, proceed to Step 3.
Note: The City will provide the petition signature form after the information in step 1 is submitted.
STEP 3: Application for Vacation -
Submit the completed Right of Way Vacation Application Form, all pages of the signed petition forms, and all required
supporting documentation.
Applications submitted without all required information will be returned to petitioner with no action. Once Public Works
has determined all required information has been provided and is complete, Public Works will file it with the City Clerk,
which commences the review process.
Five (5) hard copies and an electronic copy, in file formats acceptable to the City, of the following minimum information
is required:
11 Completed petition forms with notarized signatures of 2/3 of adjacent property owners proposed to be vacated.
o Petition must contain signatures of property owners on both sides of street, even if only a portion of the
Right of Way is sought for vacation.
o For property owned by other than an individual, petition must include notarized signatures of two
authorized officers. Submittal must also include documentation demonstrating the authorized officer's
authority to bind the entity.
n Project description, including:
o Dimensions, height, stories, parking, land use and site access for all modes of transportation for both
existing and proposed conditions
o Site plans, elevations, conceptual building drawings and renderings demonstrating proposed conditions
o Description for the reason the vacation is needed, including what the vacation contributes to the
property, and the increase in development potential attributable to the vacation
o Provision for a "no vacation" alternative, describing what could be built on site without a vacation. Site
plans showing a layout with no vacation must be provided and document why it is in the public's
interest to vacate the Right of Way
o Proposed development timeline
o Project construction value, itemized by AIA specification numbering
o Project taxable value
LI Site Information:
o Legal description of street proposed to be vacated, prepared and sealed by a Licensed Surveyor
o Site, zoning, overlay and topographical maps, identified site constraints
I .I Project Information:
o Development and consultant team contact information
o Background information on petitioner proposing vacation
o Documentation showing the petitioner has legal authority to initiate the petition
o Map of Right of Way proposed for vacation
o Desc r iption of existing conditions and uses
rJ Land Use Information :
o Current Zoning and Comprehensive Plan Land Use designations
o Summary of City plans and policies impacted
o Identification of land use actions by both the City and other regulatory authorities required to develop
the project
o Comparison of development with and without the vacation
o Urban design analysis of area surrounding the project site that includes a minimum of½ mile in all
directions
o Analysis of land use and urban design i mpacts of development
o Analysis of impacts on essential public facilities
n Transportation Information:
o Current use and design of the Right of Way
o Roadway designation, including street type
o Analysis of transportation impacts from vacation, for both a build and no build condition, for:
• Vehicles • Pedestrian
• Trans it • Freight
-• Bicycle
! I Utilities Information:
o Identificat ion of current utilities within the area proposed for vacation
o Potential future utilities
o Proposed m itigation for impacts to current and future utilities
D Historic sites or buildings Information:
o Identification of any designated historical site or building within½ mile in all directions
o Proposed mitigation for impacts
D Community Engagement Plan:
o Preliminary community engagement plan
o All comments and feedback received from preliminary community engagement
o Full community engagement plan
I I Vacation Policies :
o Public Trust Analysis
o Public Benefit Proposal
1-J Environmental Review :
o SEPA/NEPA checklist
LJ Previously rejected vacation proposal:
o Explanation of altered circumstances since previous rejection
I J Filing Fee
PROJECT INFORMATION
CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
REQUEST FOR PETITION FORM
Project Name : ______________________________ _
Short Name of Right of Way to be vacated: ___________________ _
Pre-application Meeting Date : ________ _
CONTACT INFORMATION
Company Name : __________________ _
Individual Point of Contact : ______________ _
Phone Number: ___________ Email : ________________ _
Address:---------------------------------
GENERAL INFORMATION
Street Name requested to be vacated : _____________________ _
Nearest intersection on each side of requested vacation :
(1) ---------------'--------------
(2) ---------------------------
Centerline length of requested vacation : ______ feet
Number of total adjacent property owners between identified intersections: ________ _
REQUIRED ATTACHMENTS
-Legal description of Right of Way proposed to be vacated
-Map of proposed vacation
-Plan for the proposed project
-Names and addresses of all property owners adjacent to vacation area, inclusive of the entire Right of Way
to the nearest intersections adjacent to the proposed vacation
Initial Community Engagement Plan
-Collected community feedback
-Proof of Signature Authority (not applicable to a request by an individual)
I certify under penalty of perjury that I am the property owner. I certify that to the best of my knowledge, the information submitted
is true and correct. I certify that I will comply with all applicable City of Federal Way regulations pertaining to the Right of Way
vacation process. I understand that a Right of Way vacation does not remove the owner's responsibility for compliance with lo cal,
state, or federal Jaws and unders tand it is my responsibility to obtain all other required permits prior to the commencement of work.
I further agree to hold harmless the City of Federal Way as to any claim (includ ing co s ts, expenses, and attorneys' fees incurred in the
investigation and defense of such claim), which may be made by any person, including the undersigned, and filed against the city, but
only where such claim arises out of the reliance of the city, including its officers and employees, upon the accuracy of the information
supplied to the city by the petitioner.
Signature Typed Name Title Date
CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
APPLICATION FORM
PROJECT INFORMATION
Project Name : _____________________________ _
Short Name of Right of Way to be vacated: ___________________ _
CONTACT INFORMATION
Company Name: _________________ _
Individual Point of Contact: _____________ _
Phone Number: __________ Email : _______________ _
Address:--------------------------------
GENERAL INFORMATION
Street Name requested to be vacated : ____________________ _
Nearest intersection on each side of requested vacation :
(1)
(2)
Centerline length of requested vacation: _____ feet
Number of total adjacent property owners between identified intersections: _______ _
Number of adjacent property owners who signed in favor of petition : __________ _
REQUIRED ATTACHMENTS
Submit five (5) hard copies and an electronic copy of each of the following:
[] Completed, notarized, petition forms n Historic Sites or Buildings Information
• Written description of proposed project • Community Engagement Plan
LJ Project plans and renderings LJ Public Trust Analysis
LJ Site Information LJ Public Benefit Analysis
[ l Project Information and contact LI Environmental Review Information
informati on [j Alterations from previous application (if
• Land Use Information applicable)
1J Transportation Information 11 Fil i ng Fee
11 Utilities Information
(Signature Page Follows)
PROJECT INFORMATION
Project Name :--------------------------------
Short Name of Right of Way to be vacated: ___________________ _
I certify under penalty of perjury that I am the property owner. I certify that to the best of my knowledge, the
information submitted is true and correct. I certify that I will comply with all applicable City of Federal Way
regulations pertaining to the Right of Way vacation process. I understand that a Right of Way vacation does not
remove the owner's responsibility for compliance with local, state, or federal laws and understand it is my
responsibility to obtain all other required permits prior to the commencement of work.
I further agree to hold harmless the City of Federal Way as to any claim (including costs, ex penses, and attorneys'
fees incurred in the investigation and defense of such claim), which may be made by any person, including the
undersigned, and filed against the city, but only where such claim arises out of the reliance of the city, including its
officers and employees, upon the accuracy of the information supplied to the city by the petitioner.
Signature
STATE OF WASHINGTON
COUNTY OF ____ _
Typed Name
) 55 .
)
Title Date
On this day personally appeared before me ________________ __, to me known
to be the _______________ of ___________ that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation/ limited liability company, for the uses and purposes therein mentioned, and on oath
stated that he/she was authorized to execute sa id instrument and that the seal affixed, if any, is the
corporate seal of said corporation .
GIVEN my hand and official seal this ___ day of __________ _, 20_
(typed/printed name of notary)
Notary Public in and for the State of Washington .
My commission expires ________ _
Owner Name :
Address:
Parcel No.:
CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
SAMPLE PETITION FORM
The City has rece ived a request from _____ to vacate a Right of Way in association with
____ project. City Code and State Law governs the process for vacation of a Right of Way and
requires a petition of adjacent property owners with support of 2/3s for the vacation process to proceed.
If a petition does not receive support from 2/3s of the adjacent property owners the vacation process
does not continue.
Information related to the vacation request:
Street Name requested to be vacated :
Nearest intersection on each side of requested vacation:
(1)
(2)
Centerline length of requested vacation : feet
Number of total adjacent property owners :
I, as the owner identified above:
• DO support vacation of the above Right of Way
fJ DO NOT support vacation of the above Right of Way
I certify under penalty of perjury that I am the property owner and the information submitted is true and correct.
Signature Typed Name Title Date
Signature Typed Name Title Date
Corporate:
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day personally appeared before me __________ , to me known to be the
__________ of ________________ that executed the foregoing
instrument, and acknow ledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this ___ day of __________ , 20 _.
Notary 's signature _______________ _
Notary 's pr inted name _____________ _
Notary Publi c in and for the State of Washington.
My commission expires _______ _
LLC:
ST A TE OF WASHING TON )
) ss.
COUNTY OF -----~
On this day personally appeared before me __________ to me known to be the
___________ of _________________ that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument.
GIVEN my hand and official seal this ___ day of __________ 20
Notary's signature _______________ _
Notary's printed name ______________ _
Notary Public in and for the State of Washington.
My commission expires _______ _
Individual:
STATE OF WASHINGTON )
) ss .
COUNTY OF____ )
On this day personally appeared before me, _________________ , to me known
to be the individual described in and who executed the foregoing instrument, and on oath swore that
he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses
and purposes therein I?entioned.
GIVEN my hand and official seal this ___ day of _________ _, 20
Notary's signature _______________ _
Notary's printed name ______________ _
Notary Public in and for the State of Washington.
My commission expires _______ _
COUNCIL MEETING DATE: July 21, 2020 ITEM #: __ 8_c_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: REGARDING EXTENSION OF INTERIM ZONING REGULATIONS_FOR A
6-MONTH PERIOD UNTIL REVIEW OF NEW FEDERAL RULES ARE COMPLETED.
POLICY QUESTION: Should Council extend the interim small wireless zoning regulations and development
guidelines, enacted by Ordinance No. I 9-862, for a 6-month period, after conducting a public hearing, in order
to complete review of new federal rules?
COMMITTEE: Land Use and Transportation
CATEGORY:
D Consent
D City Council Business
~ Ordinance
D Resolution
STAFF REPORT BY: Desiree' S. Winkler, t~•,_ !;)~2!:!_ty Director
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
MEETING DATE: July 6, 2020
•
•
Public Hearing
Other
DEPT: Public Works
2. Do not adopt the proposed ordinance and provide direction to staff.
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading and adoption on
July 21, 2020.
'V\ c,.... V\t:l~o ~vJ.ere\/\L.e
Mark Koppang, Committee Chair
V1'0.. ti ,:d eo c..e:,.,,kreviG'.e. IA 'o... v,'di: c:) ~v'\...fece1,;1l e._
Martin Moore, Committee
PROPOSED COUNCIL MOTION(S):
Hoang Tran, Committee
Member Member
FIRST READING OF ORDINANCE AND ADOPTION (JULY 21, 2020): "J move approval and adoption of the
proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVIW
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances onM
REVISED -11 /2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTlON #
DATE:
TO:
VIA:
FROM:
SUBJECT:
July 6, 2020
City Council
CITY OF FEDERAL WAY
MEMORANDUM
Jim Ferrell, Mayor
t ,' •:~ ... ~--~ .. •-·-..
EJ Walsh, P .E. Public Works Director I E:::::~.
Desiree' Winkler, P.E . Deputy Public Works Director
Six Month Extension of Interim Small Wireless Zoning Regulations and Development
Guidelines
FINANCIAL IMP ACTS:
There are no financial impacts to the City at this time.
BACKGROUND INFORMATION:
In January 2019, Ordinance No. 19-862 was enacted as interim code in part to address the
requirements of the Federal Communications Commission ("FCC") regarding zoning regulations
for telecommunication facilities. These regulations stemmed from the Regulatory Ruling, Order,
and Regulation 85 FCC 51867 ("FCC Order") imposes limitations on the processing of all permits
associated with the deployment of small wireless facilities. The FCC Order has been subject to
multiple appeals, which have been consolidated before the Federal Ninth Circuit Court of Appeals.
Oral argument for this matter was heard in February 2020 with the Declaratory Ruling and Notice
of Proposed Rulemaking ("FCC Rules") issued in June 10, 2020.
City Council is being asked to approve an extension of the previously adopted interim zoning
ordinance, Ordinance No. 19-862, to delay adoption of permanent small wireless regulations until
staff have an opportunity to review and incorporate the new "FCC Rules" enacted June 10, 2020.
The City's current interim zoning ordinance lapses on July 9, 2020; therefore, for the ordinance to
go into immediate effect and close the gap in the regulations, Council must pass the emergency
ordinance with a majority plus one of the whole membership of the Council.
ORDINANCE NO. __ _
AN ORDINANCE of the City of Federal Way, Washington, relating
to the adoption and extension of interim land use regulations and
official controls pursuant to RCW 35A.63.220 and RCW 36.70A.390
to control the provision of telecommunications facilities within the
City, which were adopted pursuant to Ordinance No. 19-862.
{Amending Ordinance Nos. 19-862, 18-850; 15-804; 15-797; 13-754;
11-700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43 and 19-862).
WHEREAS, the City of Federal Way has the authority to adopt interim land use
regulations pursuant to RCW 35A.63.220; and
WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was amended
pursuant to Ordinance 19-862 adopting interim zoning regulation regarding telecommunications
facilities effective January 9, 2019; and
WHEREAS, the Federal Communications Commission ("FCC") adopted a Regulatory
Ruling, Order, and Regulation 85 FCC 51867 ("FCC Order") governing small wireless facilities
that impose limitations on the processing of all permits associated with the deployment of small
wireless facilities; and
WHEREAS, the FCC Order requires the City to adopt aesthetic standards for such
deployments and to utilize a consolidated process emphasizing administrative review in order to
comply with federal safe harbors or presumptively reasonable time limits for review; and
WHEREAS, Ordinance No. 19-862 was enacted in part to address the requirements of
FCC regulatory orders; and
WHEREAS, the Federal Order imposed significant constraints on the exercise of local
authority as well as procedural requirements; and
WHEREAS, the FCC Order has been the subject of multiple appeals consolidated before
the Federal Ninth Circuit Court of Appeals; and
Ordinance No. 20-__ Page I of 4
Rev 2/19 LU
WHEREAS, FCC issued its Declaratory Ruling and Notice of Proposed Rulemaking
(RM-11849) ("FCC Rules") on June 10, 2020 further addressing local agencies abilities to
regulate small wireless facility design and modifications; and
WHEREAS, The City's adoption of interim regulations provides a structural framework
and aesthetic standards for wireless communication facilities; and
WHEREAS, the City Council deems it to be in the public interest to delay final
consideration of its interim regulations until further review can be completed of the recent "FCC
Rules"; and
WHEREAS, RCW 36.70A.390 permits the City to extend the interim regulations for
additional six-month periods if a subsequent public hearing is held; and
WHEREAS, a public hearing was held before the City Council on July 21, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. For the Findings of Fact required pursuant to RCW
35A.63.220 and 36.70A.390, the City Council hereby adopts the recitals set forth above.
Section 2. Ordinance Extension. Ordinance 19-862 is hereby extended for an additional
six months effective July 9, 2020.
ection 3. Severability. The prov1s10ns of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Ordinance No. 20-Page2of4
Rev 2/19 LU
Section 4. C01Tections. 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 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. The Council finds that this interim regulation is for a public
emergency, necessary for the protection of public health, public safety, public property, or the
public peace, and for the immediate support of City government, and is not subject to initiative
or referendum pursuant to Chapter 1.30 FWRC. This ordinance shall be retroactively effective
on July 9. 2020, and be in full force immediately upon adoption.
PASSED by the City Council of the City of Federal Way this ____ day of
________ _, 20
Ordinance No. 20-__
[Signature page follows]
Page 3 of 4
Rev 2/19 LU
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-__ Page 4 of 4
Rev 2/19 LU
COUNCIL MEETING DATE: July i,\ 1 "y0 ·)-0
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: 2019/2020 BIENNIAL BUDGET AMENDMENT
ITEM#:
POLICY QUESTION: Should the City Council approve the 2019/2020 Biennial Budget amendment?
COMMITTEE: NI A
CATEGORY:
D Consent
D City Council Business
STAFF REPORT BY: Ade Ariwoola
Attachments: Staff Report
Ordinance
[XI Ordinance
D Resolution
Exhibit A, Exhibit B, Exhibit C, & Exhibit D
Options Considered:
1. Approve the amendment to 201912020 Biennial Budget.
MEETING DATE: NIA
~
•
Public Hearing
Other
DEPT: Finance Director
2. Den a roval of the 201912020 Biennial Bud et Amendment and rovide direction to staff.
8d
---------
p ~ MAYOR APPROVAL: "-=-""'""":_:_--"-----____,__
Mc.. ~' w (> 1:.\G
COMMITTEE RECOMMENDATION: NIA
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (JULY 7, 2020): "I move to forward the proposed ordh:zance to the July 7,
2020 Council Meeting for second reading and enactment."
SECOND READING OF ORDINANCE (JULY 21, 2020): "J move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
SUBJECT:
06/23/20
CITY OF FEDERAL WAY
MEMORANDUM
City Council Members
Jim Ferrell, Mayor
Ade Ariwoola, Finance Director ~
2019/2020 Budget Amendment
Background Information:
The City Council held sessions on September 26, September 27, October 2, October 23, and
October 30, 2018 and public hearing on November 6, and November 20, 2018 and
considered the public comments presented. The first reading was held on November 20 and
the second reading and adoption of the budget was held on December 4, 2018. An ordinance
to amend the adopted budget was approved on April 16, 2019 to reflect the December 2018
ending fund balance, and roll over of appropriation for projects that were not completed in
2018 for continual work in 2019. An ordinance to amend the budget for the mid-biennium
was approved on December 3, 2019 to reflect changes that have occurred during the year.
This ordinance is to amend the budget to reflect the December 2019 ending fund balance, roll
over of appropriation for projects that were not completed in 2019 for continual work in
2020, and changes that have occurred during the year.
Rev. 10/19
Financial Impacts:
Major Funding in General Fund Includes:
Sound Transit Study
PAEC Engineering & Architecture Cost Analysis for HUD
PAEC Condemnation and legal fees
Savings from leaving SCORE
Savings from Jail (ADP)
King County Covid-19 Grant
Covid -19 Business Grants
Covid-19 Supplies and Services
Covid-19 Trucks
Covid-19 Administration
Covid-19 Emergency Social Services
Covid-19 Computer & Camera for Courts
Covid-19 Cleaning Supplies, Janitorial contract, and Cleaning system
Covid-19 Facility Maintenance Worker
Covid-19 IT Software and Equipment
Salary Commission recommended increases
Move Public Defender to Prop 1
Reclass of positions
Economic Development contract completion
Negotiation fees and salary study
Position hire freeze
Property nuissance abatement by the City
Adjustment for CDBG Code compliance and Inclusion programs
Family Shelter Human Services & Professional Services
Security Contract Overtime
Union Contract increases
Valley SWAT team
New Substation
King County property purchases
Parks Overtime and minimum wage increases
Parks Snowblower
IT Software, Hardware, and Equipment purchases
Federal Way Community Center Shortfall Beginning FB
PAEC Shortfall Beginning FB
Covid-19 Support for DBC
Traffic Safety Shortfall Beginning FB
Total
2020
30,000
50,000
853,741
(2,100,000)
(380,000)
149,426
2,030,200
211,526
201,000
75,000
71,217
62,000
142,000
38,977
93,280
15,468
(600,000)
40,766
5,000
40,000
(134,210)
48,000
65,054
125,000
470,820
67,743
25,000
5,895
11,000
15,000
7,500
113,085
571,987
155,359
260,371
184,758
$ 3,021,963
Rev. 10/19
Major Funding in Non-General Funds Includes:
Litter pickup (2 FTE's)
Urea supplies
Storage-Maintenace yard (Sound Transit Mitigation)
Restore professional services
Electricity cost increase
Lakehaven rate increase
Covid-19 Supplies
PSE Pete V. Restoration project
Ridge HOA Restoration project
Project funding for Easment
Transfer to Risk Management fund
Transfer to General Fund for condemnation
Transfer to Arterial Street Fund
Transfer to Street Fund
Support for Affordable & Supportive Housing
Litter pickup
Lodging Tax expenditures increase
COVID-19 Reduction of expenditures
Transfer to Transportation Capital Fund
Transfer to Arterial Street Fund
Public Defender Contract Services
COVID-19 Reduction of expenditures
Community Development Block Grant Program Expenditures
Amanda and MyBuilding Permit Services and Fees
Annual Debt Service payments
Transfer to Transportation Capital Fund
Park Levy Fund
Covid-19 Supplies
Transportation capital projects and Sound Transit positions and services
Surface Water Management Services increase
Transfer to SWM CIP
Transfer to Transportation Capital Fund for SWM Landslide
DBC Improvements (lighting, window coverings, suite improvements
COVID-19 Reduction of expenditures
Transfer to Transporation Capital for flag pole
Law suit settlement
IT Security Audit
IT Window 7 Extended Security
IT GIS Aerial Imaging
IT Computer Replacement
IT City Hall Camera
IT Police Radian
Pole camera
Sidearm mower
Replace bucket truck
Landscape maintenance equipment
PW inspector vehicle
CD inspector vehicle
PD Equipment for patrol vehicles
Replace Animal services vehicle
McDonald Miller energy savings payout and maintenance contract
City Hall Elevator repairs
City Hall Main door replacement
City Hall Court upgrades
Total $
2020
88,000 (Street)
85,762 (Street)
23,900 (Street)
47,694 (Street)
19,200 (Street)
22,160 (Street)
5,000 (Street)
381,081 (Arterial Street)
526,901 (Arterial Street)
269,074 (Arterial Street)
813,692 (Utility Tax)
853,741 (Utility Tax)
375,000 (Utility Tax)
14,671 (Utility Tax)
41,020 (Affrd. & Supprt Hous. Sales)
15,000 (Solid Waste & Recycling)
75,300 (Hotel/Motel Lading Tax)
(576,535) (FWCC)
250,000 (REET)
269,074 (REET)
600,000 (Prop 1)
(918,145) (PAEC)
924,184 (CDBG)
67,100 (Technology)
75,000 (Debt Service)
100,000 (Downtown Redevelopment)
100,000 (Parks CIP)
5,000 (SWM CIP)
2,694,149 (Transportation CIP)
92,697 (SWM Operations)
343,487 (SWM Operations)
125,000 (SWM Operations)
90,000 (Dumas Bay)
(196,385) (Dumas Bay)
150,000 (Risk)
678,329 (Risk)
20,000 (IT)
20,000 (IT)
38,000 (IT)
5,050 (IT)
3,062 (IT)
104,303 (IT)
18,525 (Fleet)
175,210 (Fleet)
118,613 (Fleet)
1S7,663 (Fleet)
60,000 (Fleet)
45,000 (Fleet)
72,141 (Fleet)
64,296 (Fleet)
77,000 (Building Reserve)
85,000 (Building Reserve)
25,000 (Building Reserve)
30,000 (Building Reserve)
9,649,014
Rev. 10/19
ORDINANCE NO. 20-
AN ORDINANCE of the City of Federal Way, Washington, relating to
amending the 2019-2020 Biennial Budget. (Amending Ordinance No.
18-860, 19-867 and 19-881)
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for
the 2019-2020 fiscal biennium have been prepared and filed on September 4, 2018 as
provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and
WHEREAS, the budget was printed for distribution and notice published in the official
paper of the City of Federal Way setting the time and place for hearing on the budget and said
notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk;
and
WHEREAS, the City Council of the City of Federal Way held public hearings on
November 5 and November 19, 2019, and considered the public comments presented; and
WHEREAS , the City Council of the City of Federal Way approved the budget
ordinance on December 04, 2018 (attached Exhibit A); and
WHEREAS, the City Council of the City of Federal Way amended the budget on April
16, 2019 (attached Exhibit B); and
WHEREAS , the City Council of the City of Federal Way amended the budget on
December 03, 2019 (attached Exhibit C).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 20-Page I o/7
Section 1. 2019-20 Biennial Budget Amendment. That the budget for the 2019-2020
biennium is hereby amended in the amounts and for the purposes as shown on the attached
Exhibit D ("2019-2020 Amended Budget").
Section 2. Administration. The Mayor shall administer the Biennial Budget and in
doing so may authorize adjustments to the extent that they are consistent with the budget
approved herein.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. 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 5. Rat ification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days
from the time of its final passage as provided by law.
PASSED by the City Council of the City of Federal Way this __ day of ___ , 2020.
[signatures to follow]
Ordinance No. 20-Page 2 ofl
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-Page 3 o/7
EXHIBIT A
2019/2020 Adup tod Budget
2019 2020
Beginning Fund Beginning Fund FndingFund
Fund Balance Rewnue Expenditure Balance Rewnue Expenditure Balance
General Fund $ 9,846,023 $ 51,422,493 $ 52,124,459 $ 9,144,057 $ 52,410,625 $ 52,554,454 $ 9,000,228
Special Rewnue Funds:
Street 500,000 4,282,737 ~ 4,282,061 500,676 4,313,618 4,313,700 500,594
Arterial Street 100,001 1,548,000 1,515,064 132,937 1,548,000 1,515,065 165,872
Utility Tax 1,500,000 9,642,000 9,642,000 1,500,000 9,687,000 9,687,000 1,500,000
Solid Waste/Recycling 99,880 452,100 491,549 60,431 452,100 494,800 17,731
Special Contract/Studies 140,929 13,200 127,729 . 7,000 120,729
Hotel/Motel Lodging Tax 1,048,246 306,000 294,700 1,059,546 306,000 224,700 1,140,846
2% for Arts . -. . . -.
Community Center 1,563,087 2,327,875 2,312,036 1,578,926 2,252,875 2,331,150 1,500,651
Traffic Safety Fund 1,857,566 3,815;500 4,098,065 1,575,001 3,815,500 4,189,726 1,200,775
Real &tate Fxcise Tax 3,079,723 3,580,000 3,739,473 2,920,250 3,660,000 4,254,567 2,325,683
Utility TaxProposition I 1,000,000 3,446,375 3,446,375 1,000,000 3,475,246 3,475,246 1,000,000
Perfonning Arts and Event Center -1,871,986 1,871,986 -1,874,324 1,874,324 -
Community Developmmt Block Grant 39,874 668,900 692,411 16,363 668,900 685,263 -
Paths and Trails 930,546 169,000 -1,099,546 169,000 -1,268,546
Technology Fund . 20,000 -20,000 20,000 40,000
Strategic Reserve 868,979 2,000 -870,979 2,000 . 872,979
Parks Reserve 1,253,635 5,000 . 1,258,635 5,000 -1,263,635
Debt Service Fund 2,901,022 1,777,863 2,152,510 2,526,375 1,358,567 2,344,957 1,539,985
Capital Project Funds:
Downtown Redevelopment 1,401,814 1,000,000 -2,401,814 1,000,000 . 3,401,814
Municipal Facilities 279,730 1,000 -280,730 1,000 . 281,730
Parks 1,125,480 300,000 1,425,480 300,000 300,000 -
Surface Water Management 1,767,612 3,200,000 4,449,000 518,612 1,000,000 1,400,000 118,612
Transportation 7,963,807 6,677,000 13,248,000 1,392,807 4,766,000 4,666,000 1,492,807
Capital Project Reserve 355,610 --355,610 . 355,610
Perfonning Arts and Event Center -. . . --.
Fnterprise Fund:
Surface Water Management 2,154,899 4,189,868 5,263,841 1,080,926 4,189,867 4,224,061 1,046,732
Dumis Bay Centre 1,500,000 788,251 685,472 1,602,779 788,251 685,473 1,705,557
Internal Service Funds:
Risk Management 1,200,000 1,166,040 1,453,932 912,108 1,166,040 1,453,932 624,216
lnformition Technology 2,230,619 3,492,207 2,231,447 3,491,379 2,265,053 2,153,131 3,603,301
Mail & Duplication 135,947 176,915 149,874 162,988 135,947 148,152 150,783
Fleet & F.quipment 8,109,549 2,300,644 1,566,924 8,843,269 2,300,644 1,725,993 9,417,920
Buildings & Furnishings 2,492,328 490,355 478,219 2,504,464 490,355 483,088 2,511,731
Health Insurance 1,481,813 4,966,800 5,256,726 1,191,887 4,966,800 5,256,726 901,961
Unemployment Insurance 312.328 3,000 50,000 265,328 5,000 20.000 250,328
Grand Total All Funds $ 59,241,047 $ 114,089,909 $ 122,934,804 $ 50,396,152 $ 109,393,712 $ 110,468,508 $ 49,321,357
Ordinance No. 20-Page 4 o/7
EXHIBITB
2019/2020 Amended Budgr 1
2019 2020
Beginning Fund Beginning Fund Fltding Fund
Fund Balance Rewnue Expenditure Balance Rewnue Fxpenditure Balance
General Fund $ 11,144,460 $ 51,5%,506 $ 53,261,998 $ 9,478,968 $ 52,584,638 $ 53,055,509 $ 9,008,097
Special Rewnue Fundoi:
Street 500,769 4,771,577 4,785,506 486,840 4,42 1 618 4,408,458 500,000
Arterial Street 94,682 1,548,000 1,515,064 127,618 I 548 ,000 1,515,065 160,553
Utility Tax 1,600,471 9,642,000 9,642,000 1,600,471 9,68 7.000 9,687,000 1,600,471
Solid Waste/Recycling 154,581 529,910 595,549 88,942 56&4 74 581,800 75,616
Special Contract/Studies 686,209 -263,200 423,009 -7,000 416,009
Hotel/Motel Lodging Tax 1,177,880 306,000 294,700 1,189,180 306,000 224,700 1,270,480
2% for Arts ------
Community Center 1,566,460 2,355,351 2,331,536 1,590,275 2,252 ,87" 2,343,150 1,500,000
Traffic Safety Fund 1,909,111 3,815,500 4,146,536 1,578,075 3,sis ·oo 4,189,726 1,203,849
Real Btate Excise Tax 3,303,937 3,580,000 4,289,370 2,594,567 3,660,000 4,254,567 2,000,000
Utility TaxProposition 1 1,002,101 3,446,375 3,446,375 1,002,101 3,475,246 3,475,246 1,002,101
Perfonning Arts and Event Center (447,382) 1,871,986 1,871,986 (447,382) 1,874324 1,874,324 (447,382)
Community Development Block 0-ant 37,544 668,900 692,411 14,033 66 8,900 682,933 -
Paths and Trails 962,997 169,000 1,131,997 l-69JX)O -1,300,997
Technology Fund . 20,000 15,986 4,014 20,000 . 24,014
Strategic Reserve 2,656,969 46,570 . 2,703,539 2,000 . 2,705,539
Parks Reserve 1,265,796 5,000 625,000 645,796 5,000 . 650,796
Debt Sen-ice Fund 2,956,848 1,777,863 2,152,510 2,582,201 1,358,567 2,344,957 1,595,811
Captal Project Fundoi:
Downtown Redevelopment 1,431,611 1,000,000 . 2,431,611 1,000,000 . 3,431,611
Municipal Facilities 282,779 1,000 283,779 1,000 . 284,779
Parks 1,637,206 300,000 1,425,480 511,726 300,000 300,000 511,726
Surface Water Management 2,886,075 2,700,000 4,817,017 769,058 1,000,000 1,400,000 369,058
Transportation 8,910,374 6,677,000 14,731,838 855,536 4,766,000 4,666,000 955,536
Capital Project Reserve 360,520 . 360,520 -. 360,520
Perfonning Arts and Event Center (7,351,556) 549,897 549,897 (6,801,659) . . (6,801,659)
Fltterprise Fund:
Surface Water Management 2,373,543 4,197,454 5,360,628 1,210,369 4,189,867 4,289,061 l,lll,175
Dumas Bay Centre 1,585,695 788,251 805,472 1,568,474 788,251 685,473 1,671,252
Internal Se nice Fundoi:
Risk Management 1,595,478 1,166,040 1,453,932 1,307,586 1,166,040 1,453,932 1,019,694
Information Technology 3,753,608 2,361,350 2,359,164 3,755,794 2,365,608 2,253,686 3,867,716
Mail & Duplication 199,068 135,947 149,874 185,141 135,947 148,152 172,936
Fleet & E.quipment 7,628,193 2,300,644 1,846,924 8,081,913 2,300,644 1,725,993 8,656,564
Buildings & Furnishings 3,019,790 490,355 668,219 2,841,926 490,355 483,088 2,849,193
Health Insurance 2,940,231 4,966,800 5,256,726 2,650,305 4,966,800 5,256,726 2,360,379
Unemplovment Insurance 279.116 3.000 50,000 232,116 5,000 20,000 217.116
Grand Total All Funds $ 62,105,164 $ 113,788,276 $ 129,404,898 $ 47,038,439 $ 109,892,654 $ 111,326,545 $ 45,604,547
Ordinance No . 20-Page 5 o/7
EXHIBITC
2019/2020 Mid-Year Amended Budgrt
2019 2020
Beginning Fund Beginning Fund Fnding Fund
Fund Balance Rewnue Expenditure Balance Rewnue Expenditure Balance
General Fund $ 11,144,460 $ 53,941,744 $ 55,182,175 $ 9,904,029 $ 53,693,852 $ 54,587,710 $ 9,010,171
Special Rewnue Funds:
Street 517,592 4,801,577 4,803,963 515,206 4,421,618 4,420,001 516,823
Arterial Street 94,682 1,658,000 1,625,064 127,618 1,548,000 1,515,065 160,553
Utility Tax 1,600,471 9,128,135 9,228,606 1,500,000 9,173,135 9,173,135 1,500,000
Solid Waste/Recycling 154,581 529,910 595,549 88,942 568,474 581,800 75,616
Special Contract/Studies 686,209 -100,000 586,209 -407,000 179,209
Hotel/Motel Lodging Tax 1,177,880 306,000 394,700 1,089,180 306,000 224,700 1,170,480
2% for Arts -------
Community Center 1,566,460 2,355,351 2,331,536 1,590,275 2,252,875 2,343,150 1,500,000
Traffic Safety Fund 1,909,111 3,815,500 4,146,536 1,578,075 3,815,500 4,189,726 1,203,849
Real Estate Excise Tax 3,303,937 4,677,564 5,314,370 2,667,131 3,670,000 4,299,567 2,037,564
Utility TaxProposition I 1,002,101 3,456,375 3,446,375 1,012,101 3,483,145 3,475,246 1,020,000
Performing Arts and Event Center (447,382) 2,622,427 2,078,407 96,638 2,153,198 2,249,836 -
Community Development Block Grant 37,544 1,213,400 1,236,91 I 14,033 912,446 926,479 -
Paths and Trails 962,997 189,000 -1,151,997 169,000 -1,320,997
Technology Fund -20,000 15,986 4,014 20,000 -24,014
Strategic Reserve 2,656,969 341,031 -2,998,000 2,000 -3,000,000
Parks Reserve 1,265,796 530,000 720,000 1,075,796 50,000 -1,125,796
Debt Senice Fund 2,956,848 14,792,863 15,152,510 2,597,201 2,358,567 2,894,957 2,060,811
Capital Project Funds:
Downtown Redevelopment 1,431,611 1,000,000 -2,431,611 1,000,000 -3,431,611
Municipal Facilities 282,779 1,000 -283,779 1,000 -284,779
Parks 1,637,206 325,000 1,450,480 511,726 300,000 300,000 511,726
Surface Water Management 2,886,075 2,700,000 5,042,324 543,751 1,000,000 1,400,000 143,751
Transportation 8,910,374 14,967,225 23,152,401 725,198 4,766,000 4,666,000 825,198
Capital Project Reserve 360,520 --360,520 -360,520
Performing Arts and Event Center (7,351,556) 7,549,897 7,000,000 198,341 -. 198,341
Fnterprise Fund:
Surface Water Management 2,373,543 4,373,612 5,360,628 1,386,527 4,432,381 4,289,061 1,529,847
Dumas Bay Centre 1,585,695 961,751 959,872 1,587,574 788,251 850,473 1,525,352
Internal Service Funds:
Risk Management 1,595,478 1,186,040 1,453,932 1,327,586 1,166,040 1,453,932 1,039,694
Information Technology 3,753,608 2,431,350 2,547,906 3,637,052 2,450,108 2,338,186 3,748,974
Mail & Duplication 199,068 135,947 149,874 185,141 135,947 148,152 172,936
Fleet & F.quipment 7,628,193 2,314,752 2,028,499 7,914,446 2,300,644 1,987,993 8,227,097
Buildings & Furnishings 3,019,790 508,355 712,139 2,816,006 490,355 483,088 2,823,273
Health Insurance 2,940,231 4,966,800 5,256,726 2,650,305 4,966,800 5,256,726 2,360,379
Unemployment Insurance 279,116 3,000 50,000 232,116 5,000 20,000 217.116
Grand Total All Funds s 62,121,987 $ 147,803,606 $ 161,537,469 s 55,388,124 S 112,400,336 S 114,481,982 S 53,306,477
Ordinance No . 20-Page 6 o/7
EXHIBIT D
2019/2020 Amended Bud ge t
2019 2020
Beginning Fund Beginning Fund Ending Fund
Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance
General Fund $ 11,144 ,460 $ 53,941,744 $ 55,182,175 $ 11,093,337 $ 55,538,265 $57,609,673 $ 9,021,930
Special Revenue Funds:
Street 517,592 4,801,577 4,803,963 510,709 4,701,008 4,711,717 500,000
Arterial Street 94,682 1,658,000 1,625,064 621,584 2,573,155 2,692,121 502,618
Utility Tax 1,600,471 9,128,135 9,228,606 1,569,984 11,167,187 11,230,239 1,506,932
Sales/Use Tax -Affrd. & Supprt . Housing ---41,020 41,020 -
Solid Waste/Recycling 154,581 529,910 595,549 194,472 568,474 596,800 166,146
Special Contract/Studies 686,209 100,000 748,927 -407,000 341,927
Hotel/Motel Lodging Tax 1,177,880 306,000 394,700 1,329,006 306,000 300,000 1,335,006
2% for Arts ------
Community Center 1,566,460 2,355,351 2,331,536 1,208,268 2,058,347 1,766,615 1,500,000
Traffic Safety Fund 1,909,111 3,815,500 4,146,536 1,389,468 3,070,700 4,189,726 270,442
Real Estate Excise Tax 3,303,937 4,677,564 5,314,370 3,219,084 3,670,000 4,818,641 2,070,443
Utility Tax Proposition I 1,002,101 3,456,375 3,446,375 1,144,644 3,957,614 4,075,246 1,027,012
Performing Arts and Event Center (447,382) 2,622,427 2,078,407 (110,546) 1,442,237 1,331,691
Community Development Block Grant 37,544 1,213,400 1,236,911 35,284 1,836,630 1,850,663 21,251
Paths and Trails 962,997 189,000 -1,191,437 169,000 -1,360,437
Technology Fund . 20,000 15,986 3,013 155,223 67,100 91,135
Strategic Reserve 2,656,969 341,031 3,573,800 26,000 -3,599,800
Parks Reserve 1,265,796 530,000 720,000 1,080,793 50,000 1,130,793
Debt Service Fund 2,956,848 14,792,863 15,152,510 3,933 ,732 2,358,567 2,969,957 3,322,342
Capital Project Funds:
Downtown Redevelopment 1,431,611 1,000,000 . 2,526 ,754 1,000,000 100,000 3,426,754
Municipal Facilities 282,779 1,000 -288,595 1,000 -289,595
Parks 1,637,206 325,000 1,450,480 1,741,591 300,000 400,000 1,641,591
Surface Water Management 2,886,075 2,700,000 5,042,324 1,925,945 1,348,487 1,405,000 1,869,432
Transportation 8,910,374 14,967,225 23,152,401 4,885,701 6,673,637 7,360,149 4,199,189
Capital Project Reserve 360,520 -367,936 . 367,936
Performing Arts and Event Center (7,351,556) 7,549,897 7,000,000 -. -
Enterprise Fund:
Surface Water Management 2,373,543 4,373,612 5,360,628 3,009,978 4,432,381 4,850,245 2,592,114
Dumas Bay Centre 1,585,695 961,751 959,872 1,601 ,056 643,032 744,088 1,500,000
Internal Service Funds:
Risk Management 1,595,478 1,186,040 1,453,932 1,502,529 1,979,732 2,282,261 1,200,000
Information Technology 3,753,608 2,431,350 2,547,906 3,718,972 2,450,108 2,528,601 3,640,479
Mail & Duplication 199,068 135,947 149,874 217,369 135,947 148,152 205,164
Fleet & Equipment 7,628,193 2,314,752 2,028,499 7,808,824 2,405,644 2,699,441 7,515,027
Buildings & Furnishings 3,019,790 508,355 712,139 2,973,258 490,355 700,088 2,763,525
Health Insurance 2,940,231 4,966,800 5,256,726 3,657,598 4,966,800 5,256,726 3,367,672
Unemployment Insurance 279,116 3,000 50,000 273,701 5,000 20,000 258,701
Grand Total AU Funds $ 62,121,987 $ 147,803,606 $ 161,537,469 $ 69,236,801 $ 120,521,550 $ 127,152,959 $ 61,605,392
Ordinance No . 20-Page 7 of7
COUNCILMEE!_!NGDATE: Jul}' i-.\ 1'),AJ~-------
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: ANNEXATION OF S. 320TH STREET ANNEX
POLICY QUESTION:
ITEM#: 8e
Should the Council adopt an ordinance to annex land north of South 320th Street, south of South 316 th Street,
and west of 32nd Avenue South into the City of Federal Way?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
D Consent
City Council Business
IZJ Ordinance
0 Resolution
STAFF REPORT BY: Robert "Doc" Hansen, Planning Manager
Attachments: Staff Report
Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance.
MEETING DATE: July 6, 2020
• •
Public Hearing
Other
DEPT: Community Development
MAYOR'S RECOMMENDATION: Mayor Ferrell recommends approval of the Ordinance
MAYOR APPROV Y
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 7. 2020
V,'o-1/j£.r~o UV\"t-C:r~V\C -C:: V\o.... v,-cleo Cm.l\fe.<"~V\c ~
Mark Koppang, Committee Chair Martin Moore, Committee Member
J1-·0-v; c.l e o 6z:> V')-tc:.,~v,.c. c::;
Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (JULY 7, 2020): "I move to forward approval of the ordinance for annexation
to the City Council meeting/or enactment. "
SECOND READING OF ORDINANCE (JULY 21, 2020): "] move approval of the proposed ordinance for
annexation . "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED -2/2020
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
·rl ·HJ
LAND USE AND TRANSPORTATION COMMITTEE
STAFF REPORT
DATE: July 6, 2020
To: Mark Koppang, Chair, Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor of the City of Federal Wa~ C, /~ s/a-a
FROM: Brian Davis, Community Development Director ~
Robert "Doc" Hansen, Planning Manager ~J.I
SUBJECT: Action to Annex Property North of South 320 th Street, South of South 316 th
Street, and West of 32 nd Avenue South
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 area, and will receive tax benefits from the developed or undeveloped land.
II. BACKGROUND
On March 17, 2020, the City Council, after conducting a public hearing, approved annexation of
land, and requested the Community Development staff submit a request to the King County
Boundary Review Board (BRB) to review the approved annexation. Upon a 45-day review, the BRB
approved the annexation on June 1, 2020. A June 8, 2020, letter is provided (Exhibit A) verifying the
approval of the annexation. The property is just over 21 acres and is comprised of seven parcels . The
report prepared for you on March 17, 2020, is enclosed for your review (Exhibit C).
Ill. PROPERTY INFORMATION
The total area proposed for annexation is 21.44 acres. The psoperty for annexation is located north of
South 320th Street, west and adjacent to 32nd Avenue South and south of South 316 th Street (Exhibit
B). Following is a breakdown of tax parcel numbers and the size of each parcel to be annexed:
LUTC Staff Report July 6, 2020 Page I of I
C:\Usc.n\pjon<S\AppData\Local\Tcmp\Tcmp2_320th St Anncx:ition Ordinan~zip\070620 LUTC S1afTRcpon ror Ann01:ation Onlinancc.docx
TaxParcelNumber
092104 9028
092104 9139
092104 9316
092104 9187
092104 9140
092104 9160
092104 9206
Size (in acres)
5.26
9.15
0.36
2.09
2.28
1.96
0.34
21.44 acres
Access to the proposed annexation area is from South 320th Street, South 316th Street, and 32nd
Avenue South. South 320th and 316u, Streets are improved rights-of-way. Thirty-second Avenue
South borders the annexation area on the east and will become an improved public right-of-way
when development occurs on the site.
The property is currently pre-designated as "Community Business" in the comprehensive plan.
Federal Way Revised Code (FWRC) l.35.020(b) states that, "the area annexed to the city shall retain
the comprehensive plan classification." Therefore, as annexed, the property will be zoned as
"Community Business."
There will be no City expenditures associated with the annexation. The City can provide police
services without additional cost. King County will lose $9,724 in property taxes and the City will
gain $5,044.
Annexation into the City of Federal Way should have a positive impact on the area's likelihood of
achieving its employment growth target.
IV. Recommendation
The City Council has two options available for action. It may pass the ordinance as approved by the
BRB, or deny the ordinance for annexation.
The Mayor recommends that the City Council pass the ordinance.
LIST OF EXHIBITS
Exhibit A Letter from Boundary Review Board of Approval of Annexation
Exhibit B Final Legal and Map of the Area Approved by the Boundary Review Board for Annexation
Exhibit C March 17, 2020, Report to the City Council
LUTC Staff Report July 6, 2020 Page 2 of2
C:\tkUT;\pjnneo.\Af1pD:itn\L..oail\Tc111p\Tunp2_3211l}I St Auncxatinn OnWlanc<.•.1jp'lU70620 LUTC S11IT"RLl)tlN far Anncs:11ion Onilll::lflcc.dcx:x
Exhibit A
Page 1 of 2
Washington State Boundary Review Board
For King County
Yes/er Building. 400 Yes/er Way, Room 205, Seattle, J,VA 98104
Phone: (206) 477-0633•www.kingcoun(ygov/hrb
June 8, 2020
Robert Hansen, Planning Manager
City of Federal Way
33325 8th Ave. South
Federal Way, WA 98003-6325
RE: CLOSING LEITER FOR COMPLETED ACTION -
File No. 2401 -City of Federal Way -S. 320th Street Annex.
Dear Mr. Hansen:
We are writing to advise you that the Boundary Review Board has now completed the required
evaluation, as specified in RCW 36.93, for the above-referenced proposed action filed with the
Board effective April 15, 2020.
The Bounda1?' Review Board also provided a 45-day public review period, as prescribed by RCW
36.93. The Board received no request for a public hearing of this proposed action during the public
review period.
The Boundary Review Board, therefore, hereby deems this proposed action approved effective June
1, 2020. Final approval of the proposed action is also subject to the following actions, where
applicable:
1. Sewer and Water District actions and some other actions are also subject to approval by the
Metropolitan King County Council. If the Council makes changes to the proposal, the Board may
then be required to hold a public hearing.
2. Filing with King County of franchise application(s), as required, accompanied by a copy of
this letter.
3. Filing with King County of permit application(s), as required, accompanied by a copy of this
letter.
4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of
Intention.
[OVER]
Page 2
File No. 2401 -City of Federal Way -S.320 th St. Annex.
June 8, 2020
5. Notification in writing of your intended effective date of annexation. This notification should
be provided as early as possible. Please send this information to:
Karen Wolf, Section Manager
Strategic Planning and Policy Section
King County Office of Performance, Strategy and Budget (OPSB)
401 Fifth Avenue, Suite 810
Seattle, Washington 98104
6 . Filing with King County Council of: (1) one certified copy of final resolution or ordinance
accomplishing this proposed action; and (2) a copy of this letter. This document should be
filed with the Clerk of the Council (Attn: Melani Pedroza), King County Courthouse, Room
1200, Seattle, Washington 98104.
If you have questions or would like additional information, please contact our office at (206)-4 77-
0633.
Sincerely,
Lenora Blauman
Executive Secretary
cc: Melani Pedroza; Clerk of the Council
Mike Reed, Council Administration
Dave Wilson, Elections Division
FORM 13
Danielle Petty, Department of Assessment
Hong Nguyen, WLRD
Toni Carpenter, KCGIS
Lydia Reynolds-Jones, Manager, Road Services Division, Dept. of Local Services
Rey Sugui, Department of Local Services
Janise Fessenden, Senior Database Specialist, King County 911 Program
Director, Permitting Division, Department of Local Services
Karen Wolf, Office of Performance, Strategy and Budget (OPSB)
Jae Hill, Department of Natural Resources
Connie Wong, Facilities Management Division, Real Estate Section
LEGAL DESCRIPTION
AREA TO BE ANNEXED
Exhibit B
Page 1 of2
FINAL
May 27, 2020
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9 AND 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, 1,251.64 FEETTO A POINT OF CURVATURE OF THE
NORTH MARGIN OF SOUTH 316TH STREET;
THENCE WESTERLY AT RIGHT ANGLES, NORTH 87°51'32" WEST, 60.00 FEET TO THE WESTERLY MARGIN OF SAID
32ND AVENUE SOUTH;
THENCE SOUTH 02°08'28" WEST, 55.71 FEET ALONG SAID WESTERLY MARGIN TO THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 88°20'05" WEST ALONG SAID NORTH LINE, 656.94 FEET TO THE EAST MARGIN OF PRIMARY STATE
HIGHWAY NO. 5;
THENCE SOUTH 16°42'28" WEST, 528.49 FEET ALONG SAID EAST MARGIN;
THENCE SOUTH 14°33'46" EAST, 714.61 FEET ALONG SAID EAST MARGIN 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.
COl\)TAINING 915,776 SQUARE FEET, MORE OR LESS.
Project Name: Cobalt Federal Way
May 27 , 2020
BDG I JSE
20833L.001.doc
TAX PARCEL NO .:
A 0921049028
B 0921049139
C 0921049316
D 0921049187
E · 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
SOUTH 320TH STREET ·
SCALE: For:
HORIZONTAL 1 "=200' COBALT Ci::] BARGHAUSEN FEDERAL WAY CONSUL TING ENGINEERS, INC.
Title:
18215 72ND AVENUE SOUll-l AREA OF KENT, WA 98032
425 .251.6222 BARGHAUSEN.COM ANNEXATION
DESIGNED XXX DRAWN JSE CHECKED BD G APPROVED BOG
FINAL
May 27, 2020
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Exhibit C
Page 1 of 15
Federal Way
LAND USE AND TRANSPORTATION COMMITTEE
STAFF REPORT
DATE: February 17, 2020
To: LUTC Chair, Mark Koppang
FROM:
Brian Davis, Community Development Director f57~
Robert "Doc" Hansen, Planning Manager 27 I• ?., Z..'f' 2-C}U)
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 area, 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 ofthis staff report.
II. BACKGROUND
On September 26, 2019; the City received a "Notice ofintent to Annex" petition from William and
Patti Pruett (Exhibit A). The "Notice of Intent for Annexation" constituted the 10 percent ofland
value of the proposed annexation, that which is necessary to request annexation through the petition
method for annexation under RCW 35A.14. I 20. 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 C). 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 behalfof 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.0l.040 (Exhibit E).
LUTC Staff Report Page I of 15
K:\Anm:::xa1io11s\P1pc\Aru10:a1ion Proccss\60 Pcrcail Paition\Fo<m11lla1 Doc:umaiLS\021,t]O t.UTC SlaITRq,ort for Annculion docx
Ill. PROPERTIES INFORMATION
The total area proposed for annexation is 21.44 acres. Following is a breakdown of tax parcel numbers
andsizes of each parcel in the annexation area:
Tax Parcel Numb er
092104 9028
092104 9139
092104 9316
092104 9187
092104 9140
092104 9160
092104 9206
Sjz r Ou acr es )
5.26
9.15
0.36
2 .09
2 .2
1.96
0.3 4
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) l.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 -092104 9140 2 .28 Single Family House
F -092104 9160 1.96 Single Family Hou se
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 pennits in 2000 . A portion of the disturbed area
LUTC Staff Report Page2 of 15
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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.
IV. 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,
LUTC Staff Repo1t Page 3 of IS
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 of Acres: 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)? What
specific policies apply to this proposal?
This annexation proposal is consistent with the Growth Management Act (GMA),
including:
✓ RCW 36. 70A.020:
(1) Urban Growth. Encourage development in w-ban 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 RCW 36. 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 Report Page 4 of 15
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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 as 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 landowner,1i) are 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 been filed by the entity now
owning 100 percent of the proposed annexation area. Further, the annexation process
requires a public hearing by 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 oflocal government most appropriate to provide urban
governmental 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 of Federal 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 annexation areas designated for specific
cities or towns within the county.
LUTC Staff Report Page 5 of 15
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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?
LUTC Staff Report
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 Arca 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 service 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,
Page 6 of 15
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when the area proposed for annexation is wholly within the annexing city's officially
adopted PAA, and when the area is not part of a contested area.
c. What King County/Countywide Planning Policies specifically support this proposal?
LUTC Staff Report
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-2 7: Evaluate proposals to annex or incorporate unincorporated land based on the
following criteria:
a) Conformance with Countywide Planning 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
Page 7 of 15
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); Commercial 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.
LUTC Staff Report
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. The
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.
Page 8 of 15
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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
(P AAs). 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. When was your Comprehensive Plan approved? Does 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 Page9of]5
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 us~ 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 franchise 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 of an Interlocal Agreement? If 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
1. 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.
LUTC Staff Report Page IO of 15
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6. Estimate 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 320th Street, west and
adjacent to 32nd Avenue South, east ofl-5, and south of 316th Street (Exhibits Band C).
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 P AAs consisting of 2,390 net
new housing units and 290 net new jobs (see Revised Table DP-I, page D-14).
LUTC Staff Report Page 11 of 15
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This proposed annexation 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 Commercial 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.
• 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 of physical boundaries, including but not limited to bodies of water, highways, and land
contours .
• The proposed annexation has physical boundaries as follows:
LUTC Staff Report Page 12 of 15
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o The western boundary follows I-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
A venue 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 32nd Avenue South within the annexation area would be fully
within the City limits.
4. Prevention of abnormally irregular boundaries.
• 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 annexation are currently served by way of 32nd Avenue South,
which dead ends at South 316th Street. An extension of32nd 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.
• 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.
• 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
LUTC Staff Report Page 13 of 15
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(County or City), this area is anticipated to develop at urban levels, especially given its
proximity to Interstate 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.
• Not applicable.
REVIEW OF FACTORS (RCW 36.93.170)
1. 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 RCW; applicable service agreements
entered into under chapter 36.115 or 39.34 RCW; 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 future 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 of governmental services from other sources; probable
future needs for such services and controls; probable effect of proposal or alternative on cost
and adequacy of services and controls in area and adjacent area; the effect on the finances,
debt structure, and contractual obligations and rights of all affected governmental units; and
LUTC Staff Report Page 14 of 15
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 needs.
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 on adjacent 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 (PM), an uncontested PM.
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
ExhibitB
Exhibit C
ExhibitD
Exhibit E
Exhibit F
Exhibit G
ExhibitH
Ten Percent Petition for Annexation
Vicinity Map
Aerial Photo
Sixty Percent Petition for Annexation
King County Annexation Petition Certcfication
February 11 , 2020, Response from the City of Pederal Way Finance Department
December 29, 2019 , Correspondence fr om the Lake haven Water& Sewer District
Technical Appendix D to the 2016 King County Comprehensive Plan
LUTC Staff Report Page 15 of 15
Exhibit A
10 Percent Petition to Annex
OECLARA TION
We, the undersigned, are ovvners 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 direct petition method 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, Map Vlll-7, page 43):
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 Plan as Community Business (BC) and zoned Community Business (BC).
AUTHORIZATION
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 ..
Name of Property Owner Signature of Property Owner
(Print Clearl . , Date Signed
Property Address or
Assessor's Parcel Number
092104-9028
Acres
5.26
EACH SIGNATURE PAGE MUST CONTAIN THE DECLARA TION .A.ND CONDITIONS SO DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS
WARNING:
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.
No I' A iU I. I•: 0 .<-, ! i ;'\-1 ;v1 /\RY OJ, 'J H L S'f
TIii'.'. WILLL\:\l V. I'lUl!i:TI ., .JIC AND l'ATT! A. Plll!F'.TI
HEVOCAHLE LIVING TRUST
The undersigned hereby certify that they created a Revoc:ablc Living Trust. lh1s Trust i:o
known as: THE WILLIAM V. PRUETT, JR. AND PATTI A. PRUETT REVOCABLE UVI:\'G
TRUST, dutcd AJo i. ":_).:ii..<=-----------· WILLIAM V. PRUE.TT,
.ill. and PATTI A. PRUETT, Trustors and Trustees, reside at 31625 32 nd Avenue South, the
City of Auburn, State of Washington, County of King.
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
Description of Trust:
The parties hereto desire Lo confirm the establishment of a Revocable Trust on this
date, for the benefit of the Trustors (as husband and wife) and containing herein the foliowing
provisions:
l.
2.
3.
4 .
The Trustors are designated as the Trustees to serve until both of their deaths,
resignations or incompetence. Only one Trustee is required to execute any financial
documents and/or transfer of real or personal property on behalf of any trust assets.
Upon the end of the terms of the original Trustees, CORRINE WILDONER 1s
designated as First Successor Trustee. WILLIE SUE BRANCH is designated as Second
Successor Trustee.
Upon the death of either Trustor, the surviving spouse retains the unlimited right to the
Trnst. She or he also retains a general power of appointment which can be exercised by
wi11 or by lifetime transfer over the Trust property.
Any single Trustee/Trustor has the power and authority to manage and control,
buy, sell, and transfer the trust property, m such manner as the Trustee 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 same, including the power to
grant, bargain , sell and convey, encumber and hypothecate, real and personal
property (including but not limited to mortgages, deeds of trust and reverse
mortgages), and the power lo invest in corporate obligations of every kind, stocks,
preferred or common, and lo buy stocks, bonds and similar investments on margin
or other leveraged accounts , except lo the extent that such management would
cause includability of an irrevocable trust in the Estate of a Trustee
NOTARJZED SUMMARY OF TRU S T
Page 1
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B 0921049139
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D 0921049187
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KENT, WA 980.32
425.2Si.6222 BARGHAUSEN.C0\1
For:
Title :
COBALT
FEDERAL WAY
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JOB NUMBER
20833
2083JL.001.DOC
SHEET
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D[SIGN[D ___ _xxx.. ORAVIN _JS£_ C.'l[CKED DG. APPROVEO ___ BD_G_ DATE _Q9_l0 .. J.9.
LEGAL DESCRIPTION
AREA TO BE ANNEXED
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEA ST 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 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.
Project Name: Cobalt Federal Way
September 10, 2019
BOG i JSE
20833L.001.doc
Exhibit B
Vicinity Map
South 320th Street Annexation
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BARGHAUSEN
CONSUL TiNG ENG!l~C:ERS, ~JC
Hl215 721~D AVENUE SO/JfH
KENT, W.4 9EG32
425.251.f.22.2 BARGHAL1.Sn>J COM
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FEDERAL WAY
AREA OF
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208.iJL.001.00C
SHEET
Exhibit C
Aerial Pl1oto
South 320th Street Annexation
10/24/2019
II Site Address
Parcels
Exhibit D
60 Percent Petition to Annex
December 20, 2019
City of Federal Way
Community Development
33325 8th Ave. South
Federal Way, WA 98003
King County Department of Assessment
500 Fourth Ave .
#ADM-AS-0708
Seattle, WA 98104
REQUEST FOR SUFFICIENCY DETERMINATION OF A 60% ANNEXATION PETITION
FEDERAL WAY -320 th STREET ANNEXATION
TO WHOM IT MAY CONCERN:
Attached please find an executed 60% petition for the 320 1h Street Annexation, including:
¢ Signed "to-form'' annexation petition as required by the City
c:> 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 the area to be annexed
¢ A spreadsheet indicating parcel numbers, assessed valuation and % of valuation signed
Pape Properties, Inc. becam e the owners of all seven parcels with the annexation area on December 91h and 10 1h,
which transactions can be located at the following recording numbers:
Recording#
20191210001552
20191209000175
20191209000174
20191209000172
20191209000170
20191209000169
Tax Parcel#
092104-9160-09
092104-9316-02 & 092104-9139-07
092104-9140-04
092104-9206-05
092104-9187-08
092104-9028-01
Upo n reaching a sufficiency detenninatio n, we respectfully request return of these documents along with said
determination to the Cily of Federal Way at the address first listed above.
Should you have any questions, please do not hesitate to contact me at any lime.
Very Sincerely,
~-~
David K. Toyer
/founder/
CITY OF ~
Federal Way
DEJ>ART~lENT 01' COMMUNl'n' DEVELOPMENT
33325 8111 A\'cnuc South
Federal Way WA 98003
253 -835-70()0
·" \\ ll -ll \LI ll;;:d,1 ,,h, "' ... ,,111
NOTICE OF INTENTION TO PETITION FOR
ANNEXATION
TO: HONORABLE MAYOR AND CITY COUNCIL OF Tl IE CITY OF FEDERAL WAY
33325 8"' A VENUE SOUTH , FEDERAL WAY, WASHINGTON, 98003
The undersigned, who are a proportionate share of the existing city indebtedness and the owners of not less than
sixty percent (60%) in value, according to the assessed valuation for general taxation of property for which 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 proceedings:
• 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.
City Council Meeting Minute Entry:
MOTION: Councilmember 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 zoning de{>ignations and that the area 10 be nnnexed be
required to assume e proportionate share of exisiing city indebtedness. Councilmember Moore seconded the
motion. The motion carried 7-0.
It is requested that the City Council of the City of Federal Way set a date for a public hearing with the undersigned
to determine:
I. Whether the City Council will accept the proposed annexation
Although there is no time limit specified in the annexation sratutes as 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 from the petition
by the City Clerk at the time he or she certifies the petition.
This page is one of the group of pages containing identical texl 1111tterial and is intended by the signers of this Notice
of Intention to be presented and considered as one Notice of lntention. and may be filed with other pages containing
additional signatures which cumulatively may be considered as a single Notice of lntention.
RECORD OF ACTION TAKEN WITHOUT MEETTNG
BY THE DIRECTORS OF
PAPE PROPERTIES, INC.
The following action is taken by the Directors without a meeting but upon the tmanimous written consent of the
Directors as shown below:
RESOLVED, that the Directors of Pape Properties, Inc. approve the purchase oft he following properties
located in Federal Way, WA from the following sellers:
-Seller's Name Address Parcel#
Rand Group, LLC 3001 S. 320th Street, Federal 921049139
Way WA98003
Rand Group, LLC 3010 S. 320th Street, Federal 921049316
Way, WA 98003
Squaw Peak Properties, LLC 3014 S. 320th Street, Federal 921049187
WavWA98003
Henderson Family Trust 3112 S . 320th Street, Federal 921049140
Way WA 98003
Judy James 3114 S. 320th Street, Federal 921049206
Way WA 98003
Birkirandeep Singh, Balbir Birk, Sukhraj 3126 S . 320th Street, Federal 921049160
Sinsrll. Lukbinder Johal Way WA 98003
William Pruett and Patti Pruett 31625 32nd Ave S ., Auburn WA 921049028
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 Pape is hereby
authorized to sign al1 documents required to complete this transaction.
EFFECTIVE DATE: December 3, 2019
APPROVED:
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Randall Jord an Pape T
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LaJCC -~J!!<::li scn
OWNER'S SIGNATURE PRINTED NAME ADDRESS & PARCEL DATE SIGNED
I. 31625 32ND A VE S 98003 /2. I .ff.el _J:L
~-L/JtJi 1Jo1-1, /.NJ f-rJ
0921049028
7
2. NO SITE ADDRESS J.zJJ/;_,_l_l!L
¥-7 -IA""a .A•au-"' J b-1
092104-9139
3. 3001 S 320TH ST 98003 JYJY-tl
7~-ifi,•cc Jo,u, (NJ f"-'
092104-9316
4. 3014 S 320TI I ST 98003 I ?:_I JJL.1:1
~ 092104-9187
LA/.JU J ()lll1..vJ f-N
5. NO SITE ADDRESS /7-I !bl _jj_
~ 092104-9140
L/JN{( J~'t1.(,fJV,j[N 7 -
6. NO SITE ADDRESS I 2 I Jb; _Jj_
/~~ LAIVU JoitU,v.{ f,v
092104-9160
7. 3114 S 320TH ST 98003 { l,_ I IY Ji_
~ LA1va lo11.u1Jf f-N
092104-9206
NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO
DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO
WARNING:
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 electlon when he or she Is not a lega l
voter, or signs a petition when he or she is otherwise nol qt1alified 1o sign, or who makes herein any
false statement, shall be guilty of a misdemeanor
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 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.
Project Name: Cobalt Federal Way
September 10, 2019
Revised January 8, 2020
BDG / JSE
20833L .001 .doc
T AX PARCEL NO .:
A 0921049028
B 0921049139
C 0921049316
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
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DES IGNED
BARGHAUSEN
CONSULTING ENGINEERS, INC .
18215 72ND AVENUE SOUTH
KENT, WA 98032
425 .251.6222 BARGHAUSEN.COM
XXX DRAWN ___ JSE ___ _
For:
Title:
CHECKED
COBALT
FEDERAL WAY
AREA OF
ANNEXATION
BDG 1\PPROVEO BDG
P.0.8. -;{
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JOB NUMBER
20833
208JJL.001. DOC
SHEET
1 of J
DA TE 0 9 J O l 9
S. 320th Street Annexation (Federal Way)
Parcel Number Acres Valuatlon % ofTotal
Valuation
092104-9140 2.28 $ 994,, 100 .00 19%
092104-9206 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%
092104-9316 0.36 $ 154,700.00 3%
092104-9187 2.09 $1;.077,800 .00 21%
$5 ,181.300 .00 100%
Exhibit E
King Co11nty Annexation Petition
Certification
~
King County
Department of Assessments
Accounting Division
500 Fourth A.venue, ADM-AS-0725
Seattle, WA 98104 -2384
(206) 263-2381 FAX (206) 296-0106
Email: nssessor.i11fo@l1i11gcounty.gov
!, 11 p1 /lil ww.l.fn .,ru1111h ... o,•/n-"sc~s111'{
John Wilson
Assessor
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the
King County Department of Assessments by David Toyer, President Toyer
Strategic Advisors, Inc., suppor ting the annexation to the City of Federal
Way of the properties described as the 320 th 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 s uch to be the case.
Dated this 15th day of January, 2020 -2 I // ) I,: ;;I
( ti. ~1 !/ ( --~ _/---·-----
John Wils on , J<jng County Assessor
"
Exhibit F
Response from the City of Federal Way
Finance Department
Margaret Clark
From:
Sent:
To:
Cc:
Subject:
Hi Margaret,
Based on 2019 property tax rate :
Ade Ariwoola
Tuesday , February 11, 2020 10 :57 AM
Margaret Cla rk
Chase Donnel ly
RE: Information for Pape Annexation
• City's rate 0 .97350/$1,000
• County 's Road District which is in-leu of the City 1.87677 /$1,000
• 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
Ade/_Ari/.A/OoLa/ /v12sA/ cc;F/v1
Finance Director
City of Federal Way
City Half
33325 ffh 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, AICP
Principal Planner
tu, rw
Federal Way
33325 8 th Avenue South
Federal Way, WA 98003 -6325
Phone: 253/835 -2646 Fax : 253/835-2609
www.cityoffederalway .com
Exhibit G
Correspondence from Lakehaven
Water & Sewer District
Margaret Clark
From:
Sent:
To:
Subject:
Attachments:
Margaret,
Brian Asbury <BAsbury@lakehaven .org>
Thursday, December 19, 2019 2:27 PM
Margaret Clark
City of Federal Way Annexation -NEC of 1-5 & S 320th St
19-104441-PC-Annexation.pdf
Lakehaven's comments below, regarding the proposed City annexation of seven (7) tax parcels (0921049028,
0921049139, 0921049140, 0921049160, 0921049187, 0921049206 & 0921049316). Let me know if there's any
questions or if additional information is needed.
0 These properties are within Lakehaven's corporate boundary, and within Lake haven's water & sewer service
boundaries.
• The existing water & sewer systems have the capacity to serve anticipated future land uses/development on these
properties.
• Lakehaven has no comment on the proposed annexation. Future site development will require extension of water &
sewer system facilities {including extend-to-far edge for sewer), under Lakehaven's Developer Extension Agreement
process.
Brian Asbury
Development Engineering Supervisor
lake haven
The contents of this email may be determined to be a public record and subject to disclosure pursuant to RCW 42 .56
regardless of any expectations or claims of confidentiality or privilege asserted.
1
Exhibit H
Technical Appendix D to the
2016 King County Comprehensive Plan
Attachment H to Proposed Ordinance 2016-0155
Technical Appendix D to 2016 Comprehensive Plan
ti
King County
2016
King County Comprehensive Plan Update
TECHNICAL APPE:NDIX D
GROWTH TARGETS A.ND THE URBAN
GROWT.H AREA
D-1 ((Ser~tember...:l)) {'IO\'C 11TiJcr 22, 2016
Technical,·A endi~ D · _ ·
Growth Targets and the
Urban Growth Area
Table of Contents
I. Abstract ...................................................................................................................................... 3
II. Background ................................................................................................................................ 4
Ill. Size of the Urban Growth Area ................................................................................................ 5
A. Growth to be Accommodated .................................................................................................. 5
1. Projected Countywide Household Growth ............................................................................ 5
2. Allocation of Population, Housing and Job Growth within King County ................................ 6
3. Allocation of Projected Household Growth to Cities and Unincorporated King County ....... :11
B. Land Capacity in the U GA ...................................................................................... : .............. 12
1. Countywide ......................................................................................................................... 12
2. Unincorporated King County ............................................................................................... 13
IV. Conclusion .............................................................................................................................. 13
0-2
I . Ab s tract
Thi s appe ndix pr ovides an analysi s of growth trends in order to review the size and locatio n of the
Kin g County Urban Gro wth Area (UGA ). The append ix discusses the factors that con tribute to
revie w of the .drawing of the UGA to accommodate projected population growth by 2022 pursuant
to the state Growth Management Act (GMA). The releva11t Info rm ation for this study came from
reports of the varl.ous tech nical committ ees assigned to provide da ta for the UGA, the Countywide
Planning Policies, the El"ivironmental f mpact Statements of the Countywide Planning Policies and
ll,e King County Com pre hens ive Plan, the Buildable Lands amendment to the GMA, the VISION
2040 plan of the Puget Sou nd Re gion al Co un cil, and a revi ew of the work of other jurisdictions
developing similar policies throughout the country.
Ap p endi x D was originally prepared i n 1994 and updated in 2004, 2008 and 2012. This Ap J:)e ndix
D-20 16 supplements the original with new in fo rmation. The analysis was updated in 2004 and
2008 to reflect four c hanges since 1994:
Growth of population, housing units and jobs ih the years sin ce 19 94;
New population forecasts prepared by Washington State in early 2002 and 20 07 ;
The King County Bu ildab le Lands Report, comple ted In 200 2 and 2007 pu rsua nt to the
1997 Buildable Lands amendment to the GMA; and
New pr inciples for allocating growth, specifi cally that eac h jur isdiction acc omm odate a
share of the forecasted growth and that population and job growth should be Tn balance.
This 2016 Appendix Incorporates the original Ap pend ix D by reference , but does not address
issues already covered by the original, such as del ineat ion of the UGA. Therefore , it supplements
but does not re place Append ix D . This revised Appendix describes modifications to the
assumptions and met hodology used to extend the original growth targets beyond 2012 .
In 2002 , 20 07 and 2014 , King County and its citie s compil ed land supply, land capacity and density
data and submitted an evaluat ion report under the Build a ble Lands amendment to the GMA. This
report contained curren t rneasures of land capacity , re vise d to repr es ent adopted plqn s and zon ing
throug hout King County's UGA. This updated, more accurate la nd Su pply info rmation was
co m bine d with the updated land Deman d inform ation from Sta te forecasts , in order to review the
size and adequacy of the UGA.
The f(lng County UGA Is si ze d to adeq uate ly accommodate projected growth while also accounting
for un predictable circumstance s that co uld a lter the calculated supply of buildable land or the
number of households needed to accommodate projec ted popu lation growth . Th e location of the
lJGA takes in areas of the County tha t alrea dy have urb an services or have so lid co mmitments for
urban servi ces , and as a resul t, would be lnco hSistent with the criteria for rural land. The most
rece nt Buildab le Lands inf orm ati on, c omplete d in 2007 and upda ted in 20 14 , affirms the adequa cy
of the existing UGA to accom modate all of the co unty's projected g rowth th rough 203 1 ((2-2)) and
beyond . This is tr ue both for th e en ti re Urban Growth A rea a nd for t he unin corporated portions of
the UGA.
In 20 15, the sta te Departm ent of Comme rc e ac knowledged that th e 2012 King Cou nty
Comprehensive Pla n satisfie s the GMA req uireme nt for a 2015 plan update, inc lud 111 g the g rowt h
targets co nt aine d in the 201 2 Comp rel1ensive Plan th at al locate hous in g an d job gr01Nth th roug h
2031. As such. the 2016 Up date is subje c t to the rules applicable to an annual compr ehens ive
plan ame ndment. The GMA does. not requ ire th e county to complete another comp re hensive plan
update until 2023 .
D-3
II. Background
The Countywide Planning Policies established a framework Urban Growth Area {UGA) for King
County. King County designated a final UGA in its 1994 Comprehensive Plan based on this
framework . Each city with in King County is responsible for determin ing , through fts comprehensive
plan , land use within its borders, including accommodating the broad range of residential and
nonresidential uses associated with urban growth. K ing Coun ty is responsible for establishing la nd
use in the unincorporated portion of the UGA through its comprehensive plan.
Key factors used in setting the UGA include population forecasts, growth targets, and land
capacity. Population forecasts are predictions about future behavior based on past trends.
Growth targets are a jurisdiction's policy statement on how many net new housing units it intends
to accommodate in the future based on population forecasts and the expected size of the average
household. Land capacity is derived from an estimate of vacant land plus the redevelopment
potential of land already partially developed or underutilized. Discount factors are applied to the
estimate of land capacity to account for probable constraints to actually developing the land.
Forecasts are useful as an indicator of the potential future demand for land. Targets follow the
development of specific goa ls and objectives for future growth and, under the GMA, they must be
supported by commitment of funds , incentives , and regulations. Discounted capacity is a realistic
estimate of how much growth may be accommodated in a geographic area.
Under the GMA, each county is required to ac commodate 20 years of population growth. Counties
are to establish UGAs "within which urban growth shall be encouraged and outside of which growth
can occur only if it is not urban in nature" (RCW 36.?0A.110{1 )). Further based on OFM population
__ p ro jections , .th e GJVIA req ui re s Liu UGA to "include areas and densiti es suffici.enLto_permit tbe ___ _
urban growth that is projected to occur fn 1he county for the succeeding twenty-year period" (RCW
36.70A.110(2)). As part of the county's planning, it must accommodate housing and employment
growth targets , including institutional and other nonresidential uses. As specified in RCW
36.?0A.110(1 ), all cities are places for urban growth and, by law , must be included within the
Countywide UGA. In ad di tion , unincorporated areas may be in cluded with in the UGA "only if such
territo ry alrea d y is characterized by urban growth or is adjacent to t erritory already characterized by
urban growth". Each UGA also shall include greenbelt and open space areas (RCW
36. ?0A.110(2)).
Sev e ral GMA goals, such as those dealing with affordable housing , economic development, open
space, recreation , and the environmen t, have an impo,tant bearing on these UG.A requirements .
T hese goals need to be balanced with those which encourage e'fficient urba n growth and
discourage urban sprawl.
The so-called "concurrency" goal for public facilities and services directs juris_dictions to ensure that
"those public facilities and services necessary to su p po rt develop m ent shall be ad e quate to serve
the development at the t ime the developmen t is ava ilable for occupahcy without decreasing current
service levels below locglly established minimum standards" (RCW 36.?0A.020(12)). Ensuring
adequate land for industrial and commercial deve lopment and providing enough land to allow for
cho ices in where people live will help advance economic development a nd maintain housing
affordability. !f the UG.A. is adequately sized , then pressures to develop on environmenta!!y
constrained land and on areas set-aside for open space are reduced. These factors must be
balanced with the goal of reducing urban sprawl when determining the UGA.
C-4 ((Sepiemller l )) , !ovember 22. 2016
Ill. Size of the Urban Growth Area
A. Growth to be Accommodated
1. Projected Countywide Household Growth
The Growth Management Act (GMA), adopted in 1990, requires Washington State counties to
accommodate forecasted growth, to alloc ate that growth among their jurisdictions and to designate
Urban and Rural areas. In King Co unty, the allocation takes the form of "growth targets" for
household/housing unit and job growth over a 20-year or 25-year Growth Managemen t pe rio d.
The first set of growth targets was enacted by K ing Cou nty th roug h the Countyw ide Planning
Policies in 1994. For the period 1992 to 2012, the targets specified a range · of household and job
growth each city and the unincorporated area were expected to accommodate . These targets
allowe d King County jurisdictions co llectively to accommodate the 293,100 additional people
forecasted for the period 1992 to 2012 . The growth targets were updated in 2002 to guide growth
for the period 2001 -2022, and again in 201 O for the 2006 -2031 planning horizon.
The GMA re qui res a ten-year update of Growth Management plans. During the period since the
first set of targets were adopted , six new cities have incorporated in King County, and other cities
have annexed large areas. By the time of th e 2000 Census , King County had 173 ,0 00 more
res idents than in 1994 . Furthermore, in 2002 and again in 2007 , the Washington State Office of
Fin anci al Management (OFM) released a new set of populat ion fo recasts for whole countfes , out to
2030 .
It is important to note that the 2002, 2007 and 2012 OFM forecasts ratified the accuracy of earl ie r
forecasts, of the adopted targets, and of the 1994 delineation of the Urban Growth Areci (UGA).
King County population growth si nce 1994 has l rac ked we ll against OFM 's forecasts wh ich were
the basis for the 1994 Compre hens ive Plan targ ets an d UGA. T herefore, no ra dical change to the
targets is necessary -only an extension to accommodate additional years of growth.
Land use decisions are more closely dependent on th e expected grmvth in households and
dwelli ng un its th an on simple population forecasts . As a result , the OFM popula ti on fo recast of an
addi tio nal 469,000 peopl e between 2006 and 2031 must be tran slated into a number of add iti onal
households in order to be meaningful for purposes of land use planning . Household size is an
estimate of the number of people expected to live in each dwelling unit and is used to calculate
how many new househ olds will be needed to accommodate the expected in crease in population.
The paragraph s below explain how ana lysis of forecasts and household s izes resul ted in the
translation of the OFM populat io n forecast in to new househo ld and job growth targets fo r 2031.
The Growth Management Planning Council (GMPC), mad e up of elected offi cia ls rnpresenting
King County jurisdicti ons, appointed a committee of planning directors and other city and county
staff lo plan methodology and de ve lop new targets , fo r both the 2 002 and post-2007 target
updates . The committee's methodology grew out of two pr i nciples: that each j urisdicti on would
take a sha r·e of the County's requ ired growth , and there would be an earnes t attempt to balance
household and job growth in broad clusters of jurisdictions .
D-5
The methodology began by removing "group quarters" (institutional) population from consideration,
since such population does not constitute households living in housing units. The methodology
also removed Rural areas from consideration as locations of growth. This assumed Rural areas
will gain only a small share of total household growth -four percent of total grovvth, later reduced
to three percent -consistent with recent trends. Remaining steps of the methodology focused on
the Urban Growth Area, in order to accommodate the projected growth there. See Summary of
Methodology below.
Table A Population
2006
Total Population 1,835,000
less Group Qtrs. 38,000
= Pop. in HHolds 1,797,000
divided by HHsize 2.36
= households 761,400
+ vacancy rate 4.8%
= housing units 799,800
Population
2031
2,304,300
57,500
2,246,800
2.26
994,000
4.3%
1,038,400
25-year
Change
+ 469,300
19,500
449,800
-0.19
+ 232,600
+ 238,600
Notes
a.
b.
c .
d .
less Rural 48,000 53,400 5,400 e.
= Urban housg units 751,800 985,000 + 233,200
Notes:
a. Source of countywide population forecast: OFM Dec 2007, and Vision 2040.
b. Group quarters (institutional population) forecasted to increase approx 50%.
c. Average household size forecasted to decrease moderately.
d. Vacancy rates, currently high, forecasted to return to historical averages .
e. Rural areas are projected to take 3% of countywide population growth
f. Urban housing units to allocate:+ 233,200 housing units over 25 years 2006-2031 .
All numbers are rounded.
Sources: US Census , OF M, King C.oun ty Taraets Comm illee, and King County PSB .
f.
2. Allocation of Population, Housing and Job Growth within King County
New OFM and PSRC Forecasts and New Policy Guidance from Vision 2040
Washington State's Office of Financial Management released new population projections in 2007,
which showed King County growing at a faster rate than previously forecasted. OFM projected
one-third more growth by 2022 than its 2002 forecast had predicted . Overall, for the extended
planning period, the county is expected to grow by about 469,000 people between 2006 and 2031
to a total population of 2.3 million . OFM provides a range of forecasts from high to low, but King
County has used the medium or what OFM deems the "most likely" forecast number. The medium
forecast for King County in 2030 is about 2,263,000 persons.
Employment forecasts released by PSRC in 2006 showed growth in the county, over this same 25-
year period, of about 490,000 jobs to a tota! of about 1.7 million jobs in 2031. This is a!so an
increase over the earlier employment targets which, over a somewhat shorter period, anticipated a
22-year increase of 289,000 jobs in King County .
0 -6 ((Sepl eniber ;i) N<n '1)l;;er 22. 2016
In 2008 , the Pu get Sound Reg iona l Council ado pted VISION 2040 , a growth managem ent,
transportation , arid economic development strat egy for the 4-county region . With VISION 2040, the
PSRC has amended it s Mu lti county Pl an n ing Policies (MPP s) to address coord i nated action
around a range of policy areas , including development patterns and the distribution of growth. King
County also updated the Countywide Planning Policies in 2012 to address the policy guidance
contained in the newly updated MPPs.
VISION 2040 also contains a Regional Growth Strategy that provides substantive guidance for
planning for the rough ly 1.7 millio n additional people and 1.2 milli on addi t iona l jobs exp ected in the
re g io n between 2 000 and 2040 . The st rat egy retains much of the discretJon that counties and cit ies
have i n se tting local ta rgets , while call i ng for broad shifts in where growth locates within the region.
It establish es six clusters of jurisdictions called "reg iona l geograph ies '' -four types of c ities defined
by size and status in the region and two unincorporated types , urban and rural. 1 In comp a rison to
previous trends , the Strategy calls for:
• Increasing the amount of growth targeted to cities that contain regionally designated urban
centers (to include both Metropolitan Cities and Core Cities)
• Increasing the amount of growth targeted to other Larger Cities
• Decreasing the amount of growth targeted to Urban unincorporated areas, Rural designated
unincorporated areas, and to many Small Cities
• Achieving a greater jobs-housing balance within the region by shifting projected ((~
laoofl)) popul ati on growth into King County and shifting forecasted employment growth out of
King County.
New Growth Targets, 2006-:-2031
To guide the required upd ate of comprehens ive plans, the GMPC ap proved a new s et of housing
an d job growth targets for each K ing County jurisdiction, co vering the 25-year period 2006 -2031.
Th ese were adopted in 2010, re -adopted w ith the Countywide Planning Polici es in 2012, and are
still in effect. The new updates to the targets, based on the 2007 population projections from OFM
and the requirements and policy framework contained in VISION 2040 , provide substantive
guidance to cities so they can update their 20-year comprehensive plans. New growth targets
extend the countywide planning period horizon to 2031, 20 years beyond the originally-s lat ed 2011
comprehens ive plan update dead li ne . The new targets are orga nized by the Regional Geography
categories in VISION 2040. This new geography re p laces t he 4 pla n ning suba reas-Seashore,
East County, Sout h County, and Rural Cit ies-which provided a fr amework for allocat ing the
1 Under VISION 2040, King County jurisdictions are clustered in six "regional geographies":
-Metropolitan Cities : Seattle, Bellevue
-Co re S uburban Cities : Auburn, Bothell , Burien, Federal Way, Kent, Kirkland, Redmond,
Renton, SeaTac, Tukwila
-Larger Suburban Cities: Des Moines, Issaquah , Kenmore , Maple Valley, Mercer Island,
Sammamish, Shoreline, Woodinville
-Small Cities : · Algona, Beaux Arts, Black Diamond, Carnation , Clyde Hill, Covington , Duvall ,
Enumclaw, Hunts Point, Lake Forest Park, Medina, Milton, Newcastle, Normandy Park, North
Bend, Pacific, Skykomish , Snoqualmie, Yarrow Point
-Urban Unincorporated King County: all unincorporated within Urban Growth Area
-Rural Unincorporated King County : rural-and resource-designated areas outside UGA.
D-7 (/Sepiemlle, ~ ), ~-o·,e111i1cr 22, 2016
targets in the earlier CPPs . Where the previous targets fo ste r j ob s-housing balance in the 4
subareas, the new target approach a ims to achieve impro v ed bala nce at the county level and
within jurisdictions classified by Regional Geographies.
These new growth targets for King County move toward achieving the desired pattern of growth
laid out in VISION 2040, while recognizing the long-term nature of the regional land use goals and
the many challenges involved in moving away from past growth patterns .
Su mmary of M e th o dolog y
In 2009, a committee of policy and technical staff from the county and cities convened to develop
u p d ate d growth t ar gets as a coll abo rati ve efforl The committee prepared a set of draft working
ta rg ets for la rg e ar eas-t he co un t y a s a who le and Regional Geographies-then began the
p ro cess of allocatin g th e Regional Geog ra phy growth numbers to each individual jurisdiction. The
me thodolo gy us ed to ge nerat e the draft ta rgets included the following steps and factors:
• Establish target time frame. The year 2031 was established as the target horizon year,
giving cities a full 20-year planning pe rio d f rom the o rig inal GMA update dead li ne of 2011.
The year 2006 was used as a base ye ar because of th e ava ilab ili ty of co mp l ete da t a,
including Buildable Lands estimates. Nota bly, t he propo se d t arget ranges did not account
for annexations s ince 2006.
• Establish county total for population growth. Assuming the 4-county region as a whole
pl a ns for the mid-rang e proj e ction of pop ula ti on , King Cou nty gets 42% of the regio n-wide
po pulation growth throu g h 2031, consis t ent w ith VISION 2 040 . Th e r esul t: gro wth of
567,000 people between 2000 and 2031 to a to ta l popula t ion of 2,3 04,00 0. Th is n umbe r
represents a small shift of population to King County from other counties, compared with
OFM projections.
• Establish county total for job growth. Using the PSRC forecast of employment for the
region, King County gets 58% of the regional employment growth through 2031, consistent
with VISION 2040 . The result: growth of 441,000 jobs between 2000 and 2031 to a total of
1,637,000 jobs. This number represents a shift of about 50,000 jobs out of King County to
the other three counties in the region compared with earlier forecasts.
• Allocate population to Regional Geographies within the county, based cl ose ly on
VISION 2040, but also acco unti n g for f acto rs such as re cent growth trends and anticipated
annexation of major PAAs.
• Convert population to total 2031 housing units. Housing units are the element that
jurisdictions can regulate and monitor. Also, VISION 2040 ca ll s for ho usin g unit ta rgets for
each regional geography and jurisdiction . This is a c han ge from the previous King County
CPPs , which set targets for households . Total ho usin g s o c k neede d in 203 1 was
calculated based on the following assumptions:
assumed group quarter (institutions) rates, 2.5% of the year 2031 population ;
assumed future average household size , 2.26 persons per household , a decline of
0 .14 persons per household from the 2000 Census;
assumed vacancy rates to convert households into housing units, a countyw ide
average of 4 .3%.
Each of the assumptions was adjusted to fit the demographic and housing market
d ifferences between Regio nal Geographies .
• Calculate housing growth need within Reg ional Geograp hies. As a fi na l step , the base
year (200 6) housing stock was subtrac ted f rom the total 20 31 un its t o detertni ne the net
addit iona l new housing units n ee ded by 2031 in each Regional Geography.
• Allocate employment growth to Regional Geographies within the county, based closely
on VISION 2040, and also accountin g for employment changes since 2000 .
The results of this process are shown in the tables below.
Table 1: Population by Cou nty
Reg'I Growth Population
Population Population Strategy Change
Year: 2000 2030 2000-2040 2000-2031
King 1,737,000 2 ,263,000 42.3% 567,360
Snohomish 606,000 950,100 26 .1% 349,510
Pierce 700,800 1,050,900 23.0% 307,970
Kitsap 2 32,00 0 314,600 8 .7% 116,760
Region 3,275,800 4,578,600 100% 1,341,600
Table 2: Jobs by County
~nare ot
Jobs Jobs Job Growth lob Change
Year: 2000 2030 2000-2040 2000-2031
King 1,196,043 1,664,780 57 .7% 441,372
Snohomish 217,673 350,001 20 .1% 153 ,754
Pierce 261,695 367,248 17.1% 130,805
Kitsap 84,632 115,649 5.1% 39,012
Region 1,760,043 2,497,678 100% 764,943
Table 3: Population and Hous ing by Regional Ge o g ra phy in KT ng Cou n ty
Sha re of 25-Year Pop .
Group
Quarters Persons per Vacancy Housing
Pop Growth Change Share Household Rate Units Needed
Regiona l Geography 2031 2031 2031 2006-2031
Metro Cities 44% 206 ,100 4.5% 2.035 4.7% 103,100
Core Sub Cities 30% 139 ,700 1.5% 2.260 4.4% 72,900
Larger Sub Cities 13% 62 ,200 1.9% 2.450 3.6% 29,000
Sm aller Sub Cities 5% 22,700 0.5% 2.540 3.0% 10,800
Uninc Urban 5% 25 ,300 0.5% 2.600 3.0% 18,100
Rural 3% 13 ,000 0.5% 2.800 5.0% 5,400
Ki ng Cou nty Total 100 % 469 ,000 2.5% 2.26 4.3% 239,200
UGAonly : 233,800
0-9 ((Sepleml)er-1 )) Nvv=her "2 2016
Table 4 : Jobs b y Reg io nal Ge ograp hy in King Co unty
Share of Future Job Total Adjusted for Total Share of Job
Data: Growth New Jobs 2000-06 growth New Jobs Growth
Year : 2000-2040 2000-2031 2006-2031 2006-2031
Metro Cities 45.2% 199 ,700 -199,700 46 .5%
Core Sub Cities 37.8% 166,700 . 166,700 38 .8%
Larger Sub Cities 10 .4% 45,700 3,000 42,700 9.9%
Smaller Sub Cities 3.2% 14,000 4,400 9,600 2.2%
Uninc Urban 2.7% 12 ,100 1,500 10,600 2.5%
Rural 0.7% 3,200 3,600 .
King County Total 100 .0% 441,400
UGA Only: 438,200 429,300 100.0%
Allocate housing units and jobs to individual jurisdictions . Wit hin each Regi o nal Ge og raphy,
staff met to deve lop a propos ed range of draft targets for housin g and job s for eac h juri sd iction.
Criteria that were used to inform the allocation included the following :
• Countywide Planning Policies, including previous targets for the 2001-2022 planning period
• Data from the 2007 Buildable Lands Report, including development trends and land
capacity
• Current population , jobs, and land area
• Local policies, plans, zoning and other regulations
• Local factors, such as large planned developments, and opportunities and constraints for
future residential and commercial development
• "Fair share" distribution of the responsibility to accommodate future growth
• Location within the county .
The results of this process ultimately became Table DP-1, which was reproduced on page D-14 of
Technical Appendix D to the 2012 Comprehensive Plan.
In Nove m be r 2015,. the GMPC ap p roved a technical adjustment to Table DP-1 to account for
recent annexa tions to Belle v ue, Bothell, Sammamish and Tukwila . Annexations shift the potential-
annexatio.n -area t arg et from unincorpo ra ted King Coun ty t o the annexing city. The revised Table
DP-1 , effective th rou gh January 2, 20 16, is repr od uced on page D-((4-9))14 of this Technical
Appendix.
Se e tab le of adjusted 2006-2031 ta rgets on pag e D-15. The table shows 25 -yea r househo ld
growth targets for each city and fo r uni ncorporated areas within the UGA. Unincorporated U r ba n
targets c1dd to on ly 11 ,140 hous in g uni ts , less than 5% of the ((¼ban area)) u rba n area tota l
housing target. Most of the Urban growth is ex pected to occu r In c ities. In addit ion , the adopte d
targets provi d e for annexat ion of the rema ining Urban ar e a by specify ing the nurnber of
house h olds in pote ntial ahnexatio n areas (P M s). i hese num bers are s hown as "P AA housing
target" in the tab le. As ci ties annex te r ritory, the respons ibility to accommodate t hat speeific sha r e
of growth goes with the annexation , and shi f ts from un incorporated target into a city target. Before
2031 , all of Kin g County is expected to be within cit y iimits except fo r d esigna ted Rura l and
Resource areas .
D-10 ((Sepl ember i )) No•1c n1hcr 22, 2016
In 2012, Washington State OFM released a new set of population forecasts. The 2012 forecast
was so similar to OF M's 2007 forecast (within 1 % in 2030) that revision of the targets was deemed
unnecessary, given GMA guidance to plan within a broad range of forecasted population growth.
3. Allocation of Projected Household Growth to Cities and
Unincorporated King County
The ((ldfe-aA -area)) urban area 2006-31 growth target of 233,00 0 housing units wa s all ocated to
each of King County's 39 cities a nd to the County's Urban unincorporate d area by th e Countywide
P lanning Po licies.' These targets are estimates of th e number of new hous ing units that
jurisdictio n s expect to rece'ive and pla n for during the period . The targets for each of the cities and
the uninco rpora ted area are intended as a guide with sotne f lex ibility to reflect the limited capa bility
of individual jurisdictions to determine their precise levels of growth . It is essential that each
j urisdiction adopt policies and regulations that allow the jurisdiction to accommodate that targeted
amount.
The allocation of households to jurisdictions is connected to the allocation of estimated future jobs.
Although not re qui red by the GMA, the Countyvvide Plann ing Policies i ncluded a 25-year
employment target in addition lo the housing target and also a ll o ca ted the employment target to
the cities and unincorporated King Coun ty. The Countywid e emp loyment growth target of 429,000
(Table 4) wa s based on job forecasts pre pa r ed by the Pug et Sound Regional Council and was
allocated to the c ities and the county based upon factors listed above. The cities ' housing targets
are tied in part to their employment targets because of the relationship between household and
em ploymen t growth and the need to support Urban Cen ters wh il e balancing local employment
opport unities in activity centers and neigh borhoo ds in th e urban area.
T argets represent a commitment by the jurisdiction to aecommodate growth . T he Countywlde
Pl anning Poli ci es require jurisdictions to plan for their ta rgeted growth and lo adopt a regu latory
framework an d the necessary infrastru cture funding t0 achieve the targeted growth. Th e way each
jurisd iction achieves its targets is within its discrEtlion. It Is the responsi bi lity of each j uri sdiction to
determine how best to plan for its growth targets. The jurisdictions impose a variety of regu latory
measures, appropriate to their area , to achieve their goals. It is the responsibility of Kin g County to
implement its growth targets through zoning de cisions and other policies in the unin corpora ted
areas.
U nder this methodology, new c ities are treated the same way as annexations. In this way, the
en tire Urban unincorporated al location can be distributed among the annexing and new cit ies as
th ey abso r b unincorporated co mmun ities over lirne. The Rural ta r get al location re mains in
unincorporaled K ing CoLinty becau e it Is not annexed or incorporated. An nexations to six Rura l
Cities are not s ubject to t hese adjustments because their target a ll oca tio n already inclu des th ei r
UGA expansion area.
King County Countywide Planning Policies, Policy DP-12 . King County Council Ordinance No.
17486, December 3, 2012 .
D-11
B. Land Capacity in the UGA
1. Countywide
King County is required by the GMA to ensure sufficient land is available to accommodate the
expected number of households within the planning horizon. Most of the anticipated growth will
occur in the UGA, including cities and unincorporated Urban areas . Estimating land capacity
involves ((mHBA-)) more than ((merely)) adding up all vacant and potentially redevelopable land in
the county. Land capacity is an estimate of the amount of buildable land that is likely to be actually
developable; that means taking the base, or raw, number and subtracting out land that is
unbuildable due to environmental and other constraints.
A 1997 amendment to the GMA required King County and its cities to measure "Buildable Land"
capacity , to verify that the Urban Growth Area has sufficient land capacity to accommodate our
targeted growth . The Buildable Lands amendment requires rigorous analysis of land capacity ,
using a methodology ensuring that the capacity measurement is realistic, not theoretical. The
factors for calculating land capacity must reflect the actual densities of development achieved by
the jurisdiction in the previous five years. King County and its cities followed these requirements ,
fully discounting for critical areas, future rights-of-way, public purpose lands and a market factor.
The market factor recognizes that, for market reasons, some buildable lands may not be
developed during the time horizon of the analysis .
In 2007 , us ing this methodology, King County jurisdictions conducted an updated inventory of land
supply (measured in acres) and land capacity (measured in housing units and jobs that can be
accommodated) as of 2006 . The 2007 Buildable Lands Evaluation Report (BLR), published in
September, 2007, concluded that the King County UGA contains more than 21,900 acres of land
suitable for residential growth . The UGA can accommodate more than 289 ,000 new housing units.
This capacity is sufficient to absorb the 2006-2031 target of 233,000 new housing units.
Furthermore, each of the Regional Geographies had sufficient capacity to accommoda t e their
growth targets.
The same exacting methodology was carried· out in the most recent buildable lands analysis . The
2014 Buildable Lands Report found a similar surplus of capacity in the King County UGA. As of
2012, the entire King County UGA has an estimated residential capacity of 417,300 additional
housing units , more than twice the remaining target of 177,600 housing units . Each of the Regional
Geographies has sufficient capacity to absorb targeted growth. The 2014 BLR also reported that
the UGA has c apacity for more than 658,000 jobs, 60% more than the remaining job target of
410,600 jobs . All the city Regional Geographies have a surplus of job capacity. These are
measures of current capacity, based on plans and zoning currently (2012) in place , estimated
using the rig orous meth odol ogy and cr it eria in the Buil dabl e L a nds amendment, RCW 3 6.70A.2 15 .
The 2007 an d 2014 Bu ildab le L ands R eports affirm that th ere exists sufficient cap acity i n the Ki ng
County UGA to accommodate the entire county's growth forecast through 2031. This includes
capaci ty for resi dential uses a nd non-resid en tial uses including insti t utional, comme rcia l and
indus trial uses . Based on th is up dated inform ation, it is clear that no change to the UGA is
necessary.
0-12 ((Septenit,er-1 )I NQYQ.r:fillN ?.l. 2016
2. Unincorporated King County
The Buildable Lands Evaluation Reports measured land capacity in each of King County's five
Urban Regional Geographies and by individual jurisdiction. Detailed information is available from
those Reports, incorporated here by reference.
( see http://your.kingcounty.gov/budget/buildland/bldlnd07 .htn, and
( (http ://ki n§-Wld~Gweie-?ts/J:)efffiitl-iA~i:ei=1meBtal-
1:eviewteeoos/2014 % .. 2-GK~~gl:J--iWaB1e-!V~bands % 2GR eport. a sf;}*))
http ://v-.iww.k inqcounty .gov/depts/permittinq-environmental~review/codes /2014-KC-Buildable-
La nds-Report.aspx ).
Unincorporated Urban King County as a whole can accommodate more than 12,700 new housing
units, only three percent of the Urban King County total, but sufficient to accommodate the
remaining unincorporated Urban target of 7,970 housing units. As unincorporated Urb an areas are
annexed to cities , the associated targets shift to the city, so that by the end of the planni ng period,
the unincorporated Urban target will dwindle to near zero.
The 2014 Buildable Lands Report measured an employment capacity in uni ncorporated Kin g
County of just over 6 ,900 jobs, slightly less than the rema ini ng urban un inco rpor ated target of
7,700 jobs. Under the GMA, VISION 2040 and the Countywlde Planning Policies, cities are
designated and intended to accommodate almost all employment growth in the county . Prior to
planning under the GMA, unincorporated King County absorbed a large share of the coun ty 's
residential and job growth . Since beginning to plan under the GMA, the county's growth has shifted
almost entirely into the cities . However , a commensurate share of urban unincorporated growth
targets did not shift into the cit ies. Annexations tran sferred m ore Gapa city than target into anne xing
cities. leaving residual unincorporate d t argets that are out of balance with actual capacity. Bea ring
in mind that the UGA as a whole does have sufficient capacity for commercial and industria l
growth, the small shortfall in urban unincorporated job capacity is a technical issue that will be
addressed as further annexations occur.
IV. Conclu si on
This Appendix provides updates to the Appendi x D of the 2012 Comprehensive Plan. In 2015, the
state Department of Commerce acknowledged that the 2012 Comprehens ive Pla n satisfies the
GMA requirement for King County to update a comprehensive p lan by June 2015. The Countywide
Plann ing Policies , also adopted in 2012, affirme d the growth targets for King Co unty and its cities
ro r the period 2006 -2031. Th ose targets remain In effect, and th ey guide cities and the e::ounty in
prepari ng comprehensive plan l.lpdates . Therefore, this Appendix augments the 2012 Appendix D
to explain how analysis of proj ected growth and capacity in the UGA led to the current 2006 -2031
growth targets.
King County 's fi rs t set of growth targets, cover ing the period from 19 92 -2012, was base d on
Was hingto n State OFM's 1992 po pulat ion forecast. The county 's actua l pop ula ti on growth tracked
we.II again s t the 1992 forecast. In 2002 , 2007 and 2012 , OFM pub lish ed revised forecasts whi ch
were used to update growth targets to cov er t he 2001 -2022 planning period, then the 2006 -
2031 period. King County's population growth has continued to track the OFM predictions well.
In 2007, OFM released a population forecast to 2030 that formed the basis for updating King
County gro wth targets in 2009. King County officials resp onded with an extensive process to
update the growt h targ ets again, ba sed on the 2007 fore cast. This update was conducted as part
0 -13
of t he rev1s 1ons made to the Countywide Planning Policies , which were recommended by the
Growth Management Planning Council , adopt ed by Ki ng County in 2012, and ratified by the cities
in 2 013. The update also incorporated guidance from the Puget Sound Regional Counci l's VISION
2040 plan, which calls for focusing housing and job growth into cities with major Urban Centers.
King County's current growth targets, covering the peri od 2006 -2031, were restructured from a
sub a rea orientation to fit six "Regional Geographies" outlined by VISION 2040. In complia nce with
VISION 2040, these new targets direct most growth (74% of housing, 85% of jobs) into two
"Metropoli tan Cities" and 10 "Co re Suburban Cities ", each with a major Urban Center. Within
unincorporated King Couhty , the targets provide for modest growth in Urban areas and very limited
growth in Rural and Resource areas.
Data from the 2010 US Census confirm that King County's population growth comports with OFM's
2007 forecast. Land capacity data from the 2007 and 2014 Buildable Lands Report, together with
updated development plans of the county's major cities, confirm that King County's Urban Growth
Area continues to be ap pro priately si zed in order to accommodate growth expected through the
year 2031, and that the UGA has sufficient capa city to accommod ate forecasted resid entia l and
non-residential growth including institutional, commercial and industrial uses . However, in
accordance with both county's Comprehensive Plan policies and the Countywide Planning
Policies, the Urban Growth Area may be adjusted if a countywide analysis determines that the
current Urban Growth Area is insufficient in size and additional land is needed to accommodate the
housi ng and employment growth targets, including institutiona l and other non-resid ent ial uses, and
there are no other reasonable measures, such as in creas i ng density or rezon ing exis ting urban
land , that would avoid the need to expand the Urban Growth Are<;1.
King County Growth Targets Update: Revised Table DP-1
Table for inclusion in Countywide Planning Policies, June 2011 -adjusted 2015
Regional Geography Housing Target PAA Housing Employment PAA Emp. Target
City I Subarea Target Target
Net New Units Net New Units Net New Jobs Net New Jobs
2006-2031 2006-2031 2006-2031 2006-2031
Metropolitan Cities
Bellevue 17,290 53.000
--·
Seattle 86,000 146,700
Total 103,290 199,700
Core Cities
Auburn 9,620 19.350 -
Bothell 3,810 810 5,000 0
Burien 4,440 5,610
Federal Way 8.100 2,390 12,300 290 -Kent 9 ,270 90 13,280 210
Kirkland 8 ,570 0 20,850 0
Redmond 10,200 640 23,000 --
Renton 14 ,835 3,895 29,000 470
SeaTac 5 ,800 25.300 -
T ukwila 4,850 50 17,550 0
:-
Total 79,495 170,590
D-14
Regional Geography Housing Target PAA Housing Employment PAA Emp. Target
City / S uba rea Target Target
Net New Units N et New Units Net New Jobs Net New Jobs
2006-2031 2006-2031 2006-2031 2006-2031
Larger Cities
i----Des Moines 3,000 5,000
Issaquah 5,750 110 20,000 -
Kenmore 3 ,500 3,000
Maple Valley" 1,800 1,060 2,000
Mercer Is land 2,000 1,000
Sammam ish 4,180 350 1,800
Shoreline 5,000 5 ,000
Woodinville 3,000 5,000
Total 28,230 42 ,800
Small Cities
Algona 190 210
Bea ux Arts 3 3
Black Diamond 1,900 1,050
Carnation 330 370 ,_
Clyde Hil l 10 -
Covington 1,470 1,320
Duvall l 1,140 840
Enumclaw 1,425 735
Hunts Point 1 -
Lak e Fores t Park 475 210
Medina 19 -
Milton 50 90 160
Newcastle 1,200 735 -Normandy Pa,-k 120 65
North Bend 665 1,050 . --
Pacific 285 135 370
Skykomish 10 -
-
Snoqualmie 1,615 1,050
Yarrow Point 14 .. ·-Total 10,922 8,168
Urban Unincorporated -Potential Annexation Areas 8,760 970 -----
North Highline 820 2,170
Bear Creek Urban Planned Dev 910 3,580 ---Unclaimed Urban Unincorp 650 90
Total 1 1,14 0 6,810
King County UGA Total I 233 ,077 428 ,068 I
~
0-15
Regional Geography Housing Target PAA Housing Employment PAA Emp. Target
CUv I Subarea Target Target
Net New Units Net New Units Net New Jobs Net New Jobs
2006-2031 2006-2031 2006-2031 2006-2031
• King County Growth Management Planning Council, adopted October 2009 and ratified by cities in 2010 . These were re-
adopted with the countywide planning policies in 2012 and ratified in 2013.
Targets base year is 2006 . PM/ city targets have been adjusted to reflect annexations through 2016.
•• Target for Maple Valley PM is contingent on approval of city-county joint plan for Summit Place .
D-:6 ((September--1 \) Nwla!mb er.22, 2016
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 RCW 35A.14.120; providing
notice of intent to annex to the King County Boundary
Review Hoard, 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 implementation strategics for the Potential
Annexation Areas (PAAs); and
WHEREAS, pursuant to RCW 35A. l 4. l 20, the City Council, on November 19, 2019,
accepted a l O percent petition for the "South 320th Street" proposed annexation area shown in
Exhibit A, which action authorized the circulation ofa 60 percent petition for annexation subject
to conditions that the area be designated and zoned Community Business (BC) and further that
the area assume its proportionate share of the City's indebtedness; and
WHEREAS, pursuant to RCW 35A.l 4.120 the initiators of the "South 320th Street Annexation"
have now obtained the signatures of property owners representing more than 60 percent of the cun-ent
total assessed value of all parcels (Exhibit B) within the proposed annexation area legally described in
Exhibit C ; and
WHEREAS, pursuant to RCW 35A.0l.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 Exh i bit D ;
and
WHEREAS, the annexation area being contiguous with the existing City limits, lies wi thin a
portion of unincorporated King County, which bas been established as the Federal Way Urban Growth
Resolution No . 20-Page 1 o/4
Area; and
WHEREAS, the annexation area as mapped in Exhibit A, lies within unincorporated King County
and may generally be described as an area of approximately twenty-one (21) acres, bounded on the
west by Interstate 5, on lhc north by a residential neighborhood, the east by the future 32nd Avenue
South, and the south by South 320th Street; and
WHEREAS, on March 17, 2020, a properly noticed public hearing was held pursuant to RCW
35A. I 4.130 and all persons who wished to provide testimony were beard; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
RESOLVES AS FOLLOWS:
St:l'lion I. Notice LlJ lnLcnl. Subject to Sections 2 through 4 below, the Federal Way City
Council authorizes staff pursuant to RCW 35A.14. I 20 and the requirements of the King County
Boundary Revicv,, Board to submit a Notice of Intention to Annexation, attached hereto as Exhibit
E, for the area legally described in attached Exhibit C and depicted in Exhibit A.
Sec tio n-· l11d eb1edncss. S'qmeq. The area legally described and depicted in attached Exhibits
C and A respectively, shall be required to assume its proportionate share oftbe general indebtedness
of the City of Federal Way at the time of the effective date of such annexation.
Sec\iQ!) J Land Use and Zo..!.!.ing_Qcsi_gt1_ntio11s. 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 (BC) and on the City's Official Zoning Map as Community Business (BC).
'.,L"t:tinn_J. No tice. A certified copy of this resolution, together with a copy of the 60 percent
petitio n and required Notice of Intention packet, shall be filed with the King County Boundary
Review Board in accordance with its procedures .
Resofution No . 20-__ Page 2 of 4
eclion 5. S .:vcra bi iil . 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 .
rrections. 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. Ratification. 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 immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 17th day of March 2020.
CITY OF FEDERAL WAY
JLl\1 FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
Resolution No . 20-Page 3 o/4
APPROVED AS TO FORM:
J. RY AN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 20-Page 4 of 4
Exhibit A
Map of Proposed Annexation Area
AREA
TO BE
ANNEXED
1'=200'
PARCEL C
in
N SOUTH 320TH STREET in
N
scALf. For:
HORIZONTAL 1 "=200 '
BARGHAUSEN
CONSUL TING ENGINEERS, INC.
Title :
18215 72ND AVENUE SOU TH
KENT, WA 98032
425.251 5222 BARGHAUSEN.cm,1
COBALT
FEDERAL WAY
AREA OF
ANNEXATION
Dl:SIGNED XXX Df?AWN _JS[_ CHf.'CKED __BOG Ai'PRO tEO _B.O G
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JOB NUMB[R
20833
208JJL 00 i .DOC
SH[[T
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Q 'T[ _Qg IO -19
Exhibit B
60 Percent Petition to Annex
December 20, 2019
City of Federal Way
Community Development
33325 8th Ave. South
Federal Way , WA 98003
King County Department of Assessment
500 Fourth Ave .
#ADM-AS -0708
SeaWe, WA 98104
REQUEST FOR SUFFIC IENCY DETERMINA T/ON OF A 60% ANNEXATION PETITION
FEDERAL WAY-320 th STREET ANNEXA TI ON
TO WHOM IT MAY CONCERN:
Attached please find an executed 60% petition for the 320 th Street Annexation, including :
c> Signed "to -form " annexation petition as required by the City
¢ Documentation support ing Lance Jorgensen's authority to sign on beha!f of Pape Properties, Inc .
¢ A legal description for the area to be annexed
¢ A map of the area to be annexed
1✓ A spreadsheet indicating parcel numbers, assessed valuation and % of valuation signed
Pape Properties , Inc. becam e [he owners of all seven parcels with the annexation area on December 91h and 10 1h,
which transac tions can be located at the following recording numbers:
Rec ording #I
201912 10001552
20'91209000175
201912090 00174
20191209000172
2019120900017
2019 12090 00169
Tax Parcel #
092104 -9160-09
092104•9316·02 & 092104-9139-07
092104-9140-04
092104-9206-05
092104-9187-08
092104-9028-01
Upon reach ing a sufficiency determin a ion , we respectfully request return of these documents along with said
dete rminatio n to !he City of Federal Wa y at the address first listed above .
Should you have any questions, piease do not hesitate to contact me at any time .
Very Sincerely,
~-¥-
David K. Toyer
/founder/
~
CITVOF ~
Federal Way
DEPARTMF.NT Of COMMl•!\'ITY Dt\'EJ.OPMt;NT
33325 8111 Avenue South
Federal Way WA 98003
253-835-7000
""",,.cit, ufk.J('n1h\ ,1~ .. ~·~1!..u
NOTICE OF INTENTION TO PETITION FOR
ANNEXATION
TO: HONORABLE MAYOR AND CITY COUNCIL OF TBE CITY OF FEDERAL WAY
33325 srn AVENUE SOUTH. FEDERAL WAY, WASJIIN(ffON, 98003
The undersigned, who are a proportionate share of the existing city indebtedness and the owners of not less than
sixty percent (60%) in value, according to the assessed valuation for general taxation of property for which annexation
is sought, hereby advises the Cily Council of the City of Federal Way that it is the desire of the undersigned residents
of the following area to CC!mtnence annexation proceedings:
• The property referred to herein is outlined on the map marked Exhibit "A" and is described in Exhibit
"B" attached hereto.
Tbc undersigned agree that this petition is signed by a propmtionate share of existing city indebtedness as required
in the November 19.2019 City Council Meeting.
City Council Meeting Minute En11:i 1:
MOTION: Councilmember Koppang moved that the City Council accept the Notice of Intention 10 Petition for
Annexation filed by the William V. Pruett, Jr, ll!ld Patti A. Pruett Trust on September 26, 2019, with conditions
to 1101 require adoption of new comprehensive plan and zoning designations and that the area to be an11exed be
required lo assume a proportionate share of existing city indebtedness. Councilmember Moore seconded the
motion. The motion carried 7-0.
lt is requested that the City Council of the City of Federal Way set a date for a public hearing with the undersigned
to determine:
1. Whether the City Council will accept the proposed annexation
Although there is no time limit specified in the annexation statl.lles as 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 from the petition
by the City Clerk :it the time he or she certifies the petition.
This page is one of the group of pages containing identical lext 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 mciy be considered as a single Notice of Intention.
I.
2.
... ., .
4.
S.
6 .
7 .
OWNER'S SJGNATllRE PRINTED NAME ADDRESS & PARCEL DATE SIGNED
31625 32ND A VE S 98003 /2.I j~/ ,,,,
~ 0921049028
L l)J.j( ( .. /21!..l I N) (-r,J
/t
NO S1TE ADDRES'S /.zj ill _l!l
LL ft.,,..,cr .A ·t: t-,-.•J f:N
092104-9139 .
/ 7
300 l S 320TH ST 98003 I ~1 & -1.:i
~-L/~PI ( ~'/l.l lNJ f:N
092 J 04-9316
/j'r
3014 S 320TH ST 98003 i z I J_J/-1:L
/0 092 l 04-9 J 87
/...Jit✓~{ Jc ,Ltt.JJJ t-N
.'NO SITE ADDRESS i ~-J jj_,_.:_J]_
// 0921 04-9 l 40
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NO STTF. ADDRESS I 2. 'lbi _lj
✓-.,,.-:-
LAl"CC Jo,--tutJ .{ fN
0921 04-91 60
/~,,,,._/_
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3114 S 320TH ST 98003 f 1=.__//1:_·...f1_
/" .,,::7-i.ANc:t Joll.U-JJf(-N
092104-9206
.d ·:::z2 ~
/' /:9
NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO
DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO
WARNING
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 lega l
voter , or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any
false statement, shali be guilty of a misdemeanor.
RECORD 0}' 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 unanimous written consent of the
Directors as shown below:
RESOLVED, that the Directors of Pape Properties, lnc. approve the purchase of the following properties
located in Federal Way, WA from the following sellers:
--Seller's Name Address Parcel# -
Rand Group, LLC 300 I S. 320th Street, Federal 921049139
-Way WA 98003
Rand Group, LLC 3010 S. 320th Street, Federal 921049316
Way, WA 98003 ' Squaw Peak Properties, LLC I 3014 S. 320th Street, Federal 921049187
WavWA98003
Henderson Family Trust 3ll2 S. 320th Street, Federal 921049140
WayWA98003 -Judy James 3114 S. 320th Street, Federal 921049206
WavWA 98003
Birkirandeep Singh, Balbir Birk, Sukhraj 3126 S. 320th Street, Federal 921049160
Singh, Lukbinder Johal _ --Way WA 98003
Wi11iam Pruett and Patti Pruett 3 1625 32nd Ave S ., Auburn WA 921049028
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 Pape is hereby
authorized to sign all documents required to complete this transaction.
EFFECTIVE DATE: December 3 , 2019
APPROVED :
----------
I
I
I
LEGAL DESCRIPTION
AREA TO BE ANNEXED
THAT PORTION OF THE SO UTHEAST QUARTER OF THE SOU TH EAST QUARTER OF SECTION 9 AND THE SOUTHWEST
QUARTER OF THE SOU T HWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE
MERID IAN, KING COUNTY, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS :
BEGINNING AT THE INTERSECTION OF T HE EA ST MARG I N OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF
SOUTH 320TH STREET;
TH ENCE ALONG SA ID 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 O F 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 .9 4 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. S;
THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN,
SOUTH 16°42'2 8 " 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 .
Project Name Cobalt Federal Way
September 1 D, 2019
Revised January 8, 2020
BOG/ JSE
20833L.001 .doc
TAX PA RCEL NO.:
A 0921049028
B 0921049139
C 0921049316
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
1"=200'
PARCEL C -
SCALE:
HORIZONTAL 1"=200'
BARGHAUSEN ~ CONSULIING ENGINEERS, INC.
182i5 72ND AVENUE SOUTH
KENT, WA 980]2
SOUTH 320TH STREET
For:
COBALT
FEDERAL WAY
Title :
AREA OF
425 ,251.6222 BARGHAUSEN.COM ANNEXATION
O[SIGN£0 .. xxx _ DRAWN JSF CHECKED ODC APPROVED ... OG._
/
DAT£
3 16TH ST
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JOB NUMBER
20833
2 08JJL.001.DOC
SHEET
1 of 1
09 10 9_
S. 320th Street Annexation (Federal Way)
Parcel Num~er Acres Valuation % ofTotal
Valuation
092104-9140 2.28 $ 994,100 00 19 %
092104-9206 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%
092104~93'16 0.36 $ 154,700 00 3%
092104-9187 2.09 $1 ,077 ,600.00 21%
$S 18 1,30 0.00 100 %
Exhibit C
Legal Description 9f Area to be Annexed
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 COUN TY, 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 . S;
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 .
Projeci Name: Cobalt Federal Way
September 10, 2019
Revised January 8, 2020
BOG/ JSE
20833L001 doc
Exhibit D
King County Annexation Petition
Certification
ti
King County
Department of Assessments
Accounting Division
500 Fourth Avenue, ADM-AS-0725
Seattle, WA 98104-2384
(206) 263-2381 FA,'!: (206) 296-0106
Email: as~e~~or.info@ltingcounty.gov
hll p:/111 ,·1 ,ll!ngc1 n11!1\',f!O \'/i l~.l t ·.~Ml
.John Wilson
Assessor
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted Dece1nber 26, 2019 to the
King County Deparhnent of Assessments by David Toyer, President Toyer
Strategic Advisors, Inc., supporting the annexation to the City of Federal
Way of the properties described as the 320th Street Annexation, has been
examined1 the property taxpayers, tax parcel nu1nbers, 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 Deparhnent of Assessments has not verified that the signatures on the
petition are valid thr ugh comparison with any record of actual signatures,
nor that the s1gnatures 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 ,,,...,,--) I ;I/,.
/ I I . J '·: ';\· ' t il t1r1!,r { ____ _
John ,¼ilso;1,-King County Assessor
Exhibit E
Notice of Petition to Annex to the King
County Boundary Review Board
(In process of preparation, will be included in the Council Packet)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON
ANNEXING APPROXIMATELY TWENTY-ONE (21) ACRES KNOWN AS
THE "S. 320 th STREET ANNEXATION," INTO THE CITY PURSUANT TO
RCW 35A.14.120; ASSIGNING ZONING AND COMPREHENSIVE PLAN
DESIGNATIONS UPON ANNEXATION; REQUIRING ASSUMPTION OF
A PROPORTIONATE SHARE OF CITY INDEBTEDNESS AND
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The Federal Way City Council (Council) adopted Chapter 8 of the Federal
Way Comprehensive Plan, last amended by Ordinance 15-796 in 2015, establishing planning
goals, policies and implementation strategies for Potential Annexation Areas (PAAs) in
accordance with Chapter 36.70A RCW; and
WHEREAS, pursuant to RCW 35A.14.120 the City Council on November 19, 2019,
accepted a 10% petition for the "S. 320th Street" proposed annexation area shown in Exhibit
A, which action authorized the circulation of a 60% petition for annexation subject to
conditions that the area be designated and zoned Community Business (BC) and further that
the area assume its proportionate share of the City's indebtedness; and
WHEREAS, pursuant to RCW 35A. l 4.120, on January 15, 2020 the annexation
initiators filed with the City a petition, attached Exhibit B, signed by property owners representing
more than 60% of the current total assessed value of all parcels within the proposed annexation
area; and
WHEREAS, pursuant to RCW 35A.01 .040 the King County Assessor's Office on
January 15. 2020, certified the 60% petition as sufficient (Exhibit C); and
WHEREAS. the annexation area is contiguous with the existing City limits and within
unincorporated King County. and may generally be described as an area of approximately
twenty-one (21) acres. bounded on the west by Interstate 5, on the north by a residential
neighborhood. the east by the future 32nd Avenue S .. and the south by S. 320th Street. as
depicted in the legal description map and attached as Exhibit D. And said unincorporated area
is within the City's Urban Growth Area; and
WHEREAS, on March 17, 2020 a properly noticed public hearing was held
pursuant to RCW 35A. l 4. l 30 and all persons who wished to provide testimony were
heard. At that hearing the City Council considered the S. 320th Street Annexation, land use
and zoning designations, and then issued a Notice of Intent to Annex and adopt land use
and zoning designations for the annexed parcels by passing Resolution 20-783; and
WHEREAS, on April 10, 2020 the City submitted a Notice of Intent to the King
County Boundary Review Board and the Board reviewed said Notice and associated
materials and deemed said Notice of Intent complete issuing an effective filing date of
April 15, 2020; and
WHEREAS, on May 31, 2020 the 45-day notice and review period as required
under Chapter 36.93.100 RCW lapsed and the jurisdiction of the Boundary Review Board
was not invoked.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY ORDAINS AS FOLLOWS:
Section 1. Annexation. The property described and depicted in attached Exhibit D
is hereby annexed into the City of Federal Way.
Section 2. Indebtedness. The area described in the attached Exhibit D shall be
required to assume it's proportionate share of the general indebtedness of the City of
Federal Way at the time of the effective date of such annexation.
Section 3. Land Use. The area described in attached Exhibit D, shall be designated
111 the City's Comprehensive Plan as BC (Community Business) and the on the City's
Official Zoning Map as BC (Community Business).
Sl:!ction 4. i.:::vcrabilii-v. lf any section, clause, phrase, or term of this
ordinance is held for any reason to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance, and the
remaining portions shall be in full force and effect .
Section 4. Publi cati o n. A summary of this ordinance consisting of its title
shall be published in the official newspaper of the City. This ordinance shall take
effect and be in force five (5) days after the date of publication.
Section 5. T ran rni s si n. Upon passage of this ordinance a certified copy
shall be transmitted to the Clerk of the King County Council as required by
Chapter 35A.14.440 RCW , as well as the Office ofFinancial Management
(OFM) and all special purpose districts as required .
S ection 6. eve ra bility . Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way hereby
declares that it would have adopted this ordinance and each section, subsection, sentence, clauses,
phrase, or portion thereof, irre s pective of the fact that any one or more sections, subsections , sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
Section 7. Corre cLi o ns. 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.
Se ction 8. Ratifi catio n. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
PASSED BY THE CITY COUNC IL OF THE CITY OF FEDERAL WAY. WASH INGTON
this of ----
CITY OF FEDERAL WAY
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
(~ TOYER STRATF.CIC
~ CONSULTING
September 26, 2019
RECEIVED
SEP 2 6 2019
,q-iotJld-0 --AX
} q ·-) 0 lj ~4lf -S L.---
Doc Hansen , Planning Manager
Margaret Clark , Principal Planner
City of Federal Way
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT
E.,t:lt ibit A
Pag e 1 o/6
33325 8th Ave . South
Federal Way, WA 98003
Transmittal of 10% Letter of Intent for S. 320 th Street Annexation
Dear Doc & Margaret:
As you are aware, I am representing the Initiators of the S. 3201h Street Annexat ion .
Attached you will find a petition (a/k/a letter of intent) representing 15% of the 2019 tax year assessed valuation for
the area proposed tor annexation as set forth in the attached legal description and map, which petition exceeds the
10% threshold required to initiate a direct petition method annexat ion.
Land Use & Zoning Designations
This 10% petition for annexation requests the City assign this area a land use designation of Community Business
(BC) and zoning of Community Business (BC). This request is consistent with the land use designation and zoning
addressed for this potential annexation area {PAA) adopted by the City's existing comprehensive plan.
SEPA & Land Us e Procedu res
Recognizing that prior to adoption of an annexation the City must go through Planning Commission and the City
Council to review this request, we have also attached a completed SEPA Checklist (for a non-project action) along
with the required SEPA review fees .
Requested Timing
We respectfully request that the City initiate the process to allow consideration this 10% petition, as well as the
requested land use and zoning designations as follows :
October 15, 2019
November 6, 2019
Council Meeting with Initiators to Consider the Petition
• We request Council review the annexation proposed and take action (at this
meeting) on a resolution accepting the 10% petition and directing circulation of a
60% petition subject to the conditions that the land use designation and zoning
be Community Business (BC) and the assumption of a prorated share of the
city's indebtedness .
Planning Commission Public Hearing on the Land Use Designation and Zoning
,. We request that the City schedule the public hearing to consider the land use
designation and zoning to allow the opportunity for the City Council to hold a
public hearing on this land use decision and the 60% petition at the same future
meeting time .
The table shown on the next page summarizes the parcels proposed to be included within the annexation, except
that it does not reflect that portion of right-of-way along 32nd Avenue S. which (as shown in the attached map) is
proposed to be included in this annexation to ensure the boundary conforms to general annexation criteria for
drawing logical boundaries , etc.
S. 3201h Street Annexation
Transmittal of 10% Petition for Annexation
S. 320th Street Annexation (Federal Way)
Valuation Name of Property Owner Parcel Number Acres (Current)
Henderson Family Trust 092104-9140 2.28 $ 994,100.00
Judy James 092104-9206 0.34 $ 146,700.00
Birk, Singh, Johal, Singh 092104-9160 1.96 $ 996,700.00
William & Patti Pruett Trust 092104-9028 5.26 $ 805,000.00
Randgroup LLC 092104-9139 9.15 : $ 1,036,500.00
Randgroup LLC 092104-9316 0.36 $ 154,700.00
Sqaw Peak Properties 092104-9187 2.09 $ 1,077 ,600.00 ·
$ 5,211 ,300 .00
Thank you again for all your assistance. Please let me know if you have any questions.
Very Sincerely,
~r.-icy;o
David K. Toyer
/founder/
Toyer Strategic Consulting, LLC
3705 Colby Avenue, Suite 1, Everett, WA 98201
toyerstrategic. com
%of
Total
Valuation
19%
3%
19%
15%
20%
3%
21%
100%
Page 2 of 2
Included
in 10%
Petition
15%
15%
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 direct petition method 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 (Comprehens ive Plan, Chapter 8, Map Vlll-7 , page 43):
~-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 Plan as Community Business (BC) and zoned Community Business (BC).
AUTHORIZATION
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.
Name of Property Owner
(Print Clearl
WILLIAM V. PRUETT JR & PATTI
A. PRUETT TRUST
Signature of Property Owner Date Signed
Property Address or
Assessor's Parcel Number
092104-9028
Acres
5.26
EACH SIGNA TURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS
WARNING:
Every person who signs this petition with any other than his or her true name , or who knowi ngly signs more than one of these pe titions,
or signs a petition seeking an election when he or she is not a lega l voter, or signs a petition when he or she is otherwise not quali fied to
sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
HECEIVED
SEP 2 6 2019
Cl"iY or: FEDJ:nAL WA~ •. --
cmA!-,\UtJTTY Dt:•/ELCPt.lt:,-, !
-
-
-
NOTAl<IZJ•:D SIJMMARY OF THlJST
TIii~ WILLIAM V. l'RIJl~TT, ,JH.. /\ND PATTI A. PRUJ<.:TT
REVOCABLE LIVING TRUST
The undersigned hereby ccrtil"y that they created a Revocable Living Trust. This Trust is
known as: THE WILLIAM V. PRUETT, ,JR. AND PATTI A. PRUETT REVOCABLE LIVING
TRUST, datl!d AJo v. 5 Jq 'j;;).... . WILLIAM V. PRUETT,
,JR. and PATTI A. PRUETT , Trustors and Trustees, reside at 31625 32nd Avenue South, the
City of Auburn, State of Washington, County of King.
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS :
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:
l. The Trustors are designated as the Trustees to serve until both of their deaths,
resignations or incompetence. Only one Trustee is required to execute any financial
documents and/or transfer of real or personal property on behalf of any trust assets.
2. Upon the end of the terms of the original Trustees, CORRINE WILDONER is
designated as First Successor Trustee. WILLIE SUE BRANCH is designated as Second
Successor 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 Trustee 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 same, including the power to
grant, bargain, sell and convey, encumber and hypothecate, real and personal
property (including but not limited to mortgages, deeds of trust and reverse
mortgages), and the power to invest in corporate obligations of every kind, stocks,
preferred or common, and to buy stocks, bonds and similar investments on margin
or other leveraged accounts, except to the extent that such management would
cause includabi.lity of an irrevocable trust in the Estate of a Trustee .
NOTARIZED SUMMARY OF TRUST
Pagel
TAX PARCEL NO.:
A 0921049028
B 0921049139
C 0921049206
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
1"=200'
fr)
N SOUTH 320TH STREET
SCALE: For:
HORIZONTAL 1"=200' COBALT £i:I BARGHAUSEN FEDERAL WAY CONSUL TING ENGINEERS, INC .
Title:
18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032
425.251.6222 BARGHAUSEN.COM ANNEXATION
DESIGNED XXX DRAWN JS:E CHECkED _SJ). _ APPROVED 6QQ
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JOB NUMBER
20833
208JJL.OO 1 .DOC
SHEET
1 of 1 ----
DATE ...O_!Ul.Q
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 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. S;
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.
Project Name: Cobalt Federal Way
September 10, 2019
BDG I JSE
20833L.001.doc
December 20, 2019
City of Federal Way
Community Development
33325 8th Ave. South
Federal Way, WA 98003
King County Department of Assessment
500 Fourth Ave.
#ADM-AS-0708
Seattle, WA 98104
REQUEST FOR SUFFICIENCY DETERMINATION OF A 60% ANNEXATION PETITION
FEDERAL WAY -320 th STREET ANNEXATION
TO WHOM IT MAY CONCERN:
Attached please find an executed 60% petition for the 320 th Street Annexation, including:
c> Signed "to-form" annexation petition as required by the City
ExhibitB
Page 1 o/7
c> Documentation supporting Lance Jorgensen's authority to sign on behalf of Pape Properties, Inc.
c> A legal description for the area to be annexed
c> A map of the area to be annexed
c> 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 9th and 101h,
which transactions can be located at the following recording numbers:
Recording#
20191210001552
20191209000175
20191209000174
20191209000172
20191209000170
20191209000169
Tax Parcel#
092104-9160-09
092104-9316-02 & 092104-9139-07
092104-9140-04
092104-9206-05
092104-9187-08
092104-9028-01
Upon reaching a sufficiency determinat ion, we resp ectfully 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,
~-¥-
David K. T ayer
/founder/
CITY OF
DEPARTMENT OF COMJ\Hf!li!T\' DEVELOP!\iENT
33325 8th Avenue South
Federal Way WA 98003
253-835-7000
""".di,(' iti:dcr.ih, a, .com
NOTICE OF INTENTION TO PETITION FOR
ANNEXATION
TO: HONORABLE MAYOR AND CITY COUNCIL OF Tl IE CITY OF FEDERAL WAY
33325 gm A VENUE SOUTII, FEDERAL \VAY, WASHINGTON, 98003
The undersigned, who are a proportionate share of the existing city indebtedness and the owners of not less than
sixty percent (60%) in value, according to the assessed valuation for general taxation of property for which 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 proceedings:
• 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.
City Council Meeting Minute Ent1y:
MOTION: Councilmember Koppang moved that the City Council accept the Notice oflntention 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 zoning designations and that the area to be annexed be
required to assume a proportionate share of existing city indebtedness. Councilmember Moore seconded the
motion. The motion carried 7-0.
It is requested that the City Council of the City of Federal Way set a date for a public hearing with the undersigned
to determine:
I. Whether the City Council will accept the proposed annexation
Although there is no time limit specified in the annexation statutes a<; 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 from the petition
by the City Clerk at the time he or she certifies the petition .
This page is one of the group 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 pnges containing
ndditional signatures which cumulatively may be considered as a single Notice oflntention.
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 unanimous 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 following sellers:
Seller's Name Address Parcel#
Rand Group, LLC 3001 S. 320th Street, Federal 921049139
WayWA98003
Rand Group, LLC 3010 S. 320th Street, FederHl 921049316
Way, WA 98003
Squaw Peak Properties, LLC 3014 S . 320th Street, Federal 921049187
WayWA98003
Henderson Family Trust 3112 S. 320th Street, Federal 921049140
WayWA98003
Judy James 3114 S. 320th Street, Federal 921049206
WayWA98003
Birkirandeep Singh, Balbir Birk, Sukhraj 3126 S. 320th Street, Federal 921049160
Sintl, Lukbinder Johal Way WA 98003
William Pruett and Patti Pruett 31625 32nd Ave S., Auburn WA 921049028
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 Pape is hereby
authorized to sign all documents required to complete this transaction.
EFFECTNE DATE: December 3, 2019
APPROVED:
Randall Jordan Pap~
La nce-forgeiis en .r· .,,,.
OWNER'S SLGNATURE PRJNTED NAME ADDRESS & PARCEL DATESJGNED
l. 31625 32ND A VE S 98003 /21.&/_/_j_
~ L4tv1."E JotU:-IJS f.rJ
0921049028
7
2. NO SITE ADDRESS t.z) /bl ltf
~ IA~lt J.1/[,{.&J J (:-N
092104-9139
3. 3001 S 320TH ST 98003 /?:__l fbl_tl
~ LA,.,Cc JcttUNJ t:rJ
092104-9316
4. 3014 S 320TH ST 98003 Ju JJ! _ii_
;;if= 092104-9187
LA IJC( Ja 1U ?,vJ /. N
5. NO SITE ADDRESS l.?J l b! _jj_
~ 092104-9140
L11,va )vll l£-NS t-N
6. NO SITE ADDRESS 121 1b1....LJ_
/~ LA/VU Jo.--tt €1vi fAJ
0921 04-9 160
7. 3114 S 320TH ST 98003 (LIL.kl~
~ L111v a )011. u tJ s fN
092104-9206
NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO
DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO
WARNING :
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.
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 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 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.
Project Name : Cobalt Federal Way
September 10, 2019
BDG / JSE
20833L.001.doc
TAX PARCEL NO.:
A 092 104902 8
B 0921 049 139
C 0921 049206
D 092104918 7
E 0921 049 140
F 0921 04 91 60
G 0921 049.206
AREA --.._____
TO BE
ANNEXED
/
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30 .00'
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1'•2QQ' _/ / ,, LG
. S88'20'47"E 644 .46'" ~p..~CE.
PARCEL C _...,___.___ -• -' ------1'-~
SOUTH 320TH STREET
SCALE: For:
HORIZONTAL 1 "=200' COBALT
FEDERAL WAY BARGHAUSEN
CONSUL TING ENGINEERS, INC .
Title :
18215 72ND AVENUE S0Ull, AREA OF
KENT, WA 98032
S. 316TH ST.
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JOB NUMBER
20833
2083JL.00 1.DOC
SHffT
425.251.6222 BARGHAUSEN.COM ANNEXATION 1 of _1_
DESIGNED ___.X).I;.)( DRAWN JSE ·--CHECK ED _ JIDQ ... APP RO VED _BDG_ DATF __()_9 10 19
S. 320th Street Annexation (Federal Way)
Parcel Number Acres Valuation % ofTotal
Valuation
092104-9140 2.28 $ 994 ,100 .00 19 %
092104 -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%
092104-9316 0.36 $ 154,700.00 3%
092104-9187 2.0 9 $1,077,600.00 21%
$5, 181,300.00 100%
ti
King County
Department of Assessments
Accounting Division
500 Fourth Avenue, ADM-AS-0725
Seattle, WA 98104-2384
(206) 263-2381 FAX (206) 296-0106
Email: assessor.info@kingcounty.gov
hCtp ://ww w.l,!ngto111 1f\•.goy/Hss es so r/
E x hibit C
Page 1 of 1
John Wilson
Assessor
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the
King County Department of Assessments by David Toyer, President Toyer
Strategic Advisors, Inc., supporting the annexation to the City of Federal
Way of the properties described as the 320th 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 j //-;
( fi ✓/-✓,.:, f L-iq __ . 1q' I / /, I -----•
John Wilson, King County Assessor
LEGAL DESCRIPTION
AREA TO BE ANNEXED
Exhibit D
Page 1 o/2
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9 AND 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, 1,251.64 FEET TO A POINT OF CURVATURE OF THE
NORTH MARGIN OF SOUTH 316TH STREET;
THENCE WESTERLY AT RIGHT ANGLES, NORTH 87°51'32"' WEST, 60.00 FEET TO THE WESTERLY MARGIN OF SAID
32ND AVENUE SOUTH;
THENCE SOUTH 02°08'28" WEST, 55.71 FEET ALONG SAID WESTERLY MARGIN TO THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 88°20'05" WEST ALONG SAID NORTH LINE, 656.94 FEET TO THE EAST MARGIN OF PRIMARY STATE
HIGHWAY NO. 5;
THENCE SOUTH 16°42'28" WEST, 528.49 FEET ALONG SAID EAST MARGIN;
THENCE SOUTH 14°33'46" EAST, 714.61 FEET ALONG SAID EAST MARGIN 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.
CONTAINING 915,776 SQUARE FEET, MORE OR LESS.
Project Name: Cobalt Federal Way
May 27, 2020
BOG/ JSE
20833L.001.doc
TAX PARCEL NO .:
A 0921049028
B 0921049139
C 0921049316
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
1"=200'
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PARCEL C
SOUTH 320TH STREET LC)
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SCALE: For :
HORIZONTAL 1 "=200' COBALT
~ BARGHAUSEN FEDERAL WAY CONSULTING ENGINEERS, INC .
Title :
18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032
425.251.6222 BARGHAUSEN.COM ANNEXATION
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JOB NUMBER
20833
208JJL.001. DOC
SHEET
_1_o f_1_
05 27 20
ORDINANCE NO. ----
AN ORDINANCE of the City of Federal Way, Washington, relating to
annexing approximately twenty-one (21) acres known as the "S. 320 th
Street Annexation," into the City pursuant to RCW 35A.14.120;
assigning zoning and comprehensive plan designations upon annexation;
requiring assumption of a proportionate share of City indebtedness and
providing for severability and an effective date.
WHEREAS, The Federal Way City Council (Council) adopted Chapter 8 of the Federal Way
Comprehensive Plan, last amended by Ordinance 15-796 in 2015, establishing planning goals,
policies and implementation strategies for Potential Annexation Areas (P AAs) in accordance with
Chapter 36.70A RCW; and
WHEREAS, pursuant to RCW 35A.14.120 the City Council on November 19, 2019,
accepted a 10% petition for the "S. 320th Street" proposed annexation area shown in Exhibit A,
which action authorized the circulation of a 60% petition for annexation subject to conditions that
the area be designated and zoned Community Business (BC) and further that the area assume its
proportionate share of the City's indebtedness; and
WHEREAS, pursuant to RCW 35A.14.120, on January 15, 2020, the annexation initiators
filed with the City a petition, attached Exhibit B, signed by property owners representing more than
60% of the current total assessed value of all parcels within the proposed annexation area; and
WHEREAS, pursuantto RCW 35A.01 .040 the King County Assessor's Office on January 15,
2020, certified the 60% petition as sufficient (Exhibit C); and
WHEREAS, the annexation area is contiguous with the existing City limits and within
unincorporated King County, and may generally be described as an area of approximately twenty-one
(21) acres, bounded on the west by Interstate 5, on the north by a residential neighborhood, the east
Ordinance No. 20-__ Page I o/20
by the future 32nd A venue S., and the south by S. 320th Street, as depicted in the legal description
map and attached as Exhibit D and said unincorporated area is within the City's Urban Growth Area;
and
WHEREAS, 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. At that hearing the City
Council considered the S. 320th Street Annexation, land use and zoning designations, and then issued
a Notice of Intent to Annex and adopt land use and zoning designations for the annexed parcels by
passing Resolution 20-783; and
WHEREAS, on April 10, 2020 the City submitted a Notice of lntent to the King County
Boundary Review Board and the Board reviewed said Notice and associated materials and deemed
said Notice oflntent complete issuing an effective filing date of April 15, 2020.
WHEREAS, on May 31, 2020 the 45-day notice and review period as required under Chapter
36. 93 .100 RCW lapsed and the jurisdiction of the Boundary Review Board was not invoked.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Annexation. The property described and depicted in attached Exhibit D is hereby
annexed into the City of Federal Way.
Section 2. Indebtedness. The area described in the attached Exhibit D shall be required to
assume its proportionate share of the general indebtedness of the City of Federal Way at the time of
the effective date of such annexation.
Ordinance No . 20-__ Page2 o/20
Section 3. Land Use. The area described in attached Exhibit D, shall be designated in the
City's Comprehensive Plan as BC (Community Business) and the on the City's Official Zoning Map
as BC (Community Business).
Section 4. Publication/Effective Date. A summary of this ordinance consisting of its title
shall be published in the official newspaper of the City. This ordinance shall take effect and be in
force five (5) days after the date of publication.
Section 5. Trans mission. Upon passage of this ordinance a certified copy shall be transmitted
to the Clerk of the King County Council as required by Chapter 35A.14.440 RCW, as well as the
Office of Financial Management (OFM) and all special purpose districts as required.
ection 6. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 7. Con-ections. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Ordinance No . 20-__ Page3 o/20
PASSED by the City Council of the City of Federal Way this ____ day of
20 _______ , -
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-__ Page4 o/20
(~ TOYER STRATEGIC "t' CONSULTING
September 26, 2019
RECEIVED
SEP 2 6 2019
,q-/()tf (cl_f3 -A-X
J 1 ·-} Oli {iJ4l( ~ S ~
Doc Hansen, Planning Manager
Margaret Clark , Principal Planner
City of Federal Way
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT
E.-rlt ibit A
Pag e 1 o/6
33325 8th Ave. South
Federal Way , WA 98003
Transmittal of 10% Letter of Intent for S. 320 th Street Annexation
Dear Doc & Margaret:
As you are aware , I am representing the Initiators of the S. 320 th Street Annexation.
Attached you will find a petition (a/k/a letter of intent) representing 15% of the 2019 tax year assessed valuation for
the area proposed for annexation as set forth in the attached legal description and map, which petition exceeds the
10% threshold required to initiate a direct petition method annexation .
La nd Use & Zo ning Desi gn at ion s
This 10% petition for annexation requests the City assign this area a land use designation of Community Business
(BC) and zoning of Community Business (BC). This request is consistent with the land use designation and zoning
addressed for this potential annexation area (PAA) adopted by the City's existing comprehensive plan.
SEPA & Land Use Procedures
Recognizing that prior to adoption of an annexation the City must go through Planning Commission and the City
Council to review this request, we have also attached a completed SEPA Checklist (for a non-project action) along
with the required SEPA review fees .
Reques ted Timing
We respectfully request that the City initiate the process to allow consideration this 10% petition, as well as the
requested land use and zoning designations as follows:
October 15, 2019
November 6, 2019
Council Meeting with Initiators to Consider the Petition
• We request Council review the annexation proposed and take action (at this
meeting) on a resolution accepting the 10% petition and directing circulation of a
60% petition subject to the conditions that the land use designation and zoning
be Community Business (BC) and the assumption of a prorated share of the
city's indebtedness.
Planning Commission Public Hearing on the Land Use Designation and Zoning
• We request that the City sch.edule the public hearing to consider the land use
designation and zoning to allow the opportunity for the City Council to hold a
public hearing on this land use decision and the 60% petition at the same future
meeting time.
The table shown on the next page summarizes the parcels proposed to be included within the annexation, except
that it does not reflect that portion of right-of-way along 32nd Avenue S. which (as shown in the attached map) is
proposed to be included in this annexation to ensure the boundary conforms to general annexation criteria for
drawing logical boundaries , etc .
S. 320th Street Annexation
Transmittal of 10% Petitio n for Annexation
S. 320th Street Annexation (Federal Way)
Valuation Name of Property Owner Parcel Number Acres (Current)
Henderson Family Trust 092104-9140 2.28 . $ 994,100 .00
Judy James 092104-9206 0.34 $ 146,700.00
Birk , Singh , Johal , Singh 092104 -9160 1.96 $ 996,700.00
William & Patti Pruett Trust 092104-9028 5.26 $ 805,000.00
Randgroup LLC 092104-9139 9.15 : $ 1,036,500 .00
Randgroup LLC 092104-9316 0.36 $ 154,700.00
Sqaw Peak Properties 092104-9187 2.09 $ 1,077,600.00 ·
$ 5,211,300.00
Thank you again for all your assistance. Please let me know if you have any questions.
Very Sincerely,
~~
David K. Toyer
/founder/
Toyer Strategic Consulting, LLC
3705 Colby Avenue, Suite 1, Everett, WA 98201
toyerstrategic. com
%of
Total
Valuation
19%
3%
19%
15%
20%
3%
21%
100%
Page 2 of2
Included
in 10%
Petition
15%
15%
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 direct petition me th od 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, Map Vlll-7, page 43):
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 Plan as Community Business (BC) and zoned Community Business (BC).
AUTHORIZATION
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.
Name of Property Owner
Print Clear! )
WILLIAM V. PRUETT JR & PATTI
A. PRUETT TRUST
Signature of Property Owner Date Signed
Property Address or
Assessor's Parcel Number
092104-9028
Acres
5.26
EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS
WARNING:
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.
RECEIVED
SEP 2 6 2019
Ctr( OF FEOEAAL WAY
COMMUNITY DEVELOPMENT
-
NOTAIUZ!t:D SUMMARY OF TIHJST
TIU.: WILLIAM V. PIUJltTT, ,JI(. ANH PATTI A. PRUJc.:rr
IU~VOCABLE LIVING TRUST
The undersigned hereby certify that they created a Revocable Living Trust. This Trust is
known as: THE WILLIAM V. PRUETT, JR. AND PATTI A. PRUETT REVOCABLE LIVING
TRUST, dated No~. 5 Jq'I cb . WILLIAM V. PRUETT,
JR. and PATTI A. PRUETT, Trustors and Trustees, reside at 31625 32nd Avenue South, the
City of Auburn, State of Washington, County of King.
IT JS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
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 Trustors are designated as the Trustees to serve until both of their deaths,
resignations or incompetence. Only one Trustee is required to execute any financial
documents and/or transfer of real or personal property on behalf of any trust assets.
2. Upon the end of the terms of the original Trustees, CORRINE WILDONER is
designated as First Successor Trustee. WILLIE SUE BRANCH is designated as Second
Successor 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 Trustee 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 same, including the power to
grant, bargain, sell and convey, encumber and hypothecate, real and personal
property (including but not limited to mortgages, deeds of trust and reverse
mortgages), and the power to invest in corporate obligations of every kind, stocks,
preferred or common, and to buy stocks, bonds and similar investments on margin
or other leveraged accounts, except to the extent that such management would
cause includability of an irrevocable trust in the Estate of a Trustee.
NOT ARI ZED SUMMARY OF TRUST
Page 1
TAX PARCEL NO.:
A 0921049028
B 0921049139
C 0921049206
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
SOUTH 320TH STREET ii)
N .,....
SCALE: For:
HORIZONTAL 1"=200' COBALT
~ BARGHAUSEN FEDERAL WAY CONSUL TING ENGINEERS, INC.
Title:
18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032
425 .251 .6222 BARGHAUSEN .COM ANNEXATION
DESIGNED XXX DRAWN JSE CHECKED BDG APPROVED BOG
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JOB NUMBER
20833
208JJL.001 .DOC
SHEF:T
_1_of_1_
DATE: 10 -1.9_
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 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 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 .
Project Name: Cobalt Federal Way
September 10, 2019
BOG/ JSE
20833l.001.doc
Q ToYER SntATr.c:1c. "3/ CoNSllLTING
December 20, 2019
City of Federal Way
Community Development
33325 8th Ave. South
Federal Way, WA 98003
King County Department of Assessment
500 Fourth Ave.
#ADM-AS -0708
Seattle, WA 98104
REQUEST FOR SUFFICIENCY DETERMINATION OF A 60% ANNEXATION PETITION
FEDERAL WAY -320 th STREET ANNEXA T/ON
TO WHOM IT MAY CONCERN:
Attached please find an executed 60% petition for the 320 1h Street Annexation, including:
c::> Signed "to-form" annexation petition as required by the City
Exliibit B
Page 1 o/7
c::> Documentation supporting Lance Jorgensen's authority to sign on behalf of Pape Properties, Inc .
c::> A legal description for the area to be annexed
c::> A map of the area to be annexed
q 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 9th and 10th ,
which transactions can be located at the following recording numbers:
Recording #
20191210001552
20191209000175
20191209000174
20191209000172
20191209000170
20191209000169
Tax Parcel#
092104-9160-09
092104-9316-02 & 092104-9139-07
092104-9140-04
092104-9206-05
092104-9187-08
092104-9028-01
Up on re achi ng a suffi ci enc y dete rminati on, we resp ectfully request return of these documents along with said
determ inati on to the Ci ty of Federal Way at the add ress first listed above.
Should you have any questions, please do not hesitate to contact me at any time.
Very Sincerely,
~-¥-
David K. Toyer
/founder/
DEPARTMENT o~· COMMllNJT\' DEVELOPl'tlENT
33325 8"' Avenue South
Federal Way WA 98003
253-835-7000
",,\\.cit, offoJc.:ralwav .com
NOTICE OF INTENTION TO PETITION FOR
ANNEXATION
TO: HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY
33325 grn A VENUE SOUTH, FEDERAL WAY, WASHINGTON, 98003
The undersigned, who are a proportionate share of the existing city indebtedness and the owners of not less than
sixty percent (60%) in value, according to the assessed valuation for general taxation of property for which 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 proceedings:
• 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.
City Council Meeting Minute Entry:
MOTION: Councilmember Koppang moved that the City Council accept the Notice oflntention 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 zoning designations and that the area to be annexed be
required to assume a proportionate share of existing city indebtedness. Councilmember Moore seconded the
motion. The motion carried 7-0.
It is requested that the City Council of the City of Federal Way set a date for a public hearing with the undersigned
to determine:
I. 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 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 from the petition
by the City Clerk at the time he or she certifies the petition.
This page is one of the group 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 may be considered as a single Notice oflntention.
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 unanimous 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 following sellers:
Seller's Name Address Parcel#
Rand Group, LLC 3001 S. 320th Street, Federal 921049139
WayWA98003
Rand Group, LLC 3010 S. 320th Street, Federal 921049316
Way, WA 98003
Squaw Peak Properties, LLC 3014 S. 320th Street, Federal 921049187
WayWA98003
Henderson Family Trust 3112 S. 320th Street, Federal 921049140
WayWA98003
Judy James 3114 S. 320th Street, Federal 921049206
WayWA98003
Birkirandeep Singh, Balbir Birk, Sukhraj 3126 S. 320th Street, Federal 921049160
Simm. Lukbinder Johal WayWA98003
William Pruett and Patti Pruett 31625 32ndAveS.,Auburn WA 921049028
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
FURTIIER RESOLVED, that each of Lance Jorgensen, Seth Smythe and Randall Jordan Pape is hereby
authorized to sign all documents required to complete this transaction.
EFFECTIVE DATE: December 3, 2019
APPROVED:
~~~ Lid_ -~
Smythe
I.
2.
3.
4.
5.
6.
7.
OWNER'S SJGNATURE
7
7
PRINTED NAME
L 1/N c I Jo ,_c µJJ f-rJ
ADDRESS & PARCEL DATE SIGNED
31625 32ND A VE S 98003
0921049028
NO SITE ADDRESS
092104-9139
l Atv a )o,t.u,-.,J l:N
L11 JVC 6 Jcttt fl J f-~
3001 S 320TH ST 98003
092104-9316
3014 S 320TH ST 98003
092104-9187
NO SITE ADDRESS
092104-9140
NO SITE ADDRESS
092104-9160
3114 S 320TH ST 98003
092104-9206
NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO
DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO
WARNING:
Every person who signs this pet ition with any othe r than his or her true name , or who knowingly signs
more than one of these petitions , or signs a petition seeking an elect ion when he or she is not a legal
voter, or signs a petition when he or she is otherw ise not qua lified to sign , or who makes herein any
false statement, shall be guilty of a misdemeanor.
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 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 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.
Project Name: Cobalt Federal Way
September 10, 2019
BDG / JSE
20833L.001.doc
TAX PARCEL NO.:
A 0921049028
B 0921049139
C 0921049206
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
PARCELC
SOUTH 320TH STREET
SCALE: For:
HORIZONTAL 1 • =200'
BARGHAUSEN
CONSULTING ENGINEERS, INC.
Title: 18215 72ND AVENUE SOUTH
KENT, WA 98032
425.251 .6222 BARGHAUSEN.COI.I
DESIGNED XXX DRAWN _J.S.E_ CHECKED
COBALT
FEDERAL WAY
AREA OF
ANNEXATION
Xi_. APPROVED BDG DATE
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2O8JJL.OO1.DOC
SHEET
S. 320th Street Annexation (Federal Way)
Parcel Number Acres Valuation % of Total
Valuation
092104-9140 2.28 $ 994 ,100.00 19%
092104 -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%
092104-9316 0.36 $ 154,700 .00 3%
092104-9187 2.09 $1,077,600.00 21%
$5,181,300.00 100%
tQ
King County
Department of Assessments
Accounting Division
500 Fourth Avenue, ADM-AS-0725
Seattle, WA 98104-23 84
(206) 263-2381 FAX (206) 296-0106
Email: assessor.info@kingcounty.gov
http://www.ld ngco u utv.gov/assesso r/ ,
Exliibit C
Page 1 of 1
John Wilson
Assessor
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the
King County Department of Assessments by David Toyer, President Toyer
Strategic Advisors, Inc., supporting the annexation to the City of Federal
Way of the properties described as the 320 th 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
John Wilson, King1 County Assessor
{
/
LEGAL DESCRIPTION
AREA TO BE ANNEXED
ExhibitD
Page 1 o/2
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9 AND 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, 1,251.64 FEET TO A POINT OF CURVATURE OF THE
NORTH MARGIN OF SOUTH 316TH STREET;
THENCE WESTERLY AT RIGHT ANGLES, NORTH 87°51'32" WEST, 60 .00 FEET TO THE WESTERLY MARGIN OF SAID
32ND AVENUE SOUTH;
THENCE SOUTH 02°08'28" WEST, 55.71 FEET ALONG SAID WESTERLY MARGIN TO THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 88°20'05" WEST ALONG SAID NORTH LINE, 656.94 FEET TO THE EAST MARGIN OF PRIMARY STATE
HIGHWAY NO. 5;
THENCE SOUTH 16°42'28" WEST, 528.49 FEET ALONG SAID EAST MARGIN;
THENCE SOUTH 14°33'46" EAST, 714.61 FEET ALONG SAID EAST MARGIN 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.
CONTAINING 915 ,776 SQUARE FEET, MORE OR LESS.
Project Name: Cobalt Federal Way
May 27, 2020
BDG / JSE
20833L.001.doc
TAX PARCEL NO .:
A 0921049028
B 0921049139
C 0921049316
D 0921049187
E 092 1049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
PARCELC
NBT51 '32"W 60 .00'
SOUTH 320TH STREET
SCALE: For:
HORIZONTAL 1"=200' COBALT [i] BARGHAUSEN FEDERAL WAY CONSULTING ENGINEERS, INC.
Title:
18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032
425 .251 .6222 BARGHAUSEN .COM ANNEXATION
DESIGNED XXX DRAWN JSE CH ECKED BOG APPROVED BDG
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JOB NUMBER
20833
20833L.001.DOC
SHEET
_1_of_1_
DATE 05 27 ..2Q_
TOYER STRATEGIC
CONSULTING
September 26, 2019
RECEfVED
SEP 2 6 2019
,q-lot/tcL-0 --A-X
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Doc Hansen, Planning Manager
Margaret Clark, Principal Planner
City of Federal Way
CITY OF FEDERAL WAY
COMMUNrTYDEVELOPMENT
E.xliibit A
Page 1 of 6
33325 8th Ave. South
Federal Way, WA 98003
Transmittal of 10% Letter of Intent for S. 320th Street Annexation
Dear Doc & Margaret:
As you are aware, I am representing the Initiators of the S. 320 1h Street Annexation .
Attached you will find a petition ( a/k/a letter of intent) representing 15% of the 2019 tax year assessed valuation for
the area proposed for annexation as set forth in the attached legal description and map, which petition exceeds the
10% threshold required to initiate a direct petition method annexation.
Land Use & Zoning De signations
This 10% petition for annexation requests the City assign this area a land use designation of Community Business
(BC) and zoning of Community Business (BC). This request is consistent with the land use designation and zoning
addressed for this potential annexation area (PAA) adopted by the City's existing comprehensive plan.
SEPA & Land Use Procedures
Recognizing that prior to adoption of an annexation the City must go through Planning Commission and the City
Council to review this request, we have also attached a completed SEPA Checklist (for a non-project action) along
with the required SEPA review fees.
Reque sted Timing
We respectfully request that the City initiate the process to allow consideration this 10% petition, as well as the
requested land use and zoning designations as follows:
October 15, 2019
November 6, 2019
Council Meeting with Initiators to Consider the Petition
• We request Council review the annexation proposed and take action (at this
meeting) on a resolution accepting the 10% petition and directing circulation of a
60% petition subject to the conditions that the land use designation and zoning
be Community Business (BC) and the assumption of a prorated share of the
city's indebtedness.
Planning Commission Public Hearing on the Land Use Designation and Zoning
• We request that the City schedule the public hearing to consider the land use
designation and zoning to allow the opportunity for the City Council to hold a
public hearing on this land use decision and the 60% petition at the same future
meeting time .
The table shown on the next page summarizes the parcels proposed to be included within the annexation, except
that it does not reflect that portion of right-of-way along 32nd Avenue S. which (as shown in the attached map) is
proposed to be included in this annexation to ensure the boundary conforms to general annexation criteria for
drawing logical boundaries, etc .
Ordinance No 20-892 Page Page 5 of 20
S. 320th Street Annexation
Transmittal of 10% Petition for Annexation
S. 320th Street Annexation (Federal Way)
Valuation Name of Property Owner Parcel Number Acres (Current)
Henderson Family Trust 092104-9140 2.28 $ 994,100.00
Judy James 092104-9206 0.34 $ 146,700.00
Birk, Singh , Johal, Singh 092104-9160 1.96 $ 996,700.00
William & Patti Pruett Trust 092104-9028 5.26 $ 805,000.00
Randgroup LLC 092104-9139 9.15 $ 1,036,500.00
Randgroup LLC 092104-9316 0.36 $ 154,700.00
Sqaw Peak Properties 092104-9187 2.09 $ 1,077,600.00
$ 5,211,300.00
Thank you again for all your assistance. Please let me know if you have any questions.
Very Sincerely,
~ David K. Toyer
/founder/
Ordinance No. 20-892
Toyer Strategic Consulting, LLC
3705 Colby Avenue, Suite 1, Everett, WA 98201
toyerstrategic . com
%of
Total
Valuation
19%
3%
19%
15%
20%
3%
21%
100%
Page 2 of2
Included
in 10%
Petition
15%
15%
Page Page 6 of 20
NOTICE OF INTENT TO ANNEX -320TH ANNEXATION
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 und er t he direc t peti ti on method 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 assig n concurrent zoning and the assumption of a propo rti onate share of
the City 's bonded indebtedness. And that zoning app li ed to this area be Community Business (BC) as shown on the City's
pre-annexation zon ing map (Comprehensive Plan , Chapter 8, Map Vlll-7, page 43):
~-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 Plan as Community Business (BC) and zoned Community Business {BC).
AUTHORIZATION
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 .
Name of Property Owner
Print Cle arl
WILLIAM V. PRUETT JR & PATTI
A. PRUETT TRUST
Date Signed
Property Address or
Assessor's Parcel Number
092104-9028
Acres
5.26
EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CO NDIT IONS SO DESCRlB ED ABO VE, AS WELL AS A COPY OF BOTH EXH IBITS
WARNING :
Every person who signs th is petiti on with any other than his or her tru e name, or who knowingly signs more than one of these peti tions ,
or signs a pe tition seek ing an election when he or she Is not a lega l vote r, or signs a petition when he or she is otherwise not qual ifi ed to
sign , or who makes herein any false stateme nt, shall be guilty of a misdemeanor.
RECEIVED
SEP 2 6 2019
CITY OF FEDEAAL WAY
COMMU iTY DE'IELOP .4ENT
Ordinance No . 20-892 Page Page 7 o/20
-
-
NOTAIU~l•:D Sl/MMARY OF TIHJST
TIii~ WILLIAM V. l'IUJl~TT, ,JH.. ANU PATTI A. PRUETT
IU~VOCABLE LIVING TRUST
The undersigned hereby certify that they created a Revocable Living Trust. This Trust is
known as: THE WILLIAM V. PRUETT, JR. AND PATTI A. PRUETT REVOCABLE LIVING
1'RUST, dated No,. 5 Jq~c)... . WILLIAM V. PRUETT,
,JR. and PATTI A. PRUETT, Trustors and Trustees, reside at 31625 32"d Avenue South, the
City of Auburn, State of Washington, County of King .
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
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 Trustors are designated as the Trustees to serve until both of their deaths,
resignations or incompetence. Only one Trustee is required to execute any financial
documents and/or transfer of real or personal property on behalf of any trust assets.
2. Upon the end of the terms of the original Trustees, CORRINE WILDONER is
designated as First Successor Trustee. WILLIE SUE BRANCH is designated as Second
Successor Trustee.
3. Upon the death of either Truster, 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 Trustee 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 same, including the power to
grant, bargain, sell and convey, encumber and hypothecate, real and personal
property (including but not limited to mortgages, deeds of trust and reverse
mortgages), and the power to invest in corporate obligations of every kind, stocks,
preferred or common, and to buy stocks, bonds and similar investments on margin
or other leveraged accounts, except to the extent that such management would
cause includability of an irrevocable trust in the Estate of a Trustee .
NOTARIZED SUMMARY OF TRUST
Pagel
Ordinance No. 20-892 Page Page 8 o/20
TAX PARCEL NO.:
A 0921049028
B 0921049139
C 0921049206
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
iD
~ SOUTH 320TH STREET
SCALE: For:
HORIZONTAL 1"=200' COBALT li::] BARGHAUSEN FEDERAL WAY CONSUL TING ENGINEERS, INC.
Title:
18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032
425.251.6222 BARGHAUSEN.COM ANNEXATION
DESIGNED XXX DRAWN JSE CHECKED BDG APPROVED BOG
Ordinance No. 20-892
DATF
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JOB NUMBER
20833
20BJJL.001 .DOC
SHEET
Page Page 9 o/20
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 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 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.
Project Name: Cobalt Federal Way
September 10, 2019
BOG/ JSE
20833L.001.doc
Ordinance No. 20-892 Page Page IO o/20
0 TOYER STRATEC:IC
~ CONSULTING
December 20, 2019
City of Federal Way
Community Development
33325 8th Ave. South
Federal Way, WA 98003
King County Department of Assessment
500 Fourth Ave.
#ADM-AS-0708
Seattle, WA 98104
REQUEST FOR SUFFICIENCY DETERMINATION OF A 60% ANNEXATION PETITION
FEDERAL WAY -320 th STREET ANNEXATION
TO WHOM IT MAY CONCERN :
Attached please find an executed 60% petition for the 3201h Street Annexation, including:
¢ Signed "to-form" annexation petition as required by the City
ExhibitB
Page 1 o/7
¢ 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 the 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 91h and 101h,
which transactions can be located at the following recording numbers:
Recording#
20191210001552
20191209000175
20191209000174
20191209000172
20191209000170
20191209000169
Tax Parcel#
092104-9160-09
092104-9316-02 & 092104-9139-07
092104-9140-04
092104-9206-05
092104-9187-08
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,
~-¥-
David K. T ayer
/founder/
Ordinance No. 20-892
Page Page 11 o/20
CITY OF
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT
33325 8th A venue South
Federal Way WA 98003
253-835-7000
"w\\ .cit, ulli:dcrnh, a, .,x1111
NOTICE OF INTENTION TO PETITION FOR
ANNEXATION
TO: HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY
33325 grn A VENUE SOUTH, FEDERAL WAY, WASHINGTON, 98003
The undersigned , who are a proportionate share of the existing city indebtedness and the owners of not less than
sixty percent (60%) in value, according to the assessed valuation for general taxation of property for which 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 proceedings:
• 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.
City Council Meeting Minute Enlly:
MOTION : Councilmember Koppang moved that the City Council accept the Notice oflntention 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 zoning designations and that the area to be annexed be
required to assume a proportionate share of existing city indebtedness. Councilmember Moore seconded the
motion. The motion carried 7-0.
It is requested that the City Council of the City of Federal Way set a date for a public hearing with 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 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 from the petition
by the City Clerk at the time he or she certifies the petition .
This page is one of the group 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 may be considered as a single Notice of Intention.
Ordinance No. 20-892 Page Page 12 o/20
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 unanimous 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 following sellers:
Seller's Name Address Parcel#
Rand Group, LLC 3001 S . 320th Street, Federal 921049139
WayWA98003
Rand Group, LLC 3010 S . 320th Street, Federal 921049316
Way, WA 98003
Squaw Peak Properties, LLC 3014 S. 320th Street, Federal 921049187
WayWA98003
Henderson Family Trust 3112 S . 320th Street, Federal 921049140
WayWA98003
Judy James 3114 S . 320th Street, Federal 921049206
WayWA98003
Birkirandeep Singh, Balbir Birk, Sukhraj 3126 S. 320th Street, Federal 921049160
Sim!h. Luk.binder Johal Way WA 98003
William Pruett and Patti Pruett 31625 32nd Ave S., Auburn WA 921049028
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 Pape is hereby
authorized to sign all documents required to complete this transaction.
EFFECTIVE DATE: December 3, 2019
APPROVED:
Randall Jordan Pa¢
Ordinance No . 20-892 Page Page 13 o/20
OWNER'S SIGNATURE PRINTED NAME ADDRESS & PARCEL DATE SIGNED
I. 31625 32ND A VE S 98003 /2. I _&I _Jj_
~ LAtvC{Ji1.,.t ,-Jjf,N
0921049028
2 . NO SITE ADDRESS l.zJ _&I --1!i.
¥--7
LA/Vet )J,{,U,-i J y,./
092104-9139
3 . 300 l S 320TH ST 98003 I?:.! l (;J _tl
~ /,Jl,..,aJottt,yv·J YJ
092104-9316
4. 3014 S 320TH ST 98003 /b_l_JJ!_i1_
,;if= 092104-9187
bwct JoatµJJ 1-N
5 . NO SITE ADDRESS /~/b!_Jj_
~-
092 J 04-9140
L1J1vll )c.'M.fNS €+J
6 . NO SITE ADDRESS I 2 I lb! _lJ__
/~ LAtv(G J,M, ( N" f-t,J
092104-9160
7 . 31 J 4 S 320TH ST 98003 {£.lfY_d_
~ 1A1va lo11.uNsEN
0921 04-9206
NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO
DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO
WARNING:
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.
Ordinance No. 20-892 Page Page 14 of20
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 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 . S;
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 .
Project Name: Cobalt Federal Way
September 10, 2019
BDG / JSE
20833L.001 .doc
Ordinance No. 20-892 Page Page 15 o/20
TAX PARCEL NO .:
A 0921049028
B 0921049139
C 0921049206
D 0921049187
E 0921049140
F 0921049160
G 0921049206
AREA
TO BE
ANNEXED
--r
PARCEL C
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JO.OD'
,S88'20'47"E 6-H.46' -· ~ -., ---...._-~.:if-.
SOUTH 320TH STREET
SCALE: For:
HORIZONTAL 1"=200' COBALT
~ BARGHAUSEN FEDERAL WAY CONSUL TING ENGINEERS, INC .
Title;
18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032
425 .251.6222 BARGHAUSEN .COM ANNEXATION
DESIGNED X DRAWN JSE CHECKED .. B G._ APPROV[D_fil)__
Ordinance No . 20 -892
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JOB NUMBER
20833
20BJJL.OO I.DOC
SHEET
Page Page 16 o/20
S. 320th Street Annexation (Federal Way)
Parcel Number Acres Valuation %of Total
Valuation
092104-9140 2.28 $ 994 ,100.00 19%
092104-9206 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%
092104-9316 0.36 $ 154 ,700 .00 3%
092104-9187 2.09 $1,077,600.00 21%
$5, 181,300.00 100%
Ordinance No. 20-892 Page Page 17 of 20
~
King County
Department of Assessments
Accounting Division
500 Fourth Avenue, ADM-AS-0725
Seattle, WA 98104-2384
(206) 263-2381 FAX (206) 296-0106
Email: assessor.info@kingcounty.gov
h!ln ://1rn 11.l d ng co 11ntv .gov/n . cssnr/
Exhibit C
Page 1 of 1
John Wilson
Assessor
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the
King County Department of Assessments by David Toyer, President Toyer
Strategic Advisors, Inc., supporting the annexation to the City of Federal
Way of the properties described as the 320th 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 1 i d I! / · ,· ;/ f 1
C i -tlfl (}~
John Wilson, King County Assessor
Ordinance No. 20-892 Page Page /8 o/20
LEGAL DESCRIPTION
AREA TO BE ANNEXED
ExhibitD
Page 1 of 2
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9 AND 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, 1,251.64 FEET TO A POINT OF CURVATURE OF THE
NORTH MARGIN OF SOUTH 316TH STREET;
THENCE WESTERLY AT RIGHT ANGLES, NORTH 87°51'32" WEST, 60.00 FEET TO THE WESTERLY MARGIN OF SAID
32ND AVENUE SOUTH;
THENCE SOUTH 02°08'28" WEST, 55 .71 FEET ALONG SAID WESTERLY MARGIN TO THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 88°20'05" WEST ALONG SAID NORTH LINE, 656.94 FEET TO THE EAST MARGIN OF PRIMARY STATE
HIGHWAY NO. 5;
THENCE SOUTH 16°42'28" WEST, 528.49 FEET ALONG SAID EAST MARGIN;
THENCE SOUTH 14°33'46" EAST, 714.61 FEET ALONG SAID EAST MARGIN 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.
CONTAINING 915,776 SQUARE FEET, MORE OR LESS .
Project Name: Cobalt Federal Way
May 27, 2020
BDG / JSE
20833L.001.doc
Ordinance No. 20-892 Page Page 19 o/20
TAX PARCEL NO .:
A 0921049028
B 0921049139
C 0921049 3 16
D 092 104918 7
E 0921049 140
F
G
AREA
TO BE
ANNEXED
b -M
1'=200'
PARCELC
SOUTH 320TH STREET
SCALE: For:
HORIZONTAL 1"=200' COBALT li:] BARGHAUSEN FEDERAL WAY CONSUL TING ENGINEERS , INC .
Title:
18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032
425.251.6222 BARGHAUSEN.COM ANNEXATION
DESIGNED XXX DRAWN JSE CHECKED DG APPROVED BOG
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20833
20833L.001 .DOC
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