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03-16-2021 Council Packet - Regular
CITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting March 16, 2021 — 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 Council encourage you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER I+#»4Biel 410l V_144MF-11ZIN4 3. PRESENTATIONS a. Proclamation — Women in Public Office b. Proclamation — Irish -American Heritage Week — March 15t—" -19t—" c. Mayor's Emerging Issues and Report • COVID-19 Update — Emergency Manager Ray Gross • Drive-Thru Diaper Donation Drive — Saturday, March 27 at 10:00 a.m. d. 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 4. PUBLIC COMMENT Please email comments to COUNCIL(a)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. 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. a. Minutes: March 2, 2021 Regular and Special Meeting Minutes b. Police Investigations Purchase of Vehicle c. 2020 Program Year Consolidated Annual Performance and Evaluation Report CAPER d. Interlocal Agreement with Public Health of Seattle -King County for the South King e. Interlocal Agreement for the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness Partners (SKHHP) Cities to Administer Funds under RCW 82.14.54 f. Greenway Pavement Markings Phase 2 (2021) Project 85% Design Status Report and Authorization to Bid g. NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update h. LED Street Light Conversion - City Owned Lights Project - Final Acceptance 6. PUBLIC HEARING a. Updated Program Year 2021 Community Development Block Grant (CDBG) Annual Action Plan • Staff Report: Sarah Bridgeford, Community Services Manager • Public Comment: 3-minutes each • Council Discussion/Questions 7. COUNCIL BUSINESS a. Adoption of the 2021 Labor Agreement between the City of Federal Way and Teamsters Local Union No. 117 representing Federal Way Police Lieutenants 8. ORDINANCES First Reading a. Council Bill #800/ Adoption of 2018 State Mandated Building Codes AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO.... AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF THE WASHINGTON STATE BUILDING CODE AND RELATED MATTERS; AMENDING FWRC 13.16.020; 13.16.030; 13.20.050; 13.20.090; 13.22.020; 13.22.030; 13.26.020; 13.26.030; 13.28.020; 13.28.030; 13.31.020; 13.31.030; 13.31.040; 13.34.020; 13.34.030; 13.38.020; 13.41.020; 13.43.020; AND 13.43.030; REPEALING FWRC 13.20.010; 13.20.020; 13.20.030; 13.20.040; 13.20.060; AND 13.20.070. (AMENDING ORDINANCE NOS. 01-389, 04-465, 07-563, 09-5952, 10-665, 13-743, 14-772, 15-793, AND 17-830) • Staff Report: Scott Sproul, Building Manager • Public Comment: 3-minutes each • Council Discussion/Questions 9. COUNCIL REPORTS 10.ADJOURNMENT 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. CITY OF t Federal Way PROCLAMATION "Celebrating Women in Public Office Day" WHEREAS, the month of March is Women's History Month and celebrates the significant contributions women of all races, ethnicities, and backgrounds have made to the world; WHEREAS, women play a critical role in the vitality and diversity of our communities, and are essential to ensuring Federal Way is well -represented; WHEREAS, while the twentieth century was a pivotal time of growth for women entering politics, women remain underrepresented in male -dominated fields, and thus, providing opportunities to support women in public office is imperative; WHEREAS, recognizing women in public office will bring awareness to the fundamental necessity of their work and will inspire other young people to serve their communities; NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim March 16th, to be Celebrating Women in Public Office Day and call upon the people of Federal Way to unite as we support the success of women in public office and observe March 16th with appropriate activities, events and programs. SIGNED this 16th day of March, 2021. FEDERAL WAYMAYOR AND CITY COUNCIL Ferrel, Mayor ZI (A I L a Assefa-D 55an,-Councilmember Hoang V. Tran, Council -member Martin A' Moore, touncilmember Susan Honda, Council President G(egcp: 'p so, Councilmember Leandra Craft, Councilmember Lin a Kochma r)Council member CITY OF Federal Way PROCLAMATION "Irish -American Heritage Week " L6 Fheile PAdraig sons duit! Originally a religious holiday to honor St. Patrick, who introduced Christianity to Ireland in the fifth century, St. Patrick's Day has evolved into a celebration of all things Irish. The world's first St. Patrick's Day parade occurred on March 17, 1762, in New York City, featuring Irish soldiers serving in the English military. This parade became an annual event, with President Truman attending in 194 . In Federal Way, we join those celebrants across the globe in a wee bit of the ole' Irish cheer! WHEREAS, the earliest Irish immigrants streamed across the Atlantic Ocean from their troubled homeland to find refuge and a new start on these shores; and WHEREAS, at first, they found resistance at every turn struggling with discrimination and menial jobs, Irish -Americans showed grit and determination working their way up in the world, and WHEREAS, the Irish brought with them the rich legacy of their country. They also brought a burning determination to advance their lives and a fierce regard for what is right and just. It was in this manner that the Irish were able to persevere and eventually make their many contributions to the cultural, political, family, and religious life of our nation; and WHEREAS, each year, on March 17, we celebrate Ireland and the Irish people by honoring St. Patrick, the patron saint and apostle of Ireland; and WHEREAS, in recognition of the challenges our community has faced with COVID-19, we look to the example of the Irish who overcame the "great potato famine' and found the brightness of the American Dream shining across our nation, gratefully giving their all to create a better future for their families and communities; NOW THEREFORE, as a tribute to our Irish -American community, their culture and the contributions they have made to our city, state, and country, in accordance with tie grand tradition of celebrations in our community, we the undersigned Mayor and Council of the City of Federal Way, Washington, do hereby proclaim the week of March 15th-19th as Irish -American Heritage Week in the City of Federal Way. We encourage appropriate celebrations of this occasion ensuring proper COVID-19 protocols are in place to Reep our friends and neighbors safe! Slainte! SIGNED this 16th day of March, 2021. FEDERAL IVAYMAYOR AND CITY COUNCIL im Ferrell, Mayor Susan Honda, Council President L a Assefa-D#, son, Councilmember Hoang V. 7ran, Councilmember Martin A. Moore, Councilmember Gfegnryi so, Councilmember Leandra Craft, Councilmember Un a Kochmaf)Councilmember COUNCIL MEETING DATE: March 16, 2021 ITEM #: 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 March 2, 2021 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the March 2, 2021 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A Council Initial/Date N/A CITY CLERK APPROVAL: 0 � W 2� lnilial(Dase N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERK's OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF v� Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Remote Meeting March 2, 2021 Special Meeting — 4:30 p.m. 1. CALL MEETING TO ORDER Council President Honda called the meeting to order at 4:31 p.m. ADIF&T City officials in attendance: Council President Susan Honda, Councilmember Lydia Assefa- Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. COMMISSION INTERVIEW In addition to the interviews previously held on February 16, 2021, the City Council interviewed one applicant for the Human Service Commission. After the interview the City Council discussed the vacancies and applicants. 3. ADJOURNMENT There being nothing further to discuss, Council President Honda adjourned the special meeting at 4:52 p.m. Special Meeting — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:03 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. Mayor Ferrell led the flag salute. Federal Way City Council Special Minutes Page 1 of 3 March 2, 2021 2. STUDY SESSION — HOUSING ACTION PLAN Community Development Director Brian Davis introduced Chaney Skadsen, Associate Planner who would be providing information along with consultant Kevin Ramsey from BERK Consulting who would also be providing information. Ms. Skadsen stated the goal for the Housing Action Plan document is to lay out comprehensive housing policy direction from which changes can be implemented. The intent of this plan is that regulatory changes occurring after adoption will be towards the goal of increasing residential building capacity in the city. She also provided historical data from the Federal Way zoning map pre -incorporation and the scale of building that has occurred each decade. The data reflects a large peak in multi -family housing with 100+ units prior to incorporation. Ms. Skadsen noted that by collecting and analyzing the data they will discover broad trends in the South King County housing market for policy development at the city level. This information will be used to evaluate strategies to encourage future housing production and meet forecast needs through 2040. Federal Way's Housing Action Plan will include: housing needs assessment, community and stakeholder engagement, housing policy review and code audit, housing objectives and strategies and schedule of next steps toward implementation. Mr. Ramsey provided additional information on the progress of the process and reviewed steps which have been completed, in progress and not yet started. He noted the timeline for adoption of the plan by City Council is late June 2021. The Housing Needs Assessment findings note that 40% of all households are cost -burdened; new housing production is not keeping pace with demand; the city will need to add 6,800 new units before 2040; and the city needs a variety of new housing types and sizes to meet housing needs. He provided further data regarding the affordability level and the needs from 2020 — 2040 and offered Housing Policy and Code Audit Findings including modifications that will create the highest impact opportunities for code changes. Mr. Ramsey provided proposed housing objectives along with additional information on each: • Encourage new development to expand housing choices. • Support equity in homeownership opportunities. • Enhance the character and livability of existing neighborhoods. • Promote complete communities by tying housing production to improved infrastructure, resources and amenities. • Help residents to stay in their homes. Council thanked Ms. Skadsen and Mr. Ramsey for questions along with suggesting accessory dwellings Council to clarify if the direction of what is presented continue. 3. PUBLIC COMMENT No public comment was received. the presentation and asked clarifying be considered. Mr. Davis asked the is the path the Council would like to Federal Way City Council Special Minutes Page 2 of 3 March 2, 2021 4. EXECUTIVE SESSION • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) At 6:02 p.m. the Mayor announced Council would be recessing to Executive Session for the purpose of discussing collective bargaining pursuant to RCW 42.30.140(4)(b) for approximately 10 minutes. 5. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 4:52 p.m. Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Special Minutes Page 3 of 3 March 2, 2021 I)RAFr CITY OF * Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting March 2, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 6:31 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. 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. Port of Seattle — South County Fund Update Alison Beason, Port of Seattle External Relations and Andy Gregory, Office of Equity, Diversity and Inclusion, presented information on the Economic Recovery Program and the Environmental Grants Program. The Economic Recovery Program received twenty-seven proposals and recommended funding for ten proposals for a total award of $981,881. El Centro de la Raza was awarded $99,985 for construction and workforce development. This program provides extensive outreach, education, and referrals for Latinos and other multi -cultural program participants to relevant pre -apprenticeship programs in port -related industries in order to obtain permanent employment. The Economic Recovery Program also funded African Community Housing & Development ($99,902); Asian Counseling & Referral Services ($100,000); Businesses Ending Slavery and Trafficking (($100,000); Puget Sound Welcome Back Center ($90,839); and Washington Maritime Blue ($99,995). Additional information was provided regarding the sixteen proposals submitted and fourteen recommendations for funding in the Environmental Grants Program. Four local projects were funded including the Federal Way Korean Garden ($20,000); Senior Center Community Garden ($9,000); South King County Community Stewardship Project supporting Tukwila, Burien, Des Moines, and Federal Way ($10,902); and Soil and Water Stewardship Training serving Federal Way, Burien, and Tukwila ($15,000). Council thanked Mr. Gregory and Ms. Beason for the information, community support, and investment in south King County. They also noted there will be additional outreach Federal Way City Council Regular Minutes Page 1 of 7 March 2, 2021 and counseling to assist those agencies with barriers to applying for these grants and applications not funded in the first round. Ms. Beason and Mr. Gregory noted a new round of grants will open this summer 2021 for the Economic Recovery Program and in the fall of 2021 for Environmental Grants. b. Mayor's Emerging Issues and Report • State of the City Address Mayor Ferrell presented the annual State of the City Address virtually on April 25 which was carried live on Government Access Channel 21, the city YouTube channel and the Mayor's Facebook page. This year was a stark contrast to last year's speech which was presented in -person at the Performing Arts & Event Center to over 700 attendees before the COVID-19 pandemic began. He noted the state of the city is strong and encouraged citizens watch the speech. He thanked IT Director Thomas Fitchner as well as the IT department and Mayor's Office staff for all of their hard work on this event. • Covid-19 Update Emergency Manager Ray Gross presented updated information on current phases and vaccine distribution in the region. He attended a virtual meeting with the King County Board of Health Director Patty Hayes who noted King County ranks just below the Honolulu area and hospitals are in fairly good shape in handling the pandemic as of late. He provided specific information on the percentages of residents who have had at least one dose of the vaccine. He also noted as additional vaccine locations come on line, the increase in those vaccinated will also grow. He noted Lumen Field will be facilitating a large amount of vaccines forthe region. CHI Franciscan will be using the Community Center and the Performing Arts & Event Center for vaccine distribution. Councilmembers thanked Mr. Gross for his update and noted Governor Inslee has recently included teachers and caregivers in the current vaccination phase. • City Council Retreat Recap Mayor Ferrell reported the Council held a virtual retreat on February 27 and deferred to Council President for a report. Council President Honda indicated the retreat was very productive in addressing communication and team building with Councilmembers. She noted the Council will be having two additional retreats this year, hopefully in -person. One retreat will cover Diversity, Equity and Inclusion training and a final retreat will focus on Council goals and future direction. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee PRHSPS : Chair Kochmar reported the next meeting will be March 9 at 5:00 p.m. She reviewed the items on the next agenda and thanked the applicants who applied for the Human Services Commission. Federal Way City Council Regular Minutes Page 2 of 7 March 2, 2021 Land Use/Transportation Committee (LUTC): Chair Baruso reported on the Committee meeting held on March 1 and noted the items which were moved forward to the March 16 City Council meeting as well as the Sound Transit Ordinance on the current Council agenda. He noted the next meeting is April 4 at 5:00 p.m. on Zoom. Finance Economic Development Regional Affairs Committee FEDRAC): Chair Tran reported on the Committee meeting held on February 23 and items on the current Council agenda. He noted there was a good discussion regarding the City's Utility Tax Rebate Program and the Committee has tasked the Senior Advisory Commission with reviewing and providing input. The next meeting will be March 23 at 5:00 p.m. Lodginq Tax Advisory Committee (LTAC): Chair Assefa-Dawson announced the next meeting will be held Wednesday, March 10 at 10:00 a.m. via Zoom. The Committee will be discussing a Washington State University study on tourism in Federal Way. Regional Committees Report (PIC): Councilmember Moore thanked his Council colleagues for also attending the meeting and reported the next meeting will be March 10 at 7:00 p.m. Council President Report: Council President Honda reported on educational opportunities for current Councilmembers. She noted Sound Transit will be attending a Federal Way City Council Special Meeting on March 16 to discuss the Draft Environmental Impact Study for the Operation and Maintenance Facility (OMF) South. She encouraged citizens to voice their concerns. She also wished the City of Federal Way a Happy Birthday. 4. PUBLIC COMMENT Julie Vance, lifelong resident of Federal Way, reported concerns with the increase in trash at bus stops and homelessness throughout the city. She would like to know what steps citizens can take to clean up the city. Trenice Rogers, Diversity Commissioner, spoke to thank Councilmembers for submitting their videos for student classrooms to celebrate Black History Month. She also noted her concern regarding the notable increase in trash and vagrancy at bus shelters and in the homeless encampments in the cities; she supports the comments made by Ms. Vance. Cynthia Ricks-Maccotan spoke in support of the city's response and resiliency over the past year in dealing with a pandemic noting how the community came together to assist the most. While not perfect, she is very proud of Federal Way's response. Mayor Ferrell spoke to constitutional issue of begging and has asked Public Works Director EJ Walsh to comment and reach out to King County Metro for an update on the cleaning schedule of the bus stops. 5. CONSENT AGENDA a. Minutes: February 16, 2021 Regular and Special Meeting Minutes; February 23, 2021 Special Meeting Minutes b. AP Vouchers (1/16/2021—2/15/2021); Payroll Vouchers (1/1/2021 — 1/31/2021) c. Monthly Financial Report — Final December 2020 d. Historical Society of Federal Way Funding Federal Way City Council Regular Minutes Page 3 of 7 March 2, 2021 COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH D ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 6. PUBLIC HEARING a. Federal Way Link Extension Development Agreement Alteration No. 2 Mayor opened the public hearing at 7:47 p.m. Ryan Medlen, Sound Transit Liaison provided information on the proposed changes. Council thanked for the presentation and asked clarifying questions. In response to a Council question, Mr. Medlen clarified a secondary issue regarding the Operations and Maintenance Facility South. He noted official comments for the DEIS for the Sound Transit OMF-South site need to be made at a Sound Transit Board Meeting or made to Sound Transit directly. Sound Transit Representatives will be presenting at the next Council Meeting on March 16, however official comments for their record have to be made at their meetings. No public comments were received. COUNCILMEMBER BARUSO MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER MOORE The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Mayor Ferrell noted action on this item will take place later in the agenda under Ordinances. MWK611111L IN I 11IIb91 z l ***-1 a. Human Services Commission Appointments COUNCILMEMBER KOCHMAR MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE HUMAN SERVICES COMMISSION: KATHERINE FESTA, JACK WALSH AND SOFIA MAYO TO VOTING MEMBERS WITH TERMS TO EXPIRE JANUARY 31, 2024; BETTY TAYLOR AS A VOTING MEMBER WITH A TERM TO EXPIRE JANUARY 31, 2023; JOSEPH FRANCO AS AN ALTERNATE MEMBER WITH A TERM TO EXPIRE JANUARY 31, 2024; ERIC OWEN AS AN ALTERNATE MEMBER WITH A TERM TO EXPIRE JANUARY 31, 2023; AND GRACE SSEBUGWAWO NAMAGGA AS AN ALTERNATE MEMBER WITH A TERM TO EXPIRE JANUARY 31, 2022. SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 4 of 7 March 2, 2021 b. WSDOT Traffic Busters Agreement Update Rick Perez, City Traffic Engineer presented the background on this agreement. He noted the proposed interagency agreement is for a fiber optic cable network for sharing traffic data. Mayor thanked Mr. Perez for the presentation. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes c. Asbestos Removal Nuisance Property Contract at 29604 18th Ave South Nick Ruiz, Code Compliance Officer, provided the background on this vacant property which has experienced multiple fires, vagrancy and squatters. He noted per regulations the property was inspected for asbestos prior to demolition. Upon finding asbestos on the property, the city has moved forward for the asbestos clean-up so the abatement of the property and demolition of the structure can move forward. In response to Council questions, Mr. Ruiz confirmed city staff was not exposed to the asbestos on the property, which was found inside the remaining structure. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED CONTRACT WITH AMERICAN ABATEMENT AND DEMO LLC TO REMOVE ASBESTOS AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; SECOND BY COUNCILMEMBER ASSEFA- DAWSON. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes d. Resolution: NCPA Cooperative Purchasing Contract/Approved Reso. #21-805 IT Director Thomas Fichtner provided information on this cooperative purchasing contract which will allow the city more options for purchasing, which will in turn save money. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes e. Resolution: Texas DIR Cooperative Purchasing Contract/ApprovedReso. #21-806 IT Director Thomas Fichtner provided information on this cooperative purchasing contract, similar to the previous contract, noting this agreement will also allow the city Federal Way City Council Regular Minutes Page 5 of 7 March 2, 2021 more options for purchasing and saving money. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 8. ORDINANCES Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes First & Second Reading/Enactment a. Council Bill #799/ Federal Way Link Extension Development Agreement Alteration No. 2 /Approved Ord. #21-908 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING A CHANGE TO THE FEDERAL WAY LINK EXTENSION PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT. Information on this item was presented at the public hearing earlier in the meeting by Mr. Medlen. Council had no additional questions. No public comments were received. COUNCILMEMBER BARUSO MOVED TO SUSPEND COUNCIL RULE 2.2(H) TO ALLOW FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes City Clerk Stephanie Courtney read the ordinance title. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Second Reading/Enactment b. Council Bill # 798/Sneed Limit Ordinance Amendment/Approved Ord. #21-909 AN ORDINANCE of the City of Federal Way, Washington, relating to speed limits; amending FWRC 8.30.040. (Amending Ordinance Nos. 90-29, 92-145, 93-177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, and 17-832). City Clerk Stephanie Courtney read the ordinance title. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 6 of 7 March 2, 2021 Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 9. COUNCIL REPORTS Councilmember Assefa-Dawson had no report. Councilmember Baruso acknowledged Women's History Month and would like to celebrate their achievements. He specifically thanked the important women in his life: his wife and mother. Councilmember Tran referenced recent false reports of DSHS requiring a fee for services; he asked everyone to beware. He also encouraged everyone to continue to be vigilant with social distancing, handwashing and wearing a face covering as less than 15% of the population has been vaccinated. Councilmember Craft is proud to support and encourage support of local women -owned business and encouraged learning about notable women in history. She is concerned with the increase in crimes against Asian Americans and offered her assistance to anyone who needs help with reporting these crimes. Councilmember Moore thanked the Diversity Commission for their work recording Councilmembers reading books for students to celebrate Black History Month. He also acknowledged Women's History Month and encouraged everyone to support women -owned businesses. Councilmember Kochmar had no report however she noted she will be happy when businesses and schools can reopen. Council President Honda reported the city is hosting a Shred Event on March 3 at City Hall from 10:00 a.m. to 2:00 p.m. The event will be socially distanced and it is limited to two boxes or three bags of paper. She also noted tomorrow is Girls' Day in the Japanese culture and she celebrates her daughter and granddaughter. She noted the Council will be acknowledging Women in Public Office at the next Council meeting. 10. EXECUTIVE SESSION CGI eGtive gawining �r,n► 42 30 , br canceled/held previously --r v�rT� 11.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:47 p.m. Attest: Stephanie Courtney City Clerk Approved by Council. Federal Way City Council Regular Minutes Page 7 of 7 March 2, 2021 COUNCIL MEETING DATE: March 16, 2021 ITEM #: 5b .. . . . ......... . .... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE INVESTIGATIONS PURCHASE OF VEHICLE POLICY QUESTION: Should the Federal Way Police Department purchase a new Special Investigations Unit (SIU) truck using Asset Forfeiture funds to further criminal investigations? COMMITTEE: PRHS&PSC MEETING DATE: March 9, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT BRYAN KLINGELE. _ DEPT: Police Attachments: 1. Staff Report 2. Price Quote from Dwayne Lane Dodge (State Bid) Options Considered: 1. Authorize the purchase of a SIU replacement truck for the Police Department 2. Reject the purchase of a new truck for the Police Department MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: s �]i(iECTOR APPROVAL: 17 C tnmitl a �Q-i`to—�c'u 1 "��(/�'I liritiallDa[c Initial/Date LtiittallDate COMMITTEE RECOMMENDATION: "I move to forward the New SIU Truck Purchase Authorization in the estimated amount of $39,193.69 to the March 16, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member_ PROPOSED COUNCIL MOTION: I move approval to authorize the purchase of a New SIU Truck for the Police Department and authorize the Chief of Police to make said purchase. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COI NCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 11'reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 11/2016 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: March 9, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: New SIU Replacement Vehicle Purchase Financial Impacts: The Washington State bid process will be used as the vendor for the purchase and the only direct financial impact to the city budget will be insuring and licensing of the vehicle each year. The funds used to make this purchase will come from the Asset Forfeiture account and these fiends can only be used to initiated and/or further unlawful drug investigations (RCW 69.50.505). Due to the fact that this truck would not be driven daily, it will easily last well past the typical life of a traditional police car assigned to the Police Department. The total estimated cost for the proposed purchase from the State bid (quote attached) would be $39,193.69. Back,ground Information: For several years the Special Investigations Unit (SIU) has been authorized a full-size truck as part of their fleet. In mid -year 2020, the SIU truck was totaled by a criminal suspect while being used in an investigation. The city was reimbursed $8,000 for the loss. A full-size truck is necessary to carry large quantities of illegal product, large pieces of equipment, and other items taken from the unlawful marijuana grows and other types of crime scenes that SIU deals with. It should also be noted that SIU is responsible to assist the Evidence Section with the disposal of items booked into Evidence which no longer have evidentiary value. Some of these items include: drugs, weapons, firearms, and other illegal substances and/or items. When SIU disposes of these items it usually involves a substantial amount of property and a full-size truck is generally needed. Rev. 7/18 Kurt Schwan From: NOREPLY@des.wa.gov Sent: Wednesday, February 10, 2021 9:27 AM To: Kurt Schwan Cc: noreply@des.wa.gov Subject: Vehicle Quote - 2021-2-224 - FEDERAL WAY, CITY OF - 21731 [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Vehicle Quote Number: 2021-2-224 Create Purchase Request View organization purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Northsound Dwayne Lane (W1675) 10515 Evergreen Way i Everett WA 98204 Organization Information Organization: FEDERAL WAY, CITY OF - 21731 Email: kurt.schwan@cityoffederalway.com Quote Notes: Vehicle Location: FEDERAL WAY Color Options & Qty Brig htWhiteClea rCoat (PW7) - 1 Tax Exempt: N Vehicle Options Order Code Option Description 2021-0853-001 2021 Dodge Ram 2500 4WD Dealer Contact: Mike O'Donnell Dealer Phone: (425) 551-4905 Ext: Dealer Email: fleet@dwaynelane.com Qty Unit Price Ext. Price 1 $27,685.00 $27,685.00 2021-0853-011 2021 Dodge Ram 2500 Crew Cab Four Wheel Drive (4WD) (DJ7L91) (2GA) (149inch WB, 6ft 4in box) 1 $2,990.00 $2,990.00 with 6.4L V8 Heavy Duty HEMI with MDS Engine (ESB), 8-Spd Auto 8HP75-LCV Trans (DFX), and 3.73 Axle Ratio (DME). Includes Power Windows, Door Locks with Remotes, and Power Heated Mirrors. 2021-0853-018 For Crew Cab Only: Tradesman Level 2 Equipment Group (A6B): Includes Cloth 40/20/40 Bench Seat 1 $1,095.00 $1,095.00 (*V9), Floor Covering Carpet (CKE), Front and Rear Floor Mats (CLE), Rear Power Sliding Window (GFE), Rear Window Defroster (GFA), SiriusXM Satellite Radio (RSD) with 1-Yr. SiriusXM Radio Service (X9B) and for more info call 800-643-2112 (X9H). Only available with Crew Cab, requires and includes CLOTH 40/20/40 Bench Seat (*V9). 2021-0853-024 For Crew Cab Only: Towing Technology Group (AAN): Includes Ctr Stop Lamp w/Cargo View Camera 1 $2,525.00 $2,525.00 (LPD), Aux Reverse Lamps, Mirror -mounted (LPF), Surround View Camera System (XAK), Blind Spot and Cross Path Detection (XAN), LED Tail Lamps (LAY), Black Premium Power Trailer Tow Mirrors (GU8), Grille -Gloss Black Billets w/Chrm (MFH), Trailer Reverse Guidance (XPU), Convex Aux Mirrors, Power- 1 Adjustable (LFX). Requires Trailer Brake Controller (XHC), UConnect 4 with 8.4in Display (UAM), and Chrome Appearance Group (AMP). Only available with Crew Cab. 2021-0853-025 Trailer Brake Control (XHC) 2021-0853-033 ParkSense Rear Park Assist System (XAA). 2021-0853-047 Spray -In Bedliner (XMF) Quote Totals $295.00 $295.00 $295.00 $295.00 $565.00 $565.00 Total Vehicles: 1 Sub Total: $35,450.00 10.1 % Sales Tax: $3,580.45 Quote Total: $39,030.45 COUNCIL MEETING DATE: March 16, 2021 ITEM #: 5 C . ....... .. . ...... ............ . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) POLICY QUESTION: Should the City Council approve the 2020 Program Year Consolidated Annual Performance and Evaluation Report (CAPER)? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 9, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brittany Julius, CDBG/Human Services Coordinator DEPT: Community Development Attachments: 1. Staff Report 2.2020 Consolidated Annual Performance and Evaluation Report Options Considered: 1. Approve the proposed 2020 Consolidated Annual Performance and Evaluation Report. 2. Do not approve the proposed 2020 Consolidated Annual Performance and Evaluation Report and provide direction to staff. MAYOR'S RECOMMENDA ION: Option 1. MAYOR APPROVAL: 4DIRECTOR APPROVALS g% trruniti Pbu II lnirial Date ` / ��C7t lnituil'I} [e Ilnkiale are COMMITTEE RECOMMENDATION: I move to forward the proposed 2020 Consolidated Annual Performance and Evaluation Report to the March 16, 2021 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2020 Consolidated Annual Performance and Evaluation Report. " (BELOH"TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 23, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager g� Brittany Julius, CDBG/Human Services Coordinator SUBJECT: 2020 Consolidated Annual Performance and Evaluation Financial Impacts: There is no cost to the City associated with the submittal of the 2020 Consolidated Annual Performance and Evaluation Report. Background Information: The purpose of the Consolidated Annual Performance and Evaluation Report (CAPER) is to inform the U.S. Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments resulting from the investment of Community Development Block Grant (CDBG) and other resources. The CAPER is required for each year of the Consolidated Plan program period, which currently covers program years 2020-2024. The 2020 CAPER is for the first program year and covers the period from January 1, 2020 to December 31, 2020. In 2020, HUD allocated $735,305 in CDBG funds to the City and a total of $1,100,282 in CDBG-CV funding with the first $432,622 available in 2020. CDBG-CV funds are used to prevent, prepare for, and respond to coronavirus by providing services to low- and moderate - income persons. $536,000 in general funds were used in conjunction with CDBG to provide a wide range of human services. The City successfully executed the activities outlined in the CAPER. The Human Services Commission considered the 2020 CAPER at its regular meeting on Monday, February 22, 2021, and voted to recommend approval of the 2020 CAPER. In 2020, the City expended $940,604.48 in CDBG funds. The City accomplished many of its goals in the 2020 program year with CDBG funded activities providing public services and economic development activities to 998 Federal Way residents. Services included life skills training for persons with disabilities, three employment and training programs, a health services program for drug -exposed infants, and homelessness prevention. The City deployed COVID-19 response funds to adapt homeless services during the pandemic and to provide school -aged child care. Rev. 7/18 Completed CDBG funded projects accomplished the following in 2020: • The City operated Housing Repair Program completed two home repairs with five in progress; • Villa Capri, an 86-unit affordable housing apartment complex, completed CDBG funded rehabilitation; ■ The Inclusion Program provided services to 310 individuals with disabilities; ■ Three employment and education programs offered by Apprenticeship for Nontraditional Employment for Women, Multi -Service Center, and Orion provided services to 48 Federal Way residents; • One infant received critical health services offered by Pediatric Interim Care Center; • Highline College provided technical assistance to 50 established businesses and startups; • Catholic Community Services (CCS) expanded Day Center hours serving 404 people experiencing homelessness from Federal Way; • CCS operated Reach Out with 24/7 staffing in a non -congregate setting, serving 30 Federal Way residents; and • The Boys and Girls Clubs adapted to add remote learning via a day time child care and school support program for low- and moderate -income families. The program served 58 low- and moderate -income Federal Way youth. Rev. 7/18 CITY OF Federal Way Consolidated Annual Performance and Evaluation Report (CAPER) PROGRAM YEAR 2020 FIRST PROGRAM YEAR OF THE 2020-2024 CONSOLIDATED PLAN For more information on the CAPER, contact: Si necesita esta informacion en espanol, (lame al: Sarah Bridgeford Brittany Julius Community Services Manager CDBG/Human Services Coordinator (253) 835-2650 (253) 835-2651 Sarah.Bridgeford@cityoffederalway.com Brittanv.Julius@citvoffederalway.com City of Federal Way Community Development Department Community Services Division 33325 8th Avenue South Federal Way, Washington 98003 www.citvoffederalway.com Table of Contents CR-05 - Goals and Outcomes .................................... ............. ...............,._........ ............ ............ .................1 CR-10 - Racial and Ethnic composition of families assisted......................................................................7 CR-15 - Resources and Investments 91.520(a)......................... .......... ......... ............. ................................ 8 CR-20 - Affordable Housing 91.520(b).....................................................................................................10 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)........._...................... 12 CR-30 - Public Housing 91.220(h); 91.320(J)...........................................................................................15 CR-35 - Other Actions 91.220(1)-(k); 91.320(i)-(J).................................................................................... 16 CR-40 - Monitoring 91.220 and 91.230.................................................................................................... 20 CR-45 - CDBG 91.520(c)...................................................................................._............_...............•........ 22 PR26 — CDBG Financial Summary Report ................................................................................................23 PR26—CDBG-CV Financial Summary Report ...................... :....:..:............... :::.:::....... . ................ ....... :.....27 CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The purpose of the Consolidated Annual Performance and Evaluation Report (CAPER) is to inform the U.S. Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments resulting from the investment of Community Development Block Grant (CDBG) and other resources for the the period of January 1, 2020 to December 31, 2020. In 2020, HUD allocated $735,305 in CDBG funds to the City and a total of $1,100,282 in CDBG-CV funding with the first $432,622 available in 2020, CDBG-CV funds are used to prevent, prepare for, and respond to coronavirus by providing services to low- and moderate -income persons. $536,000 in general funds were used in conjunction with CDBG to provide a wide range of human services. The City successfully executed the activities outlined in the CAPER. The City accomplished many of its goals in the 2020 program year with CDBG funded activities providing public services and economic development activities to 998 Federal Way residents. Services included life skills training for persons with disabilities, three employment and training programs, a health services program for drug -exposed infants, and homelessness prevention. The City deployed COVID-19 response funds to adapt homeless services during the pandemic and to provide school -aged child care. The COVID-19 response projects included: ■ Catholic Community Services (CCS) expanded Day Center hours for 404 people experiencing homelessness as included in the table above under Prevent and Address Homelessness, Public services. • CCS operated Reach Out with 24/7 staffing in a non -congregate setting, serving 30 residents reflected in the table above under Prevent and Address Homelessness, Public services. • The Boys and Girls Clubs adapted to add remote learning via a day time child care and school support program for low- and moderate -income families. The program served 58 low- and moderate -income Federal Way youth in 2020 and is included in the table above under Establish and Maintain Suitable Living Environment, Public services. Using non-CDBG CARES Act funding, the City implemented a rent assistance program and microenterprise child care provider grant program. COVID-19 response will continue in 2021 with programs addressing homelessness and childcare as well as business recovery, household financial recovery, and homelessness prevention. Some projects didn't meet performance targets, but provided critical services to achieve the goals set in the Consolidated Plan and Annual Action Plan. Programs were impacted by COVID-19 and measures to slow its spread. Homeowners postponed housing repair projects due to COVID-19 concerns. As a result, five prior year projects have expected completion dates in 2021. Highline's StartZone, serving residents in the former Neighborhood Revitalization Strategy Area in North Federal Way, and its citywide Economic Development Program, served low- and moderate -income microenterprise businesses and startups. Due to COVID-19 and rising unemployment, no jobs were created in 2020. Similarly, the Performing Arts and Event Center (PAEC) was unable to create new jobs as the PAEC was impacted by COVID-19. With events suspended, the PAEC was closed for most of the year resulting in furloughs for most full- and part-time employees. In Table 1, accomplishments are based on the 2020-2024 Consolidated Plan. The City has projects from the previous consolidated plan that completed in 2020 including the COVID-19 response projects (CDBG-CV). As a result of the transition to a new consolidated plan, Table 1 did not pull accomplishments for the prior year projects. Manual edits were made to correct this resulting in 531 persons assisted with public services to "Prevent and Address Homelessness" when 0 was expected. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee's program year goals. Goal Category Source / Amount Indicator Unit of Expected Measure — Strategic Plan Actual— Strategic Plan Percent Complete Expected — Program Year Actual— Program Year Percent Complete 207.00 Establish and Non -Housing CDBG: $ Public service activities other Maintain Community /General than Low/Moderate Income Persons 1500 417 200 417 Suitable Living Assisted 27.60% Development Fund: $ Housing Benefit Environment 76.00% Establish and Non -Housing CDBG: $ Housing Code Household Maintain Community /General Enforcement/Foreclosed Housing 250 38 50 38 Suitable Living Development Fund: $ Property Care Unit 15.20% Environment 0.00% Expand Non -Housing Economic Community CDBG: $ Jobs created/retained Jobs 60 0 10 0 0.00% Opportunities Development 104.17% Expand Non -Housing Businesses Economic Community CDBG: $ Businesses assisted Assisted 42 50 119.05% 48 50 Opportunities Development Preserve Household Affordable Affordable CDBG: $ Rental units rehabilitated Housing 50 86 0 86 Housing 172.00% Housing Unit Preserve Household Affordable Affordable CDBG: $ Homeowner Housing Housing 40 2 14 2 Housing Rehabilitated 5.00% 14.29% Housing Unit Public Facility or Prevent and CDBG: $ Infrastructure Activities Persons Address Homeless /General other than Low/Moderate Assisted 100 0 0.00% Homelessness Fund: $ Income Housing Benefit Prevent and CDBG: $ Public service activities other Address Homeless / General than Low/Moderate Income Persons 0 531 0 531 Assisted Homelessness Fund: $ Housing Benefit Prevent and CDBG: $ Address Homeless / General Homelessness Prevention Persons Assisted 200 97 48.50% 40 97 242.50% Homelessness Fund: $ Table 1-Accomplishments— Program Year & Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City identified economic development, affordbale housing, and homelessness as three highest priority goals, along with creating suitable living environments which generally include a wide array of public services. During the COVID-19 pandemic, economic development and housing stability presented the largest challenges. Projects funded to create or retain jobs did not meet performance targets due to measures to slow the spread of COVID-19. For example, the Performing Arts and Event Center (PAEC) began the year with a minimal restructure of full-time staff. Spectra Venue Management eliminated the full-time Stage Manager position and replaced with a part-time Stage Manager, assigning some duties to the full-time Assistant General Manager. In addition, Spectra reduced the Staff Accountant/Office Manager to part-time and reassigned some duties to the Accounting Manager. Spectra's decision to restructure was based on work volume needs and efficiency. The PAEC was closed from mid -March to the end of the year due to COVID-19. Initially, all part-time hours were suspended and full-time staff retained. As the shutdown continued with venue closure mandates, the PAEC was unable to reopen as anticipated and three of the full-time staff were furloughed. While the furlough was anticipated for one to two months, it lasted six months before the decision was made to eliminate some of the positions with the intent to reimplement the full-time and part-time positions in quarter 2 of 2021, or whenever the PAEC reopens. The loss of jobs is expected to be temporary. The same types of challenges existed for businesses served by Highline College's economic development programs, which also did not see any jobs created. The City completed a 2017 project in partnership with the Multi -Service Center resulting in the rehabiliatation of 86 affordable housing units. This endeavor helped to preserve the housing option for low- and moderate -income Federal Way households. The investment in housing repair continues as an important tool to retain affordable homeownership, keeping people in their homes, and helping homeowners retain the asset. Homelessness continues to be a priority for the City with the intent of considering capital projects in the 2020-2024 Consolidated Plan period. Originally, the City had one homelessness prevention rent assistance project planned for 2020, which addressed housing stability for 97 individuals. COVID-19 has created a situation where housing instability has increased with households being unable to pay full rent and accuring debt throughout the pandemic. The City implemented additional non-CDBG funded rent assistance projects in 2020 and will provide over $400,000 CDBG funds in 2021 to address housing stability. While not originally planned, $180,000 in CDBG-CV funds supported homeless services in adapting to COVID-19 to continue to provide services when congregate day and overnight shelter services became less safe during the pandemic. The experiences over the course of the 2020 Program Year highlighted the need for a permanent shelter for adults in the City of Federal Way and the City is considering allocating 2021 funds to a shelter project. CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 493 Black or African American 185 Asian 30 American Indian or American Native 24 Native Hawaiian or Other Pacific Islander 38 Total 770 Hispanic 96 Not Hispanic 674 Table 2—Table of assistance to racial and ethnic populations by source of funds Narrative During the program year, CDBG funds assisted 998 persons. The racial categories listed above do not include all of the racial categories that are tracked by subrecipients in compliance with the racial categories that HUD requires programs to track. For example, programs track Other/Multi-racial, Black/African American AND White, etc. The narrative provides more complete data as reported into the CDBG data and reporting system for any population representing more than 1% of the people served with CDBG funds in 2020. The demographic breakdown for projects measured by people is: • 493 or 49.4% of people served were White compared with 51.5% of the City's population; • 185 or 18.5% of people served were Black or African American compared with 14.7% of the City's population; • 30 or 3.0% of people served were Asian compared with 12.7% of the City's population; a 24 or 2.4 % of people served were American Indian/Alaskan Native compared with 0.9% of the City's population; • 38 or 3.8% of people served were Native Hawaiian or Other Pacific Islander compared with 2.6% of the City's population; and • 221 or 22.1% of people served were multi -racial compared with 8.3% of the City's population. 144 of the persons served identified as Hispanic representing 14% of the population served with CDBG funds compared with 18.7% of the City's population. This does not include the households served by the Housing Repair Program or the Villa Capri renovation of affordable rental housing; these projects served a total of 88 households. As they are measured by households and not persons, they are not included in the racial and ethnic demographic information. 68.2% of the households served identified as a race other than white and 22.7% of households identified as Hispanic. CR-15 - Resources and Investments 91.520(a) Identifv the resources made available Source of Funds Source Resources Made Available I Amount Expended . During Program Year CDBG public - federal 1,813,204 940,604 General Fund public - local 536,000 536,000 Table 3 - Resources Made Available Narrative The City expended about 52% of its available CDBG resources during the first program year of the consolidated plan (2020). The resources made available included prior year entitlement funds, current year entitlement funds, COVID-19 response funds (CDBG-CV), and program income. The City received the following program income during the program year: ■ Entitlement funds: $617,005 in prior year funds and $735,305 in 2020 funds • CDBG-CV funds: $432,622 were available in 2020 with an additional $667,660 becoming available in early 2021 • Program income: $28,271. The City operates a CDBG funded Housing Repair Program and has funded a repair program with Habitat for Humanity. Both programs had homeowners pay off the zero percent, deferred loans resulting in program income becoming available for CDBG- eligible activities. Program income is expended on a first in, first out basis. Narrative Most of the City's CDBG funding during the 2020 Program Year was Citywide except for the following: • Code compliance, which focuses on block groups that have 51% or more low- and moderate - income residents, are primarily residential, and show signed of deterioriation; and Highline's StartZone Program, which served residents from the target area in North Federal Way, the former Neighborhood Revitalization Strategy Area. This funding was targeted to business startups and workshops were delivered in Spanish with technical assistance provided in a number of languages. • Villa Capri completed a CDBG-funded rehabilitation project at the 86-unit affordable housing complex. 8 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. In addition to the City's general fund grants, projects funded through the City's CDBG program were able to leverage $1,433,342.39 in other federal, private, state/local, and other resources. Leveraged funds include: • Other federal: $792,917.01 • State/local: $315,535.75 • Private: $206,088.57 m Other: $118,801.06 There is no publicly owned land or property located within the jurisdiction that was used to address the needs identified in the plan. 9 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate -income, and middle -income persons served. One -Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non -Homeless households to be provided affordable housing units 0 0 Number of Special -Needs households to be provided affordable housing units 0 0 Total 0 0 Table 4 — Number of Households One -Year Goal Actual Number of households supported through Rental Assistance 30 38 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 14 88 Number of households supported through Acquisition of Existing Units 0 0 Total 44 126 Table 5 — Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City met or exceeded performance targets. However, the rehabilitation of exisiting units goal was met through a prior year project that experienced delays and did not begin or complete until the 2020 Program Year. As previously noted, the City's Housing Repair Program experienced delays due to COVID- 19 and did not meet performance. It is anticipated that the City will exceed performance in 2021 as a result of 2020 projects moving forward after COVID-19 related delays. 10 Discuss how these outcomes will impact future annual action plans. Housing Repair is not being funded in the 2021 Annual Action Plan as the program continues 2019 and 2020 projects. However, the City anticipates meeting the goals set in the 2020-2024 Consolidated Plan. Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 92 0 Low-income 32 0 Moderate -income 2 0 Total 126 0 Table 6 — Number of Households Served Narrative Information 100% of funds are used to support low- and moderate -income households. 11 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City partnered with Catholic Community Services to utilize CDBG-CV funds to adjust services to prevent and respond to COVID-19. These services included expanded Day Center hours to address lower capacity requirements due to social distancing and the closures of businesses and nonprofits that people experiencing homelessness frequent. It is one of the services that assesses individuals needs and assists in moving people to shelter and housing. The City invested $42,000 in outreach to persons experiencing homelessness through the City's Human Services General Fund (HSGF) supported projects. These projects included street outreach by mental health professionals and a community day center. Through these two services, 911 individuals received services. In addition, the City, including the Police Department, partners with currently unfunded outreach teams from two additional agencies to work with individuals to connect them to services. The City funds and supports Crisis Connection's 2-1-1, which provides critical information and referral services, many of which are related to homelessness. While many residents call 2-1-1 directly, City staff also provide information on resources by telephone and in person when individuals request services. Staff talk with residents to assess their needs and make appropriate referrals to local nonprofits. Addressing the emergency shelter and transitional housing needs of homeless persons The CDBG-CV funds also supported the transition of the local shelter to a non -congregate model and moved it from six -months to year round during the pandemic to safely operate based on CDC and the Department of Health guidelines. The City annually provides general funds to support a variety of human services programs. During the Program Year, the City expended $70,000 in general funds to programs providing shelter and transitional housing to 164 individuals. This included 6,893 shelter bed nights, and 2,192 bed nights of transitional housing. The programs funded included Catholic Community Services Reach Out, Hospitality House, Kent Youth and Family Services Watson Manor, and Multi -Services Center Shelter and Transitional Housing. The City funded Mary's Place with $17,000 to help families experiencing homelessness avoid entering the shelter system by accessing housing. Additionally, the City coordinated and planned a severe weather shelter in partnership with churches, Catholic Community Services, service providers, and residents to provide shelter during inclement weather. It operated two nights in the 2020 Program Year, providing critical safety to people living unsheltered in Federal Way. The City also provided a $25,000 general fund grant to FUSION, which opened its shelter's doors to families in December 2020. 12 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City invested Human Services General Fund (HSGF) grants in three programs dedicated to providing financial assistance to help stabilize individuals and families and prevent them from becoming homeless. With $54,000, the three programs served 515 households with 1,562 individuals. Additionally, $32,694 of CDBG Public Services funding was used by the Multi -Service Center to stabilize households comprised of 97 individuals with rental assistance. Further, in response to COVID-19, the City deployed $500,000 of CARES Act funding to assist 595 persons in 182 households pay off past due rent incurred due to COVID-19. Most households received assistance to fully pay rent debt through October of 2020. Due to the limited amount of funding and some large amounts of money owed by tenants to landlords, a few households still had a past due balance after the assistance was provided. Rent assistance does not address the potential of incurring additional rent debt and the City plans to partner with the Multi -Service Center and Catholic Community Services in 2021 to provide additional CDBG-funded subsistence payments to prevent homelessness due to COVID-19. An estimated 10% of renters are or have been behind on rent during the pandemic. The resources made available in 2020 were not able to meet the needs of renters and it is anticipated that the gap in resources will continue in 2021. The Washington State legislature is pursuing legislation that may help address the housing instability and how we transition out of an eviction moratorium in a way that minimizes evictions and displacement due to the pandemic. Based on experience in 202o, the City will continue investing in homelessness prevention in response to COVID-19 should additional funds become available. While not as direct as rental and utility assistance, many programs funded by HSGF provide other types of services that can offset costs and increase stability for residents. These programs include childcare, afterschool programs, employment and education programs for youth and adults, counseling, legal assistance, food assistance, and many others. These services provide a critical safety net addressing the many and unique needs experienced across the community. 13 Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again All of the aforementioned shelter services, day center services, transitional housing, and outreach services work closely with persons experiencing homelessness with the goal of helping individuals transition to permanent housing. The street outreach programs, day center services, and single adult shelters encounter many chronically homeless persons and strive to build relationships and trust with the individuals to facilitate service access. Services include, but are not limited to,case management, goal setting, moving to permanent housing, access to services such as counseling, substance abuse treatment, and referrals to address many other needs. The City funds a variety of services designed to work with different types of households experiencing homelessness including young mothers, individuals, and families. While rent assistance providers do not report on the number of households assisted that were previously homeless, their services are critical in preventing homelessness and likely reach at least some people who previously experienced homelessness. 14 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City is within the jurisdiction of the King County Housing Authority (KCHA). KCHA owns three public housing developments, one subsidized housing property, and two moderate -income apartment complexes, one of which was newly acquired in 2019. The City worked collaboratively to address the needs of public housing by advocating for and investing in affordable housing stock, providing supportive services to prevent homelessness (reducing the number of people who need to seek other housing options such as public housing), and staffing a number of committees that directed funds to organizations managing affordable housing stock. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership King County Housing Authority (KCHA) actively works to increase resident involvement through a number of mechanisms to collect feedback and develop opportunities for residents. As a highly functioning entity that is separate from cities, KCHA does require or need city involvement to increase resident engagement. The City is not in a position to directly impact resident engagement, but does seek partnership with KCHA to seek resident involvement on City projects. Actions taken to provide assistance to troubled PHAs King County Housing Authority (KCHA) is a high performing public housing authority (PHA) and not considered a troubled PHA. 15 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City is researching and analyzing several potential changes; however, no action was taken in 2020. The City is engaged in the development of a Housing Action Plan (HAP) including an assessment and development of housing strategies. It is anticipated that the HAP will be considered by City Council in spring 2021. A review of the strategies in the HAP will be provided in the 2021 CAPER. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) City staff have worked to support smaller, community based organizations with additional focus on organizations led by people of color. Additionally staff has engaged in the Governing for Racial Equity and Inclusion (GREI) and the quarterly regional consultation with refugee resettlement agencies. The focus of the groups ranges from direct services to policy level work and education. During the Program Year, the City utilized CDBG to fund three public services programs that meet the needs of underserved communities: • Inclusion Program received $35,000 to provide 310 persons with disabilities scholarships to take multiple life skills classes that prepare them to live independently; • Employment Services Program offered by Orion received $10,000 to assist five persons with disabilities with job readiness and placement assistance, all three of whom were placed in jobs by the end of the year; and • Pediatric Interim Care Center received $10,000 to provide health services to drug -exposed infants from Federal Way. The City and its Human Services Commission participated in a three-part training titled Grantmoking with an Equity Lens. The training set the stage for evaluation of grant applications and informed the evaluation tool used in the process. It helped staff and Commissioners identify areas for ongoing work in advance of the next application process to support organizations that are addressing underserved people in the community. Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j) All housing rehabilitation projects complied with the lead -based paint requirements. As appropriate, City staff provided information concerning lead hazards to our project beneficiaries. We require subrecipients working on housing related capital projects comply with lead -based paint requirements and provide information to all tenants and homeowners impacted by their projects. 16 Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) During the Program Year, the City provided $16,000 from HSGF to three programs providing employment and education programs designed to assist residents in increasing income and stability. The City also provided $28,090 in CDBG funds for three public services programs that provide employment assistance and educational programs. The programs all met performance targets providing increased opportunity to residents to improve income via training and employment services. Highline College's two programs collectively received $60,000 in CDBG funds to assist clients with technical assistance to support existing businesses and startups. Highline's programs included a citywide program and one specifically provided to residents of the North Federal Way area, the former Neighborhood Revitalization Strategy Area (NRSA). The goal is to create economic opportunities for individuals in the community. COVID-19 had impacted employment in general and was the cause of the programs not creating new jobs in 2020. However, the programs did provide services designed to increase business stability and growth and the tools provided will hopefully support economic recovery and future growth of microenterprises. The City continues to look for opportunities to partner with nonprofits and community organizations to apply for implementation grants to increase economic opportunity for its residents. This included the development of a legislative ask to pursue a feasibility study for a youth and young adult resource center that would help connect young people in Federal Way to educational and career opportunities. This addresses one need identified as youth in the community have lower educational attainment and engagement and lower rates of employment. As part of the City's COVID-19 response planning, a two-year financial counseling program was recommended for funding and will begin in 2021. The program focuses on the financial stability and growth of low- to moderate -income households by providing services assisting in improved credit, reduction in debt, and asset building. Additionally, the program staff will refer households to other services that may including employment and education intended to help households increase income. Actions taken to develop institutional structure. 91.220(k); 91.320(j) While the City continues to develop internal infrastructure and ways to support the local community based organization infrastructure, the regional efforts are instrumental in addressing two of the largest needs in the community, which are housing and homelessness. The City participated in the South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee through staff membership on the Housing Interjuridictional Team, and sub -regional conversations to address homelessness by addressing gaps in services in South King County. The development of the Regional Homelessness Authority will also impact regional and local structures and the City will look for ways to work within that structure while continuing to address local needs. 17 Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City is an active participant in the South County Human Services Planners (SKCHS) group. SKCHS is comprised of local planners, social service agencies, human services organizations, and public housing authority staff. The purpose of the group is to coordinate efforts to ensure relevant and culturally appropriate human services are made available to those most in need within the region. The City staff will continue involvement with the SKCHS to improve the coordination between public and private housing and social service agencies. The City coordinates housing services through its investment, communication, and networking with funded and non -funded organizations. City staff sit on a number of committees to address affordable housing and coordinate, promote, and develop services for people experiencing homelessness. These efforts include the staff workgroup for the Affordable Housing Committee and the South King Housing and Homelessness Partners. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In 2020, COVID-19 necessitated that staff focus on responding to the immediate housing crisis casued by COVID-19 and measures to reduce it's spread. Early in the pandemic, the City took action through an emergency proclamation and planned for, and later implemented, short-term projects to address immediate housing instability caused by COVID-19. While COVID-19 added a lot to the staff's workload, progress was made in discussing and addressing some of the goals in the 2019 Analysis of Impediments to Fair Housing Choice (AI). Specifically, work in 2020 included the following goals: • Engage underrepresented communities on an ongoing basis to better understand barriers and increase access to opportunity. • Provide more housing for vulnerable populations. • Provide more housing choices for households with large families. • Support efforts to increase housing stability. • Preserve and increase affordable housing in communities at high risk of displacement. • Review zoning laws to increase housing options and supply in urban areas. • Support the Affordable Housing Committee's efforts to promote fair housing. • Report annually on Fair Housing Goals and progress. The City engaged a third -party consultant in 2020 for the development of a Housing Action Plan (HAP) which includes a needs assessment, zoning and code review, and housing strategies. The work will conclude in 2021 and will inform the Comprehensive Plan update including the housing element. While the focus of the HAP is broader than the scope of the Al or the City's CDBG program, many of the AI goals are addressed throughout the development of the HAP. Community Services staff have 18 participated in the project with the Planning Division as lead. The HAP process has included discussions on housing stability, community engagement, affordable housing preservation and development, and a zoning and code review to increase housing supply. Information will be included in the 2021 CAPER on the final, adopted HAP and its intersections with the Al goals. South King Housing and Homelessness Partners (SKHHP) and its participating jurisdictions are moving forward with an interlocal agreement (ILA) to leverage taxes collected made available for affordable housing. The City had previously taken action to access these funds and has expressed support for pooling these funds and will move the ILA forward in 2021. The funds will support the preservation of affordable housing and potential new development of affordable housing. Projects will not be funded in each jurisdiction each year, but the ability to leverage funds presents a unique oportunity to support larger projects than any jurisdiction alone. Additionally, the City has engaged in conversations with King County regarding a different, new sales and use tax supporting housing for people experiencing homelessness. As a vulnerable population facing more barriers to attaining and maintaining housing, the funding presents a unique opportunity to address needs in the community. The City will continue to engage in conversation with the County as the program develops and consider local options. The City is reporting on Fair Housing Goals and progress with this section of the CAPER. 19 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements During the Program Year, all CDBG Public Services programs and capital and economic development programs received desk monitoring via materials submitted as part of the application cycle. Due to the impacts of COVID-19 on staff workload and agencies' service delivery, all onsite monitoring will be conducted in 2021 either virtually or in person should public health recommendations allow. There were no concerns identified in material review. Ongoing monitoring of all CDBG projects and activities was conducted on a frequent basis throughout the Program Year. The Public Services activities were monitored in terms of outcomes, goals, and supporting documentation. Reports were reviewed to ensure that contract targets were being met, demographic information was being collected, and expenditures were reviewed. The remote monitoring of invoices submitted for payment and quarterly reports did not reveal any instances of non-compliance. The City monitored every project that was part of the City implemented Housing Repair Program. Every project file was thoroughly examined. Individual project sites were visited at the scope development phase and during various phases of construction. As part of ongoing monitoring activities, the City has developed a technical assistance plan for existing subrecipients and new subrecipients for the 2021 Program Year. Technical assistance will be designed to ensure ongoing compliance and review of CDBG requirements. Highline College operates two, CDBG funded projects for Federal Way residents. The StartZone project focused in the former Neighborhood Revitalization Strategy Area (NRSA) and the target area in North Federal Way, provides outreach and services in languages common in that area and the City, including Spanish. Curriculum was provided in Spanish and English and technical assistance in more than three languages. Translation services are also available. Highline College continues to tailor services to cultural needs as a means of reaching and serving the diverse population in the City and to grow all businesses including minority owned busiunesses. In fall of 2020, the City, with support of Mayor Ferrell, discussed the allocation of 2021 CDBG funds toward the establishment of a permanent, year-round shelter in the City. This allocation will formally be brought to City Council in March 2021. Additionally, FUSION opened the first family shelter in the City. While the City did not use CDBG funds to support the project, the City had supported it with pass through funds from the State of Washington as well as a general fund grant provided in 2020. The shelter provides needed infrastructure to address family homelessness and the City hopes to do the same with the addition of a shelter for adults. 20 Citizen Participation Plan 91.105(d); 91,115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record. Citizen comments and suggestions are being encouraged regarding development of the Program Year CAPER during the public comment period that began Wednesday, February 17, 2021 and will end Tuesday, March 16, 2021. Citizen comments were encouraged for submission via telephone, letters, email, and mail. Notice of the draft CAPER was emailed to many agencies and community partners. A public hearing regarding the CAPER was held at the February 22, 2021 Human Services Commission. The CAPER was posted on the City's website at www.cityoffederalway.com during the public comment period. Hard copies of the CAPER will be made available upon request. Public comments will be added as received. 21 CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. There were no changes to the City's program objectives. While the response to COVID-19 added more funding and projects than anticipated for the program year, all projects fit within the City's approved CDBG goals and objectives. The City does not anticipate major changes in objectives, but may not meet performance targets pertaining to the planned use of CDBG funds for the Section 108 debt service for the Performing Arts and Event Center (PAEC) and the creation of jobs. The City is suspending the use of CDBG funds for the repayment of the Section 108 loan for 2021, at minimum. The suspension is due to delays in the planned hotel project, adjacent to the PAEC. The City included the hotel in the original application for Section 108 funds and acted in good faith when the property was sold to a private developer. The City had to buy the property back due to the failure to build a hotel. The City is currently condemning the property for public use. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? [BEDI grantees] Describe accomplishments and program outcomes during the last year. 22 011ke Of COMMOnn.y Nnning and Development 1nfITEs U.S. Department of Hausing ai]d UrMn Devof Anent TIME: 3 ? 5 Integruted Dlsttursement and Information System PAGE- i PR26 - CDBG Finandai Summary Rueort Lr.,4 Program Year 2020 FEDERAL WAY, WA PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 617,005.22 02 ENTITLEMENT GRANT 735,305.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECTION 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENT YEAR PROGRAM INCOME 28,271.43 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00 06 FUNDS RETURNED TO THE LINE -OF -CREDIT 0.00 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 08 TOTAL AVAILABLE (SUM, LINES 01-07) 1,380,581.65 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 370,232.61 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 0.00 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 370,232.61 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 111,055.73 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 235,216.10 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 0.00 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 716,504.44 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) 664,077.21 PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 217,448.66 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 217,448.66 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) 58.73% LOW/MOD BENEFIT FOR MULTI -YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) 0.00% PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 105,784.55 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 105,784.55 32 ENTITLEMENT GRANT 735,305.00 33 PRIOR YEAR PROGRAM INCOME 4,830.93 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 740,135.93 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) 14.29% 23 Office of Colt Mululy Plimlirlp and Developfl*tl U.5. Department of Housing 6w UrtVan oeveidCnlent Integrated Disbursement and Iafarmatlon System PR26 • CDBG Financial Summary REpart Program Year 20Z0 FEDERAL WAY, WA PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) TIME; 18:5 PAGE: 2 111,055.73 0.00 0.00 0.00 111,055.73 735,305.00 28,271.43 0.00 763,576.43 14.54% 24 011ice-pt t:grimmk'd* Pfnnine and Dre6Wnwd DATE: 02-Irr-at U.S. Dajuar"nt of Housir+g-end Urban Dewgpprnernt T[ME: msii Il ! Irteg+ated Dolwosement and Infat maUon System PAGE: 3 li�llll PR26 • CUSG Financial Summary Report Program Year 2020 FEDERAL WAY, WA LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Plan IDIS IDIS Activity Activity Name Matrix National Year Project Code Objective Drawn Amount 2017 13 192 Villa Capri Security Door Renovation 14B LMH $152,783.95 14B Matrix Code $152,783.95 Total LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan IDIS IDIS voucher Activity Name Matrix National Year Project Activity Number Code Objective Drawn Amount 2020 5 194 6458596 Federal Way Community Center Inclusion Program 05B LMC $35,000.00 0513 Matrix Code $35,000.00 2020 7 197 6455276 MSC Youth Employment and Education Services 05H LMC $9,419.92 2020 8 198 6155277 Orion Employment Services Program 05H LMC $10,000.00 2020 10 195 6458597 ANEW Employment Services 05H LMC $8,670.00 OSH Matrix Code $28,089.92 2020 9 199 6455279 PICC Infant Withdrawal Program 05M LMC $10,000.00 05M Matrix Code $10,000.00 2020 6 196 6455278 MSC Rental Assistance 05Q LMC $32,694.63 OSQ Matrix Code $32,694.63 2019 1 191 6433110 Housing Repair Program 14A LMH $14,916.19 2020 .5 203 6458599 Housing Repair Program 14A LMH $1,747.92 14A Matrix Code $16,664.11 2020 4 202 6458745 Code Compliance 15 LMA $35,000.00 15 Matrix Code $35,000.00 2020 12 207 6455283 STARTZONE 18C LMC $30,000.00 2020 13 208 6455284 Economic Development Programs 18C LMC $30,000.00 18C Matrix Code $60,000.00 Total $217,448.66 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Activity to prevent, Plan IDIS IDIS Voucher prepare for, Activity Name Grant Number Fund Matrix National Year Project Activity Number and respond Type Code Objective to Coronavirus Drawn Amount 2020 5 194 6458596 No Federal Way Community Center Inclusion Program B20MC530015 EN 05B LMC $35,000.00 05B Matrix Code $35,000.0o 25 ffke:al CpfiniWifty Pk6}1;Ili1p of d i7EvNltlllfijeilt DATE. 0T 1frk U-S. Depaitrmni of Housing and Urban DevefopmPrit TIME: 1856 inteorated Disbursement and Information System PAGE: 4 PR26 • CDSG Ffnandoi Summary Report Program Year 2020 FEDERAL WAY, WA Activity to prevent, Plan IDIS IDIS Voucher prepare for, Activity Name Grant Number Fund Matrix National Year Project Activity Number and respond Type Code Objective to Coronavirus Drawn Amount 2020 7 197 6455276 No MSC Youth Employment and Education Services B20MC530015 EN 05H LMC $9,419.92 2020 8 198 6455277 No Orion Employment Services Program B20MC530015 EN 05H LMC $10,000.00 2020 10 195 6458597 No ANEW Employment Services 020MC530015 EN 05H LMC $8,670.00 05H Matrix Code $28,089.92 2020 9 199 6455279 No PICC Infant Withdrawal Program B20MC530015 EN 05M LMC $10,000,00 05M Matrix Code $10,000.00 2020 6 196 6455278 No MSC Rental Assistance B20MC530015 EN 05Q LMC $32,694.63 05Q Matrix Code $32,694.63 No Activity to prevent, prepare for, and respond to Coronavirus $105,784.55 Total $105,784.55 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan IDIS IDIS Voucher Matrix National Year Project Activity Number Activity Name Code Objective Drawn Amount 2020 1 193 6393344 Program Administration 21A $37,676.44 2020 1 193 6455280 Program Administration 21A $24,938.86 2020 1 193 6455286 Program Administration 21A $20,618.85 2020 1 193 6458598 Program Administration 21A $27,821.58 21A Matrix Code $111,055.73 Total $111,055.73 26 Office of Communit, Pfannmg aoa Development DATE: 02-16.-21 f U,S. Department of Hows:ng aced Urban DeveIopmerit TFIE: 16:24 11 lr Incegrated Disbursement and Information System PAGE: 1 PR26 - CiDBG-CV Friancfaf Summary Report aG9 I II 0 FEDERAL WAY, WA PART I: SUMMARY OF CDBG-CV RESOURCES 01 CDBG-CV GRANT 1,100,282.00 02 FUNDS RETURNED TO THE LINE -OF -CREDIT 0.00 03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 04 TOTAL AVAILABLE (SUM, LINES 01-03) 1,100,282,00 PART II: SUMMARY OF CDBG-CV EXPENDITURES 05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 224,100.04 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 0.00 07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00 08 TOTAL EXPENDITURES (SUM, LINES 05 - 07) 224,100.04 09 UNEXPENDED BALANCE (LINE 04 - LINE8 ) 876,181.96 PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT 10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 11 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 224,100.04 13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12) 224,100.04 14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05) 224,100.04 15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14) 100.00% PART IV: PUBLIC SERVICE (PS) CALCULATIONS 16 DISBURSED IN IDIS FOR PUBLIC SERVICES 224,100.04 17 CDBG-CV GRANT 1,100,282.00 18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) 20.37% PART V: PLANNING AND ADMINISTRATION (PA) CAP 19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 0.00 20 CDBG-CV GRANT 1,100,282.00 21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20) 0.00% 27 Offiue of Community planning and Development DATE: Q-16.21 Department of Housing and urban Development TII•IE: t6:24 hIllU.S. Integrated Disbursement and Information System PAGE: 2 * PR26 - CD6G-CV Ffnandal Summary Report e! FEDERAL WAY, WA d�nr �rz LINE SO DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 Report returned no data. LINE it DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 Report returned no data. LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2020 14 206 6455275 COVID 19 RESPONSE 05L LMC $43,407.00 15 205 6455281 Expanded Day Center 03T LMC $124,693 04 16 204 6455282 REACH Out 03T LMC $56,000.00 Total $224,100.04 LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2020 14 206 6455275 COVID 19 RESPONSE 05L LMC $43,407.00 15 205 6455281 Expanded Day Center 03T LMC $124,693.04 16 204 6455282 REACH Out 03T LMC $56,000.00 Total $224,100.04 LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Report returned no data. 28 COUNCIL MEETING DATE: March 16, 2021 ITEM #: 5 d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH PUBLIC HEALTH OF SEATTLE-KING COUNTY FOR THE SOUTH KING COUNTY MOBILE MEDICAL PROGRAM POLICY QUESTION: Should the City enter into an interlocal agreement with Public Health of Seattle -King County for the South King County Mobile Medical Program? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: March 9, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brittany Julius, CDBG/Human Services Coordinator DEPT: Community Development Attachments: 1. Staff Report 2. Interlocal Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S MAYOR APPROVAL: TION: Qotion 1. DIRECTOR APPROVAL: g04/Z02( Initial lMw COMMITTEE RECOMMENDATION: "I move to forward the proposed Interlocal Agreement to the March 16, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Interlocal Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 18, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager1�505 Brittany Julius, CDBG/Human Services Coordinator SUBJECT: Interlocal Agreement with Public Health of Seattle -King County for the South King County Mobile Medical Program Financial Impacts: The cost to the City for the interlocal agreement with Public Health of Seattle -King County was included within the approved budget under the Community Development Department, Community Services Division budget as part of the $536,000 in grant funding in professional services. The grant funding approved by City Council on November 17, 2020 included $16,000 for Public Health of Seattle -King County for the South King County Mobile Medical Program. In accordance with the approved budget, this item is funded by General Fund. Upon completion of the agreement, there will be no currently planned future costs. Background Information: The City Council allocated $536,000 to the Human Services General Fund grants as part of the 2021-2022 budget. On November 17, 2020, City Council approved the Human Services Commission 2021-2022 grant recommendations, which included $8,000 per year for two years for Public Health of Seattle -King County's South King County Mobile Medical Program. The grant funding provides dental services to people experiencing homelessness in the City of Federal Way. The program proposes to provide 27 dental visits per year to 26 Federal Way residents with the goal of improving health. Rev. 7/18 CITY OF A** . Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com HUMAN SERVICES AGREEMENT FOR SOUTH KING COUNTY MOBILE MEDICAL PROGRAM This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Public Health of Seattle — King County a Washington municipal corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: PUBLIC HEALTH OF SEATTLE - KING COUNTY: Patty Hayes 401 5th Ave #1300 Seattle, WA 98104 (206) 263-8285 (telephone) .ha The Parties agree as follows: CITY OF FEDERAL WAY: Brittany Julius 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) brittany..iulius@cityoffederalway.com 1. TERM. The term of this Agreement shall be for a period commencing on January 1, 2021 and terminating on December 31, 2022 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Agency an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. HUMAN SERVICES AGREEMENT - 1 - 12/2020 CITY OF �� Federal Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederalway com 4.2 Method of Payment. On a quarterly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City and all reports as required by this Agreement. Payment shall be made on a quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Human Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Nan-AppKUrriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Agency Indemnification. The Agency agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Agency waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Agency's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, HUMAN SERVICES AGREEMENT - 2 - 12/2020 CITY OF ��. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryotfederalway com liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Agency's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Agency while performing the Services shall belong to the City upon delivery. The Agency shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the HUMAN SERVICES AGREEMENT - 3 - 12/2020 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvey coin expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six (6) years after the termination of this Agreement and may be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Agency shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions HUMAN SERVICES AGREEMENT - 4 - 12/2020 CITY OF .-� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.dtyoffederalway.com shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Agency nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Agency shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement HUMAN SERVICES AGREEMENT - 5 - 12/2020 .;&CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotFederalway com and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] HUMAN SERVICES AGREEMENT - 6 - 12/2020 ,*SCITY OF ,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalwey com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: PUBLIC HEALTH OF SEATTLE — KING COUNTY: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney 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, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires HUMAN SERVICES AGREEMENT - 7 - 12/2020 CITY OF AR ,&,� Fe d e ra I Allay EXHIBIT A SERVICES Proiect Summary CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederelwey com The Agency shall provide dentistry services to people experiencing homelessness in the City of Federal Way. The Agency shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: 1st 2nd 3rd 4th Quarter Quarter Quarter Quarter Total JAN. — APRIL — JULY — OCT. — MARCH JUNE SEPT. DEC. No. of unduplicated Federal Way persons assisted in 2021 6 6 7 7 26 No. of unduplicated Federal Way persons assisted in 2022 6 6 7 7 26 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: 1st 2nd 3rd 4th Quarter Quarter Quarter Quarter Total JAN. — APRIL — JULY — OCT. — MARCH JUNE SEPT. DEC. 2021 1. Dental Visits 6 6 7 8 27 2022 1. Dental Visits 6 6 1 7 8 1 27 C. Definition of Services 1. Dental Visits — Dental care visits on the mobile van. HUMAN SERVICES AGREEMENT -8- 12/2020 4S CITY OF AN Federal Way D. Performance Measure(s) Outcome(s) to be reported: 1. Individuals or families will have improved health. Records CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyoffederalway com A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Documentation of client address; residency verified via King County Parcel Viewer. 9. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2020 Income Limits Summary Median FY 2020 Income Income 1 2 3 4 5 6 7 8 King Limit Person Persons Persons Persons Persons Persons Persons Persons County Category Extremely Low (30%) $25,100 $28,650 $32,250 $35,800 $38,700 $41,550 $44,400 $47,300 Income Limits Very Low $113,300 (50%) Income $41,800 $47,800 $53,750 $59,700 $64,500 $69,300 $74,050 $78,850 Limits Low (80%) Income $66,700 $76,200 $85,750 $95,250 $102,900 $110,500 $118,150 $125,750 Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. HUMAN SERVICES AGREEMENT - 9 - 12/2020 CITY 4F CITY HALL Fed a ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalwey com Reports and Reportiny_ Schedule The Agency shall collect and report client information to the City quarterly and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than January 15 in the format requested by the City. The Agency shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by January 15 in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way Human Services General Fund Program. HUMAN SERVICES AGREEMENT - 10 - 12/2020 CITY OF Federal Way EXHIBIT B CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com COMPENSATION Project Budget The Agency shall apply the following funds to the project. The total amount of compensation pursuant to this Agreement shall not exceed Sixteen Thousand and 00/100 Dollars ($16,000.00). City of Federal Way Funds 2021 2022 City of Federal WayGeneral Fund: $8,000.00 $8 000.00 Total Cityof Federal WayFunds: $8,000.00 $8 000.00 Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than quarterly and are due on the following dates: 1 st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4th Quarter: Final Reimbursement Request and Service Unit Report forms due January 6; Demographic Data Report and Annual Outcome Data Report due January 15. The Agency shall submit payment requests in the format requested by the City. Payment requests shall include a copy of the Service Unit Report. Estimated Quarterly Payments: 2021 1 st Qtr $2,000.00 2nd Qtr $2,000.00 3rd Qtr $2,000.00 4th Qtr $2,000.00 2022 1 St Qtr $2,000.00 2nd Qtr $2,000.00 3rd Qtr $2,000.00 4th Qtr $2,000.00 Quarterly payment requests shall not exceed the estimated payment without prior written approval from the City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. HUMAN SERVICES AGREEMENT - 11 - 12/2020 COUNCIL MEETING DATE: March 16, 2020 ITEM #: 5e- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT FOR THE PURPOSE OF POOLING SALES TAX RECEIPTS V1'ITH SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) CITIES TO ADMINISTER FUNDS UNDER RCW 82.14.540 POLICY QUESTION: Should City Council approve the Interlocal Agreement to pool funds collected under RCW 82.14.540 with participating member jurisdictions of SKHHP? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: March 9, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2. Interlocal Agreement 3. Resolution No. 20-797 Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: Initin]'fDatc DIRECTOR APPROVAL:�3 '0c- ii-4E7 -/�'W7 Initial: Wwe COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the March 16, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 18, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Sarah Bridgeford, Community Services Manager SUBJECT: Interlocal Agreement for the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness Partners (SKHHP) Cities to Administer Funds under RCW 82.14.540 Financial Impacts: There is no direct cost to the City to pool tax receipts collected under RCW 82.14.540. This item is funded by taxes collected under RCW 82.14.540, which are solely for the purpose of affordable housing. Upon completion of the Interlocal Agreement for the Purposes of Pooling Sales Tax Receipts with South King Housing and Homelessness Partners (SKHHP) Cities to administer funds under RCW 82.14.540, future costs will be minimal due to ongoing costs associated with compliance and will be covered with staffing costs included in future budgets. Pooling funds with SKHHP remains the most efficient way to use the funds to address housing needs while reducing administrative costs for the city. Background Information: RCW 82.14.540 (authorized by Substitute House Bill 1406) allows cities and counties to recapture a portion of Washington State sales tax to be used to support affordable housing. On November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorizes a recapture of Washington State sales tax to support affordable housing for those at or below 60% of the area median income (AMI). Specifically, the funds may be used in the following ways: ■ Acquiring, rehabilitating, or constructing affordable housing, which may include new units within an existing structure or facilities providing supportive services under RCW 71.24.385; or ■ Operations and maintenance for units of affordable or supportive housing; or ■ For cities with populations less than 100,000, provide rental assistance. The legislation sets a cap on the maximum revenues any jurisdiction may receive per the state fiscal year (July 1 to June 30) based on fiscal year 2019, which ended on June 30, 2019. The Department of Revenue has calculated the maximum capacity (cap) of $125,065.50 annually for the City of Federal Way. Rev. 7/18 South King Housing and Homelessness Partners (SKHHP) was formed for the purpose of advancing affordable housing initiatives in South King County. Anticipated initiatives include assisting cities with comprehensive plan updates, data collection and housing trend analyses, and establishing a housing capital fund to support the purchase, rehabilitation, and/or development of affordable housing. An essential principle of the SKHHP Interlocal Agreement (ILA) is that the ten -member jurisdictions are better able to deliver successful outcomes by working collaboratively and pooling resources. In support of this principle, the SKHHP Executive Board unanimously adopted Resolution 2019-06, which urges each member jurisdiction to pool funds collected under RCW 82.14.540 to a SKHHP Housing Capital Fund. The pooled funds have greater potential to leverage other public and private funds and will go further than the individual dollars collected by each city. Collectively, the revenues are estimated to exceed $1,000,000 each year for 20 years. On October 20, 2020, the City of Federal Way enacted Resolution 20-797 to declare support to pool funds by directing the funds received pursuant to RCW 82.14.540 to SKHHP. Pooling funds requires a minimum of two SKHHP cities' participation. While the intent is for all SKHHP cities to pool funds, some cities that have not had other direct COVID-19 response funds such as Community Development Block Grant (CDBG), have needed to temporarily use funds collected under RCW 82.14.540 to respond to COVID-19. Any city that does not enter into the ILA to pool funds may do so later as outlined in the draft ILA. Cities may withdraw from the ILA as outlined in the ILA. Following the establishment of the ILA, the SKHHP Executive Board will identify funding guidelines including funding priorities and eligibility, application and review process, and funding schedule. SKHHP will establish an advisory board to inform the process and make recommendations to the Executive Board. Projects funded will be reviewed and recommended by the SKHHP Advisory Board. The Advisory Board will consider south King County housing needs, other funding sources supporting affordable and supportive housing, local housing needs, and equitable distribution of funds. The SKHHP Executive Board will consider these recommendations in deciding funding awards. Recommendations for use of City of Federal Way funds will be forwarded to the City Council to authorize the application of the specified amount on the recommended projects. The SKHHP Executive Board voted unanimously to move the ILA forward to participating jurisdictions. Recommendation: In alignment with Resolution 20-797, staff recommends authorizing this Interlocal Agreement to pool the City of Federal Way's funds with SKHHP. Rev. 7/18 Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness Partners ("SKHHP") Cities to Administer Funds Under RCW 82.14.540 This Interlocal Agreement ("Agreement") is entered into by and between the Cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila each municipal corporations and political subdivisions of the State of Washington (individually, a "Party" and collectively, "the Parties"). WHEREAS, this Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, and has been authorized by the legislative body of each jurisdiction to address the use of pooled tax receipts for affordable and supportive housing sales and use tax in accordance with RCW 82.14.540(10). WHEREAS, SKHHP was formed on January 1, 2019 by Interlocal Agreement among the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County (the "SKHHP Interlocal Agreement"); and WHEREAS, after SKHHP was formed, the Washington State Legislature passed Substitute House Bill (SHB) 1406, which was signed into law by the Governor, and is now codified at RCW 82.14.540; and WHEREAS, RCW 82.14.540 authorizes the legislative authority of a county or city to impose a local sales and use tax for affordable and supportive housing to income -eligible persons; and WHEREAS, RCW 82.14.540 stipulates the moneys collected or bonds issued through this sales tax credit may only be provided to persons whose income is at or below 60 percent of the median income of the county or city imposing the tax and may only be used for the following purposes: (i) acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services under RCW 71.24.385; or (ii) funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, funding to support the acquisition, rehabilitation, and new construction of affordable housing, and operation and maintenance costs of new affordable housing is critical to providing an array of housing opportunities for residents; and WHEREAS, RCW 82.14.540 allows cities with a population of one hundred thousand or less to use moneys collected for providing rental assistance to tenants in addition to the affordable housing purposes listed above. As of the date of this Agreement, although at least some of the Parties have a population of one hundred thousand or less, all such Parties intend that the funds they contribute pursuant to this Agreement shall not be used for providing rental assistance; and SKHHP SHB 1406 Interlocal Agreement — February 4, 2021 Page 1 of 6 WHEREAS, within six months of the effective date of RCW 82.14.540, each of the Parties adopted a resolution of intent to authorize the maximum capacity of the tax, and within 12 months, each of the Parties adopted legislation authorizing the maximum capacity of the tax; and WHEREAS, on November 22, 2019, the SKHHP Executive Board took unanimous action to adopt SKHHP Resolution 2019-06 urging each of the nine member jurisdictions to pool 100 percent of the tax receipts collected under the provisions of RCW 82.14.540 which expressly anticipates pooling of tax receipts received under RCW 82.14.540 if done pursuant to this Agreement; and WHEREAS, the Parties wish to act cooperatively to pool tax receipts received in individual cities to allow the use of funds to leverage other funds and make a more meaningful and significant impact on affordable housing challenges in south King County consistent with this Agreement and RCW 82.14.540; and WHEREAS, pooling RCW 82.14.540 sales tax receipts with SKHHP will establish a regional funding source that will help to establish regional -decision making and shared housing solutions and increased investment in affordable and supportive housing in south King County. NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants contained in this Agreement, the Parties incorporate by reference and agree to the above recitals and the following terms and conditions: 1. PUrpose. The purpose of this Agreement is to allow each of the Parties to pool all or a portion of its tax receipts received under RCW 82.14.540 for use by SKHHP in funding affordable and supportive housing projects and/or programs as permissible under RCW 82.14.540. 2. Responsibilities and Authority. For the purposes of RCW 39.34.030(4)(a), the SKHHP Administering Agency is designated as the administrator responsible for overseeing and administering the joint or cooperative undertaking contemplated by this Agreement. No property shall be acquired by the Parties to this Agreement by reason of this joint or cooperative undertaking. 3. Pooled Funds. The legislative body of each Party shall consider whether it will pool with SKHHP all or a portion of its RCW 82.14.540 tax receipts. Each Party that determines that it will pool all or a portion of its RCW 82.14.540 tax receipts shall transfer the funds to be pooled into the SKHHP Housing Capital Fund. 4. Uses of Pooled Funds. Consistent with the permissible uses of funds set forth in RCW 82.14.540, SKHHP will distribute funds pooled under this Agreement only for the following purposes that serve persons whose income is at or below 60 percent of the median income: SKHHP SHB 1406 Interlocal Agreement— February 4, 2021 Page 2 of 6 a. Acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services under RCW 71.24.385; and/or b. Funding the operations and maintenance costs of new units of affordable or supportive housing. 5. Selection of Funding Awards involving Pooled Funds. SKHHP intends to periodically invite applications for funding for projects and/or programs eligible for funding under the SKHHP Interlocal Agreement. For each round of funding applications for which SKHHP intends to use funds pooled under this Agreement, the following shall apply: a. The SKHHP Executive Board will identify funding guidelines that will include, but not be limited to: the amount of available funding, household income targets, funding priorities, eligible activities and geographic areas, regulatory terms, other award terms/reporting requirements, application contents, review process, evaluation criteria, and the schedule for funding allocation. b. The SKHHP Advisory Board, to be established by the SKHHP Executive Board as outlined in the SKHHP Interlocal Agreement, will provide recommendations to the SKHHP Executive Board on the strategic funding priorities and the allocation of tax receipts collected through this Agreement. These recommendations will consider south King County housing needs, other funding sources that support affordable housing and supportive housing, local housing needs, and equitable geographic distribution of funds. c. The SKHHP Executive Board shall consider the recommendations of the SKHHP Advisory Board to decide both the recommended funding awards for selected projects and/or programs and the specific funding from each participating Party consistent with the SKHHP Executive Board Powers. d. Funding will be limited to projects or programs that are within the SKHHP sphere of influence as identified in the SKHHP Interlocal Agreement and meet the eligibility criteria of RCW 82.14.540. 6. Expenditure of Pooled Funds; Legislative Authority of Each Partv. a. As provided in the SKHHP Interlocal Agreement, the SKHHP Executive Board will recommend to the individual legislative bodies various terms to accompany their authorizations. Terms shall be consistent with RCW 82.14.540 and may include but will not be limited to: the amount of funds allocated, project description, minimum affordability requirements, nature of funding commitment (loan, grant, or other), and general repayment terms for loans, if applicable. SKHHP SHB 1406 Interlocal Agreement —February4, 2021 Page 3 of 6 b. Before any Party's pooled funds are awarded or distributed for funding of a project or program selected pursuant to Section 4 "Selection of Funding Awards involving Pooled Funds" of this Agreement, the legislative body of such Party shall authorize the application of a specified amount of its 82.14.540 tax receipts in its Individual Account, as provided in Section 14 of the SKHHP Interlocal Agreement. c. SKHHP may only award and distribute a Party's pooled funds after a Party's legislative body has approved participation in this Agreement. 7. Administration. Funds collected through this Agreement shall be administered through the SKHHP Housing Capital Fund as outlined in the SKHHP Interlocal Agreement and administered by the SKHHP Administering Agency. The SKHHP Administering Agency will maintain records sufficient to separately track the deposits and withdrawals within each Individual Account and each project account. 8. Reg. In addition to reporting requirements under the SKHHP Interlocal Agreement, SKHHP will submit an annual report to the Parties of work plan progress that includes, but is not limited to, housing priorities, strategies, capital funding investments, use. of pooled RCW 82.14.540 tax receipts, and other SKHHP accomplishments. 9. Audit. The Parties acknowledge that the expenditure of all funds will be subject to audit by the state auditor or other authorized entity. The SKHHP Administering Agency reserves the right to review, monitor, or audit the use of these funds as deemed necessary. Such activities may occur with or without notice. 10. Termination or Withdrawal. This Agreement may be terminated at any time by an affirmative vote of a majority of the legislative bodies of the Parties to this Agreement. If a Party wishes to withdraw from participation in this Agreement, it may do so with written notice to the SKHHP Executive Board of its intention to withdraw, due on or before July 1 of a year and become effective as of 11:59 p.m. on December 31 of that year. Upon termination of this Agreement or Party withdrawal from this Agreement, all uncommitted pooled RCW 82.14.540 tax receipt moneys in the SKHHP Housing Capital Fund will be distributed to the Parties in case of termination of the Agreement, or individually to any Party withdrawing from the Agreement, by remitting the total uncommitted amounts remaining in the Party's Individual Account to that Party, unless otherwise authorized by the legislative authority of that Party. 11. Additional municipalities. This Agreement may be expanded to include additional SKHHP municipalities through the execution of a companion agreement that is consistent with this Agreement and the SKHHP Interlocal Agreement, and upon an affirmative vote of a two- thirds majority of the membership of the SKHHP Executive Board. 12. Amendments. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of at least two-thirds of the legislative bodies of all Parties to SKHHP SHB 1406 Interlocal Agreement — February 4, 2021 Page 4 of 6 this Agreement, evidenced by authorized signatures of those Parties as of the effective date of this Agreement, however, any amendment to this Agreement affecting the terms and conditions of membership, provisions regarding duration, termination or withdrawal, or the conditions of this Section will require consent of the legislative authorities of all Parties. This Section shall not be construed to require amendment of this Agreement for the addition of a new Party contemplated under Section 11. 13. Effective date. This Agreement will become effective March 1, 2021, subject to its approval by the legislative bodies of all participating jurisdictions, and pursuant to RCW 39.34.040. Although this Agreement may be approved and signed by a Party after the Agreement's effective date, all acts consistent with the authority of this Agreement that occur on or after March 1, 2021, are hereby ratified and affirmed, and the other terms of this Agreement will be deemed to have applied. 14. Agreement Duration. This agreement will be in full force and effect until it is terminated in accordance with the terms and conditions of this agreement. (Signature Page Follows) SKHHP SHB 1406 Interlocal Agreement — February 4, 2021 Page 5 of 6 Approved and executed this day of , 2021. Name of Party: (fill in jurisdiction] (fill in appropriate signatory] Approved as to form: (fill in City Attorney information] SKHHP SHB 1406 Interlocal Agreement — February 4, 2021 Page 6 of 6 RESOLUTION NO. 20-797 A RESOLUTION of the City of Federal Way, Washington, authorizing the Mayor to transfer funds collected under the provisions of RCW 82.14.540 and City of Federal Way Ordinance 19-879 to the South King Housing and Homelessness Partners. WHEREAS, the 2019 State Legislature approved, and the Governor signed, the Laws of 2019, Chapter 338 (Substitute House Bill 1406), which allows cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives; and WHEREAS, on November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorized a recapture of Washington State sales tax that is estimated to generate approximately $125,000 per year for the next 20 years; and WHEREAS, on February 19, 2019, the Federal Way City Council authorized the Mayor to enter into an Interlocal Agreement with eight other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, the executed Interlocal Agreement states that "the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King county is through cooperative action and pooling public and private resources"; and WHEREAS, all ten j urisdictions of SKHHP have taken action to enact the sales tax recapture provisions established in RCW 82.14.540; and WHEREAS, on November 22, 2019 the SKHHP Executive Board took unanimous action to adopt SKHHP Resolution 2019-06, attached as Exhibit A, which urges each of the member cities and King County to pool 100% of the funds collected under the provisions of HB 1406 (RCW 82.14.540); and Resolution No. 20-797 Page 1 of 5 WHEREAS, if all nine cities pool the maximum extent of collected funds under RCW 82.14.540 to SKHHP, the estimated revenue would total approximately $1,000,000 per year for a 20- year period; and WHEREAS, funds may be used for the purpose of acquiring, rehabilitating, or constructing affordable housing; funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, cities that have a population of less than 100,000 may also use the hinds for providing rental assistance to tenants, however, using the funds in this manner will require substantial administrative oversight with respect to preparing a program that requires city staff to review personal income information of individuals who request access to funds and the accounting and auditing the use of the funds; and WHEREAS, the City of Federal Way is projected to exceed a population of 100,000 within the 20-year window set forth in RCW 82.14.540, which will prohibit Federal Way from using funds for the purpose of providing rental assistance; and WHEREAS, counties and cities that enact the provisions RCW 82.14.540 may issue general obligation or revenue bonds, and may use moneys collected for the repayment of bonds; and WHEREAS, on February 18, 2020, the Federal Way City Council adopted Resolution 20-780 that directed the transfer of funds collected pursuant to RCW 82.14.540 to SKHHP if all other member cities take similar action to direct a portion of their collected funds to SKHHP; and WHEREAS, in response to the coronavirus pandemic, some SKHHP member cities have directed funds to rental assistance, which prevents the City of Federal Way from directing its funds received pursuant to RCW 82.14.540 to SKHHP due to the restriction of Resolution 20-780; and Resolution No. 20-797 Page 2 of 5 WHEREAS, it remains the City of Federal Way's desire to appropriate and expend the funds allocated to the City under RCW 82.14.540 to SKHHP for use on capital projects that address housing affordability. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings. The administrative costs associated with managing a program that provides rental assistance to tenants combined with the annual reporting requirements established in Laws of 2019, Chapter 338 are likely to exceed Federal Way's estimated revenue collection. While $125,000 is a valuable revenue stream that can be used in Federal Way to support various affordable housing initiatives, a contribution to SKHHP will allow the use of funds to stretch much further and to make a far more profound and meaningful impact to addressing the affordable housing challenges faced in South King County. Section 2. As long as the City of Federal Way remains a member of SKHHP, the Mayor is authorized to take administrative actions necessary to direct funds collected under RCW 82.14.540 and City of Federal Way Ordinance 19-879 to SKHHP. Section 3. This authorization is contingent upon two or more SKHHP cities taking similar actions directing funds collected under RCW 82.14.540 to SKHHP and entering into an interlocal agreement, consistent with the Interhocal Cooperation Act, to pool tax receipts received to the SKHHP Housing Capital Fund. Section 4. Severabil.itY. 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 Resolution No. 20-797 Page 3 of 5 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section i. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 20th day of October, 2020. [signatures to follow] Resolution No. 20-797 Page 4 of 5 CITY OF FEDERAL WAY: f Jin , RRE. ,L, MAYOR ATTEST: Sf2MANIE COURTNEY, M :, CITY CLERK APPROVED AS TO FORM: v - c Q Q J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 10/14/2020 PASSED BY THE CITY COUNCIL: 10/20/2020 RESOLUTION NO.: .20-797 Resolution No. 20-797 Page 5 of 5 COUNCIL MEETING DATE: March 16, 2021 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GREENWAY PAVEMENT MARKINGS PHASE 2 (2021) PROJECT 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should City Council authorize staff to complete design and bid the Greenway Pavement Markings Phase 2 (2021) Project and return to the LUTC and Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 1, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated March 1, 2021. Options Considered: 1. Authorize staff to complete the design and bid the Greenway Pavement Markings Phase 2 (2021) Project and return to the LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the March 16, 2021 Council Consent Agenda for appEUal. MAYOR APPROVAL: DIRECTOR APPROVAL: `" `" LEE- ummi a CO- Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the March 16, 2021 consent agenda for approval. `aeo,n}e.fev,cG ✓ice }-,_-\,ec.vyj�.0V—Vvic� ✓ee-N-- V-i1 0-0vv%T-elrP"Ce- Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to complete the design and bid the Greenway Pavement Marking Phase 2 (2021) Project and return to the LUTC and Council for bid award, further report, and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFIC9) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # © DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION 9 CITY OF FEDERAL WAY MEMORANDUM DATE: March 1, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Jeff Huynh, Capital Engineer SUBJECT: Greenway Pavement Markings Phase 2 (2021) Project 85% Design Status Report and Authorization to Bid Financial Impacts: The cost to the City for Greenway Pavement Markings Phase 2 (2021) Project was included within the approved budget under the Public Works Department, Capital Projects 306 Fund, Project #220. In accordance with the approved budget, this item is funded by motor vehicle 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 provides to install pavement markings at various locations within the City of Federal Way. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: • Preliminary Contract Specifications ■ Project Design to 85% Ongoing tasks include: ■ Project Design to 100% • Final Contract Specifications to 100% Proiect Estimated EXDenditures Construction Cost $ 182,000 5% Construction Contingency $ 9,100 Design,(by City Staff) $ 41,550 Construction Management (by City Staff $ 45,000 Estimated Total Project Costs $ 277,650 Project Available Funding MVET Total Available Budget $ 277,650 $ 277,650 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 March 2021. Rev. 6/2020 March 1, 2021 Land Use and Transportation Committee 2021 Greenway Pavement Marking Phase 2 Page 2 Construction is anticipated to start in Spring 2021 with an estimated substantial completion date in Fall 2021. COUNCIL MEETING DATE: March 16, 2021 ITEM #:_ 5 g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NPDES ANNUAL REPORT AND STORMWATER MANAGEMENT PROGRAM (SWMP) PLAN UPDATE POLICY QUESTION: Should Council approve the 2021 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Department of Ecology by March 31, 2021 to satisfy the City's NPDES Permit obligations. COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 1, 2021 CATEGORY: ® Consent 0 Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Program Coordinator DEPT_ Public Works Attachments: Staff Report 2021 Annual Report and Stormwater Management Program (SWMP) Plan Update Options Considered: 1. Approve the 2021 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Department of Ecology by March 31, 2021 to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2021 Annual Report and SWMP Plan documents and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 16, 2021 City Council consent agenda for approval. icy-4ra\e-L0A eCe✓lc-C ✓iC— je-�-- r 0^ X-r-2Nae Vic. - Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to approve the 2021 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Department of Ecology by March 31, 2021 to satisfy the City's NPDES Permit obligations. " —(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 1, 2021 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Leah Myhre, Water Quality Program Coordinator SUBJECT: NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update FINANCIAL IMPACTS: Submittal of the National Pollutant Discharge Elimination System (NPDES) Annual Report and Stormwater Management Program (SWMP) Plan update is required by the City's NPDES Western Washington Phase II Municipal Stormwater Permit and will have no direct financial impacts. BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the United States, pursuant to the Clean Water Act. The EPA may grant permitting authority to states, and in Washington that regulatory authority resides with the Washington State Department of Ecology (Ecology). The current NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) was issued by Ecology on July 1, 2019 and went into effect on August 1, 2019. The Permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) Plan that addresses and directs the following nine Permit components: 1) Stormwater Planning 2) Public Education and Outreach 3) Public Involvement and Participation 4) MS4 Mapping and Documentation 5) Illicit Discharge Detection and Elimination 6) Controlling Runoff from New Development, Redevelopment, and Construction Sites 7) Operations and Maintenance 8) Source Control Program for Existing Development 9) Monitoring In addition to the SWMP Plan, Permit Section S9 "Reporting Requirements" also requires the City to submit an Annual Report intended to update Ecology on the status of the City's compliance with Permit requirements. Annual Reports must be submitted to Ecology on or before March 31 st of each year. In an effort to determine the best methods for meeting Permit requirements, City staff engages with Ecology and several regional forums on a consistent basis. City staff prepared the following documents (attached) to meet the 2021 Annual Report and SWMP Plan update requirements specified in the Permit: 2021 Annual Report Stormwater Management Program (SWMP) Plan Update 2021 NPDES Annual Report _City of Federal Way 2021 Annual Report Questions for the Western Washington Phase II Municipal Stormwater Permit The NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) requires all Permittees to submit annual reports describing the progress of their Permit implementation activities. Annual reports cover the previous calendar year's activities, unless otherwise specified, and must be signed by the responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 94 questions and requires the preparation of several supporting documents. The Annual Report must be submitted online through Ecology's WQWebPortal service. Number Permit Y or N Question Section Reporting Requirements and Stormwater Management Program (SWMP) Attach a copy of any annexations, 1 S9.D.6 Attachment 1 incorporations, or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage. Attach updated annual Stormwater 2 S5.A.2 Attachment 2 Management Program Plan (SWMP Plan). Implemented an ongoing program to gather, track, and maintain information per S5.A.3, 3 S5.A.3 y including costs or estimated costs of implementing the SWMP. Coordinated among departments within the 4 S5.A.5.b Y jurisdiction to eliminate barriers to permit compliance. Attach a written description of internal 4a S5.A.5.b Attachment 3 coordination mechanisms. (Required by March 31, 2021) Stormwater Planning Have you convened an interdisciplinary team to inform and assist in the development, progress, 5 S5.C.1.a Y and influence of the stormwater planning program? (Required by August 1, 2020) *Questions 6 —14 are required by March 31, 2021 & January 1, 2023. City Comprehensive Plans, List the relevant land use planning efforts that Capital Improvement Project have taken place in your jurisdiction during the Plans, City Center Action S5.C.1.b.i previous Permit Cycle, 2013-2019 (land use 6 (a) and (b) Plans, Transportation plans that are used to accommodate growth, Improvement Program, stormwater management, or transportation). Shoreline Management Program Updates Page 1 of 13 2021 NPDES Annual Report City of Federal Way 7 S5.C.1. b. i (a) and (b) 8 S5.C.1.b.i (a) and (b) 9 S5.C.1.b.i (a) and (b) 9a S5.C.1.b.i (a) and (b) Cold Creek Culvert Replacements and Channel Stabilization, S 356th Street Culvert Replacement, CCTV Inspection and Assessment Program, Pipe Rehabilitation — Phase 3/2020. Recently completed projects include: Complete Street Project, Pipe Rehabilitation — Phase 2/2019, Brook Lake Center Connector, Pacific Highway S. HOV Lanes — Phase V, Downtown Staircase Project, Military Road S and S 298th St. Compact Roundabout, 2019 _Pavement Overlay Program. Encouragement towards utilizing LID; areas within shoreline jurisdiction shall include water pollution control measures and BMPs for stormwater management. No N/A S5.C.1.b.i 10 (a) and (b) Yes 10a S5.C.1.b.i (a) and (b) FWRC 15.05.080 (3)(g) Collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adiacent orooerties. List of stormwater capital projects (currently in or slated for future design and construction) that resulted from this planning. Describe the watershed protection measures associated with stormwater management and land use planning actions that resulted from this planning. Were land acquisitions identified (or are planned ahead for) that are useful for stormwater facilities to accommodate growth or to better serve an existing developed area? If yes, for what purpose? Identified corrective actions, in addition to the min. requirements of the Municipal Stormwater Permits to control or treat municipal stormwater discharges that pollute waters of the State (e.g. limits to impervious cover added to any zoning districts, regional facility planning, minimization of vegetation loss, etc.)? If yes, briefly describe and list relevant plan or code sections, if applicable. Page 2 of 13 2021 NPDES Ann 11 S5.C.1. b. i Yes (a) and (b) City code encourages investment in LID for new transportation and parking S5.C.1.b.i facilities to minimize 11a (a) and (b) stormwater runoff for subdivisions, multifamily residential, and commercial properties. 12 S5. C.1. b. i No (a) and (b) I 12a S5. C.1. b. i i— No (a) and (b) 12b S5.C.1.b.i Yes (a) and (b) 12c S5.C.1. b. i No (a) and (b) No; however, the City recognizes stormwater runoff S5.C.1.b.i as a major pollutant to the 13 (a) and (b) City's waterways and its negative impact on the watershed as a whole. 14 S5.C.1.b.i N/A (b) 16 S5.C.1.c.i (a) 0 N of Federal Updates to goals and policies related to investment in stormwater management facilities/BMPs? (yes/no) If yes, briefly describe. Does the long-range plan identify location and existing capacity of the stormwater facilities owned or operated by the Permittee and show which of those stormwater facilities have unused capacity? Do these stormwater facility locations impact where housing, or other types of development, are projected to be located or influence the acquisition of land? (If yes, how?) Does the long-range plan identify a lack of facilities and the potential impacts of existing or new development to those areas and receiving waters? Any new proposed locations and capacities of stormwater facilities needed for the timeframe of the plan? Based on the projected population densities and distribution of growth over the planning period, describe how stormwater runoff impacts are forecasted. Does stormwater management information (including water quality) direct where growth is directed? Did you submit a report as describe in S5.C.1.b.i(b)? (Due January 1, 2023) Continue to design and implement local development -related codes, rules, standards, or other enforceable documents to minimize impervious surfaces, native vegetation loss, and stormwater runoff, where feasible? (Required annually) From the assessment described in S5.C.1.c.i(a), did you identify any administrative or regulatory barriers to implementation of LID Principles or LID BMPs? (Required annually) Page 3 of 13 2021 NPDES Annual Report City of Federal Way 16a S5.C.1.6 N/A If yes, describe the barrier(s) and the measures (a) Itaken to address them. *Questions 17 —19a are required by March 31, 2022, June 30, 2022 & March 31, 2023, as noted. Developed a watershed inventory? (To be 17 S5.C.1.d.i N/A submitted by March 31, 2022) Attach watershed inventory. 17a S5.C.1.d.i N/A S5.C.1.d.ii Developed a receiving water prioritization 18 N/A method and process? (Required by June 30, (a) - (c) 2022) S5.C.1.d.ii Attach receiving water priority ranking process. 18a (a)-(c) N/A Developed a Stormwater Management Action 19 19a S5.C.1.d.iii N/A N/A Plan (SMAP) for at least one high priority area? (Required by March 31, 2023) S5.C.1.d.iii Attach SMAP(s). Education and Outreach Did you choose to adopt one or more elements 20 S5.C.2 Y of a regional program? City of Federal Way Surface If yes, list the elements, and the regional Water Management (SWM) program. staff co -branded education and outreach materials, Facebook posts, and e- newsletter content with the 20a S5.C.2 regional Puget Sound Starts Here campaign. SWM also adopted the regional Spill Kit Outreach program by providing outreach to businesses in Federal Way_. Attach a description of general awareness 21 S5.C.2.a.i Attachment 4 efforts conducted, including your target _ audiences and subject areas, per S5.C.1.a.i. Conducted an evaluation of the effectiveness of S5.C.2.a.ii the ongoing behavior change program and 22 (b) Y documented recommendations as outlined in S5.C.2.a.ii(b). (Required by July 1, 2020) 22a S5.C.2.a.ii N/A If not, explain. (b) Developed a behavior change campaign that is 23 S5.(c. j.a.ii Y tailored to the community in accordance with 55.C.2.a.ii(c)? (Required by February 1, 2021) Page 4 of 13 2021 NPDES Annual Report City of Federal Way S5.C.2.a.ii Attach the strategy and schedule. 23a (c) � Attachment 5 S5.C.2.a.ii Began implementing the strategy outlined in 24 (d) Y S5.C.2.a.ii(c). (Required by April 1, 2021) Attach the report developed in accordance with S5.C.2.a.ii(e), which evaluated the changes in understanding and adoption of targeted 25 S5.C.2.a.ii N/A behaviors resulting from the implementation of (e) the strategy and any planned or recommended changes to the program in order to be more effective. (Required by March 31, 2024) Promoted stewardship activities (or partnered 26 S5.C.2.a.iii Y with others) to encourage resident participation. Attach a list of stewardship opportunities 26a S5.C.2.a.iii Attachment 6 promoted. 0A Public Involvement and Participation Opportunities for public participation and comment involving the Stormwater Management Program (SWMP) were available at the Land Use and Transportation Committee and City Council meetings when the SWMP and Annual Report are reviewed. Public comment was also encouraged via the City's website, e-newsletter, and Facebook, and the public input meeting about the S5.C.3.a SWMP was also advertised on these platforms. The City reached out to overburdened communities by translating all outreach materials into Spanish (the second most spoken language in Federal Way) and advertising through Spanish language news media. Interpreters were also made available upon request for the public input meeting in 2020. *Public involvement for the SMAP will occur in 2022 as it is being developed by the City. Describe the opportunities created for the public, including overburdened communities, to participate in the decision -making processes involving the development, implementation, and updates of the Permittee's SWMP and the SMAP. Page 5 of 13 2021 NPDES Annual Report City of Federal Way 28 1 S5.C.3.b 19 28b j S5.C.3.b https://www.cityoffederalway ]]]] com/surfacewater 29 I S5.C.3.a. i - vii 30 1 S5.C.4.b.i 30a I S5.C.4.b.i 31 32 33 Posted the updated SWMP Plan and latest annual report on your website no later than May 31 of each year? List the website address. MS4 Mapping and Documentation Maintained a map of the MS4 including the y requirements listed in S5.C.4.a.i.-vii? Started mapping outfall size and material in y accordance with S5.C.4.b.i? (Required to start by January 1, 2020) Attach a spreadsheet that lists the known Attachment 7 outfalls' size and material(s). (March 31, 2021) Completed mapping connections to private S5.C.4.b.ii N/A storm sewers in accordance with S5.C.4.b.ii? (Required by August 1, 2023) Developed an electronic format for mapping, S5.C.4.c with fully described mapping standards in N/A accordance with S5.C.4.c? (Required by August 1, 2021) Illicit Discharges Detection and Elimination SWM utilizes its Public Informed public employees, businesses, and the Education and Outreach general public of hazards associated with illicit Program to inform staff, discharges and improper disposal of waste. residents, and businesses Describe actions in Comments field. about hazards associated with illicit discharges. Examples of S5.C.5.b outreach methods used include: e-newsletters, staff training, public workshops, a spill kit program for multicultural businesses, annual business inspections, mailings, and participation in reeional campaiens. 34 S5.C.5.c 35 S5.C.5.d.i y y Implemented an ordinance or other regulatory mechanism to effectively prohibit non- stormwater, illicit discharges. Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i. Page 6 of 13 2021 NPDES Annual Report City of Federal Way The City utilizes the Federal Cite field screening methodology. Way Illicit Discharge Detection and Elimination Field Procedures and Response Plan, which references the following two guidance documents: Illicit Discharge 35a S5.C.5.d.i Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection; and, the Illicit Connection and Illicit Discharge Field Screening and Source Tracing Guidance Manual, King_ County, Herrera. Percentage of MS4 coverage area screened in 36 S5.C.5.d.i 43% reporting year per S5.C.5.d.i. (Required to screen 12% on average each year.) The percent of MS4 screened Cite field screening techniques used to was calculated by dividing the determine percent of MS4 screened. 36a S5.C.5.d.i number of catch basins inspected by the total number . of catch basins. Percentage of total MS4 screened from permit 37 S5.C.5.d.i 100% issuance through the end of the reporting year. The spill reporting hotline is Describe how you publicized a hotline telephone publicized on the City's number for public reporting of spills and other website and through the illicit discharges in the Comments field. monthly e-newsletter. On 38 S5.C.5.d.ii December 15, 2020 the City also rolled out an app called SeeClickFix that allows the public to report issues in the City right from their phones. Implemented an ongoing illicit discharge training 39 S5.C.5.d.iii Y program for all municipal field staff. Implemented an ongoing program to 40 S5.C.5.e Y characterize, trace, and eliminate illicit I discharges into the MS4 per S5.C.5.e. Municipal illicit discharge detection staff trained 41 S5.C.5.f Y to conduct illicit discharge detection and elimination activities as described in S5.C.5.f. Page 7 of 13 2021 NPDFS Annual Report City of Federal Way Attach a report with data describing the actions taken to characterize, trace, and eliminate each illicit discharge reported to, or investigated by, 42 S5.C.3.d.iv Attachment 8 the Permittee as described in S5.C.5.g. The submittal must include all of the applicable information and must follow the instructions, timelines, and format described in Appendix 12. Controlling Runoff from New Development, Redevelopment, and Construction Sites Implemented an ordinance or other enforceable S5.C.6.b. mechanism to effectively address runoff from 43 i-iii Y new development, redevelopment, and construction sites. Revised ordinance or other enforceable mechanism to effectively address runoff from 44 55.N/A new development, redevelopment, and i-iii i-iii construction sites per the requirements of S5.C.6.b.i-iii. (Required by June 30, 2022.) Cite code reference. FWRC 16.20.010 codifies the 44a S5.C.6.b. King County Surface Water Design Manual Number of adjustments granted to the minimum 45 S5.C.6.b.i 0 requirements in Appendix 1. Number of exceptions/variances granted to the 46 S5.C.6.b.i 0 minimum requirements in Appendix 1. Reviewed Stormwater Site Plans for all proposed 47 S5.C.6.c.i Y development activities that meet the thresholds adopted pursuant to S5.C.6.b.i. Number of site plans reviewed during the 47a 55.C.6.c.i 113 reporting period. Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined 48 S5.C.6.c.ii Y through plan review based on definitions and requirements in Appendix 7 — Determining Construction Site Sediment Damage Potential? If no, inspected prior to clearing and 48a S5.C.6.c.ii N/A construction, all construction sites meeting the minimum thresholds? Inspected permitted development sites during construction to verify proper installation and 49 S5.C.6.c.iii Y maintenance of required erosion and sediment controls per S5.C.6.c.iii. Page 8 of 13 2021 NPIJES Annual Report City of Federal Way Number of construction sites inspected per 49a S5.C.6.c.iii 532 S5.C.6.c.iii. Inspected stormwater treatment and flow control BMPs/facilities and catch basins in new 49b S5.C.6.c.iv Y residential developments every 6 months per S5.C.6.c.iv? Inspected all permitted development sites upon completion of construction and prior to final 50 S5.C.6.c.v y approval or occupancy to ensure proper installation of permanent stormwater facilities. Verified a maintenance plan is completed and responsibility for maintenance is assigned for 51 S5.C.6.c.v Y projects prior to final approval and occupancy being granted. Number of enforcement actions taken during S5.C.6.c. the reporting period (based on construction 52 viii 3 phase inspections at new development and redevelopment projects per S5.C.6.c.ii-iv). Achieved at least 80% of scheduled 53 S5.C.6.c.vi y construction -related inspections. Made Ecology's Construction Stormwater General Permit Notice of Intent and the 54 S5.C.6.d Y Industrial Storm water General Permit Notice of Intent available to representatives of proposed new development and redevelopment? All staff whose_ primary job duties are implementing the program to control stormwater runoff from new development, 55 S5.C.6.e Y redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement, are trained to conduct these activities? Operations and Maintenance Implemented maintenance standards that are as protective, or more protective, of facility function than those specified in the Stormwater 56 S5.C.7.a Y Management Manual for Western Washington or a Phase I program approved by Ecology per S5.C.7.a? Updated maintenance standards specified in the 57 S5.C.7.a N/A Stormwater Management Manual for Western Washington per S5.C.7.a? (Required by June 30, 2022) Page 9 of 13 2021 NPDES Annual Report City of Federal Way 58 1 S5.C.7.a 59 1 S5.C.5.a.ii 59a I S5.C.7.a.ii 60 I S5.C.7.b.i (a) 61 S5.C.7.b.i (b) 61a S5.C.7.b.i (b) 62 1 S5.C.7.b.ii 63 1 S5.C.7.c.i 63a I S5.C.7.c.i 63b S5.C.7.c.i 63c S5.C.7.c.i 64 S5.C.7.c.i 65 1 S5.C.7.c.ii 66 1 S5.C.7.c.iii Applied a maintenance standard for a facility or facilities which do not have maintenance standards specified in the Stormwater Y; Modular Wetlands Management Manual for Western Washington? If so, note in the Comments field what kinds of facilities are covered by this alternative standard. Verified that maintenance was performed per N the schedule in S5.C.7.a.ii, when an inspection identified an exceedance of the maintenance standard. Attach documentation of maintenance time Attachment 9 frame exceedances that were beyond the Permittee's control. Implemented an ordinance, or other enforceable mechanisms, to verify long-term Y operation and maintenance of stormwater treatment and flow control BMPs/facilities regulated by the Permittee? Annually inspected stormwater treatment and Y flow control BMPs/facilities regulated by the Permittee? If using reduced inspection frequency for the N/A first time during this permit cycle, attach documentation. Achieved at least 80% of scheduled inspections Y to verify adequate long-term O&M. Annually inspected all municipally owned or Y operated stormwater treatment and flow control BMPs/facilities? Number of known stormwater treatment and 522 flow control BMPs/facilities owned or operated by the Permittee. Number of facilities inspected during the 418 reporting period. 351 Number of facilities for which maintenance was performed during the reporting period. If using reduced inspection frequency for the N/A first time during this permit cycle, attach documentation. Conducted spot checks and inspections, if Y necessary, of potentially damaged stormwater facilities after major storms. Inspected catch basins owned or operated by Y the Permittee every two years or used an alternative approach? Page 10 of 13 2021 NPDE5 Annual Report City of Federal Way Number of known catch basins? 66a S5.C.7.c.iii 12,762 Number of catch basins inspected during the 66b S5.C.7.c.iii 5,448 reporting period? Number of catch basins cleaned during the 66c S5.C.7.c.iii 1,519 reporting period? Attach documentation of alternative catch basin 67 S5.C.7.c.iii N/A cleaning approach, if used. (S5.C.5.d.i or ii) Implemented practices, policies, and procedures to reduce stormwater impacts associated with 68 S5.C.7.d Y runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. Documented practices, policies, and procedures to reduce stormwater impacts associated with 69 runoff from all lands owned or maintained by S5.C.7.d N/A the Permittee, and road maintenance activities under the functional control of the Permittee. (Required by December 31, 2022) S5.C.7.d N/A Cite documentation in Comments field. 69a Implemented an ongoing training program for Permittee employees whose primary 70 S5.C.7.e Y construction, operations, or maintenance job functions may impact stormwater quality. Implemented a Stormwater Pollution Prevention Plan (SWPPP) for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the 71 S5.C.7.f Y Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. Updated, if needed, SWPPPs according to 72 S5.C.7.f Y S5.C.7.f no later than December 31, 2022. Source Control Program for Existing Development *Questions 73-74a are required by August 1, 2022 73 1 S5.C.8.b.i I N/A 74 I S5.C.8.b.ii N/A Adopted ordinance(s), or other enforceable documents, requiring the application of source control BMPs for pollutant generating sources associated with existing land uses and activities per S5.C.8.b.i. Cite ordinance in Comments field. Established an inventory of sites for source control inspections per S5.C.8.b.ii. Page 11 of 13 2021 NPDES Annual Report Citv of Federal Wa 74a S5.C.8.b.ii N/A *Questions 75 — 79 are required by January 1, 2023 75 1 S5.C.8.b.iii I N/A 76 S5.C.8.b.iv 77 S5.C.8.b. iii-iv 78 S5.C.8.b.iii 79 1 S5.C.8.b.v N/A N/A Number of total sites identified for the inventory. Implemented an inspection program per S5.C.8.b.iii. Implemented a progressive enforcement policy per S5.C.8.b.iv. Attach a summary of actions taken to implement the source control program per S5.C.8.b.iii and S5.C.8.b.iv. Attach a list of inspections, per S5.C.8.b.iii, organized by business category, noting the number of times each business was inspected and if enforcement actions were taken. Implemented an ongoing source control training N/A program per S5.C.8.b.v? Compliance with Total Maximum Daily Load Requirements Complied with the Total Maximum Daily Load 80 S7.A N/A (TMDL)-specific requirements identified in Appendix 2. 80a S7.A N/A List any requirements that were not met. For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 81 S7.A N/A activities to address the applicable TMDL parameter(s). Monitoring and Assessment Submitted payment for cost -sharing for Stormwater Action Monitoring (SAM) status and 82 S8.A.1 Y trends monitoring no later than December 1, 2019; and no later than August 15 of each subsequent year. Notified Ecology by December 1, 2019, which 83 S8.A.2 Y option you selected: S8.A.2.a or S8.A.2.b. Submitted payment for cost -sharing for SAM effectiveness and source identification studies 84 S8.13.1 Y no later than December 1, 2019; and no later than August 15 of each subsequent year. Notified Ecology by December 1, 2019, which 85 S8.B.2 Y option you selected: S8.B.2.a or S8.13.2.b. Page 12 of 13 2021 NPDES Annual Report City of Federal Way 86 S8.C.1.b 87 S8.C.1 N/A N/A If conducting stormwater discharge monitoring in accordance with S8.C.1, submitted a QAPP to Ecology no later than February 1, 2020? If conducting stormwater discharge monitoring in accordance with S8.C.1, attach a data and analysis report per S8.C.1 and Appendix 9. (Due annually beginning March 31, 2021) General Conditions and Compliance with Standards Notified Ecology in accordance with G3 of any discharge into or from the Permittee's MS4 88 G3 y which could constitute a threat to human health, welfare, or the environment. 89 G3.A 90 S4.F.1 91 S4.F.3.a 92 S4.F.3.d 93 94 G20 y y N/A N/A 17 1; exceedance oftimeframe G20 for maintenance of catch basins (S5.C.7.a.ii — See Attachment 9) Took appropriate action to correct or minimize the threat to human health, welfare, and/or the environment, per G3.A. Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. If requested, submitted an Adaptive Management Resp59aonse report in accordance with S4.F.3.a. Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. Notified Ecology of the failure to comply with permit terms and conditions within 30 days of becoming aware of the non-compliance. Number of non-compliance notifications (G20) provided in reporting year. List permit conditions described in non-compliance notifications) in the Comments field. Page 13 of 13 2021 NPDES Annual Report - Attachment 2 City of Federal Way Attachment 2 - Stormwater Management Program Plan Update Introduction The National Pollutant Discharge Elimination System (NPDES) Permit Program is a requirement of the Federal Clean Water Act intended to protect and restore waters for "fishable and swimmable" uses. The Federal Environmental Protection Agency delegated permitting authority to state environmental agencies. In Washington, the NPDES-delegated authority is the Washington State Department of Ecology (Ecology). Since the City of Federal Way (City) operates a small municipal separate storm sewer system (MS4) that serves less than 100,000 people, it is designated as a "Phase II" community and must comply with Ecology's NPDES Western Washington Phase II Municipal Stormwater Permit (Permit). The first Permit was issued to the City in 2007, and the current, updated Permit was issued in July 2019 and became effective as of August 1, 2019. The Permit allows municipalities to discharge stormwater runoff from the MS4 into the State's water bodies (e.g., streams, rivers, lakes, wetlands, Puget Sound, etc.) as long as municipalities implement measures to protect water quality to the "maximum extent practicable" through the application of best management practices (BMPs). These required practices, specified in the Permit, are outlined in and implemented through the City's Stormwater Management Program Plan (SWMP). Permit Section 55.A.2 requires that the City detail "activities for the upcoming calendar year" in order to meet Permit requirements. These activities are documented within the SWMP and organized according to the following program components as outlined in the Permit: • Stormwater Planning (S5.C.1) • Public Education and Outreach (S5.C.2) • Public Involvement and Participation (S5.C.3) MS4 Mapping and Documentation (S5.C.4) • Illicit Discharge Detection and Elimination (S5.C.5) Controlling Runoff from New Development, Redevelopment, and Construction Sites (S5.C.6) • Operations and Maintenance (S5.C.7) • Source Control Program for Existing Development (S5.C.8) Monitoring and Assessment (S8) The goal of the SWMP is to apply all known and reasonable technologies (AKART) to reduce the discharge of pollutants into area receiving waters, protect surface waters from water quality degradation, and conserve aquatic ecosystems. NOTE: In 2020, many Permit -required activities were affected by the covid-19 global pandemic and stay at home/social distancing policies that occurred as a result of the crisis. Notes are made throughout this Plan Update to identify which programs were affected or suspended due to covid-19. The majority of programs were deemed essential under covid-19 policies and were thus unaffected, such as infrastructure inspections and maintenance, development services, and IDDE and source control inspections. Page 1 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way Stormwater Planning The Surface Water Management (SWM) Division began preparing for the new Stormwater Planning Program Permit requirements by including the applicable milestones and deadlines in the SWM Comprehensive Plan update, completed by Herrera Environmental Consultants (Herrera) in 2019. SWM looks forward to expanding its stormwater planning efforts to better address high priority sub - basins in Federal Way and develop actionable steps for improving watershed health in the community. S5.C.1.a: Convene an Inter -disciplinary Team for the Stormwater Planning Program Development of an inter -disciplinary team was required as part of the Low Impact Development (LID) code review and revision process for the 2013-2019 Permit. This inter -disciplinary team also provided feedback during the Surface Water Management (SWM) Comprehensive Plan kickoff meeting in 2018. In 2020, SWM staff reviewed the inter -disciplinary team membership and convened the first team meeting to discuss Stormwater Planning Program efforts. S5.C.1.b: Coordinate with Long -Range Plan Updates to Address Water Quality In 2020, SWM staff began an analysis of coordination with long-range planning efforts during the 2013-2019 permit cycle. This analysis will be completed in 2021 by the March 31 deadline. S5.C.I.c: Continue Requiring LID Principles and BMPs When Updating City Codes & Standards Per the 2013-2019 Permit requirement, the following documents and code were reviewed for the initial LID code review in 2016: • Federal Way Revised Code (FWRC) • King County Stormwater Design Manual (KCSWDM) • Federal Way Addendum to KCSWDM • Table 1 Development Standards (2015 Development Standards Manual) • King County Stormwater Pollution Prevention Manual • LID Manual Puget Sound The City's Development Services Division continues to review and revise Development Standards in accordance with LID principles, and in 2020 worked to revise the standards for municipal roadway cross - sections to align with LID standards. SWM will continue to work with Development Services in 2021 to update, as needed, stormwater infrastructure design and BMP standards. S5.C.1.d.i: Document and Assess Receiving Waters and Create a Watershed Inventory In 2019, Herrera prepared a Basin Characterization Technical Memorandum as part of the SWM Comprehensive Plan update. This Memorandum will be reviewed and revised as needed in 2021 to meet the watershed inventory reporting requirement due in early 2022. Page 2 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way SS.C.I.d.ii: Develop and Implement a Receiving Water Prioritization Method and Process In 2019, Herrera also began preparing a Receiving Water Prioritization Method and Process as part of the SWM Comprehensive Plan update. Concurrent with the Basin Characterization Technical Memorandum (to be finalized in late 2021), this framework will be updated as needed to meet Permit requirements, and will be submitted prior to the June 2022 deadline. S5.C.1.d.iii: Develop a Stormwater Management Action Plan (SMAP) for at Least One High Priority Catchment Area Upon completion of the Basin Characterization Technical Memorandum and Receiving Water Prioritization Framework, the City will identify one high priority catchment area for which a Stormwater Management Action Plan (SMAP) will be developed in 2022, and submitted by the March 2023 deadline. Page 3 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way Public Education and Outreach T The Surface Water Management Division (SWM) provides f ongoing public education and outreach designed to reduce and eliminate behaviors and practices that cause or contribute to _ p adverse stormwater impacts. SWM staff utilizes a variety of -� approaches to inform targeted audiences about stormwater issues and provides specific actions people can follow to - minimize stormwater pollution. SS.C.2.a.i-ii: Implement an Education and Outreach Program to Build General Awareness and Affect Behavior Change for the Area Served by the City's MS4 A summary of educational activities that occurred in 2020 and that are scheduled for 2021 is provided as follows: • Continue to make improvements to the Storming the Sound with Salmon (SSS) Program. In 2019, staff worked with Federal Way Public Schools (FWPS) to research the feasibility of developing a meaningful, age -appropriate experience for high school students that could serve as a culminating experience for the SSS program. Due to constraints on staff capacity at FWPS and shifting priorities due to covid-19, this project is on hiatus for the near future. SWM continues to work closely with FWPS and will look for other opportunities to institute a high school level learning experience. Continue to sponsor the salmon release event in the spring for the SSS program and make meaningful changes to the program's implementation. Although tanks were set up, and salmon eggs were distributed to participating schools to enable classroom implementation of their SSS curriculum, the 2019/2020 school year SSS program and release event were cancelled and is cancelled for the 2020/2021 school year. Under online learning and social distancing requirements, there is no one available to maintain the tanks and raise the fry. SWM Staff released the fry in April 2020 to the West Hylebos Creek. Tank cleanings were performed by SWM staff in summer 2020 at each school to ensure tanks and equipment are properly maintained and stored during the program's hiatus. In fall 2021, planning will resume for the 2021-22 school year. In spring 2022, the release event will be a grade -level experience for all 4tn graders, as intended by the new curriculum developed in 2019. This improvement will allow staff to have more control over the educational station content, make it more age appropriate, and better aligned with Next Generation Science Standards. Continue to partner with the Environmental Coalition of South Seattle (ECOSS) to provide stormwater education and free spill kits to businesses in the automotive and restaurant industries. ECOSS provides stormwater inspection support, customized spill plans, and spill response training for managers and employees. In 2020, SWM targeted outreach to businesses with a high potential for generating stormwater pollutants and are prone to spills, such as restaurants and automotive support service businesses. ECOSS also provided training in multiple languages to employees for whom English is a learned language to better implement spill kit awareness. In 2021, SWM staff will Page 4 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way continue utilizing the annual Spill Analysis to inform which businesses to select for future participation in the ECOSS program based on potential for, or known history of, prohibited discharges and/or spill events. • Continue to produce e-newsletters and other publications that address a variety of topics on pollution prevention and general awareness of stormwater related issues. SWM continues to contribute to a shared monthly e-newsletter with the City's Solid Waste Division. This has enabled SWM to reach a wider audience, and to provide more time -sensitive information related to upcoming events and Permit -related issues. Continue to sponsor stormwater and environmental related workshops. In 2020, the City's Green Living Workshop Program went virtual in an effort to engage a wider audience and increase accessibility to the workshops during the covid-19 pandemic. In 2020, there were eleven workshops hosted in collaboration with the Solid Waste & Recycling Division on topics such as trellis gardening, composting, and noxious weeds. The participation in the virtual platform was substantially increased over the in -person workshops. As a result, the City plans to continue holding the Green Living Workshops virtually past the covid-19 pandemic restrictions. • Although suspended in 2020 due to covid-19, the free car wash kit check out program at City Hall will hopefully be resumed in fall 2021. SWM will continue to encourage the use of charity car wash ticket programs and other alternative fundraising options, but kits will still be available if requested. In 2020, SWM staff was able to staff a table at the Mayor's r State of the City address in February 2020. After March, staff was unable to provide general stormwater outreach to residents at Federal Way Farmer's Markets and other%' . free community events such as Kids Day and Shakespeare in the Park at Steel Lake Park. These events will also likely be cancelled until fall 2021 due to covid-19 and social , distancing policies. SWM Staff is working to identify other opportunities for small group outreach in 2021. Although suspended in 2020, SWM staff will continue to provide educational markers for installation near catch basins that drain to the City's MS4 in 2021. The markers inform the public that the storm drains discharge to local waterways. Additionally, in 2021 SWM will continue using volunteers to map where curb markers exist within the City and in what condition they are in. In 2021, SWM will continue promoting the Scoop the Poop message online and at community events, and will continue to look for opportunities to expand the program. �r W&Y Continue to partner with Solid Waste & Recycling Division staff to initiate Social Media Marketing efforts in 2021, which consists of post submissions to the City's Facebook page and a monthly Constant Contact e-newsletter. SWM will use the posts to reach a broader segment of the City's residents, and to advertise events, promote programs, and post related news and events from other sources to increase awareness of stormwater related issues. Page 5 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way • Continue to expand the number of education and outreach materials offered in languages besides English. In 2020, SWM began advertising the SWMP public input meeting in both English and Spanish for the first time, and made interpreters available upon request. In 2021, advertising for the SWMP public comment period will continue in both English and Spanish, and expansion to other primary languages in Federal Way —including Ukrainian, Korean, and Vietnamese —is being explored. In 2020, SWM staff partnered with the City's Arts Commission and the Diversity Commission to initiate Phase I of the Storm Drain ArtWalk Project. The goal of the project is to use public art around storm drains to increase education and awareness about the role of storm drains in our community. SWM Staff also partnered with Parks Department to develop a mapped walking path based on the storm drain art installations to help promote the program and provide a fun outdoor activity. The initial phase of the project involved recruiting local artists to paint stormwater-themed murals on 4-6 storm drains within the "downtown core" of Federal Way. SWM Staff received seven submissions but had to put the program on hold due to concerns with installation and our ability to maintain social distancing requirements for the artists and the public. In 2021, SWM Staff will resume the program and plans for art installation in August 2021. Continue to implement the Paint the Plow program in collaboration with the two Boys & Girls Club Centers in Federal Way. In 2020, the program was implemented for the first time in order to engage young artists in creating stormwater-themed messages and artwork on two City snow plow blades. S5. C.2. a. iii: Provide and Advertise Stewardship Opportunities • In 2019 SWM staff implemented a new Stream Team program. Two volunteer trainings were held during the fall, and volunteers began regular water quality monitoring in October of 2019. Due to covid-19 policies, volunteers discontinued monitoring in 2020 as City Hall was inaccessible to the public and kits were checked out for sample dates and then returned. SWM will resume monitoring during the 2021 wet weather season and are revamping the program for long-term check- out of the kits to Stream Team members who continue to be active in the program. Trainings for new volunteers are slated to be held fall 2021. At present staff are planning for in person training as well as a virtual workshop. Page 6 of 21 2021 NPDES Annual Report - Attachment 2 In 2019 the City partnered with the Lake Observations by Citizen Scientists & Satellites (LOCSS) program, run by the University of Washington, University of North Caroline Chapel Hill and NASA, to install two lake level gauges in Federal Way. The gauges were installed at Steel Lake and North Lake. The goal of the program is to use citizen scientists to better understand how and why lake levels change over time. In 2020 citizen scientists reported lake level data a total of 297 times between the two sites (76 North Lake; 221 Steel Lake), compared with a combined total of 156 in 2019. In 2021 the gauges will remain in place and data will continue to be collected. City of Federal Way Although suspended in 2020 due to covid-19, SWM plans to host volunteer events in late 2021 that encourage public participation in stewardship activities, if possible within safety guidelines. Activities may include storm drain marking, storm drain marker mapping, removing invasive plants species, planting native vegetation, and removing garbage and debris from local waterbodies. Page 7 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way Public Involvement & Participation ®— The City encourages the public and interested parties to participate in the decision -making process involving the development and implementation of NPDES Permit related activities and programs. S5.C.3.a: Create Opportunities for the Public to Participate in the Development, Implementation, and Update of the City's SMAP and SWMP Opportunities for public participation in the development of the SWMP include the following in 2021: • Feb. 1— Mar. 1, 2021: Public comment period on the City's Storm Water Management Program (SWMP) Plan advertised through the City's website and e-newsletters; • March 1, 2021: Land Use and Transportation Committee meeting (virtual); • March 15, 2021: City Council meeting (virtual). The Council reviews the programmatic and policy changes proposed under the SWMP and allows public comment on all agenda items. Opportunities for public participation in the development of the SMAP will be considered and planned by the inter -disciplinary team convened in summer 2020. S5.C.3.b: Post the SWMP Plan and Annual Report on the City's Website The City's Surface Water Management webpage displays the updated SWMP and the Annual Report. Opportunity for public comment and participation is made possible via e-mail year-round. Page 8 of 21 2021 NPDES Annual Report - Attachment 2 MS4 Mapping and Documentation The City of Federal Way works to maintain the most up to date and accurate maps possible with regards to the City, the MS4, and private connections into the MS4. These maps assist with operations and maintenance of the stormwater system, private and public stormwater system inspections, IDDE source tracing and identification, and mitigating potential downstream impacts of stormwater pollution. SS.C.4.a: Maintain Ongoing Mapping Data City of Federal Way In 2020, SWM performed routine updates to the MS4 mapping based on findings from the City's Video Inspection Program, new development or redevelopment as-builts, and field verifications from utility locates. These efforts will be continued in 2021. SS.C.4.b: Update Outfall Mapping & Complete Mapping of All Known Connections from the MS4 to Privately Owned Stormwater Systems Outfall inspections aimed at updating classifications (primary/secondary) and improving map accuracy were started in September 2018 and completed in 2019. Results were forwarded to GIS staff for inclusion in mapping updates in 2019, and were completed in 2020. Missing information on outfall size and material was collected in 2020, and added to GIS to ensure comprehensive infrastructure mapping. In 2021, SWM will begin verifying all mapped connection points from the MS4 to privately owned stormwater systems in GIS. New, private stormwater infrastructure is updated in GIS on an ongoing basis, ensuring the most complete and up to date map at any given time. Mapping updates are noted for action by SWM staff when undocumented infrastructure is found through the source control, IDDE, and private commercial site program inspections. Additionally, any new development or construction that connects a private system to the public MS4 is mapped when the as-builts are submitted to SWM staff from the Development Services Division. S5.C.4.c: Utilize Electronic Format for Mapping The City has utilized GIS data and mapping since 1997. The City continues to use ESRI ArcGIS (Enterprise 10.6.1, Desktop 10.6.1, Pro 2.4.3) and AutoDesk AutoCAD (2019, Civil 3D 2019) for electronic mapping. In 2021, SWM staff will begin documenting mapping standards, nomenclature, and processes to ensure fully described mapping standards are in place by the August 1, 2021 deadline. SS.C.4.d-e: Provide Mapping Information, Upon Request, to Ecology, Indian Tribes, Municipalities, and Other Permittees Mapping requests from the public, Ecology, Indian Tribes, Municipalities, and Other Permittees are met on an ongoing basis. Page 9 of 21 2021 NPDES Annual Report - Attachment 2 Illicit Discharge Detection. & Elimination Federal Way maintains a robust Illicit Discharge Detection & Elimination (IDDE) Program designed to prevent, detect, characterize, trace, and eliminate illicit connections and illicit discharges into the MS4. S5.C.5.a: Include Procedures for Identifying, Reporting, Correcting, and Removing Illicit Discharges and Illicit Connections in the IDDE Program In 2020, the SWM Water Quality Section continued to update, as needed, the City's IDDE Field Procedures and Response Plan (Plan) that outlines procedures for identifying, reporting, correcting, and removing illicit discharges and illicit connections. In late 2018, the Plan was updated to include more consistent and timely enforcement measures to facilitate compliance and correct illicit discharges and corrections. In 2021, updates continue to be made to the enforcement sections of the Plan to include an abatement policy for sites that require immediate corrective action, or are continually noncompliant. In 2021 SWM will integrate illicit discharge procedures and development code violations for failed erosion control measures into one action. City of Federal Way S5.C.5.b: Inform Public Employees, Businesses, and the General Public about the Hazards Associated with Illicit Discharges and Improper Disposal of Waste In 2020, SWM staff worked to expand education and outreach efforts to multiple stakeholders regarding the various hazards associated with illicit discharges and improper disposal of waste. In 2021, SWM staff will continue to review and revise these efforts, which include: Utilizing the updated IDDE Field Procedures and Response Plan for all incoming public employees to introduce them to the program and orient them with City procedures for investigating, identifying, enforcing, and eliminating illicit discharges and illicit connections; Increasing the volume of technical assistance letters that are issued as a result of IDDE and source control investigations where the potential for prohibited discharges exist. These letters contain information about City Code regarding prohibited discharges, City enforcement policies and procedures if prohibited discharges do occur, and information regarding operational and structural BMPs that can assist with prohibited discharge prevention; Placing educational stickers on dumpsters during routine source control site inspections that remind businesses and multi -family housing establishments to close their dumpster lids to avoid leachate and other prohibited discharges; Emphasizing the harmful effects of stormwater pollution when presenting to the general public at Farmer's Market booths and other local tabling events (to be resumed potentially in 2021, but likely in summer 2022), and providing educational materials to citizens about residential BMPs, such as vehicle washing and proper pet waste disposal, and notifying them about City and County programs, such as the City's car wash kits and King County's hazardous waste disposal resources; Page 10 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way Educating participants in the City's Stream Team Program about the hazards of illicit discharges during the initial classroom training for inclusion in the program (to be resumed in fall 2021); and • Conducting education and outreach about illicit discharges through the Environmental Coalition of South Seattle (ECOSS) program that assists private businesses in the City with implementing and maintaining spill prevention and elimination procedures and spill kits. Furthermore, in 2020 an internal Public Works Department Communications team began working to engage the general public in understanding what work the Public Works Department does in the community and also create more visible and accessible modes for citizens to report issues found within the City, including illicit discharges. In December 2020, the City launched SeeClickFix, a mobile app that allows the public to easily report issues (including spills or other water quality issues) directly from their phone. In 2021, the Public Works Communications team will continue to collaborate with the IT Department to discuss the marketing of the app to the public and also embrace a variety of additional communication strategies. S5.C.5.c: Implement an Ordinance or Other Enforceable Mechanism to Prohibit Illicit Discharges into the City's MS4 City Ordinance 09-619 prohibits non-stormwater discharges into the City's MS4, and Federal Way Revised Code (FWRC) Chapter 16.50 lists prohibited, allowable, and conditional discharges into Federal Way waters and storm drainage systems. Examples of illicit discharges include trash, food wastes, construction materials, petroleum products, sewage, paint, pesticides, fertilizers, soap, and sediment. The SWM Water Quality Section implements escalating enforcement procedures and actions pursuant to those outlined in FWRC Chapter 1.15. In 2020, SWM continued implementing the enforcement procedures that were updated in late 2018 to achieve more efficient compliance. These measures include enforcement of monetary penalties for violators that continually fail to comply. In 2020, SWM staff drafted an abatement procedure into the enforcement section of its IDDE program to further assist with compliance, which will be finalized and approved in 2021. SS. C.5.d-e: Implement an Ongoing Program to Detect, Identify, and Address Illicit Discharges, Including Spills and Illicit Connections, into the City's MS4 In 2020, the City met the Permit requirement for screening at least 40 percent of the City's stormwater system for illicit connections through recurring source control inspections, video inspections, and stormwater facility inspections. This program is ongoing, and in 2021 SWM staff will: Continue to inspect private commercial stormwater systems that discharge into the City's MS4 to ensure maintenance complies with standards outlined in the Permit. SWM Staff incorporates an education and outreach program into the commercial site inspection program. This component provides advance notice and site -specific information of stormwater systems to property owners and their representatives. In addition, the outreach program provides information on BMPs targeted to each site's commercial activities and land use. In 2020, SWM staff continued to emphasize source control best practices, both operational and structural, to help commercial property owners better understand how to prevent prohibited discharges on both a short- and long-term basis. This year, staff will work to incorporate more feedback mechanisms from property owners and managers to Page 11 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way ensure outreach methods and materials are accessible and effective, and will use the collected data to update outreach efforts for commercial sites. Continue to collect and analyze data on commercial site inspection results, enforcement actions, water quality violations, and compliance timelines to better inform commercial site and source control inspections. In 2018, data was collected and analyzed for the 2013-18 Permit Cycle, to prioritize sites for future inspection. The data includes land use, compliance history, and pollution risks associated with each site. In 2019, this analysis was updated to include the first half of 2019 to create a complete 2013-19 Permit Cycle evaluation. In 2020, this analysis was updated yet again to create a comprehensive, multi -year analysis that will continue to be updated annually. Continue to utilize this annual data analysis to evaluate hot spots in the City for illicit discharges, as the analysis is broken down by type of discharge, drainage basin, and year. The results of this analysis will continue to be used in 2021 to assist staff in identifying seasonal and/or geographic trends in repeated water quality violations. This analysis, coupled with the evaluation of enforcement actions and compliance timelines, will allow SWM Staff to better target outreach and technical assistance efforts to reduce common illicit discharges. Continue to use NPDESPro, a web -based data management platform, to report illicit discharges and connections, track staff response logs, and document enforcement actions. In spring 2020, staff finalized the initial phase of data migration and staff training for the Water Quality Section and Surface Water Inspectors. Following this start-up period, SWM staff began utilizing NPDESPro for recordkeeping and reporting on private commercial site inspections, IDDE inspections, and source control inspections. In 2021, SWM staff will draft and approve a multi -year contract with NPDESPro and adopt Version 3.0 of the platform. SS.C.S.. Provide IDDE Staff Training SWM staff will continue to provide annual training to all City of Federal Way field staff and police personnel in the identification of illicit discharges and notification to appropriate authorities. Additionally, all maintenance personnel, SWM Water Quality staff, and SWM Inspectors are trained annually in spill response and first responder hazard awareness. SWM staff will continue to review field procedures for identifying, tracing, reporting, and documenting all reported illicit discharges. In 2019, SWM staff developed a training document and reporting procedure for South King Fire & Rescue (SKFR) staff in regards to illicit discharges resulting from firefighting activities. In 2020, SWM staff reviewed and updated primary training materials to emphasize proper notification procedures regarding illicit discharges. In 2021, SWM staff will further explore a "Train the Trainer" model for providing training to Police and Fire personnel. SS.C.S.a: Track and Maintain Records of IDDE Program Activities In 2020, SWM staff began utilizing NPDESPro to track and record all reported water quality violations. Associated documents, including photographs, site maps, correspondence, legal actions, and final resolution are housed in the Surface Water Management network drive. Commercial site inspections and source control inspections are also tracked in NPDESPro, and active construction sites are tracked through the City's permitting system, AMANDA. In 2019, Public Works Inspectors began tracking interim TESC inspections of active construction sites within VUEWorks. In 2021, SWM staff will continue utilizing NPDESPro for all recordkeeping activities associated with IDDE investigations, private commercial site inspections, and source control inspections. Page 12 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way Controlling Runoff from New Development, Redevelopment, & Construction Sites Construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue, the City adopted the current King County Stormwater Design Manual and the City of Federal Way Addendum in 2016. Changes were made to development -related standards in 2016 to make Low Impact Development (LID) the preferred and commonly used approach in site development. SS.C.6.a-b: Implement an Ordinance or Other Enforceable Mechanism to Address Runoff from New Development, Redevelopment, and Construction Sites Federal Way Public Works Development Standards (codified under FWRC 19.135.130), and the King County Stormwater Design Manual (as amended and adopted under City Ordinance 16-828), include minimum requirements for stormwater design and construction for the protection of water quality and the reduction of pollutant discharge. SS. C.6.c: Apply a Permitting Process with Site Plan Review, Inspection, and Enforcement Capability for New Development, Redevelopment, and Construction Sites In 2021, the Public Works Development Services Division will continue to implement the City's permitting process, including civil/site plan review and approval for compliance with City of Federal Way standards. In 2020, plan review went virtual due to remote work conditions. This will continue through 2021. Public projects in the right-of-way that trigger local permits will also continue to be reviewed by internal stormwater engineers. During construction, Public Works staff will continue to conduct weekly site inspections to ensure implementation of proper temporary erosion and sediment control (TESC) BMPs. City inspectors have the authority to enforce TESC standards for both private and public projects in order to reduce pollutants in stormwater runoff to the MS4 and surface waters that originate from new development, redevelopment, and construction site activities. SWM staff will also continue reviewing and approving Spill Prevention Plans (SPPs) for sites that require them, and will ensure future adherence to these SPPs during subsequent inspections. In 2019, Development Services staff updated the City's Development Standards, which includes a review of planned LID criteria. This review is part of the City's effort to require LID principles and LID BMPs to make it the preferred and commonly used approach to site development. In 2021, City staff will continue the ongoing revision process of the Development Standards to improve clarity and review potential updates to LID criteria, including a requirementthat municipal roadway cross -sections align with LID standards. Staff finalized their revisions in late 2020 in anticipation of releasing the updated Development Standards in early 2021. The City has an ongoing program to verify that long-term operation and maintenance (O&M) of post construction stormwater facilities and BMPs is implemented. The City requirements for maintenance standards are identified under the 2016 King County Stormwater Design Manual Appendix A, Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. In 2021, Public Works staff will Page 13 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way continue post construction inspections prior.to release of warranty bonds, and will review post construction inspection procedures in conjunction with the Development Standards update. Furthermore, Public Works staff will work on implementing increased site assessment procedures that align with the updated Department of Ecology Standards for new development, redevelopment, and construction activities on plats, single family, and commercial sites. SS.C.6.d. Provide Notice of Intent (NOI) for Proposed New Development and Redevelopment The City includes notification of the requirement to meet NOI in the pre -application comments, during the review for land use, and during plan review for building permit phases depending on the project. The development services project manager makes periodic inquiries to the on-line permit to verify compliance. SS.C.6.e: Ensure Staff Training for Implementation of Runoff Control Program f Plan reviewers are managed by a professional licensed engineer and 1i all City staff responsible for approval and/or inspection of new ] development, redevelopment, or construction are certified in Construction Erosion and Sediment Control Lead (CESCL). City inspectors are also sent through the Washington Department of h Transportation Local Technical Assistance Program (LTAP) for construction inspection\ and documentation training, and in 2020 were also sent to the American Public Works Association (APWA) Construction Inspection Training. In 2021, the APWA Construction Inspection Training will continue for newly hired construction inspectors. Furthermore, in 2020 management updated and expanded training for plan reviewers that includes refresher training for experienced plan reviewers, and will begin planning for training opportunities for incoming plan reviewers in 2021. In 2021, management will also continue researching training opportunities for inspectors regarding soil classification and analysis. Page 14 of 21 2021 NPDES Annual Report - Attachment 2 Operations & Maintenance SWM has an ongoing program to reduce stormwater impacts associated with the maintenance and operations of City streets, facilities, and properties. The program applies to drainage infrastructure, which includes catch basins, pipes, open channels, residential and regional retention/detention ponds and facilities, filter vaults, coalescing plates, dams, vortexes, snouts, and tanks. S5.C.7.a: Implement Maintenance Standards City of Federal Way • In 2021, SWM maintenance personnel will continue to implement maintenance standards as outlined in the amended and adopted 2016 King County Stormwater Design Manual, which includes Appendix A: Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. All inspection forms utilized in routine stormwater system inspections are created using Appendix A as a guide. In 2020, SWM added inspections of Modular Wetlands, a new feature of the City's stormwater infrastructure. Maintenance standards for the Modular Wetlands are based on vendor guidelines. S5.C.7.b: Maintain Stormwater Facilities Regulated by the Permittee In 2021, SWM will continue to inspect stormwater treatment and flow control facilities regulated by the City, as required by the Permit. Facilities permitted by the City that discharge to the City's MS4 are inspected and maintained annually to verify long-term maintenance, if the City was designated as the maintenance provider following construction completion. Any required repairs are recorded and scheduled in the City's asset tracking system, VUEWorks, as well as in the Surface Water Management Division's Operations & Maintenance network folder. S5.C.7.c: Maintain Stormwater Facilities Owned or Operated by the Permittee In 2021, SWM will continue to inspect known municipally owned and operated stormwater treatment and flow control facilities as required by the Permit. Control structures, retention/detention ponds, and bioswales are inspected and maintained annually. Any required repairs are recorded and scheduled in VUEWorks, the City's asset data management system. In 2020, SWM acquired two additional tablets to expand the use of mobile technology. This allows for more efficient and effective electronic recording, filing, and scheduling of inspections and inspection results. It also provides more accurate measuring and tracking of catch basin sediment levels during the annual catch basin inspections. In 2020, SWM staff worked with the City's GIS staff to update these online inspection forms on ArcCollector to better manage catch basin inspection data. In 2021, SWM staff will continue using GIS ArcCollector for inspections and inputting required maintenance into VueWorks. In 2021, SWM Inspectors will continue to use the Video Inspection Program (Program) as a tool to proactively Page 15 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way manage the stormwater system to prevent flooding, drainage problems, and other water quality concerns. The Program also supports several NPDES-related activities including ongoing comprehensive mapping of the system, evaluation of management practices, and the improvement of the ability to trace spills and identify illicit connections to the MS4. In 2021, SWM Inspectors will continue to assess and identify stormwater system maintenance needs based on the structural scoring system utilized through the Program. In 2021, we will implement a recurring schedule for video inspections to ensure infrastructure maintenance needs are fully supported. • SWM Staff will continue to inspect facilities vulnerable to surface water related problems before, during, and after major storm events to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. • SWM will continue to inspect and clean (when necessary) catch basins owned by the City. In 2018, SWM , incorporated an annual assessment into the City s catch basin inspection program. Annual assessments include a review of the City's circuit schedules, actual inspection results, cleaning and maintenance records, new development or redevelopment schedules, changes in commercial use, and an evaluation of the previous year's snow and ice operations. SWM will use this assessment to adjust the City's circuits in order to comply with the requirements of an alternate inspection schedule under the next Permit cycle (2019-2024). Upon review of historical inspection program data in 2019, SWM staff concluded that Permit requirements could be better met with a new inspection program that separates the City into Northern and Southern circuits, each containing approximately half of the City's total number of arterial and non -arterial catch basins. In 2020, SWM began implementing this program by inspecting all catch basins within the Southern Circuit. In 2021, SWM will t � inspect all catch basins within the Northern Circuit, and will also clean and maintain all catch basins identified as.„ having an exceedance of the maintenance standards x' within the Permit required 6-month timeframe. ~ IFA In 2020, SWM inspected and cleaned all arterial catch basins within the Southern Circuit of the City that exceeded the maintenance standard. Under the new catch basin ins action ro ram first im lamented in p P g P 2020, SWM inspected, cleaned, and maintained the arterial catch basins within the southern half of the City, and in 2021, SWM will inspect, clean, and maintain the arterial catch basins within the northern half of the City (including the border streets), as noted in the map to the right. SS.C.7.d. Implement Practices, Policies, and Procedures to Reduce Stormwater Impacts Associated with Runoff from All City Owned or Maintained Lands, and City -Controlled Road Maintenance Activities In 2018, SWM Staff implemented new procedures and practices for managing the stormwater infrastructure maintenance program. Included in the updated program were changes in scheduling, tracking, and recording of maintenance activities. In 2019, SWM staff began reviewing the 2018 Page 16 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way program and in 2020 SWM began updating the maintenance Standard Operating Procedures (SOPS) that together form the City's Maintenance Manual. The updates are slated to be finalized in 2021. In 2020, SWM began reviewing Streets and Parks O&M SOPS for adherence to permit requirements for reduction of stormwater impacts associated with maintenance activities. In 2021, the final draft of this Maintenance Manual will be routed for approval by City leadership. SS.C.7.e: Ensure Staff Training for Operations and Maintenance Personnel City field staff is trained annually in IDDE and spill response procedures. In 2020, field staff responsible for construction operations, street maintenance, parks, and facilities maintenance will also receive updated training in construction BMPs, spill response, and review of Stormwater Pollution Prevention Plan (SWPPP) and TESC requirements. Maintenance crew leads also attended a Best Management Practices (BMPs) trainingthat they shared with their crews. Licensed maintenance personnel are trained on an annual basis for pesticide/herbicide application and this program will continue in 2021. SS.C.7.: Implement a Stormwater Pollution Prevention Plan for All Heavy Equipment, Maintenance, or Storage Yards, and Material Storage Facilities Owned or Operated by the Permittee In 2019, SWM staff reviewed and updated the Stormwater Pollution Prevention Plan (SWPPP) appendices for the Public Works/Parks Maintenance Yard Annex located at 31130 28th Avenue South. These appendices include a drainage map of the Yard, a map of material storage locations in the Yard, and Excel worksheets that document staff responsibilities, inspection results, spill events, material storage locations and associated BMPs, and staff training. In 2020, SWM staff will continue to review and revise the SWPPP and its appendices as necessary. In 2021, SWM staff will work with the Parks Department to identify additional City -owned storage yards or facilities that may require SWPPPs, and will develop SWPPPs for these sites if necessary in accordance with Permit Section S5.C.7.f to update SWPPPs by the end of 2022. In 2020, SWM staff will continue to review policies and procedures to ensure proper pollution management practices are consistently being implemented and documented, and will update the training materials provided to staff for the annual SWPPP training. In 2020, there was also an increased emphasis on regularly scheduled housekeeping at the Maintenance Yard. SS.C.7.a: Maintain Records of Operations and Maintenance Program Activities In 2020, a review of records retention and data collection was continued as part of the updated procedures and practices for operation, maintenance, and repair. In 2021, SWM will continue refining the implementation plan for digitizing all O&M and repair records as well as standardizing maintenance records procedures. Page 17 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way Source Control Program for Existing Development In recent years, SWM staff has identified a growing need to include more preventative, rather than reactive, measures within the stormwater management program overall. One of the primary actions identified was to reinstate a source control inspection program within the Water Quality Section beginning in 2017. This program allows SWM staff to better engage business owners in conversations about stormwater pollution, provide business - specific BMPs to prevent illicit discharges, and enforce illicit discharges if found during routine inspections. SS.C.8.a: Implement a Program to Prevent and Reduce Pollutants in Stormwater Runoff In 2017, SWM staff identified a need to include more preventative actions within the stormwater management program overall. One of the primary ways identified was to resume a robust source control inspection program within the Water Quality Section. In 2017, SWM staff completed a site inventory that was used to conduct weekly source control inspections. In 2018, 2019, and 2020, updates were made to the inventory to better capture businesses within the City that have a high potential for generating stormwater pollution. In 2021, SWM staff will continue to assess and update the program to more effectively educate business owners and managers on the causes and harmful effects of stormwater pollution, what constitutes a water quality violation and how the City enforces such violations, and operational and structural BMPs tailored to their business activities that can assist with stormwater pollution prevention. SS.C.8.b.i: Adopt an Ordinance or Other Enforceable Documents Requiring Source Control BMPs The Federal Way Revised Code (FWRC) currently includes language regarding source control BMPs, but does not require enforcement of those BMPs for existing sites. Enforcement occurs when a lack or failure of BMPs results in a water quality violation. In 2021, SWM staff will begin the initial planning and code review process to determine the most effective method for adopting an Ordinance or other enforceable documents requiring source control BMPs for existing sites, and will create a timeline to ensure adoption of this language prior to the August 2022 deadline. S5.C.8.b.ii: Establish an Inventory of Public and Private Sites with Potential to Pollute MS4 In late 2017, SWM staff created an inventory of businesses with potential pollution -generating activities. The inventory includes information on the business name, business location, potential pollution sources, inspection history (dates and results), and enforcement measures taken, if any. In 2019, this inventory was updated to include all automotive -related businesses, gas stations, fast food restaurants, and sheet flow sites within the City. In 2020, SWM staff continued to evaluate and revise the inventory as necessary to account for changes in land use and development, or business closures. SIC codes for each business will be added to the inventory in 2021, as outlined in Permit Appendix 8. SS.C.8.b.iii: Implement an Inspection Program for Pollutant -Generating Sites Beginning in late 2017, SWM staff began conducting regular source control site inspections throughout the City, using the inventory for scheduling and as a recordkeeping document for inspections. In 2021, SWM staff will continue conducting regular source control site inspections and will begin scheduling and documenting inspections in NPDESPro. In 2020, a total of 97% of businesses (238 of 245) were Page 18 of 21 2021 NPDES Annual Report - Attachment 2 City of Federal Way inspected within the inventory, which exceeds the future Permit requirement (January 2023) of at least 20% of businesses inspected per year. 55. C. 8. b. iv. Implement a Progressive Enforcement Policy for Stormwater Compliance Following a source control inspection in which a potential water quality violation is observed, SWM staff will issue a technical assistance letter to the business informing them about the potential violation, harmful effects of stormwater pollution, and BMPs they can implement to prevent illicit discharges from occurring. When an illicit discharge is found during a source control inspection, SWM staff will issue a formal Notice of Water Quality Violation that contains similar information to the technical assistance letter, but also outlines required corrective actions to eliminate the discharge and a deadline by which to complete these actions. All of these enforcement actions are recorded in the Source Control Inspection Inventory, and if at the level of a water quality violation, are recorded in VUEWorks, the City's asset data management system. Starting in 2020, all of the source control inspection results and enforcement data was tracked in NPDESPro, which will continue in 2021. 55.C.8.b.v: Ensure Staff Training for Source Control Program SWM Water Quality staff in charge of source control inspections are trained annually in the source control inspection program with an emphasis on inspection procedures, recordkeeping, and commercial -related BMP resources. Staff members involved with the source control program are also required to participate in the annual Illicit Discharge Detection and Elimination training to ensure proper identification and notification of illicit discharges if found during source control inspections. Page 19 of 21 2021 NPDES Annual Report - Attachment 2 Monitoring City of Federal Way A collaborative monitoring program is paid for by Western Washington NPDES Permittees, administered by Ecology, and designed to monitor and evaluate the effectiveness of the best management practices specified in the Permit. The goal of the monitoring program is to provide an unbiased assessment of whether stormwater management actions are resulting in genuine progress towards regional water quality targets. In 2021, the City will continue to pay into the collective fund and support the implementation of the three components of the Regional Stormwater Monitoring Program: Status and trend monitoring studies to measure whether the health of lowland streams and shorelines in Puget Sound is improving or declining; Stormwater effectiveness studies to provide widely applicable information about what best management practices work, or don't work, and how to improve stormwater management; and Source Identification Information Repository designed to share information about source identification and elimination methods and identify opportunities for regional solutions to common illicit discharges and pollution problems. Page 20 of 21 2021 NPDES Annual Report - Attachment 2 Conclusion City of Federal Way Links to the 2021 Annual Report and SWMP update are posted under "News and Updates" on the City's Surface Water Management Division website at: http://www.citvoffederalway.com/surfacewater. If at any time the City is unable to comply with the terms and conditions of the Permit, staff must notify Ecology within 30 days of becoming aware that non-compliance has occurred. Written notification must include a description of the non-compliance issue and steps planned or taken to achieve compliance. The City remains in compliance with the Permit and is using all known, available, and reasonable methods of prevention, control, and treatment to prevent pollution into the surface waters of Washington State. Page 21 of 21 2021 NPDES Annual Report - Attachment 3 City of Federal Way Attachment 3 - Internal Coordination Mechanisms Although the covid-19 pandemic ushered in new policies regarding social distancing and remote work, the City was able to evolve and find multiple ways to stay connected and communicate effectively throughout 2020 and into 2021. Despite the inability to hold in -person meetings, the Surface Water Management (SWM) Division met weekly via Zoom virtual conference calls in 2020 to ensure consistent and regular check -ins on team activities, upcoming projects, and important events and deadlines. Furthermore, SWM is continuously identifying opportunities for increased coordination mechanisms and communication with other divisions within the Public Works Department, as well as the City as a whole. Some examples of these expanded coordination efforts include: Increased collaboration with the Development Services Division in the Public Works Department. Since these staff oversee the "Controlling Runoff from New Development, Redevelopment, and Construction Sites" portion of the Permit, SWM is working to increase coordination with them throughout the year. This includes participating in discussions on inspection recordkeeping, rainy season site control, and alerting them when an IDDE event affects a site with an open permit for development or construction. • Expanded communication with the Parks Department with regards to the Stormwater Pollution Prevention Plan (SWPPP) at the Steel Lake Maintenance Yard, and how we might create and implement SWPPPs in 2021 for additional Parks Maintenance facilities in the City. ® Increased coordination with the Streets Division of the Public Works Department to ensure project plan review adequately addresses stormwater concerns for planned infrastructure and that inspections during the project construction phase align with stormwater BMPs to prevent runoff from project sites. As the City maintains its remote work status for the near future, internal coordination mechanisms are continuously evaluated and updated to best facilitate effective communication between all parties and eliminate barriers to compliance with the terms of the Permit. Page 1 of 1 2021 NPDES Annual Report - Attachment 4 City.of Federal .Way Attachment 4 - Description of 2020 Public Education Activities Public Events In 2020, the Surface Water Management (SWM) Division tabled at the Mayor's State of the City Address in February before the Covid-19 pandemic forced all other outreach events to be cancelled. In 2021, SWM will abide by Covid-19 social distancing and event -related policies to ensure staff and public safety. SWM is looking at virtual event opportunities for public engagement until in -person events resume. Storming the Sound with Salmon (SSS) Program Although tanks were set up and salmon eggs were distributed to participating schools in fall 2019, the 2019-20 school year SSS program and release event were cancelled. Under online learning and social distancing requirements that are continuing into 2021, the 2021 release event is also cancelled. Due to the unavailability of remote teachers and school staff, SWM staff released the salmon fry in April 2020 to the West Hylebos Creek. Tank cleanings were performed by SWM staff in summer 2020 at each school to ensure tanks and equipment are properly maintained and stored during the program's hiatus. In fall 2021, planning will resume for the 2021-22 school year. In spring 2022, the release event will be a grade -level experience for all 4th graders, as intended by the new curriculum developed in 2019. Green Living Workshops The Surface Water Management Division and the Solid Waste & Recycling Division staff collaborate to provide free educational workshops for residents on topics related to stormwater and sustainability. In 2020, the City's Green Living Workshop Program went virtual in an effort to engage a wider audience and increase accessibility to the workshops during the covid-19 pandemic. In 2020, there were eleven workshops held on topics such as trellis gardening, composting, and noxious weeds. The participation in the virtual platform was substantially increased over the in -person workshops. As a result, the City plans to continue holding the Green Living Workshops virtually past the covid-19 pandemic restrictions. Volunteer Events Although suspended in 2020 due to covid-19, SWM plans to host volunteer events in late 2021 that encourage public participation in stewardship activities, if possible within safety guidelines. Activities may include storm drain marking, storm drain marker mapping, removing invasive plants species, planting native vegetation, and removing garbage and debris from local waterbodies. E-Newsletters E-newsletters allow SWM to provide more timely information to the public on seasonal stormwater issues and upcoming events. SWM continues to contribute to a shared monthly e-newsletter with the City's Solid Waste Division. This has enabled SWM to reach a wider audience, and to provide more time - sensitive information related to upcoming events and Permit -related issues. Environmental Coalition of South Seattle (ECOSS) In 2020, SWM targeted outreach to 13 businesses with a high potential for generating stormwater pollutants and are prone to spills, such as restaurants and automotive support service businesses. ECOSS also provided training in multiple languages to employees for whom English is a learned language so that they may better educate and implement spill kit awareness. ECOSS provided free spill kits, custom spill plans, and staff training so businesses knew how to prevent, or quickly address and clean up, spills and illicit discharges. ECOSS has now served 322 businesses in the City of Federal Way since 2013. Page 1 of 2 2021 NPDES Annual Report -Attachment 4 City of Federal Way Paint the Plow Program In 2020, SWM implemented the inaugural year of the Paint the Plow program in collaboration with the two Boys & Girls Club Centers in Federal Way. This program helps aspiring artists learn about how stormwater runoff effects local watersheds while also giving them the opportunity to show off their art painted directly on the snow plows. Students decorated the plows with their art, based around the theme "Only rain down the drain." This program will continue to occur annually each fall. Car Wash Program The City's car wash program informs businesses and charity groups that it is a violation of City Code to allow dirty, soapy water from car washing activities to enter storm drains. Realizing that car washes are an important fundraising tool for many groups in the community, the City offers an environmentally safe solution. The City has special kits available that pump wash water into the sanitary sewer system, thus keeping contaminants out of local surface waters. Although suspended in 2020 due to covid-19, the free car wash kit check-out program at City Hall will hopefully be resumed in fall 2021. SWM will continue to encourage the use of charity car wash ticket programs and other alternative fundraising options as a solution, but kits will still be available if requested. Various Publications Each year, the Surface Water Management (SWM) Division produces new and updated public education materials as needed. In 2020, SWM staff worked to update publications for commercial site inspections, such as Best Management Practices resources and related documentation to ensure that these materials are tailored towards commercial sites and business owners, as opposed to construction sites and contractors. An emphasis on expanding multilingual resources is being continued into 2021. Training City staff participated in a number of trainings in 2020 related to the City's Stormwater Management program. Trainings varied in the number of staff members in attendance. Internal Trainine: NPDES Presentation to Land Use and Transportation Committee & City Council IDDE Training for Fire Department (updated for 2020) IDDE Training for Police Department (updated for 2020) IDDE Response Training for Field Staff (updated for 2020) Amanda Database Program (Controlling Runoff) VUEWorks Database Program (Operations & Maintenance) NPDESPro Database Program (IDDE, Private Inspections, & Source Control) External Train Virtual Engagement Training Volunteer Management Training Stormwater Chemistry Training CESCL Recertification Training for Inspectors King County Stormwater Design Manual Training Trenching and Shoring Certification StormCon (Surface Water Management Division attended) Page 2 of 2 2021 NPDES Annual Report - Attachment 5 _City of Federal Way Attachment 5 - Schedule & Strategy for ECOSS Campaign In accordance with Permit Section S5.C.2.a.ii(c)1, the following document fulfills the requirement to develop a strategy and schedule to more effectively implement an existing behavior change campaign. The chosen campaign involves collaborating with the Environmental Coalition of South Seattle (ECOSS), a non-profit organization that provides multilingual stormwater outreach to businesses in the Federal Way. ECOSS provides free spill kits, custom spill plans, and staff training so businesses know how to prevent, or quickly address and clean up, spills and illicit discharges. BACKGROUND The City of Federal Way (City) Surface Water Management (SWM) Division began working with ECOSS in 2013. Until 2018, ECOSS was funded by regional grants to provide this outreach effort to twenty area businesses, particularly to businesses that had multilingual employees. Although grant funding is no longer available, SWM continues to implement this program, targeting outreach to businesses with a high potential for generating stormwater pollutants and are prone to spills, such as restaurants and automotive support service businesses. SWM staff also utilizes the annual spill analysis to inform which businesses to select for future Sustainable Solutions for All participation in the ECOSS program based on potential for, or known history of, prohibited discharges and/or spill events. Businesses are also chosen based on the diversity of the staff, as emphasis is placed on providing assistance to multilingual businesses. ANALYSIS & LESSONS LEARNED In June 2020, SWM staff completed an evaluation of the effectiveness of the ECOSS program. The analysis aggregated data from 2013-2019 on which sites were visited, how frequently they were visited, and whether or not they had an IDDE event in that year or future years. The analysis provided the following conclusions: The majority of businesses participating in the ECOSS program were food related or automotive businesses. Despite the emphasis on these types of businesses, food related and automotive establishments continued to have the most IDDE events. Some of these were businesses that had participated in the ECOSS program. 2. The data also demonstrates a high number of businesses with 5 to 6 consecutive years without an IDDE event after participating in the ECOSS program. This shows that among the total number of participating businesses, a majority of them are successful in preventing future IDDE or spill events. 3. Based on the data, businesses that received multiple visits from ECOSS reduced their chance of having an IDDE event by 3.9% compared to sites that received a single ECOSS visit. It can thus be surmised that additional visits and education for business owners correlate with less chance of future IDDE events. Based on the findings of this analysis (55.C.2.a.ii(b)), the City of Federal Way selected Permit option S5.C.2.a.ii.(c)1, "Develop a strategy and schedule to more effectively implement the existing campaign." The data from this analysis supports the conclusion that the ECOSS program positively influenced a business's capacity to prevent future IDDE events for multiple years, and that their capacity for spill prevention only increased with additional visits from ECOSS. However, the data also showed that the businesses with the highest risk of future IDDE events were the types of businesses least likely to have 2021 NPDES Annual Report - Attachment 5 City of Federal Way success preventing future IDDE events. As such, the strategy and schedule for future implementation will aim to more effectively improve spill prevention and success under the ECOSS program for these high -risk potential polluters. STRATEGY Moving forward, SWM plans to ensure that new businesses in the City are welcomed into the program. Each year, 25% of the total businesses served will be new to the program. Additionally, a continuous effort will be made to ensure that the selected businesses are representative of our Environmental Protection Agency (EPA) Environmental Justice demographics with regards to primary non-English languages spoken in the community (Spanish, Korean, Ukrainian). As we understand that the EPA data is reflective of the community as a whole, we will continuously work to obtain more accurate data on the demographics of business owners and employees within Federal Way to better represent the true multilingual diversity of businesses served. We will continue to target food -related and automotive establishments as these are the identified "hotspot" business types for spills or other IDDE events. We also recognize that an existing barrierto long-term success is that many of the participating businesses have high staff turnover rates. This increases the chance that knowledge from ECOSS involvement may be lost year to year. SWM will collaborate with ECOSS to develop a strategy to offset this knowledge loss, such as repeating training with certain businesses or business associations to ensure that the training becomes a part of their routine operations. This also presents an opportunity to create a focus group or survey for business owners so we may better understand staff turnover frequency and associated issues. Each business served will receive three touch points from the ECOSS program administrators due to the effectiveness of multiple touch points, as reported by ECOSS. Additionally, SWM will consider the incorporation of a final, fourth touch point to each participating business that will be led by SWM's Pollution Control Specialist. During that visit, SWM will ensure training completion, provide technical assistance upon request, and offer Best Management Practices if necessary. Finally, SWM staff will post content about the ECOSS program, successes of businesses served, and other program highlights to the City's facebook page and monthly e-newsletter. As the City's facebook page has limited capacity for accommodating stormwater-related content, this may present an opportunity to encourage City leadership to approve the previously considered Public Works Department -specific facebook page. This would allow for better control over post content and timing so that we may do our best to engage with our intended audiences, including current or potential ECOSS participants. The ECOSS-related communications may spark interest in business owners who are eager to participate in the program, especially those who have multilingual staff. In consideration of the current and projected budget for ECOSS program implementation, SWM will collaborate with ECOSS to devise alternative training opportunities if demand for program participation among community businesses rises past budget limitations. Overall, increasing awareness of the program and encouraging interested businesses to engage with SWM will provide opportunities to not only welcome more businesses into the program, but also to better understand our local business owners and their needs moving forward. The following logic model (Figure 1.) provides a summary of key performance indicators from short-term to long-term that SWM will use as a guide, in collaboration with ECOSS program administrators, to continuously improve and evolve ECOSS program implementation. 2021 NPDES Annual Report - Attachment 5 City of Federal Way Figure 1. Logic Model for ECOSS Implementation Short -Term Goals Intermediate Goals Long -Term Goals *Add an additional 25% new businesses to the roster for services -Focus on demographic representation for new and existing businesses (using the primary languages as a guide) • Ensure three touch points for each business during their time in the program *Engage local business owners through social media and e-newsletter content about ECOSS SCHEDULE •Aggregate and evaluate program data annually to gauge effectiveness and inform selection of new and repeating businesses -Analyze status of repeating businesses and determine if program graduates require adjusted enforcement for future IDDE events •Incorporate a fourth touch point from SWM staff *Explore the option of creating a Public Works facebook page •Continuously explore program maintenance and sustainability, identifying and implementing strategies when possible -Achieve demographic representation for a majority of businesses served Coordinate with ECOSS to determine future program goals -Collaborate with ECOSS to develop focus groups or survey instruments for better program evaluation 2021— 12 businesses served by the program; 3 out of 12 are new; Spanish-speaking businesses must be well represented as this is the primary non-English language spoken in Federal Way 2022 — Potential increase of businesses served; continue 25% new businesses; increase multilingual representation based on Federal Way language demographics 2023 — Potential increase of businesses served; continue 25% new businesses; increase multilingual representation based on Federal Way language demographics 2024— Program evaluation due March 31, 2024; use evaluation summary to determine next steps 2021 NPDES Annual Report - Attachment_6 City of Federal Way Attachment 6 - Stewardship Opportunities for Residents Stewardship opportunities for residents were highly restricted due to covid-19 policies regarding social distancing and gatherings. Since these activities often involve a great deal of in -person events, SWM staff suspended the majority of these opportunities to ensure safety for both staff and the public. Stream Team In 2019, SWM staff implemented a new Stream Team program. Two volunteer trainings were held during the fall, and volunteers began regular water quality monitoring at six stream sites in October. Stream team volunteers measure a variety of parameters, including: temperature, pH, turbidity, dissolved oxygen, and nutrients, among others. Due to covid-19 policies, volunteers discontinued monitoring in 2020 as City Hall was inaccessible to the public and kits were not available for check-out. SWM will resume monitoring during the 2021 wet weather season and are revamping the program for long-term check-out of the kits to Stream Team members who continue to be active in the program. Trainings for new volunteers are slated to be held in fall 2021. At present staff are planning for in -person training as well as a virtual workshop. Lake Level Monitoring In 2019 the City partnered with the Lake Observations by Citizen Scientists & Satellites (LOCSS) program, run by the University of Washington, University of North Caroline Chapel Hill and NASA, to install two lake level gauges in Federal Way. The gauges were installed at Steel Lake and North Lake. - The goal of the program is to use citizen scientists to better understand how and why lake levels change over time. In 2020 citizen scientists reported lake level data a total of 297 times between the two sites (76 North Lake; 221 Steel Lake), compared with a combined total of 156 in 2019. In 2021 the gauges will remain in place and data will continue to be collected. Storm Drain Marking Although suspended in 2020, SWM staff will continue to provide educational markers for installation near catch basins that drain to the City's MS4 in 2021. The markers inform the public that the storm drains discharge to local waterways. Additionally, in 2021 SWM will continue using volunteers to map where curb markers exist within the City and in what condition they are in. Volunteer Events Although suspended in 2020 due to covid-19, SWM plans to host volunteer events in late 2021 that encourage public participation in stewardship activities, if possible within safety guidelines. Activities may include storm drain marking, storm drain marker mapping, removing invasive plants species, and planting native vegetation. Page 1 of 1 2021 NPDES Annual Report Attachment 7 - Outfall Inventory City of Federal Way Type Asset ID Outfail Size Notes Secondary 17 0 NEED INFO Secondary 44 0 Not found Secondary 49 18 18" CMP Outfall Secondary 118 18 18" CMP Outfall Secondary 128 12 12" CONC Outfall Secondary 210 48 48" CMP Outfall Secondary 217 0 NEED INFO Secondary 253 15 15" CONC OUTFALL Secondary 266 48 <null> Secondary 267 12 <null> Secondary 261 12 <null> Secondary 263 36 I<null> Secondary 265 12 <null> Secondary 284 12 <null> Primary 1 0 NEED INFO Primary 3 12 12" CONC to Dispersal Trench Outfall Primary 255 12 12" CONC Outfall Primary 5 15 15" CONC Outfall Primary 7 18 18" CONC Outfall Primary 8 18 18" CONC Outfall Primary 9 12 12" DI Outfall Primary 10 18 18" CONC Outfall Primary 11 18 18" CMP Outfall Primary 12 0 NEED INFO Primary 15 18 18" CMP Outfall Primary 19 0 NEED INFO Primary 20 0 NEED INFO Primary 21 0 NEED INFO Primary 22 0 NEED INFO Primary 23 0 NEED INFO Primary 26 12 12" CONC Outfall Primary 27 0 INEEDINFO Primary 29 0 NEED INFO Primary 30 12 12" CONC Outfall Primary 31 12 12" CONC Outfall Primary 32 0 NEED INFO Primary 33 0 NEED INFO Primary 34 12 12" Conc Outfall Primary 35 0 INEEDINFO Primary 36 0 INEEDINFO Primary 37 0 NEED INFO Primary 38 15 15" CONC Outfall Primary 39 12 12" CONC Outfall Primary 40 18 18" CMP Outfall Page 1 of 6 2021 NPDES Annual Report Attachment 7 - Outfall Inventory City of Federal Way Primary 41 0 NEED INFO Primary 42 0 NEED INFO Primary 43 18 18" CMP Outfall Primary 45 12 12" CMP Outfall Primary 46 12 12" CONC Outfall Primary 47 0 NEED INFO Primary 48 18 18" CPEP Outfall Primary 50 0 NEED INFO Primary 51 0 NEED INFO Primary 52 0 NEED INFO Primary 53 12 12" CONC Outfall Primary 54 0 NEED INFO Primary 55 12 12" CONC Outfall Primary 56 12 12" HDPE Outfall Primary 57 0 NEED INFO Primary 58 0 NEED INFO Primary 59 18 18" CPEP Outfall Primary 62 24 24" CMP Outfall Primary 63 0 NEED INFO Primary 64 36 36" CMP Outfall Primary 65 0 NEED INFO Primary 66 24 24" CMP Outfall Primary 67 21 (4) 21" CMP Outfall Primary 68 0 NEED INFO Primary 69 0 NEED INFO Primary 70 18 18" CONC Outfall Primary 71 0 NEED INFO Primary 72 18 18" CMP Outfall Primary 73 36 36" CMP Outfall Primary 74 15 15" CMP Outfall Primary 75 0 NEED INFO Primary 76 12 12" CONC Outfall Primary 77 12 12" CMP Outfall Primary 79 0 NEED INFO Primary 80 18 18" CONC Outfall Primary 81 30 30" CMP Outfall Primary 82 0 NEED INFO Primary 85 0 NEED INFO Primary 86 0 NEED INFO Primary 87 0 NEED INFO Primary 89 18 18" CPEP Outfall Primary 90 0 NEED INFO Primary 91 12 12" CONC Outfall Primary 92 18 18" CONC Outfall Primary 93 1 18 18" CMP Outfall Primary 94 0 NEED INFO Primary 95 0 NEED INFO Page 2 of 6 2021 NPDES Annual Report Attachment 7 - Outfall Inventory City of Federal Way Primary 96 15 15" CMP Outfall Primary 97 12 12" CONC Outfall Primary 98 0 NEED INFO Primary 99 24 24" CMP Outfall Primary 101 0 NEED INFO Primary 102 21 21" CONC Outfall Primary 103 12 12" CONC Outfall Primary 104 0 NEED INFO Primary 105 0 NEED INFO Primary 106 36 36" CMP Outfall Primary 107 18 18" CONC Outfall Primary 108 42 42" CONC Outfall Primary 109 12 12" CONC Outfall Primary 110 12 12" CONC Outfall Primary 111 12 12" CONC Outfall Primary 112 12 12" CONC Outfall Primary 113 12 12" CONC Outfall Primary 114 12 12" CONC Outfall Primary 115 18 18" CONC Outfall Primary 116 24 24" CONC Outfall Primary 117 12 12" CONC Outfall Primary 119 0 NEED INFO Primary 120 21 21" CONC Outfall Primary 121 0 NEED INFO Primary 124 12 12" CMP Outfall Primary 125 12 12" CMP Outfall Primary 126 15 15" CONC Outfall Primary 127 18 18" CMP Outfall Primary 129 18 18" CONC Outfall Primary 130 0 NEED INFO Primary 131 15 15" CONC Outfall Primary 132 12 12" CONC Outfall Primary 133 12 12" CONC Outfall Primary 134 36 36" CMP Outfall Primary 135 12 12" CONC Outfall Primary 136 0 NEED INFO Primary 137 0 NEED INFO Primary 138 0 NEED INFO Primary 139 24 24" CONC Outfall Primary 140 18 18" CONC Outfall Primary 141 0 NEED INFO Primary 1142 0 NEED INFO Primary 143 0 NEED INFO Primary 144 0 NEED INFO Primary 145 0 NEED INFO Primary 146 12 12" CMP Outfall Primary 147 12 12" CMP Outfall, Page3 of 6 2021 NPDES Annual Report Attachment 7 - Outfall Inventory City of Federal Way Primary 148 12 12" CMP Outfall Primary 149 12 12" CMP Outfall Primary 150 12 12" CMP Outfall Primary 151 18 18" CMP Outfall Primary 152 0 NEED INFO Primary 153 18 18" CMP Outfall Primary 154 18 18" CMP Outfall Primary 155 12 12" CMP Outfall Primary 156 0 NEED INFO Primary 157 24 24" CMP Outfall Primary 158 18 18" CONC Outfall Primary 159 12 12" CONC Outfall Primary 160 30 30" CMP Outfall Primary 161 24 24" CMP Outfall Primary 162 18 18" CMP Outfall Primary 163 21 21" CMP Outfall Primary 164 48 48" CONC Outfall Primary 165 18 18" CONC Outfall Primary 166 8 8" HDPE Outfall Primary 167 0 NEED INFO Primary 168 12 12" CMP Outfall Primary 169 12 12" CONC Outfall Primary 170 0 NEED INFO Primary 174 36 36" CONC Outfall Primary 175 0 NEED INFO Primary 176 18 18" CONC Outfall Primary 180 12 12" CPEP Outfall Primary 182 24 24" CONC Outfall Primary 183 0 NEED INFO Primary 184 18 18" CMP Outfall Primary 185 18 18" CMP Outfall Primary 186 12 12" CONC Outfall Primary 187 12 12" CONC Outfall Primary 188 18 18" CMP Outfall Primary 189 12 12" CMP Outfall Primary 190 12 12" CMP Outfall Primary 191 21 21" CMP Outfall Primary 192 12 12" CMP Outfall Primary 193 12 12" CMP Outfall Primary 194 12 12" CMP Outfall Primary 195 0 NEED INFO Primary 196 12 12" CMP Outfall Primary 197 0 NEED INFO Primary 198 0 NEED INFO Primary 199 12 12" CONC Outfall Primary 200 24 24" CONC Outfall Primary 201 1 48 48" CONC Outfall Page 4 of 6 2021 NPDES Annual Report Attachment 7 - Outfall Inventory City of Federal Way Primary 202 0 NEED INFO Primary 203 18 18" CPEP Outfall Primary 204 48 48" CMP Outfall Primary 205 24 24" CMP Outfall Primary 206 42 42" CMP Outfall Primary 207 48 48" CONC Outfall Primary 208 48 48" CONC +2 UNKNOWN Outfall Primary 209 54 54" CMP Outfall Primary 211 12 12" CONC Outfall Primary 213 0 NEED INFO Primary 214 0 NEED INFO Primary 215 0 NEED INFO Primary 218 0 NEED INFO Primary 220 0 NEED INFO Primary 221 0 NEED INFO Primary 222 0 NEED INFO Primary 223 0 NEED INFO Primary 224 21 21" CONC Outfall Primary 225 36 36" CONC Outfall Primary 226 36 36" CONC Outfall Primary 227 15 15" CONC Outfall Primary 228 12 12" CONC Outfall Primary 229 12 12" CONC Outfall Primary 230 12 12" CONC Outfall Primary 231 30 30" CMP Outfall Primary 232 12 12" CMP Outfall Primary 233 36 36" CMP Outfall Primary 234 0 NEED INFO Primary 236 0 NEED INFO Primary 237 54 54" CONC Outfall Primary 238 30 30" CONC Outfall Primary 240 0 NEED INFO Primary 241 0 NEED INFO Primary 242 60 60" CMP Outfall Primary 243 0 NEED INFO Primary 244 0 NEED INFO Primary 245 0 <null> Primary 246 84 84" CONC Outfall Primary 247 0 NEED INFO Primary 248 0 <null> Primary 249 12 12" CMP Outfall Primary 250 0 NEED INFO Primary 251 18 18" CONC Outfall Primary 252 18 18" CMP Outfall Primary 254 12 12" CMP Outfall Primary 256 12 <null> Primary 257 12 <null> Page 5 of 6 2021 NPDES Annual Report Attachment 7 - Outfall Inventory City of Federal Way Primary 259 12 <null> Primary 260 12 <null> Primary 268 12 <null> Primary 278 12 <null> Primary 279 12 <null> Primary 280 12 <null> Primary 281 12 <null> Primary 282 12 <null> Primary 283 12 <null> Primary 285 12 <null> Primary 286 12 <null> Primary 287 12 NEED INFO Private Outfall 78 0 NEED INFO Private Outfall 88 0 NEED INFO Private Outfall 100 0 NEED INFO Private Outfall 122 0 NEED INFO Private Outfall 173 15 15" CONC Outfall Private Outfall 181 0 NEED INFO Private Outfall 212 0 NEED INFO Private Outfall 216 0 NEED INFO Private Outfall 269 12 <null> Private Outfall 270 12 <null> Private Outfall 264 12 <null> Private Outfall 272 12 <null> Private Outfall 273 12 <null> Private Outfall 277 12 I<null> Page 6 of 6 2021 NPDES Annual Report Attachment 8 -Summary Of IDDE Actions in 2020 City of Federal Way Date Incident Date of Date of End of How Was the Incident Discharge to Incident Incident Pollutants Source or Source Tracing Correction/ Field Notes, Explanations, Jurisdiction Name Discovered or Beginning Your Your Response Discovered or Reported M547 Location Location Identified Cause Approach(es) Elimination and/or Other Reported to You Response to You? (Address) (City) Used Methods Used Comments No - cleaned City of Federal Way 1/2/2020 1/2/2020 2/24/2020 Source control up before WAR045516 Inspection reached MS4 No - cleaned City of Federal Way 1/2/2020 1/2/2020 2/20/2020 Source control up before WAR045516 Inspection reached MS4 No - cleaned City of Federal Way 1/3/2020 1/3/2020 2/6/2020 Private site Inspection up before WAR045516 reached MS4 No - cleaned City of Federal Way 1/6/2020 1/6/2020 1/11/2020 Private site Inspection up before WAR045516 reached MS4 No - cleaned City of Federal Way 12/9/2020 12/9/2020 2/4/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 1/9/2020 1/9/2020 1/27/2020 Private site Inspection up before WAR04S516 reached MS4 City of Federal Way No - cleaned 1/9/2020 1/9/2020 1/27/2020 Private site Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 1/28/2020 1/28/2020 6/4/2020 Private site Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 2/4/2020 2/4/2020 2/12/2020 Private site Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 2/6/2020 2/6/2020 4/20/202D Private site Inspection up before WARD45516 reached MS4 Page 1 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way Absorbent was used, sweeper Self -reported truck was Intersection at King County ERTS, deployed, andmetro King County City of Federal Way 2/15/2020 2/15/2020 2/18/2020 ERTS Referral Yes -notified Paciific Hwy S Federal Way Coolant Metro bus communicated impacted self- reported and WAR045516 Ecology BY & S 288th St mechanical with violator, and structure was failure cleaned it up. observations. cleaned out with vactor truck. No - cleaned City of Federal Way 2/24/2020 2/24/2020 2/24/2020 Staff Referral up before WAR045516 reached MS4 Self -reported No drains were ERTS, impacted, NRC Cura Emergency communicated cleaned up the City of Federal Way 2/23/2020 2/23/2020 2/24/2020 ERTS Referral Yes - notified 2535 S 320th Federal Way gasoline Customer error with Cura spill and Services WAR045516 Ecology St at pump station Emergency recollected reported ERTS, and NRC services, and water used to cleaned it up. observations. clean up spill. No - cleaned City of Federal Way 3/20/2020 3/20/2020 3/20/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way 3/5/2020 3/5/2020 3/10/2020 Pollution Hotline No - none WAR045516 found City of Federal Way 3/10/2020 3/10/2020 5/21/2020 Other: During another No - none WAR045516 IDDE inspection found City of Federal Way 3/10/2020 3/10/2020 5/21/2020 Staff Referral No - none WAR045516 found City of Federal Way 3/11/2020 3/11/2020 3/11/2020 Staff Referral No - none WAR045516 found Page 2 of 9 2021 NPDES Annual Report Attachment 8 -Summary of IDDE Actions in 2020 City of Federal Way Technical Oil spill assistance sent already gone Tenents of to property during apartment Observations, manager. inspection,ic City of Federal Way 3/16/2020 3/16/2020 4/2/2020 ERTS Referral Yes - notified 29225 Military Federal Way Oil performing and communited Property al Sentt technical WAR045516 Ecology Rd S vehicle with property manager will assistance to maintenance in manager. fine people who property parking lot drain hazardous manager and chemical into called them. drains. No - cleaned City of Federal Way 3/17/2020 3/17/2020 3/17/2020 Pollution Hotline u before p J 4M 4MW WAR045516 reached MS4 No - cleaned City of Federal Way 3/17/2020 3/17/2020 4/6/2020 Staff Referral up before WAR045516 reached M54 No - cleaned City of Federal Way 3/20/2020 3/20/2020 4/28/2020 Pollution Hotline up before WAR045516 reached MS4 Notice of Property owner Violation sent. City of Federal Way 3/26/2020 3/26/2020 3/26/2020 Staff Referral Yes -notified 2238 SW Federal Way Sediment/soil filled in Observations Property owner WAR045516 Ecology 313th St drainage ditch. removed filter material. No - cleaned City of Federal Way Direct Report To Your 3/26/2020 3/26/2020 4/2/2020 up before WAR045516 Staff reached MS4 City of Federal Way No - cleaned - 4/6/2020 4/6/2020 4/6/2020 ERTS Referral up before WAR045S16 reached MS4 Intersection S I Notified Concrete City of Federal Way Yes - notified 293rd PI & Concrete violator who slurry 4/9/2020 4/9/2020 4/9/2020 Staff Referral Federal Way Concrete slurry Observations contained in WAR045516 Ecology Redondo Way sawing activity cleaned up one catch S impacted drain. basin. City of Federal Way 4/16/2020 4/16/2020 4/20/2020 Staff Referral No - none WAR045516 found 7 No -cleaned City of Federal Way 4/16/2020 4/16/2020 4/20/2020 Direct Report To Your up before WAR045516 Staff, Staff Referral reached MS4 lia City of Federal Way 4/17/2020 4/17/2020 5/14/2020 Staff Referral No - none WAR045516 found Page 3 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way No - cleaned T City of Federal Way 4/28/2020 4/28/2020 6/1/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 4/29/2020 4/29/2020 5/21/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 4/29/2020 4/29/2020 5/21/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way 5/8/2020 5/8/2020 5/21/2020 ERTS Referral No - none .71 WAR045516 found Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 5/11/2020 5/11/2020 5/12/2020 ERTS Referral Yes - notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs 320th St turbid water to company installed. enter MS4 City of Federal Way 5/12/2020 5/12/2020 5/14/2020 Staff Referral No - none WARD45516 found No - cleaned City of Federal Way 5/14/2020 5/14/2020 5/21/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 5/14/2020 5/14/2020 5/20/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 5/15/2020 5/15/2020 6/9/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 5/21/2020 5/21/2020 6/24/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way Pollution Hotline, ERTS No - cleaned 5/21/2020 5/21/2020 6/24/2020 up before WAR045516 Referral reached MS4 Page 4 of 9 2021 NPDES Annual Report Attachment 8 -Summary of IDDE Actions in 2020 City of Federal Way Notice and Order Unconfirmed Illegal substances, fuel occupation of Correct sent to Observations, property City of Federal Way Yes -notified Parcel # or vehicle vacant communicated owner. Clean 5/22/2020 5/22/2020 7/1/2020 Staff Referral Federal Way related fluids, property. WAR045516 Ecology 3221049093 solid Occupants with police and up crew waste/trash, were apart of property owner. removed illicit materials, sewage illegal car ring. police cleared out trespassers. City of Federal Way 6/10/2020 6/10/2020 7/23/2020 Other: Source Control No - none WAR045516 found No - cleaned City of Federal Way 6/10/2020 6/10/2020 7/23/2020 Staff Referral up before - - WAR045516 reached MS4 Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 6/15/2020 6/15/2020 6/25/2020 ERTS Referral Yes - notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs 320th St turbid water to company installed. enter MS4 City of Federal Way 6/25/2020 6/25/2020 7/8/2020 Staff Referral No - none WAR045516 found City of Federal Way 6/25/2020 6/25/2020 7/8/2020 Staff Referral No - none WAR045516 found City of Federal Way 6/25/2020 6/25/2020 7/8/2020 Staff Referral No - none WAR045516 found City of Federal Way No - cleaned 6/29/2020 6/29/2020 7/20/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 7/9/2020 7/9/2020 10/8/2020 Other Agency Referral up before WAR045516 reached M54 City of Federal Way No - cleaned 7/9/2020 7/9/2020 8/6/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 7/9/2020 7/9/2020 7/23/2020 Pollution Hotline No - none WAR045516 found Page 5 of 9 2021 NPDES Annual Report Attachment 8 -Summary of IDDE Actions in 2020 City of Federal Way Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 7/17/2020 7/17/2020 7/23/2020 Staff Referral, ERTS Referral, Construction Yes -notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs Inspection 320th St turbid water to company installed. enter MS4 Improper Inspected storm Contractor City of Federal Way 7/17/2020 7/17/2020 8/11/2020 Pollution Hotline Yes - notified 37223 17th Federal Way Concrete slurry washing of drains and returned to WAR045516 Ecology Ave S concrete communicated clean up equipment with contractor. concrete. City of Federal Way 7/21/2020 7/21/2020 7/29/2020 Direct Report To Your No - none WAR045516 Staff found No - cleaned City of Federal Way 7/22/2020 7/22/2020 11/25/2020 Other: Source Control up before WAR045516 reached MS4 City of Federal Way 7/26/2020 7/26/2020 7/29/2020 Other Agency Referral No - none WAR045516 found No - cleaned City of Federal Way 7/27/2020 7/27/2020 8/11/2020 Other: Source Control up before WAR045516 reached MS4 Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 7/28/2020 7/28/2020 8/27/2020 Construction Inspection Yes - notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs 320th St turbid water to company installed. enter MS4 City of Federal Way 8/4/2020 8/4/2020 8/5/2020 Staff Referral No - none WAR045516 found City of Federal Way 8/6/2020 8/6/2020 8/11/2020 Staff Referral No - none WAR045516 found No - cleaned City of Federal Way 8/12/2020 8/12/2020 9/29/2020 Business Inspection up before WAR045516 reached MS4 No - cleaned City of Federal Way 8/12/2020 8/12/2020 9/25/2020 Business Inspection up before WAR045516 reached MS4 Page 6 of 9 2021 NPDES Annual Report Attachment 8 -Summary of IDDE Actions in 2020 City of Federal Way City of Federal Way 8/13/2020 8/13/2020 8/27/2020 Business Inspection No - none WAR045516 found City of Federal Way 8/17/2020 8/17/2020 8/17/2020 Pollution Hotline No - none WAR045516 found City of Federal Way 8/18/2020 8/18/2020 1/21/2021 Direct Report To Your No - none WAR045516 Staff found No - cleaned City of Federal Way 8/20/2020 8/20/2020 10/20/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way 8/27/2020 8/27/2020 12/3/2020 MS4 Inspection or No - none WAR045516 Screening found No - cleaned City of Federal Way 8/27/2020 8/27/2020 10/15/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 8/27/2020 8/27/2020 10/15/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 8/27/2020 8/27/2020 8/27/2020 Staff Referral No - none WAR045516 found No - cleaned City of Federal Way 9/9/2020 9/9/2020 9/30/2020 Staff Referral up before WAR045S16 reached MS4 City of Federal Way 9/16/2020 9/16/2020 9/25/2020 MS4 Inspection or No - none WAR04SS16 Screening found City of Federal Way 9/16/2020 9/16/2020 9/17/2020 Staff Referral No - none WAR045516 found No - cleaned City of Federal Way 9/18/2020 9/18/2020 9/23/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 9/18/2020 9/18/2020 11/6/2020 Staff Referral No - none WAR045516 found City of Federal Way No - cleaned 9/21/2020 9/21/2020 10/15/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 9/23/2020 9/23/2020 9/30/2020 Staff Referral up before WAR045516 reached MS4 Page 7 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way No - cleaned City of Federal Way 10/1/2020 10/1/2020 10/8/2020 Pollution Hotline up before WAR045516 reached MS4 No - cleaned City of Federal Way 10/1/2020 10/1/2020 10/29/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 10/7/2020 10/7/2020 10/29/2020 Other Agency Referral Unknown WAR045516 No - cleaned City of Federal Way 10/14/2020 10/14/2020 11/12/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 10/17/2020 10/17/2020 10/19/2020 ERTS Referral up before WAR045516 reached MS4 City of Federal Way 10/19/2020 10/19/2020 11/3/2020 Other Agency Referral No - none WAR045516 found City of Federal Way 10/19/2020 10/19/2020 10/22/2020 Pollution Hotline No - none WAR045516 found No - cleaned City of Federal Way 10/23/2020 10/23/2020 11/17/2020 Business Inspection up before WAR045516 reached MS4 City of Federal Way 11/6/2020 11/6/2020 11/9/2020 Direct Report To Your No - none WAR045516 Staff found City of Federal Way 11/9/2020 11/9/2020 11/10/2020 ERTS Referral No - none WAR045516 found City of Federal Way No - cleaned 11/10/2020 11/10/2020 11/12/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way No - cleaned 11/18/2020 11/18/2020 11/24/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 11/18/2020 11/18/2020 12/9/2020 Business Inspection up before WAR045516 reached MS4 City of Federal Way 11/18/2020 11/18/2020 12/10/2020 Staff Referral No - none WARD45516 found Page 8 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way Contractor Trucking Observations, cleaned out City of Federal Way 11/18/2020 11/18/2020 12/8/2020 Construction Inspection Yes -notified 30th PIS & S Federal Way Sediment/soil operations communications, and collected impacted WAR045516 Ecology 288th St caused turbid water samples structures and discharges installed for turbidity. sediment socks. City of Federal Way 11/27/2020 11/27/2020 12/2/2020 Direct Report To Your No - none WAR045516 Staff found City of Federal Way 12/2/2020 12/2/2020 1/19/2021 Business Inspection Unknown WAR045516 City of Federal Way 12/2/2020 12/2/2020 1/19/2021 Business Inspection Unknown WAR045516 No - cleaned City of Federal Way 12/9/2020 12/9/2020 12/22/2020 Staff Referral up before _ WAR045516 reached MS4 City of Federal Way 12/10/2020 12/10/2020 12/10/2020 ERTS Referral No - none WAR045516 found y City of Federal Way No - cleaned 12/14/2020 12/14/2020 1/12/2021 O&M/Facility Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 12/15/2020 12/15/2020 1/12/2021 O&M/Facility Inspection up before WAR045516 reached MS4 — City of Federal Way No - cleaned 12/17/2020 12/17/2020 1/20/2021 O&M/Facility Inspection up before WAR045516 reached M54 City of Federal Way 12/29/2020 12/29/2020 1/5/2021 Pollution Hotline No - none WAR045516 found City of Federal Way 12/30/2020 12/30/2020 12/31/2020 Pollution Hotline No - none Ito WAR045516 found Page 9 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way Date Incident Date of Date of End of How Was the Incident Discharge to Incident Incident Pollutants Source or Source Tracing Correction Field Notes,/ Explanations, Jurisdiction Name Discovered or Beginning Your Your Response Discovered or Reported MS4? Location Location Identified Cause Approach(es) Elimination and/or Other Reported to You Response to You? (Address) (City) Used Methods Used Comments No - cleaned City of Federal Way 1/2/2020 1/2/2020 2/24/2020 Source control up before PM WAR045516 Inspection reached MS4 No - cleaned City of Federal Way 1/2/2020 1/2/2020 2/20/2020 Source control up before WAR045516 nspection reached MS4 No - cleaned City of Federal Way 1/3/2020 1/3/2020 2/6/2020 Private site Inspection up before _ WAR045516 16 reached MS4 No - cleaned City of Federal Way 1/6/2020 1/6/2020 1/11/2020 Private site Inspection up before WAR045516 reached MS4 No - cleaned City of Federal Way 12/9/2020 12/9/2020 2/4/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 1/9/2020 1/9/2020 1/27/2020 Private site Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 1/9/2020 1/9/2020 1/27/2020 Private site Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 1/28/2020 1/28/2020 6/4/2020 Private site Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 2/4/2020 2/4/2020 2/12/2020 Private site Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 2/6/2020 2/6/2020 4/20/2020 Private site Inspection up before WAR045516 reached MS4 Page 1 of 9 2021 NPDES Annual Report City of Federal Way Attachment 8 -Summary of IDDE Actions in 2020 Absorbent was used, sweeper Self -reported truck was Intersection at King County ERTS, deployed, and King County City of Federal Way 2/15/2020 2/15/2020 2/18/2020 ERTS Referral Yes -notified Paciific Hwy S Federal Way Coolant Metro bus communicated impacted metro self- WAR045516 Ecology & S 288th St mechanical with violator, and structure was reported and failure cleaned it up. observations. cleaned out with vactor truck. No - cleaned City of Federal Way 2/24/2020 2/24/2020 2/24/2020 Staff Referral up before WAR045516 reached M54 Self -reported No drains were ERTS, impacted, NRC Cura communicated cleaned up the Emergency City of Federal Way 2/23/2020 2/23/2020 2/24/2020 ERTS Referral Yes -notified 2535 S 320th Federal Way gasoline Customer error with Cura spill and Services WAR045516 Ecology St at pump station Emergency recollected reported ERTS, and NRC services, and water used to cleaned it up. observations. clean up spill. No - cleaned City of Federal Way 3/20/2020 3/20/2020 3/20/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way 3/5/2020 3/5/2020 3/10/2020 Pollution Hotline No - none WAR045516 found City of Federal Way 3/10/2020 3/10/2020 5/21/2020 Other: During another No - none WAR045516 IDDE inspection found City of Federal Way 3/10/2020 3/10/2020 5/21/2020 Staff Referral No - none WAR045516 found City of Federal Way 3/11/2020 3/11/2020 3/11/2020 Staff Referral No - none WAR045516 found Page 2 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way Technical Oil spill assistance sent already gone Tenents of to property during apartment Observations, manager, City of Federal Way Yes - notified 29225 Military performing and communited Property inspection. WAR045516 3/16/2020 3/16/2020 4/2/2020 ERTS Referral Ecology Rd S Federal Way Oil vehicle with property manager will Sent technical maintenance in manager. fine people who assistance to parking lot drain hazardous property manager and chemical into called them. drains. No - cleaned City of Federal Way 3/17/2020 3/17/2020 3/17/2020 Pollution Hotline up before WAR045516 reached MS4 . .. No - cleaned City of Federal Way 3/17/2020 3/17/2020 4/6/2020 Staff Referral up before # �. WAR045516 reached MS4 City of Federal Way No - cleaned 3/20/2020 3/20/2020 4/28/2020 Pollution Hotline up before WAR045516 reached MS4 Notice of City of Federal Way Yes - notified 2238 SW Property owner Violation sent, 3/26/2020 3/26/2020 3/26/2020 Staff Referral Federal Way Sediment/soil filled in Observations Property owner WAR04SS16 Ecology 313th St drainage ditch. removed filter material. City of Federal Way Direct Report To Your No - cleaned 3/26/2020 3/26/2020 4/2/2020 up before WAR045516 Staff reached MS4 City of Federal Way No - cleaned 4/6/2020 4/6/2020 4/6/2020 ERTS Referral up before WAR045516 reached MS4 Intersection S Notified Concrete City of Federal Way 4/9/2020 4/9/2020 4/9/2020 Staff Referral Yes - notified 293rd PI & Federal Way Concrete slurry Concrete Observations violator who slurry contained in WAR045516 Ecology Redondo Way sawing activity cleaned up S impacted drain. one catch basin. City of Federal Way 4/16/2020 4/16/2020 4/20/2020 Staff Referral No - none WAR045516 found City of Federal Way 4/16/2020 4/16/2020 4/20/2020 Direct ReportYour No - cleaned up before WAR045516 Staff, Staff Referral reached MS4 City of Federal Way 4/17/2020 4/17/202D 5/14/2020 Staff Referral No - none WAR045516 found Page 3 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way No - cleaned City of Federal Way 4/28/2020 4/28/2020 6/1/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 4/29/2020 4/29/2020 5/21/2020 Staff Referral up before WAR045516 reached M54 No - cleaned City of Federal Way 4/29/2020 4/29/2020 5/21/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way 5/8/2020 5/8/2020 5/21/2020 ERTS Referral No - none WAR045516 found Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 5/11/2020 5/11/2020 5/12/2020 ERTS Referral Yes - notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs 320th St turbid water to company installed. enter MS4 City of Federal Way 5/12/2020 5/12/2020 5/14/2020 Staff Referral No - none WAR045516 found City of Federal Way No - cleaned 5/14/2020 5/14/2020 5/21/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned f 5/14/2020 5/14/2020 5/20/2020 Staff Referral up before WAR045516 reached MS4 C City of Federal Way No - cleaned 5/15/2020 5/15/2020 6/9/2020 Staff Referral up before WAR04SS16 reached MS4 City of Federal Way No - cleaned 5/21/2020 5/21/2020 6/24/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way Pollution Hotline, ERTS No - cleaned 5/21/2020 5/21/2020 6/24/2020 up before WAR045516 Referral reached MS4 Page 4 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way Notice and Order to Unconfirmed Illegal substances, fuel occupation of Observations, Correct sent to property City of Federal Way Yes -notified Parcel # or vehicle vacant communicated owner. Clean 5/22/2020 5/22/2020 7/1/2020 Staff Referral Federal Way related fluids, property. WAR045516 Ecology 3221049093 solid Occupants with police and up crew waste/trash, were apart of property owner. removed illicit materials, sewage illegal car ring. police cleared out trespassers. City of Federal Way 6/10/2020 6/10/2020 7/23/2020 Other. Source Control No - none Mr WAR045516 found No - cleaned City of Federal Way 6/10/2020 6/10/2020 7/23/2020 Staff Referral up before WAR045516 reached MS4 Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 6/15/2020 6/15/20Z 6/25/2020 ERTS Referral Yes - notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs 320th St turbid water to company installed. enter MS4 City of Federal Way 6/25/2020 6/25/2020 7/8/2020 Staff Referral No - none WAR045516 found City of Federal Way 6/25/2020 6/25/2020 7/8/2020 Staff Referral No - none WAR045516 found City of Federal Way 6/25/2020 6/25/2020 7/8/2020 Staff Referral No - none WAR045516 found City of Federal Way No - cleaned 6/29/2020 6/29/2020 7/20/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 7/9/2020 7/9/2020 10/8/2020 Other Agency Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 7/9/2020 7/9/2020 8/6/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 7/9/2020 7/9/2020 7/23/2020 Pollution Hotline No - none WAR045516 found Page 5 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 7/17/2020 7/17/2020 7/23/2020 Staff Referral, ERTS Referral, Construction Yes - notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs Inspection 320th St turbid water to company installed. enter MS4 Improper Inspected storm Contractor City of Federal Way 7/17/2020 7/17/2020 8/11/2020 Pollution Hotline Yes - notified 37223 17th Federal Way Concrete slurry washing of drains and returned to WAR045516 Ecology Ave S concrete communicated clean up equipment with contractor. concrete. City of Federal Way 7/21/2020 7/21/2020 7/29/2020 Direct Report To Your No - none WAR045516 Staff found i No - cleaned — City of Federal Way 7/22/2020 7/22/2020 11/25/2020 Other: Source Control up before WAR045516 reached MS4 City of Federal Way 7/26/2020 7/26/2020 7/29/2020 Other Agency Referral No - none WAR045516 found — No - cleaned j City of Federal Way 7/27/2020 7/27/2020 8/11/2020 Other: Source Control up before WAR045516 reached MS4 _ - Rain Sound Transit overwhelmed Observations and Vactor truck City of Federal Way 7/28/2020 7/28/2020 8/27/2020 Construction Inspection Yes - notified construction Federal Way Sediment/soil Kiewit's BMPs communication deployed and WAR045516 Ecology site: 22XX and caused with construction more BMPs 320th St turbid water to company installed. enter MS4 City of Federal Way 8/4/2020 8/4/2020 8/5/2020 Staff Referral No - none WAR045516 found City of Federal Way 8/6/2020 8/6/2020 8/11/2020 Staff Referral No - none WAR04SS16 found City of Federal Way No - cleaned 8/12/2020 8/12/2020 9/29/2020 Business Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 8/12/2020 8/12/2020 9/25/2020 Business Inspection up before WAR04S516 reached MS4 Page 6 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way City of Federal Way 8/13/2020 8/13/2020 8/27/2020 Business Inspection No - none WAR045516 found City of Federal Way 8/17/2020 8/17/2020 8/17/2020 Pollution Hotline No - none WAR04SS16 found City of Federal Way 8/18/2020 8/18/2020 1/21/2021 Direct Report To Your No - none WAR045516 Staff found No - cleaned City of Federal Way 8/20/2020 8/20/2020 10/20/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way 8/27/2020 8/27/2020 12/3/2020 MS4 Inspection or No - none WAR045516 Screening found No - cleaned City of Federal Way 8/27/2020 8/27/2020 10/15/2020 Staff Referral up before WAR045516 reached MS4 No - cleaned City of Federal Way 8/27/2020 8/27/2020 10/15/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 8/27/2020 8/27/2020 8/27/2020 Staff Referral No - none WARD45516 found City of Federal Way No - cleaned 9/9/2020 9/9/2020 9/30/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 9/16/2020 9/16/2020 9/25/2020 MS4 Inspection or No - none WAR045516 Screening found City of Federal Way 9/16/2020 9/16/2020 9/17/2020 Staff Referral No - none WAR045516 found City of Federal Way No - cleaned 9/18/2020 9/18/2020 1 9/23/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 9/18/2020 9/18/2020 11/6/2020 Staff Referral No - none WAR045516 found City of Federal Way No - cleaned 9/21/2020 9/21/2020 10/15/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned 9/23/2020 9/23/2020 9/30/2020 Staff Referral up before WAR04SS16 reached MS4 Page 7 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way No - cleaned City of Federal Way 10/1/2020 10/1/2020 10/8/2020 Pollution Hotline up before WAR045516 reached MS4 City of Federal Way No - cleaned 10/1/2020 10/1/2020 10/29/2020 Staff Referral up before WAR045516 reached M 54 City of Federal Way 10/7/2020 10/7/2020 10/29/2020 Other Agency Referral Unknown WAR045516 City of Federal Way No - cleaned 10/14/2020 10/14/2020 11/12/2020 Staff Referral up before WAR045516 reached M 54 City of Federal Way No - cleaned 10/17/2020 10/17/2020 10/19/2020 ERTS Referral up before WAR045516 reached MS4 City of Federal Way 10/19/2020 10/19/2020 11/3/2020 Other Agency Referral No - none WAR045516 found City of Federal Way 10/19/2020 10/19/2020 10/22/2020 Pollution Hotline No - none WAR045516 found City of Federal Way No - cleaned 10/23/2020 10/23/2020 11/17/2020 Business Inspection up before WAR045516 reached MS4 City of Federal Way 11/6/2020 11/6/2020 11/9/2020 Direct Report To Your No - none WAR045516 Staff found City of Federal Way 11/9/2020 11/9/2020 11/10/2020 ERTS Referral No - none WAR045516 found City of Federal Way No - cleaned 11/10/2020 11/10/2020 11/12/2020 Pollution Hotline up before WAR04SS16 reached MS4 City of Federal Way No - cleaned 11/18/2020 11/18/2020 11/24/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way No - cleaned WAR04SS16 11/18/2020 11/18/2D20 12/9/2020 Business Inspection up before reached MS4 City of Federal Way 11/18/2020 11/18/2020 12/10/2020 Staff Referral No - none WAR045516 found Page 8 of 9 2021 NPDES Annual Report Attachment 8 - Summary of IDDE Actions in 2020 City of Federal Way Contractor Trucking Observations, cleaned out City of Federal Way Yes -notified 30th PIS & S operations communications, impacted 11/18/2020 11/18/2020 12/8/2020 Construction Inspection Federal Way Sediment/soil and collected WAR045516 Ecology 288th St caused turbid structures and water samples discharges installed for turbidity. sediment socks. City of Federal Way 11/27/2020 11/27/2020 12/2/2020 Direct Report To Your No - none I l i WAR045516 Staff found City of Federal Way 12/2/2020 12/2/2020 1/19/2021 Business Inspection Unknown WAR045516 City of Federal Way 12/2/2020 12/2/2020 1/19/2021 Business Inspection Unknown WAR045516 City of Federal Way No - cleaned 12/9/2020 12/9/2020 12/22/2020 Staff Referral up before WAR045516 reached MS4 City of Federal Way 12/10/2020 12/10/2020 12/10/2020 ERTS Referral No - none WAR045516 found City of Federal Way No - cleaned_ 12/14/2020 12/14/2020 1/12/2021 O&M/Facility Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 12/15/2020 12/15/2020 1/12/2021 O&M/Facility Inspection up before WAR045516 reached MS4 City of Federal Way No - cleaned 12/17/2020 12/17/2020 1/20/2021 O&M/Facility Inspection up before WAR045516 reached MS4 City of Federal Way 12/29/2020 12/29/2020 1/5/2021 Pollution Hotline No - none WAR045516 found City of Federal Way 12/30/2020 12/30/2020 12/31/2020 Pollution Hotline No - none WAR045516 found Page 9 of 9 Attachment 9 - G20 Letter (Question #59a) CITY OF CITY HALL Federal Way Feder Avenue South • Box 9718 Federall Way, WA 98063-971818 (253) 835-7000 www a1yolfederalway com August 11, 2020 Department of Ecology — NWRO Attn: Danielle DeVoe 3190 160th Ave. SE Bellevue, WA 98008 RE. G20 Notification Letter of Catch Basin Maintenance Tmmeframe Noncompliance Dear Ms. DeVoe, Per the requirement stipulated in the NPDES Phase Il Western Washington Municipal Stormwater Permit (Permit) (2019-2024) Section G20, the City of Federal Way (City) is hereby providing the Department of Ecology written notification that on July 7, 2020, Surface Water Management (SWM) Division staff became aware of noncompliance regarding the timeframe requirement for maintenance of catch basins in 2019. This noncompliance was discovered by SWM staff while communicating with the vactor services provider (Provider) who was unable to complete the catch basin cleaning in the timeframe stipulated by the City. Per Permit requirement S5.C.7.a.ii, "when an inspection identifies an exceedance of the maintenance standard [as set forth in the City -adopted 2016 King County Stormwater Design Manual], maintenance shall be performed ... within six (6) months for catch basins." While required maintenance was completed for all catch basins exceeding the maintenance standard, we became aware of exceeding the 6-month timeframe when the Provider did not complete the cleaning by July 7, 2020. All catch basin inspections were initiated in late 2019 and inspection results were completed and uploaded into the City's ArcGIS system as of January 7, 2020—the beginning of the 6- month maintenance timeframe. Confirmation from the Provider of completion of work was provided on July 23, 2020, which makes the final maintenance exceedance a total of 12 business days (16 calendar days). Task Order #4 for catch basin maintenance was issued to the Provider on May 13, 2020, with an estimate that the cleaning would take approximately 21 days to complete. The Provider was unresponsive initially, and after multiple attempts at communication with the Provider, they eventually stated that they would be unable to perform the work due to cars being parked over a majority of the residential catch basins (due to citizens staying at home during the Covid-19 pandemic). ct'voiiel':SWl4fi7ars Nf i7E51':119-'� I'crmn [.:yc1� Tkiu menEtil�t�_1 :annual I�crn,n11 1�.IL t,20 E.�ucr_('R fnsn inn i'a-onram [Ii-11-'_f]?U i�x c On June 22, 2020, SWM staff contacted the Provider and requested that cleaning begin immediately, citing contract obligations as reviewed by the City's legal department. It was also made clear that no cleaning had been completed to date and that the cleaning must be completed by the Provider, to the maximum extent possible, by the deadline of July 7, 2020. Owing to the Provider's continued noncompliance after multiple requests to begin cleaning any accessible catch basins outlined in the Task Order, SWM staff went into the field to determine the actual number of inaccessible catch basins. On June 23, 2020, SWM staff observed that only four percent of catch basins were inaccessible. SWM staff promptly relayed this information to the Provider, and they emailed SWM staff on June 25, 2020 that work would begin immediately. Based on maintenance records, the Provider commenced work on June 26, 2020, and completed the required catch basin maintenance on July 23, 2020. Upon review of the maintenance timeline exceedance, SWM staff identified the following factors and circumstances that contributed to these exceedances: • The Provider cited the Covid-19 pandemic and the increased number of cars parked on residential streets as the primary cause for their inability to complete the work on time. Despite the time exceedance for completing catch basin maintenance in 2020, all catch basins that were identified as needing maintenance during the inspections in 2019 were cleaned in 2020, as required by the Permit. Moving forward, the City will take steps to prevent a reoccurrence of this noncompliance by: • Proposing the addition of an Asset Manager position with the SWM Division in 2021 to increase City staff oversight of catch basin inspection and maintenance timelines provided by the vactor services provider to ensure maintenance is completed by the provider within the required six (6) month time period; and, • Proposing the purchase of a City -owned vactor truck in 2021 in accordance with the Surface Water Management Comprehensive Plan. The City -owned vactor truck will allow for a portion of the required catch basin maintenance to be completed in-house, thus facilitating the timely completion of all catch basin maintenance by both the City and the vactor services provider. Please let me know if you require additional information or have any questions. Regards, r�:�e ill BA9 �OeRe Edward J. Walsh IV, P.E. Public Works Director City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 cc: Theresa Thwrlow,RE, Surface Water Manager Ryan Thomas, SWM Maintenance Crew Supervisor Leah Myhre, Water Quality & NPDES Permit Program Coordinator •,It-1i1.7 i1e I �SkVAt T7nLu1NPQESt?0191-24 Permit Cycle DOU11nenrsQ021 Annual R:IxortlrTNAI _(1201 vtur C 13 fnsmwon Proaram 0&11= U2I.I_di5e.N COUNCIL MEETING DATE: March 16, 2021 ITEM #- 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LED STREET LIGHT CONVERSION — CITY -OWNED LIGHTS PRJECT — FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the LED Street Light Conversion — City -Owned Lights Project constructed by Ameresco, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 1, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated March 1, 2021. Options Considered: 1. Authorize final acceptance of the LED Street Light Conversion — City -Owned Lights Project constructed by Ameresco, Inc. in the amount of $1,955,613.42 as complete. 2. Do not authorize final acceptance of the completed LED Street Light Conversion — City -Owned Lights Project constructed by Ameresco, Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the March 16, 2021 Council Consent Agenda for approval. , MAYOR APPROVAL: DIRECTOR APPROVAL: f� y Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 16, 2021 council consent agenda for approval. t/ i c-_ eve L °L c3yti e �e ir►c �_y J o` 1.4 1 C.. 4�e-( a e o_ v% f C Ir',P— yi G Q. Greg Bareso. Committee Chair Martin Moore- Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to accept the LED Street Light Conversion — City -Owned Lights Project constructed by Ameresco, Inc. as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 1, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Desire6 S. Winkler, P.E., Deputy Public Works Director SUBJECT: LED Street Light Conversion — City -Owned Lights Project —Final Acceptance Financial Tmpacts: The cost to the City for the LED Street Light Conversion — City -Owned Lights Project was included within the approved budget under the Public Works Department, Capital Project #208. In accordance with the approved budget, this item is funded by a WA State Department of Commerce Grant, street light conversion rebate, and an interfund loan / future bond sale. Loan and bond payments are funded from the annual energy and maintenance savings resulting from this project. No additional funds are proposed to be spent as part of this project. Background lnrormation: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The LED Street Light Conversion — City -Owned Lights Project contract with Ameresco, Inc. is complete. The Final construction contract amount is $1,955.613.42. This is $38,999.21 below the $1,994,612.63 (including contingency) that was included in the approved budget by the City Council on July 18, 2017. Project Budget (City -owned lights only) Expenditures Project Management, Design, Construction Management, Measurement and Verification (2,300 City -owned lights) $ 750,037.39 Construction (2,300 City -owned lights) $1 955.613.42 TOTAL $2 705,650.81 Revenue WA State Department of Commerce Grant $ 350,000.00 PSE Rebate $ 179,825.31 Loan / Future Bond Sale* $2 175,825.50 TOTAL $2 705,650.8I *Annual energy and maintenance savings = $210,000 This project will also fund the conversion of approximately 2,700 PSE-owned (City -leased) lights. The costs for the PSE-owned street light conversion will be approximately $350,000.00 with an annual energy and maintenance savings of $75,000. Rev. 6/2020 COUNCIL MEETING DATE: March 16, 2021 ITEM #: 6 a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UPDATED PROGRAM YEAR 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should City Council approve the Updated Program Year 2021 Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: March 9, 2021 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2. Updated 2021 CDBG Annual Action Plan Options Considered: 1. Approve the proposed Updated Program Year 2021 CDBG Annual Action Plan. 2. Do not approve proposed Updated Program Year 2021 CDBG Annual Action Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: •�I�Y�Z� f [nisiall�e COMMITTEE RECOMMENDATION: I move to forward the proposed Updated Program Year 2021 CDBG Annual Action Plan to the March 16, 2021 agenda for public hearing. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Updated Program Year 2021 CDBG Annual Action Plan recommended by the Human Services Commission and authorize the Mayor to execute all necessary documents to implement the Plan and the corresponding funding agreements with the U.S. Department of Housing and Urban Development. " (BELOW TO BE COMPLETED BY CITYCLERK S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 23, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager 8f Brittany Julius, CDBG/Human Services Coordinator SUBJECT: Updated Program Year 2021 Community Development Block Grant (CDBG) Annual Action Plan Financial Impacts: The Program Year 2021 Community Development Block Grant (CDBG) Annual Action Plan was included within the proposed budget under the Community Development Department. In accordance with the proposed budget, this item is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) in the amount of $768,610. The grant will fully reimburse the costs incurred by the City to carry out the projects or to reimburse subrecipients for expenses incurred in carrying out the projects. Background Information: The Annual Action Plan is the annual work and spending plan for the City of Federal Way's CDBG funds from HUD. An Action Plan is required for each year of the 2020-2024 Consolidated Plan. The Updated PY 2021 Action Plan is for the second year of the Consolidated Plan program period and reserves between $403,610 and $440,610 for a to be determined shelter project for adults. The funds are capital funds towards acquisition and/or rehabilitation costs. The funds are available as the City is suspending the use of CDBG funds for the Section 108 debt service for the Performing Arts and Event Center and has enough prior year Housing Repair Program funds to sustain the program through 2021. Further, the City may stop the CDBG supported Code Compliance, providing an additional $37,000 in 2021. The City's approved CDBG program goals are: • Expand economic opportunities; • Preserve affordable housing; • Prevent and address homelessness; and + Establish and maintain suitable living environments. Addressing homelessness continues to be a priority for the City. In 2018, the Mayor's Homelessness Task Force identified shelter as one of the recommended actions for the City to take in addressing homelessness while specifically prioritizing 24/7 shelter models. The COVID-19 pandemic has further highlighted gaps in the local and sub -regional homeless services delivery system. Particularly, considering that Reach Out has long operated as the City's sole adult shelter and it operated only six months each year. While the pandemic has extended the shelter to a year-round shelter, it is no longer located in the City. Additionally, a shelter model that relies on rotating locations can be difficult for people in crisis who need the stability that a permanent shelter location is better suited to provide. Further, on October 28, 2019 Council adopted a number of recommendations from the Mayor's Homelessness Task Force. This included the Mayor's and staff recommendation to expand shelters and plan for a year-round shelter for adult men and women. Staff, with the support of Mayor Ferrell, have proceeded with shelter planning discussions since that time. While the City provides general fund and CDBG grant funding to a number of social service agencies for homelessness prevention and homeless services, allocation of CDBG funding is lower to that goal than the other three goals. The funding provides an opportunity to address homelessness by planning for permanent shelter and offering a larger capital investment than the City would have been able to in the past. At this time, there is not a provider or project identified. The City will use a competitive process such as a letter of interest and/or application. While the Annual Action Plan will not require further Council action once a project is identified, any project will be brought before City Council for consideration. The Human Services Commission considered the Updated Program Year 2021 Annual Action Plan at its regular meeting on February 22, 2021, and voted unanimously to "recommend the City Council approve the proposed Updated 2021 Annual Action Plan and that in the event additional funds become available, public service projects and planning and administration receive pro rata increases if applicable and any remaining fiends be allocated to the shelter project." Since the Human Services Commission meeting, the actual 2021 allocation has become available. The pro rata increases have been incorporated and shelter funding updated. Mayor's Recommendation: Approve the Updated 2021 Annual Action Plan including up to $440,610 to a shelter project for adults. CITY OF Federal Way Centered on Opportunity Community Development Block Grant (CDBG) Updated 2021 Annual Action Plan Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-05 Executive Summary - 91.200(c), 91.220(b) Al. Introduction Updated 2021 Annual Action Plan The Updated 2021 Annual Action Plan includes the following. This does not qualify as amendment as the plan has not been submitted to the U.S. Department of Housing and Urban Development. Executive Summary At the time of the initial public process in the fall of 2020, the City included funds originally planned for the Section 108 loan debt repayment in the Housing Repair Program as discussed in the plan narrative, with the intent of reallocating these funds at a later time. This updated plan reallocates these funds to a shelter project. The update is also reallocating Housing Repair funds as COVID-19 has impacted projects and the program staff have evaluated and determined that the unused funds from 2020 are sufficient to implement the Housing Repair Program in 2021 without additional funding. All of these funds will be allocated to as -yet -to -be determined shelter project. Additionally, it is anticipated that CDBG-funded Code Compliance will not occur in 2021, due to program alignment. Should that decision be made, the $37,000 will be allocated to the shelter project. The City will use a process in accordance with procurement for awarding funds for the purpose of adult shelter in the City of Federal Way. All funds are for capital acquisition or rehabilitation. A4. Summary of Citizen Participation Process and consultation process For the Updated Amendment, the City will use the following public participation process: • Request for public comments and input was emailed to stakeholders and service agencies on February 4, 2020 seeking input February 12, 2021 through March 16, 2021. • A Notice of Public Hearing was published in the Federal Way Mirror on February 12, 2021, notifying the public of public hearings to be held on February 22, 2021 and March 16, 2021, and to announce the comment period on the Updated 2021 Annual Action Plan. • An opportunity for public comment was provided on February 22, 2021, before the Human Services Commission, to receive input on the Updated 2021 Annual Action Plan. AS. Summary of Public Comments A summary will be added as comments are received. A6. Summary of comments or views not accepted and the reasons for not accepting them A summary will be added should any comments not be accepted. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) A7. Summary A summary will be added after the public comment period. AP-12 Participation - 91.401, 91.105, 91.200(c) Al. Summary of citizen participation process/Efforts made to broaden citizen participation The Updated 2021 Annual Action Plan will be available for public review from February 12, 2021 to March 16, 2021 on the City of Federal Way website and by email or mail, if requested. AP-35 Projects - 91.420, 91.220(d) Introduction The Updated 2021 Annual Action Plan reallocates funding from the Housing Repair Program to a shelter project for adults. It includes a contingency that should Code Compliance not be funded with CDBG funds, those funds will also be used to support the shelter project. The Housing Repair Program will not be funded with 2021 CDBG funds, but will continue to operate throughout the year with funding remaining from prior years. Project Information # Project Name 2- Ne ring RepaiY PFegFam 2 Shelter Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives — 91.420, 91.220(c)(3))&(e) Project INam& Me 0 140pair RrG9FaPR �" Goals supperW4 or a A#aFdable. 4e44nu Needs Addre nfF.,rdahlo 4& rinn TlffileFFM 'GPBG--. $792,'! 2'� Dacsc;alptiGrnv HousingffeffaM helni.,n lr.W anrl_rv. - h.f+m._.....sers . their harries to a safe Rditir.n QM EStl rr. ate tho nWMI@e and type of famil:er. that A►li-Ill i. r.Refit ireM the proposed ..t1..0t1e 70 I.. Rd moderate o he eholds willbenefit. be homeew,eFs-in the G+ty Peder-ral-Way. SpecifIe Recipients -FRust of locations will lRe deteffniAed-. Planned Astivities Housing f9F alc lv� leew and FRE)deFate iRco FepaiF Lyc y , ,, r r A D ihilit .impFayemeRtS aFe air ensider _ OR though 04; and Ee ca case by e -hasir- 2 Project Name Target Area Goals Supported Shelter Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $38 403.610 to *$"� 40,610 *Contingency: Should funds become available from Code Compliance, they will be allocated to the Shelter Project. Establish an adult shelter in the City of Federal Way. 12/31/2022 Description Target Date Estimate the number and type of families that will benefit from the proposed activities To be determined once a site has been identified Location Description Planned Activities Capital Project will be at a to be determined site. Work with a nonprofit agency to establish shelter in the City of Federal Way through the acquisition of property. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 3 I Project Name Target Area Code Compliance* Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $37,000 *May remove funding due to project alignment with CDBG. Should this occur, the CDBG funds will be allocated to a shelter project. Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Support code compliance related to City Zoning and codes in areas of the City that are 51% or great low- and moderate -income and are deteriorating or deteriorated. 12/31/2021 25 housing units. Census tracts and/or block groups at or above 51% low- and moderate - income and either with signs of deterioration or in a deteriorated condition. Code compliance. Annual Action Plan 2021 61 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Federal Way presents this Annual Action Plan for the 2021 Program Year Community Development Block Grant (CDBG) program funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services Commission recommendations, Community Services Division staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. 2. Summarize the objectives and outcomes identified in the Plan The Consolidated Plan establishes local priorities consistent with national objectives and the US Department of Housing and Urban Development Community Development Block Grant (CDBG) program. The identified goals are in this Consolidated Plan are: m Expand economic opportunities - increase local opportunities and create jobs. • Preserve affordable housing - ensure access to healthy, safe, affordable housing for low- and moderate -income households throughout the City and advance fair housing to address discrimination. • Prevent and address homelessness - make homelessness rare, brief, and one-time and eliminate racial disparities. e Establish and maintain suitable living environments - create a healthy, integrated, and vibrant community by improving the well-being and mobility of low- and moderate -income residents through an array of services addressing basic needs and progress toward self-sufficiency. In addition, the 2021 Annual Action Plan provides for planning and the administration of the Community Development Block Grant program in order to meet community needs and HUD requirements. Strategies in the Consolidated Plan will be implemented with CDBG funds provided by HUD. Based on its 2020 formula allocation, the City estimates that approximately $735,417 in grant funds will be available in 2021. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Performance data and evaluation will be added after the completion of the 2020 program year, which ends December 31, 2020. The COVID-19 pandemic has impacted the City and its citizens in numerous ways. CDBG funds have provided meaningful access to services allowing the City to meet the needs of Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) additional low- and moderate -income households. The added funding through the CARES Act is essential in meeting new and changing needs in the community. COVID-19 has also changed many of the funded programs creating delays in some such as housing repair. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City had an established public participation process, as outlined below: • Notice of Funds Available for PY2021/PY2022 CDBG Public Services funds was published in the Federal Way Mirror on February 28, 2020. Notice of Funds Available for PY2021/PY2022 CDBG Public Services Funds extension was published in the Federal Way Mirror on March 20, 2020. • Request for public comments and input was emailed to stakeholders and service agencies on November 9, 2020 seeking input through November 17, 2020. • A Notice of Public Hearing was published in the Federal Way Mirror on October 9, 2020, notifying the public of public hearings to be held on October 19, 2020 and November 17, 2020, and to announce the comment period on the 2021 Annual Action Plan. • An opportunity for public comment was provided on October 19, 2020, before the Human Services Commission, to receive input on the 2021 Annual Action Plan. e A public hearing was held on November 17, 2020, before the Federal Way City Council to receive input on the 2021 Annual Action Plan. S. Summary of public comments In the fall 2020 public comment period, Kathy Powers with Orion thanks the Human Services Commission for work on the application review and evaluation as well as preliminary recommendations. Ms. Powers reviewed Orion's programs and the impact of CDBG funding for Federal Way residents. Ms. Cynthia Ricks-Maccotan comments on support of the 2021 Annual Action Plan. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted on the 2021 Annual Action Plan during the fall 2020 public comment period. Should any comments not be accepted in spring 2021, a summary of public comments not accepted will be added as received during the public comment period on the Updated 2021 Annual Action Plan. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 7. Summary Public comments received supported the annual action plan as presented and,highlighted its impact. Should public comments be received, a summary will be added on the Updated 2021 Annual Action Plan. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role CDBG Administrator Narrative Name FEDERAL WAY Table 1— Responsible Agencies Department/Agency Community Services Division The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Sarah Bridgeford, Community Services Manager, is the program administrator. Brittany Julius, CDBG Coordinator, is the primary staff responsible for the day-to-day implementation of the program. Additionally, numerous non-profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Consolidated Plan Public Contact Information Brittany Julius CDBG Coordinator 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) (253) 835-2609 (facsimile) Brittany.Julius@cityoffederalway.com Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. The City follows and regularly updates the Citizen Participation Plan for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Plan, and provide input for the implementation and program evaluation phases in future years. During the process of developing the Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County having common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate -income persons and households, as well as people experiencing homelessness. The City also works with other members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with each other, stakeholders, public housing authorities (PHAs), including the King County Housing Authority, and for the Continuum of Care, nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Commerce. This coordination takes place regularly and informs recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City of Federal Way participates in both local and regional approaches and engages in ongoing coordination between other jurisdictions, housing and homeless services providers, health providers, and service agencies. The collaboration includes monthly human services planners' meetings and participation in numerous formal and informal regional collaborations such as the Joint Recommendations Committee (JRC), South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee (AHC), and AHC's Housing Interjurisdictional Team (HUT). The City is also a member of the King County Human Services Funder Collaborative, which provides a more streamlines process for human service agencies and increase collaboration and alignment, when appropriate, between cities. This coordination is ongoing throughout the year and, along with other community engagement and public meetings, informs the development of the Consolidated Plan and the decision - making of groups such as the Human Services Commission. Annual Action Plan 2021 10 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoC) is critical to our region's implementation The City will look for ways of participating in and collaborating with the newly established Regional Homelessness Authority and its Advisory Committee, which will serve as the Continuum of Care. The City of Federal Way supports the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City provides financial support for these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of persons experiencing homelessness. Efforts by the City and our many human services partners are targeted to help homeless persons meet three goals: • achieve residential stability; • increase skill levels and/or incomes; and • strengthen their ability to influence decisions that affect their lives. The City has convened efforts around family homelessness seeking shelter in the City as it is recognized that keeping families in the community they are from and connected to will result in greater success for the families. FUSION, a local nonprofit, is opening a family shelter in the City. The City supported the project during its development by funding a feasibility study with State funds and through a grant of local general funds in fall of 2020. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and the Homelessness Action Committee, focusing on developing resources in South King County. The City also participates in the annual Count Us In, Point in Time Count, which provides invaluable data for planning. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous faith -based organizations that provide regular services and support to people experiencing homelessness in our community. While COVID-19 is impacting these services, the partnership is essential and likely to return when it is safe to reopen. Annual Action Plan 2021 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS McKinney-Vento funding for the Emergency Solutions Grant (ESG) is administered by King County and allocated through a competitive process. The City of Federal Way regularly collaborated with King County and maintains a close working relationship with other communities, especially those in South King County, to provide input. Staff have a voting position on the Joint Recommendation Committee (JRC) on a rotating basis. The JRC approves funding and plans for the ESG program. Annual Action Plan 2021 12 OMB Control No: 2506-0117 (exp. 06/30/2018) 2. Agencies, groups, organizations and others who participated in the process and consultations Table 2 — 1 1 Agency/Group/Organization who Agency/Group/Organization Type What section of the Plan was addressed by Consultation? City of Auburn Other government - Local Housing Need Assessment Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization Staff consults with City of Auburn staff regularly through ongoing was consulted. What are the anticipated outcomes of collaborative efforts in addition to discussions and coordination specific to the the consultation or areas for improved coordination? 2020-2024 Consolidated Plan and subsequent Annual Action Plans. 2 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? OMB Control No: 2506-0117 (exp. 06/30/2018) Catholic Community Services of Western Washington Housing Services - Housing Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -Homeless Regional Organization Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Annual Action Plan 2021 13 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency/Group/Organization Agency/Group/Organization Type Agency is consulted throughout the year for general collaboration and emerging issues as well as regular updates on programs and service delivery improvement. Agency was as also contacted via email to respond to the draft Annual Action Plan. CHI Franciscan Services -Health Health Agency Regional Organization Housing Need Assessment Non -Homeless Special Needs Market Analysis Economic Development Anti -poverty Strategy Agency leads a place -based collaboration, which includes focus on the approved Neighborhood Revitalization Strategy Area and implementing the corresponding strategies in that area. Agency representatives are in close communication regarding the Consolidated Plan, Annual Action Plans, and the included strategies. FUSION Services -homeless What section of the Plan was addressed by Homelessness Strategy Consultation? Briefly describe how the Agency/Group/Organization Agency was in close contact regarding homeless strategies specific to families was consulted. What are the anticipated outcomes of experiencing homelessness. the consultation or areas for improved coordination? Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 14 5 1 Agency/Group/Organization Agency/Group/Organization Type HIGHLINE COMMUNITY COLLEGE Services -Education Services -Employment Regional organization What section of the Plan was addressed by Market Analysis Consultation? Economic Development Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Agency participated in a one-on-one meeting and provides regular input on was consulted. What are the anticipated outcomes of regional and local needs and strategies. the consultation or areas for improved coordination? Agency/Group/Organization KING COUNTY Agency/Group/Organization Type Other government -County What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Anti -poverty Strategy Participated in developing local strategies to align and coordinate with county -wide strategies. Annual Action Plan 2021 15 OMB Control No: 2506-0117 (exp. 06/30/2018) 7 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? King County Housing Authority (KCHA) Housing PHA Regional organization Housing Need Assessment Public Housing Needs Briefly describe how the Agency/Group/Organization Agency was contacted for input regarding housing needs in the City and was consulted. What are the anticipated outcomes of region as well as the Neighborhood Revitalization Strategy Area in North the consultation or areas for improved coordination? Federal Way. Agency was as also contacted via email to respond to the draft 8 `Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Annual Action Plan. MULTI -SERVICE CENTER Housing Services - Housing Services -Children Services -Elderly Persons Services -homeless Services -Education Services -Employment Service -Fair Housing Regional organization Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Annual Action Plan 2021 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 9 I Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 10 1 Agency/Group/Organization Agency/Group/Organization Type Agency is consulted throughout the year for general collaboration and emerging issues as well as regular updates on programs and service delivery improvement. Agency was also contacted via email to respond to the draft Consolidated Plan and Annual Action Plans. Housing Development Consortium Regional organization Planning organization Housing Need Assessment Homelessness Strategy Market Analysis Agency was contacted via regular collaborative efforts and regarding specific housing and homelessness strategies. Public Health of Seattle -King County Services -Persons with HIV/AIDS Services -homeless Services -Health Health Agency Other government - County What section of the Plan was addressed by Homelessness Strategy Consultation? I Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for general collaboration and was consulted. What are the anticipated outcomes of emerging issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was also contacted via email to respond to the draft Annual Action Plan. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 17 11 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? South King County Housing and Homelessness Partners Housing Regional organization Planning organization Housing Need Assessment Homelessness Strategy Briefly describe how the Agency/Group/Organization Agency was consulted via regular collaborative processes. The City is a was consulted. What are the anticipated outcomes of member of South King Housing and Homelessness Partners (SKHHP) and is in f the *. d d' ation7 close contact regarding regional planning efforts pertaining to affordable in consultation or areas or prove coor in housing and homelessness. Identify any Agency Types not consulted and provide rationale for not consulting It is the City's intent to consult with all Agency types. Should this not be achieved or change during the public comment period, that information will be added. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Continuum of Care r egional Affordable ousing Task Force Report Lead Organization All Home/Regional Homelessness Authority How do the goals of your Strategic Plan overlap with the goals of each plan? This plan informs priorities and strategies relating to the City's Consolidated Plan goal to address homelessness and the implementation of that goal in annual action plans. King County, Affordable The five-year plan includes goal areas and strategies that coincide with the City's Housing Committee Consolidated Plan goal to provide decent, affordable housing. Table 3 - Other local / regional / federal planning efforts Annual Action Plan 2021 18 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City of Federal Way solicited input on needs, goals, and strategies for the 2021 Annual Action Plan. Public input has been encouraged throughout the planning and development process as well as targeted stakeholder engagement. The City engaged with partners locally and throughout the region including nonprofits; local, county, and state government; and citizens to gather input on the City's goals and strategies for its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. City staff meets regularly with human service providers, other regional cities, and funders to discuss services for individuals and families experiencing homelessness to seek solutions to both local and regional community development problems. These forms of engagement provide invaluable information. Citizen participation informs the City's goals and strategies and, in the process for the 2021 Annual Action Plan, confirmed the adopted goals and strategies. COVID-19 is significant and was a frequent discussion topic in relation to CDBG. However, two of the primary areas of concern are housing and economic stability, both of which are addressed in the adopted goals, objectives, and strategies. As the City will be reallocating a portion of the funding in this plan and with CDBG-CV funds allocated via the CARES Act, additional outreach will be added and updates incorporated accordingly. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 19 Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2021 Program Year: ® CDBG ® City General Fund (targeted to human services/public services) Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban Development are allowable in accordable with 2 CFR 200.458 and 24 CFR 570.200. Pre -award costs incurred by projects included in the 2021 Annual Action Plan will not impact future projects or future years' funding. The incurred costs are necessary to the implementation of the activities and for continuity of services to the community. Annual Action Plan 2021 NIX OMB Control No: 2506-0117 (exp. 06/30/2018) Anticipated Resources Program Source Uses of Funds of Funds CDBG public - Acquisition federal Admin and Planning Economic Development Housing Public Improvements Public Services General public - 1 Public Services Fund I local Annual Allocation: 735,417 536,000 °d Amount Available Year 1 Expected Narrative Description Program Prior Year I Total: Amount Income: Resources: $ Available $ $ Remainder of ConPlan CDBG funds leverage additional federal and state funds. Agencies are able to combine M M 0 � 735,417 1 2,206,251 0 536,000 funding sources in order to provide a wider range of services to the community. The City provides general fund grants annually to agencies and organizations that deliver services in support of low- and moderate- income persons and households, those with special needs, and the homeless. These funds are used in cooperation with 1,608,000 I CDBG public services dollars. Table 4 - Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. Annual Action Plan 2021 21 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. As described in this plan, the PAEC has and will continue to generate jobs both directly and via acting as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. The hotel, a component of the development, has been delayed. This may change certain performance measures and will be updated accordingly. Discussion CDBG funds will be used to support eligible activities in accordance with CDBG regulations. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 22 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Goal Name Order 1 Expand Economic Opportunities 2 Preserve Affordable Housing 3 Prevent and Address Homelessness 4 Establish and Maintain Suitable Living Environment Start End Category Geographic Needs Addressed Year Year Area 2020 2024 Non -Housing North Economic Community Federal Development and Development Way Job Growth 2020 2024 Affordable Housing 2020 2024 Homeless 2020 2024 Non -Housing Community Development Affordable Housing Homelessness Living Environment Table 5 — Goals Summary Annual Action Plan 2021 Funding I Goal Outcome Indicator CDBG: Businesses assisted: 42 Businesses $60,000 Assisted CDBG: Homeowner Housing Rehabilitated: $381,417 38 Household Housing Unit CDBG: Public service activities other than $20,000 Low/Moderate Income Housing Benefit: 31 Persons Assisted CDBG: $127,000 Public service activities other than Low/Moderate Income Housing Benefit: 417 Persons Assisted Housing Code Enforcement/Foreclosed Property Care: 25 Household Housing Unit 23 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-35 Projects - 91.420, 91.220(d) Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. With the delay in the hotel project adjacent to the Performing and Arts and Event Center, the City has decided not to continue using CDBG to service the Section 108 loan debt. Due to timing, these funds are allocated in this plan under housing repair. The City will reallocate the $231,000 originally allocated for the loan repayment and the 2021 Annual Action Plan will be updated at that time. # I Project Name Program Administration 1 2 Housing Repair Program 3 Code Compliance 4 Federal Way Community Center Inclusion Program 5 Multi -Service Center YES Program 6 Orion Employment Services 7 Apprenticeship & Non-traditional Employment for Women (ANEW) 8 El Centro de la Raza South King County Systems Navigation Program 9 FUSION Transitional Housing 10 Partner in Employment - Employment and Training 11 Highline College StartZone (North Federal Way) 12 Highline College Economic Development Program Table 6 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best build on efforts already underway which could impact the economic problems affecting low- and moderate -income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net/self-sufficiency services, and protecting/enhancing housing owned or rented by low- and moderate -income households. In order to continue services helping populations who are risk, the City allocated the maximum possible Annual Action Plan 2021 24 OMB Control No: 2506-0117 (exp. 06/30/2018) to services that have proven to be effective in the past. The City placed a significant amount of the resources into the economic development activities for job creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner -occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate -income households. Additionally, the allocation process considered underfunded, underrepresented, and underserved populations for inclusion. Annual Action Plan 2021 25 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information 1 Project Name Program Administration Target Area Goals Supported Needs Addressed Funding CDBG: $347153,000 Description CDBG Program Planning & Administration for PY2021 Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities Location Description 33325 8th Avenue S, Federal Way, WA 98003 Planned Activities CDBG Planning and Administration Planned Activities Housing repair for extremely low-, low-, and moderate - income homeowners. Work is primarily focused on interior health and safety issues, though roofs and ADA accessibility improvements are also considered on a case -by -case basis. 2 Project Name Housing Repair Program Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $381,417 Description Housing repair program helping low- and moderate -income homeowners repair their homes to a safe condition. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities 8 low- and moderate -income households will benefit. Location Description Recipients must be homeowners in the City of Federal Way. Specific locations will be determined. Planned Activities Housing repair for extremely low-, low-, and moderate - income homeowners. Work is primarily focused on interior health and safety issues, though roofs and ADA accessibility improvements are also considered on a case -by -case basis. Annual Action Plan 2021 26 OMB Control No: 2506-0117 (exp. 06/30/2018) 3 Project Name Code Compliance Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $37,000 Description Support code compliance related to City Zoning and codes in areas of the City that are 51% or great low- and moderate -income and are deteriorating or deteriorated. Target Date Estimate the number and type of 25 housing units, families that will benefit from the proposed activities Location Description Census tracts and/or block groups at or above 51% low - and moderate- income and either with signs of deterioration or in a deteriorated condition. Planned Activities Code compliance. Federal Way Community Center Inclusion Program 4 Project Name Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $30,000 Description The Inclusion Program provides social activities and classes for adults with developmental disabilities. Target Date 12/31/2021 Estimate the number and type of 200 persons will benefit. families that will benefit from the proposed activities Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities will be provided off -site. Planned Activities Social activities, life skills training, trips, and others. 5 Project Name Multi -Service Center YES Program Target Area Annual Action Plan 2021 27 OMB Control No: 2506-0117 (exp. 06/30/2018) F_ Goals Supported Needs Addressed Funding Description Target Date Establish and Maintain Suitable Living Environment Living Environment CDBG: $14,000 YES helps youth and young adults ages 16 - 24 to obtain their GED, secure employment and continue post- secondary schooling, as appropriate, while helping them to establish and work toward careers and living wage employment. 12/31/2021 Estimate the number and type of 17 individuals between the ages of 16 and 24 will benefit, families that will benefit from the proposed activities Location Description Planned Activities 6 Project Name Target Area Goals Supported Services will occur at the Multi -Service Center (1200 S. 336th Street, Federal Way, WA 98003). Classes and training to help youth and young adults obtain their GED, secure employment, and continue post- secondary schooling. Orion Employment Services Establish and Maintain Suitable Living Environment Needs Addressed I Living Environment Funding I CDBG: $11,000 Description 1 Employment Services for adults with disabilities. Target Date 12/31/2021 Estimate the number and type of 2 individuals will benefit from this activity. families that will benefit from the proposed activities Location Description Job training will be provided at 1590 A Street NE, Auburn, WA 98002 Planned Activities Vocational counseling and skills training to obtain employment. 7 Project Name Apprenticeship & Non-traditional Employment for Women (ANEW) Annual Action Plan 28 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 8 Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment CDBG: $9,000 Funding Description 3 individuals will receive job training and employment services/case management. Target Date 12/31/2021 Estimate the number and type of 3 individuals will receive job training and employment families that will benefit from the services/case management. proposed activities Location Description Activities will be provided at Apprenticeship & Non- traditional Employment for Women (ANEW) (550 SW 7th Street, Renton, WA 98057) Planned Activities Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12-week pre -apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap -around employment services focusing on job placement and retention. El Centro de la Raza South King County Systems Navigation Project Name Program Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $21,000 Description Information and referral services. Target Date 12/31/2021 190 low- to moderate -income persons will benefit. 1601 S 341st PI, Federal Way, WA 98003 Estimate the number and type of families that will benefit from the proposed activities Location Description Annual Action Plan 2021 29 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities 9 Project Name Navigation services to access available social services, as well as private and public benefit programs with focus on predominantly Latinx families including limited English speakers. FUSION Transitional Housing Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $20,000 Description Strengths -based case management for families with children who are experiencing homelessness and in FUSION's transitional housing program. Target Date 12/31/2021 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 31 individuals experiencing homelessness will benefit. Case management is provided in the community and at the transitional housing units. FUSION has an office located at 1505 S 328th St, Federal Way, WA 98003 Case management is provided to families for stability planning and securing permanent housing. 10 project Name Partner in Employment - Employment and Training Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $10,000 Program works to improve long-term economic stability of Description refugees and immigrants by securing employment and providing wrap around services. Target Date 12/31/2021 Estimate the number and type of 5 individuals will benefit. families that will benefit from the proposed activities Annual Action Plan 2021 30 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description Planned Activities 11 project Name Target Area Goals Supported Needs Addressed Funding Description Services may be community based or at the office at 21400 International Blvd, Suite 302, SeaTac, WA 98198 Employment services, language acquisition, housing stabilization, and job training. Highline College StartZone (North Federal North Federal Way Expand Economic Opportunities Economic Development and Job Growth CDBG: $30,000 Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses located in North Federal Way (Neighborhood Revitalization Strategy Area). Target Date 12/31/2021 Estimate the number and type of 18 individuals will receive technical assistance, families that will benefit from the proposed activities Location Description Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198) and in North Federal Way to the extent possible. Planned Activities 12 Project Name Target Area Goals Supported Needs Addressed Funding [Description Target Date Business advisors will provide one-to-one technical assistance and advising to business owners looking to start or grow their businesses as well as educational interventions that are aimed at enhancing small business, self-employment, and micro -enterprise in Federal Way. Highline College Economic Development Program Expand Economic Opportunities Economic Development and Job Growth CDBG: $30,000 Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses located in Federal Way. 12/31/2021 Annual Action Plan 2021 31 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of 24 individuals will benefit. families that will benefit from the proposed activities Location Description Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198). Planned Activities Business advisors will provide one-to-one technical assistance and advising to business owners looking to start or grow their businesses as well as educational interventions that are aimed at enhancing small business, self-employment, and micro -enterprise in Federal Way. Annual Action Plan 2021 32 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. One project in 2021 will continue to focus on economic opportunity in North Federal Way, a higher needs area that is a continuation of the Neighborhood Revitalization Strategy Area. Housing repair will be promoted in the area, but not dedicated solely to North Federal Way. Geographic Distribution Target Area I Percentage of Funds North Federal Way 4 Table 7 - Geographic Distribution Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. The North Federal Way area was identified for having both barriers and opportunities. The area continues to have concentrations of low -to moderate -income households and concentrations of ethnic and minority populations as well as a variety of housing problems. Annual Action Plan 2021 33 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing-91.420, 91.220(j) Introduction This section of the Annual Action Plan summarizes actions the City will undertake during the Program Year to reduce barriers to affordable housing. The City is engaging in the development of a Housing Action Plan (HAP) that will inform the Housing Element of the City's Comprehensive Plan. The HAP includes an evaluation of policies that may affect residential development including the development of affordable housing. The Planning Division is lead with Community Services supporting the development of the HAP. The HAP is scheduled for completion in 2021. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The development of the Housing Action Plan (HAP) will inform actions and will be available in 2021 for planning. However, the City has taken steps to address affordable housing and follow up actions will continue to occur. In 2019, the City adopted a tax authorized by the State of Washington allowing for a recapture of a portion of the existing sales tax. These funds support affordable housing. The City is a member jurisdiction of the South King Housing and Homelessness Partners (SKHHP). SKHHP is anticipated to establish a Housing Capital Fund allowing for the sales tax revenue to be pooled with other jurisdictions to increase leverage and better support the development and retention of affordable housing. The City anticipates providing updates on the HAP and the Housing Capital Fund as they are available. Additionally, the City deferred to King County on another revenue opportunity. King County is enacting a new tax for affordable housing and connected services. The King County proposed program will focus on providing affordable housing to the chronically homeless, a population that is difficult to serve and frequently needs the deepest level of subsidy to attain affordable housing. The City will partner with King County for the implementation of the program and access for the City's citizens. Discussion Public policies can have a direct impact on the development of affordable housing. As mentioned above, the City is currently in the process of developing a Housing Action Plan (HAP), which may consider policies that have the potential of creating barriers to all housing, but will also specifically identify barriers to affordable housing. Such policies may include zoning regulations, development fees, approval and permitting Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 34 systems, manufactured and modular housing, and others. The HAP will provide analysis of the current policies and potential recommendations and action steps the City may take. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 35 AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate -income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on -going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies; build public awareness, and enhance the support of elected officials for increased resources for the underserved. The City worked with local cities to implement a Parallel Application process to the Human Services General Fund process. The Parallel Application focused on underserved, underrepresented, and underfunded communities with particular focus on organizations and programs serving communities of color, immigrants, and/or refugees. For 2017-2018, the City funded five programs for a total of $14,500 per year and has seen great success and will be providing $15,000 to three programs for both 2019 and 2020. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades including grab bars and accessible showers, and so on. The City of Federal Way also joined the newly established South King County Housing and Homelessness Partnership (SKHHP) in collaboration with other cities in south King County and King County. SKHHP will Annual Action Plan 2021 36 OMB Control No: 2506-0117 (exp. 06/30/2018) focus on assisting the region in in meeting affordable housing and homeless needs. Actions planned to reduce lead -based paint hazards The City of Federal Way works to reduce lead -based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated paint; identification and control of lead -based paint hazards; and identification and abatement of lead - based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school -based mentoring programs that lead to increased graduation and college acceptance and outreach to increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure In 2020, the Community Services Division will: • Update the Division website to include pertinent information for community -based organizations for planning and program implementation purposes, and for individuals seeking resources for community development. Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation, and community revitalization initiatives. Continue to participate in collaborative efforts with other funders, private sector groups, and agency coalitions such as the Continuum of Care. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, and South King Housing and Homelessness Partnership (SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for Annual Action Plan 2021 37 OMB Control No: 2506-0117 (exp. 06/30/2018) coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Annual Action Plan 2021 38 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation/preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub -populations: are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; receive only what they need to return to housing quickly and to be as self-reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate -income people, our investments across the Consortium in low-income communities, and for the benefit of low-income people, help to ensure equitable opportunities for good health, happiness, safety, self-reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve. our low -and moderate -income residents safely and effectively; 2) improve the living environment in low -and moderate -income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate -income residents of the Consortium. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 Annual Action Plan 39 2021 OMB Control No: 2506-0117 (exp. 06/30/2018) 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities Ut 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2021 40 OMB Control No: 2506-0117 (exp. 06/30/2018) - -�x .. —.- . .-- 7a . ........ . . . ...... COUNCIL MEETING DATE: March 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ADOPTION OF THE 2021 LABOR AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND TEAMSTERS LOCAL UNION NO. 117 REPRESENTING FEDERAL WAY POLICE LIEUTENANTS. POLICY QUESTION: Should the City Council approve the Proposed Collective Bargaining Agreement for 2021 with Teamsters Local Union No. 117 representing the Federal Way Police Lieutenants? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. R ay n Call, Attorney DEPT: Law Attachments: 1. Staff Report 2. Proposed 2021 Collective Bargaining Agreement with Teamsters Local Union No. 117. Options Considered: 1. Approve the proposed modified Agreement. 2. Reject the proposed modified Agreement and direct the City to negotiate. MAYOR'S RECOMMENDATION: Option 1, MAYOR APPROVAL: VI"121 DIRECTOR APPROVAL: 3 Ci I Cna ttcc count Initial/Date Ininoi /t]nte Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Collective Bargaining Agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 16, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Modification to the 2019-2021 Lieutenants Association CBA Financial Impacts: There are no direct financial impacts to the City. The pay increase in this agreement was previously approved in the previous 2021 contract with this bargaining group. Baclinround lnforniation: The Lieutenants Association entered into a 3 — year collective bargaining agreement ("CBA") encompassing 2019- 2021. In 2020 the Lieutenants decertified from the association in order to certify under Teamsters Local Union No. 117. The Union has modified the current CBA to reflect membership for 2021 under Teamsters. The only substantive change contemplated by this new agreement is that the City agrees to facilitate Lieutenant participation in the Teamsters Retirees' Welfare Trust at the employee's expense. Mayor Recommendation: Approve the proposed modified CBA with Teamsters Local Union No. 117 representing the Federal Way Lieutenants. Rev. 7/18 COUNCIL MEETING DATE: March 16, 2021 ITEM #:y a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Adoption of 2018 Construction Codes POLICY QUESTION: Should the City of Federal Way amend the Federal Way Revised Code (FWRC) Title 13, "Building," to adopt the state mandated and local construction codes? COMMITTEE: Land Use/Transportation Committee MEETING DATE: March 1, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Building Official Scott Sproul DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVA��,L.i �./ ! DIRECTOR APPROVAL:] mmi e C nciI Initial/Date ha wI: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on 311612021. .VIG. -`-e\e�ont-�e(�►GC 1/io� i-e1cNy,n���,cv�c{ Vl� �l�Cpv�t-c�c,,,�c Gregory Baruso Hoang Tran Martin Moore Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE 3/16/2021: "I move to forward the proposed ordinance to the 41612021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE 4/6/2021: "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2019 RESOLUTION # MEMORANDUM Department of Community Development CITY OF Federal Way DATE: 3/1/2021 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Scott Sproul, Building Official SUBJECT: Adoption of State Mandated Building and Construction Codes Financial Impacts: The adoption of the 2018 Building Codes does not have any current or future impacts to the City Budget. The adoption process follows a three-year code -revision cycle. Background Information: The proposed ordinance will adopt and amend the currently state -mandated 2018 International Building Codes, Uniform Plumbing Code, National Electrial Code, and other building constructuion regulations pursuant to RCW 19.27, 19.27A, and 19.28. The model codes are revised by the publishers on a three-year cycle. The model code are then adopted by the state and, as a jurisdiction within the state, the City of Federal Way is required to enforce these codes. In addition, the City may amend the codes as needed to provide consistent enforcement. B. DISCUSSION The construction codes enforced by the City fall into two categories: "state mandated codes" and "local codes" adopted by a jurisdiction. State mandated codes are required to be enforced at the city and county level pursuant to RCW 19.27, 19.27A, and 19.28. Cities adopt codes at the local level in order to reconcile these codes wth other regulatory requirements and established fee resolutions. Local codes are permissible and are needed in order to provide enforcement for local building requirements. State Mandated Codes: Building Code — International Building Code (IBC) as amended by Washington State Residential Code — International Residential Code (IRC) as amended by Washington State Existing Building Code -International Existing Building Code (IEBC) as amended by Washington State Mechanical Code — International Mechanical Code (IMC) as amended by Washington State Fire Code — International Fire Code (IFC) as amended by Washington State Rev. 7/18 Property Maintenance Code — International Property Maintenance Code (IMPC) Plumbing Code — Uniform Plumbing Code (UPC) as amended by Washington State Electrical Code — National Electrical Code (NEC) as amended by Washington State Energy Code — International Energy Conservation Code as amended by Washington State (Washington State Energy Code) Factory Assembled Structures, Washington State Standard for the Installation of Factory Assembled Structures Local Codes Adopted by Federal Way: Swimming Pools — Hot Tubs — Spas (these regulations were drafted to regulate swimming pools and provide for fencing) Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the Washington State Building Code and related matters; amending FWRC 13.16.020; 13.16.030; 13.20.050; 13.20.090; 13.22.020; 13.22.030; 13.26.020; 13.26.030; 13.28.020; 13.28.030; 13.31.020; 13.31.030; 13.31.040; 13.34.020; 13.34.030; 13.38.020; 13.41.020; 13.43.020; and 13.43.030; repealing FWRC 13.20.010; 13.20.020; 13.20.030; 13.20.040; 13.20.060; and 13.20.070. (Amending Ordinance Nos. 01-389, 04-465, 07-563, 09-5952,10-665,13-743,14-772, 15-793, and 17-830) WHEREAS, the Revised Code of Washington ("RCW") mandates enforcement and provides authority to the City of Federal Way Washington to administer and enforce the Washington State Building Code Act (Chapter 19.27 RCW), the Washington State Energy Code (Chapter 19.27-A RCW), Washington State regulations regarding electricians and electrical installations (Chapter 19.28 RCW), Washington State regulations regarding installation and permitting of factory assembled structures (Chapters 43.22 and 43.22-A RCW), the Growth Management Act as it applies to the construction of buildings (RCW36.70A), and related matters within the incorporated boundaries of the City of Federal Way, Washington; and WHEREAS, these Washington State laws include amendments as adopted and included by the State of Washington; and WHEREAS, certain amendments, appendices, and other regulations are optional, and where applicable, are enforceable if adopted specifically by the City of Federal Way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Ordinance No. 21- Page 1 of 21 Rev 2/19 Section 1. Chapter 13.16 FWRC "Sections" is amended to read as follows: Sections: 13.16.010 Title. 13.16.020 204-518 International Building Code adopted. 13.16.030 204-518 International Building Code amendments. Section 2. FWRC 13.16.020 is amended to read as follows: 13.16.020 2047518 International Building Code adopted. The 204-518 Edition of the International Building Code (IBC), including the following appendix chapters: (1) Appendix E, published by the International Code Council (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-50 WAC. The International Building Code requirements for barrier -free accessibility, Chapter 11, and other IBC requirements for barrier -free access, including ICC Al 17.1-2009 and Appendix E, are adopted pursuant to Chapters 19.27 and 70.92 RCW and shall not be amended by local government. (2) Appendix J of the IBC published by the International Code Council (ICC) is hereby adopted by reference. Section 3. FWRC 13.16.030 is amended to read as follows: 13.16.030 204518 International Building Code amendments. The International Building Code, adopted by reference in FWRC 13.16.020, is amended as follows: (1) IBC Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Building Code of City of Federal Way, hereinafter referred to as "this code." (2) IBC Section 101.4.3, Plumbing, is hereby amended as follows: The provisions of the 204-518 Edition of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. Private Sewage Disposal systems shall be approved by King County Department of Health. Ordinance No. 21- Page 2 of 21 Rev 2/19 (3) IBC Section 101.4.6, Energy, is hereby amended as follows: The provisions of the International Energy Conservation Code, including WAC 51-11R and WAC 5 1 -11 C, shall apply to all matters governing the design and construction of buildings for energy efficiency. (4) IBC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (5) IBC Section 105.1.2, Annual permit records, is hereby deleted in its entirety. (6) IBC Section 105.2, item 1, is hereby amended to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2) and exterior wall height shall not exceed 10 feet measured from the bottom plate to the top of wall. (7) IBC Section 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (8) IBC Section 107.3, Examination of documents, is hereby amended as follows: The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. Ordinance No. 21- Page 3 of 21 Rev 2/19 (9) Chapter 2, Definitions, is hereby amended by the addition of the following definition: SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. (10) IBC Appendix J is hereby amended to add a new Section J101.1.1, Local Regulations, as follows: In addition to the requirements of IBC appendix J, clearing and grading activities shall be reviewed and regulated under the following FWRC regulations: (a) FWRC Title 16 Surface and Stormwater Management; and, (b) Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention; and, (c) Chapter 19.142 FWRC, Flood Damage Prevention. In case of conflict, the most restrictive provision shall apply. Section 4. FWRC 13.20.010 is repealed in its entirety. Section 5. FWRC 13.20.020 is repealed in its entirety. Section 6. FWRC 13.20.030 is repealed in its entirety. Section 7. FWRC 13.20.040 is repealed in its entirety. .Section 8. FWRC 13.20.050 is amended to read as follows: 13.20.050 Fire detection and protection. eempb,iag A-4h !he Lqtefna-14enal Building Code R-14-d- FAH-e- Code as detailed in th Ordinance No. 21- Page 4 of 21 Rev 2/19 a F M 0 r r.v.w M.. . . r (41) A standby power generator set shall be provided on the premises in accordance with the 204 518 International Building Code, Section 403.4, and the 204-420 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to emergency lighting, stair enclosures, elevator shaft pressurization, and elevators. Section 9. FWRC 13.20.060 is repealed in its entirety. Section 10. FWRC 13.20.070 is repealed in its entirety. Section 11. FWRC 13.20.090 is amended to read as follows: 13.20.090 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (1) Structural observation provided by the engineer of record for structural frame elements; (2) Special inspections as required in the 204-518 International Building Code; (3) All other inspections shall be in strict accordance with other applicable codes; and (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. Section 12. Chapter 13.22 FWRC "Sections" is amended to read as follows: Sections: 13.22.010 Title. 13.22.020 204-518 International Residential Code adopted. Ordinance No. 21- Page 5 of 21 Rev 2/19 13.22.030 204-518 International Residential Code amendments. Section 13. FWRC 13.22.020 is amended to read as follows: 13.22.020 20-1-518 International Residential Code adopted. The 204-518 Edition of the International Residential Code (IRC) as published by the International Code Council (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51- 51 WAC, with the following additions, deletions, and exceptions; provided, that Chapters 11 and 25 through 43 of this code are not adopted; that energy conservation construction is regulated by Chapter 51-11R WAC; that plumbing is regulated by Chapter 51-56 WAC; that electrical installations are regulated by Chapter 296-46B WAC or the National Electrical Code (NEC) as published by the National Fire Protection Association, as adopted by the city of Federal Way; and that Appendix G, Swimming Pools, Spas and Hot Tubs, of the 204-518 Edition of the IRC as published by the ICC is hereby adopted. The standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code). All other fuel gas installations shall he regulated by the International Mechanical Code (IMC) and International Fuel Gas Code (IFGC); including the following appendix chapters: H and J of the IRC published by the International Code Council (ICC) are hereby adopted by reference. Section 14. FWRC 13.22.030 is amended to read as follows: 13.22.030 204-518 International Residential Code amendments. The International Residential Code, -adopted by -reference -in FWRC--13:22.-020, is -amended as - follows: (1) IRC 101.1, Title, is hereby amended to read as follows: These provisions shall be known as the Residential Code for One- and Two-family Dwellings of The City of Federal Way, and shall be cited as such and will be referred to herein as "this code." (2) IRC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (3) IRC 105.3.1, Action on application, is hereby amended by the addition of the following language: Ordinance No. 21- Page 6 of 21 Rev 2/19 The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing stating the reasons therefore. When the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (4) IRC 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (5) R106.3.1, Approval of construction documents, is hereby amended to read as follows: When the building official issues a permit, the construction documents shall be approved in writing or by a stamp. One set of construction documents so reviewed and stamped Approved File Copy, shall be retained by the building official. The other set, stamped Approved Site Copy, shall be returned to the applicant, shall be kept at the site of work at all times and shall be open to inspection by the building official or his or her authorized representative. Failure to produce the Site Copy of the plans at time of inspection may result in a failed inspection. (6) IRC Table 301.2(1) is amended by the addition of the following information: Roof Snow Load Wind Design Seismic Design Category Subject To Damage From Winter Design Temp Ice Layer Underlay Required Flood Hazard Air Freezing Index Mean Annual Temp Speed Topo Weathering Frost line Termites Mph Effects 25lb/ft2 85 No D2 Moderate 12" Moderate 24 No Yes 250 55 Ordinance No. 21- Page 7 of 21 Rev 2/19 Section 15. Chapter 13.26 FWRC "Sections" is amended to read as follows: Sections: 13.26.010 Title. 13.26.020 204-518 International Mechanical Code adopted. 13.26.030 204-518 International Mechanical Code amendments. Section 16. FWRC 13.26.020 is amended to read as follows: 13.26.020 20-1518 International Mechanical Code adopted. The 204-518 Edition of the International Mechanical Code (IMC) as published by the International Code Conference (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-52 WAC. In the case of conflict between the duct sealing or insulation requirements of Section 603 or 604 of the IMC and the duct sealing or insulation requirements of Chapter 5 1 -11 C WAC, the Washington State Energy Code, the provisions of the energy code shall govern. Section 17. FWRC 13.26.030 is amended to read as follows: 13.26.030 201518 International Mechanical Code amendments. - - The- International Mechanical Code, adopted byreferencein FWRC 13 26.020-, is -amended as -- follows: (1) IMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Mechanical Code of the City of Federal Way, hereinafter referred to as "this code." (2) IMC 104.6, Notices and orders, is hereby amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1.15.040. (3) IMC 106.4.1.1, Amended Permit, is hereby created as follows: When the scope of work for which the permit was issued is changed, the building official may amend the mechanical permit. When such fees specified in IMC Section 106 or the Federal Way Fee Schedule have been paid and when changes to the plans and application have been approved, the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. Ordinance No. 2 1 - Page 8 of 21 Rev 2/19 (4) IMC 106.3.2, Preliminary inspection, is hereby amended to read as follows: Before a permit is issued, the building official is authorized to inspect and evaluate the systems, equipment, buildings, devices, premises and spaces or areas to be used. The building official may require third parry review to ensure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the Federal Way Fee Schedule. (5) IMC 106.4.3, Expiration, is hereby amended in its entirety as follows: Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. (6) IMC 106.5.2, Fee schedule, is hereby amended to read as follows: The fees for mechanical permits shall be assessed in accordance with the provisions of the City of Federal Way Fee Schedule. (7) IMC 106.5.3, Fee refunds, is hereby amended in its entirety as follows: Fees shall be refunded in accordance with the City of Federal Way Fee Schedule. (8) IMC 108.3, Prosecution of violation, is hereby amended to read as follows: If the notice of violation is not complied with promptly, the building official shall take action as prescribed in Title 1_ of the FWRC. (9) IMC 108.4, Violation penalties, is hereby amended to read as follows: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the provisions of Title 1 of the FWRC. (10) IMC 108.7, Unsafe mechanical systems, is hereby amended to read as follows: A mechanical system that is unsafe, constitutes a fire or health hazard, or is otherwise dangerous to human life, as regulated by this code, is hereby declared as an unsafe mechanical system. Use of a mechanical system regulated by this code constituting a Ordinance No. 21- Page 9 of 21 Rev 2/19 hazard to health, safety or welfare by reason of inadequate maintenance, dilapidation, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe equipment and appliances are hereby declared to be a nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with Title 1 of the FWRC. (11) IMC 108.7.1, Authority to condemn mechanical systems, is hereby amended to read as follows: Whenever the building official determines that any mechanical system, or portion thereof, regulated by this code has become hazardous to life, health, property, or has become insanitary, the building official may issue an order to cease activity. The cease activity notice shall be issued pursuant to Section 1.15.030 of the FWRC. A person shall not use or maintain a defective mechanical system after receiving such notice. When such mechanical system is to be disconnected, written notice as prescribed in Title 1 of the FWRC shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. (12) IMC 109.1, Application for appeal, is hereby amended to read as follows: Appeals of decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.06.060. Section 18. Chapter 13.28 FWRC "Sections" is amended to read as follows: Sections: 13.28.010 Title. 13.28.020 204-518 International Existing Building Code adopted. 13.28.030 204-518 International Existing Building Code amendments. Section 19. FWRC 13.28.020 is amended to read as follows: 13.28.020 20-1518 International Existing Building Code adopted. The 204-518 Edition of the International Existing Building Code (IEBC), as published by the International Code Conference (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-50 WAC. Section 20. FWRC 13.28.030 is amended to read as follows: Ordinance No. 21- Page 10 of 21 Rev 2/19 13.28.030 20-1-518 International Existing Building Code amendments. (1) IEBC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Existing Building Code of the City of Federal Way, hereinafter referred to as "this code." Section 21. Chapter 13.31 FWRC "Sections" is amended to read as follows: Sections: 13.31.010 Title. 13.31.020 204-518 International Fire Code adopted. 13.31.030 204-518 International Fire Code amendments. 13.31.040 Fire alarm system. 13.31.050 Sprinkler installation. 13.31.060 NFPA 130 Standard for Fixed Guideway Transit and Passenger Rail Systems adopted. 13.31.070 NFPA 130 Standard for Fixed Guideway Transit and Passenger Rail Systems amended. Section 22. FWRC 13.31.020 is amended to read as follows: 13.31.020 20-1-518 International Fire Code adopted. The 204-518 Edition of the International Fire Code (IFC), published by the International Code Council, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-54A WAC with the following additions, deletions, and exceptions. Appendix B is adopted as amended. Appendices C, E, F, and I are adopted by reference. Section 23. FWRC 13.31.030 is amended to read as follows: 13.31.030 201518 International Fire Code amendments. (1) IFC Section 503 is hereby created as follows: (a) IFC 503.1, Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. (b) IFC 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Ordinc Rev 2/19 Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies. (c) IFC 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (d) IFC 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the applicable provisions of Chapter 32. (e) IFC 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. (f) IFC 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). (g) IFC 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. (h) IFC 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. Ordinance No. 21- Page 12 of 21 Rev 2/19 (i) IFC 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. 0) IFC 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. (k) IFC 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. (1) IFC 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. (m) IFC 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. (n) IFC 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. (o) IFC 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. (p) IFC 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Ordinc...__ _ . _ _.o_ _ _ , _ _ Rev 2/19 Exception: The restriction on use shall not apply to public officers acting within the scope of duty. (q) IFC 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. (2) IFC Appendix B is hereby amended as follows: (a) Section B 105.2, Buildings other than one- and two-family dwellings, is replaced as follows: B 105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in IFC Table B 105.1(2). Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is protected throughout with an automatic fire sprinkler system installed in accordance with NFPA 13 or NFPA 13 R. The resulting fire flow shall not be less than 1,500 gallons per minute (5,678 L/min) for the prescribed duration as specified in Table B 105.1(2). (b) Table B 105.2 is deleted. Section 24. FWRC 13.31.040 is amended to read as follows: 13.31.040 Fire alarm system. In addition to the fire alarm and detection system requirements specified in the IFC, all new buildings and structures exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire alarm system. Building additions the building more than 3,000 gross square feet shall be required to provide an approved automatic fire alarm system serving the addition. Fire walls as noted in Section 706 of the International Building Code shall not be considered to provide a separate building under this section or to enable deletion of the required fire alarm system. Exceptions: Group U or R, Division 3, occupancies. Ordinance No. 21- Page 14 of 21 Rev 2/19 Section 25. Chapter 13.34 FWRC "Sections" is amended to read as follows: Sections: 13.34.010 Title. 13.34.020 204-518 Uniform Plumbing Code adopted. 13.34.030 204-518 Uniform Plumbing Code amendments. Section 26. FWRC 13.34.020 is amended to read as follows: 13.34.020 201518 Uniform Plumbing Code adopted. The 2015 Edition of the Uniform Plumbing Code (UPC), including Appendices A, B, and I, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-56 WAC, with the following additions, deletions and exceptions; provided, that Chapters 12 and 15 of this code are not adopted; provided further, that those requirements of the UPC relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted. Where a conflict exists between the provisions of Appendix I and the manufacturer's installation instructions, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 27. FWRC 13.34.030 is amended to read as follows: 13.34.030 2047518 Uniform Plumbing Code amendments. The Uniform Plumbing Code, adopted by reference in FWRC 13.34.020, is amended as follows: (1) UPC 103.3.2.1, Amended Permit, is hereby created as follows: When the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (2) UPC 103.3.3, Expiration, is hereby amended to read as follows: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if Ordinance No. 21- Page 15 of 21 Rev 2/19 the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit when the permittee is unable to commence work within the time required by this section. The building official shall be permitted to extend the time for action one or more times by the permittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee. In order to renew action on a permit after expiration where such suspension or abatement has exceeded one (1) year, the permittee shall pay a new full permit fee. (3) UPC 103.4.2, Expiration of Plan Review, is amended in its entirety as follows: An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. Section 28. FWRC 13.38.020 is amended to read as follows: 13.38.020 Electrical codes adopted. (1) Adoption by reference. The following codes, as presently constituted or as may be subsequently amended, are all adopted as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, and shall be applicable within the city: (a) The National Electrical Code (NEC), 204-420 Edition, as published by the National Fire Protection Association; (b) The laws, rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW; (c) The following chapters of the Washington Administrative Code: (i) Chapter 296-43 WAC, Heating Installation; (ii) Chapter 296-45 WAC, Safety Standards, Electrical Workers; Ordinance No. 21- Page 16 of 21 Rev 2/19 (iii) Chapter 296-46B WAC, Electrical Safety Standards, Administration, and Installation. (2) Purpose. This title is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this title is to provide minimum standards to safeguard life or limb, health, property and public welfare, by regulating and controlling building construction and work related thereto. Section 29. FWRC 13.41.020 is amended to read as follows: 13.41.020 2047518 International Energy Conservation Code adopted. The 204-518 International Energy Conservation Code (IECC), published by the International Code Council as amended by the state of Washington, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapters 51-11R and 51-11C WAC. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 30. Chapter 13.43 FWRC "Sections" is amended to read as follows: Sections: 13.43.010 Title. 13.43.020 204-518 International Property Maintenance Code adopted. 13.43.030 204-518 International Property Maintenance Code amendments. Section 31. FWRC 13.43.020 is amended to read as follows: 13.43.020 2047518 International Property Maintenance Code adopted. The 204-518 International Property Maintenance Code (IPMC) is adopted as amended, added to, or excepted in this title, and shall be applicable within the city. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 32. FWRC 13.43.030 is amended to read as follows: 13.43.030 201518 International Property Maintenance Code amendments. Ordinance No. 21- Page 17 of 21 Rev 2/19 The International Property Maintenance Code, adopted by reference in FWRC 13.43.020, is amended as follows: (1) IPMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Property Maintenance Code of City of Federal Way, hereinafter referred to as "this code." (2) IPMC 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, National Electrical Code, Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Federal Way Revised Code. (3) IPMC 103 is hereby deleted in its entirety. (4) IPMC 106.2, Notice of violation, is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Title 1 of the Federal Way Revised Code (FWRC). (5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entirety. (6) IPMC 106.4, Violation penalties, is hereby deleted in its entirety. (7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety. (8) IPMC 107.1, Notice to person responsible, is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.15.040 of the FWRC. (9) IPMC 107.2, Form, is hereby deleted in its entirety. (10) IPMC 107.3, Method of service, is hereby deleted in its entirety. (11) IPMC 107.5, Penalties, is hereby deleted in its entirety. Ordinance No. 21- Page 18 of 21 Rev 2/19 (12) IPMC 111, title, is hereby amended to read as follows: HEARINGS EXAMINER. (13) IPMC 111.1, General, is hereby amended to read as follows: Appeals, of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive any requirements of this code. (15) IPMC 112, title, is hereby amended to read as follows: ORDER TO CEASE ACTIVITY (16) IPMC 112.1, Authority, is hereby amended to read as follows: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (17) IPMC 112.2, Issuance, is hereby amended to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity pursuant to FWRC 1.15.030, order such use discontinued and the structure, or portion thereof, vacated. (18) IPMC 112.3, Unlawful continuance, is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) IPMC 202, Definitions, is hereby amended to read in part: Ordinance No. 21- Page 19 of 21 Rev 2/19 CODE OFFICIAL. Shall mean the Building Official. (20) IPMC 302.4, Weeds, is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height on development property or 12 inches in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers and gardens. Section 33. Seyerability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 34. 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 35. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 36. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of Ordinance No. 21- Page 20 of 21 Rev 2/19 2021. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 21 of 21 Rev 2/19