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Council PKT 11-20-2001 Special/Study Session/Regular City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Michael Hellickson Eric Faison Linda Kochmar Mary Gates Dean McColgan CITY MANAGER David H. Moseley Office of the City Clerk November 20, 2001 I. II. III. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall November 20, 2001 (www.ci.federal-wav.wa.us) ..... SPECIAL/STUDY SESSION - 5:30 p.m. I. CALL MEETING TO ORDER II. BRANDING PROCESS Introduction of Branding Firm & Work Plan III. ADJOURNMENT ***** REGULAR MEETING - 7:00 D.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. 4th Annual Community Tree Lighting Celebration Proclamation Arts CommissionlIntroduction & Certificate of Appointment City ManagerlIntroduction of New Employees City ManagerÆmerging Issues c. d. CITIZEN COMMENT PLEASE COMPLETE THE PlNK SLIP & PRESENT TO THE CITY CLERK PRIOR "FO SPEAKING. Citizens may address City Council at this time. Wlren recognized by Ihe Mayor, please come forward to the podium, adjust the microphone 10 proper height. and state your name for Ihe record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUFES. The Mayor may interroptcitizen comments that continue too lang, relate negatively to other individuals, or are otherwise inappropriate. over please. . . V. VI. VII. VIII. IX. a. b. X. CONSENT AGENDA ( (Items listed below have been previously reviewed by a Ca.-,eil Committee of three members and brought beJorefull Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) a. b. MinutesINovember 6 2001 Regular Meeting Set Public Hearing Date for Amendment to Proposed 2002-2007 Transportation Improvement Plan (TIP) & Arterial Street Improvement Plan/Resolution Potential Annexation Area/Sub-Area Plan & Annexation Feasibility Study Contract c. INTRODUCTION ORDINANCES a. Council Bill #285/2001 Housekeeping Budget Adjustment AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, W ASIDNGTON, RELATING TO BUDGETS AND FINANCE, REVISING TIIE 2001- 02 BIENNIAL BUDGET (AMENDS ORDINANCE NOS. 00-377 AND 01-387). b. Council Bill #286/Propertv Tax Rate AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF FEDERAL WAY. W ASIDNGTON. FOONG TIIE PROPERTY TAX AMOUNT FOR TIIE YEAR 2002. c. Council Bill #287/2001-02 Biennial Budget Adiustment (based on City Manager's recommendations) AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, W ASIDNGTON. RELATING TO BUDGETS AND FINANCE, REVISING TIIE 2001- 02 BIENNIAL BUDGET (AMENDS ORDINANCE NOS. 00-377, 01-387 AND 01- ----.J . CITY COUNCil.., REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential LitigationIPursuant to RCW 42.30.110(1)(i) Collective BargainingIPursuant to RCW 42.30.l40(4)(a) ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA" THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LiBRARY" MEETING DATE: November 20, 2001 ITEM# ~(cc) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes of the regular City Council meeting held on November 6,2001. "" ~"-,.'"".".~-"._~.,.,'"--",.".,""'-_... .". """'..'"'""-_.,.,m_____,""-" '----- SUMMARY/BACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW requirements. -,.,""._-"""- CITY COUNCIL COMMITTEE RECOMMENDATION: nJa PROPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on November 6, 2001". "'.,._-"--,.'""'------~"--------,-,----."---_.,.,--"----..----_m'_____----- CITY MANAGER APPROY AL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 0511 0/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall November 6, 2001 - 7:00 p.m. Regular Meeting OR ~f1 I. CALL MEETING TO ORDER Mayor Park called the Federal Way City Council regular meeting to order at the hour of 7:02 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Eric Faison, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember McColgan led the flag salute. III. PRESENTATIONS a. Prociamationf'Mayor Nobuo Nakasato Dav" Deputy Mayor Kochmar read and presented the proclamation to Brian Picard, President of the Sister City Association; Mr. Picard accepted the proclamation and thanked Council for their ongoing support. b. ProciamationlVeteran's Day "Weekend ofUnitv & Hope" Deputy Mayor Kochmar read and presented the proclamation to Parks, Recreation, Cultural Services Director Jennifer Schroder; Ms. Schroder accepted the proclamation and thanked Council for this recognition. c. Award/Washington Chapter of American Planning Association/City's Sign Abatement Program Mr. Lloyd Skinner, Co-Chair of the Washington Chapter of the American Planning Association presented the award to Deputy Mayor Kochmar and Community Development Director Kathy McClung. He noted the selection was based on numerous criteria, including the city's balance of incentives, enforcement and effectiveness of the Sign Abatement Program. Federal Way City Council Regular Meeting Minutes November 6, 2001 - Page 2 Community Development Director Kathy McClung accepted the award and reviewed the sign code program's effectiveness; there are currently 28 remaining cases, out of the original 800. d. Introductions & Certificates of AppointmentILodging Tax Advisory Committee Councilmember Gates announced the re-appointments of Joan Tabrum, and David DeGroot to the Lodging Tax Advisory Committee; she noted both were unable to attend tonight's meeting and their certificates of appointment would be forwarded to them. e. Certificates of AppreciationlBanner Program Recognition Councilmember Burbidge read and presented certificates of appreciation to citizen volunteers H. David Kaplan, Barbara Reid and Bob Kellogg for their work and dedication to the Banner Program at Celebration Park. This program helped defray the cost of the new play structure installed at the park. H. David Kaplan and Bob Kellogg accepted the recognitions thanking Council, the Parks and Recreation Commission, and Parks, Recreation, Cultural Services Directors Jennifer Schroder for their support of this program. He noted this project illustrates the power of volunteerism. Barbara Reid was unable to attend tonight's meeting, her certificate will be forwarded to her. f Citv ManagerlIntroduction of New Emplovees City Manager David Moseley introduced and welcomed Michael Olson, the new Deputy Director for the Management Services Department; he added Mr. Olson would begin December 4th g. Citv ManagerfEmerging Issues City Manager David Moseley reported no emerging issues. Iv. CITIZEN COMMENT Ron Walker Chair of the Diversity Commission spoke to highlight the important areas of the Commissions Business Plan on tonight's agenda. George Raffle, spoke in concern of the Solid Waste contract that has recently been bid. Federal Way City Council Regular Meeting Minutes November 6, 2001 - Page 3 Dan Casev, expressed his appreciation over the new Skate Park located near Gateway Center, he reported only minor problems with the use of the park, and also asked Council to look into placing astroturf at Celebration Park. V. CONSENT AGENDA a. b. c. d. Minutes/October 16 200 I Regular Meeting -Approved Vouchers-Approved Monthlv Financial Report/September 2001-Approved Diversity Commission 2001-2002 Business Plan-Approved City Redistricting Plan-Approved Council Bill #284/2001 Comprehensive Plan Amendments - Enactment Ordinance-Approved Ordinance #01-405 Arts Commission Appointment (unexpired term) -Approved e. f g. COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: '!Ì' VI. Burbidge Faison Gates Hellickson Yes Yes Yes Yes Kochmar McColgan Park Yes Yes Yes PUBLIC HEARINGS a. Biennial Budget Adjustments & Propertv Tax Rate (required hearing) Mayor Park read into the record the procedures to be followed for the public hearing and opened the hearing at 7:30 p.m. Hearing no citizen comment, Mayor Park closed the hearing at 7:31 p.m. DEPUTY MAYOR KOCHMAR MOVED TO CLOSE THE PUBLIC HEARING FOR THE BIENNIAL BUDGET ADJUSTMENTS & PROPERTY TAX RATE; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Yes Yes Yes Kochmar McColgan Park Yes Yes Yes Federal Way CiJy Council Regular Meeting Minutes November 6, 2001-Page 4 b. Limited Tax Exemptions for Downtown Housing Development Mayor Park read into record the procedures to be followed for the public hearing and opened the hearing at 7:31 p.m. Staff Presentation Patrick Dorhety, Community Development Deputy DirectorÆconomic Development gave a brief presentation to Council on the proposal of a Limited Tax Exemption for Downtown Housing Development. He stated the purpose of this tax exemption was in part, to stimulate housing construction in designated urban centers slated for growth in the cities' comprehensive plan. Citizen Comment Delores Shull, spoke on behalf of the Federal Way Chamber of Commerce, stating the Chamber is generally supportive, but would like to see more information on potential impacts to Federal Way School District and Fire Department. AI Church, Federal Way Fire Department Chief, noted there are concerns the department has with this proposal at this time. He added, Fire services are funded through the collection of property taxes and would like to see further information. Aaron Milson spoke in opposition to the Limited Tax Exemption, he stated that as a Federal Way resident since 1968 and senior citizen, he has always paid his increasing property taxes, and stated such a tax exemption would be unfair. Chad Savaikie, spoke in support for the Limited Tax Exemption, by exampling the two communities of Tukwila and HigWine. He asked Council to look long-term, such as 10- 20 years down the road. Tim Trohimovid, spoke on behalf of the "1000 Friends of Washington" and "Building Better Communities Coalition" in support of the Limited Tax Exemption, re-emphasizing the goal of multi use residential development, which the downtown core and frame are currently trying to encourage. Dave Larson, spoke in opposition to the Limited Tax Exemption, asking Council to review the increased property taxes burden of the low income and elderly residents of Federal Way. Federal Way City Council Regular Meeting Minutes November 6, 2001 - Page 5 Scott Kirkpatrick. on behalf of Sound Transit, spoke in support of the Limited Tax Exemption, noting this program would make Federal Way competitive in the region. He added you would be giving up revenue in the first 10 years, but gain in the long term. Dan Casey, spoke in support of the Limited Tax Exemption, he also noted this is a complicated issue and it warrants further discussion and review. H. David Kaplan. noted this was a limited area of the core and trame, he asked Council for a larger planning scope, so that it wouldn't risk creating a checker board effect in the downtown. COUNCILMEMBER MCCOLGAN MOVED TO CLOSE THE PUBLIC HEARING; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Yes Yes Yes Kochmar McColgan Park Yes Yes Yes City Council Deliberation/Referral Decision DEPUTY MAYOR KOCHMAR MOVED TO SEND THE PROPOSED LIMITED TAX EXEMPTIONS FOR DOWNTOWN HOUSING DEVELOPMENT BACK TO STAFF FOR FURTHER REVIEW WITH FIRE, SCHOOL DISTRICT; AND POLICE; COUNCILMEMBER HELLICKSON SECOND FOR DlSSCUSSION PURPOSES ONLY. Mayor Park clarified the intent of this discussion is not adopt, but detennine if the proposal should be returned to Land UselTransportation Committee for further review. DEPUTY MAYOR KOCHMAR WITHDREW HER MOTION. Councilmembers discussed the need for further research into the effects on the School District, Fire Department and Libraries who all receive funding from property taxes. Councilmember Gates also requested staff reevaluate multi-family rentals vs. condominiums. MAYOR PARK MOVED THE PROPOSED LIMITED TAX EXEMPTIONS FOR DOWNTOWN HOUSING DEVELOPMENT TO LAND USErrRANSPORTATlON COMMITTEE FOR FUTHER RESEARCH AND Federal Way City Council Regular Meeting Minutes November 6, 2001 - Page 6 REVIEW; COUNCILMEMBER BURBIDGE SECOND. The motion passed 4-3 as follows: Burbidge Faison Gates Hellickson Yes Yes Yes No Kochmar McColgan Park No No Yes VII. CITY COUNCIL REPORTS Councilmember Gates announced the next meeting of the FinanceÆconomic Development/Regional Affairs Committee would be held November 28th at 9:00 a.m.; and update Council on various regional issue. Councilmember Burbidge announced that due to the holiday, the next meeting of the ParkslRecreationlHuman Services/Public Safety Committee would be held at Dumas Bay Centre, November 19th at 12:00 p.m. She further reminded citizens and Council of upcoming event in the community and at the Knutzen Family Theatre. Councilmember Hellickson extended an invitation to all citizens for the South King County Multi Service CenterlFood Bank: Benefit held on December 6th at the King County Aquatic Center. Councilmember Faison had no report. Councilmember McColgan expressed his gratitude to the girl scouts who volunteered at Celebration Park, to remove scotch broom. He announced the next meeting of the Land Use/Transportation Committee would be held November 19th at 5:30 p.m., and congratulated his colleagues who were running unopposed in tonight's election. Deputy Mayor Kochmar recognized the Advancing Leadership students in tonight's audience, and noted King County's Solid Waste Plan will be coming to the city for revIew. Mayor Park had no report this evening. VIII. CITY MANAGER REPORT City Manager David Moseley reviewed the Emergency Operations Center (EOC) drill that occurred on October 24th. He expressed his gratitude to the Fire Department and Federal Way City Council Regular Meeting Minutes November 6, 2001 - Page 7 Lakehaven for their involvement, and to Cary Roe, Public Works Director, for his management of the drill. He noted this was an excellent opportunity to train for major events where coordination is crucial. Mr. Moseley was also pleased to report that Community Development's Associate Planner Jane Gamble was given a certificate of merit by the Sunrise Methodist Church for her assistance in the planning and creation of the Sunrise Memorial Garden. He also noted the new Mayor-elect ofHachinohe, Japan is Toshifumi Nakamura who will take office November 16th, he also noted Toshifumi's father also served as Mayor in the 1960's and 1970's. Mr. Moseley extended his best wishes to outgoing Mayor Nobuo Nakasato, who served three 4-year terms. City Manager David Moseley announced there would not be an executive session tonight. IX. EXECUTIVE SESSION a. b. Potential LitigationlPursuant to RCW 42.30.110(1 )(i) -cancelled ProDerty AcquisitionlPursuant to RCW 42.30.110(1 )(b) -cancelled x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at 8:50 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: November 20,2001 ITEM# L ú:) ---------------- -- - ------------------.- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Setting the Hearing Date of the Amendment of the Proposed 2002-2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) CATEGORY: BUDGET IMPACT: ~ CONSENT ~ RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Coutingency Req'd: $ $ $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated November 5, 20011 ~ ,- SUMMARYIBACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on h¡]y 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current future street and arterial needs. The City is required to hold a minimum of one public hearing on an amendment of the plans, which is proposed for the December 4, 200 I City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the December 4,2001 City Council meeting. Staff proposes to amend the TIP to enable the City to apply for a grant to fund improvements to South 324th Street at SR-99. Staff considered this project to be within the scope ofthe SR-99 Phase II project, as the need for these improvements were identified as part of the traffic analysis before design began. However, the Transportation Improvement Board staff considered the grant obtained only for improvements to SR-99, not to side streets. TIB staff has indicated that the South 324th Street improvements would have a good chance of being funded in 2002 through the Arterial Improvement Program. The improvements would add a left turn lane on South 324th Street at SR-99. This would allow removal ofthe inefficient "split phasing" for South 324th Street, thus improving the efficiency of the intersection. It would also shorten the queues of traffic that currently block driveways and the intersection of 17'" Avenue South, thus improving safety as well. -----------------------.-----------.--.--.--------- -- - ---------------- ------------------------------------------------------------------------ CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 5, 2001 meeting, the Land Use / Transportation Committee recommended scheduling a public hearing for the December 4, 200 I City Council Meeting for the review and adoption of the amended 2002-2007 TIP and ASIP. PROPOSED MOTION: "I move approval of scheduling a public hearing for the December 4,2001 City Council Meeting for the review and adoption ofthe amended 2002-2007 TIP and ASIP." --------------------------------- - -----------------~--- CITY MANAGER APPROVAL: ~, (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 DA TE: November 5, 2001 TO: Dean McColgan, Chair Land Use / Transportation Committee VIA: Rick Perez, Traffic Engineer RJ? David H. ~Manager SeUing the Public Hearing Date for the Amendment of the Proposed 2002-2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) FROM: RE: BACKGROUND In accordance with the requirements of Chapters 35. 77 and 47.26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation hnprovement Plan (TIP) and Arterial Street hnprovement Plan (ASn') on July 23, 1991. The City is also required to adopt a revised Tn' and ASIP on an annual basis that reflects the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on an amendment of the plans, which is proposed for the December 4, 2001 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation hnprovement Board. The attached Resolution sets the public hearing date for the December 4,2001 City Council meeting. The TIP will be presented to the Land Use/Transportation Committee on November 19, 2001. Staff proposes to amend the TIP to enable the City to apply for a grant to fund improvements to South 324th Street at SR-99. Staff considered this project to be within the scope of the SR-99 Phase II project, as the need for these improvements were identified as part of the traffic analysis before design began. However, the Transportation hnprovement Board staff considered the grant obtained only for improvements to SR-99, not to side streets. TIB staff has indicated that the South 324th Street improvements would have a good chance of being funded in 2002 through the Arterial hnprovement Program. The improvements would add a left turn lane on South 324th Street at SR-99. This would allow removal of the inefficient "split Phasing" for South 324th Street, thus improving the efficiency ofthe intersection. It would also shorten the queues of traffic that currently block driveways and the intersection of 17'h Avenue South, thus improving safety as well. RECOMMENDATION Staff is requesting the Land Use / Transportation Committee forward to the City Council a recommendation to authorize scheduling a public hearing for the December 4,2001 City Council meeting for the review and adoption of the amended 2002-2007 TIP and ASIP. RAP:dl Attachments >o\lut<Ol2oo1ltip "",ndmont h"rin~doc RESOLUTION NO. DRAFT lillYß r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING A PUBLIC HEARING DATE OF TUESDAY, DECEMBER 4, 2001 FOR CONSIDERATION OF AN AMENDMENT TO THE 20002- 2007 TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must annually revise and adopt a Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP"); and WHEREAS, the City of Federal Way's SEPA Responsible Official reviewed the proposed 2002 - 2007 TIP and ASIP under the State Environmental Policy Act, RCW 43.21C, and issued a Detennination of Non significance on June 6, 2001; WHEREAS, the City Council of the City of Federal Way, adopted the 2002 - 2007 Six-Year Transportation Improvement Program and Arterial Street Improvement Plan on July 17, 2001; and WHEREAS, the City Council desires to consider an amendment to the 2002-2007 TIP and ASIP; and WHEREAS, a public hearing must be held prior to the City Council's adoption of amendments to an adopted Six-year Transportation Improvement Program and the Arterial Street Improvement Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Res. No. -' Page 1 Section 1. Public Hearing. A public hearing shall be held on the proposed amendment to the 2002-2007 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, December 4, 2001, at the Federal Way City Hall Council Chambers. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 4. Effectiye 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_dayof-, 2001. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Res. No. -' Page 2 APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\resol TIPpubhmgO 1 amend.doc Res. No. -' Page 3 ~AEETING DATE: November 20,2001 ITEM# ~ ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Federal Way Potential Annexation Area (P AA): Sub Area Plan and Annexation Feasibility Study CATEGORY: BUDGET IMPACT: X CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $240,000 $ $ ATTACHMENTS: October 29, 2001 Land Use and Transportation Committee (LUTe) Memorandum, Professional Services Agreement, Exhibit A - Scope of Services, Exhibit B - Budget, Exhibit C - Federal Way Code of Ethics, Exhibit D-Schedule. SUMMARY/BACKGROUND: On July 9, 2001, stafIpublished a request for proposals (RFP) in two regional newspapers and sent the RFP to consulting finns listed in the Architecture and Engineering roster. The City received five proposals in response to the RFP. The Consulting finn Bucher, Willis & Ratliff (BWR) was selected to complete the study of the Federal Way PAA. BWR will be supported by four sub-consultants. The BWR team was selected because of their superior proposal and interview, the City's previous collaborations with many of the sub-consultants, and the team's lity to complete the project scope of work within the specified budget and deadline. BWR will begin the P AA study upon execution of the contract by the City Manager. The P AA: Sub-Area Plan and Annexation Feasibility Study has a budget of $240,000. Pursuant to a December IS, 2000 Interagency Agreement between the City of Federal Way and King County, King County will contribute $40,000 towards the cost of the study. Staffhas made minor revisions to the original Professional Services Agreement based on LUTC and Law Department recommendations. Staff has also made minor revisions to the original project schedule (Exhibit D). CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC has recommended the City Manager's authorization to execute a contract with the Bucher, Willis & Ratliff Corporation in the amount of $240,000 for plamùng services to complete the Federal Way P AA: Sub Area Plan and Annexation Feasibility Study be placed on the November 20, 2001 Council Consent Agenda. PROPOSED MOTION: I move to authorize the City Manager to execute a contract with the Bucher, Willis & Ratliff Corppration in the amount of $240,000 for plamùng services to complete the Federal Way P AA: Sub Area Plan and Annexation Feasibility Study. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (on/inaneesanty) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 0511012001 _OF .c::::.. . ED~ ~~ A'Y" MEMORANDUM DATE: October 29,2001 TO: Dean McColgan, Chair Land Use and Transportation Committee FROM: VIA: David Moseley, 1 SUBJECT: Federal Way P tential Annexation Area (PAA): Sub-Area Plan and Annexation Feasibility Study Contract BACKGROUND On July 9,2001, staff published a request for proposals (RFP) in two regional newspapers and sent the RFP to consulting firms listed in the Architecture and Engineering roster who have the capabilities of completing the P AA study within the predetermined deadlines. The City received five proposals in response to the RFP. A proposal review committee represented by the Community Development Services Department, Public Works Department, GIS Division, and King County reviewed each proposal. The proposal review committee interviewed the following three project teams: HuckelllWienman Associates, Johnson, Davies and Lathrop, and the Bucher, Willis & Ratliff Corporation (BWR). The BWR team was selected to complete the PAA study. Four sub consultants providing expertise in transportation modeling, economic and fiscal impact analysis, and environmental engineering and analysis will support BWR. The BWR team was selected because of their superior proposal and interview, the City's previous collaborations with many of the sub consultants, and the team's ability to complete the project scope of work within the specified budget and deadline. BWR will begin the P AA study upon execution of the contract by the City Manager. The P AA: Sub-Area Plan and Annexation Feasibility Study has a budget of $240,000. RECOMMENDA nON Staff recommends that the following items be placed on the November 20,2001 Council consent agenda: Authorize the City Manager to execute a contract with the Bucher, Willis & Ratliff Corporation in the amount of $240,000 for planning services to complete the Federal Way PAA: Sub-Area Plan and Annexation Feasibility Study. Funding for this work has been appropriated in the adopted Federal Way 2001 biennial budget. DRAFT /7//¥d I PROFESSIONAL SERVICES AGREEMENT FOR FEDERAL WAY POTENTIAL ANNEXATION AREA: SUB-AREA PLAN AND ANNEXATION FEASffiILITY STUDY This Professional Services Agreement ("Agreement") is dated effective this 6th day of November 2001. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Bucher, Willis, & Ratliff, a Kansas corporation ("Consultant"). A. The City seeks the temporary professional services of a skilled independent Consultant Team capable of working without direct supervision, in consultation with City Elected Officials and Staffin preparing a Potential Annexation Sub-Area Plan and Annexation Feasibility Study; and B. The Consultant has the requisite skill and experience necessary to provide such services. Now, THEREFORE, the Parties agree as follows: 1. Services. Consultant shall provide the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The tenn of this Agreement shall commence upon the effective date of this Agreement and sha1I continue until the completion of the Services, but in any event no later than September 28,2002 ("Tenn') This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Consultant 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediateJy with or without cause by the City. The Consultant may cancel this Agreement ouly upon thirty (30) clays prior written notice to the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Consultant performing the Services, the City agrees to pay the Consultant an amount not to exceed Two Hundred Forty Thousand and noli 00 Dollars ($240,000.00) calculated on the basis of the estimate set forth in ExhibitB attached hereto and incorporated by this reference. The maximum payment for services rendered shall not exceed Two Hundred Forty Thousand and no/1O0 Dollars ($240,000.00). 4.2 Method ofPavment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City (which invoice shall specifically describe the Services performed, the name of Consultant's personnel -I- perfonning such Services, and the hourly labor charge rate for such personnel), and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Consultant Resoonsible for Taxes. The Consultant shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Comoliance with Laws. Consultant shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Consultant 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 being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Consultant shall be an independent Contractor and that the City shall be neither liable nor obligated to pay Consultant 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. The Consultant shall pay all income and other taxes as due. 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 Consultant, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Consultant mayor will be perfonning professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with ConsuItant's ability to perform the Services. Consultant agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Consultant Indemnification. The Consultant agrees to indemniJÿ, defend and hold the City, its elected officials, officers, employees, agents, and volunteers hannIess ITom any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising ITom, resulting ITom, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Consultant, its partners, shareholders, agents, employees, or by the Consultant's breach of this Agreement. Consultant waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Consultant'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. -2- 8.2 Citv Indemnification. The City agrees to indemnify, defend and hold the Consultant, its officers, directors, shareholders, partners, employees, and agents harmless ITom any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all pernons or entities, including without limitation, their respective agents, licensees, or representatives, arising fìum, resulting ITom or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 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. 9. EQual ÛDDortunitv EmDlover. In all Consultant services, programs or activities, and all Consultant hiring and employment made possible by or resulting ITom this Agreement, there shall be no discrimination by Consultant or by Consultant's employees, agents, consultants or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including senso¡y, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Consultant shall not violate any of the tenDS of Chapter 49.60 RCW, Title vn of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state, or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Consultant's breach, may result in ineligibility for further City agreements. 10. Confidentialitv. All information regarding the City obtained by Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by Consultant will be grounds for immediate termination. II. Insurance. The Consultant agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfacto¡y to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits ofliability not less than $2,000,000 for bodily injury, including personal injury or death, products liability, and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 11.4 Professional liability insurance with combined single limits of liability not less than $2,000,000 for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors, or omissions of the Consultant. -3 - The City shall be named as additional insured on all such insurance policies, with the exception of professional liability and workers' compensation coverages. Consultant shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, fmnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Tenn of this Agreement, except after thirty (30) days prior written notice to the City. If Consultant's insurance policies are "claims made" or "claims paid," Consultant shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Consultant's failure to maintain such insurance policies shall be grounds for the City's immediate termination of . this Agreement. The provisions of this Section shall survive the expiration or tennmation of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. All originals and copies of work product, including plans, sketehes, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material which may be produced or modified by Consultant while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Consultant shall be delivered to the City. 13. Books and Records. The Consultant 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 necessaI)' by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall 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. 14. Non-Appropriation 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. 15. General Provisions. 15.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 15.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. -4- 15.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assil!lllIlent. Neither the Consultant 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. 15.5 Subconsultants. The Consultant is hereby authorized to execute Subconsultant Agreements with the following finns to provide services in support of this contract: Henderson Y OWlg & Company; ECD Nothwest; Mirai and Associates; and KCMlTetra Tech. No additional Subconsultant Agreements will be executed without prior written approval of the City. Consultant shall remain responsible for the full and faithful performance of this agreement. The City shall not be liable for any payment to any subconsultant. 15.6 Successors in Interest. Subject to the foregoing Subsection, 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. 15.7 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 15.8 No Waiver. 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. 15.9 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.10 Authoritv. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Consultant or the City. 15.11 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. 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 below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 15.12 CaDtions. The respective captions of the Sections of this Agreement are inserted for convenience of reference ouly and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 15.13 Performance. Time is of the essence of 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 Consultant's performance of this Agreement. Consultant shall not be beld liable for delays caused solely by the City. - 5- 15.14 Remedies Cumulative. 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. 15.15 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 15.16 Comoliance with Ethics Code. Ifa violation of the City's Ethics ResolutionNo. 91-54, as amended, occurs as a result of the fonnation and/or perfonnance of this Agreement, this Agreement may be rendered null and void, at the City's option. A copy of the Ethics Resolution No. 91-54 is attached hereto as exhibit C and made a part hereof as though fully set forth herein. 15.17 Equal ÛDOOrtunitv to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be constructed against any party upon a claim that that party drafted ambiguous language. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 First Way South PO Box 9718 Federal Way, WA 98063-9718 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Bob C. Sterbank, City Attorney BUCHER, WILLIS, & RATLIFF CORPORATION By: Stephen G. Lewis, Executive Vice-President 2003 Western Avenue, Suite 100 Seattle, WA 98121-2193 206-448-2123 JIDOCUMENN' ^^ PIw< II\PSAdodLMt pm'" 1111312001 "" PM -6- city of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Exhibit A - Scope of Services Part One: PAA Subarea Plan Phase One: ManaGement Task 1.1: Coordinate PAA Subarea Steering Committee and Staff Work Group - The Consultant will voluntarily conduct an initial organizational meeting with the Steering Committee and Staff Work Group to review the: Proposed scope of services and work plan; Schedule; Draft communications plan, identifying all meetings including public involvement; Proposed environmental review process; City provided "stakeholder/mailing" list; and Initial data and resource needs. Task 1.2: Public Involvement Plan - The Consultant will prepare a draft Communications Plan for review by the PAA Subarea Steering Committee and Staff Work Group for City review during the meeting in Task 1.1. This plan will be prepared in accordance with the Goals and Policies of the Growth Management Act as well as the City of Federal Way and King County Comprehensive Plans. A matrix or narrative documenting this compliance will be provided for inclusion in the final document. The Consultant will provide an array of opportunities for people in the proposed annexation areas to participate in this process. First, the Consultant will address concems by dividing the area into 4 - 5 subareas for both evaluation and reporting (See Part 2 Task 1.1). The Consultant will deal with each area as part of a larger open house, with it's own workstations (assumed in the budget). The Consultant will add to the City's web page and newsletter to create opportunities for those that do not like the public meeting process to comment and participate as well. The Consultant shall prepare draft articles for inclusion in the newsletters of the Lakehaven Utility District and the Highline Water District describing the impact of the annexation on residents within their service areas. The Steering Committee and/or the Staff Work Group will be the "working committees" to review all reports, technical documents, and memoranda developed during the project. The Planning Commission would serve in its traditional role and the City Council is kept informed throughout the process in order that they can make an effective decision when the final report is presented. In every case, the Consultant will submit a progressltechnical report two weeks prior to making a presentation. City Staff will be responsible for providing administrative and logistical support to each committee and will provide the Consultant with a delineation of the roles and responsibilities of each committee. Over the course of the approved planning process detailed in Exhibit D, the Consultant will facilitate up to nine meetings of the Steering Committee and Staff Work Group. The Consultant will also facilitate up to five open house presentations and four Planning Commission/City Council presentations. The Consultant will facilitate an open house after completion of the inventory phase of the project, but prior to detailed studies, keeping a 'no surprises" format throughout the project to build trust throughout the process of plan production. Bucher, Willis & Ratliff Corporation city of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study The Consultant, in conjunction with City Staff, will prepare a written summary of comments received during all public meetings and will consider this input when formulating project recommendations. The Consultant will also provide attendance sheets to document participation at all public meetings. The Consultant understands that the City reserves the right to change the audience for an intended meeting, but not increase the total number of meetings which may require a scope and budget adjustment. Task 1.3: Inventory - Most of the information needed for this evaluation is already available. Therefore, the Consultant has not included the cost of collecting new data in the Budget. Further, the City of Federal Way will provide all GIS-related services. The City will provide the Consultant with digital GIS files suitable for production and the consultant will print all maps. The City shall be responsible for the collection of inventory data and all requests for data shall be directed to the City Staff. With assistance from the City of Federal Way and King County, data to be collected and reviewed by the Consultant Team includes: Existing land uses and development activity within the PAA. Comparison of King County and City of Federal Way comprehensive plan and zoning designations. Housing inventory, conditions, and afford ability analysis. Inventory of the existing street system, including streetlights, surfacing and sidewalks, with only spot checks of the County inventory to determine the accuracy of the data. If the data is highly inaccurate an amendment to the Scope of Services and Budget may be required.. Traffic volume and safety and transit data. Inventory and ownership of the existing drainage system. Public and natural systems will be a part of the inventory. Private facilities will be inventoried to the extent to which they have been mapped by public agencies. The inventory will include the natural system, wetlands, bogs, streams, detention facilities, conveyance facilities, floodplains, other public man made features, and a summary of planned surface water improvements included in approved capital improvement plans, Summary of citizen requests, inquiries, and complaints to King County Surface Water Management and King County Roads in past five years. Summary of applicable surface water plans, including Lower Green River, Mill Creek, White River, Hylebos Creek Basins, and the City of Auburn SWMP. Summary of planning requirements based on ESA listing of specific salmonid runs. Inventory of environmentally critical areas, including wetlands, geologically hazardous areas (as defined in the FWCC), streams, lakes, wildlife habitat, floodplains, aquifer recharge areas, and wellheads. Inventory of public and private water and sanitary sewer systems from current providers including a summary of capital improvements in approved capital facility plans for the Lakehaven Utility District, the Highline Water District, and King County.. Private water systems will be addressed to the extent that water plans are available for these systems. Parks, open space, and recreation facilities. Inventory of sewer systems from current providers. Septic sewer surveys. Inventory of police and public safety facilities. Inventory of fire and EMS facilities. Inventory of public school facilities and summary of planned capital improvements for the Federal Way School District. Other public facilities (e.g. senior centers, etc.) Bucher, Willis & Ratliff Corporation 2 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Task 1.4: Report - An Inventory Report will be prepared for review by the Steering Committee and Staff Group. A draft report, including a camera-ready and digital copy, will be provided for the City to print and distribute. After Steering Committee and Staff Group Review, twenty copies of the Final Report and all related maps, and a digital copy will be provided to the City. Graphs and maps will be produced in color where appropriate. Task 1.5 Meetings -One meeting with the Steering Committee & Staff Work Group and one Open House are anticipated. Phase Two: Characterization Studv of PAA Task 2.1: Existing Land Use & Zoning Designations - The Consultant Team will evaluate existing land use and zoning designations, both in the City of Federal Way and the potential annexation areas (PM). In addition, the Consultant will review the Capacity Analysis prepared by the City. We will then recommend appropriate amendments to designations within the PMs for consistency with the City's comprehensive plan and zoning codes. After the preliminary analyses described in Part 1, Task 2.2, and Part 2, Tasks 6.1 and 6.2, the Consultant Team may recommend amendments to the zoning designations in order to achieve a higher 'retum on investment" ratio or to meet level of service standards. The Consultant Team may also recommend amendments to existing City of Federal Way zoning categories if needed to better achieve integration of the PMs over time. Task 2.2: Level of Service Analysis (LOS) - The Consultant Team will evaluate the City's adopted level of service standards and compare them to those currently available in the PMs. In addition, we will also document current 'pipeline" projects (both public and private) that may impact the LOS within each PM zone. We have found it to be useful to document anticipated County expenditures and developer contributions for public improvements in proposed annexationflncorporation areas as a record of anticipated improvements to be funded by the County, either before or after annexation. An initial step in this Task, and for the benefit of other tasks in the work plan, the Consultant team and the City will verify that the fOllowing public services and facilities will be included in the study of the PM and the Annexation Feasibility Study: Roads Water Sewer Stormwater Parks and recreation Police Community development (including long range planning, building permits, land development review, and code enforcement) Human services Solid waste Municipal court/prosecutor/public defender The following public services and facilities will not be included in the study of the PM and the Annexation Feasibility Study: Bucher, Willis & Ratliff Corporation 3 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Fire protection Schools Library As part of the Level of Service analysis, the Consultant Team will create an existing conditions or baseline for comparison of potential land use scenarios that will include, but is not limited to: Evaluating the suitability of the City's existing EMMEl2 travel demand model with respect to the roadway network and TAZ. structure, including the dis- aggregation of existing TAZ. structure. The Consultant will expand the Federal Way Model to create a Base Year Model addressing the PM Subarea. The Consultant will coordinate the TAZ. boundaries, intersection nodes, etc. and prepare Existing Condition Level of Service calculations for up to 27 intersections. EMMEl2 travel demand modeling of existing and comparable City of Federal Way land use designations. The Consultant will create a Future Year Travel Demand Model for up to two land use scenarios (one altemative being City/County adopted plans and one containing land use adjustments if needed). The Consultant will prepare future Level of Service results for up to 27 intersections for up to two future land use alternatives. Recommendations to attain level of service standards will be made. Surface Water Level of Service Evaluation: The Consultant will evaluate the City's adopted level of service standards for drainage facilities (maintenance, capacity, etc.) and compare them to those currently available in the PMs. In addition, the Consultant will also document current .pipeline" projects (King County SWM and Roads) that may impact the LOS within each PM zone. It is useful to document anticipated County expenditures for public improvements to the drainage infrastructure in proposed annexation/incorporation areas as a record of anticipated improvements to be funded by the County, either before or after annexation. Assessing the consistency and compliance of plan alternatives with the GMA, CWPPs, and FWCP. The Consultant will prepare a consistency evaluation matrix. Task 2.3: Draft PM Goals, Objectives & Policies - Based upon the policy analysis completed in Task 2.2, the Consultant Team will recommend a draft set of goals, objectives, and policies for the PMs that will be consistent with the GMA, CWPPs, and FWCP policies. This will include (if applicable) recommendations on appropriate land use and densities, protection of environmentally sensitive areas, preservation or enhancement of community character, and the extension of public facilities. Task 2.4: Progress Report - A written progress report will be submitted upon completion of Task 2.3 and at least one week in advance of the next Steering Committee and Staff Work Group meeting. Task 2.5: Meetings - The Consultant will prepare for and attend one Steering Committee and Staff Work Group meeting, and one Open House during this phase. Phase Three - Draft PM Subarea Plan Task 3.1: Revise Goals, Objectives & Policies - Following the meetings described in Task 2.5, the Consultant Team will revise the goals, objectives, and policies for the PM Subarea Plan. Task 3.2: Draft PM Subarea Plan - The draft Subarea Plan will include goals, policies, implementation actions, and a relational timeline that is consistent with the FWCP fonnat and organized according to: Bucher, Willis & Ratliff Corporation 4 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Land Use (including capacity analysis) Inter-jurisdictional Coordination Capital Facilities Transportation Housing Economic Development Natural Environment Utilities Parks and Recreation Public Participation Figures for the Draft PAA Subarea Plan will be based on Inventory maps and would include: vicinity map, existing and planned land use, existing and planned capital facilities, existing and planned street network maps, critical area maps, existing and planned utility system maps, and parks inventory. Task 3.3: Zoning & Development Standards Amendments - The Consultant Team will prepare amendments to Zoning District Regulations, Use Zone Tables, and Development Standards as appropriate for the PAA Subarea. Task 3.4: Environmental Review - The Consultant Team will review both the existing City FWCP EIS and the King County Comprehensive Plan EIS in anticipation that limited additional analysis, other than that discussed above, will be needed. Currently, depending on how the PAAs were treated in the City's Comprehensive Plan, it may be advisable to adopt the County's Comprehensive Plan EIS, as it applies to the PAAs and as addended in this process. Task 3.5: SEPA Addendum - The Consultant Team will prepare an addendum to the FWCP Environmental Impact Statement, as appropriate. Per the SEPA rules, an "addendum" means an environmental document used to provide additional information or analysis that does not substantially change the analysis of significant impacts and altematives in the existing environmental document. If the land use designations proposed for the PAA are within the range of altematives addressed in prior EIS's, then it is likely that an addendum can be prepared. The addendum may contain brief analysis from the Inventory and level of Service Analysis tasks as appropriate. Task 3.6: Draft PAA Subarea Plan - The Consultant Team will prepare a camera- ready and digital copy of a draft PAA Subarea Plan for review. The City will be responsible for printing and distribution of the draft report. Task 3.7: Meetings - During Phase Three, the Consultant Team will prepare for and attend two meetings of the Steering Committee and Staff Work Group, a meeting each with the Planning Commission and City Council (or appropriate Council Committee), and one Open House. Phase Four - Final PAA Subarea Plan Task 4.1: Final Subarea Plan - Based upon the outcome of discussions and meetings as described in Task 3.6 and 3.7, the Consultant Team will prepare a camera-ready and digital copy of a Final adopted PAA Subarea Plan for Staff Work Group review. Task 4.2: Progress Report - Upon concurrence of the Revisions to the Subarea Plan, the Consultant Team will prepare twenty copies of the final adopted plan including all Bucher, Willis & Ratliff Corporation 5 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study maps for Client use, as well as a digital "master" from which the City can make as many copies as desired. Maps and graphs will be printed in color where appropriate. Task 4.3: Meetings - During this Phase, the Consultant Team will prepare for and attend two Steering Committee and Staff Work Group meetings, one Open House, and one meeting each of the Planning Commission and City Council to present the final plan. Part Two: Annexation Feasibility Study Phase One: Methodoloav and Data Collection Task 1.1: Methodology for Fiscal Impact Analysis The Consultant will work with the Steering Committee and Staff Work Group to finalize the scope of services for the feasibility analysis of annexation. The framework for this analysis will be based on answers to the following five questions: 1. What direct services (including the construction, operation, and maintenance of capital facilities) does the City of Federal Way provide its current residents and businesses? 2. What are the "fully-loaded" costs of providing those services? 3. What would be the incremental cost of extending the provision of those services to the residents and businesses of the potential annexation areas? 4. What additional revenues should the City expect to receive if it were to annex any or all subareas? 5. How do the incremental costs compare to the incremental revenues? The Consultant will prepare a methodology memorandum, and the City will review and approve the methodology to be used in the fiscal impact analysis. Examples of issues to be resolved include which services will be studied, timeline and time horizon of forecasts cost basis (i.e. per capita v. per unit of service), and cost inclusion (i.e., direct cost v. total cost including both direct and indirect costs). The Consultant and the City will also determine what sub-areas to study. Criteria for selection of sub-areas include: Neighborhood affinities The spatial distribution of likely capital investments and any natural lines of demarcation that might arise from them Obvious natural groupings in the ability to deliver services in an efficient manner Balancing the tradeoff between the desire for (1) detailed information (2) the most efficient and useful use of team resources. Task 1.2: Collect Data for Fiscal Impact Analysis Some of the additional data inventoried by the Consultant Team in Task 1.3 will also be used as inputs to the analysis of the fiscal impacts of annexation. Other data to be collected by the Consultant for the annexation feasibility study includes: Current population and households by type-based on 2000 Census, block-level data, supplemented by parcel level records of residential housing units. 1999 or 2000 employment by major category. Current and historical assessed values of real property in the potential annexation areas-both total and taxable. Bucher, Willis & Ratliff Corporation 6 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Appreciation rate of assessed value. Historical taxable personal property. Current and historical taxable retail sales and local retail sales and use tax revenues for all cities and counties in the region. Utility rates and historical revenues for Federal Way and other regional cities. City and County taxable sales and rate of growth. Charges for services and rate of increase in charges. Existing levels of service and level of service standards or benchmarks: City and PAA (see Task 5.1 and 5.2) Identified capital needs Debt service factors (tax rate, interest rate on debt, etc.). Task 1.3 Evaluate Data The Consultant will evaluate these estimates, first cross-checking them against parcel- level data contained in the assessor's database, then seeking input from the King County demographer. The Consultant will then collect the available information and consult with City planners to determine final estimates of population, employment, and housing units to be used during the remainder of the project. Phase Two: Initial Fiscal Scan Task 2.1: Approximation of Costs and Revenues of Existing PAA Land Use The Consultant will use data that is readily available to prepare an initial "rough order of magnitude" estimate of the costs and revenues associated with the PAA's existing land use plan. Task 2.2 Report on Preliminary Cost and Revenue Estimates The Consultant Team will generate a brief summary of the estimated operating costs and revenues developed in Task 2.1 to serve as the basis for determining potential actions to alter the 'retum on investment" associated with annexing each Potential Annexation Area. The report on Preliminary Costs and Revenue Estimates will also inform a Steering Committee and Staff Work Group Meeting. Cost and revenue forecasts will use the City's cost of service and the City's rates for revenues as the basis for the preliminary estimates of annexing the PAA. Task 2.3 Meetings During Phase Two, the Consultant Team will prepare for and attend one meeting of the Steering Committee and Staff Work Group to outline the findings of the preliminary cost and revenue estimates and to discuss potential implications for Task 2.4. Task 2.4 Land Use/Fiscal Scan Interaction The Consultant Team will use the information from Task 2.1 to identify potential actions that could lead to a higher "retum on investment." Determination of potential actions will be based on the estimated incremental effect of potential land use changes on Federal Way's existing revenue base and cost structure. The assessment will rely on the Consultant Team's familiarity with ECONorthwest's 2000 Market Analysis and Land Use Forecast, ECONorthwest's ongoing Market Analysis for Federal Way's City Core and Frame, and the Team's understanding ofthe relationship between land use pattems and service demand. The analysis and strategies prepared for this Task will be incorporated in, or used as an input to the development of the Economic Development element of the PAA plan. The policies identified in this Task will be used in the assumptions and analysis of the Annexation Feasibility Study. Bucher, Willis & Ratliff Corporation 7 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Phase Three: Service Volume and Levels of Service Task 3.1: Service Output and Level of Service Measures The Consultant will specify output measures and level of service measures for the fiscal impact study. (This task provides the list of output and level of service measures for data that is collected in Task 2.) Task 3.2 Service Volume and Level of Service The Consultant will analyze the data reported during Task 2 for each output and level of service measure. The Consultant will use the service volume and levels of service data, as well as population and employment projections to forecast demand for services in the PAA. The Consultant will compare the level of service provided by the City of Federal Way to the level of service by providers of public services and facilities in the PAA. Phase Four: Costs Task 4.1 Unit Cost and Staffing of Service in Federal Way The City will provide expenditure and staffing data for services provided by the City. The County and districts will provide expenditure and staffing data for services they provide in the PAA. The Consultant will analyze the City's expenditures and service volume to determine the City's cost per unit for each service (I.e., the full, direct cost of providing one unit of service to the City of Federal Way). The direct costs will be adjusted to account for the City's administrative and support costs. The Consultant will calculate the cost per unit (I.e., per unit of service, or per capita, as appropriate). Task 4.2 Operating Costs to Achieve Federal Way's Level of Service The Consultant will use the demand forecasts from Task 3.2 and the unit cost of services from Task 4.1 to forecast impacts on Federal Way's operating budget and staffing in the event that the Federal Way were to annex the PAA. Task 4.3 Capital Costs The Consultant will obtain current Capital Improvement Plans for providers of public services and facilities in the PAA (i.e., King County and districts). These plans may indicate capital improvements and revenues that may be invested before annexation, or which may be made available to the annexation area as a result of implementation strategies developed by Federal Way. The Consultant will identify areas where the Capital Improvement Plans of current service providers diverge from Federal Way's level of service benchmarks. The City will review the existing Capital Improvement Plans and level of service information provided by current service providers and identify additional capital improvement project investments needed to provide Federal Way's level of service. The cost estimates will include net additional investment estimates for administrative or maintenance facilities based on calculations of additional staff that would be needed to provide services to the PAA. The Consultant will assist the City to prepare cost information associated with transportation needs in LOS deficient areas. Cost estimates will be based on similar project examples. Bucher, Willis & Ratliff Corporation 8 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study The Consultant will estimate costs associated with the suñace water needs. The City will be responsible for all suñace water Issues. The City now obtains water from the Lakehaven Utility District and Highline Water District. Sewer service is provided to most of the PAA by Lakehaven Utility District. Costs will be summarized for currently identified sewer and water capital projects based upon the existing utility district capital facility plans. Should the water/sewer districts provide input regarding the need and cost for facilities to serve areas where changes in land use designations are proposed, this information can be folded in. Task 4.4 Cost Summary The Consultant will synthesize the operating cost and cost of capital improvements, providing estimates of the costs the City would incur were it to annex the PAA. Phase Five: Revenues Task 5.1: Revenue History of Federal Way and Other Providers of Public Services and Facilities The Consultant will use Federal Way's financial reports and Budget to list each source and amount of revenue that the City currently receives. The City will provide any longer range forecasts that have been prepared. The Consultant will obtain lists of the specific sources of revenue that are received by providers of public services and facilities in the PAA (i.e., King County and Special Districts). Task 5.2 Revenue Forecasts The Consultant will estimate the revenues from each source that the City would receive were it to annex the PAA. Phase Six: Fiscal Comparisons Task 6.1 Tax Rate Comparison The Consultant will compare the rates for taxes, fees and other charges charged by the City of Federal Way to the rates currently charged by providers of public services and facilities in the PAA. Task 6.2 Comparison of Cost to Revenue The Consultant will compare costs to revenues for the PAA. The comparison will provide an estimate of potential net retums associated with annexation that will include, but is not limited to: An estimate of potential revenues, costs and staffing for annual operations and maintenance to provide the PAA with Federal Way's level of service. This estimate will be prepared assuming full annexation and full service delivery in the year 2002. An estimate of infrastructure costs that would raise the PAAs level of service to City of Federal Way standards (or an appropriate level that corresponds with the needs and desires of local residents). An estimate of revenues available for capital improvements. The estimate of capital costs and revenues will be for two periods: 6 years (corresponds to local Capital Facilities Plans) and 20 years (corresponds to comprehensive plans). A summary of economic trends that could affect future costs and revenues. Bucher, Willis & Ratliff Corporation 9 CIty of Ft!detäl Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Phase Seven: Annexation Strateaies Task 7.1: Strategic Alternatives The Consultant will identify and/or develop strategies that will help make the annexation of all or part of the PM acceptable to the City and the area that would annex to Federal Way. Strategies may include; Subdivide the PM into annexation priority areas based on the their: 1) land use developability and ability to produce a revenue neutral return to the City; 2) neighbomood willingness to annex; 3) City's ability to serve; and 4) logical and reasonable service areas. Phase the annexation of the geographic subareas over several years. Phased implementation of services to raise the PM's level of service to the phased standard (desired by the City and the community). The phasing schedule will include an analysis of revenues and costs projected for 20-years, in five-year increments, Contracting with current service providers to continue services to the annexation area for a specified period of time, or permanently. Create special limited districts (LIDs, RIDs, or TBDs) or establish other new sources of revenue. Financial incentives and/or service agreements with King County or other agencies that would increase the feasibility of annexation. The Consultant will summarize the results of Task 7.1 in a matrix that lists each strategy and summarizes the rationale for each recommendation. Task 7.2 Cost and Revenue Phasing The Consultant will prepare a cost and revenue forecast that shows the impact of any phasing strategies that are recommended for Federal Way. Task 7.3 Strategic Planning The City will review the Consultant's strategic alternatives. The City and Consultant will jointly refine and finalize the strategic alternatives for annexation. Phase Eiaht : ReDort and Presentation Task 8.1: Draft Annexation Feasibility Report The Consultant will prepare a report summarizing the costs, revenues, levels of service and annexation strategies for the PM. Maps are anticipated to include vicinity maps and annexation phasing maps. Cross-reference can be made to Inventory maps included in other documents. A camera-ready and digital copy will be provided. Task 8.2 Review Draft Annexation Feasibility Report The Staff Work Group, Steering Committee, Planning Commission, LUTC, and City Council will review drafts of the Annexation Feasibility Report. The Consultant will respond to questions and suggestions from the City. Task 8.3 Final Annexation Feasibility Report The Consultant will prepare the final Annexation Feasibility Report. Twenty copies of the report will be provided as well as a camera-ready and digital copy. All graphs and maps will be printed in color where appropriate. Bucher, Willis & Ratliff Corporation 10 City of Federal Way Potential Annexation Area Subarea Plan And Annexation Feasibility Study Task 8.4: Presentation of Final Report The Consultant will present the final Annexation Feasibility report at one public meeting to be scheduled and organized by the City. Bucher, Willis & Ratliff Corporation 11 EXHIBIT B POTENTIAl ANNEXATION AREA SUB-AREA PLAN ANS ANNEXATION S1UOY PROJECT BUOOET PHASE AND TASKS 9WR TOTAL ECO + HYCo T_ToehlKCM Mlral TEAM TOTAL PART ONE: PM SUBAREA PLAN Pho.. On. - M.....m'" 1.1 Coo«II',," PM SUbo--ri"" Comm"" ,""""WO<kGroup $0.00 50.00 50.00 1.2Pu~lol"""'me"'P~, 5~015.16 50.00 52,015.16 1.3I~,"" 56,451.20 $5,299.20 516,41S.S1 5"',170.31 14 Report $5,675,76 $2,265.60 57,941,36 1.5 Meeti"". $1,277.44 51,177.60 $2,055,04 "",.. Two - Ch..".._o."'dy of PM $0.00 50.00 2.1 Ðdoti"Lo""Uu'Zo""Des~'_. $4,586,88 50.00 $4,586.88 2.2 L- d"""'" An"";' (LOS) $16,064.40 $1,500.00 55,316.40 512,443.96 536,226.76 2.3 Dmt PM Subo... G..~, O~_' P~o;a 53,711,72 50.00 53,711.72 '4p.."",Re"" 5848.49 $1,606.40 $2,45289 2.5M"'". $2,361.16 $1,382.40 53,763.58 Pho.. 3 - Dro1t PM Suba... PI,. 50.00 50.00 3.1R""Goels,0~_'P~- $1,43066 5460.60 $1,891.66 3.2 Onoft PM Subora' PI.. 53,952.00 $2,660.60 56,612.60 3.3 2on'" . """opment 510"""'" Am..dme"'" $'3,170.72 50.00 53,170.72 3.4 Com"" EoMro'me""" R<Mew S1,244.45 50,00 $1,244.46 3.5 SEPA Add..dum 53,747.90 50,00 53,747.90 3.6 Draft PM Suba... PI.. 5603,00 50.00 5603.00 3.7 Meeti.... $4,759.04 S2,073.60 S6,832.64 "",.. Fou, - FI." PM Suba.., PI.. 50.00 50.00 4.1F""Subo_"', 53,263.92 $2,054.40 $5,316.32 4.2 Pmg"" Report 5"'.70 $1,657.60 $2,217.'" 4.3 Meeti',. $4,331,04 5755.20 $5,06624 50.00 50.00 PART TWO' ANNEXATION FEASIBILITY STUDY 50.00 50.00 Phm.O"' - M""'ology ,"" On" CoII_o. 50.00 SO.OO 1.1 MeIh..~..ylo'F'~lImpaotA"'ysls 50.00 $1,990.00 5691.20 $2,661.20 1.2CollectOn"."FIsoollmpaotA",lysls 50.00 $4,220.00 50.00 $4,220.00 1.3E"'-"'" 50,00 53,690.00 50.00 $'3,690.00 ""mTwo - "..,, Fiscal scan 50.00 $0.00 50.00 2.1 Ap,"",m",," Costs ,"" R"",",ua d EM"" PM Lo,d Uu 50,00 5~460.00 53,392.00 $5,87200 2.2 R.".,... Pra"m"'" Cost..d R""""ue EotimaM 5"'.M $1,600.00 5924.60 53,414.66 2.3 Mo,eti'" 50.00 $1,520.00 5691,20 52,211.2" 2.4 Lo'd UseIF'~ISco"'_"" $1,041.60 53,430.00 $0.00 $4,471. "",.. Th... - SeNloo Volume..d Leyel, of ""'00 50.00 $0,00 50.00 3.1 ..- Output..d L_' of"- _,a 5350.36 5600.00 50.00 5950.36 3.2 ""'00 V~ume ,"" L- of SeMoe 5350.36 $2,960.00 $1,472,00 $4,762.36 Ph,",'o..-C- 50.00 50,00 50,00 5000 4.1 U,"Cost..d 510,"', of ""'00" F'-" W'y 50.00 $4,960.00 5460.60 $5,420.60 42 Opem'"" Costs" Ao",- F"eml w,ys L- of ""'00 50.00 $4,260.00 5460.60 $4,740.60 4.3 eop"'1 Costs $4,304.60 $1,100.00 53,116.60 $8,521.60 4.4 CostSumm'" 50,00 $1,660.00 $2,617,60 $4,197.60 "",.. FlY' - R,v,.ua 50,00 $0.00 $0.00 5.1 R"",uo H'o1D" of Fodoml W'y ,"" Oth"P""_ofPubllo9oM...,.dFocil'" $0.00 $'3,120.00 50.00 53,120.00 5.2R-uoF- 50.00 $4,860.00 50.00 $4,860.00 Phm'" - Fiscal Compa""" 50,00 50.00 50,00 6,1 To><R,," Oompa- 50,00 51,890.00 50,00 $1,890.00 6.2 Compa- of Cost" R"",.., $0.00 51,720.00 50.00 $1,720.00 Pho.. sen. - An...",o. _'n $0.00 50.00 50,00 71 """'0 A- 5891,50 $4,460.00 5460.60 $5,632.30 72 Cost..d R"",uo Phasl', 5891.50 $2,720.00 50.00 53,611.50 7.3"""" PI""" «:cot ",,'ud" between Tos" 6..d 7) Phm ...Irt - R_rt..d P.......... 50.00 50,00 50.00 8,1 DmtA"exotic' F~I~IItyR,"" 5604.64 510,060.00 5"'.40 $11,65104 8.2 R<Mew Dooft A,- F~'~11ty R'port 50.00 53,060.00 50,00 53,060.00 8.3 R",I A"""'.. Feasibility R,port 5764.36 53,680.00 5"',40 55,"0.76 8,4 """""0' ofF'",IR"'" 50,00 $1,160.00 50.00 51,160.00 PROJECT MANAGEMENT - 9WR $2,574.16 HovIS' BII""R,to LABOR TOTAL $97,436,01 $72,880,00 $43,132,60 $28,663,97 $229,738.02 EXPEN8ES þ,74U2 $2,400,00 $1,"'"',00 $800,60 $7,697,32 , THE ESTIMATE8 FOR EACH PHASE AND TASK FOR THIS LUMP SUM CONTRACT ARE TO BE USED AS ESTIMATES ONLY, THE CONSULTANT MAYTRANSFER BUOOET AMOUNTS FROM ONE TASt< TO ANOTHER DEPENDING ON THE LEVEL OF EFFORT REQUIRED, SUBJECT TO CITY REVIEW AND APPROVAL IN NO CASE WILL THE TOTA(COST Of SERVICES EXCEED S240, 000 UNLESS AGREED TO IN WRITING BY BOTH PARTIES, THE CONSULTANT SHALL SUBMIT MONTHLY INVOICES ON A PERCÊNT COMPLETED TO DATE AND WILL INCLUDE A FINANCIAL SUMMARY OF SERVICES COMPLETED TO DATE BY PHASE AND/OR TASK AND A NARRATIVE PRoG~E8S REPORT, Exhibit C " " , " "0' '!- bers J ",'C ' , ,and; es ~ "~(i,.. ", i, I f "'f' ¡ ¡ \ t , <1 f , ~ i. i i ~ t ~ ",:' f ',' ,1 , ¡ f ;".0 .. >. .AO>......- f&:;.'..;".."" "\'<~~:~. '-~. , " .., j - 0 .~Oir-d ~~,;, ;..' .~r~.'h .~(~) ,.~.'..'¡\4~" ',,; ..~.~ r -; }*4<'~ TABLE OF CONTENTS Introduction. . Section I - Policy. 2 Section 2 - Definitions. . . 3 Section 3 - Personal Gain or Profit. . . . . . . . . . . 6 Section 4 - Conflict of Interest. """"'" 7 Section 5 - Acceptance of Gifts . ....... 9 Section 6 - Campaign Activities """"" 10 Section 7 - Board of Ethics. . Section 8 - Complaints Against Employees 16 Resolution No. 91-54 - Passed April 2, 1991 Amendments Resolution No. 94-179 - Passed August 2, 1994 Resolution No. 94-184 - Passed September 21, 1994 Resolution No. 94-188 - Passed November 1, 1994 Resolution No. 96-232 - Passed May 7, 1996 (Rev. 9/96) INTRODUCTION . Cily Councilmembers are elecled 10 exercise their discretionary powers pursuanllo the laws and the Constitution which may often involve honest disagreement on policy matters; and . In the exercise of these powers the Councilmembers should operale within a framework that will protect the public trust and ensure public confidence in the conduct of elected officials and public employees; and . Good government should operate and conduct itself in an open and impartial manner, and 10 a standard that ensures an efficient, fair and accountable system; and . The Code of Ethics includes a method to appoint an alternate Board of Ethics member in cases of recusemenl or other unavailability; and . The Code of Ethics includes sanctions for violations of the Code of Ethics; and . The Code of Ethics grants the Board of Ethics subpoena powers in order for the Board to complete a full and fair investigation of any written complaint before the Board; and . The Code of Ethics provides for the stay of the complaint proceedings during the City Council's consideration of the board of Ethics application for subpoena power or during any proceeding 10 compel a person to respond to a properly issued subpoena. 2.3 Section 1 - POliCY The City of Federal Way is committed to conducting its business in a fair, open, efficient and accountable manner. Public Officials and Employees shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and that private interest. Each Official and Employee is assumed and expected to act in accordance with all laws and codes of ethics that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. Each Employee should be infonned of this Code of Ethics and meet its requirements. Questions regarding its interpretation should be brought to an Employee's Supervisor and the City Attorney for interpretations of this Code and should proceed through processes provided for in the Personnel Policy Manual to act upon allegations of misconduct in/violation of this Code. Questions regarding the interpretation of the Code as applied to Council- members and allegations of violation of this Code by Councilmembers shall be referred to the Board of Ethics through the process established herein. Section 2 - Definitions Throughout this Code of Ethics, the following definitions shall apply. 2.1 City Council For the purposes of this Code of Ethics only, "City Council" or "Council members" also includes members of City Boards, Commis- sions, Committees, or other multi-member bodies appointed by the City Council. Family Spouse, parent, child, sibling, aunt. uncle, niece, nephew, cousin, grand. child, grandparent or any parent-in-law, son- or daughter-in-law, or brother- or sister-in-law. 2.2 Financial Interest (a) ~ - A financial interest may be deemed to exist in any of the following situations: (I) A creditor, debtor or ownership interest in any corporation, partnership, joint venture or other entity (including without linùtation, ownership evidenced by stock purchase) in an amount or value to or greater than a one percent (1 %) interest in any such entity, or 2.6 ~.4 (2) Any paid employee, agent, consultant or officer of any corporation, partnership, joint venture, business or other entity. (b) ~ - Notwithstanding the provisions of Section 2(c)(i)(a) and (b), a financial interest shall not be deemed to exist in any com- ponent investment within any fund or plan where an owner of an interest in a mutual or other pooled investment fund or in any employee or retirement benefit plan (including without linùtation, pension plans, profit sharing plans and defeITed compensation plans): 1) has no right to control or influence the selection of component investments; 2) has not influenced the selection of component investments; :¡nd 3) has not created or used the fund or plan to subveIT the intent of this Code. Gift A rendering of money, propelTY, services, discount, loan forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than the City of Federal Way for travel or lodging or anything else of value in return for which legal consideration of equal or greater value is not given and received, excluding: (a) Things of minimal value. (b) Any contribution under chapter 42.17 RCW (Disclosure- Campaign Finances - Lobbying - Records). (c) Any infonnational material transfelTed for the purpose of inform- ing the recipient about matters pertaining to official City business, and that is not intended to fmancially benefit that recipient. (d) Any symbolic presentation not intended to financially benefit the recipient. (e) Things of value not used and that, within thiny (30) days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes; (f) Things of value recewed in the nonnal course of private business or social interaction or from family that are not related to public policy decisions or City actions. (g) The acceptance of a gift on behalf of the City pursuant to City Council rules regarding acceptance of gifts. Immediate Family Spouse and dependent children. 2.8. 2.7 2.5 -- Remote Interest A remote interest may be deemed to exist where an individual is: (a) An unpaid officer, board member, or other person who functions in a decision-making capacity which can influence policy or fund- ing of a corporation, partnership, joint venture or other entity; (b) A landlord or tenant of an entity contracting with the City of Federal Way; or, (c) A holder ofJess than one percent (1%) of the shares of, or owner-ship interest in, a business entity contracting with the City; provided, no interest shall be deemed to be remote where a Council- member influences or attempts to influence any other Council- member or City Employee to take any action which financially benefits the Councilmember by or through the interest. City Employee Any individual who is appointed as an Employee by the appointing authority for the City. Manager The individual who has been appointed the City Manager of the City of Federal Way by the Federal Way City Council. Section~ -Personal Gain~r_Profit 3.1 A Councilmember, the Manager or Employee shall not knowingly use his or her office or position for personal or family gain or profit. A Council member, the Manager or Employee shall not use City-owned property or City services for personal or fanùly gain or profit. A Council member, the Manager or Employee shall not use infonnation acquired in confidence from a City customer, supplier, lessee or contractor for other than City purposes. 3.2 3.3 4.2 43 Se~tion 4 - Conflict oflnterest 41 A Council member, the Manager or Employee shall not knowingly engage in activities which are in conflic~ or which have the potential to create a conflict, with perfonnance of official duties. Examples of conflicts, or potential conflicts of interest include but are not necessarily limited to, circumstances where the CoW1cilmember. Manager or . Employee: (a) Influences the selection or non-selection of or the conduct of business between tl¡e City and any entity when the Councilmember. Manager or Employee has a rmancial interest. (b) Solicits for himself or herself or for another, a gift or any other thing of value from the City or from any person or entity having dealings with the City; provided, however, that no conflict of interest for the CoW1cilmember, Manager or Employee shall be deemed to exist with respect to solicitation for campaign contribu- tions required to be reponed W1der Chapter 42.17 RCW or for charitable contributions. (c) Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or non-action by the City ColIDcil, City Manager or Employee. (d) Accepts a gift in any manner other than as provided in Section 5 (Acceptance of Gifts) below. (e) Intentionally uses or discloses infonnation not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others. 5.2 4.4 Restlictions After Leaving City (a) For one (1) year after leaving the City, a Councilmember, the Manager or an Employee may not hold or acquire a fmancial interest, direct or indirect, personally or through their fantily, in an) contract made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction. (b) For one (I) year after leaving the City, a Councilmember, the Manager or an Employee may not (a) assist anyone in proceedings involving the City where such CoW1cilmember, Manager or Employee worked on a matter in which they were officially involved in the course of their duties; (b) represent any private person as an advocate on a matter in which they were involved; or (c) Compete for a City contract when they were involved in detennining the scope of work or the selection process. A Council- member, the Manager or an Employee may never disclose or use the City's privileged or proprietary infonnation except to perfonn official duties. ~ettiDn 5 - Ac~eDtance of Gjfts 5.1 A Council member shall not take pan in any CoW1cil action, as that tenn is defined in Chapter 42.30 RCW, concerning any contract, property, or other matter of any kind, in which the CoW1cilmember or his or her immediate family has a financial interest, or which other- wise creates a conflict of interest. A ColIDcilmember shall disclose the fact and extent of a remote interest for the official minutes of the City CoW1cil prior to taking any action related to the interest and, thereafter, all action taken by the City CoW1cil related to such interest shall be by a vote snfficient for the pwpose without coW1ting the vote of the Councilmember having the remote interest. Except as provided in Section 4.A. above, a Council member or Employee may not accept gifts of cash in any amount. The COlIDcilmembers, the City Manager and City Employees may nc accept personal gifts. Settion6 - Camnai!!n Actiyities City Employees may participate in the political process only on their own time, and only outside of the workplace by working on campaigns for the elections of any person to any office, or for the promotion of or the opposition to any ballot proposition, and shall not use or authorize the use ( the facilities of the City for such pwposes except as may be authorized by law under the provisions of Chapter 42.17.130 RCW. ction 7 - Board of Ethics mplaint Against a Councilmenber and Advisory ¡nions Regarding Councilmembers There is created a Board of Ethics for the City of Federal Way. The purpose of this Board of Ethics is to issue advisory opirùons on the provisions of this Code of Ethics and to investigate and report to the City COImcil on any alleged violations of this Code of Ethics, all as set forth below. The Board of Ethics shall be composed of three (3) members, and one (I) alternate member ("first alternate") none of which shall be a City Councilmember or City Employee. The board members shall be appointed by the City Council. The alternate member may attend all meetings of the board, but shall have no voting rights except as other- wise provided herein. The term of each board member shall be three (3) years. The first three members shall be appointed for one (I), two (2) or three (3) year tenns, respectively. The first Chair of the Board shall be detennined by the Council and the Chair shall be appointed to the three (3) year tenn. The other terms are to be determined by lot. After the first year of the Chair's term, the Board shall determine and elect its Chair thereafter. The Chair shall serve for a period of one (I) year, unless reelected. In the event a Board member must recuse himself or herself or otherwise be unavailable to conduct Board business, the first alternate member shall serve in his/her place. If a second alternate member is required, the Board shall select such alternate member from a pool consisting of prior Board members who have served during the three (3) prior terms ("second alternate"). The second alternate Board member shall be chosen by agreement of the remaining Board members. In the event no former Board members are available, the City Council shall appoint an alternate Board member. In filling any vacancy or making an appointment to the Board of Ethics, the City Council shall strive to select members with diverse perspectives and areas of expertise appropriate to the review of ethical matters, and who are of good general reputation and character. 7.4 A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Code. The Board shall adopt procedures consistent with the provisions of this Code governing ú¡e conduct of its meetings, investigations, hearings and the issuance of opinions. Specific Complaint Against a Councilmemher (a) Any person may submit a written complaint to the City Clerk alleging one (I) or moreviolaûons oftl¡is Ethics Code by a Council- member. TIle allegation must set forth specific facts wiú¡ precision and detail, sufficient for a Deternúnaûon of Sufficiency by Ú¡e Board. In addition, the complaint must set forth the specific sections and subsections of this Code that the facts violate, and the reasons why. Each complaint must be signed by the person or persons submitting it, must state the submitter's correct name, address at wlúch mail may be personally delivered to the submitter, and the telephone number at wlúch Ú¡e submitter may be contacted. (b) The City Clerk shall submit that complaint to the Board for Dete!TIÚnaûon of Sufficiency of the complaint. A complaint cannot be sufficient unless it precisely alleges and describes unjustified acts wlúch constitute a prima facie showing a violation of a speci- fied provision or provisions of this Code. The purpose of requiring that the complaint be sufficient is to ensure that the complaint is supported by identifiable facts, and to ensure that Ú¡e complaint is not based on frivolous charges. (c) The Board shall submit a written report with a finding of sufficiency or insufficiency wiú¡in ten (10) days of its receipt of the written complaint. The Dete!TIÚnaûon of Sufficiency by the Board is fmal and binding, and no administrative or other legal appeal is available. If the rIDding is one of sufficiency of the complaint, then the complaint shall be investigated and reported as set forth below. d) The Board shall conduct an investigation of the written complaint before it. The Board shall begin úle investigation no later than ten (10) calendar days after the Dete!TIÚnaûon of Sufficiency of the complaint and shall conclude the investigation no later than four- teen (14) calendar days after it commences the investigation unless a longer time period has been requested by the Board and has been approved by the Council; provided, however, that the rum1Ìng of these time periods shall be tolled and the complaint proceedings shall be stayed in the event the Board makes application to the City Council for subpoena power or in the event the City Council issues 7.3 subpoena and any person refuses to obey such subpoena. The stay of the complaint proceedings shall continue until such time as tlle subpoena is eWler issued or denied by the City Councilor until such time as a Superior Court issues an order on the subpoena. 111e Board shall render a written opinion, setting forth its fmdings of fact and conclusions and opinion as to whether or not the individual against whom the complaint was filed has violated the Code of Ethics. (e) 11le City Council may issue subpoenas in response to the Board's application for tlle attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation by the Board or in connection with any hearing conducted by the Board. The Board shall request subpoena power by making a written application to the Mayor and Deputy Mayor describing in detail the subject matter of the proposed subpoena and an explanation of why such infonnation is reasonably necessary in order to conduct the Board's investigation or hearing. The subpoena may be issued in the event the Mayor and Deputy Mayor determine the subpoena request is reasonable. In the event the Mayor and Deputy Mayor are tUmble to agree upon such a determination or the complaint alleges a violation of the Ethics Code by the Mayor or the Deputy Mayor, the entire City Council shall make a determina- tion as to the reasonableness of the Board's application for subpoena power. In the event any person disobeys a subpoena, the City Council may invoke the aid of any Superior Court of the state. Such court may issue an order requiring such person to appear be- fore the Board, to produce documentary evidence, and/or to provide testimony, and any failure to obey such order may be punished by that court as contempt. (f) No opinion may be issued by the Board unless a person or entity complained against has had an opportunity to present infonnation on his, her or its behalf at a hearing before the Board. (h) [n the event tlle advisory written opinion provlGes tllat tlle individual against whom the complaint has been filed has violated tlle Code of Etl1Ícs and tlle City Council members adopt tltis opinion by a majority vote, then the City Council nmy take any of the following actions by a majority vote of the Council: (I) Admonition - An admonition shall be a verbal non-public statement made by the Mayor to the individual. (2) Reprimand - A reprimand sha11 be administered to the individual by letter. The letter shall be prepared by the City Council and shall be signed by the Mayor. [f tlle individual objects to the content of such letter, he or she may file a request for review of the content of the letter of reprimand with the City Council. The City Council shall review the letter of reprimand in light oftlle advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Council shall be final and not subject to furtherreview. (g) A copy of the written opinion shall be delivered to the City Council and the complaining party within seven (7) calendar days of conclusion of the hearing unless a longer time period has been requested by the person against whom the complaint is focused, and has been approved by the Board unless a longer period has been requested by the Board and has been approved by the City Council. (3) Censure - A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the City Council to receive the censure. Notice shall be given at least twenty (20) days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within five (5) days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition thereto or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required. 10 tI ,5 (4) Removal - In the event the individual against whom the complaint has been filed is a member of a City Board, Commis- sion, ComlIÚttee, or other multi-member bodies appointed by the City Council, the City Council may, by a majority vote, remove the individual from such Board, ComlIÚssion or ComlIÚttee; provided, however, that nothing in this section authorizes the City Council to remove a Councilmember from his or her office, In the event the individual against whom the complaint has been filed is a Councilmember, the City Council, by a majority vote, may remove the individual from the position of Mayor or Deputy Mayor and the Mayor may remove such individual from the position of Chairperson of any Council comnúttee, The Board of Ethics may also render written opinions concerning the applicability of the Code of Ethics to hypothetical circumstances or situations upon the request of any person, ,6 The City shall release copies of any written advisory opinions or opinions resulting from an investigation of a complaint and any written censures or reprimands issued by the City Council in response to public records requests as consistent with Chapter 42. 17 RCW and any other applicable public disclosure laws. The City Manager shall provide staff, as he or she deems appropriate, to assist the Board of Ethics. ,7 ,8 Board members shall be reimbursed by the City for reasonable expenses inculTed in its exercise of the official business of the Board, consistent with the expense reimbursement policies of the City, iection 8 - Complaints Against Employees ,ny and all complaints regarding City Employees shall be brought to the :mployee's supervisor. The supervisor, or appropriate individual as etermined by the City Managëi, shall investigate the complaint. All action "lated to complaints about City Employees shall be in accordance with the crsolUlel Policy Manual. 12 H' i~~"',>,"'.',',.,',',,',,,',~,'~,"~"',~,,' .~."" 1'\i~Wt, i , f, ""' ,. ki'¡'," '~"'!:,"', ' , "" ,~("", ", '... .. '! ~~. """,if ,,'1' - ,. V"'¿ ^. ..'. "'. ';";~:.. ',~ ...... '", ~\!, .iI' 'þ~ ,,/~ "," t. , ""'. \", ~':' "",",41, '.... ,,~.,~, , ','1\::: ~~ Exhibit D Potential Annexation Area Subarea Plan and Annexation Feasibility Study -.---. ------ ----,---. - *..-- , pro)"" "hod... ..., be modmod b, m....., '>~mont"""'n'" CIty ,.. eon....... The mod'.. of "....... -....... Ie de....... upon 11m." '~p"Uon of "'ign.d las" b, both Ih. City, Co.nty"" mp,.Uon of P,rt " T"k 1,'" P.rt T~, T-"." ,~ocuti~....... Ia"',ro......... .pon "m."~"" of -U- fn>m .m> County .nd tho CIty of F"'~I W." .nd .s_. ro"'p< of d.1a ron""'" _MEE!.!N.-~A TE:__!';~y_ern..~~!... 20,2001 ITEM# :JJ..I- Gc) CITY OF FEDERAL WAY City Council AGENDA BILL ~UBJECf: 2Q.Q.!.!lgl.'~.~~~.<;pJ!!.g~ ud¡:et Adjustment .------------- CATEGORY: CONSENT RESOLUTION COUNCIL BUSINESS X ORDINANCE PUBLIC HEARING OTHER -------.--.--..------------.--------. ATTACHMENTS: Ordinance and Exhibit A. -----------------.-.-----.--.--. BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .---..-..-------.---------- ...-.------.----- SUMMARYIBACKGROUND: This is an ordinance for the 2001 year-end Housekeeping Budget Adjustment Consistent with prior years, the year-end adjustments are primarily to incorporate I) items that have been approved by Council during the year, such as grants; 2) corrected budget errors; and 3) adjusted expenditures incurred due to higher business activities and with corresponding increase in revenues- Examples of the last item would be the Dumas Bay Center operations and other recreation programs- ---.----..--------------------.-.---.- --- ---.--..-------.---.---.--.--.- CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the 2001 Housekeeping Budget Adjustment to the full Council on November 20,2001 for first reading- -.-------..-.--.--.----- -----.----.--------------.-----------.--------.--.--.----.-.-.--... --------------.--.---..--.------...-.--.-------.----.-.-----.---.-.-----.- PROPOSED MOTION: I move to advance the proposed ordinance to second reading and approval at the next regular meeting on December 4, 2001. ~_._._.._-_._----- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) ------.---------.--.-------- CITY MANAGER APPROVAL: COUNCIL ACTION: - APPROVED _DENIED - TABLEDIDEFERRED/NO ACfION - MOVED TO SECOND READING (ordinance only} k.lfmlb;~;,I\o"';""""Sdb¡I'_doc COUNCIL BILL # 1ST READING ENACTMENT READING ORDINANCE # RESOLUTION # .:2P S- CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: October 25, 2001 Finance, Economic Dev lopment and Regional Affairs Committee David H. Mos ager -. \ (wen Wang, Mana ent Services Director ~ 2001 Housekeeping Budget Adjustment Backl!round: This is an ordinance for the 2001 year-end Housekeeping Budget Adjustment. Consistent with prior years, the year-end adjustments are primarily to incorporate 1) items that have been approved by Council during the year, such as grants; 2) corrected budget errors; and 3) adjusted expenditures incurred due to higher business activities and with corresponding increase in revenues. Examples of the last item would be the Dumas Bay Center operations and other recreation programs. Attachment: 1. 2001 Housekeeping Budget Adjustment Items. 2. Ordinance and exhibits. Committee Recommendation: Forward the 2001 Housekeeping Budget Adjustment to the full Council on November 20, 2001 for flfst reading. ..~~~,~Þf~;,;~114;J koIfinlbienn,, """"",,,Ifedrne memo.doc F~I CITY OF FEDERAL WAY 2001 HOUSEKEEPING BUDGET ADJUSTMENT Genenl Fund, Budget (xdina""" Conection-l"""" Equipment Intemal Se""œ Cha",e, Reallocatlonl"",ectlon .awlding F""" M&O Gene"" Fund Sub'idy 10 Street Fund - Building M&O Reattoætionl"'necllon Pari<, & Recreation lnerea", B",'ne" Acti'ity-Offuet with loaea", Recreation Re""nue Publ~ Safe" ' 2<)01 LLEBG-Fede",1 Awanl & Matoh wJEx;,Ung Oepartme... Budget 2001 Bullet¡>roofVe" Prog"'m-fede"" Awa,d Sf~fFund, Intemal Se""'" Cha",." RealiocationlOO<rection -Building Fund M&O Intemal Se""'e Cha""" Conedion - Fleet Replaceme... Re","'e, PW-T",ffic-Cont"'ct Se""œ, 10' Additional Dati Collection - Funded by Signal Synchronization G",nt , 'SubtótaIGeri,,"&:S"eclf'uriiC HotellMotel Lodging Tax Fund, Field Hou", Study Solid Waste & Recycling Fund, , '...e,maI Se""œCha,!!"' Reattocation-8uüdi'}\ Fund M&O , ,$ub'ótal,$Peclal~e"'nuefunðs"':-:':"':"':':':':':':':':':-:.:. Pa"'s CIP Fund, Celebrnlion Pa"-<.ake""""n Reimbu<Seme'" 10, CFC Cha""" Celeb",tion Pa"-PlaY9","nd In,laIlation Celeb",tion Pa".aame, InstattationIMalntenance Panthe, lake-Refund Mitigation Oepe,i"de,elo.... ",mpleted '""rovemen! a, required Skateboa,d Pa"-T"""fe"o 2% ""U>e Arts Surlace Wafer Managemenf CIP Fund, Adju" 5-Y.., Monitoring P""""m -Enminate Oefidt Project Balance lakota C'eek Channel Reslo""'on.ßudgeled in 2002. mo,e to 2001 T,aflle C/P Fund, ConedCF Adj-Budgel T"""fedro..S 336th @ SR 99 !oS 336th & Weyemw""Way Coned CF Adj.Elimlnate budgef from 21" A"" SW & SWE 325th T",ffic Signal-l'roject Complete, bu< T",nsportadon CIP Fund, 23n1 A"" South, South 317th S. to South 324th- TIB (AJP) ""'nt South 288th S.eel@ SR99 I_on - G",nt SR99 Phase tt-WSDOT F"",,ing to< Pretimina')' Engineering , SublótaIC..òWP<øJe"":Fund:- Surlace Waw Managemeno Budget Qnjinance CoITection Intemal Se",iœ Ch3<ges Reattocationl",nection-Buitding Fund M&O Reduce Pu~icW- TN" F"",, Loan and paymem (Retum $5261< of Loa",) Dumas Bay Cen.., Increa", E"",nditures.{)J1¡et with Increa", Re""nue, RIsk Managemeno T"""Ii" 10 Fund 5O4~nsu"'nce Proœed, 10, Damaged PoIiœ Ve"de ¡nfannadon Sysfem" Adopted Budget Conection-Replace 3laplops to< 3 Replacement Vemd., Appro""" in Adooted Bud, Adopted Budget Conection-Replace 3 Radio, to< 3 Replaceme'" Ve"d., Ad- in Adopted Budg< Police HVE System Maintenance Support Agreenx>l Co" Reef & EquIpment' Adopted Budgel Conection-11 Replaœment Vehid., Replace SWM Plate Compacto<-U", 0' Re"""", Replace Oamaged Police Vehide-Sou<ee" "'" of R."""" & Insu",nce Proœeds ',SublótalProi>"...,,:Fuòd< ' ..,< fO' fhe Arts' Skaleboa'" Pa" Art CDBG, Eliminale International Di""d G",'" Budgel Sub,..., N...'A,.nn'IY:_"" ~uO«'" ' 2001 $17.100 ($33,817) 18,526 13,644 96,133 11,799 18.526 (51.0S1) 55,000 '$145,86.' , $31,500 $1,2S7 :'.~i;r57:-: 50,000 66,924 8,8" (70,000) 3.840 (26,314) 326,045 $55,737 (2,325) 3,329.433 519."0 74.000 ,',$4,"5;...-:, 300 14,034 (26,300) 46,012 6,393 12,598 8,294 4,634 79,O66 1.644 18.756 ,',SiB5;4" 3.840 (163,215) ,(Si~9,~7Sj " 2002 $0 $47.454 (",756) (",756) 14,069 -: (S27,~89~ ($2,4001 "'{$~MQt 2,500 (326.045) so .',($323.,$45)' (298) (26,300) 4,634 .: (S2t,964~ ..~ : Gi~ridto'" ,'("'is",of f-3 2001 _"'keeping adlu"ments~s _",keeping wmma')' 1012512001 1008 AM $4.$2<>,"" DRAFT II(fð/Ò! ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2001-02 BIENNIAL BUDGET /l /I \ (AMENDS ORDINANCE 00-377 AND 01-387). ( ~ ~) WHEREAS, certain revisions to the 2001-2002 Biennial Budget are necessary to incorporate those items Council has approved during the year such as contributions and grants received; adjust expenditures incurred due to higher business activities and with corresponding increase in revenues such as the Dumas Bay Center operations and other recreation programs; and to correct any errors in the budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance 00-387, Section I, is hereby amended to adopt the revised budget for the years 2001-2002 biennium as follows: "Section 1. 2001-2002 Biennial Budget. Thatthe budget for the 2001-2002 biennium is hereby adopted in the aITlounts and for the purposes as shown on the attached Exhibit A (2001 and 2002 Revised Budgets)." Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder ofthe ordinance, or the validity of its application to other persons or circumstances. ORD. #_--' PAGE 1 Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, BOB STERBANK Fll..ED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:llfinlbielUliallordinance\2001 housekeeping ordinance.doc ORD.# , PAGE 2 3,," ~ h~ ~ i~.~ N '" ~ . ~ h~ ~ ~"S ~ H~ 0 1: ~. ~ ill ; .... ~ .&!" I ! h~ ;,' N <¡g>þj ~~'!: ~::;¡: ~ &! ! II Id' I~: . I II 1,\, - ' i I I~ '" " ¡; ~ ~ ~ -j¡:¡ ~ ;, hh ~i 3 ~~~~ :¡q ~ ìHU ~~= bun u! ;¡¡¡~ ¡~ """c' ~ ~ ~ ~ " ,,; ë ¡ ':¡ I ¡ 'f ~ ! (-9 ,::< ~ ~ \¡:i; :;; ~d g q¡:" -' H~ ~! !\ ggg'g ~~~ ~ ,; - ¡ I!~¡ :~ ¡~t ,~ ~jli gogg'gO ~§i ~ ; , I' ¡ I " " \ ' , : I : i, , , i~lj 'u. ,'. . " I~~ "",11" ~I :~ ,,~I~ h e ~ .«; .1>[ !~U'L<"o-'" :-~ :~ ! , I :<'> ¡ijll F ~'O .N ~;' ,.; 1i II ¡;¡¡;¡I¡o;::¡S' ;;~1~¡~,'; ¡¡¡:i:!I~¡::¡ -I i I' . 'I~l,':' , :1 , I: II: ,i I oUo.o ¡~~:~~ 0 i g . ~ g¡: H :¡ ;~ .:;q !¡!¡ll\lj c ~ '" ~ ~N ¡¡~ ,.; m.lo lol-IN',.ON ~1~ ~~1S5~ T' IYri~~ 'š\';' , 1 ' ~!J 1- MN' "'~"'O eel,N ~,~ I~ ¡I' , , ~, . e :: .0 .~ ~i! ,.; '" « " 0 ~ u " K ~ I j¡ I ° ° w MEETING DATE: November 20,2001 ITEM# ~ (f-J CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CATEGORY: 2002 PROPERTY TAX RATE BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: 2002 Property Tax Levy Ordinance. --~-----_..-_-----------------------------------------~-------------- -------------- ---- SUMMARYIBACKGROUND: The City Council must establish the property tax levy for the year 2002. The Council held two public hearings on October 16,2001, and November 6, 2001, inviting citizen comment on the proposed mid- biennium budget adjustment and property tax rate. -------------------------- ------------ C'1TY COUNCIL COMMITTEE RECOMMENDATION: nla ---------------- PROPOSED MOTION: I move Council Bill #286 to second reading and adoption at the December 4th regular meeting. ------------------ CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 Sf reading Enactment reading ORDINANCE # RESOLUTION # dPfo REVISED-05I10/2001 ORDINANCE NO. DRAFT {r¡o/~( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2002. WHEREAS the City Council of the City of Federal Way has adopted its budget for the 2001/02 biennium which includes an increase in property tax levy for the year 2002; and WHEREAS the City Council, in the course of considering the mid-biennium budget adjustment has reviewed all changes in projected revenues and expenses and other city obligations for the city during the year 2002; and WHEREAS while the national inflation as measured by the implicit price deflator is 1.89%; the local inflation, as measured by consumer price index (CPI-W) , is 3.9% for the year ended June, 2001; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Federal Way that the limit factor for the regular levy for the calendar year 2002 shall be 104.8% based on a 1% base adjustment plus the amount allowed by law but not used in the past four years. Any assessed value resulting from annexation and/or new construction shall be in addition to the above. ORD. # , PAGE 1 Section 1. ~. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal tax for the year 2002 for the purposes of paying the general expenses of municipal government in the amount of $7,796,780. Section 2. Severabili ty. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ORD. # , PAGE 2 ATTEST: CITY CLERK, N. CHRISTINE GREEN,CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. k, \fin\bie=ial \ordinanc\taxlevy2001.doc ORD. # , PAGE 3 MEETING DATE: November 20,2001 ITEM# -:[lL. (Q..) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2001-02 BIENNIAL BUDGET ADJUSTMENT CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ----------------------------------------------------- ATTACHMENTS: 2002 Budget Amendment Council Action SummaI)' and the City Manager's proposed mid-biennium budget adjustment ordinance ------------------------------------------------------------------------ -- m______------------------------------------------------------------------------------------ SUMMARY IBACKGROUND: The City Manager has submitted the city's proposed mid-biennium budget adjustment to the City Council for consideration- The Council held two public hearings on October 16,2001, and November 6, 2001, allowing for citizen comment on the proposed mid-biennium budget adjustment This budget ordinance reflects the deliberations at the Council's study session on October 18, 200 L ------------------------------------------------------------------------------------------ UTY COUNCIL COMMITTEE RECOMMENDATION: nJa ------------------------------------------------- PROPOSED MOTION: I move Council Bill #287 to second reading and adoption at the December 411> regular meeting- ~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinonces only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # d-.P 7 REVISED - 0511012001 2002 Bud~et Amendment Council Action Summary Revenue Amendment: - -¡:- 1 PSf'°si¡¡on_f'~operty Tax Expenditure Adjustment: ---TCdcm. - 2_~S(XDue_- - ----~ celcm: 3 AWC due -- Cdc"' -- - ¡ .~ aeariAi,- - Cd,,';;- -So~íACC --- --- Cdci'n. 6:CObb1ist:¡Uifyear ,-cXiCm. 7 .Newsletter-directmail ---_j~~T - 1~- T~;~J~~~r~es ~co"'" '~LCourt:probation =- =-.11. ~-j.~~~~~~~vel.o...pmenl MS + 15 fMedical Benefit - -Ms-.-,6jF>ension contribution - --::i~f. f ~jr:~~~~I~¡¿6~;f~t;~n (800 MHz radio) MS : u19..J.Convert Fleet_co-"rdinator to regular ~ 20 Ivehicle Maintenance Ms-12'- Newfoldingmachi"e MS::rEjÞostage ($0.3!to$0.37) MS i 23 Property/Liability Insurance , PRCS1-24 Power (for sportsfieids, city offices) =-_-'::¡;¡V:~- --25 Power (lights for streets, traffic signals)- PW ¡ 26 Commute trip reduction --PW 127 1 KC billing correction (Traffic Signai) ~ pw] -Tanl First of a 3 year-program to replace . I.... . incandescen.t..s. ign.al.. i.i9hts with LED lamp. I -- u~PS r29 PS - Banked Property Tax --- PS' 30 PS - Restrúcture positions PS- , 31 PS - Restructure cost saving i PS I 32 ,PS - Alternative JaTI cost saving ..------ -loPs ¡OJ PS':-Signing Bor;u-s (offset by reduced - 1 . overtime cost) 6,141 proPosed rate increase $6 - $23"- - - --- --- 6,500 population based rate increase 4,000 population based-,~increase____- =~------ -- 30,000 25,800 ------- -- --------- ------- -- 60,810 4,000 under budgeted 28,000 under budgeted- 90,000 Accou-nting correctiOn of Probation serVices 3,215 upgradeIOTCpeiiiiiif..------- 8,835 New -- --------.- _on. 181,077 3.5%,90% o¡¡oca¡-inflation --- - 133,400 Per ÄWC~_:"::=-':-=--=----- (340,000) 2001 Law 2,000 software lice,;se -audit--- 15,600 TUñTïScfîan2eind~r~¡;~ir:.~t:= 5,322 ¡conclusion of trial period 50,000 higher fuel &Insuranœ cost --- 2,100 m&o and-re-plaœment reserve--- 12,000 2001 and-pro¡ected 2002 increase- 58,000 premium-increase------- 25,000 Power rate ¡nciease, partial offset by revenue. 70,000 Rate!ncrea.e'------- ----- ___n 4,250 Unfunded' - 39,240 - - (13,832) I Ener9Y -cQstsaving will repay Investment over 4.4 yëar~ 276,771 i¡"".,.¿~I~¡;¡~~~i~:~~i~:~hy...arfor 3 years. .- 489,8033 sworn~'tpso:2Civilian. 3-;¡ehlCtes. (281,665) Eliminate f depUty2iiëuiën"nts (200,000)' - - ------------- _I' A I-time Prog-ram to provide- $5000/03 in-lieu of moVln!¡ allowance to attract in-state lateral officers for ease of trainin and transition. 101,656 67,459 Total GF Expenditure Adjustments Non-General Fund Adlustment: 1 PW . Appvd , --~ -- - ;-_~"",[)uwamish Watershed plan. 1 . CD , 34 ¡Lodging Tax - Revenue/Budget ¡ --I +~ustment ~ ÄPI';;o~B~:::ï\d[usIfor higher grant amount ¡~-- ~~; I Real Estate Excise Tax only I 347,725 679,757 - 1$10,333 funded wi!h~,^",,:__- 30,000 ! Increase both rev and exp budget from $90k to $120k. --~ '$198k on both revenues¡,ndexpenditures (500,000) Change form $1.9-m¡¡¡¡õñ-io $1.4 million in 2002. No impact on 2002 expenditure but decreases amount . available for future ca ital. K:\fin\biennia~ordinance\02 midyr newprogramsxls council decision 11/1312001 08:29AM DRAFT It/ (31e)! ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2001-02 BIENNIAL BUDGET (AMENDS ORDINANCE NOS. 00-377,01-387 AND 01--->. WHEREAS, certain revisions to the 2001-2002 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the mid-biennium budget adjustment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance 00-387, Section I, is hereby amended to adopt the revised budget for the years 2001-2002 biennium as follows: "Section 1. 2001-2002 Biennial Budget. That the budget for the 2001-2002 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A & B (2001 and 2002 Revised Budgets)." Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD.# ,PAGE I Section 3. Ratification. Any act consistent with the authority and prior to the effective date ofthis ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, BOB STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K,\fin\biennial\mdioanc<\O I midbimddnc ORD.# , PAGE 2 . " "0' II 1 ! ' II loloiso ô i I -;¡;¡ , 0", : I 1':0 - ~ ! :i~ ~ ""'0' ° ¡¡ ~ ,,; 0 0 M I~I ,1~M ~ 0- !~~~~§ ,c-',,; m .. ! i!1 :I!H!! 'i!ì .:J 00 ~:<i ~~¡¡¡~æ s S§~~!~ ,§ < " ~ ~ ~ ~ ~ g " ~ ~ 8M ~ ~ ~~¡¡ H :;¡ ~$H£ .,¡q ~ ~k!i~ ~~: , ~';iHHJ ~~~ 'j; .ê~'¡¡~;¡¡8. ~~of .. ~~~~§~~ H~ ¡i¡¡¡¡~ ¡ii ~ , , ij !~ ri-' ~ ffl~ ~i~~!i',.~ -- , :¡' 0 ~ ~ " ~ L - ~ ,,~ :~ HEn ¡n ¡rim! ~] ~ ~ - ,13 ;¡ i j¡ § ~ ~ ~ 1 ~ .9 " ~ ! § , 1.;æ ' , ~ ' ro ~ Õ ê ~,~ ~ '" g of ~~~~ 0 no' , ~ ' iH"i ~~~~ g "';. ; i , h¡I!!înut ,I" i~I~~H~ ~ ~ '~ ì~Ui~ "'" Œ I j '" . $ ~ i.~ ~ ~ ¡; ~i~¡~'~li i ~~u ~i :¡ o~;~ .jib hm!!!! u~~~uC> ~""" §§¡;¡ 'iH . ~~ ~~~ MO ro- ~g ~~~~j~ ,~. ~;\¡;:§!:ß ~ ;:}:>- ",'~ ~ ¡g " -< 0 . ~ " ~ g 0= ~¡; do"~ -ð n~H !H Hun W!~ : c ~ " .; " ~ 1j % § ~ ~ E N