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Council PKT 06-05-2001 Special/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 June 5, 2001 . 1. ll. Ill. 1. II. Ill. a. b. c. d. e. f IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall June 5, 2001 (www.cifederal-way.wa.us) ***** SPECIAL MEETING - 5:40 p.m. CALL MEETING TO ORDER DIVERSITY COMfvfiSSION INTERVIEWS AD J 0 URNMENT ***** REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS SPIRIT AwardIMonth of June Proclamation/50th Anniversary of Spring Valley Montessori School Parks & Recreation Commission Introductions/Certificates Planning Commission Introduction/Certificate City ManagerlIntroduction of New Employees City ManagerÆmerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adJust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE (1) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate over please. . . ., v. a. b. c. d. e. f g. h. l. J. VI. VIT. Vill. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full 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.) MinuteslMay 15. 2001 Regular Meeting Council Bill #268/Five StOIY Wood Structure Code Amendment! EnactlnentOrdinance Council Bill #269/Parks Increaseq HeightslEnactnumt Ordinance Sacajawea Soccer Field Improvement ProjectlFinal Approval & Approval to Release Retainage Celebration Park Banner Program Parks Commission 2001-2002 Work Plan 2001 Human Services Commission Work Plan Addition to Planning Commission Work ProgramlNon-Conformances caused by Right-of-Way Takes Request for Purchasing AuthoritylHolsters & Firearms Pacific Highway South HOV Lanes Phase n Project (So 324th to So 340th Street)/30% Design Status Report PUBLIC HEARING Voluntary Development Agreement with Franciscan Health Systems (St Francis Hospital) Staff Report Citizen Comment (Please litnit your rellUlTks to three (3) tninutes) City Council Deliberation Resolution COUNCIL BUSINESS Diversity Commission Appointments INTRODUCTION ORDINANCES a. Council Bill #270/ Code Amehdmentlfraffic & Vehicles/Chapter 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASillNGTON, AMENDING CHAPTER 15 OF THE CITY OF FEDERAL WAY CITY CODE ADOPTING STATE STATUTES AND AUTHORIZING THE DEP ARTMENT OF PUBLIC SAFETY TO APPOINT VOULUNTEERS TO ENFORCE PARKING FOR DISABLED PERSONS (AMENDING ORDINANCE NOS. 90-70, 92-131, 94-207, 94-213, 97-303). IX. x. XI. Xll. b. Council Bill #271/Code Amendment/Administration/Chapter 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. W ASIllNGTON, ADDING A NEW SECTION TO CHAPTER 2 AU1HORIZING LIMITED CONNISSIONED OFFICERS TO ISSUE INFRACTIONS, IMPOUND UNAUTIIORIZED VEillCLES, ARREST PRISONERS AND/OR SUSPECfS WHO ESCAPE DURING TRANSPORT, AND INVESTIGATE, AND ASSIST IN TRAFFIC ACCIDENTS. c. Council Bill #272/Code AmendmentlImpound Authorization/Chapter 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIllNGTON, ADDING A NEW ARTICLE TO CHAPTER IS OF THE FEDERAL WAY CITY CODE AUTIIORIZING IMPOUNDMENT OF vmnCLES DRIVEN BY SUSPENDED OR REVOKED DRIVERS. d. Council Bill #273/Code Amendment/Animals/Chapter 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIllNGTON, AMENDING THE FEDERAL WAY CITY CODE CHAPTER FOUR (AMENDING ORDINANCE NO. 90-30). e. Council Bill #274/Code Amendment/CriminalIChapter 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIllNGTON, ADDING A NEW SECTION TO, AND AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 90-53, 91-89, 91-94, 00-374). CITY COUNCIL REPORTS . CITY MANAGER REPORT EXECUTIVE SESSION Collective BargainingfPursuant to RCW 42.30. 140(4)(a) ADJOURNMENT . " THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA" THERE ARE 2 COMPLETE AGENDA PACKETS AVAILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS MEETING DATE: June 5) 2001 ITEM # -y( a:." ) ---.-. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: City Council Meeting Minutes CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE _BUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Req'd: $ ATTACHMENTS: Official minutes of the regular City Council meeting held on May 15,2001. SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursu~t to RCW requirements. CITY COUNCIL COMMITIEE RECOMMENDATION: N/ A PROPOSED MOTION: I MOVE APPROVAL OF THE OFFICIAL MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD ON MAY 15,2001. APPROVAL OF CITY MANAGER: ~\ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLED/DEFERREDINO ACTION - MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # FED ERAL WAY CITY CO UN CIL Council Chambers - City Hall Regular Meeting May 15,2001- 7:00 p.m. Q\t~f'\ Minutes I. CALL 1vŒETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of7:00 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar; and Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan. Mayor Park excused Councilmember Eric Faison. Staff present: City Manager David Moseley, City Attorney Bob Sterbank and City Clerk Chris Green. ll. PLEDGE OF ALLEGIANCE Councilmember Burbidge led the flag salute. III. PRESENTATIONS a. ProclamationlMental Health Month Deputy Mayor Kochmar read and presented the proclamation to Pegi Moll, Development Specialist ITom Valley Cities Counseling & Consultation. b. Proclamation/Cancer Relay for Life . Deputy Mayor Kochmar read and presented the proclamation to Robin Lulich; she thanked Council for the proclamation and extended an invitation for all to participate in the Cancer Relay for Life being held at the Federal Way High School Memorial Stadium on Saturday and Sunday, June 2 and 3,2001. Federal Way City Council Regular Meeting MInutes May 15, 2001-Page 2 of5 c. City ManagerlIntroduction of New Employees City Manager David Moseley introduced Kim Scattarella, who was recently hired to fill the position of engineering plans reviewer in the city's Department of Community Development. d. City ManagerÆmerging Issues Mr. Moseley announced there were no emerging issues. IV. CITIZEN COMMENT Pat Smithson and Sandy Nelson introduced five local teens who are participating in the 2nd annual Federal Way Junior Miss competition. V. CONSENT AGENDA c. d. MinuteslMay 1. 2001 Regular Meeting -Approved Council Bill #267/Public Parks Code Amendment/Enactment Ordinance- Approved Ordinance #01-388 Interlocal Agreement with Federal Way Fire Department-Approved Planning Commission AppointmentlUnexpired Term-ApprovedlSophia McNeil appointed a. b. COUNCILMEMBER HELLICKSON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Excused Yes Yes Kochmar McColgan Park Yes Yes Yes VI. CITY COUNCIL BUSINESS a. ParkslRecreation Commission Appointments COUNCILMEMBER BURBIDGE MOVED THE APPOINTMENT OF THE FOLLOWING PERSONS TO THE PARKS AND RECREATION COMMISSION, ALL FOR 3- YEAR TERMS: DON DENNIS, GEORGE PFEIFFER, BILL FOULKES, AND LISA WELCH; AND THE 3- YEAR APPOINTMENT OF Federal Way City Council Regular Meeting Minutes May 15, 2001-Page 30/5 NEll., HELLICKSON AS AN ALTERNATE TO THE COMMISSION; COUNCn..MEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Excused Yes Yes Kochmar McColgan Park b. Skate Park Bid Award Yes Yes Yes COUNCTI..MEMBER BURBIDGE MOVED APPROVAL OF THE SKATE PARK BID AWARD; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Excused Yes Yes Kochmar McColgan Park VIT. INTRODUCTION ORDINANCES Yes Yes Yes a. Council Bill #268/Five-Stoty Wood Frame Buildings Code Amendment AN ORDINANCE OF THE CITY COUNCil.. OF THE CITY OF FEDERAL WAY, W ASlllNGTON, AMENDING CHAPTER FIVE OF THE FEDERAL WAY CITY CODE TO ALLOW CONSTRUCTION OF FIVE-STORY WOOD FRAME BUILDINGS. COUNCTI..MEMBER MCCOLGAN MOVED COUNCIL Bn..L #2681FIVE- STORY WOOD FRAME BUll..DINGS CODE AMENDMENT TO SECOND READINGIENACTMENT AT THE NEXT REGULAR COUNCn.. MEETING ON JUNE 5; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Excused Yes Yes Kochmar McColgan Park Yes Yes Yes Council Bill #269lHeight & Landscaping Code Amendment AN ORDINANCE OF THE CITY COUNCil.. OF THE CITY OF FEDERAL WAY, W ASlllNGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO ADDRESS HEIGIIT AND LANDSCAPING REQUIREMENTS FOR b. Federal Way City Council Regular Meeting Minutes May 15, 2001 - Page 4 of 5 PUBLIC PARK AND RECREATIONAL FACll.ITIES, SCHOOLS, GOLF COURSES AND GOLF DRIVING RANGES. COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #269/HEIGHT & LANDSCAPING CODE AMENDMENT TO SECOND READINGIENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING ON JUNE 5; COUNCIL- MEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Excused Yes Yes Kochmar McColgan Park Yes Yes Yes VIII. CITY COUNCIL REPORTS Councilmember Gates reported on issues discussed at various regional meetings she participated recently. She announced the next meeting of the FinancelEconomic DevelopmentlRegional Affairs Committee will be held on May 23, at 9:00 a.m. CouncilmemberBurbidge also updated Council on discussions held during her attendance at recent regional meetings. The next meeting of the Parks! Recreation! Human ServiceslPublic Safety Committee is scheduled for June 11, at 12:00 noon. She further noted upcoming productions at the Knutzen Family Theatre. Councilmember Hellickson had no report for the eveni~g. Councilmember McColgan extended "kudos" to Eagle Scout Jeff Crowder for his outstanding work on improvements to the BPA trail's 324th Street entrance. He announced the next meeting of the Land Useffransportation Committee is May ~l, at 5:30 p.m. Deputy Mayor Kochmar recognized students from Decatur High School who were in attendance at the evening's meeting. She extended thanks to all ~ho participated in the successful special events honoring Mayor Nakasato during his recent visit to the city. Mayor Park noted his attendance at the AsianlPacific Conference in Seattle; also attending were City Manager Moseley and Mayor Nakasato of our sister city of Hachinohe, Japan. The next meeting of the Economic Development Oversight Committee will be held on May 23, at 8:00 a.m. Federal Way City Council Regular Meeting Minutes May 15, 2001 - Page 5 of 5 IX. CITY MANAGER REPORT City Manager David Moseley noted the current paving project at 320th Street and Pacific Highway South is near completion-weather permitting, the project is due to be completed by mid-June. He also reported on the recent e-govemment forum held to enlighten citizens on the city's new project. City Manager David Moseley announced tonight's executive session has been canceled. x. EXECUTIVE SESSION a. b. Potential LitigationlPursuant to RCW 42.30.110(1)(i) - Canceled Property AcquisitionlPursuant to RCW 42.30.110(1)(b) - Canceled XI. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of7:32 p.m. N. Christine Green, CMC City Clerk ~s- MEETING DATE: ~, 2001 ITEM# JE C6) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Federal Way Code City Code, Chapter 5 Amendment CATEGORY: L CONSENT x ORDINANCE BUSINESS HEARIN G FYI BUDGET IMPACT: RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $N/A Expenditure Amt: $N/ A Contingency Reqd: $N/ A ATTACHMENTS: Draft Ordinance, staff memo "UMMARYIBACKGROUND: This draft ordinance is intended allow five-story wood fÌ"ame construction Æder the alternate methods and materials section of the 1997 Unifonn Buildng Code, adopted by the City of Federal Way by reference. CITY COUNCIL COMMITTEE RECOMMENDATION: On April 23, 2001, the committee recommended to the full council adoption of this ordinance amending Chapter 5 ofthe Federal Way City Code as recommended by staff. CITY MANAGER RECOMMENDATION: Motion to move ordinance to second reading and enactment at the regular meeting on June 5, 2001 APPROVED FOR INCLUSION IN COUNCIL P ACKET:~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED _DENIED - T ABLED/DEFERRED/NO ACTION COUNCIL BILL # Ist Reading Enactment Reading ORDINANCE # RESOLUTION # ..;¿(PR SfIs:;7 (j ( To: Land Use and Transportation Committee From: Mary Kate Gaviglio, Building Official David ~anager April 23, 2001 Via: Date: Subject: Amendment to the Federal Way City Code (FWCC) Chapter relating to Building Code Requirements Alternate materials, alternate design and methods of construction - Five Story Wood Frame Construction I. INTRODUCTION AND BACKGROUND Many cities are looking at ways to optimize small building sites. Five-story wood frame construction is one solution that has been used in several cities including Portland, Seattle, Tacoma, and Everett. While not currently incorporated into the unifonn codes, five-story wood frame construction, where it has been allowed, has an excellent life- safety record. Ordinances in the cities noted above vary according to the fire fighting capability of individual fire departments or districts. This ordinance is intended to provide for the safety of occupants regardless of variable or fluctuating response capabilities of local fire departments. The building's fire-life safety features represent the same level of safety expected from any building built under the provisions of the UBC. Changes to the Unifonn Building Code (UBC) with regard to basic fire-life safety provisions were avoided. Only those requirements pertaining directly to the impacts of an additional wood frame story (number of stories, allowable area) were amended. (See the attached comparison to the 1997 UBc.) The concept assumes that the addition of the fifth story requires a greater degree of fire- resistivity for the first wood frame story in order to protect the structural integrity of both the building itself and the exit structures. The exit enclosures are provided with pressurization to compensate for the additional distance that the occupants must travel from the fifth floor. This is a conservative approach in as much as the UBC and the International Building Code (ffiC) require no additional fire protection based on exit travel distance once occupants are in a protected exit enclosure. Emergency power is required to operate at least one elevator and all emergency related systems. All other requirements of the UBC apply as appropriate based on occupancy type. This ordinance will be presented in the fonn of a code amendment to the Washington State Building Code during the next cycle. In the meantime, as has been discussed with State Building Code Council (SBCC) staff, this ordinance can be utilized under section 104.2.8- Alternate materials, alternate design and methods of construction, 1997 UBC. SBCC staff has confirmed that local jurisdictions have the authority to adopt such regulation as is beneficial to their communities, as long as it meets the intent of section 104.2.8. Furthermore, SBCC staff has found no substantial flaws in technical content, legal authority or process. They have recently responded to a group of three Eastside jurisdictions in writing to this effect. Fire department personnel in several cities have reviewed the ordinance and have been supportive ofthe concept and the approach to fire safety. The City of Burien has already adopted this ordinance as part oftheir building code. II. PROCEDURAL SUMMARY A generic version ofthis ordinance has been presented to the King County Growth Management Board, the Washington Association of Building Officials (W ABO), and the King County Advisory Committee. The State Building Code Council staff has also reviewed the document. In February, the City ofBurien approved a version of the ordinance. III. COUNCIL ACTION/ST AFF RECOMMENDATION The Council shall by majority vote of its total membership take the following action: 1. Approve the proposed Building Code amendment by ordinance; 2. Modify and approve the proposed Building code amendment by ordinance; or 3. Disapprove the proposed Building Code Amendment. Staff recommends adoption of the ordinance amending Chapter 5 of the Federal Way City Code IV. LAND USE/ TRANSPORTATION COMMITTEE RECOMMENDATION It is the City's practice that all building code amendments be presented to the LUTe. The LUTC discussed the ordinance and staffs recommendation during an April 16, 2001 public meeting. LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by staff As recommended by staff and amended by the LUTC 1 of Committee Action '- ~~e~~~ 1?t J-- Eric Faison CODE COMPARISON Uniform Building Code (1997 UBC) vs. Five-story Wood Frame Construction ELEMENT Number of Wood Frame Stories Allowed UBC Four1 First Story Construction Type V i-hour Remaining Story Construction Sprinkler Substitution for V i-hour construction Occupancies Allowed Type V i-hour FIVE-STORY WOOD FRAME Five Type V i-hour Structuralfran1e: 2-hour fire resistive construction Type V i-hour Not allowed A, B, F-l, F-2, M, S-l, S-2, S-3 5-5, R-l Stair Enclosure Two-hour + 1 V2 hour nstruction 0 enin rotection ~ rinkler 5 stem Re uired Alarm S stem Re uired Class I stand i e Re uired Stairwell Pressurization Not re uired Stand-b ower Conditionall re uired Hei ht 50 2 Maximum Allowable Area 56,0004 Structural Observation Conditionall Re uired 1 Includes one story increase for sprinklers 2 Measured to the highest habitable floor. 3 May trigger high rise requirements if height exceeds 55 feet above lowest fire department access (FWCC) 4 This number is for the purpose of comparison only. Buildings proposed with mixed uses may be affected by other code requirements and may be less than shown. Not allowed A, B, F-l, F-2, M, S-l, S-2, S-3, 5-5 R-l Two-hour + 1112 hour 0 en i n rotection Re uired Re uired Re uired Re uired Re uired 652,3 70 000 4 Re uired ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY FEDERAL WAY, WASHINGTON, AMENDING CHAPTER FIVE OF THE FEDERAL WAY CITY CODE TO ALLOW CONSTRUCTION OF FIVE-STORY WOOD FRAME BUILDINGS. WHEREAS, Chapter 5 of the Federal Way alternate material, methods of design, and methods of const r e approval of WHEREAS, the City of Federal Way desir economically viable mixed-use buildings; and WHEREAS, the City solicited inp recommended adoption of alternate methods and frame construction for mixed-use buildin and inspection standards are met, and 197-11-800(20) adoption of the regulations ontaining no substantive standards respecting m the procedural requirements of the State Environmenta additional incentive for t occupancies within downtown is alternate method of construction will provide an ion of economically viable mixed-use and residential use element policies which pro al Way, consistent with the City's Comprehensive Plan land e for high density uses in the downtown; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: ORD# ,PAGEl Section 1. amended as follows: Amendment Chapter 5 of the Federal Way City Code is hereby A. The table of contents of Chapter 5 is amended as follows: Chapter 5 BUILDINGS AND BUILDING Article I. In Genera Sec. 5-1. Purpose. Sec. 5-2. Conflicts. Sec. 5-3. Interpretation. Sec. 5-4. Application and scope. Sec. 5-6. App~¡F Sec. 5-7. Enforcement Sees. 5-8--5-35. Reserved. Article II. Administration Sec. 5-36. Right of entry. Sec. 5-37. Authority to adopt rules and regulations. ORD# , PAGE 2 Sec. 5-38. Liability. Sec. 5-39. Deviations. Sec. 5-40. Additional conditions. Sec. 5-41. Appeals. Sec. 5-42. Pennits. Sec. 5-43. Enforcement (administration). Secs. 5-44--5-65. Reserved. Article III. Building Cons Sec. 5-66. Building codes adopted. Sec. 5-68. Uni Five-Story Wood Frame Buildines Sec. 5-69. Purpose-General Sec. 5-70. Construction. Sec. 5-71. Occupancy. ORD# , PAGE 3 Sec. 5-72. Stair Enclosures. Sec. 5-73. Fire Detection and Protection. Sec. 5-74. Height. Sec. 5-75. Basic Allowable Floor Area Sec. 5-92. Enfi Sec. 5-76. Fire Department Access. Sec. 5-77. Construction Inspection. Sec. 5-78. Maintenance of Fire Protection Systems. Article V. Division 1. Generally Sec. 5-91. Appeals. Division 2. Pennit Sec. 5-101. To whom issued. Sec. 5-102. Fees. Sees. 5-103--5-115. Reserved. ORD# ,PAGE 4 Division 3. Standards Sec. 5-116. Plumbing code adopted. Sec. 5-117. Amendments. Sec. 5-118. County rules and regulations adopted relating to Article VI. Existing Buildings Mec Sees. 5-119--5-140. Reserved. Sec. 5-141. Code adopted. Sec. 5-142. Amendments. Sec. 5-143. Appeals. Existinl! Buildinl!s Sec. 5-167. Appeals. Sec. 5-168. Amendments--Uni orm Code for the Abatement of Dangerous Buildings. Sees. 5-169--5-215. Reserved. Article VIII. lVloving Buildings Swimminl! Pools. Hot Tubs. Spas ORD# , PAGE 5 Sec. 5-216. Reserved. Sec. 5-217. Compliance required. Sec. 5-218. Enforcement. Sec. 5-219. Violations and penalties. Sec. 5-224. Same--Covered pools. Sec. 5-220. Satisfactory alternate. Sec. 5-221. Retroactive effect. Sec. 5-222. Fences and gates--Required. Sec. 5-223. Same--Waiver for inaccessibility. Movio2 Buildiol!s Sec. 5-246. Purpose and scope. Sec. 5-247. Definitions. Sec. 5-248. Classification of movements. ORD# , PAGE 6 Sec. 5-249. Pennit required. Sec. 5-250. Application for pennit. Sec. 5-251. Fees. Sec. 5-252. Deposits; insurance. Sec. 5-253. Conditions for issuance ofpennits. Sec. 5-254. Escort. Sec. 5-255. Time. Sec. 5-256. Lights. Sec. 5-257. Notice to utilities. Sec. 5-320. Electrical codes adopted. Sec. 5-321. Effect of chapter on existing wiring. Sec. 5-322. Amendments. ORD# , PAGE 7 B. Chapter 5 of the Federal Way City Code is amended as by the addition of a new article follows: w ARTICLE IV. FIVE-STORY WOOD Sec. 5-69. Purpose-General The ose of this article to 1997 Edition of The Uniform Buildin must be met before a buildin Sec. 5-70. Construction. íQ} shall be constructed of T e V I-hour fire- 11 structural fTame and load bearin elements must consist of approved. two-hour fire-resistive construction. ~ Upper Four Stories. The upper four stories of a 5-storv wood fTame building shall be constructed of at least TyPe V I-hour fire-resistive construction. ORD# , PAGE 8 @ Use of Type V above Tvpe I Construction. Where Type V wood frame stories are constructed over Type I construction. the Tvpe V stories shall be separated from the Tvpe I stories as provided in Uniform Building Code Section 311.2.2.1 (1997 Edition). as presently constituted or as may be subsequently amended. Sec. 5-71. Occupancy. Occu anc {ill Uniform Buildin ilil Sec. 5-72. Stair Enclosures. cted ursuant to this section all stair enclosures rotection. Sec. 5-73. Fire:: {ill and contained in the 1997 U Use of the automatic fire s . Code Standard 9-1 uildin Code and as amended b the State Buildin Code. er s stem shall be in addition to not in lieu of I-hour fire- resistive construction required in Section 5-70. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of wood frame construction may be permitted. ORD# , PAGE 9 ilil All stair enclosures and elevator shafts shall be pressurized as set forth in Unifonn Building Code sections 905.3.2 and 905.5.3.3. as presently constituted or as may be subsequently amended. In addition a class I standpipe system as required by Unifonn Building Code section 904.5 and Unifonn Building Code Standard 9-2. as presently constituted or as may be subsequently amended. shall be installed. {ç} A standb 1997 Unifonn Buildin Code section 403.8.1 and the 1999 @ A monitored manual and automatic fire dete . Fire Chief shall be installed throu bout the buildi monitoring of the automatic fire sprinkler system. Sec. 5-74. Hei2ht. d and constructed ursuant to this section shall . ded in the 1997 Unifonn Buildin Code as Sec. 5-75. Basic Allowable F The basic allowable area of floors of five-story wood frame buildings shall be as allowed In Table 5-B and sections 504 - 505. Unifonn Building Code. 1997 Edition. as presently constituted or as may be subsequently amended. plus 25%. ORD# , PAGE 10 Sec. 5-76. Fire DeDartment Access. Site design for any fIVe-stOry wood framed building shall include access sufficient for Fire Department vehicles. as detennined by the Fire Chief and Building Official. Department vehicle access shall be documented on site and building plans. Fire Sec. 5-77. Construction InsDection. The followin section: 1. Structural observation elements; and 2. Unifonn Buildin tures shall maintain the fire and life-safet w Code in an 0 erable and shall be forwarded to t al and be available to the ins ection authorit . Section 2. . 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 ofthe remainder ofthe ordinance, or the validity of its application to any other persons or circumstances. ORD# , PAGE 11 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 thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of ,2001. MAYO ATTEST: CITY CLERK, N. CHRISTINE GRE:& , APPROVED AS FILED WITH THE CITY CLE PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD# ,PAGE 12 day of - MEETINGDA~OOI lTEMlI :J;C (Ii). CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC), CHAPTER 22 RELATING TO HEIGIIT AND LANDSCAPE REQUIREMENTS FOR PUBLIC PARKS, SCHOOLS, GOLF COURSES AND GOLF DRIVING RANGES. CATEGORY: X CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPAcr: Amount Budgeted: $ 0 Expenditure Amt: $ 0 Contingency Reqd: $ 0 ATTACHMENTS: (1) April 23, 2001 Memorandum to the City Council Land Use and Transportation Committee (LUTe); (2) Draft Ordinance; (3) Proposed Amendments to Land Use Charts and FWCC, Sec. 22.1561 Purpose and 22.1570 Modification Options; (4) Staff Report to the Planning Commission SUMMARYIBACKGROUND: Proposed amendments to Federal Way City Code to provide administrative authority to increase heights for minor and supporting structures (e.g. flagpoles; lighting; bleachers; backstops) that are necessary and integral to schools, parks, golf courses and golf driving ranges, as well as provide greater latitude in landscaping requirements due to the unique nature and functional requirements of public parks and schools. ._-- CITY COUNCIL COMMITTEE RECOMMENDATION: LUTC unanimously recommended forwarding the proposed amendments to the City Council for first reading of the ordinance. CITY MANAGER RECOMMENDATION: Motion to move to second reading and enactment at the next regular meeting. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE COMPLETED BY CIIY CLERK'S OFFICE) COUNCIL ACTION: .-. APPROVED DENIED TABLEDIDEFERREDINO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # ~fo? ¡e! ~. 57ís10('- ~:t:-.2~ ~~~~~f :1- CITY OF FEDERAL WAY MEMORANDUM To: Dean McColgan, Chair Land Useffransportation Committee (LUTC) VIA: Kathy McClung, Director ofCom~iÄ~ Development Services Greg Fewins, Deputy Director, C~ David Moseley, City Manager ~ FROM: DATE: April 23, 2001 SUBJECT: Amendments to Federal Way City Code (FWCC) Relating to Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping I. INTRODUCTION AND BACKGROUND As part of its regular review of development regulations and based on direction received from the Land Use & Transportation Committee,' Staff has proposed code amendments to provide for an increase in the maximum height requirements for sports field lighting, flag poles, and other minor and supporting structures such as back stops associated with schools, public parks, golf courses, and golf driving ranges, and to provide for flexibility regarding landscaping requirements specifically for schools and public parks. Text sections of Chapter 22, "Zoning," of the FWCC regarding review processes is proposed to be amended based on: 1) existing code interpretations by the Director of Community Development Services; and 2) the need to improve upon the current limitations regarding specific height and landscaping requirements for schools, public parks, recreational facilities, golf courses, and golf driving ranges. This is necessary in order to logically provide for the improvement and addition of minor and supporting structures greater in height than currently allowed by the FWCC that are necessary and integral to the subject use, as well as greater latitude in landscaping requirements due to the unique nature and functional requirements of public parks and schools. Currently, minor and supporting structures cannot exceed the height limit in certain zones, and landscaping requirements for parks and schools do not reflect the unique nature and requirements generally associated with these uses. At present, a variance process is required to allow for height increases. Staff believes that there should be amendments to the zoning code. Many minor and supporting structures in public facilities, such as lighting, bleachers, backstops, etc., exceed the height limit. Currently, a variance must be applied for each time a structure exceeding the height limit is required. This is an unnecessary process for placing a minor and supporting structure that is already an allowed use at these types offacilities. I The 2000 Planning Commission Work Program was presented to the LUTC on January 10, February 24, and April 17,2000. At the LUTe's April 17,2000 meeting, the LUTC made a motion to recommend approval to the City Council of the work program, which included heights and landscaping amendments under "Miscellaneous Code Amendments." The work program was approved by the City Council at their May 2, 2000, meeting. The identified uses, public parks and recreational facilities, schools, and golf driving ranges, are allowed in all zones with the exception of Corporate Park zone (CP). II.. DECISIONAL CRITERIA AND ANALYSIS FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments regarding landscaping and heights with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehensive plan. The proposed amendment regarding heights and landscaping are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG 1 Improve the appearance and function of the built environment. LUP 4 Maximize efficiency of the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendments will provide greater flexibility in placing minor and/or supporting structures above the current height limit, by eliminating the requirement to go through a costly and time-consuming variance procedure. Landscaping flexibility will promote retaining the natural environment, as found in parks to a greater degree. The proposed amendments will require that the proposed height of minor and supporting structures (if greater than currently allowed in the zoning tables) for schools, public parks and recreational facilities, golf courses and golf driving ranges, and landscaping modifications for schools, public parks and recreational facilities be subject to individual administrative review by the Director of Community Development Services. This review will assess each proposal on a case-by-case basis to ensure that the minor and supporting structures would not have a significant adverse effect on surrounding properties, and that landscaping modifications are established consistent with the review criteria found in FWCC Section 22-1570. In addition, flexibility in landscaping will in certain instances help promote public safety through adherence to Crime Prevention Through Environmental Design (CPTED) standards. For example, a reduction in perimeter landscaping requirements may allow greater visability of a public facility by the police, and discourage unlawful activities. Additionally, the proposed FWCC text amendments will result in improved review processes, which have a direct relationship to public health, safety, and welfare. 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve review processes, resulting in increased efficiency and effectiveness of city resources. Page 2 of 4 III. PLANNING COMMISSION RECOMMENDATION AND PROCEDURAL SUMMARY FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the Planning Commission considered the proposal in light of the decisional criteria in FWCC 22-52 I. The role of the Planning Commission was as follows: . To review and evaluate the zoning code text regarding any proposed amendments; . To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, . To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. The proposed text amendments to the Zoning Chapter of the FWCC involve exclusively land use procedures and do not contain substantive standards respecting use or modification of the environment. Therefore, the proposed text amendments are categorically exempt from the provisions of the State Environmental Policy Act (SEP A), pursuant to FWCC Section 18-71. A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft FWCC text amendments regarding development review processes were published, posted, and distributed consistent with code requirements. The Planning Commission conducted a public hearing on the proposed FWCC text amendments on April 4, 200 I. The Planning Commission considered the proposed text amendments (Exhibit A) in light of the decisional criteria outlined above in Section II of this report. By a unanimous vote (6-0), the Commission recommended that the City Council adopt the zoning code text amendments IV. COUNCIL ACTION Consistent with the provisions of FWCC Section 22-541, after consideration of the Planning Commission report and at its discretion holding its own public hearing, the City Council shall by majority vote of its total membership take the following action: I. Approve the proposed zoning code text amendment by ordinance; 2. Modify and approve the proposed zoning code text amendment by ordinance; 3. Disapprove the proposed zoning code text amendment by resolution; or 4. Remand the proposed zoning code text amendment back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report back to the City Council on the proposed zoning code text amendment. Page 3 of 4 V. LAND UsEffRANSPORTATION COMMITTEE RECOMMENDATION It is the city's practice that all land use related items be presented to the LUTC. The LUTC will discuss the Planning Commission's recommendation during an April 23, 2001, public meeting. The LUTC forwards the proposed amendments to the full Council for first reading with the following recommendation: - Recommend APPROVAL of the proposal by adopting an appropriate ordinance. - Recommend APPROVAL of the proposal as MODIFIED by adopting an appropriate ordinance. - Recommended DISAPPROVAL of the proposal by resolution. ApPROVAL OF COMMITTEE ACTION ..~ 'ÚY-r<J íÔ~~ Jeanne Burbidge ~~ VI. EXHIBITS 1. Draft Ordinance A. Proposed Amendments: Land Use Charts and Federal Way City Code, Article XVII Section 22-1561, "Purpose," and Section 22-1570, "Modification Options." 2. Staff Report to the Planning Commission (April 4, 2001, Planning Commission Meeting) Page 4 of 4 CITY OF FEDERAL WAY DRAFT :5/I~61 ORDINANCE NO. 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO ADDRESS HEIGHT AND LANDSCAPING REQUIREMENTS FOR PUBLIC PARK AND RECREATIONAL FACILITIES, SCHOOLS, GOLF COURSES, AND GOLF DRIVING RANGES WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning), to modify standards relating to height and landscape requirements for public park and recreational facilities, schools, golf courses, and golf driving ranges will provide for improved review processes; WHEREAS, the City of Federal Way finds that the code amendments relating to height and landscape requirements for public park and recreational facilities, schools, golf courses, and golf driving ranges will implement and is consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments relating to the proposed changes on April 4, 2001, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments on April 23, 2001, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the proposed code amendments are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. ORDINANCE NO. 01 - , PAGE I Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG] Improve the appearance andfuñction of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. LUG 3 Preserve and protect Federal Way's single-family neighborhoods. L UP]5 Protect residential areas from impacts of adjacent non-residential uses. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they will result in improved review processes, by providing consistency between requirements and standards. 3. The proposed amendment is in the best interest of the residents of the city because they will improve review processes by clarifying and standardizing requirements, resulting in increased efficiency and effectiveness of city resources. Section 3. Amendment. FWCC Chapter 22 shall be amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. ORDINANCE NO. 0 I - . PAGE 2 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of , 200 I. " ApPROVED: MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No.: 1:\DOCUMENlìMiscelianeous Code AmendmentsIParks & School HeightslOriginal Ordinance.doelLast printed 05/17/2001 0343 PM ORDINANCE NO. 01 - , PAGE 3 22-602 Golf course. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: rJJ DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS ~ Minimums Maximums ¡: Required Yards < ..¡ ;;¡ ¡,:) \.W ¡:z: USE VI ¡:¡ u 0 .",Q: ~ ~ .- OJ ::> .- 0"> OJ OJ e:::e::: æ OJ e::: 2 g ~ OJ :::! en OJ N Vi Õ ..¡ ë 0 I.t Golf course I Process 15 acres 150 ft. 150 ft. IV 50 ft. 175% Process 1. 11. III and IV are described in §§ 22-351 - 22-356. 22-361-22-370 22-386 - 22-411, 22-431 - 22-460. respectively. OJ CD e OJ > 0 U Õ ..¡ .... 0 ~ ...E CDu ~Æ VI OJ g 0- .",en ~ CD .- c ::> ,- ~~ e:::"", Determined on a case- by-case basis. USE ZONE CHART ZONE SE SPECIAL REGULA nONS AND NOTES 1. This use may be permitted only if it will not unreasonably interfere with the nearby residential uses. 2. Site design must minimize adverse impacts on nearby residential areas. 3. May not include miniature golf. 4. The following accessory uses may be permitted as part of this use: a. Golf equipment storage facilities. b. Retail sales and rental of golf equipment and accessories. c. Clubhouse facilities. 5. If any portion of a sfi'ucture on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 6. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 7. Refer to Article XVII, Landscaping, for appropriate requirements. 8. For sign requirements that apply to the project, see Article XVIII. 9. For community design guidelines that apply to the project, see Article XIX. 10. Minor and supporting structures constructed 85: functional requirement golf courses may exceed the applicable height limitation. provided that the director of community development services determines that such structures will not signitìcantly impact adjacent properties. -L For olher infonTIation about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(15.40), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291. § 3, 4-1-97; Ord. No. 99-333, § 3.1-19-99) 35 ft. above average building elevation. Sc;: note lQ., 1:\DOCUMENTlMiscelianeous Code AmendmentsIParks & School HeightslCouncil VersionslSE Sections 22-602. 22-605. & 22-61l.dociLast printed 05/17/2001 03:43 PM 22-605 Schools. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART rfl I DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULA nONS z I Minimums I Maximums ~ I Required Yards I -<I: ...¡ ;;¡ (.;I ¡.¡ cz:: USE '" '" ., '" 0 .",0:: !:: ~ .- 0) '" .- <:f';> 0) ., C>::C>:: ë e u.. ::c '" '" ~ ., .", ¡;¡ 0) N ¡;¡ Õ ..J Schools If this can 175% accommodate 50 or more attendees, then: 50 ft. 150 ft.50 ft. Otherwise: 20 ft. 120 ft. 120 ft. Process 15 acres III Process I. II. 111 and IV are described in §§ 22-351 - 22-356. 22-361 - 22-370 22-386-22-411, 22-431 - 22-460, respectivel}'. ::a ., C>:: 0) & 0) ;> 0 u 3 .... 0) 0... .Ea o.og 'ü = :trfl '" 0) '" '" Q. .",rfl !:: 0.0 .- C '" .- <:f"'" ., ::a C>::ø.. Determined on a case- by-case basis. ZONE SE SPECIAL REGULA nONS AND NOTES 1. This use may locate on the subject property only if it will not be detrimental to the character of the neighborhood in which it is located and: a. It will serve the immediate area in which it is located; or b. The subject property is adjacent to a collector or arterial right-of-way. 2. If the use will serve children, the subject property must contain an outdoor play area with at least 75 sq. ft. for each child using the area at any one time. This play area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and structured play areas may not be in required yards. 3. Hours of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby residential uses. 4. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the extent and nature of existing street improvements. 5. Site design, including, the 10catiQ1 of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses. 6. All activities pertaining to schools, such as auto repair or other uses, that may impact adjacent properties must take place within an enclosed building. 7. For all structures except gyms, if any portion of a structure on the subject property is located less than 100 ft. from an adjacent low density zone, then either: a. The height of that portion of the structure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 8. For all structures except gyms, if the structure is located 100 ft. or more from an adjacent low density zone, the maximum height may be increased from 30 ft. to 40 ft. is all of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and b. Each required yard abutting the structure is increased five ft. for each one ft. the structure exceeds 30 ft. above average building elevation. 9. For any structure, including gyms, an increase in height above 30 E. shall not block views designated by the comprehensive plan. 10. May include accessory living facilities for one staff person. 11. This use must comply with the requirements of the State Department of Social and Health Services andlor the State Superintendent of Public Instruction. 12. Refer to § 22-946 et seq. to detennine what other provisions of the chapter may apply to the subject property. 13. Refer to Article XVII, Landscaping, for appropriate requirements. 14. For sign requirements that apply to the project, see Article XVIII. 15. For community design guidelines that apply to the project, see Article XIX. 16. Minor and sUPl>OrtinR structures constructed as a functional requirement of schools may exceed the applicable heiRht limitation, provided that I the director of community development services detennines that such structures will not siRnificantly impact adjacent properties. L For other infonnation about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22- 113 I et seq. , (Ord. No. 90-43, § 2(15.52), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. ~o. 99-333, § 3, 1-19-99} 55 ft. above average building elevation for gyms if located 100 ft. or more from an adjacent residential zone. 30 ft. above average building elevation for all other structures. See notes 7-9 and 16. I\DOC' ,Miscellaneous Code AmendmentsIParks & School Heights\Council Versions\SE Sections 22-602, 22-605, & 22-611. printed 05117/200103:43 PM 22-611 Public parks. The following uses shall be pennitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART en DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS ~ Minimums Maximums ¡: Required Yards -< ...¡ ;;¡ " ¡.,¡ cc: '" '" .., u 0 ",,;:t ~ ~ .:; .!:! 0"> ~~ .., N r.ï5 Õ ...¡ " e ¡¡. :;: u '" ~ .., "" r.ï5 .., CI) ~ .., > 0 u Õ ...¡ .... .., 0... .... '" -§¡t> ,¡ .5 :I: en ~ u '" 0. ""en .~ gp '" .- ¡f~ "Q. ZONE SE USE æ ~ SPECIAL REGULA nONS AND NOTES See note 6. I. This city will determine the specific structures and facilities and the nature and extent of improvements within each park based on the following factors: a. The size and location of the park. b. The neighborhood in which it is located. c. The recreational needs of the neighborhood in which it is located and the city or region as a whole. d. The best interests ofðJe public, 2. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 3. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 4. For sign requirements that apply to the project, see Article XVIII. 5. For community design guidelines that apply to the project, see Article XIX. 6. Minor and supporting structures constructed as a functional reQuirement of public parks may exceed the applicable height limitation, provided that the director of community development services determines that such structures will not significantly impact adjacent properties. -L For other infonnation about parking and parking areas, see § 2~j¡ 376 et seq. Public parks I Process INone III Determined on a 175% I Determined Determined case-by-case basis. on a case- on a case. by-case by-case basis. basis. Process I, II, III and IV are described in §§ 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-411. 22-431 - 22-460. respectiveI~'. For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(15.75), 2-27-90; Ord. No. 93.170, § 7(Exh. B), 4-20-93; Ord. No. 97.291. § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99) IIDOCUMENT\Miscelianeous Code AmendmenlSIParks & School HeightslCouncii VersionslSE Sections 22.602, 22-605. & 22.61l.docll.ast printed 05/1712001 03:43 PM 22-636 Golf course. The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section: rJ) DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS ð Minimums Maximums ¡: Required Yards « ,..¡ ;:;¡ " ¡,¡¡ cz:: USE V> ~ u 0 ",è: ~ ~ .- u " .- '3"> U U iXiX æ ~ u C1J F: u > 0 U Õ ,..¡ :c u '" ~ u '" Vj ""' u 0... - " -§¡'g .¡:¡ .= :I:: en U N Vj Õ ,..¡ E 0 .t Golf course I Process 15 acres 150 ft. 150 ft. IV 50 ft. 175% 30 ft. above average building elevation. See note .!JL Process I. II, III and IV are described in §§ 22-351 - 22-356. 22-36 I - 22-370 22-386 - 22-41 I, 22-43 I - 22-460, respectively. V> U U '" Co ",en u C1J ';.5 '3"~ u '" iXQ., Determined on a case- by-case basis. USE ZONE CHART ZONE RS SPECIAL REGULA nONS AND NOTES I. This use may be permitted only if it will not unreasonably interfere with the nearby residential uses. 2. Site design must minimize adverse impacts on nearby residential areas. 3. May not include miniature golf. 4. The following accessory uses may be permitted as part of this use: a. Golf equipment sto[age facilities. b. Retail sales and rental of golf equipment and accessories. c. Clubhouse facilities. 5. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the struc.ture parallel to the low density use shall not exceed 50 ft. in length. 6. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 7. Refer to Article XVII, Landscaping, for appropriate requirements. 8. For sign requirements that apply to the project, see Article XVIII. 9. For community design guidelines that apply to the project, see Article XIX. 10. Minor and supporting structures constructed as a functional reQuirement of golf courses mav exceed the applicable height limitation, provided that the director of community development services determines that such structures will not ,significantly impact adjacent properties. L For other information about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1 04~ et seq. For details regarding required yards, see § 22-1 131 et seq. (Ord. No. 90-43, § 2(20.30), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99) I:\DOC' ìMiscelianeous Code AmendmenrsIParks & School HeighrslCouncil VersionslRS Sections 22.636. 22-639. & 22-646/ . printed 05117/200103:43 PM 22-63~ _~nools. The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART r.n nONS: FIRST, read down to find use. .. THEN, across for REGULATIONS ~ Minimums I Maximums ¡:: I Required Yards I « ,.¡ ;:¡ Ç,:) .,;¡ a: USE Schools Process III ~ OJ t) e ""c... ~ ::: '5 .~ 0-> .., OJ a:~ 1:! C;; Õ ..J ë e I,¡., ::ê' t) '" ~ .., "" C;; As established on the zoning map. See Note 1. If this can accommodate 50 or more attendees, then: 50 ft. 150 ft. 150 ft. Otherwise: 20 ft. 120 ft. 120 ft. Process [, II, III and IV are described in §§ 22-35 I - 22-356, 22-361 - 22-370 22-386 - 22-411, 22-431 - 22-460. respectivelv. æ ~ OJ & OJ > 0 U j ... 0 ~ - :;; .c- bOt) :gÆ 8 '" 0. I"" VJ ~ b.( .- '" :;; .- 0-"'" ~~ ZONE RS 75% 155 ft. above average building elevation for gyms if located 100 ft. or more from an adjacent residential zone. 30 ft. above average building elevation, See notes 8- 10 and 17. SPECIAL REGULATIONS AND NOTES 1. Minimum lot size per dwelling unit is as follows: a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. This use may locate on the subject property only if it will not be detrimental to the character of the neighborhood in which it is located and: a. It will serve the immediate area in which it is located; or b. The subject property is adjacent to a collector or arterial right-of-way. 3. If the use will serve children, the subject property must con lain an outdoor play area with at least 75 sq. ft. for each child using the area at anyone time. This play area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and structured play areas may not be in required yards. 4. Hours of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby residential uses. 5. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the extent and nature of existing street improvements. 6. Site design, including, the location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses. 7. All activities pertaining to schools, such as auto-repair or other uses, that may impact adjacent properties must take place within an enclosed building. 8. For all structures except gyms, if any portion of a structure on the subject property is located less than 100 ft. from an adjacent low density zone, then either: a. The height of that portion of the structure shall not exceed 15ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 9. For all structues except gyms, if the structure is located 100 ft. or more from an adjacent low density zone, the maximum height may be increased from 30 ft. to 40 ft. if all of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and b. Each required yard abutting the structure is increased five ft. for each one ft. the structure exceeds 30 ft. above average building elevation. 10. For any structure, including gyms, an increase in height above 30 ft. shall not block views designated by the comprehensive plan. J I. May include accessory living facilities for one staff person. 12. This use must comply with the requirements of the State Department of Social and Health Services and/or the State Superintendent of Public Instruction. 13. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject property. J 4. Refer to Article XVII, Landscaping, for appropriate requirements. 15. For sign requirements that apply to the project, see Article XVIII. 16. For community design guidelines that apply to the project, see Article XIX. 17. Minor and supportin~ structures constructed as a functional requirement of schools mav exceed the applicable hei~ht limitation, provided thai the ,director of community development services detennines that such structures will not significantlv impact adiacent properties. L For other infonnation about parking and parking areas, see § 22-1376 et seq. . For details of what may exceed this height limit, see § 22- J 046 et seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43 § 2(20.42), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3,4-1-97; Ord. No. 99-333, § 3,1-19-99) I:IDOCUMENlìMiscelianeous Code AmendmentsIParks & School Hei.htslCouncil VersionslRS Sections 22.636. 22-639. & 22-646.docILast Drinted 05/1712001 03:43 PM 22-646 Public parks. The following uses shall be pennitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section: ~ DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS 2 Minimums Maximums ~ Required Yards ..;¡ '" ~ ~ " u ¡..¡ e cz: ",c.. ~ ~ .- ... " .- cr> ... ... ¡:z::¡:z:: USE ~ Ci5 Õ ..;¡ :c u ~ ~ ... '" Ci5 ... 01) e ... > 0 U Õ ..;¡ ... ... 0 .. - " ...- OI)U .;:¡ Ë :J::on wfii"bë determined on a case- by-case basis. ë e tJ,. æ ... ¡:z:: Public parks Process INane III Will be determined 175% on a case-by-case basis. See note 6. Process I. II. III and IV are described in §§ 22-35\ - 22.356, 22-361 - 22-370 22-386 - 22-411, 22-431 - 22-460, respectively. USE ZONE CHART ~ c. ",on ~ 01) .- c " .- cr-"i ... æ ¡:Z::c.. ZONE RS SPECIAL REGULATIONS AND NOTES I. This city will detennine the specific structures and facilities and the nature and extent of improvements within each park based on the following factors: a. The size and location of the park. b. The neighborhood in which it is located. c. The recreational needs of the neighborhood in which it is located and the city or region as a whole. d. The best interests of the public. 2. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that ~tructure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 3. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject property. 4. For sign requirements that apply to the project, see Article XVlIl. 5. For community design guidelines that apply to the project, see Article XIX. 6. Minor and supporting structures constructed as a functional requirement of public parks may exceed the applicable height limitation, provided that the director of communitY development services detennines that such ,structures will not significantly impact adjacent properties. -L For other information about parking and parking areas, See § 22.\376 et seq. For details of what may exceed this height limit, see § 22.\ 046 et seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(20.70),2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99) IIn"r"M~"'T'\M;,,_II..~,.. r.". ,--."__.'.10.... R. <.'MI u.;",..Ir."..;r \I.~;...IO< <_.';MO" <,< ".<," R. ".<A< "..11... .0;'--" o</I",OOIO1.,"M 22-674 Schools. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: rJJ I DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS ~ I Minimums I Maximums ¡: I Required Yards I < ..¡ ;;¡ '" ¡,.¡ a: USE '" ~ <.) e -oQ. !:! ~ .- u :> .- <:1"> ~~ ë e u. ::: ~ ~ u -0 éii ~ éii Õ ..¡ Schools If this can 175% accommodate 50 or more attendees, then: 50 ft. 150 ft. 150 ft. Otherwise: 20 ft. 120 ft. 120 ft. Process 17,200 III sq. ft. Process I, II, !II and [V are described in §§ 22-351 - 22-356, 22-361 - 22-370 22-386-22-41[, 22-431 -22-460, respectively. a u a: u ~ t > 0 U Õ ..¡ ... u 0 .. ~ :> .c~ 01)<.) .¡¡ Ë :I:rJJ 55 ft. above average building elevation for gyms iflocated 100 ft. or more from an adjacent residential zone. ~ ~ Q. -orJJ !:! 01) '- c :> .- ¡f~ a:Q. Determine dona case-by- case basis. USE ZONE CHART ZONE RM SPECIAL REGULA nONS AND NOTES I. This use may locate on the subject property only ifit will not be detrimental to the character of the- neighborhood ¡¡¡ which it Is located-and: a. It will serve the immediate area in which it is located; or b. The subject property is adjacent to a collector or arterial right-of-way. 2. If the use will serve children, the subject property must contain an outdoor play area with at least 75 sq. ft. for each child using the area at any one time. This play area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and structured play areas may not be in required yards. 3. Hours of operation and maximum number of attendees may be limited by the city to reduce impact on nearby residential uses. 4. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the extent and nature of existing street improvements. 5. Site design, including, the location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses. 6. All activities pertaining to schbols, such as auto-repair or other uses, that may impact adjacent properties must take place within an enclosed building. 7. For all structures except gyms, if any portion of a structure on the subject property is located less than 100 ft. from an adjacent low density zone, then either: a. The height of that portion of the structure shall not exceed 15ft. above average building elevation: or b. The facade of that portion of the structure parallel to the low density zone shall not exceed SO ft. in length. 8. for all structures except gyms, if the structure is located 100 ft. or more from an adjacent low density zone, the maximum height may be increased to 40 ft. if all of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and b. Each required yard abutting the structure is increase five ft. for each one ft. the structure exceeds 30 ft. above average building elevation. 9. For any structure, including gyms, an increase in height above 30 ft. in RM 3.6 and 2.4 zones, and 35 ft. in RM 1.8 zones shall not block views designated by the comprehensive plan. 10. May include accessory living facilities for one staff person. II. This use must comply with the requirements of the State Department of Social and Health Services and/or the State Superintendent of Public Instruction. 12. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject property. 13. Refer to Article XVII, Landscaping, for appropriate requirements. 14. For sign requirements that apply to the project, see Article XVIII. IS. For community design guidelines that apply to the project, see Article XIX. 16. Minor and supportin2 structures constructed as a functional reQuirement of schools may exceed the applicable hei2ht limitation. provided that the director of community development services detennines that such structures will not si2nificantly impact adjacent properties. -L For other infonnation about parking and parking areas, see § 22-1376 et seq.- For details of what may exceed this height limit, see § 22-1046 et seq. For details r¡garding required yards, see § 22-1131 et seq. (Onl. No. 90-43. § 2(25.45). 2-27-90; Ord. No. 93-170, § 7(Exh. ß), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99) IIDOCUMENnMiscclianeous Code Amendment."Parks & School HeightslCouncil VersionslRM Sections 22.674 & 22-680.doc/Lasl printed 05/1712001 03:44 PM For all other structures, in RM 3.6 and 2.4 zones, 30 ft. above average building elevation. In RM 1.8 zones, 35 ft. above average building elevation. See notes 7-9 and 16. 22-680 Public parks. The following uses shall be pennitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART I DIRECTION' FiRST, ,," 'OW" iO ""' '" , .. THEN, ,=~ f" REGULA TlQNS ~ I Minimums I Maximums ~ I Required Yards I < ...¡ ~ " ¡.¡ cz:: '" '" '" u e .",Q., ~ ~ .- '" '" .- <T> '" '" ~~ ~ i:ii Õ ...¡ ë e ¡.¡.. :<: u '" ~ '" .", i:ii '" an '" ::; > 0 U Õ ...¡ ..... 0 '" - :; .J::- anU .¡¡ 2 :t{¡j '" '" U '" C. .",<1) ~ an .- c: '" .- <T..Io: ~£ ZONE RM USE æ ~ SPECIAL REGULA nONS AND NOTES See note 7. 1. This city will determine the specific structures and facilities and the nature and extent of improvements within each park based on the following factors: a. The size and location of the park. b. The neighborhood in which it is located. c. The recreational needs of the neighborhood in which it is located and the city or region as a whole. d. The best interests of the public. 2. If any portion of a structure on the subject property is within 100 ft. of a low density zone, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The facade of that poAion of the structure parallel to the low density zone shall not exceed 50 ft. in length. 3. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 4. Refer to Article XVII, Landscaping, for appropriate requirements. 5. For sign requirements that apply to the project, see Article XVIII. 6. For community design guidelines that apply to the project, see Article XIX. 7. Minor and supporting structures constructed as a functional requirement of public parks may exceed the applicable height limitation. provided that the director of community development services determines that such structures will not ,significantly impact adjacent properties. L For other infonnation about parking and parking areas, see § 22-1376 et seq. Public parks Process I None III Determined on a 175% I Determined Determined case-by-case on a case- on a case- basis. by-case by-case basis. basis. Process I. II. III and IV are described in §§ 22-351 - 22-356, 22-361 - 22-370 22-386-22-411, 22-431 - 22.460, respectively. For details of what may exceed this height limit, see § 22-\046 et seq. For details regarding required yards, see § 22- 113\ et seq. (Ord. No. 90-43. § 2(25.70), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99) I\DOC' ìMiscelianeous Code AmendmenlSIParks & School HeighlSlCouncil VersionslRM Sections 22-674 & 22-680.doc/Last . 05/17/200103:44 PM 22-698 Government facility. The following uses shall be pennitted in the professional office (PO) zone subject to the regulations and notes set forth in this section: rJ) DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Z .. 0 Minimums 1= Required Yards -( ..J => " ¡.¡ c:: USE '" '" '" CJ e .,,~ ~ ~ '5.!:! <::r> '" '" ¡:>:::¡:>::: ë e u.. 2 CJ '" ~ '" ." ¡¡¡ '" N ¡¡¡ j Government facility, public parks and public transit. For transit and public parks: 0 ft. lOft. lOft. For government facility: 20ft. 110ft. 110ft. See notes 1 and 6 Process INone III See note 4. Process I, II, III and IV are described in §§ 22-35\ - 22-356, 22-36\ - 22-370 22-386 -22-4\1, 22-43\ - 22-460, respectively. æ '" ¡:>::: ..... '" 0 ... - '" .l:t) .¡¡> .s :I:rJ) '" '" CJ '" Q, ."rJ) ~ 01) .- c '" ,- <::r..loi ~£ Determined on a case- by-case basis. USE ZONE CHART ZONE PO SPECIAL REGULATIONS AND NOTES I. If any portion of a structure on the subject property is withIn 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential zone. 2. If detennined necessary to mitigate visual or noise impacts to surrounding properties, the city may require additional landscaping or buffers on a case-by-case basis. 3. Proposed parks must be consistent with the city's adopted comprehensive parks plan. 4. No maximum lot coverage¡is established. Instead, the buildable area will be determined by other site development requirements, Le., required buffers, parking lot landscaping, surface water facilities, etc. 5. For community design guidelines that apply to the project, see Article XIX. 6. For landscaping requirements that apply to the project, see Article XVII. 7. For sign requirements that apply to the project, see Article XVIII. 8. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 9. Minor and supporting structures constructed as a functional reQuirement of public parks may exceed the applicable height limitation, provided that the director of community development services determines that such structures will not significantly impact adjacent properties. L-- For other infonnation about parking and parking areas, see § 22-\376 et seq. For details of what may exceed this height limit, see § 22.\046 et. seq. For details regarding required yards, see § 22-1 131 et seq. (Ord. No. 90-43, § 2(35.37), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, §5, 7-2-96; Ord. No. 97-291, § 3,4-1-97) 35 ft. above average building elevation. See note~ 1 and 9. 1:\DOCUMENT\Miscelianeous Code AmendmentsIParks & School HeightslCouncil VersionslPO Section 22-698.doc/Last printed 05/17/200 1 03:43 PM 22- 728 Government facility. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: . USE ZONE CHART '{J DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS ~ Minimums ¡: Required Yards « ..¡ ;:;¡ " "'" a: USE ~ u t.) e ""c.. ~ ~ .- u ::> .- <:1";>- u u 0::0:: c e '-'- :ê t.) '" ~ u "" êii ~ êii Õ ..¡ Government facility, public parks, and public transit shelter. Process I None III Government facility: 20ft. 110ft. 110ft. Public parks: Determined on a case-by-case basis. Public transit shelter: ~. See notes I & 5. Process I, II, 111 and IV are described in §§ 22-351 - 22.356, 22-361 - 22-370 22-386 - 22-411, 22-431 - 22-460, respectively. æ u 0:: '- u 0 .. 1;3 oJ)g oj ::: ::tv) V> U ~ Q. ""V) ~ OJ) .- c ::> .- <:1""" ~~ Determined on a case- by-case basis. ZONE BN SPECIAL REGULA nONS AND NOTES 1. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential zone. 2. Proposed parks must be consistent with the city's adopted comprehensive park plan. 3. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, Le., required buffers, parking lot landscaping, surface water facilities, etc. 4. For community d~ign guidelines that apply to the project, see Article XIX. 5. For landscaping requirements that apply to the project, see Article XVII. 6. For sign requirements that apply to the project, see Article XVIII. 7. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 8. Minor and supporting structures constructed as a functional requirement of public parks may exceed the applicable height limitation, provided that the director of community development services determines that such structures will not significantly impact adjacent properties. L For other infonnation about parking and parking areas, see § 22.1376 et seq. For details of what may exceed this height limit, see § 22-1046 et. seq. (Ord. No. 90-43, § 2(40.62), 2-27-90; Ord. No. 93.170, § 7(Exh. B), 4.20-93; Ord. No. 96-270, § 5, 7-2.96); Ord. No. 97.291, § 3, 4-1-97) For details regarding required yards, see § 22.1131 et seq. 35 ft. above average building elevation. See note~ 1,&8. I:\DOCUMENT\Miscellaneous Code AmendmentsIParks & School HeightslCouncil VersionslBN Section 22-728.doc' 'inted 051171200 I 03 :42 PM 22- 753 Entertainment, etc. The following uses shall be pennitted in the community business (Be) zone subject to the regulations and notes set forth in this section: USE ZONE CHART rJ) DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Z M.. 0 Inlmums ¡: Required Yards < ...¡ ;;:¡ " ¡.¡ CI:: USE Retail establishment providing entertainment, recreational or cullural services or activities. Private club or lodge. Health club, golf course, driving range, indoor pistol range, bingo hall. Restaurant or tavern. Fast food restaurant. v> v> ... U 0 .",~ ~ ~ .- ... " .- 0-> ... ... ¡;z::¡;z:: c 0 ù: :c u ~ ~ ... .", Cñ ... N Cñ Õ ...J Process III None 0 ft. Possible Process III See notes 1&4. Process I, II, III and IV are described in §§ 22-351 - 22-356, 22.361 - 22-370 22-386-22-411, nul.ìl-22-,(,O,rcspcclil'dy. æ ... ¡;z:: '- 0 ~ - " ..c- C/)U 'ü oS ;:CrJ) v> ... u ~ Co .",rJ) ... C/) .:: c " .- 0-->< ... æ CI::~ Restaurant: I. If approved through process III, the height ofa structure may exceed 35 ft. above average-building elevation to a maximum of I for each 55 ft., if all of the following criteria are met: 100 sq. ft. of a. The additional height is necessary to accommodate the particular use conducted in the building; and gross floor b. The subject property does not adjoin a residential zone; and area. c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; and e. The increased height is consistent with goals & policies for the area of the subject property as established by the comprehensive plan. f 2. Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow. 3. Fast food restaurants must provide one outdoor waste receptacle for every eight parking spaces. 4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential zone. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, Le., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Article XIX. 7. For landscaping requirements that apply to the project, see Article XVII. 8. For sign requirements that apply to the project, see Article XVIII. 9. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 1 g. fer ~emmllRity ¡IJsigR glli¡IJliRIJS IRat a~~ly 19 tll; ~rÐj;çl, SIJIJ Þ rtiçl; XIX. 10. Minor and supporting structures constructed as a functional requirement of golf courses and gol f driving ranges may exceed the applicable height limitation, provided that the director of community development services determines that such structures will not significantly impact adjacent properties. L For other infonnation about parking and parking areas, see § 22-1376 et seq. See notes I Fast food 1,4,& 10. restaurants: I for each 80 sq. ft. ZONE BC SPECIAL REGULATIONS AND NOTES For details of what may exceed this height limil, see § 22-1046 el. seq. For lIelllils regßrllilig required yunls. see § 22.11 J I el sell. (Ord. No. ')0.43, § 2('15.40), 2-27-90; Ord. No. 93-170, § 7(Exh. U), 4-20-93; Ord. No. %-270. § 5, 7-2-%; Ord. No. 97.291, § 3, 4.1-97; Ord. No. 99-333, § 3, 1-19-99) 35 ft. above average building elevation. Otherwise determined on a case- by-case basis. 1\111111 "II'N I\~¡;"',II",,,,". "",10. ^"""""..",.II'"k. IY. Sd"",III,¡.¡",\('""",'¡1 v,..;."..1I1(' s".,¡"". )J. 7< IIY. n.7(01 <1,,<'11 ,,' ",;",.. "<I'7I7"" '" " I'~ 22- 761 Government facility. The following uses shall be permitted in the community business (Be) zone subject to the regulations and notes set forth in this section: rJJ DIRECTIONS: fIRST, read down to find use. .. THEN, across for REGULATIONS ~ Minimums ~ Required Yards 'õ < ~ ..J ~ .~ :;¡ " " "g ""'I::t r,.¡ -.:oè: -5 E" ex: ,,~" '" ::>... .~".~ ~ sa g. .;; ~ g ~ ~ .~ g ~~ j .t ¡;j ~ ::;;ð; USE Government facility, public parks, and transit shelter. Process II INone Possible Process III Government facility: ~ Public parks: Determined on a case-by-case basis Transit shelter: ~. See notes 3 & 6. See note I. Process I, II, III and IV are described in §§ 22-351 - 22-356, 22.361 - 22-370 22-386-22-411, 22-431 - 22-460, respectively. Government facilities: 35 ft. above average building elevation. Public parks: Determined on a case-by-case basis. Transit shelter: IS ft. above average building elevation. See note~ I & 9. <II " " '" c.. -.:or/) " OJ) .~ = ::> .- <:7'.>0( " ~ ex:Q., Determined on a case-by- case basis. USE ZONE CHART ZONE BC SPECIAL REGULA nONS AND NOTES 1. If approved through Process III, the height of a structure may exceed 35 ft. above average building elevation to a maximum of 55 ft., if all of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and b. The subject property does not adjoin a residential zone; and c. Each required yard abutting the structure is increased one n. for each one n. the structure exceeds 35 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; and e. The increased height is consistent with goals & policies for the area of the subject property as established by the comprehensive plan. ' 2. Proposed parks must be consistent with the city's adopted comprehensive park plan. 3. If any portion of a structure on the subject property is within 100 ft. of a residential lone, then that portion oflhe structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential lone. 4. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 5. For community design guidelines that apply to the project, see Article XIX. 6. For landscaping requirements that apply to the project, see Article XVII. 7. For sign requirements that apply to the project, see Article XVlIl. 8. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 9. Minor and supporting structures constructed as a functional reQuirement of public parks may exceed the applicable height limitation, provided that the director of community development services determines that such structures will not significantly impact adjacent properties. For other infonnation about parking and parking areas, see § 22- I 376 et seq. For details of what may exceed this height limit, see § 22-1046 et. seq. For details regarding required yards, see § 22.113 I et seq. (Ord. No. 90-43, § 2(45.92), 2-27-90; Ord. No. 93-170, § 7(Exh. ß), 4-20-93; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 97-291, § 3, 4-1-97) I \1 )()ClIMINI\M....II.."e"", C"de ^",e"dlOle",,\'..,k, Ii< Sch<K>llld.h"\C,,",,cil Vcui"",\IIC Socii"", 22. 7~.1 Ii< 22.7Co1doclL... "rI",od ()~/17/20()1 O.1"¡.1I'M ~ 22-800 Government facility. The following uses shall be pennitted in the city cen<er core (CC-C) zone subject to the regulations and notes set forth in this section: en DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS ~ Minimums ¡: Required Yards ~ ..¡ ~ '" \oJ a:: USE '" '" <> u 0 .."è: ~ ~ .;; .~ 0"> <> <> a:: a:: Government Process I None facility, II public parks, Possible and public Process transit shelter. III See note 1. Process I. II. III and IV are described in §§ 22-351 - 22.356. 22.361 - 22-370 22-386-22.411, 22.431 - 22-460, respectively. <> N i:i5 Õ ..J :c g ~ <> .." i:i5 USE ZONE CHART æ <> a:: .... <> 0 ... .... ::s -§¡õ '0; .s :I: en '" <> u '" Co .."en ~ 1>0 .- C ::s .- g'~ a::ø. ZONE CC-C ;: e u.. Government facilities: 20ft.l°ft. @:K Public parks: Determined on a case-by-case basis. Public transit shelter: ~. See note 1. SPECIAL REGULA nONS AND NOTES 75 it I Determined on a case- See note~ Iby-case and 9. basis. I. The city may, using- process III, modify requíred yard, height,. landscape and buffer and other site design and dimensional requirements for a proposed development that meets the following criteria: a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and b. The proposed development will be consistent with applicable design guidelines; and c. The street, utilities, and other infrastructure in the area are adequate to support the proposed development. 2. Proposed parks must be consistent with the city's adopted comprehensive parks plan. 3. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 4. For community design guidefines that apply to the project, see Article XIx. 5. For landscaping requirements that apply to the project, see Article XVII. 6. For sign requirements that apply to the project, see Article XVIII. 7. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 8. Other retail uses not specifically listed in this zone may be approved by the director of community development services if the proposed use is determined to be consistent with adopted comprehensive plan policies for this zone. 9. Minor and supportinl!. structures constructed as a functional requirement of public parks may exceed the applicable heil!.ht limitation, provided that the director of community development services determines that such structures will not significantly impact adjacent properties. C For other infonnation about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et. seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(50.92), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § S, 7-2-96; Ord. No. 97-291, § 3, 4-1-97) IIDOCUMENlìMiscellancous Code AmendmentsIParks & School Heights\Council Versions\CC-C Section 22-8oo.docILast printed 05/1712001 03:42 PM 22-815 Government facility. The following uses shall be pennitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART rJ) DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS ~ Minimums ¡:: Required Yards < ..¡ ;:;;¡ " ¡.¡ cz: USE Government facility, public parks, and public transit shelter. '" ~ u E! ",Q., ~ :t .- u ::> .- or;> u u iXiX ë E! ..... :c u ., ~ u '" c;:j U N c;:j Õ ..J Process II INone Possible Process III Government facilities: ~ Public parks: Determined on a case-by-case basis. Public transit shelter: ~. See notes I and 3. See note I. Process I, II, III and IV are described in §§ 22-35\ - 22-356, 22-361 - 22-370 22-386-22-411, 22-43] - 22-460, respectively. ~ ~ '- u 0 .. ~ ::> oCt; .~ .s ::I:: <11 '" u u ., c.. ",<11 ~ OJ) .- c ::> .- g'~ iXQ., Determined on a case- by-case basis. ZONE CC-F SPECIAL REGULATIONS AND NOTES I. The city may, using process III, modify required yard, height, landscape and buffer and other site design and dimensional requirements for a proposed development that meets the following criteria: a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and b. The proposed development will be consistent with applicable design guidelines; and c. The street utilities and other infrastructure in the area are adequate to support the proposed development. 2. Proposed parks must be consistent with the city's adopted comprehensive park plan. 3. Ifany portion ofa structure on the subject property is within 100 ft. ofa residential zone, then that portion of the structure shall not exceed ~O ft. above average building elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential zone. 4. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. S. For community design guidelines that apply to the project, see Article XIX. 6. For landscaping requirements that apply to the project, see Article XVII. 7. For sign requirements that apply to the project, see Article XVIII. 8. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject property. 9. Minor and supporting structures constructed as a functional requirement of public parks may exceed the applicable height limitation, provided that the director of community development services detennines that such structures will not significantly impact adjacent properties. C For other information about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et. seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(50.92),2-27-90: Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-96); Ord. No. 97-29\, § 3, 4-1-97) 3S ft. above average building elevation. See notes 1,aA43, and 9. 1/17/200103:42 PM JMENTlMiscelianeous Code Amendments\Parks & School HeightslCouncil VersionslCC-F Section 22-815.docILast r " 22-833 Government facility. The following uses shall be permitted in the office park (OP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART en DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Z 0 Minimums ~ Required Yards oJ '" ;;;¡ ~ " <.) ¡.¡ ;:: IX .",0- ~ ~ .- " :::1.- a> " " ¡;x: ¡;x: " N r;; Õ ....I ¡: 0 .t :c u '" ~ " .", r;; æ " ¡;x: ... " 0 ... - :::I foõ ,j S :I:VJ '" " u '" c.. .",VJ ~ b.O .- C :::1'- a..>o: ~~ ZONE OP USE SPECIAL REGULA nONS AND NOTES Government facility, public parks, and public transit shelter. Process I None II Possible I See note Process 5. III 25 ft. 0 ft. 35 ft. above Determined average on a case. building by-case elevation. basis. See notes I, and 2..and lQ. 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a maximum of 55 ft., ifall of the following criteria are me::, a. The additional height is necessary to accommodate ¡he particular use conducted in the building, and b. The subject property does not adjoin a residential zone; and c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; and e. The increased height is consistent with goals & policies for the area of the subject property as established by the comprehensive plan. 2. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential zone. 3. 20 ft. side and rear yard setbacks required for structures such as offices, conference facilities, storage buildings, day care facilities and cafeterias. No side or rear yard setbacks required for structures such as transit, picnic or other shelters, sports courts, or open amphitheaters, except as specified in note 2, above. 4. Proposed parks must be consistent with the city's adopted comprehensive park plan. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. for community design guidelines that apply to the project, see Article XIX. 7. For landscaping requirements that apply to the project, see Article XVII. 8. for sign requirements that apply to the project, see Article XVIII. 9. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 10. Minor and supporting structures constructed as a functional requirement of public parks may exceed the applicable height limitation, provided that the director of community development services determines that such structures will not . significantly impact adjacent properties. L For other information about parking and parking areas, see § 22-1376 et seq. See note I. Process I, II, III and IV are described in §§ 22-351 - 22-356, 22-361 - 22-370, 22-386-22-411, 22-431 - 22-460 respectively. For details of what may exceed this height limit, see § 22-1046 et. seq. For details regarding required yards, see § 22-1 131 et seQ. (Ord. No. 90-43, § 2(55.37), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-96; Ord.;No. 97-291, § 3, 4-1-97) IIDOCUMENlìMiscelianeou, Code Amendmen...IPark, 8< School Heigh...\Council Version,\OP Section 22.833.doc/Last printed 05/171200103:43 PM 22-870 Government facility. The following uses shall be pennitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART ':!J ¡DIRECTIONS: FIRST, read dOW. n to find use... THEN, across for REGULATIONS ~ I Minimums ¡: I Required Yards 00( ".¡ ;;¡ " ¡.¡¡ cz:: USE '" '" " u 0 ",Q:; ~ ~ .; .~ or> " OJ ~~ Government I Process II I None facility. Possible Process Public transit 1111 shelter and facilities. See note I. Public park and recreation facilities. Process I, II. III and IV are described in §§ 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-411, 22-431 - 22-460, respectively. " N Vi Õ ".¡ ::;: u '" ~ " '" Vi æ " ~ '- OJ 0.. 1:E ODe,) .- :0 ~ð5 Government facilities: 40 ft. above average building elevation 8 '" c.. ",CI1 ~ OD .- C '" .- ¡¡~ ~ø.. Determined on a case- by-case basis. ZONE BP SPECIAL REGULATIONS AND NOTES I. If approved through process III, the height of a government facility may exceed 40 ft. above average building elevation, to a maximum of 55 ft. if all of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and b. The subject property does not adjoin a resiáential zone; and c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; and e. The increased height is consistent with goals and policies for the area of the subject property, as established by the comprehensive plan. 2. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential zone. 3. Proposed parks must be consistent with the city's adopted comprehensive plan. 4. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 5. For community design guidelines that apply to the project, see Article XIX. 6. For landscaping requirements that apply to the project, see Article XVII. 7. For sign requirements that apply to the project, see Article XVIII. 8. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 9. Minor and supporting structures constructed as a functional reQuirement of public parks and public recreation facilities may exceed the applicable height limitation. provided that the director of community development services determines that such structures will not significantly impact adiacent properties. For other infonnation about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et. seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(65.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-9~; Ord. No. 97-291, § 3, 4-1-97) 'C e IJ", Government facilities: ~. Public transit, parks and recreation: Determined on a case-by-case basis. See notes 2 and 6. See note I. Public transit: IS ft. above average building elevation Park & Recreation: Determined on a case-by-case basis. See note~ 2 and 9. ',lMEN1ìMisceilaneous Code AmendmenlSIParks & School Heights\Council VersionslBP Section 22-S70.dociLast pri' '17/20010342 PM FWCC ARTICLE XVII. LANDSCAPING 22-1561 Purpose. The purpose of this article is to: (1) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearances of the city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city. (3) Respond to state-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality. (4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality of landscaping related to all land use in the city. (6) Establish a minimum level of regulation that reflects the purposes of this chapter. (7) Provide for design flexibility. (8) Retain significant trees, a valuable natural resource of the community. (Ord No. 93-170, § 4, 4- 20-93) (9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adjacent uses. 22-1569 No Change. 22-1570 Modification options. (a) Purpose. The purpose of this section is to provide an opportunity for development of exceptional or unique landscape designs whK;.h that do not meet the express terms of FWCC 22-1564 through 22- 1567, and/or flexibility of landscape designs. The director of community development services shall have the authority, consistent with the criteria stated herein, to modify or reduce specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this chapter, and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development services concurrent to submittal the review of a landscape plan. Examples of special conditions might include: (1) Preservation of unique wildlife habitat; (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses. The alternative landscape modifications described in subsections (c) through (f) of this section shall be allowed only if the proposed modification meets the threshold criteria of subsection (b) of this section, in addition to the special criteria of subsections (c) through (f) of this section. In the case of public parks, schools, and public recreational facilities, these uses must meet (1-4) only. 22-1570 (c) => (h) No change. 22-1571 => 22-1595. Reserved. No change. I:IDOCUMENT\Miscellan<ous Code Amendmen.,\Parks & Schooll1ergh"\Councii Vers;ons\Landscaping Code.doc/Last printed 0511712001 03:42 PM STAFF REPORT TO THE PLANNING COMMISSION Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping Federal Way City Code (FWCC) Amendments Planning Commission Meeting of April 4, 2001 I. BACKGROUND A5:, part of its regular review of development regulations and based on direction received from the Land Use & Transportation Committee (LUTC),l Staffhas proposed code amendments to provide for an increase in the maximum height requirements for sports field lighting, flag poles, and other structures such as back stops associated with schools, public parks, golf courses, and golf driving ranges, and to provide for flexibility regarding landscaping requirements specifically for public parks and schools. Text sections of Chapter 22, "Zoning, of the Federal Way City Code (FWCC) regarding review processes is proposed to be amended based on: 1) existing code interpretations by the Director of Community Development; and 2) the need to improve upon the current limitations regarding specific height and landscaping requirements for schools, public parks and recreational facilities, golf courses, and golf driving ranges. This is necessary in order to logically provide for the improvement and addition of structures greater in height than currently allowed by the FWCC that are necessary and mtegral to the subject use, as well as greater latitude in landscaping requirements due to the unique nature and functional requirements of public parks and schools. Currently, structures cannot exceed the current height limit in certain zones, and landscaping requirements for parks and schools do not reflect the unique nature and requirements generally associated with landscaping in parks and schools. At present, a variance process is required to allow for height increases. Staff believes that there should be amendments to the zoning code. Many functional structures in public facilities, such as lighting, bleachers, backstops, etc., exceed the height limit. Currently, a variance must be applied for each time a structure exceeding the height limit is required. This is an unnecessary process for placing a structure that is already an allowed use at these types of facilities. I The Land Use and Transportation Committee (LUTe) is a committee of the City Council charged with the review and approval for forwarding to the City Council the various amendments. EXHIBIT c PAGE I OF <-I The identified uses, public parks and recreational facilities, schools, and golf driving ranges, are allowed in all zones with the exception of the Corporate Park zone (CP). Attached is a draft ordinance that identifies the proposed text amendments to the Zoning Chapter of the FWCC. The draft ordinance has been prepared in "line- in/line-out" format, with strikeouts (proposed deletions) and underline (proposed additions) indicated. II. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, Process VI Review, establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: . To review and evaluate the zoning code text regarding any proposed amendments; . To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, . To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. III. PROCEDURAL SUMMARY The 2000 Planning Commission Work Program was presented to the LUTC on January 10, February 24, and April 17, 2000. At the LUTC's April 17, 2000, meeting the LUTC made a motion to recommend approval to the City Council of the work program, which included heights and landscaping amendmentS under "Miscellaneous Code Amendments". The work program was approved by the City Council at their May 2, 2000, meeting. The proposed text amendments to the zoning chapter of the FWCC involve exclusively land use procedures and do not contain substantive standards respecting use or modification of the environment. Therefore, the proposed text amendments are categorically exempt from the provisions ofthe State Environmental Policy Act (SEPA), pursuant to FWCC Section 18-71. A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft FWCC text amendments regarding development review processes were published, posted, and distributed consistent with code requirements. Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping FWCC Amendments Planning Commission Staff Report Page 2 of 4 EXHIBIT c. -.. II IV. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments regarding landscaping and heights with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. Tlte proposed amendment is consistent witlt the applicabk provisions of tlte Comprehensive plan; The proposed amendment regarding heights and landscaping are consistent with, and substantially implement, the following Federal Way Comprehensive Plan (FWCP) goals and policies: LUG 1 Improve the appearance andfunction of the built environment. LUP 4 Maximize efficiency of the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments will provide greater flexibility in placing minor and/or supporting structures above the current height limit, by eliminating the requirement to go through a costly and time-consuming variance procedure. Landscaping flexibility will promote retaining the natural environment, as well as that environment generally found in parks and schools to a greater degree. The adherence to Crime Prevention Through Environmental Design Standards (CPTED) will promote public safety through coordination of flexible landscaping with crime prevention standards. Additionally, the proposed FWCC text amendments will result in improved review processes, which have a direct relationship to the public health, safety, and welfare. 3. Tlte proposed amendment is in tlte best interest of tlte residents of the city. The proposed FWCC text amendment will improve review processes, resulting in increased efficiency and effectiveness of city resources. Public Park and Recreation Facilities, Schools, GolfCourscs, and Golf Driving Ranges Heights and Landscaping FWCC Amendments Planning Commission Staff Report Page 3 of 4 C 4 EXHIBIT nA 1'-1: ~ ns: V. PLANNING COMMISSION AcrlON Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council for adoption of the FWCC text amendrllents as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council for adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VI. STAFF RECOMMENDATION The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments regarding public facilities heights and landscaping requirements. (If changes occur as a result of Planning Commission deliberations, add, ''...(;is amended by the Planning Commission.") VII. EXHIBITS Exhibit A - Use Zone Charts Amendments Exhibit B - Article XVII, Landscaping Amendments 1:\DOCUMENI\Miscdlaneous Code AmcndmcntslParlcs &. School Hcigbts\FED WAY plcs&.hts STAFF RPT.cIocILast prinC<d 0312&1200\ 09:06 AM Public Park and Recreation Facilities, Schools. Golf Courses, and Golf Driving Ranges Heights and Landscaping FWCC Amendments Planning Commission Staff Report Page 4 of 4 C Lf EXHIBIT P4~S: LJ 01= MEETING DATE: June 5, 2001 ITEM# }r(eL ) ....-...=--..............--..--...----................----.--...-..-...-....--........----......--.--.....--..........-......-----...-.---.......-...................................-.........-....... ......................--.....--...-..-. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: retainage Sacajawea Soccer Field Improvement Project, RFB 00-006, Final approval and approval to release CATEGORY: BUDGET IMP ACT: I:8J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ...........-.......................................................................-....... ................................. ..................................................................................-....... ATTACHMENTS: Committee Action Fonn dated May 7, 2001; Sacajawea Soccer Field Improvement Project, RFB 00- 006, Final approval and approval to release retainage. ...................................... ............................................ ........................................... SUMMARYIBACKGROUND: The Sacajawea Soccer Field Improvement is completed. The project was completed within the budgeted amount of$565,000.00. By accepting final approval of the project and releasing the general contractor of his retainage, staff will be able to submit for the final reimbursement of the State's lAC Grant for this ject. CITY COUNCIL COMMITTEE RECOMMENDATION: Final approval for the Sacajawea Soccer Field Improvement, RFB 00-006 and to release the project retainage for Tydico Inc., of Renton Washington. ...............-................... ........................................... ..............--........................................................................................................................................... ..................................................................................................................................................... .................................._....... ................................................................ PROPOSED MOTION: I move approval of the Sacajawea Soccer Field Improvement, RFB 00-006 and to release the project retainage for Tydico Inc., of Renton Washington. 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 # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ¡ISED - 05/10/2001 Item 5.K CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: May 7, 2001 To: Parks, Recreation, Human Services & Public Safety Council Committee Subject: David Mos e I ana 'V Jon Jainga, Park lanning and Development Manager øJ Sacajawea Soccer Field Improvement Project, RFB l~6, Final Approval and Approval to release retainage. Via: From: Back~round: The Sacajawea Soccer Field Improvement Project, RFB 00-006 is completed. The general contractor Tydico, Inc., of Renton, Washington has completed all the bid specifications of the public works contract. The project was completed within the budgeted amount of $565,000. By accepting final approval of the project and releasing the general contractor of his retainage, staff will be able to submit for the final reimbursement of the State's lAC Grant for this project. Recommendation: Staff recommends final approval for the Sacajawea Soccer Field Improvement, RFB 00-006 and to release the project retainage for Tydico Inc., of Renton, Washington. APPROVAL OF COMMITTEE REPORT: t..-/ MEETING DATE: June 5, 2001 ITEM# Ý (e ) ----- ------------------------------------------- ------------------ ----- ---- -------- ----------------------------------------------------------------- ------------------------------ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Celebration Park Banner Program -------------------------------------------------------- ---------------------------------------------------- --- ----- - ----------------------------------------- ----------------------------------- ------- -------------------------------------------- ------ CATEGORY: BUDGET IMPACT: t8J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -------------------------------- -------------- ----------- ----------- ----------------------- ---- -- -------------- -- --- ---- ------ ------------------- ----------------------------------------- ------------------------- -------------------------------------------------------------------- - --- ATTACHMENTS: Committee Action Form dated May 1,2001; Celebration Park Banner Program/Approval of Banner Designs. SUMMARY/BACKGROUND: On January 16, the City Council approved the Volunteer Agreement between the City and the Friends of Celebration Park (FOFW) to conduct a Banner Program. Per the Volunteer Agreement, there will be five designs. The agreement specifies the banners will be installed when all 35 banners have a donor. The FOFW is required to present five proposed designs to the City Council for approval. The FOFW presented the proposed banner igns on May 14, requesting approval of the five designs and approval to install the banners in two phases. Phase one wIll be installation of 22 banners along 13th Avenue South, Phase two will be installation of 13 banners along the park road. -------------------------------------------------------------------------- ----------------------------- ------------------------------------- --------------------------- ------------------------------------------------------------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: To recommend to full Council a "do pass" to accept the five banner designs as submitted, and to approve installation of the banners in two phases, and to place this item before the Council on June 5, 2001 under consent. ------- ----------------------- - ---- - - -- ------------------------...------- - -------- --- --- ------------------------ - -- - ------------------- ----------------------------------------------- ----------------------------------.--.- -....--.-.- ---.-.. -... -.- -.-.-..-.....-..-.- .---.--- -.-... -.-.........-..- --.--.--- PROPOSED MOTION: I move approval to accept the five banner designs as submitted and to approve installation of the banners in two phases. ...._...__._--...._.-..-._-.-..--..------ ------- - ----- -- - -- -- -- -.----- - ----- --.- - - -- -------- -- - -- - - - --- - --...-.........--- -...--.......-...-..- - _.-.----------------------- -.--- ------.------....-.-....-.--...-..- .---.---...-- .-.----_.-----.------ ---- ------- ----------------.--..- -.-.......... -.-...... - -- ....----.----..-.-.-.------.--.--...-.-.-....-....--..- ---. - --.-...-- CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED --, TABLED/DEFERRED/NO ACTION -' MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Item 5.H PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: May 1, 2001 To: PRHSPS Council Committee ry' From: Via: Subject: Celebration Park Banner Program/Approval of Banner Designs Backl!:round On January 16, the City Council approved the Volunteer Agreement between the City and the Friends of Celebration Park (FOFW) to conduct a Banner Program. The purpose of the banner program is to beautify Celebration Park and raise funds for additional play equipment at the park. Per the Volunteer Agreement there will be five designs: two sports themes, two natural habitat themes and one generic theme. Each banner will cost a donor $3,000. A total of 35 banners are proposed. The banners will be installed on 22 decorative street light standards along 13th A venue South, and on the 13 light standards along the park road that connects to 9th Avenue South. The agreement specifies the banners will be installed when all 35 banners have a donor. To date, the FOFW have seven contracts completed and approximately seven additional donors ready to sign on this month. The FOFW is required to present five proposed designs to the City Council for approval. The FOFW will present the proposed banner designs on May 14, requesting approval of the five designs and approval to install the first 22 donor funded banners. Action Request . Approve Banner Designs. . Install Banners in two phases. Phase one will be installation of 22 banners along 13th Avenue South, Phase two will be installation of 13 banners along the park road. Parks Commission The FOFW presented the five banner designs to the Commission on May 3, 2001. The Commission passed a motion to recommend approval of the banner designs presented. Committee Recommendation To recommend to full Council a "do pass" to accept the five banner designs as submitted and to approve installation of the banners in two phases, and to place this item before the Council on June 5, 2001 under consent. ,,~'ø~ J..O/.o' ......?..//ê7 /... -:>? /~~tÝ /... ¿/' Ø/¡{//. ."~.7/- v -y. ,-- Committee Member APPROVAL BY COMMITTEE: MEETING DATE: June 5, 2001 ITEM# JJ. (.p) -...- -------......-...--......-...--...-----......--------------...----...---...---",--""""'----"'--"'-"'---------"'--"'---"'-"'-"'------"'--"""-------"'---- ---------"'-------"'-"'----"'-"""------- -------"'-----"'--------------"'---------"""--"""---"'--------------.........-...------......--...... ----- -------...--......-......-----...---...--...-------------...---...--...-- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Parks Commission 2001/2002 Work Plan CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -----...---------......-...-------- -------...-------------...-----...-...-----......---...--......---...--...---"'------- -------",--"""------"'----"""---"'-----"""--"'----"'---"'------------...-----...--...--...------...---------...- -...-------...-......----......-..._-...------- -------......------...---...---...-...---------......---------...---...-------"'---"'---"'---"'-"'-------"'------"'--"'--"'-----"'--"""-"""-...-------- ......-...----...--...--...---------......-...--......- ATTACHMENTS: Committee Action Fonn dated April 19, 2001; Parks Commission 2001/2002 Work Plan. -------...--------...-----......-...-----------...-----......------- SUMMARYIBACKGROUND: At their April 5 meeting, the Parks Commission identified their current and upcoming projects and planning issues that will fonn the basis of their work plan for the remainder of 200 1 and into 2002. The Parks Commission passed a motion to forward to Council their work plan. ------...------------...-...--...-- -------...--...-----------...-...----------------------...--------...--...-- fY COUNCIL COMMITTEE RECOMMENDATION: On May 14,2001, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion authorizing the Parks Commission to implement the 2001/2002 work plan as submitted, and to place this item before full Council on June 5, under consent. -------...--------...------------......------- -------...--......-------...-...----------...------- -------...---------...------...------- -------...-----------...-------...----------...--...------......------- -------...-----------......----------...------...------- PROPOSED MOTION: I move approval of the Parks Commission 2001/2002 Work Plan as submitted. -------",-----------"'-----"'-----"'--------"'---- --......---------...------......-----------...-...------------...-...---------...--------...-------------------...--------.............. .-.-.--...-------.......-........---.-.-........-.--..-...-.........-.....-.--. ......-...-..-..--.....--...............--.-.......--....--...................................-..-.-.----...---...---. .............-.-...---------.-.................... CITY MANAGER APPROV AL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDillEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST d. rea mg Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 Item 5.1 PARKS, RECREA nON AND CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: April 19,2001 To: From: Via: Subject: PRHSPS Council Committee ~~ David Mosele Backe:round At their April 5th meeting, the Parks Commission identified their current and upcoming projects and planning issues that will fonn the basis of their work plan for the remainder of 200 I and into 2002. The Parks Commission passed a motion to forward to Council the following work plan for approval. These work items are not listed in priority. It is acknowledged that some items are ongoing, where others will be completed within the year. 1. The proposed work plan is as follows: Revise Park Rules/Ordinance . The current park rules were adopted in 1990. The Commission will work with staff to review the park rules and forward recommendations that will support enforcement of non-approved use and activity in the parks and park facility's. For example, a new activity that will need to be addressed in the ordinance is the Skate Park 2. Develop Criteria for Evaluating Acquisitions . In order to fully evaluate the purchase or acceptance of property for parks purposes, the Commission recommends developing measurable criteria to consistently evaluate consideration of property for acquisition. 3. Impact Fee Ordinance . Park comprehensive plan recommends the City to consider a Park Impact Fee on new development. The Park Commission will review and analyze the pros and cons of imposing a park impact fee and forward a recommendation on this alternative funding mechanism. 4. Heritage Woods Play Area 5. PartnershitJs . City Council approved funding for a new play area at the Heritage Woods Neighborhood Park. The Commission will hold a public meeting to solicit the community's interest for placement and selection of play equipment. . In 2001, the City Council adopted a process to follow when considering PubliclPrivate partnerships involving park property. The Parks Commission is directed by Council to forward recommendations regarding such proposals. Although, there is no fonnal request submitted to the city at this time, listing this item on the work plan reminds the Commission of their role and responsibility in reviewing proposed public/private partnerships. 6. Update Parks Six Year CIP . Updating the Parks six year CIP is an ongoing activity by the Parks Commission. Parks Commission will annually prioritize the CIP list for funding consideration. 7. Evaluate Existing Parks Properties to Accommodate more Fields . Council Committee requested the Commission review existing park properties for the potential to accommodate athletic play fields. 8. Identify Potential Areas for Neighborhood Parks . Since incorporation, providing neighborhood parks throughout the City has been a priority of the City Council and supported by citizen survey. The Parks Commission will review and identify areas within the City that lack reasonable access to neighborhood parks. 9. Update Parks. Recreation and ()Pen Space Comprehensive Plan . The comprehensive plan standards are based on total population. With the new census records, the comprehensive plan will need to be updated to reflect the current population figures. Committee Recommendation: To recommend to full Council a "do pass" to accept the Parks Commissions 2001/2002 work plan as submitted, and to place this item before the full Council on May 15,2001 under consent. fJ~'. ommittee Chair Committee Member APPROVAL BY COMMITTEE: June 5, 2001 ITEM# -sJ- ~ MEETING DATE: --------------------- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001 Human Services Commission Work Plan --------------------------------- - CATEGORY: ~ CONSENT D ORDINANCE D BUSINESS D HEARING D FYI D RESOLUTION D STAFF REPORT D PROCLAMATION D STUDY SESSION D OTHER Amount Budgeted: Expenditure Amt.: Contingency Reqd: $N/A $ $ -------------------------------- ------------------------------ ---------------------------______mm______---------------------------------------------------------------------------------------------- ------------------ A TT ACHMENTS: Memo to the Parks, Recreation, Human Services and Public Safety (PRHSPS) Committee dated May 7,2001. -------------------------------------------------------------- - - -- m_m -------.-------.-.--..----.-.-.--.---.-..-..-.--.---------------.--.----.-------------------------------- ------'---'--"-----'- SUMMARY I BACKGROUND: The Human Services Commission finalized their proposed 2001 work plan at their April 16, 2001 meeting. The plan is consistent with the Commission's roles and responsibilites as defined in City ordinance #90-72. Highlights of the plan include: learning more about current human services needs <U1d gaps in the human services system, conducting the 2002 Community Development Block Grant allocation Jcess and mid-biennium review of 2001-02 Human Services general fund contracts, and developing partnerships with service clubs, churches, human services agencies, and other community organizations. _--_.._m_.- m- "-""--""" - ..mm_m,,_"_m"m - -.....-....--..--..-- -..-...-......-.....----.-..--.-..-._..--___m_..-m_m_m --..-- -..---.-..-....--....---- --.._mm--_"___-------" ..-_.._....--m--_m--m_ m___'- ------..-----------....--------------- CITY COUNCIL COMMITTEE RECOMMENDATIONS: The PRHSPS Committee reviewed the 2001 Human Services Commission work plan at their May 14, 2001 meeting. The Committee voted unanimously to recommend approval of the work plan as proposed by the Commission. ..--- ..m--_...._..--..-.---.__.._m_-_---_--_.._m..--.._....--..m__.._m""_"m___--...--.--- ---..-----....------.-..----..--------------. -..--....-..----..--..-.--..-..-----..--------- CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommentdation to approve the Human Services Commission's 2001 Work Plan. ----........---..---------____....m----.._.._---..--..--....-..._...._--.m._--..-----.----..--------..---------..--.._____m_.."_----,,--"---'------______m__----..---._.__..m.._--_.._mm_"""_"-----'--- -"--"-------'-------------- APPROVED FOR INCLUSION IN COUNCIL ~ PACKET: I (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED , DENIED ~ T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1ST READING ORDINANCE # RESOLUTION # Item 5.A CITY OF FEDERAL WAY CITY COUNCil PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: May 7, 2001 Richard Be' Human Services Commission David Mosele, I anager 2001 Human rvices Commission Work Plan Background The Human Services Commission finalized their proposed 2001 work plan on April 16, 2001. The plan is consistent with the Commission's roles and responsibilities as defined in City ordinance #90-72 (see below). The work plan is submitted for Committee approval. I will be at your May 14, 2001 meeting to present the work plan and answer any questions you may have about the plan. Human Services Commission Roles and Responsibilities The Human Services Commission shall make reports and recommendations to the City Council and City Manager concerning human services issues. Specific duties include: 1. 2. 3. 4. 5. Develop and assess human services in the City; Determine priorities of human services needs in the City; Evaluate and make recommendations on funding requests submitted to the City; Evaluate and review performance of individual human service agencies; Review City actions which may affect the availability and quality of human service delivery in the City and; Coordinate with other groups and human services planning agencies and organizations. 6. 2001 Human Services Commission Work Plan This year, the Commission delayed the development of the work plan until March and April, so that the new Commissioners, appointed on February 20, 2001, could be involved in creating the plan. Also for the first time this year, the Commission identified who would take the lead on each of the projects. The plan below outlines the 2001 projects and the lead Commissioner or staff for each project. 1. Learn more about current human services needs and identify gaps in the human services system. lead: Commissioners Karen Pettingell, Jon Schmick, Don Putman, Dave Baker . Review available 2000 Census data and other reports relating to human services, . Panel presentation from community providers including the City's Public Safety Department and Department of Social and Health Services and/or; . Host a community forum to gather information from citizens, churches, providers, and others regarding human services needs in Federal Way. 2. Learn about sub-regional human services planning efforts. lead: Staff 1 @ . Presentation on the South King County Regional Domestic Violence Service System Plan Update on the work of the South King County Human Services Forum . 3. Review the performance of contracted agencies (Human Services and Community Development Block Grant - CDBG) on a quarterly basis. lead: Staff 4. The Commission will review the list of 2001-02 human services and CDBG funded agencies and identify those they would like to hear presentations from this year. Possible criteria for selecting presenters includes: agencies or programs that have received City funding for the first time in 2001, agencies that have recently gone through transitions or had contract performance problems, and agencies that receive a higher level of City funding. lead: Staff 5. Tour human services agencies funded by the City. Commissioners will sign up to visit the 34 programs funded by the City. Each Commissioner will visit at least two programs and report back to the Commission by October 15, 2001. lead: All Commissioners 6. Conduct the 2002 Community Development Block Grant (CDBG) allocations process and prepare recommendations for the Council. This includes review of the 2002 CDBG Pass- Through Acceptance form and estimated funding available, review and evaluation of applications, applicant interviews, deliberations, recommendations to the City Council, and evaluation of the process. lead: Staff 7. Conduct a mid-biennium review of agencies that received 2001-02 Human Services General Funding. Evaluate the performance of contracted agencies and make recommendations to the City Council for any changes to the 2002 funding. lead: Staff 8. Develop partnerships with service clubs, churches, human services agencies, Federal Way Public Schools and the Greater Federal Way Chamber of Commerce to increase coordination and collaboration around human services issues. lead: Commissioners Dave larson, Dave Baker, Julie A. Grant, and Keri Newport . Explore the implementation of a human services telethon on the City's cable channel with the City Council and staff. . Consider using the City's cable channel to promote human services programs funded by the City by showing agency videos on the channel. Committee Recommendation Move to approve the Human Services Commission's 2001 work plan, as proposed by the Commission and forward to the full Council for approval on June 5, 2001. 2. Move to approve the Human Services Commission's 2001 work plan as amended by the Committee and forward to the full Council for appro I on June 5, 2001. 2 - ~~~~..~A.~.~...~.~.!l...~..??...~~~}.........................._....._....._.............................................!!!~t!. .-y: (h) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Addition to Planning Commission Work Program- ... J~: .~. !!.:~ ~.~.~ ~ !!!!~.~.~~~. ..~. ~!!.~ ~ ~... ~~..~g.!!!...~!..~~~.. .!.~ ~..~~ ............... ..................... ................ .............. ........ ......... ....... ...... ..................... .............. CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FÐ OTHER .......................................................... ....."'.........""..."'.."...."............""."."'."""......................................................................................."""""'....."'."'...."'..."""...."'."""""""'.".".""'....... "."".......................................................................................................................... ATTACHMENTS: May 1,2001 Memorandum to the Land Use/Transportation Committee .."........"........"",....."..."""....""""....."",.."...........................................................................................".."."""..""..".....",...."",......"""....",.",....",. ..................................................................................................................................... SUMMARYIBACKGROUND: City staff are recommending revising the Plamring Commission Work program to include a code amendment to provide relief trom the non-conformances created by the City through right of way acquisition unless the property is redeveloping 75% of the value of the improvements. ....................................................................................."."."."."...".."",..."........"..",..""""",."""...""..",.......................................................... .............................................................................................................................""""'."."'" CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC recommends amending the Planning Commission Work Program to accommodate the staff recommended code amendment. ................................................................................................................................................................................................"...""" .."..""."'...""'.""'..........""...........""".."."............................................................................................... CITY MANAGER RECOMMENDATION: Motion to approve the LUTC's recommendation. ....................................................................................................................................................................."..-""...",..."-..""....",.."",.". ."".."",...."..""....,,......".""."...."...."..""""..""'.."..""""..."......"'."'."""".................................. APPROVED FOR INCLUSION IN CO UN CIL PACKET : ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # 1:\01 COMPPLAN\CC AGENDA COVER SHEET ON SELECTION PROCESS.doc/05/23/2001 2:58 PM CITY OF .. ~ . ~ ~......~~ ~ ~ - - - - - -==-- -==.II ~ '-- ~~ RY" CITY HALL 33530 1 st Way South PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 MEMORANDUM FROM: land Use and Transportation Committee Kathy McClung, Director of Community Development Services '~ Cary Roe, Director 0 ublic Works t?~ TO: VIA: DATE: May 1, 2001 SUBJECf: Code Amendment- Creating Non-conformances Through Right of Way Take Development non-conformances are often created when the City purchases land to expand public right of way. Building setback, parking, landscaping, and sign setback requirements are often impacted by the new property line. The current Code language requires that a property owner remedy the non-conformances at the time of any building expansion or if the property improvements exceed 15% of the value of the improvements. This has become an increasing concern for property owners who must meet the existing requirements should they make changes to their buildings or site in the future. The City Code does not currently provide property owners relief for this situation without going through a lengthy and costly process of securing a variance. This issue makes it difficult to reach agreement during the property negotiation stage of a construction project. Marwan Salloum, Street Systems Manager has identified 25% of the properties in the Phase 1 Pacific Highway project having non-conformance issues as barriers to property negotiation. The staff recommendation is to revise the non-conformance chapter to include relief from the non-conformances created by the City through right of way acquisition unless the property is redeveloping 75% of the value of the improvements. Committee Action Required: Recommend approval to the full Council to add to the Planning Commission work program for this year. I:\Working Documents\LUTC PW Non-Conformances Code Amendment Memo.doc MEETING DATE: June 5, 2001 ITEM# Tl (¡) ---------_..._...-..._-_..._------ --------------..._------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Request for Purchasing Authority - Holsters and Firearms CATEGORY: BUDGET IMPACT: ~ 0 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ...---------...-...-------------------------------- ...-------------...---...---... ------_..._---_..._------------------_..._---------------------...----------------------- ------------------...---- -----------...----------------...-----_..._-...--_..._......_--------_... ATTACHMENTS: Memo from Chief Kirkpatrick to the Parks, Recreation, Human Services and Public Safety Committee regarding the request to purchase holsters, magazine/handcuff cases and firearms. ------...---------...-----...------ -- ------_..._-------------------------- SUMMARY/BACKGROUND: The current holster issued to uniformed personnel provides limited retention capability in the event the holster is unsnapped. Replacement of the holster is a safety issue for personnel to keep their firearms secured in the holster and to provide protection from suspects who attempt to remove a firearm from an officer's holster. H.l)[ that reason, the Federal Way Department of Public Safety requests authorization to expend funds to change holsters Department issued firearms for commissioned personnel. The Department recommends transitioning from the issued Beretta 92F 9mm and Beretta 84F .380 weapons to the Glock series of semi-automatic firearms. Commissioned officers will be able to choose from five (5) different firearms in either the 9mm, .40, or .45 caliber models. A policy change and transition to the Glock series of weapons offers the following benefits: Different size and caliber of weapons offered to commissioned personnel to meet individual officer needs and preferences. Consistent functionality, training, and operation of all Department issued weapons carried in uniform and non- uniform assignments. Elimination of the opposing pistol systems currently experienced with the Beretta 92F and 84F weapons. Glock weapons offer a decocking system that is more fail-safe and less susceptible to operator error. Elimination of the Beretta 84F .380 as a Department issued non-uniform duty weapon. Training, accountability, and maintenance are enhanced by reducing the number of Department issued firearms for uniform and non-uniform use from 146 to 105. The recommended change in holsters, magazine/handcuff cases and firearms will occur at the same time reducing costs substantially if either change were made separately. The transition of holsters and firearms would be incorporated into the Department's Firearms Training Program. The cost (less Beretta trade-ins) of the holsters, magazine/handcuff cases and firearms will be $33,149.72. The costs will covered by the Drug Forfeiture Fund $18,006.94; the LLEBG 99 Award; $9,042.91; and the Federal Forfeiture Budget; ,,099.87. For cost detail by item, refer to the table in the attached memo from the Chief to the Parks, Recreation, Human Services and Public Safety Committee. ......------------------- --- -----------------------------------------------------------------------------------...-- ------------------------------ ---------_..._------------------ CITY COUNCIL COMMITTEE RECOMMENDATION: At the May 14,2001 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed request to purchase the Glocks, holsters, and magazine/handcuff cases in the amount of$33,149.72 with the following identified funding sources, Drug Forfeiture; $18,006.94, LLEBG 99 Award; $9,042.91, and Federal Forfeiture Budget; $6,099.87, be forwarded to full Council for consideration at its June 5, 2001 meeting. -.-..-.-...-------------.---.----- -.--.-.. .--..-..--.......-.....---....------.-...'-- .-.......-...---- ",-----'-'-'-"""-'-""""-""-""" PROPOSED MOTION: I move approval of the purchase of firearms, holsters and magazine/handcuff cases. .___.__m__.___-"---'-'-----------"---------'------"------------..-........-.......----.--..--.----'---"--'-----'-----.-...--.-...------...-..--....... CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 Item 5.B City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: May 14, 2001 To: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of Police 9- {- t:, David ~anager Request for Purchasing Authority - Holsters, and Firearms From: Via: Subject: Back~round: The current holster issued to unifonned personnel provides limited retention capability in the event the holster is unsnapped. Replacement of the holster is a safety issue for personnel to keep their firearms secured in the holster and to provide protection from suspects who attempt to remove a firearm from an officer's holster. For that reason, the Federal Way Department of Public Safety requests authorization to expend funds to change holsters and Department issued firearms for commissioned personnel. The Department recommends transitioning from the issued Beretta 92F 9mm and Beretta 84F .380 weapons to the Glock series of semi-automatic firearms. Commissioned officers will be able to choose from five (5) different firearms in either the 9mm, .40, or .45 caliber models. A policy change and transition to the Glock series of weapons offers the following benefits: . Different size and caliber of weapons offered to commissioned personnel to meet individual officer needs and preferences. . Consistent functionality, training, and operation of all Department issued weapons carried in unifonn and non-unifonn assignments. . Elimination of the opposing pistol systems currently experienced with the Beretta 92F and 84F weapons. Glock weapons offer a decocking system that is more fail-safe and less susceptible to operator error. . Elimination of the Beretta 84F .380 as a Department issued non-unifonn duty weapon. . Training, accountability, and maintenance are enhanced by reducing the number of Department issued firearms for uniform and non-uniform use from 146 to 105. i/lc/agendalps/200 1 /05140 1 /holstersandglocks Parks, Recreation, Human Services & Public Safety Council Committee May 14,2001 Page 2 of 2 Holsters and firearms will be financed in the following manner: .1 ~...,;:y.<~.......:'ti;+:;::~~~.'." :""~..'.".~.~.:'.'c¿7~'...:.:. ..r~.'ø. ¡;;'t~~::.<.'~. "'.? ¿i;. ~¡i~.:-.'.j;.i?~F..' '~.". '.:'W;¡;:';,~:;;:rz;¡ if;. i~'~.j,' f;~'¥1i.i ..~~1.' ..~.:.I;~ '.j I ~':t>.þ.?J ~I\.:~t. . . ..., ~~q.¡.1\ ~.~JÀ\.~."j(:. 1;:,,~\"7Jþ-..¡~;L '.".A.. .J....). .. ...~,,/ 11 Glocks; 9mm or 40 cal Glocks; 45 cal Less Beretta Trade-ins 86 22 146 426.00 476.00 (225.00) 36,636.00 10,472.00 (32,850.00) The recommended change in holsters and firearms will occur at the same time reducing costs substantially if either change were made separately. The transition of holsters and firearms would be incorporated into the Department's Firearms Training Program. Committee Recommendation: Motion to approve this request to purchase the Glocks, holsters, and cases in the amount of $33,149.72 with the following identified funding sources, Drug Forfeiture; $18,006.94, LLEBG 99 Award; $9,042.91, and Federal Forfeiture Budget; $6,099.87, and forward to full Council for consideration at its June 5, 2001 meeting. , .. :??/:;1'¿.. '.' L//~;/ . ~~~ é'ó~mittee Member' i/lc/agendalps/200 1 /05140 l/holstersandglocks ~.~ ~.!! .~.~- ~ ~!..!~....J~.~..?~.. ~?~ .~.................._... -"""""'-""""""""" -............. .... ..!!_~~~........._~..çJ....2...............................""-'" .--............. .........-- ...... ... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Pacific Highway South HOV Lanes Phase II Project (S 324th to S 340th Street) - 30% .. ...~.!.~ .!~.~.. .!!~P..~. ~!... ...................... ............. """""" .... ...... .............................................-.. ......... ...... -. - ............... ........ ..............-................. ..... """""-"" ....... ........... ..................... """""""""""""""""""" -............ ............. CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... .....""""""-........-..................................""""""""""""""-"""""""""........................................................ A TT ACHMENTS: Memorandum to the Land Use and Transportation Committee dated May 21, 2001 ....................................................................................................................................................................................................... .......................................................................................................................-.............................................. SUMMARYIBACKGROUND: The Pacific Highway South HOV Lanes Phase II - South 324th Street to South 340th Street Widening Improvement Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, restricting left turn movements to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. On average, more than 40,000 vehicles a 1ay use this section of Pacific Highway, which operates over capacity. From 1997 through 1999, there were 246 lccidents in this section with 82 accidents having one or more injuries. No fatalities occurred during this period. Currently, the project design is approximately 30% complete, which includes the topographical surveys; The geo-technical investigation; the Environmental Site Assessment (ESA) Phase I; SEP A, NEP A and biological assessment submittals; channelization plans and project design to 30%. The first open house for the project was held on March 7, 2001. Ongoing tasks include the Environmental Site Assessment (ESA) Phase II; SEP A, NEP A and biological assessment determination and project permitting; driveway consolidation studies; the Value Engineering study scheduled for July 30, 2001; right of way requirements (property appraisals, negotiation and acquisition); and project design to 85%. The project currently has a budget shortfall of $2,085,162. See the attached LUTC memorandum for the project expenditures and available funding. Staff is not requesting a budget adjustment for this project at this time. The project budget is presented only for your information and tracking purposes. As we proceed with the project design and right of way acquisitions process the total project costs will be refined and presented to committee and Council at the 85% design completion status report for further action. ....................................................................................................................................................................................................... .........................."""""""""""""""""""""""""""""""""""""""""""""""""""'".................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 21, 2001 meeting the Land Use and Transportation Committee made the following recommendation: Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase II - South 324th Street to South 340th Street Widening Improvement Project and return to the LUTC Committee at the 85% design completion stage for further reports and authorization. .............-.......,...-............................."",...",.."",.",.",.....,.."..""""""'.."""""".."'...."""'.."."'.."'....""".,."".."."""...",...",......".",..",......"..".."""."................. ...................................................................................................................... CITY MANAGER RECOMMENDATION: Motion to authorize staff to proceed with design of the Pacific Highway South HOY Lanes Phase n - South 324th Street to South 340th Street Widening Improvement Project and return to the LUTC Committee at the 85% design completion stage for further reports and authorization. ..................-...........................................................................................................................................,"""'."""""."""""""."'.."..""""'.."."."". "".""'" ................... .....................................................................................".................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: k:\council\agdbills\200 I \pacific hwy hoy ph ii 30%.doc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # _APPROVED DENIED TABLED/DEFERRED/NO ACTION DATE: TO: FROM: VIA: SUBJECT: May 21,2001 Dean McColgan, Chair Land Use and Transportation Committee \ ~ - Marwan Salloum, Street Systems Manager ~ David H. MOSe~anager Pacific Highway South HOV Lanes Phase II Project (S 3241b to S 340tb Street) - 30% Status Report BACKGROUND: The Pacific Highway South HOV Lanes Phase n - South 324th Street to South 340th Street Widening Improvement Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, restricting left turn movements to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 40,000 vehicles a day use this section of Pacific Highway, which operates over capacity. From 1997 through 1999, there were 246 accidents in this section with 82 accidents having one or more injuries. No fatalities occurred during this period. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: . The Topographical Surveys The Geotechnical Investigation The Environmental Site Assessment (ESA) Phase I SEP A, NEP A and Biological Assessment submittals Channelization plans Project Design to 30% First Open House for the Project was held on March 7, 2001 . . . . . . Ongoing Tasks Include: It . Environmental Site Assessment (ESA) Phase II SEP A, NEP A and Biological Assessment Detennination and Project Permitting Driveway Consolidation Studies Value Engineering study scheduled for July 30,2001 Right of Way Requirements (property Appraisals, Negotiation, and Acquisition) Project Design to 85% . . . . . PROJECT EXPENDITURES: Planning and Design Right of Way Acquisition Year 2002 Construction 30% Construction Contingency Construction Management Underground Conversion (pSE & US West) TOTAL PROJECT COSTS $1,027,720 4,093,000 5,500,000 1,650,000 800,000 600,000 $13,670,720 AVAILABLE FUNDING: Total Grant Funding Mitigation Fund Transfer in Street CIP Fund Budgeted City Fund (Year 2002) TOTAL AVAILABLE BUDGET $9,520,555 730,003 500,000 835,000 $11,585,558 TIA $6,210,400, TPP $1,500,000, STPUL$l,OOO,OOO, WSDOT$810,155 PROJECT BUDGET SHORTFALL -$2,085,162 Staff is not requesting a budget adjustment for this project at this time. The project budget is presented only for your information and tracking purposes. As we proceed with the project design and right of way acquisitions process the total project costs will be refined and presented to committee and Council at the 85% design completion status report for further action. RECOMMENDATION: Staff recommends placing the following item on the June 5, 2001 Council consent agenda: Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase II - South 324th Street to South 340th Street Widening Improvement Project and return to the LUTC Committee at the 85% design completion stage for further reports and authorization. MS:jlf cc: Project File Day File k:\Iutc\2001\pacific highway phase ii, 30%.doc MEETING DATE: June 5, 2001 ITEM# § -------------------------------------------------------------------------------------------------_.._----------..------...------------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Voluntary Development Agreement with Franciscan Health System ("St. Francis Hospital") ------------------ - ---- --------- -----..._----..- - -- -------------- - - - ----- - --- --...-------... -------------------------------... - --- -- ---------------- --...----- --------------- - ---- ----------- --- --------...-- - - ------- --------------------------- --------..-...--...--...-...------,-----------,--- CATEGORY: 0 CONSENT [g RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: D ORDINANCE [g PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ....--....-..,-....-....,-......,......-,......-......,..-, ....-..........---....-....- ....--........-..........---- - - ......-....- ........-..-............--..-,.......,..... ........ - ....- ......- ----..- -...._,_.... ......... --.... ...._--,--_..,- ...........,.......--..--.....-...---..--- ATTACHMENTS: May 21, 2001, Land Use and Transportation Committee Memorandum, draft resolution, and draft Voluntary Development Agreement ....-----....--......-..,......-.. -""-"---....--,........-..,....-..-......-....-------....-,--....-.. """"'---"-"----'---"--"-"""'...."" SUMMARYIBACKGROUND: The City has the authority under SEPA, RCW 36.70B.170-.21O, and RCW 82.02.020 to enter into development agreements to delineate mitigation that will be required as part of a Project, including dedication of property and payments for the cost of road construction to mitigate traffic impacts. St. Francis Hospital proposes to build a new Ambulatory Services Center with related parking, and would likely be required to dedicate property and/or eonstruct street frontage improvrnents as conditions of approval of the Ambulatory Services Center. In particular, the City Ie and Comprehensive Plan would likely call for St. Francis to construct all or a substantial portion of a new road, in toe vicinity of S. 344th, connecting 9th Avenue South and 1 st Way South. St. Francis desires to enter into a development agreement to set forth the specific requirements concerning dedication of property and pro rata share payment for the new S. 344th Street, and for off-site mitigation for traffic impacts from the Ambulatory Services Center and potential other future development on the St. Francis property. St. Francis also seeks to have the development agreement replace an outdated, earlierresolution, Resolution No. 92-101, on the same subject. The Public Works Director, the City Attorney, and other staff negotiated a proposed agreement with St. Francis, which is attached, along with a draft resolution authorizing the City Manager to sign the development agreement and repealing Resolution No. 92-101. The May 21, 2001 memorandum to the Land Use and Transportation Committee summarizes the particulars of the draft agreement. ....- ........-........... -...... - ............- -..-.......... - ...-..-...._.. ..-.. -......--..-- -- """"'--""""'-"""""'-"--- ....- ......---..---- -.......-.. ,........,..-......-....., _..,..,..,--- -....-.......-........-...... .... ---........-....--..--------....----,-----....-...................,..-- ..,.....,..,.._-,----------- -..----..-..-,---........--.....-- CITY COUNCIL COMMITTEE RECOMMENDATION: On May 21,2001, the LUTC recommended forwarding the Voluntary Development Agreement with Franciscan Health System to the full Council for approval. .. ...., -,..-..-..,-- ..,_..,..- ..,..........,..,..,.....-....-..--......-..--..---..,....,....-....- ......,................-- ........--- -..--....--..-..-- ......-....................... ......-......- - ......-...... - --....--.... ----.... ---.. ....- - ..---...-..-..--... ..-.. ---.. -.. ..-....-.. -.. -.......-......-............- ......,......--,........,-......,..,............ - ---..- -- -,.._-,-_..... PROPOSED MOTION: "I move approval of the resolution to authorize the City Manager to sign the Voluntary Development Agreement with Franciscan Health System and repeal Resolution No. 92-101." ~;;~~~~ :~~~~~_.. -~ . ..-.....-... . ...-. ... . - -.-.-.....- -.......--.------- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) JUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDIDEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: May 14, 2001 TO: SUBJECT: Land Use and Transportation Committee Bob C~, City Attorney David MO~ger Voluntary Development Agreement with Franciscan Health System ("St. Francis Hospital") Regarding Extension of South 344th Street FROM: VIA: I. BACKGROUND Franciscan Health System (FHS) owns and operates St. Francis Hospital located at 34515 9th Avenue South, Federal Way, Washington. The building in which the hospital is situated and two nearby medical office buildings make up an integrated medical complex, referred to in this memo as the "Campus Property". FHS also owns an undeveloped five-acre parcel that abuts the western boundary ofthe Campus Property. On January 22, 1992, the Hearing Examiner issued a Recommendation for Approval of a Binding Site Plan for a 13,400 square foot expansion ofthe 113,206 square foot hospital building. The Hearing Examiner recommended that FHS enter into a written agreement with the City to contribute a pro rata share to the cost of constructing South 344th Street between 1st Avenue South and 9th Avenue South, that FHS commit to dedicate up to thirty feet of public street right-of-way and appropriate intersection radii along the north boundary ofthe site at the time ofthe final design of South 344th, and that the actual extent of the needed right-of-way be determined by a traffic study. FHS appealed the detennination ofthe Hearing Examiner, and on March 17, 1992, the Federal Way City Council enacted Resolution No. 92-101. The conditions imposed by the Council are: (I) FHS agrees to dedicate to the City of Federal Way right-of-way to build 344th Street to City standards, with standard width of a street under City standards at that time being sixty feet in width; (2) FHS will dedicate up to thirty feet of right-of-way to the City to build 344th Street to City standards; (3) the dedication may be less than thirty feet depending upon how much land the U.S. Government (the owner of the property to the north ofthe Campus Property) dedicates; (4) FHS is not required to K: \St. Francis\correspondence\HFCR5140 1 dedicate until a commitment by the U.S. Government to dedicate such right-of-way; and (5) the level of FRS's financial participation in the roadway construction will be deferred and combined with the SEP A review for the next development application for the Campus Property. There was no appeal of Resolution 92-101, the 1992 Binding Site Plan was recorded, and the proposed expansion of the hospital building was constructed by FRS in 1992. On January 19, 1994, the Rearing Examiner issued a Recommendation for Approval of a modification of the 1992 Binding Site Plan for the construction of a 51,353 square foot medical office building at the northeast comer of the Campus Property. At that time the U.S. Government was not prepared to dedicate any land for a street right-of- way and there was no final design of an extension of South 344 th Street, and as a result, the city did not require FRS to dedicate any land for such an extension. There was no appeal of the Recommendation, and the medical office building was constructed in 1995. FRS is currently proposing to construct a 62,000 square-foot Ambulatory Services Center with related parking on the Campus Property. At this time the U.S. Government is not prepared to dedicate any land for a street right-of-way, no traffic study has yet been perfonned to detennine the extent of the needed right-of-way, and there is no final design of such an extension. Application of City Code requirements to the development would, however, call for dedication of property and construction of frontage improvements along the northern boundary of the Campus Property. Further, SEP A review of the proposed development is under way, and the precise level of traffic impacts ftom the development, and mitigation for those impacts, would typically be identified during that process. In order to expedite the approval ofthe proposed Ambulatory Services Center, and to avoid the need to construct frontage improvements at this time, FRS is willing to enter into a voluntary development agreement that provides for the future dedication of the north thirty (30) feet of the Campus Property and of the Undeveloped Parcel and that establishes the tenns and conditions under which FRS will make payments of its pro rata share of the costs of the construction of an extension of South 344th Street South between 1 5t Avenue South and 9th Avenue South, provided that Resolution No. 92-101 is rescinded. The City has authority under SEP A, RCW 36. 70B.170-.21 0, and RCW 82.02.020 to enter into a development agreement to delineate mitigation that will be required as part of the Project, including dedication of property and payments for the cost of road construction to mitigate traffic impacts. K:\St. Francis\correspondence\HFCR5140 1 II. VOLUNTARY DEVELOPMENT AGREEMENT SUMMARY The agreement addresses the following items: 1. Dedication of property. FRS will dedicate, at the City's request any time after approval of the binding site plan and all pennits and upon 90 days written notice from the City, the north thirty (30) feet of the Campus Property and of the adjoining undeveloped 5 acre parcel. 2. Pro rata share contribution towards the cost of extension of South 344th Street. FRS will pay a pro rata share of the cost of constructing an extension of South 344th Street South between 1 st Avenue South and 9th Avenue South. FRS' pro rata share would be based on the ratio ofthe trips generated by developments on the Campus Property after 1992, to the total number of trips estimated to use South 344th Street, based on a traffic impact analysis conducted prior to payment. Payment is due at the time the City Council approves the final design of South 344th Street and authorizes a call for bids for construction. 3. Pro rata share contribution towards off-site mitigation. FRS will pay its pro rata share of the cost of all proposed transportation improvement projects other than the extension of South 344th Street that are identified in the SEP A threshold determination to be issued for the Project, using the traffic impact analysis dated November 20,2000 and submitted by the applicant's traffic engineer. 4. Payment for impacts of future projects on Campus Property and 5-acre parcel. FRS will also pay its pro rata share of the costs of South 344th Street attributable to any future development of the Campus Property and the undeveloped 5-acre parcel. In addition, FRS will pay its pro rata share of any off-site transportation projects needed as mitigation for any future developments of the Campus Property and the 5-acre undeveloped parcel. The amount of mitigation for the off-site transportation improvements will be detennined in accordance with the Federal Way Code provisions at the time of the future development. K: \St. Francis\correspondence\HFCR5140 1 5. Repealer of 1992 Resolution. City staff and FHS both prefer that the development agreement should replace the 1992 resolution (No. 92-101) governing FHS' earlier obligation to dedicate property and contribute the cost of construction of South 344th Street. FHS will have a right to terminate the agreement if the Council does not repeal Resolution No. 92-101, and staff therefore recommends that the Council do so as part of its approval of the development agreement, should the Council determine to so approve the agreement. III. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: I. Recommend that the full Council adopt a resolution approving the proposed development agreement and authorizing the City Manager to execute it; 2. Recommend that the full Council modify and then approve the proposed development agreement; or 3. Disapprove the proposed development agreement. Staff recommends that the Committee recommend to the full Council Option No.1 above; that is, adoption of a resolution approving the voluntary development agreement with Franciscan Health Service and authorizing the City Manager to execute the agreement. IV. LAND USEffRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by staff As recommended by staff and amended by the LUTC cColga , Chair ( þg~ Eric Faison K:\St. Francis\correspondence\HFCR51401 K:\St. Francis\correspondence\HFCR5140 1 RESOLUTION NO. DRAFT Ç~(ð ( A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH FRANCISCAN HEALTH SYSTEM ("ST. FRANCIS HOSPITAL") AND REPEALING RESOLUTION NO. 92-101. WHEREAS, Franciscan Health System (FHS) owns and operates St. Francis Hospital located at 34515 9th Avenue South, Federal Way, Washington; and WHEREAS, FHS' property ("the Campus Property") is occupied by a hospital campus, including the building in which the hospital is situated and two nearby medical office buildings; and WHEREAS, FHS also owns an undeveloped five-acre parcel that abuts the western boundary of the Campus Property; and WHEREAS, in 1992, FHS sought approval of a Binding Site Plan for expansion of its hospital; and WHEREAS, on March 17, 1992, the Federal Way City Council enacted Resolution No. 92-101, approving the BSP subject to several conditions requiring FHS to agree to dedicate to the City of Federal Way in the future up to thirty feet of right-of-way to build 344th Street to City standards, and to participate financially in the roadway construction while deferring the deadline for payment until the SEP A review for the next development application for the Campus Property; and RES # ,PAGEl WHEREAS, FHS is ~urrently proposing to construct a 62,000 square-foot Ambulatory Services Center with related parking on the Campus Property; and WHEREAS, application of City Code requirements and/or Resolution No. 92-101 to the development would call fo~ at the very least, dedication of property and construction of frontage improvements along the northern boundary of the Campus Property, and might also call for complete construction of South 344th Street; and WHEREAS, SEPA review of the proposed Ambulatory Services Center development is under way, and the precise level of traffic impacts from the development, and mitigation for those impacts, would typically be identified during that process; and WHEREAS, SEP A review could include traffic mitigation requirements, including requirements for construction of South 344th Street, WHEREAS, the City has authority under SEP A, RCW 36. 70B.170-.21 0, and RCW 82.02.020 to enter into a development agreement to delineate mitigation that will be required as part of a project, including dedication of property and payments for the cost of road construction to mitigate traffic impacts; and WHEREAS, in order to expedite the approval of the proposed Ambulatory Services Center, and to avoid the need to construct frontage improvements at this time, FHS is willing to enter into a voluntary development agreement that provides for the future dedication of the north thirty (30) feet of its property (including the Campus Property and the adjacent, undeveloped 5-acre parcel) and that establishes more specifically the tenus and conditions under which FHS will make payments of its pro rata share of the costs of the construction of an extension of South 344th Street South between 1st Avenue South and 9th Avenue South; and RES # , PAGE 2 WHEREAS, City staff negotiated a development agreement with FHS, and a copy of that agreement is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, if the proposed development agreement is approved, the 1992 resolution (No. 92-101) is superfluous; and WHEREAS, on June 5, 2001, the City Council held a public hearing, after public notice as required by law, on the development agreement requested by FRS; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of Federal Way to: (1) approve and authorize the City Manager to execute a development agreement between the City and FRS; and (2) repeal Resolution No. 92-101; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby finds that the proposed development agreement will assist in the mitigation of present and future direct and cumulative traffic impacts from FHS' proposed Ambulatory Services Center, and will assist in the partial mitigation oftraffic impacts from future development on the FHS property, for reasons including but not limited to the following: A. The proposed development agreement provides for FHS to dedicate, at the City's request any time after approval of the binding site plan and all permits and upon 90 days written notice from the City, the north thirty (30) feet of the Campus Property and of the adjoining undeveloped 5 acre parcel B, for construction of a new, South 344th Street, between 9th Avenue South on the east and 1 5t Way South on the west. RES # , PAGE 3 B. The proposed development agreement provides for FHS to pay a pro rata share ofthe cost of constructing an extension of South 344th Street South between 1 st Avenue South and 9th Avenue South. FHS' pro rata share would be based on the ratio of the trips generated by developments on the Campus Property after 1992, to the total number oftrips estimated to use South 344th Street, based on a traffic impact analysis conducted prior to payment. Payment is due at the time the City Council approves the final design of South 344th Street and authorizes a call for bids for its construction. c. The proposed development agreement provides for FHS to pay its pro rata share of the cost of all proposed transportation improvement projects other than the extension of South 344th Street that are identified in the SEP A threshold determination to be issued for the Project, using the traffic impact analysis dated November 20,2000 and submitted by the applicant's traffic engineer. D. The proposed development agreement provides for FHS to pay its pro rata share of the costs of South 344th Street attributable to any future development of the Campus Property and the undeveloped 5-acre parcel. In addition, FHS will pay its pro rata share of any off-site transportation projects needed as mitigation for any future developments of the Campus Property and the 5-acre undeveloped parcel. The amount of mitigation for the off-site transportation improvements will be determined in accordance with the Federal Way Code provisions at the time of the future development. E. The proposed development agreement will not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan, because any development will be subject to existing Federal Way City Code provisions, including those concerning drainage, RES # , PAGE 4 landscaping, parking, traffic, height, noise, and future uses. These provisions protect the existing and potential surrounding land uses from any potential adverse impacts. F. In light of the Findings in subsections I.A - I.E above, the proposed development agreement bears a substantial relation to the public health, safety, and general welfare of the City. Section 2. Conclusions of Law. Based on the Findings of Fact set forth in Section I above, the development agreement is consistent with the criteria set forth in RCW 36.70B.170. Section 3. Development Agreement. The City Council hereby authorizes the City Manager to enter into the development agreement attached as Exhibit A hereto, and to take all further and necessary action required by the development agreement. Section 4. Repeal of Resolution No. 92-101. The City Council hereby repeals Resolution No. 92-101, which shall be null and void, and of no further force or effect, as of the effective date of this resolution. Section 5. Severability. The provisions ofthis resolution are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this resolution or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the resolution, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. .. RES # ,PAGE 5 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. CHRlSTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: RESOLUTION NO. K: \CD\O RD IN\D EVELA GR.FHS RES # , PAGE 6 DRAFT $J?ð/CJ( VOLUNTARY DEVELOPMENT AGREEMENT REGARDING THE EXTENSION OF SOUTH 344TH STREET This Agreement ("Agreement") is made and entered into this - day of , 2001, by and between Franciscan Health System-West, a Washington nonprofit corporation ("FHS"), and the City of Federal Way, Washington, a municipal corporation ("City"). RECITALS "'> A. FHS owns and operates St. Francis Hospital located at 34515 9th Avenue South, Federal Way, Washington. The building in which the hospital is situated and two nearby medical office buildings make up an integrated medical complex. The properties included in the medical complex, all of which are owned by FHS, are referred to herein as the "Campus Property." (The two medical office buildings in the medical complex are subject to ground leases wherein FHS is the ground lessor.) The Campus Property is described in Exhibit "A" attached hereto. FHS also owns the undeveloped five-acre parcel that abuts the western boundary of the Campus Property and that is described in Exhibit B attached hereto (the "Undeveloped Parcel"). B. On January 22, 1992, the Hearing Examiner issued his Recommendation for Approval of the Binding Site Plan in file # UP3-91-0002 for a 13,400 square foot expansion of the 113,206 square foot hospital building. The Hearing Examiner recommended that before recording the binding site plan then proposed ("1992 Binding Site Plan") FHS should enter into "a written agreement with the City to contribute a pro rata share to the cost of constructing South 344th Street between 1 5t Avenue South and 9th Avenue South" and "committing to dedicate at the time of the actual final design of South 344th Street up to thirty feet of public street right-of-way and appropriate intersection radii along the north boundary of the site" depicted in the 1992 Binding Site Plan. The Hearing Examiner further recommended that the "actual extent of the FclOOOOO-09999101 92 110192 1-00066IAGREEMENTSIHFCRVOL-DEV -AGR-5BLACK -05102001 needed right-of-way" be determined by a traffic study and street design approved by the City with input from FHS. C. FHS appealed the determination of the Hearing Examiner, and on March 17, 1992, the Federal Way City Council enacted Resolution No. 92-101, that adopted the findings, conclusions and recommendations of the Hearing Examiner, added three findings of the Council, and approved with conditions the 1992 Binding Site Plan. The conditions imposed by the Council in Resolution 92-101 are: (1) FHS agrees to dedicate to the City of Federal Way right- of-way to build 344th Street to City standards, with standarè.width of a street under City standards at that time being sixty feet in width; (2) FHS will dedicate at most thirty feet of right- of-way to the City to build 344th Street to City standards; (3) any dedication by FHS may be less than thirty feet depending upon how much land the U.S. Government (the owner of the property to the north of the Campus Property) dedicates to street construction; (4) FHS will not be required to dedicate right-of-way unless or until such time as the commitment by the U.S. Government to dedicate such right-of-way; and (5) the level ofFHS's financial participation in the roadway construction will be deferred and combined with the SEP A review for the next development application for the Campus Property. There was no appeal Resolution 92-101, the 1992 Binding Site Plan was recorded, and the proposed expansion of the hospital building was constructed by FHS in 1992. D. On January 19, 1994, the Hearing Examiner issued his Recommendation for Approval of a modification of the 1992 Binding Site Plan in file #92-00050PR, 92-0006SEP, and 92-0004SPR. The project proposed by FHS for the Campus Property was the construction of a 51,353 square foot medical office building at the northeast comer of the Campus Property. At that time the U.S. Government was not prepared to dedicate any land for a street right-of-way and there was no final design of an extension of South 344th Street, and as a result, the city at that time did not require FHS to dedicate any land for such an extension. There was no appeal of the Recommendation, and the medical office building was constructed in 1995. 2 FlOOOOO-0999910 1921 10 1921-00066IAGREEMENTSIHFC'RVOL-DEV -AGR-5BLACK -0510200 1 E. FHS is currently proposing to construct on the Campus Property a 62,000 square- foot Ambulatory Services Center with related parking ("the Project"). At this time the U.S. Government is still not prepared to dedicated any land for a street right-of-way, no traffic study has been performed to determine the actual extent of the needed right-of-way for an extension of South 344th Street, and there is no final design of such an extension. F. The City desires that as part of the Project and in addition to those conditions that may be administratively imposed as permit conditions, FHS enter into a development agreement that provides for the dedication of the north thirty (30) feet of the Campus Property and the Undeveloped Parcel and that establishes the terms and conditions under which FHS will participate in the construction of an extension of South 344th Street between 1 st A venue South on the west and 9th Avenue South on the east over the property to be dedicated by FHS. G. In order to accommodate the desire of the City and to expedite the approval of the Project, FHS is willing to enter into a development agreement as proposed by the City provided that Resolution No. 92-101 is rescinded. H. Review of the Project under the State Environmental Policy Act ("SEP A") is under way. 1. The City has authority under SEPA, RCW 82.02.020, and Federal Way City Code Section 19-46 to require the dedication of land where reasonably necessary as a direct result of a proposed development application, and to enter into a voluntary agreement with an applicant to provide for payment by the applicant to mitigate the direct impact that has been identified as a consequence of a proposed development. J. The City has authority under RCW 36.70B.170-.210 to enter into a development agreement to delineate mitigation that will be required as part of the Project. 3 F\000Q0-09999\01921 \0 192 I-OOO66\AGREEMENTS\HFCRVOL-DEV -AGR-5BLACK -051 0200! NOW, THEREFORE, , in order to avoid conflict over the extent of the dedication or mitigation requirements of Resolution 92-101, to avoid the necessity to construct street improvements at this time on South 344th Street, to provide for the mitigation of any direct, indirect, or cumulative traffic impacts arising from the Project as well as future projects to be constructed on the Campus Property and the Undeveloped Parcel, and to facilitate use and development ofthe Campus Property and the Undeveloped Parcel, the parties agree as follows: 1. Dedication of Property For Road Purposes. 1.1 Property to be Dedicated; Timing. FHS hereby agrees to designate the north thirty (30) feet of its Campus Property as Tract "Z" on a binding site plan to be presented to the City for review and approval as a part of the Project. Once the Project has received all necessary development approvals and permits and once the binding site plan has been approved by the City and recorded, then any time thereafter, following ninety (90) days prior written notice from the City requesting such dedication, FHS will dedicate Tract Z and the north thirty (30) feet of the Undeveloped Parcel to the City for the purpose of building a road that extends South 344th Street from 9th Avenue South on the east to I st A venue South on the west (the "Road Extension"). The dedication shall be free and clear of all liens, encumbrances, covenants, restrictions, easements and any other title defects. 1.2 No Dedication of Additional Property. The City agrees not to impose as a condition of FHS's obtaining any development permit or approval necessary for the Project or any future project to be constructed on the Campus Property or the Undeveloped Parcel that FHS dedicate any other property for an extension of South 344th Street. The City further agrees that it will not request that the Hearing Examiner impose any such condition. 1.3 Right to Terminate. If the Hearing Examiner requires FHS to dedicate any property for an extension of South 344th Street in addition to Tract Z and the north thirty (30) feet of the Undeveloped Parcel as a condition of obtaining any development permit or approval 4 E\OOOOO-09999\O 1921 \0 1921-00066\AGREEMENTS\HFCR VOL-DEV -AGR-5BLACK -0510200 1 necessary for the Project or if the City, by appropriate action of its City Council, fails to rescind Council Resolution No. 92-101 as a part of the City's approval of this Agreement, then FHS may terminate this Agreement by written notice to City. 2. Road Construction Reimbursement. 2.1 Pro Rata Share and Road Extension. FHS agrees to pay and reimburse to the City (or to any third party actually constructing the Road Extension at the direction of the City and to whom the city is obligated for reimbursement) its pro rata share ("Pro Rata Share") of the cost of building the Road Extension to City standards. The Road Extension is hereby defined as the street to be constructed between 9th Avenue South on the east and 1 st Avenue South on the west, the improvements to be made to the intersections at 9th Avenue South and 1 st Avenue South, and all roadway alterations and improvements to be constructed on the Campus Property and the Undeveloped Parcel that are made necessary by the design and construction of the street. FHS's Pro Rata Share of the cost of building the Road Extension shall be determined and payable at such time as the City, by appropriate action of its City Council has approved the final design of the Road Extension and authorized a call for bids. 2.2 Calculation of Pro Rata Share. FHS's Pro Rata Share of the cost of building the Road Extension shall be in the same ratio as the number of estimated motor vehicle trips generated by the Campus Property and the Undeveloped Parcel that will use the Road Extension compared to the number of all estimated motor vehicle trips that will use the Road Extension regardless of source or destination. The calculation ofFHS' s Pro Rata Share shall be determined by a traffic impact analysis conducted by a traffic engineer, which engineer shall be acceptable to both the City and FHS. In establishing the number of estimated motor vehicle trips generated by the Campus Property and the Undeveloped Parcel (to be estimated at the time of the traffic impact analysis) that will use the Road Extension, the traffic engineer shall consider all trips generated by projects constructed on the Campus Property (including Parcel C as described in Exhibit A) and the Undeveloped Property after but not before March 17, 1992, or proposed for 5 FlOOOQO-0999910192 1 10 1921-00066IAGREEMENTSIHFCRVOL-DEV -AGR-5BLACK -051 02001 construction by FRS at the time of the traffic impact analysis; provided, however, that trips generated by projects constructed after the date of this Agreement on Parcels Band C, as described in Exhibit A attached hereto, shall not be included in establishing the number of estimated trips generated by the Campus Property and the Undeveloped Parcel. In establishing the number of all estimated trips from all sources (to be estimated at the time ofthe traffic impact analysis) that will use the Road Extension at the time of its construction, the traffic engineer shall include all trips generated by all projects on the Campus Property regardless of when they were constructed. 2.3 Costs to Which Pro Rata Share Applies. The costs of building the Road Extension for which FRS must pay its Pro Rata Share shall be limited to all of the direct costs of the design and construction of the Road Extension (including the cost of labor and materials and the fees of architects, engineers, contractors and a construction manager) which are incurred and paid by the City, or for which the City is obligated to reimburse to a third party who constructs the Road Extension at the direction of the City, and the cost of the traffic impact analysis described in Section 2.2 hereof. The costs subject to reimbursement by FRS shall not include (a) the cost of installation of utilities in the Road Extension's right-of-way except for utilities such as electrical lines, storm drains, fire hydrants, and water mains to the extent that they are necessary for the proper lighting, drainage and fire protection of the Road Extension, (b) the cost ¡j¡ to the City of acquiring any property included in the Road Extension's right-of-way, (c) the value of any property conveyed or dedicated by any other party to the City and included in the Road Extension's right-of-way, and (d) the cost of any improvements that would otherwise be a part of the Road Extension but that are required to be made by any other party or property owner as a condition of obtaining a development permit or approval necessary for the development of its property. 6 F\OOOOO-09999\0192 1\0 1921-00066\AGREEMENTS\HFCRVDL-DEV -AGR-5BLACK -05102001 3. Off-Site Mitieation for Project and Future Projects. 3.1 Off-Site Impacts of Project. As part of the mitigation of off-site traffic impacts resulting from the Project, FHS shall pay a pro rata share of the cost of all proposed transportation improvement projects other than the Road Extension that are described in the SEPA threshold determination to be issued for the Project. The calculation of FHS's pro rata share shall be based upon the ratio of the number of estimated trips generated solely by the Project that use each proposed transportation improvement project compared to the number of all trips estimated to use each proposed transportation improvement project. The calculation of the FHS's pro rata share for those projects shall be determined by the City of Federal Way Public Works Director based upon the traffic impact analysis dated November 20, 2000, conducted by the Transpo Group Incorporated. FHS shall pay its pro rata share due under this Section prior to and as a condition of issuance of the building permit for the Project. 3.2 Off-Site Impacts of Future Projects. As part of the mitigation of the off-site traffic impacts of any future project proposed prior to construction of the Road Extension for the Undeveloped Property and the Campus Property, other than Parcels B and C as described in Exhibit A, FHS shall pay a pro rata share of the costs of the then proposed off-site transportation improvement projects other than the Road Extension, as determined by the Federal Way Public Works Director in accordance with the applicable Federal Way City Code provisions or other City ordinances in effect at the time of the proposed future project. In addition, FHS shall pay its Pro Rata Share of the cost of the Road Extension attributable to the proposed future project determined and payable in accordance with Section 2 of this Agreement. If the City adopts a system of traffic impact fees applicable to future projects in order to pay for the cost of proposed road improvements that includes the Road Extension, then FHS shall not be required to pay that portion of the traffic impact fee attributable to the cost of the Road Extension. Future projects on Parcels B and C as described in Exhibit A are excluded from the rights and obligations of FHS under this Section 3.2 since those two parcels are ground leased by FHS to others, and the ground lessees rather than FHS shall be responsible for the payment of any off-site traffic impacts, 7 nOOOOO-0999910 192110 1921-00066\AGREEMENTSIHFCRVOL-DEV -AGR-5BLACK -05102001 including impacts to the Road Extension, attributable to any proposed future development of those two parcels. For future projects constructed thereon, Parcels Band C as described in Exhibit A shall be subject to all requirements for mitigation of off-site traffic impacts imposed under the Federal Way City Code or as conditions of development approval at the time of the development approval. 3.3 Future Development of Undeveloped Parcel. As a part of any proposed future development of the Undeveloped Parcel prior to the construction of the Road Extension, FRS shall prepare a binding site plan for the Undeveloped Parcel that shows the proposed development and establishes the north thirty (30) feet thereof as a separate parcel subject to the requirements of Section 1.1 hereof. 4. Local Improvement District. In the event a local improvement district is created for the purpose of constructing the Road Extension, then the City shall exclude from the district the Undeveloped Parcel and the Campus Property other than Parcels Band C as described in Exhibit A attached hereto. If those parcels may not be lawfully excluded from the district, then this Agreement shall tenninate, provided that if FRS has dedicated Tract Z and/or the north thirty (30) feet of the Undeveloped Parcel and/or paid its Pro Rata Share of the cost of the Road Extension pursuant to the tenus of this Agreement, then any Pro Rata Share amount paid by FRS, plus interest thereon at the legal rate from the date of payment, and the value of any property dedicated as detennined by an MAl appraisal, shall be allowed as a credit upon any assessment imposed by the district upon the Undeveloped Parcel and Campus Property other than Parcels Band C as described in Exhibit A attached hereto. The appraisal shall be perfonned by an appraiser selected by FRS subject to the reasonable approval of City. FRS shall pay the cost of the appraisal which shall be allowed as a credit upon any assessment by the district. 8 F:lOOOOO-0999910 192 110192 I-OOO66\AGREEMENTSIHFCRVOL-DEV -AGR-5BLACK -0510200 1 5. Effective Date~ Term. This Agreement shall be effective on the date of execution of this Agreement by duly authorized representatives of each party. This Agreement shall tenninate without further action of either party upon completion of construction of the Road Extension and the perfonnance by the parties of all their duties set forth in this Agreement. 6. Indemnification and Waiver and Release of Claims. 6.1 Indemnification. FRS shall indemnify, defend and hold the City hannless from any and all claims, liabilities and costs incurred, including a reasonable attorneys' fee, arising out of FRS's ownership of Tract Z and the north thirty (30) feet of the Undeveloped Parcel including without limitation any claim respecting the title of FRS to such property and any claim that prior to its dedication such property contained or released a hazardous substance that is in violation of any state or federal law or regulation dealing with hazardous substances and/or the protection of the environment. Indemnification under this Section 6.1 shall be conditioned upon the City's prompt tender of any such claim to FRS for indemnification and defense. 6.2 Waiver and Release of Claims. FRS hereby waives and releases any and all claims it might have against the City arising out of the execution of this Agreement, including without limitation any claim that the Agreement is illegal or invalid or that the participation by FRS is other than voluntary. 7. General Provisions. 7.1 Binding on Successors. This Agreement is intended to protect the value of, and facilitate the use and development of, the Campus Property and the Undeveloped Parcel, and to protect the public health, safety, and welfare of the City of Federal Way. Therefore, the covenants set forth herein shall be construed to and do touch and concern the Campus Property 9 F:lOOOOO-O999910 192110 1921-00066IAGREEMENTSIHFCRVOL-DEV -AGR-5BLACK -05! 0200 I and the Undeveloped Parcel (other than Parcels Band C as described in Exhibit A hereto) and the benefits and burdens inuring to FRS and to the City from this Agreement shall run with the land and shall be binding upon FRS, its heirs, successors, and assigns, and upon the City. A Memorandum of Agreement, in the form attached hereto as Exhibit C, shall be executed by the parties concurrently with the execution of this Agreement and recorded with the King County Recorder's office. 7.2 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 7.3 Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 7.4 Authority. The City and FRS each represents and warrants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. FRS further represents and warrants that it is the fee owner of the Undeveloped Parcel and the Campus Property, that it has authority to agree to the covenants contained herein, and that there are no other persons, entities, or parties with any fee interest in the Undeveloped Parcel and the Campus Property. 7.5 Amendment. This Agreement may be modified only by a written instrument duly executed by all parties. This Agreement and the Project shall not be subject to a new zoning ordinance or development standard or regulation or any amendment thereto concerning traffic impact mitigation that is adopted after the date of this Agreement; provided, however, that the City reserves the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 10 FlOOOOO-0999910 1921 10 192 1-OOO66IAGREEMENTSIHFCRVOl-DEV -AGR-5BLACK -05102001 7.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 7.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 7.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof, which is the provision of mitigation of on- and off-site traffic impacts from the development of the Project and other future development of the Undeveloped Parcel and Campus Property other than Parcels B and C as described in Exhibit A attached hereto. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 7.9 Enforcement. In the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by FRS, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement. 7.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages resulting from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 11 FlooooO-0999910192110J 921-00066IAGREEMENTS\HFCR VOL-DEV -AGR-5BLACK -0510200 1 7.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers ofthe City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 36.70B.170-.210. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY FRANCISCAN HEALTH SYSTEM-WEST, a Washington nonprofit corporation BY: By: David H. Moseley City Manager Its: Date: Date: ATTEST: This - day of , 2001. N. Christine Green, CMC Federal Way City Clerk Approved as to Fonn for City of Federal Way: Approved as to Fonn: for Franciscan Health System-West: City Attorney, Bob C. Sterbank H. Frank Crawford 12 F\OOOOO-09999\01921\01921-00066\AGREEMENTS\HFCRYOL-DEY -AGR-5BLACK -05102001 ST ATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the fÌ"ee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this - day of , 2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: STATE OF WASHINGTON ) ) ) ss. County of Pierce On this - day of ,2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of FRANCISCAN HEALTH SYSTEM-WEST, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. [Printed Name] Notary Public in and for the State of Washington, residing at My Commission expires: hfcrdev-agr- 7.doc 01921-0006604302001 13 F 100000-0999910 192 110 19, I-OOO66IAGREEMENTS\HFC'RYOL-DEY -AGR-5BLAC'K -0510200 I EXHIBIT A TO VOLUNTARY DEVELOPMENT AGREEMENT DESCRIPTION OF CAMPUS PROPERTY . PARCEL A (Main Hospital): Parcel C-1, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington, as corrected by Affidavit of Correction recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No. 750451-0020-00 PARCEL B (Medical Office Building): Lot I-A, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington as corrected by Affidavit of Correction recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No. 750451-0010-02 PARCEL C (Medical Office Pavilion): Tract C-1, as described in St. Francis Hospital, a Binding Site Plan-Amendment No.1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. Tax Parcel No. 750451-0050-03 PARCEL D (Emergency Room Access): Tract D-2, as described in St. Francis Hospital, a Binding Site Plan-Amendment No.1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. Tax Parcel No. 750451-0060-01 14 F 100000-0999910192110 1921-00066IAGREEMENTSIHFCR VOL-DEV -AGR-5BLACK -05102001 PARCEL E (Access Road and Parking): Tracts A, B, E, F and X of King County Short Plat no. 386052 recorded under recording no. 8805020103, said short plat being a subdivision of Lot 3 and a portion of Lot 2, West Campus Business Park, according to plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington. Tax Parcel Nos.: , 750451-0070-09, . and 750451-0090-05 PARCEL F (South Parking Lot): The West half of the East half of the Southwest quarter of the Northeast quarter of the Southwest quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; EXCEPT the East 40 feet of the South 200 feet of the North 300 feet; and EXCEPT the South 375 feet of the Remainder; and The North 100 feet of the East half of the South half of the East half of the West half of the Northeast quarter of the Southwest quarter of said Section 20; TOGETHER WITH an easement for ingress, egress and utilities purposes over, under and across the West 20 feet of the South half of the West half of the East half of the Northeast Quarter of the Southwest Quarter of said Section 20; EXCEPT COUNTY ROAD. Tax Parcel No. 202104-9113-02 15 FlOOOOO-0999910 1921 101921-00066\AGREEMENTSIHFCRVOL-DEV-AGR-5BLACK -0510200 1 EXHIBIT B TO VOLUNTARY DEVELOPMENT AGREEMENT DESCRIPTION OF UNDEVELOPED PARCEL The North half of the West half of the Northeast quarter of the Southwest quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; EXCEPT that portion of said subdivision described as follows: Commencing at the northwest comer of said subdivision; Thence along the North line thereof South 88°46'40" East 295.00 feet to the true point of beginning; Thence continuing along said North line South 88°46'40" East 359.08 feet to the Northeast comer of said subdivision (said Northeast comer also being the Northwest comer of Lot 3 of West Campus Business Park, according to the plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington); Thence along the east line of said subdivision south 01 °14' 49" West 659.58 feet to the Southeast comer of said subdivision; Thence along the South line of said subdivision North 88°45'46" West 358.70 feet; Thence parallel with the West line of said subdivision North 01 °12'52" East 659.49 feet to the true point of beginning. Tax Parcel No. 202104-9038-04 16 F.IOOOOO-0999910 1921101921-00066IAGREEMENTSIHFCR VOL-DEV -AGR-SBLACK -os 10200 I EXHIBIT C TO VOLUNTARY DEVELOPMENT AGREEMENT After Recording Return To: MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT Complete Legal Description on pages: 4 and 5 Abbreviated Legal Description: Tax Parcel No.: 750451-0020-00; 750451-0060-01; 202104-9038-04 KNOW ALL PERSONS BY THESE PRESENTS, that the City of Federal Way, Washington, a municipal corporation ("City") and Franciscan Health System-West, a Washington nonprofit corporation ("FHS") have entered into a Voluntary Development Agreement dated , 2001 (the "Agreement') as authorized by RCW 36.70B.170-.21O with respect to the real property located in the City of Federal Way, County of King, State of Washington, and more fully described in Exhibit A attached hereto. The Agreement provides, among other things, for the dedication by FHS to the City of the north thirty (30) feet of Parcels A, B, and C, as described in Exhibit A attached hereto, for an extension of South 344th Street in Federal Way, Washington, from 9th Avenue South on the east to I 5t Avenue South on the west (the "Road Extension") and for FHS to pay to the City its Pro Rata Share of the City's costs incuITed in building the Road Extension. A copy of the Agreement may be found on file with the City of Federal Way in File No. The Agreement became effective upon execution by the parties and it shall tenninate without further action of either party upon completion of construction of the Road Extension and the perfonnance by the parties of all their duties as set forth in the Agreement. Following tennination, the City will, upon demand of FHS, execute and record an acknowledgment that the 17 F:IOOOOO-0999910 192110 1921-00066IAGREEMENTSIHFCR YOL-DEY -AGR-5BLACK -05102001 Agreement has tenninated and that this Memorandum of Voluntary Development Agreement ("Memorandum") should be released as a matter of record. The Agreement is incorporated by reference herein as though written at length herein, and the Agreement and this Memorandum shall be deemed to constitute but a single document, and in the event of conflict between this Memorandum and the Agreement, the tenus of the Agreement shall control. Capitalized tenus used in this Memorandum shall have the same meaning ascribed to them in the Agreement. This Memorandum shall inure to the benefit of, and binding upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands this - day of , 2001. CITY OF FEDERAL WAY, a municipal corporation FRANCISCAN HEALTH SYSTEM-WEST, a Washington nonprofit corporation BY: By: David H. Moseley City Manager Its: Date: Date: ATTEST: This - day of ,2001. N. Christine Green, CMC Federal Way City Clerk Approved as to Fonn for City of Federal Way: Approved as to Fonn: for Franciscan Health System-West: City Attorney, Bob C. Sterbank H. Frank Crawford 18 FlOOOOO-0999910 1921 101921-00066IAGREEMENTSIHFCRVOL-DEV -AGR-5BLACK -0510200 1 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this - day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: STATE OF WASHINGTON ) ) ) ss. County of Pierce On this - day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of FRANCISCAN HEALTH SYSTEM-WEST, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. [Printed Name] Notary Public in and for the State of Washington, residing at My Commission expires: 1921.66\agreements\hfcr40e - 04302001 19 FlOOOOO-0999910 1921 10 1921-00066IAGREEMENTSIHFCRVOL-DEV -AGR-5BLACK -os 1 0200 I ~ EXHIBIT A TO MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT PROPERTY OWNED BY FHS PARCEL A (Main Hospital): Parcel C-l, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington, as coITected by Affidavit of CoITection recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No.7 50451-0020-00 PARCEL B (Emergency Room Access): Tract D-2, as described in St. Francis Hospital, a Binding Site Plan-Amendment No.1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. Tax Parcel No. 750451-0060-01 PARCEL C (Undeveloped Parcel): The North half of the West half of the Northeast quarter of the Southwest quarter of Section 20, Township 21 North, Range 4 East, Wil1amette Meridian, in King County, Washington; EXCEPT that portion of said subdivision described as follows: Commencing at the northwest comer of said subdivision; Thence along the North line thereof South 88°46'40" East 295.00 feet to the true point of beginning; Thence continuing along said North line South 88°46'40" East 359.08 feet to the Northeast comer of said subdivision (said Northeast comer also being the Northwest comer of Lot 3 of West Campus Business Park, according to the plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington); Thence along the east line of said subdivision south 01 °14'49" West 659.58 feet to the Southeast comer of said subdivision; Thence along the South line of said subdivision North 88°45'46" West 358.70 feet; Thence paral1el with the West line of said subdivision North 01 °12 '52" East 659.49 feet to the true point of beginning. Tax Parcel No. 202104-9038-04 20 F\OOOOO-09999\0192 \01921-00066IAGREEMENTS\HFCRVOL-DEV-AGR-5BLACK -05102001 '1EETING DATE: June 5,2001 ITEM # -=v I """--"'-'.---"-"-'-""""""-"_'_""'000'___""-.-'--'--.--....-..-----.--........--..---....-....----..--.---.- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Diversity Commission Appointments ...................... ................ """""'" -...... ............ ............... .................. ............... ............. .......... ........ ...................... - ......-....... .........................................-...- - .....-...... ..... ....--......-.... - .......-..................-.....---.- CATEGORY: BUDGET IMPACT: CONSENT _ORDINANCE _X_BUSINESS HEARING FYI RESOLUTION STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Req'd: $ ............. .............. ........ ...... .... .............. ....................-........ ..._.......................... ................,........... ....... ..... ................ .................. ........ ........ ....... .......-... .-..... ............... ............... ........................... -......... .....-............ ...... .............. ................... A TTACHMENTS: None -........ ............. .................. ......... ...... .............-...-............ ........................................... ................. ................ ........ .............. ............ ................................-...- ....... .................. ......... ..--... ........................-..-........................-........ ...--..... ~UMMARYIBACKGROUND: At a special meeting on June 5, 2001, the City Council of Whole will interview applicants to fill three (3) commission positions and one (1) unexpired term on the city's Diversity Commission. Councilmembers will confirm their appointments at that evening's meeting. (The City Clerk will arrange for introduction and presentation of the appointment certificates for the new appointees at the June 19 regular meeting) ............................-..........-...............................-...............--..........-..-..'-"""""'-""-'-"""""""""'--""----""""""""'-"""""""'-"'".................-............-.-....... ................--...............- CITY COUNCIL COMMITTEE RECOMMENDATION: N/A .......... .............. .......... .............-..... .............................. .......... ............................... ....................... ...... ................ ..................". .. ................... ..._............... ........................-................................... ..........-.-..--.-..... -.................. PROPOSED MOTION: I MOVE THE APPPOINTMENT OF THE FOLLOWING PERSONS TO THE CITY'S DIVERSITY COMMISSION.' (names) ALL FOR 3- YEAR TERMS ENDING ON MA Y 31, 2004; AND FURTHER MOVE THE APPOINTMENT OF (name) TO FILL AN UNEXPIRED TERM ON THE CITY'S DIVERSITY COMMISSION ENDING ON MAY 31,2003. ........... .................... -.......... ..... ...........--.--.-............... -""""""-'-""'-""""'" ...........-.. ..........."...................... ....................................--..... .......-............ .......", ................. .................... ...--. - ..." ........-... ............... APPROVAL OF CITY MANAGER: -M- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED DENIED _TABLED/DEFERRED/NO ACTION - MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-S/4/0 1 MEETING DATE: June 5, 2001 ITEM# JZJ![ ( (). ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Request to Amend Federal Way City Code, Traffic and Vehicles, Chapter 15 CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ... .-.. -. "'--'-'----'-"--".......-.-'-'-"-"'-'--"'-"-'-'.----.----..-.-..-....-...........---.-...--..-...-. .--...--...-.....-... --.--..-....-...............-............. -....-...-.. _.mm.'.- ...... -.... .-.. ...........m" .-.............-..... ............ .....-. -.. .... """,.',".,"..mmm. ... ATTACHMENTS: Memo from Chief Kirkpatrick to the Parks, Recreation, Human Services and Public Safety Committee regarding the request to amend the Federal Way City Code, Traffic and Vehicles, Chapter 15 and the proposed amended ordinance. "'...m",.",,.'m"',' -.................... ....-...--......... .......-.--... ....--. ..m.._....""".""."".' -... ... .m._......... m.'_".,"""."","",." ..._.m.... ...__m_m' .....-....... mm..m"."".""..m" SUMMARY/BACKGROUND: Pursuant to the Traffic and Vehicles Code, Chapter 15, of the City of Federal Way, which was last revised in 1997, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Traffic and Vehicles Code to reflect amendments, additions, or deletions "ibited in the state statutes, the Revised Washington Code (RCW). The purpose of this amendment is to bring current the City Traffic and Vehicles Code, Chapter 15 that was adopted by the Federal Way City Council in 1990 and accordingly will require modifications. The State Legislature has modified state law establishing certain misdemeanors to have become felonies and has authorized the City to commission volunteers to enforce disabled parking violations. Specific changes are as follows: The following Codes are repealed: 1. Article I, Section 15-3, Displaying, or possessing of suspended orrevoked driver's license or identification card. 2. Article I, Section 15-11, State law - Crimes of abandonment of a dependent person in the third degree, stalking and operating a motor vehicle in violation of trip permit requirements. 3. Article II, Section 15-34, Admissibility or refusal evidence. 4. Article II, Section 15-38, Assessment fee. 5. Article II, Section 15-39, Treatment The following Codes are amended: 1. Article I, Section 15-1, Code adopted. 2. Article I, Section 15-4, Mandatory criminal traffic civil assessment. The following Codes are new sections: 1. Article II, Section 15-31, Driving under the influence. 2. Article III, Section -' Parking privileges for disabled persons. The adoption of this amendment is in the best interest for the City of Federal Way and its citizens. ..............---............--....--.............................--....-..........-...--................................... ................................................-.................-....... ......._.... .."..."."....." -.... --..---................--..- --.... --....--.........--...........--...-..---.-.--...........-----....- --..-.....- CITY COUNCIL COMMITTEE RECOMMENDATION: At the May 14,2001 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed amendments be forwarded to the City Council for consideration at its June 5, 2001 meeting. ......................................................... .................................................. ............................................... ...........-.......-................-..-......-..........--.................................---........-....................-. PROPOSED MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on June 19,2001. CITY MANAGER APPROV=~. ....~.. (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 # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ;)7[;) REVISED - 05/10/2001 Item 5.C City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: May 14,2001 To: Parks, Recreation, Human Services & Public Safety Council Committee Via: Chief of Police ()(1¿. From: anage-r Request to Amend Federal Way City Code, Traffic and Vehicles, Chapter 15 (Ordinance Nos. 90-70, 92131,94-207,94-213,97-303) Subject: Background: Pursuant to the Traffic and Vehicles Code, Chapter 15, ofthe City of Federal Way, which was last revised in 1997, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Traffic and Vehicles Code to reflect amendments, additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW). The purpose of this amendment is to bring current the City Traffic and Vehicles Code, Chapter 15 that was adopted by the Federal Way City Council in 1990 and accordingly will require modifications. The State Legislature has modified state law establishing certain misdemeanors to have become felonies and has authorized the City to commission volunteers to enforce disabled parking violations. Specific changes are as follows: The following Codes are repealed: 1. Article I, Section 15-3, Displaying, or possessing of suspended or revoked driver's license or identification card. 2. Article I, Section 15-11, State law - Crimes of abandonment of a dependent person in the third degree, stalking and operating a motor vehicle in violation of trip permit requirements. 3. Article II, Section 15-34, Admissibility or refusal evidence. 4. Article II, Section 15-38, Assessment fee. 5. Article II, Section 15-39, Treatment The following Codes are amended: 1. Article I, Section 15-1, Code adopted. 2. Article I, Section 15-4, Mandatory criminal traffic civil assessment. The following Codes are new sections: 1. Article II, Section 15-31, Driving under the influence. 2. Article III, Section -' Parking privileges for disabled persons. The adoption of this amendment is in the best interest for the City of Federal Way and its citizens. Attached is the amended ordinance. Committee Recommendation: Motion to approve and adopt this ordinance amending the City of Federal Way Traffic and Vehicles Code, Chapter 15, and forward to full Council for consideration at its June 5, 2001 meeting. APPROVAL OF COMMITTEE REPORT: " .-ì ~-..., I I 4/'--. - / /'(:4//.... , C(' '~;/f~l [): ~.;? èômmittee Mefuber illc/aeenda/vs/200 1 /05140 1/ch 15amendtrafficeandvehiclescode ,doc ORDINANCE NO. D¡"",,)~?,~ i-rT ' j~i Ar . q2-cyó( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 15 OF THE CITY OF FEDERAL WAY CITY CODE ADOPTING STATE STATUTES AND AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY TO APPOINT VOLUNTEERS TO ENFORCE PARKING FOR DISABLED PERSONS (Amending Ordinance Nos. 90-70, 92-131, 94-207, 94-213, 97-303) WHEREAS, the Federal Way City Council adopted the Traffic and Vehicles Code Chapter 15 in 1990 and subsequently modified it; and WHEREAS, the State Legislature has modified state law wherein certain violations of law previously classified as misdemeanors are now classified as felonies; and WHEREAS, the State Legislature authorizes the City to commission volunteers to enforce disabled parking violations; and WHEREAS, the City Council finds it is in the best interest of its citizens to update the Traffic and Vehicles Code; and WHEREAS, the City Council finds it is in the best interest of its citizens to authorize volunteers to enforce disabled parking violations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article I Section 15-1 of the City of Federal Way Traffic and Vehicles Code is amended as follows: ,PAGEl ORD# 15-1 Code adopted. The "Washington Model Traffic Ordinance," Chapter 308-330 WAC, including any future additions to, and amendments and repeals thereof, is hereby adopted by reference, with the exception of the following provisions: (1) RCW 46.90.500 through 46.90.540, relating to bicycle licensing. (2) RCW 46.90.555, relating to bicycles on sidewalks. (3) RCW 46.90.418, relating to prohibition against crossing roadways in a business district. (4) RCW 46.90.600 through 46.90.660, relating to parking meters. (5) Reserved. (6) RCW 46.90.710, relating to maximum pcnalties. (7) RC',v 46.61.515, relating to penaltics for thc off-cflsc of driving v..hi1c under thc influcnce of intoxicating liquor or drug and physical control. (86) Reserved. (97) Reserved. (Ord. No. 91-91, § 1,4-2-91; Ord. No. 92-163, § I, 1-19-93; Ord. No. 94-212, § I, 6-21-94; Ord. No. 95-243, § I, 9-5-95; Ord. No. 96-260, § I, 1-16-96) Section 2. Article I, Section 15-3 of the City of Federal Way Traffic and Vehicles Code is repealed as follows: 153 Displaying or possessing of suspended or revoked drhcr's license or identification card. (a) RCV! 46.20.336 is hcrcby adopted by refcrcnce. ORD# , PAGE 2 (b) I\.ny pcrson who violatcs thc pro'lÎsions of this section shall bc guilty of a traffic infraction and shall bc punishcd by a penalty of not more than $250.00. Section 2. Article I, Section 15-4 of the City of Federal Way Traffic and Vehicles Code is amended as follows: 15-4 Mandatory criminal traffic civil assessment. (a) In addition to the criminal penalty provided herein, any person found to have committed an act designated as a criminal traffic violation under the provisions of this chapter shall be assessed a civil penalty in the amount of $20.00. The funds collected from this civil penalty shall be transmitted to the city of Federal Way traffic safety fund for the purpose of funding public safety traffic improvements, including but not limited to installation of school safety signs, traffic safety signs, traffic speed bumps, and all such other traffic safety-related expenses as may be incurred by the city and authorized by the city council. (b) For the purposes of this section, G:criminal traffic violations under the provisions of this chapter" are defined to be the following: (1) Driving with the license from another state while suspended in Washington, FWCC 15-1 (RCW 46.20.4W345); (2) Hit and run unattended, FW:¡:CC 15-1 (RCW 46.52.020M); (3) Actual physical control of a motor vehicle while under the influence of intoxicating liquor or drug, RCW 46.61.504; (4) Driving while under the influence of intoxicating liquor or drug, RCW 46.61.504; , PAGE 3 ORD# (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) ORD# Display or possess any fictional or fraudulently altered driver's license, RCW 46.20.0921(1); Permit unlawful use of driver's license or ID RCW 46.20.0921(6); Driving while license suspended or revoked in the first degree (habitual traffic offender), FWCC 15-1 (RCW 46.20.342(1)(a»; Driving while license suspended or revoked in the second degree, FWCC 15-1 (RCW 46.20.342(1)(b»; Driving while license suspended or revoked in the third degree, FWCC 15-1 (RCW 46.20.342(1)(c»; Willful failure to stop, FWCC 15-1 (RCW 46.61.022); Failure to surrender a suspended, revoked or cancelled driver's license or identification card, FWCC 15-1 (RCW 46.20.0921(4»; Lending an operator's license to another, FWCC 15-1 (RCW 46.20.0921(2»; Negligent driving, FWCC 15-1 (RCW 46.61.525); No valid operator's license, FWCC 15-1 (RCW 46.20.005);' Failure to surrender license, FWCC 15-1 (RCW 46.20.021(4»; Violation of occupational driver's license, FWCC 15-1 (RCW¿16.20.41O); Hit and run unattended or property damage, FWCC 15-1 (RCW 46.52.010); , PAGE 4 (18) Failure to register vehicle, FWCC 15-1 (RCW 46.16.010(1»; (19) Operating a motor vehicle with suspended registration, FWCC 15-1 (RCW 46.29.605); and (20) Unlawful representation of driver's license or identification card, FWCC 15-1 (RCW 46.20.0921 (3» and (21) Operating a motor vehicle in violation of trip permit requirements, FWCC 15-1 (RCW 46.16.160); and (22) Other criminal traffic violations as may be adopted in the Revised Code of Washington; all as they all now exist or as may be hereafter amended, deleted or added thereto. Section 3. Article I, Section 15-11 of the City of Federal Way Traffic and Vehicles Code is repealed as follows: 15-11 State law Crimes of abandonment of a dependent person in the third degree, stalking and operating a motor vehicle in violation of trip permit requirements. RCW 9A.42.080, 91\.42.090, 9.\.46.110 and 46.16.160 as currcntly codified or as hereafter amended, are hereby adopted by reference. Section 4. Article II, the following new Section is added as follows: 15-31 Driving Under the Influence. ORD# , PAGE 5 The followin2 state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) ORD# RCW 46.61.500, Reckless driving - Penalty. RCW 46.61.502, Driving under the influence. RCW 46.61.503, Driver under twenty-one consuming alcohol - Penalties. RCW 46.61.504, Physical control of vehicle under the influence. RCW 46.61.5054, Alcohol violators - Additional fee - Distributions. RCW 46.61.5055, Alcohol violators - Penalty schedule. RCW 46.61.5056, Alcohol violators - Information school - Evaluation and treatment. RCW 46.61.50571. Alcohol violators - Mandatory appearances. RCW 46.61.5058, Alcohol violators - Vehicle seizure and forfeiture. RCW 46.61.506, Persons under influence of intoxicating liquor or drug - Evidence - Tests - Information concerning tests. RCW 46.61.513, Criminal history and driving record. RCW 46.61.5151. Sentences - Intermittent fulfillment - Restrictions. RCW 46.61.5152, Attendance at program focusing on victims. RCW 46.61.517, Refusal of alcohol test - Admissibility as evidence. , PAGE 6 (15) RCW 46.61.519. Alcoholic beverages - Drinking or open container in vehicle on highway - Exceptions. (16) RCW 46.61.5195, Disguising alcoholic beverage container. Section 4. Article II, Section 15-34 is repealed as follows: 15 34 Admissibility or refusal e~¡¡denee. RCW 46.61.517, including all futurc amendments, additions or dcletions, is adoptcd by rcfcrcncc. Section 5. Article II, Section 15-38 is repealed as follows: 15 38 Assessment fee. (a) (1) In addition to penalties set forth in this act, a $125.00 fec shall be assessed to a person who is either convicted, scntenced to a lesser charge, or givcn deferred prosccution, as a result of an arrest for violating FWCC 15 31 or 15 32. This fcc is for the purpose of funding the Washington State Toxicology Laboratory and the Washington Statc Patrol brcath test program. (2) Upon a verified pctition by the person assessed the fee, thc court may suspend payment of all or part of the fce if it finds that the pcrson does not have the ability to pay. (3) When a minor has been adjudicatcd a ju-.'cnile offender for an offcnsc which, if committcd by an adult, would constitute a violation of FWCC 15 31 or 15 32, thc court shall asscss thc $125.00 fec under subsection (a) of this section. Upon a verified petition by a minor assessed thc fcc, thc court may suspcnd payment of all or part of the fee if it finds that thc minor does not havc thc ability to pay the fee. (b) The fee assessed undcr subscction (a) of this section shall bc collected by the clerk of the ORD# , PAGE 7 court and distributed as follmvs: (1) Forty percent shall be subject to distribution undcr RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070. (2) If the case inyolvcs a blood test by thc Statc Toxicology Laboratory, thc remainder of the fcc shall bc forv¡ardcd to thc Statc Treasurcr for dcposit in thc dcath invcstigations account to be used solcly for funding the State Toxicology Laboratory blood testing program. (3) Othcr.visc, the remainder of the fcc shall bc forv.arded to thc Statc Treasurer for deposit in the state patrol highway account to be used solely for funding the Washington State Patrol brcath tcst program. Section 6. Article II, Section 15-39 is repealed as follows: 15 39 Treatment. (a) A pcrson subject to alcohol assessment and treatment under this act shall be required by the court to eomplcte a course in an alcohol information school approvcd by the Washington State Department of Social and Health Services or to complete more intensive treatment in a program approved by thc ',vashington State Department of Social and Health Services, as determined by the court. The court shall notify the Washington State Department of Licensing whenever it orders a person to complete a course or treatment program under this scetion. (b) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the Washington State Department of Social and Health Scniees or a qualified probation department approvcd by the 'Vashington State Dcpartment of Social and Health Services. ^ copy of the rcport shall be forwarded to the ORD# , PAGE 8 WashiHgton State Dcpartment of Liccnsing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complcte a course in an alcohol information school approved by the 'Nashington State Department of Social and Health Services or more intensive treatment in a program approved by the Washington State Department of Social and Health Serliees. (c) Standards for approval for alcohol treatment programs shall be prcscribcd by the Washington State Department of Social and Health Services. Thc Washington State Dcpartmcnt of Social and Health Services shall periodically review thc costs of alcohol information schools and treatmcnt program3. (d) Any agency that proyides treatment ordered under La'Ns 1994, Chapter 275, Section 4, 5 or 6, shall immediately report to the appropriate probation departmcnt where applicable, othcr.iÎsc to the court, and to thc 'tV a3hington State Department of Licensing any noncompliance by a person vlÏth the conditions of his or her ordered treatment. The eourt shall notify the Washington State Department of Lieensing and the \Vashington Statc Department of Social and Health Serviees or any failure by an agency to so report noncompliance. Any agency with knowlcdge of noncompliancc that fails to so report shall be fined $250.00 by the V/ashington State Department of Social and Health Services. Upon three such failures by an agency within one year, the Wa3hington State Department of Social and Health SeriÌces shall revoke the agency' s approval under this section. (e) The Washington State Department of Licensing and the Wa3hington State Department of Social and Health Services may adopt such rules a3 are necessary to carry out this ORD# , PAGE 9 scction. Section 7. The following new section is added to Article III: Parking Privileges for Disabled Persons. The following state statutes. including all future amendments. additions or deletions. are adopted by reference: (a) RCW 46.16.381. Special parking privileges for disabled persons - Penalties- Enforcement. (b) RCW 46.16.581. (c) The Department of Public Safety may appoint volunteers to enforce the parking laws for disabled persons as set forth in RCW 46.16.381(13) as currently written. or amended in the future. Section 8. 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. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this , 2001. day of ORD# , PAGE 10 ATTEST: CITY OF FEDERAL WAY MA YOR, MICHAEL PARK CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\chapter 15update Revised 4/16/01 ORD# , PAGE 11 MEETING DATE: June 5, 2001 ITEM# ~(b) ----.-"""..-.-----""". --....................-.....-...-------.-------... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Request to Amend Federal Way City Code, Administration, Chapter 2 CATEGORY: BUDGET IMPACT: D CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS IZI ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ...............--.-.....-..--.-...-.-.....-....-...................................-.........-........ ............ ...........................--. ..........-........-..-...--. -.-..-................ . ......... A TT ACHMENTS: Memo from Chief Kirkpatrick to the Parks, Recreation, Human Services and Public Safety Committee regarding the request to amend Federal Way City Code, Administration, Chapter 2 and the proposed amended ordinance. .........-.........................................-...... ......"'......."'....."""......"'."'......."'...... ......................................... .............................................. SUMMARY/BACKGROUND: Pursuant to the Administration Code, Chapter 2, of the City of Federal Way, which was last revised in 1996, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Administration Code to reflect amendments, additions, or deletions exhibited in the state <utes, the Revised Washington Code (RCW). The purpose of this amendment is to bring current the City Administration Code, Chapter 2 that was adopted by the Federal Way City Council in 1990 and accordingly will require modifications including adding a new section titled Limited Commission Officers to Article IV, Officials, Officers and Employees. Police Support Officers will be given limited commission to allow for specific law enforcement. With the limited commission authorization, Police Support Officers will target vehicle impounds, issuance of civil infractions, arrest of escaped prisoners and/or suspects while transporting prisoners and/or suspects to jail, and investigate, arrest and assist in traffic accidents. As authorized by the following state statutes: 1. RCW 46.55.080, Law enforcement impound, private impound, etc. (1) If a vehicle is in violation of the time restrictions ofRCW 46.55.010(13), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction, etc. 2. RCW 7.80.040, "Enforcement officer" defined. As used in this chapter, "enforcement officer" means a person authorized to enforce the provisions of the title or ordinance in which the civil infraction is established. 3. Infraction Rules for Courts of Limited Jurisdiction (IRLJ): Rule 1.2 Definitions, (j) "Citing Officer" means a law enforcement officer or other official authorized by law to issue a notice of inffaction. Rule 2.2 Initiation of Infraction Cases, (b) Who May Issue, etc., (1) By a citing officer. (2) By the prosecuting authority. (c) Service of Notice. A notice of infraction may be served either by: (1) The citing officer serving the notice of infraction on the person, etc., (2) The citing officer affixing to a vehicle in a conspicuous place the notice of a traffic infraction, etc., (3) The citing officer or the prosecuting authority filing the notice of infraction with the court, etc. 4. WAC 308-330-230, Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to arrest, and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. The adoption of this ordinance is in the best interest of the citizens of Federal Way and supports the City Council's desire to maximize law enforcement traffic civil assessment -------.--....--.-.--------..------.---- - -------.---...---.-....------- -------.--.-----------.--.-------------.--.---.--.---.--..--.---.---...---.----.--.----------...-----.-------------.--------- -.--.--------.------.----------.-----..--------.--...--------- CITY COUNCIL COMMITTEE RECOMMENDATION: At the May 14,2001 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed amendments be forwarded to the City Council for consideration at its June 5, 2001 meeting. --------------..----------.-.------------ ------.----------...-..------ ------.-------.--.------------.------.-------..---------....-.--.---..--------.-----.-----------------.----------------------.-.---.--------.-------.--.----.-.--.----..- --.----------...-.-----.--.------------.-----..----.----.-.-----.-...-.--.-.----------.---.---. PROPOSED MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on June 19,2001. CITY MANAGER APPROVAL: 0- ~ - .---.-. - --.--- -....----- .---------....--.- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLEDillEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ';:¿/! REVISED - 05/10/2001 Item 5.D City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: May 14, 2001 To: Parks, Recreation, Human Services & Public Safety Council Committee Subject: Anne Kirkpatrick, Chief of Police..7 L. -1{~ LA'~ David MO~anager Request to Amend Federal Way City Code, Administration, Chapter 2 From: Via: Background: Pursuant to the Administration Code, Chapter 2, ofthe City of Federal Way, which was last revised in 1996, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Administration Code to reflect amendments, additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW). The purpose ofthis amendment is to bring current the City Administration Code, Chapter 2 that was adopted by the Federal Way City Council in 1990 and accordingly will require modifications including adding a new section titled Limited Commission Officers to Article IV, Officials, Officers and Employees. Police Support Officers will be given limited commission to allow for specific law enforcement. With the limited commission authorization, Police Support Officers will target vehicle impounds, issuance of civil infractions, arrest of escaped prisoners and/or suspects while transporting prisoners and/or suspects to jail, and investigate, arrest and assist in traffic accidents. As authorized by the following state statutes: 1. RCW 46.55.080, Law enforcement impound, private impound, etc. (I) If a vehicle is in violation of the time restrictions of RCW 46.55.010(13), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction, etc. 2. RCW 7.80.040, "Enforcement officer" defined. As used in this chapter, "enforcement officer" means a person authorized to enforce the provisions of the title or ordinance in which the civil infraction is established. 3. Infraction Rules for Courts of Limited Jurisdiction (IRLJ): Rule 1.2 Definitions, (j) "Citing Officer" means a law enforcement officer or other official authorized by law to issue a notice of infraction. Rule 2.2 Initiation oflnfraction Cases, (b) Who May Issue, etc., (1) By a citing officer. (2) By the prosecuting authority. (c) Service of Notice. A notice of infraction may be served either by: (I) The citing officer serving the notice of infraction on the person, etc., (2) The citing officer affixing to a vehicle in a conspicuous place the notice of a traffic infraction, etc., (3) The citing officer or the prosecuting authority filing the notice of infraction with the court, etc. i/lc/agenda/ps/200 1 /05140 1/ch2ltdcommissionedofcsamend.doc PRHS&PS Hearing May 14,2001 Page 2 of 2 4. WAC 308-330-230, Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to arrest, and to assist in the prosecution ofthose persons charged with violations of law causing or contributing to such accidents. The adoption ofthis ordinance is in the best interest ofthe citizens of Federal Way and supports the City Council's desire to maximize law enforcement. Attached is the amended ordinance. Committee Recommendation: Motion to approve and adopt this ordinance amending the City of Federal Way Administration Code, Chapter 2, and forward to full Council for consideration at its June 5, 2001 meeting. i/lc/agenda/ps/200 1/05140 1/ch21tdcommissionedofcsamend.doc DRAFT q z-c¡(ð ( ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW SECTION TO CHAPTER 2 AUTHORIZING LIMITED COMMISSIONED OFFICERS TO ISSUE INFRACTIONS, IMPOUND UNAUTHORIZED VEHICLES, ARREST PRISONERS AND/OR SUSPECTS WHO ESCAPE DURING TRANSPORT, AND INVESTIGATE, AND ASSIST IN TRAFFIC ACCIDENTS. WHEREAS, RCW 46.55.080 provides that the City Council may authorize a public official to impound unauthorized vehicles as defined in RCW 46.55.010(13) as currently codified or hereafter amended; and WHEREAS, the RCW 7.80.040 and court rules of limited jurisdiction for infractions 1.2(j), 2.2(b) and 2.2(c) as currently codified or hereafter amended authorize a commissioned law enforcement officer or other authorized public official to issue a notice of infraction; and WHEREAS, the Washington Model Traffic Ordinance 308-330-230 and Federal Way City Code 15-1 authorize non-commissioned employees of the Department of Public Safety to investigate traffic accidents, and assist in the prosecution of those charged with violating the law or contributing to such accident; and WHEREAS, the Department of Public Safety transports prisoners and/or suspects to jailor to court; and WHEREAS, the Department of Public Safety employs Police Support Officers, whom have received training but are not commissioned to enforce any laws; and , PAGE 1 ORD# WHEREAS, the City Council desires to maximize the law enforcement in the City by authorizing limited commission officers to issue infractions, impound unauthorized vehicles, arrest prisoners and/or suspects who escape during transport and investigate, and assist in traffic accidents; and WHEREAS, the City Council finds that it would be in the best interest of the City to bestow a limited commission on the Police Support Officers to allow them to issue infractions, impound unauthorized vehicles, arrest prisoners and/or suspects who escape during transport and investigate, and assist in traffic accidents; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The following new section is added to Article IV of Chapter 2 of the Federal Way City Code: Limited Commission Officers. Police Support Officers shall have the limited authority to: (a) Impound unauthorized vehicles pursuant to RCW 46.55.010(13) as currently codified or hereafter amended, and pursuant to any ordinance adopted under RCW 46.55.113; (b) Issue civil infractions as set forth in Title 7.80 RCW, IRLJ 1.2(j), 2.2(b) and 2.2(c) as currently codified or hereafter amended; and (c) To arrest prisoners and/or suspects who escape while being transported by Police Support Officers. (d) To investigate, and assist in traffic accidents. Section 2. Severability. The provisions of this ordinance are declared separate and ORD# , PAGE 2 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 thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this , 2001. day of CITY OF FEDERAL WAY MA YOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC , PAGE 3 ORD# APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORD\limitedcommission Revised 4111101 , PAGE 4 ORD# MEETING DATE: June 5, 2001 ITEM# -Jl7TrJ.O-) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Ordinance Authorizing Car Impound for Driving With a Suspended or Revoked License CATEGORY: BUDGET IMPACT: _CONSENT ..x ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Draft ordinance, Memo from City Attorney Bob C. Sterbank to Council, Memo from Chief Kirkpatrick to the PRHSPS Committee SUMMARY/BACKGROUND: In 1998, the Legislature adopted certain findings concerning the threat to 'ublic safety posed by drivers with suspended and/or revoked drivers' licenses. Along with those findings, the Legislature through RCW 46.55.113 authorized Washington cities and towns to impound vehicles of drivers arrested for driving with a suspended or revoked license - - but only after adoption of an ordinance providing for such impoundment. Other Puget Sound cities, including Seattle, have adopted impoundment ordinances. Their experience demonstrates that impoundment ordinances reduce the rate of driving while suspended or revoked (DWLS) crimes, reduces the rate of recidivism or repeat DWLS crimes, and reduces jail costs. Based on this outcome elsewhere, the City Manager's jail cost reduction task force prepared an impound ordinance. A draft ordinance is attached, along with a memorandum from City Attorney Bob C. Sterbank explaining the mechanics of the ordinance. CITY COUNCIL COMMITTEE RECOMMENDATION: On May 14,2001, the PRHSPS Committee recommended that the proposed impound ordinance be forwarded to the City Council for consideration. CITY MANAGER RECOMMENDATION: I move that the proposed impound ordinance be moved to second readin for a roval and ado tion at the next re u mee in of the Cit Council on June 19, 2001. (BELOW TO BE COMPLETED BY CfT APPROVED FOR INCLUSION IN COUNCIL PACKET: COUNCIL ACTION: APPROVED DENIED - T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ~7~ k:\agnditem\impound.doc Item 5.E City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: May 14, 2001 Parks, Recreation, Human Services & Public Safety Council Committee A;;I-if::: ~ Chief of Police David ~nager Request to Add a New Article to Chapter 15 of the Federal Way City Code, Authorizing Impoundment of Vehicles Driven by Suspended or Revoked Drivers To: From: Via: Subject: Backeround: Pursuant to the Traffic and Vehicles Code, Chapter 15, of the City of Federal Way, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Traffic and Vehicles Code to reflect amendments, additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW). The purpose of this addition is to bring current the City Traffic and Vehicles Code, Chapter 15 that was adopted by the Federal Way City Council in 1990. In Washington Laws 1998, Chapter 203, section 4, the Legislature adopted certain findings concerning the threat to public safety posed by drivers with suspended and/or revoked driver's licenses. The Legislature through RCW 46.55.113 authorizes Washington cities and towns to adopt ordinances providing for impoundment of vehicles of drivers arrested for driving with a suspended or revoked license. The ordinance will empower the police to impound vehicles for individuals arrested driving with a suspended or revoked license. This ordinance will also serve as a deterrent to offenders who drive without a valid license, and the impoundment period will increase with the severity of the offense increasing the cost to the violator to retrieve their vehicle. The outcome will be an ordinance which penalizes the offender, removes the use of the vehicle to re-offend, increase public safety, reduce jail costs to the city and the Citizens of Federal Way. Attached is the amended ordinance. Committee Recommendation: Motion to approve and adopt this addition to the ordinance amending the City of Federal Way Traffic and Vehicles Code, Chapter 15, and forward to full Council for consideration at its June 5, 2001 meeting. ildib/agenda/Agenda Bill Impound of Vehicles DWLS5-8-01.doc ORDINANCE NO. DRAFT o/2-o/ð/ AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW ARTICLE TO CHAPTER 15 OF THE FEDERAL WAY CITY CODE AUTHORIZING IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED OR REVOKED DRIVERS. WHEREAS, in Washington Laws 1998, Ch. 203, section 4, the Legislature adopted certain findings concerning the threat to public safety posed by drivers with suspended and/or revoked drivers' licenses and, in order to protect public safety, the need to provide authorization to local governments to impound any vehicle when it is found to be operated by a driver with a suspended or revoked license; and WHEREAS, RCW 46.55.113 authorizes Washington cities and towns to adopt ordinance providing for the impoundment of vehicles of drivers arrested for driving with a suspended or revoked license; and WHEREAS, the City of Federal Way City Council does hereby adopt by reference the findings contained in Washington Laws 1998, Ch. 203, section 4; and WHEREAS, notwithstanding the threat of criminal punishment, drivers arrested and cited for driving with a suspended or revoked license in Federal Way frequently fail to appear for court appearances, leading to the issuance of a bench warrant for their arrest and subsequent incarceration; and WHEREAS, the City of Federal Way'sjail costs have increased an average ofl04% per year from 1991 to 2000; and ORD# ,PAGEl WHEREAS, the City Council desires to exercise the authority granted it under RCW 46.55.113, to protect the public safety against the threat posed by drivers with suspended or revoked licenses, provide for immediate and certain consequences in the fonn of impoundment of vehicles driven by drivers with suspended or revoked licenses, deter future such violations, reduce the incidence of future driving while suspended violations, and halt the increase of jail costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Creation. A new article entitled: Article VIII. Impoundment of Vehicles Driven By Suspended/Revoked Drivers is added to Chapter 15 of the Federal Way City Code as follows: Section 15-220. Definitions. The following words, tenns, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Authorization means a notarized statement from a person with legal authority giving another person legal authority to act on his or her behalf. Costs of Impoundment means the costs of removal, towing and storage incurred by a registered tow truck operator in impounding a vehicle as provided for herein. Court means the Federal Way Municipal Court. Department means the Federal Way Department of Public Safety. Director means the Director of the Federal Way Department of Public Safety. DWLS 1 means RCW 46.20.342 (1) (a) or as hereafter amended. DWLS 2 means RCW 46.20.342 (1) (b) or as hereafter amended. DWLS 3 means RCW 46.20.342 (1) (c) or as hereafter amended. Local ordinance means any ordinance or statute enacted by any town, city, municipality or county regardless or what state the ordinance or statute is enacted in. , PAGE 2 ORD# NVOL / No Valid Operator's License means RCW 46.20.005. or as hereafter amended. Penalties. fines, and forfeitures mean monetary obligations in addition to costs of rem oval, towing and storage ofthe vehicle. (RCW 46.55.110). Registered tow truck operator means the towing company awarded the contract for perfonnance of impounds pursuant to FWCC Section 15-228(a), ifthe City Manager exercises his or her option to seek bidders for an exclusive towing contract, or any towing company which the Director requests pursuant to FWCC Section 15-228(b) to tow and impound vehicles. Registered tow truck operators shall hold a valid City of Federal Way business license and be registered with the State of Washington pursuant to RCW 46.55. Section 15-221. Impoundment. Whenever the driver of a vehicle is arrested for violation ofDWLS 1, DWLS 2, or DWLS 3, NVOL, or for violation of RCW 46.20.345, the vehicle is subject to impoundment at the discretion of an officer of the Department of Public Safety, by an authorized agent of the Department, or by a registered tow truck operator acting at the request of an officer or authorized agent of the Department. For purposes of this subsection, arrested includes, but is not limited to, being temporarily detained and served with a citation and notice to appear pursuant RCW 46.64.015, as now or hereafter amended. Section 15-222. Period of Impoundment. (a) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3, NVOL, or RCW 46.20.345 and the Washington Department of Licensing's records show that the driver has been convicted of a violation ofDWLS 1, DWLS 2, DWLS 3, NVOL, RCW 46.20.342 or similar local ordinance one (1) time or less within the last five (5) years, there shall be no mandatory period of impoundment and the vehicle may be redeemed subject to the provisions ofFWCC 15-224. (b) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3, NVOL, or RCW 46.20.345 and the Washington Department of Licensing's records show that the driver has been convicted two (2) or more times of a violation ofDWLS 1, DWLS 2, DWLS 3, NOVL, RCW 46.20.345 or similar local ordinance within the last five (5) years, the vehicle shall be impounded for thirty (30) days subject to the provisions ofFWCC 15-224. (c) Ifa vehicle is impounded because the driver is arrested for a violation of DWLS I or DWLS 2 and the Washington Department of Licensing's records show that the driver has not been convicted of a violation of DWLS I or DWLS 2 or similar local ordinance within the last five (5) years, the vehicle shall be impounded for thirty (30) days, subject to the provisions of FWCC 15- 224. (d) If a vehicle is impounded because the driver is arrested for a violation of DWLS I or DWLS 2 and the Washington Department of Licensing's records show that the driver has been , PAGE 3 ORD# convicted one (1) time ofa violation ofDWLS lor DWLS 2 or similar local ordinance within the last five (5) years, the vehicle shall be impounded for sixty (60) days, subject to the provisions of FWCC 15-224. (e) Ifa vehicle is impounded because the driver is arrested for a violation ofDWLS lor DWLS 2 and the Washington Department of Licensing's records show that the driver has been convicted two (2) or more times of a violation ofDWLS 1 or DWLS 2 or similar local ordinance within the last five (5) years, the vehicle shall be impounded for ninety (90) days, subject to the provisions of FWCC 15-224. (f) Notwithstanding the provisions of subsections (a) - (e) of this section, a rental car business may immediately redeem a rented vehicle it owns by payment ofthe administrative fee and costs of impoundment, whereupon the vehicle will not be held for the mandatory period of impoundment. The officer or authorized agent ofthe Department who directs the impound shall notify the rental car business as soon as practicable of the impound. Section 15-223. Notice of Impoundment. (a) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following: (1) the name of the impounding registered tow truck operator, its address, and telephone number; (2) the location and time ofthe impound, and by whose authority (including the name of the officer or authorized agent of the Department) the vehicle was impounded; (3) the mandatory period of impoundment under Section 15-222; and (4) a form, approved by the City, which describes the right to and process for vehicle redemption requirements as set forth in Section 15-224, and which describes the process of Section 15-225 for contesting an impound or the costs of impoundment. (b) Not more than twenty-four (24) hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy of the notice described in subsection (a) of this section by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number and/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the Municipal Court. If the registered tow truck operator wishes to request that the person seeking redemption of the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound pay a security deposit to the registered tow truck operator of not more than one-half of the applicable impound storage rate for each day ofthe proposed period of impoundment, as set forth in Section 15- 222, to ensure payment of the costs of impoundment. The notice shall state that if the security ORD# , PAGE 4 deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. (c) The registered tow truck operator or the Department of Public Safety, as applicable, shall provide notice as described in subsection (a) of this section by first class mail to each person who contacts the Department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing fonn shall be completed by the registered tow truck operator and filed with the Municipal Court. (d) Ifthe date on which a notice required by subsection (b) ofthis section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday. Section 15-224. Redemption of impounded vehicles. Vehicles impounded by the City in accordance with this Chapter, as now or hereafter amended, shall be redeemed only under the following circumstances: (a) Only the registered owner, a person with authorization fÌom the registered owner, or one who has purchased the vehicle from the registered owner and who produces proof of ownership or authorization fÌom the registered owner and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this Chapter must, prior to redemption, establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020 and pay a $100.00 administrative fee to the Municipal Court, and obtain a receipt for release from the Municipal Court. Ifthe vehicle was impounded pursuant to FWCC 15-221 and was being operated by the registered owner when it was impounded, the Municipal Court shall not issue a receipt for release until all penalties, fines, or forfeitures owed by the registered owner have been satisfied, or a time payment agreement (in a fonn approved by the Municipal Court) has been entered into providing for the satisfaction of all said penalties, fines or forfeitures. A vehicle impounded pursuant to this Chapter for DWLS 1 or 2, or NVOL, can only be released pursuant to a written order fÌom the Court. A vehicle impounded pursuant to this Chapter for DWLS 3 may be released pursuant to the Municipal Court receipt. (b) Any person so redeeming a vehicle impounded by the City shall pay the towing contractor for the costs of impoundment prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120 (1) (b), as now or hereafter amended. (c) The Municipal Court is authorized to release a vehicle impounded pursuant to FWCC 15- 221 prior to the expiration of any period of impoundment upon petition of the spouse of the driver, or the registered owner provided the owner was not the driver, based on economic or personal hardship to such spouse, or registered owner resulting fÌom the unavailability ofthe vehicle and after ORD# , PAGE 5 consideration of the threat to public safety that may result from release of the vehicle, including, but not limited to, the driver's criminal history, driving record, license status and access to the vehicle. An individual may have only one such hardship petition granted. If such release is authorized, the person redeeming the vehicle must still satisfy the requirements ofFWCC 15-224 (a) and (b). Section 15-225. Hearing requests. Any person seeking to redeem a vehicle impounded as a result of a parking citation, traffic citation, or pursuant to FWCC 15-221 has a right to a hearing before a Municipal Court Commissioner to contest the validity of an impoundment or the amount or removal, towing, and storage charges and any administrative fee ifsuch request is made in writing, in a form approved by the City Manager and signed by such person, and received by the Municipal Court within ten (10) days (including Saturdays, Sundays, and holidays) of the date the notice was given to such person by the person impounding the vehicle or if the person seeking to contest the impound validity was not the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was mailed by the registered tow truck operator pursuant to RCW 46.55.120 (2) (a). Such hearing shall be provided as follows: (a) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under FWCC 15-221, have been satisfied, then the impounded vehicle shall be released immediately, and a hearing as provided for in FWCC 15-223 shall be held within ninety (90) days of the written request for hearing. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the ninety (90) day period. (b) If not all the requirements to redeem the vehicle, including expiration of any period of impoundment under FWCC 15-221, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to FWCC 15-223, which shall be held within two (2) business days (excluding Saturdays, Sundays and holidays) of the written request to the Municipal Court for the hearing unless good cause as to the reason(s) for any delay is shown. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the two (2) day period. (c) Any person seeking a hearing who has failed to request such hearing within the time specified in FWCC 15-223 may petition the Municipal Court Commissioner for an extension oftime to file such a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, "good cause" shall be defined as circumstances beyond the control ofthe person seeking the hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter. (d) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fees are deemed to be proper, and the City shall not be liable for removal, towing, and storage charges arising from the impoundment. , PAGE 6 ORD# (e) In accordance with RCW 46.55.240 (1) (d), a decision made by a Municipal Court Commissioner may be appealed to the Municipal Court Judge for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal within fifteen (15) days after the date of the decision of the Municipal Court Commissioner and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to appeal is waived and the Municipal Court Commissioner's decision is final. Section 15-226. Post-impoundment hearing procedure. Hearings requested pursuant to FWCC 15-225 shall be held by a Municipal Court Commissioner, who shall determine whether the impoundment was proper and whether the associated removal, towing, storage, and administrative fees were proper. (a) At the hearing, an abstract of the driver's driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver's license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, Department of Licensing vehicle registration records of the impounded vehicle are admissible without further evidentiary foundation and are prima facie evidence of the identity ofthe registered owner of the vehicle. (b) Ifthe impoundment is found to be proper, the Municipal Court Commissioner shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage) and administrative fee have not been paid or any other applicable requirements ofFWCC 15-224(a) or (b) have not been satisfied or any period of impoundment under FWCC 15-222 has not expired, the Municipal Court Commissioner's order shall also provide that the impounded vehicle shall be released only after payment to the City of any fines imposed on any underlying traffic or parking infraction and satisfaction of any other applicable requirements ofFWCC 15-224( a) or (b) and after expiration of any period of impoundment under FWCC 15-222. The Municipal Court Commissioner shall grant time payments only in cases of extreme financial need, aI'd where there is an effective guarantee of payment. In any event, time payments shall not be granted ifthe person seeking time payments had failed to fully comply with the requirement to make any time payments previously granted under this section. In the event time payments are granted, the City shall advance the costs of impoundment to the towing company. (c) Ifthe impound is found to be improper, the Municipal Court Commissioner shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the Municipal Court Commissioner shall enter judgment against the City in favor of the person who has paid the costs of impoundment in the amount of the costs ofthe impoundment. (d) In the event that the Municipal Court Commissioner finds that the impound was proper, but that the removal, towing, storage, or administrati ve fees charged for the impound were improper, the Municipal Court Commissioner shall determine the correct fees to be charged. If the costs of ORD# , PAGE 7 impoundment have been paid, the Municipal Court Commissioner shall enter ajudgment against the City and in favor of the person who has paid the costs of impoundment for the amount of any overpayment. (e) No detennination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution. (f) An appeal of the Municipal Court Commissioner's decision in Municipal Court shall be conducted according to, and is subject to, the procedures ofthis section. Ifthe Municipal Court finds that the impoundment or the removal, towing, storage, or administrative fees are improper, any judgment entered against the City shall include the amount of the filing fee. (g) As to any impoundment arising from an alleged violation under this article, if it is detennined to be improper, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records ofthe Washington Department of Licensing in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. Section 15-227. Administrative Fee. An administrative fee of$100.00 shall be levied upon each vehicle redeemed under FWCC 15-224. The fee shall be remitted to the Municipal Court. The fee shall be for the purpose of offsetting, to the extent practicable, the cost to the City of implementing, enforcing, and administering the provisions of this chapter and shall be deposited in an appropriate account. Section 15-228. Registered Tow Truck Operators - Contracts, Requirements. (a) The City Manager is authorized to seek a towing company or companies for a one or more contracts to be a City registered tow truck operator to perfonn towing and impounds pursuant to this Chapter. Award of any such contract or contracts shall be consistent with the City's adopted purchasing policies and applicable state and local laws and policies, and be approved by the City Manager or the City Council, as applicable. (b) If the City Manager detennines not to enter into a contract for registered tow truck operator services, the City Manager may authorize the Director to have any tow truck operator registered with the State of Washington perfonn towing and impounds pursuant to this Chapter. ( c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this Chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing any sale of an auctioned, impounded vehicle or transfemng title thereto, the registered tow truck operator shall first confinn with the Washington Department of Licensing (or the applicable ORD# ,PAGE 8 licensing agency of another state) that the successful bidder at the auction has a valid Washington driver's license or a valid driver's license from another state. (d) Records. (1) With respect to any sale at auction of a vehicle impounded under this Chapter, all registered tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the name, address and telephone number ofthe registered owner ofthe impounded vehicle being auctioned, as well as the name, address, driver's license number and date of driver's license expiration of each buyer. Said record shall be submitted to the Director on or before December 3151 of each calendar year. (2) A registered tow truck operator shall maintain copies of all records of all sales required pursuant to this Chapter, for at least six (6) years, and such records shall be open at all reasonable times to the inspection ofthe designated official, or his or her duly authorized designees for inspection. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereofto 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 affinned. Section 4. Effective Date. This ordinance shall take effect and be in force sixty (60) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this , 200 1. day of CITY OF FEDERAL WAY MAYOR, MIKE PARK ORD# , PAGE 9 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K: \0 RD IN\D WLSimpoundordinance6 .doc Revised 5-7-01 ORD# , PAGE 10 CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: May 29,2001 TO: Federal Way City Council Members -v1/J Bob C. SterßrT, City Attorney FROM: SUBJECT: Proposed Impound Ordinance In 2000, the City Manager convened task force, comprised of city staff from the Law, Public Safety, and Management Services Departments, and from the Municipal Court. The task force's mission was to examine and recommend measures to halt the spiraling increases in the City's jail costs. One of the measures identified was an ordinance to authorize impoundment of vehicles of drivers arrested for driving with a suspended or revoked license. A draft ordinance was prepared by the City Attorney, and reviewed and revised by the task force. The final product is attached. The following memorandum sets forth: (1) a brief history of impounding vehicles; (2) current, local statistics as to the effectiveness of impoundment; and (3) highlights of the proposed ordinance. HISTORY Although auto use provides many benefits, auto accidents pose a large threat to public safety. In 1995, there were 6.6 million auto accidents nationwide; one third those resulted in injuries. 1 The sheer number of auto accidents highlights the need to identify and control high-risk drivers, which includes those drivers with suspended, revoked licenses. While studies show that traditional license actions (restriction / suspension / revocation) can be the most effective countermeasures for high-risk drivers, the studies also illuminates a glaring weakness in such sanctions: up to 75% of the drivers with suspended/revoked licenses continue to drive. These drivers are 3.7 times more likely to be involved in a fatal auto accident than the average driver, and thus, pose a significant traffic risk and threaten public safety. To address this problem, local jurisdictions began developing impound laws. Both Manitoba, Canada and Portland, Oregon enacted impound laws in 1989, and Santa Rosa, California enacted them in 1993. The early results of the local impound laws showed success. In addition to getting the high-risk drivers off the roads, a secondary effect of the impound laws is the reduction of the 1 See DeYoung, "An Evaluation of the Specific Deterrent Effect of Vehicle Impoundment on Suspended, Revoked and Unlicensed Drivers in California, California Department of Motor Vehicles" (1997) at iii (citing NHTSA 1996 data). Council Members Proposed Impound Ordinance May 29,2001 Page 2 of 6 recidivism rate. Portland statistics showed a 50% reduction in recidivism, while Manitoba statistics also confinned that the impound laws reduced the DWLS/DUI recidivism. Following on the heels of this success, in 1994 the California Legislature enacted two stringent bills: one providing for vehicle impoundment for thirty days when the driver is cited for DWLS, and one providing for forfeiture of a vehicle if a registered owner having a previous DUI or DWLS convictions commits a DWLS offense. A 1997 California study examined the results from four California cities (Riverside, San Diego, Stockton and Santa Barbara) that implemented the impound law. The study showed that impound laws significantly reduced recidivism. First time offenders who had their vehicle impounded were 23.8% less likely to commit a subsequent DWLS offense, and 18.1 % less likely to commit any subsequent traffic offense. Subsequent auto accidents were also reduced, by 24.7%. The recidivism effect for repeat offenders is even higher with a reduction of 34.2% DWLS offenses, 22.3% traffic convictions and 37.6% auto accidents. THE WASHINGTON EXPERIENCE The data gathered by California, both on the public safety threat posed by high-risk drivers, as well as on the success of California impound laws, prompted the Washington Legislature to act. In 1998 the Legislature found that drivers driving with suspended or revoked licenses threaten public safety and that there was a need to authorize vehicle impoundment. Accordingly, the Legislature enacted RCW 46.55.113 authorizing the impounding of vehicles, but only if the local jurisdiction first adopts an ordinance authorizing impounds. Growing DWLS caseloads, driven primarily by the recidivism of DWLS offenders, is leading many local governments in Washington to examine the feasibility of an impound ordinance under RCW 46.55.113. In Seattle, for example, prior to enactment of an impound ordinance, recidivists comprised 17% of the DWLS offender population, but committed 34% of all DWLS cases. In Federal Way, DWLS bookings make up a growing percentage of all bookings: 20% in 1998, increasing to 25% in the first half of 2000. Yet, days spent in jail by DWLS offenders accounted for 28-31 % of all jail days by Federal Way defendants over the same period. DWLS causes other problems as well. DWLS offenders often fail to appear for their court appearance. As a result, the court issues an arrest warrant. Officers subsequently arrest the offender and book himlher into jail on the outstanding arrest warrant, and then the offender spends additional time in jail awaiting trial if he/she cannot post bail. Thus, because of a high FT A rate, DWLS cases cause the City to incur additional jail costs as well as the expense of added staff time. Due in part to these factors, the City's j ail costs have increased an average of 104 % per year since 1991. Council Members Proposed Impound Ordinance May 29,2001 Page 3 of 6 Based on these statistics, Seattle and several other jurisdictions have adopted impound ordinances. These include: Fife, Richland, Island County, Yelm, Marysville, SeaTac, Roy, Mill Creek, Lakewood, Woodinville, and Kent. In particular, Seattle's statistics show that an impound ordinance is extremely effective. Seattle's recently released statistics (excerpts attached) show that compared to 1998 (prior to the impound ordinance), DWLS jail bookings have dropped by 37%, as compared to only a 5% drop in other types of bookings in Seattle. Likewise, DWLS bookings decreased 37% in Seattle, as compared to only a 5% drop in DWLS bookings in the rest of King County. Seattle's court filings for DWLS 3 decreased by 24%, and DWLS 1 and 2 dropped by 33%. Meanwhile, DWLS recidivism dropped by 50% and, accordingly, prosecutions for DWLS fell by 61 %.2 Last but certainly not least, the reduced DWLS bookings decreased jail costs: Seattle estimates that it saved $370,000 in jail costs for the years 1999 and 2000 ($170,000 for 1999, $200,000 for 2000). And, the reduced court filings allow Seattle prosecutors focus on prosecuting other crimes. PROPOSED ORDINANCE In light of Seattle's success, and the success of other jurisdictions, the City's j ail cost reduction task force developed its own ordinance. The ordinance, which incorporates the best features from ordinances from Seattle and the eleven other jurisdictions which currently impound vehicles, was reviewed by task force members and revised based on their suggestions. Impoundment Authorized The proposed ordinance authorizes (but doesn't require) officers to impound vehicles when the driver is arrested for committing first-degree Driving While License Suspended ("DWLS"), second-degree DWLS, third degree DWLS and No Valid Operator's License ("NVOL"). DWLS 1 occurs when an individual drives after having been found by the Department of Licensing to be a Habitual Traffic Offender, based on 3 or more convictions for serious driving crimes3 or 20 or more findings that the driver committed a moving traffic violation. RCW 46.20.342(1)(a). DWLS 2 is usually a result of a mandatory suspension, i.e. one-year suspension as part of a conviction for Driving Under the Influence (Dill). RCW 46.20.342(1 )(b). DWLS 3 occurs when a person drives after being suspended for failure to respond to a notice of a traffic infraction, failure to appear in court, or failure to pay court-imposed fines or obey other court- imposed conditions for traffic infractions. RCW 46.20.342(1)(c). A NVOL occurs when an individual drives after failing to obtain a driver's license whatsoever or, in certain circumstances, after his or her driver's license has been revoked. 2 See Excerpts from City of Seattle, DWLS Impound: 2000 Year End Report (May, 2001)(attached). . 3 These crimes include vehicular homicide, DUI, DWLS 2, reckless driving, or attempting to elude a police vehicle. RCW 46.65.020. Council Members Proposed Impound Ordinance May 29,2001 Page 4 of 6 hnpoundmentPeriods The proposed ordinance provides for graduated mandatory periods of impoundment, depending on the number ofDWLS violations. For example, there is no mandatory period of impoundment for an individual arrested for DWLS 3 or NVOL who has been convicted of DWLS or NOVL once or less in the last five years. However, a thirty-day mandatory period of impoundment applies when an individual is arrested for DWLS 3 or NVOL and been convicted of DWLS or NOVL two or more times within the last five years. Likewise, an individual arrested for DWLS I or 2, who has not been convicted ofDWLS I or DWLS 2 in the last five years, is subject to a thirty-day impoundment; if convicted once ofDWLS I or 2 within the last five years is subject to sixty days impoundment; and if convicted two or more times ofDWLS 1 or 2 within the last five years is subj ect to ninety days impoundment. Notice Requirements If a vehicle is impounded, the proposed ordinance requires written notice to be provided to the driver and the registered owner, if the latter is not the driver. The impounding officer must provide the name of the registered tow truck operator, its address and telephone number; the location and time of the impound and by whose authority; the mandatory impound period; and a form describing the right to and the process for redeeming the vehicle and/or appealing the impound. Within twenty-four hours the tow truck operator must mail a copy of the notice to the registered owner, if not the driver, and must file proof of mailing with the Municipal Court. If the tow truck operator desires the owner to pay a security deposit, the notice must also state that the registered owner must pay one-half of the estimated storage charges as a security deposit; pursuant to state statute, if the deposit is not paid within five days the vehicle may be auctioned. Redemption The redemption of the vehicle is limited to (1) the registered owner of the vehicle, (2) someone whom the registered owner has authorized to redeem it, or (3) someone who purchased the vehicle and provides proof of ownership. The redeeming individual must posses a valid driver's license, provide proof of ownership, pay $100 administrative fee plus towing costs, and obtain a receipt for release from the Municipal Court. If the vehicle was impounded when the registered owner was driving, the vehicle cannot be released until the registered owner pays all fines and penalties the owner may owe for other traffic infractions or crimes. Appeals A registered owner or person challenging an impound may appeal the impound to a Municipal Court commissioner, by submitting a written petition within 10 days of the date of impound. The appeal may contest either the validity of the impound, the amount of towing and storage charges, Council Members Proposed Impound Ordinance May 29,2001 Page 5 of 6 or both. The Municipal Court Commissioner's decision may be appealed to the Municipal Court Judge. Hardship Provisions The ordinance contains several "hardship" provisions designed to ameliorate its effect in difficult cases. For example, the registered owner may enter into a time payment plan with the Municipal Court, to pay back fines and penalties if necessary to secure a receipt for release. In addition, the Municipal Court may grant a hardship exception to the mandatory period of impoundment, upon receipt of a petition from the spouse of the driver, or the registered owner if the owner was not the driver, demonstrating economic and personal hardship stemming from the unavailability of the vehicle. Finally, following an appeal - even an unsuccessful appeal - the Municipal Court may grant a time payment plan in cases of extreme financial need, and where there is an effective guarantee of payment. In the event time payments are granted, the City will advance the costs of impoundment to the towing company, and be reimbursed by the owner through the time payments. Tow Truck Company Registration Requirements The proposed ordinance authorizes the City Manager to pursue contracts with one or more tow truck companies. Tow truck operators providing service under the proposed ordinance must be registered with the State. And, before auctioning any impounded vehicles, they must confirm with Department of Licensing that the individual purchasing the auctioned vehicle has a valid driver's license. They must also record (1) the date of sale, (2) the vehicle identification number of the vehicle, (3) the name and address of the registered owner, and (4) the name, address, driver's license number and expiration date of the purchaser. The tow truck operator must maintain the records for six years and allow the City to inspect them at its request. RECENT SUPERIOR COURT DECISION CONCERNING CITY OF SEATTLE IMPOUND ORDINANCE The City of Seattle's impound ordinance was recently the subject of a court challenge, heard before Superior Court Judge Michael Trickey. In that case, defendants in five DWLS cases challenged the impound of their vehicle as excessive fines in violation of the 8th Amendment of the u.S. Constitution, as a denial of due process under the 14th Amendment ofthe U.S. Constitution, and as an improper seizure in violation of Article 1, Section 7 of the Washington Constitution. Judge Trickey denied the appeals' federal constitutional challenges, but upheld the challenge to the impounds as improper seizures in violation of the Washington Constitution. A copy of Judge Trickey's order is attached. Council Members Proposed Impound Ordinance May 29,2001 Page 6 of 6 Specifically, Judge Trickey ruled that an impound is a "seizure" because it involves the governmental taking of a vehicle into its exclusive custody. According to Judge Trickey, seizures must be "reasonable," i.e., the impounding officer must make a reasonable inquiry as to alternatives to impoundment, by "minimally attempt[ing], if feasible, to obtain a name from the driver of someone in the vicinity who could move the vehicle. . . ." Prior to entry of the final decision, the City of Seattle apparently informed the Court that it would appeal if the ruling was adverse to the City. Judge Trickey therefore included in his order a "stay" of all aspects of his order pending the outcome of the City's request for discretionary review by the Court of Appeals. This means that City of Seattle officers are not required to make an attempt to locate another driver before impounding a car. And, in fact, we understand that Seattle will continue to enforce its ordinance pending any Court of Appeals decision prohibiting enforcement. Given the stay included in Judge Trickey's order, the Federal Way City Council may proceed with adoption of the impound ordinance. This is because, in part, the ordinance authorizes but does not require officers to impound vehicles. Upon adoption, the City Manager and Public Safety Director will have several options: (1) implement the ordinance pending any decision from the Court of Appeals, in the same manner that Seattle continues to implement its ordinance; (2) implement the ordinance, but direct officers to make a minimal attempt to locate another driver before impounding; or (3) refrain from implementing the ordinance at all until a final decision from the Court of Appeals, which could take up to 18 months. CONCLUSION The proposed impound ordinance is a proven means to reduce DWLS crimes in Federal Way, protect public safety by keeping suspended and revoked drivers off the road, reduce the City's jail costs, protect the rights of individuals whose vehicles are impounded, and provide reasonable means for vehicle redemption. cc: David Moseley, City Manager K:ICOUNMEMOIImpoWldord . . ,; AN EVALUATION OF THE SPECIFIC DETERRENT EFFECT OF VEHICLE IMPOUNDMENT ON SUSPENDED, REVOKED AND UNLICENSED DRIVERS IN CALIFORNIA By David J. DeYoung November 1997 ",' " Research and Development Branch Licensing Operations Division California Department of Motor Vehicles RSS-97 -171 REPORT DOCUMENTATION PAGE Fonn Approved OMB No. 0704-0188 Public reporting burden for 1his collection 01 information is estimated to _rage 1 hour per response. including the time lor reviewing instructions. seard1ing existing data sources. gathering and maintaining the data needed. and completing and reviewing the collection oIlnfonnation. Send comments regarding this bunlen estimate or any other aspect or ttôs coleClion 01 Wonnation. including suggestions lor reducing this burden. to Waslùngton Headquarters Senrices. Directorate lor Information OperationS end Reports. 1215 Jefterson DaviS Highway. Slile 1204. Attington. VA 22202- 4302. and to 1\18 Office 01 Management and Budget. Paperwork Reduction Proect (0704-0188). Waslùngton. ~ 20503. 1. AGENCY USE ONLY (Leave blank) 12. REPORT DATE 13. REPORT TYPE AND DATES COVERED November 1997 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS An Evaluation of the Specific Deterrent Effect of Vehicle Impoundment on suspended, Revoked and Unlicensed Drivers in California 6. AUTHOR(S) - David J. DeYoung 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION California Department of Motor Vehicles REPORT NUMBER Research and Development Section RSS-97-171 P.O. Box 932382 Sacramento, CA 94232-3820 9. SPONSORINGIMONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORINGIMONITORING AGENCY REPORT NUMBER 11. SUPPLEMENTARY NOTES 12a. DISTRIBUTION/AVAILABILITY STATEMENT 12b. DISTRIBUTION CODE 13. ABSTRACT (Maximum 200 words) While license suspension/revocation has been shown to be effective, it is also known that most suspended/revoked (SIR) drivers violate their illegal driving status and continue to drive, accruing traffic convictions and becoming involved in crashes. In an attempt to strengthen license actions and to better control SIR and unlicensed drivers, California enacted two laws effective January 1995 which provide for the impoundment/forfeiture of vehicles driven by SIR and unlicensed drivers: The current study evaluates the impact of vehicle impoundment on the I-year subsequent driving behavior of SIR and unlicensed drivers who are subject to it. The results show that drivers with no prior convictions for driving while SIR or unlicensed whose vehicles are impounded have, relative to similar drivers whose vehicles were not impounded: 23.8% fewer driving while suspended (DWS)/driving while unlicensed (DWU) convictions; 18.1 % fewer traffic convictions, and; 24.7% fewer crashes. These group differences are even larger for repeat DWSIDWU offenders. Repeat offenders who are impounded have 34.2% fewer DWSIDWU convictions, 22.3% fewer traffic convictions and 37.6% fewer crashes. These findings provide strong support for impounding vehicles driven by SIR and unlicensed drivers. 14. SUBJECT TERMS 15. NUMBER OF PAGES Vehicle impoundment/forfeiture, suspended/revoked drivers, unlicensed 47 drivers, traffic convictions, crash rates 16. PRICE CODE 17. SECURITY CLASSIFICATION 18. SECURITY CLASSIFICATION 19. SECURITY CLASSIFICATION 20. LIMITATION OF ABSTF OF REPORT OF THIS PAGE OF ABSTRACT Unclassified Unclassified Unclassified NSN 7540-01-280-5500 Standard Form 298 (2-89) Prescribed by ANSI SII1. ~18 298-102 PREFACE-- This report is the final product of an evaluation of the speåfic deterrent effects of ve~cle impoundment on suspended/revoked and unlicensed ßrivers in California. It is part of a larger project funded by the National Highway Traffic Safety A4ministration (NHTSA) which is being jointly undertaken by the California Department of Motor Vehicles (DMV) and the National Public Services Research Institute (NPSRI). The report was prepared by the Research and Development Branch of the DMV under the administrative direction of Raymond C. Peck, Chief. The opinions, findings and conclusions expressed in the report are those of the author and not necessarily those of NHTSA, NPSRI or the State of California. 1 ACKNOWLEDGMENTS A number of individuals made valuable contributions to this project, and the a~thor would like to acknowledge and express appreciation ~or their efforts. The study would not have been possible without vehicle impoundment data provided by police departments and courts. The following individuals were instrumental in providing these data: Connie Weiman, Stockton Police Department; Bea Gin, Stockton Municipal Court; Sergeant Steve Moss and Fiona Greenhalgh, San Diego Police Department; Marita Ford and John Moore, Riverside County Superior and Municipal Courts; Cyndy Ellis, Riverside Police Department, and; Charlene French and Christine Nail, Santa Barbara Police Department. Raymond C. Peck, Chief of the Research and Development Branch, provided general direction, and Clifford J. Helander, Research Manager I, supervised this study. Both individuals made valuable contributions to the content, methodology and analysis of this study, and the author appreciates their expertise and efforts. The author would also like to thank Eileen Vicedo, student assistant, for her diligent and intelligent work to match incoming data from police departments and courts to driver record data at DMV. Thanks are also extended to Debbie McKenzie, Associate Governmental Program Analyst, for preparing the tables and figures in the report, and for coordinating its production. 11 EXECUTIVE SUMMARY Background The automobile is the primary mode of transportation in the United States, and while it offers the benefits of convenience and quick mobility, crashes involving autos exact a high societal toll and present a major public health problem. In 1995, there were more than 6.6 million motor vehicle crashes in the United States, with about one-third resulting in injury (NHTSA, 1996). One avenue that has been pursued to ameliorate the crash problem in the United States is to identify and better control high risk drivers, typically through sanctions applied by the courts or law enforcement. Sanctions traditionally prescribed for high-risk drivers include fines, license actions (restriction/suspension/revocation), jail, community service, and alcohol treatment (and more. recently ignition interlock). for alcohol-involved problem drivers. Studies examining the effectiveness of these sanctions have consistently found that license actions (plus alcohol treatment for drivers convicted of driving-under-the-influence [DUI]) are some of the most effective countermeasures available for reducing the subsequent crash and traffic conviction rate of high-risk drivers (DeYoung, 1997; Peck, 1991; Peck & Healey, 1995; Wells-Parker, Bangert-Drowns, McMillen & Williams, 1995). While license actions, particularly suspension/revocation, are effective, it has been recognized for some time that they have significant limitations. . Perhaps their major weakness is that they don't fully incapacitate the driver-as many as 75% continue to drive during their period of license suspension/revocation (Hagen, McConnell & Williams, 1980; van Oldenbeek & Coppin, 1965). And; while research has shown that suspended/revoked (S/R) drivers drive less often and more carefully during their period of license disqualification (Hagen et a1., 1980; Ross & Gonzales, 1988), it has also been shown that they still pose an elevated traffic risk; DeYoung, Peck and Helander (1997) found that SIR drivers in California have 3.7 times the fatal crash rate as the average driver. So, while license suspension/revocation. is one of the most effective countermeasures currently available to attenuate the traffic risk posed by problem drivers, it is clear that there is considerable room for improvement. One relatively recent approach to strengthen license actions, and also to incapacitate SIR and ill California's impoundment/forfeiture laws are the first to attempt such sanctions on a large scale; there are about one million drivers in the state who are suspended/revoked at any given time, and another estimated one million who are ~icensed. The few rigorous studies of vehicle-based sanc~ons that have been conducted to date examine these sanctions undertaken on a relatively limited scale. The current study evaluates California's large-scale attempt at vehicle impoundment, and is designed to provide useful information to policy makers so that informed decisions on traffic safety can be made. This study is part of a joint project funded by NHTSA, which is being undertaken by the California Department of Motor Vehicles (DMV) and the National Public Services Research Institute (NPSRI). The California DMV has primary responsibility for the current study, which evaluates how impounding vehicles affects the subsequent driving behavior of SIR and unlicensed drivers who experience this sanction, as well as a follow-up study, which will examine the effects of impoundment on all SIR and unlicensed drivers in California, regardless of whether their vehicles are impounded. Research Methods Because there is no centralized database containing information on vehicles that have been impounded, it was necessary to rely on police departments and courts to provide this information. Four jurisdictions (Riverside, San Diego, Stockton and Santa Barbara) that had record systems which would allow impoundment data to be linked to driver record data in the DMV database were selected for inclusion in the study. This study compares the I-year subsequent driving records of subjects whose vehicles were impounded with similar subjects (i.e., SIR and unlicensed drivers) who would have had their vehicles impounded, but who did not because their driving offense occurred in .1994, the year before the impoundment/forfeiture laws were implemented. Because it was not feasible to randomly assign subjects to impound or no-impound groups, statistical controls were used to attempt to control potential biases resulting from pre-existing differences between the groups. While statistical techniques, such as the analysis of covariance (ANCOV A) used in this study, help control bias, they do not ensure that all sources of bias have been v Import~tly, the effects of v~hicle impoundment on subsequent DWS /DWU convictions are not oruy statistically significant, they are also large enough to be meaningful from a policy perspective. For first offenders in the impound group, the I subsequent DWS /DWU conviction rate is 23.8% lower than the first offender i I control group rate, and for repeat offenders it is 34.2% lower: These findings are \ similar to those found for civil forfeiture in Portland Oregon (Crosby, 1995), and for ¡ ve~icle immobilization (Voas et al., 1997) and impoundment (Voas et aL, in press) in Ohio, and thus provide further evidence that such vehicle-based sanctions can lower recidivism rates of suspended/revoked and unlicensed drivers. Subsequent total traffic convictions The overall ANCOV A analysis demonstrated that drivers whose vehicles were impounded had a lower average rate of subsequent total traffic convictions than drivers who did not lose their vehicles, and that this difference was highly statistically significant. The analysis also showed that this lower rate of subsequent traffic convictions for impound versus control group drivers was greater for repeat offenders than for first offenders, although this finding approached but did not quite reach conventional levels of statistical significance. These results are portrayed in Figure 2 below. .7 V) E-<Z ZO .6 ~...... ;:J t; .5 a...... ~> v)z .4 ~O V) U .3 C:::::U . < £L: .2 ~~ :;: ~ .1 . E-< ----. ..-------------- . Control Impoundment - - .- - .0 First offender Repeat offender OFFENDER LEVEL Figure 2. Adjusted subsequent traffic convictions for vehicle impoundment versus control groups, by number of prior DWS/DWU convictions. VIl The findings from the analysis of subsequent crashes, like those from the other two outcome measures previously described, are of a sufficient magnitude to be both statistically significant and also to have important policy implications. First offenders who have their vehicles impounded have 24.7% fewer subsequent crashes th~ first offenders in the control group, while repeat offenc!ers in the impound group have 37.6% fewer crashes than their counterparts in the control group. These findings, considered along with those evaluatirlg the effects of vehicle impoundment on traffic convictions, strongly suggest that this countermeasure has a substantial effect in improving traffic safety. Conclusion The findings reported here provide strong support for impounding vehicles driven by suspended/revoked and unlicensed drivers. They add weight to a small but growing body of evidence that vehicle-based sanctions, whether they involve immobilizing vehicles for a period of time through such devices as a "club" on the vehicle's steering wheel, or whether they consist of simply seizing and impounding vehicles, are an effective means for controlling the risk posed by problem drivers. It is especially noteworthy that vehicle impoundment appears to be even more effective with repeat offenders, a group whose high-risk driving has traditionally been resistant to change. Information obtained from a survey of law enforcement agencies in the state has shown that while vehicle impoundment has been widely implemented, forfeiture is simply not being used on any significant scale; thus, this study is really a study of vehicle impoundment, not vehicle forfeiture. While concern has been expressed about the failure of California law enforcement agencies and courts to utilize vehicle forfeiture, in the end this lack of utilization of forfeiture may not matter much. Impounding vehicles is having a substantial positive effect iri California, and if Crosbýs (1995) findings in Oregon hold in California as well, going the extra step of forfeiting vehicles may not produce much added benefit. IX --- OWLS Booking and Jail History 1998 1999 2000 Jan - Dee Jan - Dee Jan - June OWLS Bookings 520 754 440 Total Bookings 2,613 3,435 1,770 OWLS as % of Total 20% 22% 25% OWLS Jail 3,762 6,655 2,938 Total Jail 13,607 21,125 9,349 OWLS as % of Total 28% 32% 31% ~ ~ \C D \C rJJ co (C ~ ~ ~ ..... (C D ~ .. ~ = \IQ \C (j \C \C 0 . ~ ~ ~ ..... . rJJ (C ~ ~ N ~ ..... = (C = = Bookings ~ N ~ .¡;;.. u. 0\ ====== ====== ======= ... ... ... ... II .. .. .. . . . I 4262 ~ 5174 II! II! 3556 I I 5382 I I I 2696 I I 4911 I II! I ,,-...... ~~ ~~ ~ rJ1 ~~ ~ ~ -. 0 ....... ~CO 5. 0 \IQ 0 (j~ 0 = §C1Q ~ ~ ~ MRY.15.2000 8: 32RM SER CITY RTTORNEY OFFICE NO. 270 P.2 DEe r. I ~ , r' ,.., . \ - :... I ',' ...~, t.: 1 n I H4 Y '5 PM ,; 5 it , Pi I N ~ì c~) t} N r 'r' 5UPt.~IPR COURY CLERK ~E.A.TTlí.'.¡:..¡^ 2 3 4 5 To be presented: 5/15/01 1:30 p.m. Hon. M. TrickeylE912 6 7 8 IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON KING COUNTY 9 10 EDNA BERRY, ) No. 99-2-23213-5 SEA LEEROY COLE~ ) No. 99..;2-23209-7 SEA ALFRED JONES, ) No. 99-2-23205-4 SEA MARY JONES, ) No. 99-2~2j208-9 SEA and ) and CLARENCE SCOTT. ) No. 99-2..23207-1 SEA ) Appellants, ) *c.! Ub'UJJ ORDER ) ONRALJ~ . VB. ) p~' . ~ ) CITY OF SEA TILE. ) l..l1Vk'.s Peck""" ~(/.:.....p M(hI ) Responóent. ) , ) 11 12 13 14 15 16 17 18 HA VIN G REVIEWED the record of proceeding$ below and having considered the written and oral arguments of the parties, pursuant to RAlJ 9.1 (g), the Court decides these 19 20 appeals as follows. 21 SUMMARY OF DECISION 22 23 These appeals are granted. -1.. !.AII' GfP11'Ø1 0' THE PUSI...IC De:~NO'" a 10 THI~Þ "'V~I'IU!: 8T11 P'"OCPI. CEHTR"L BUtL.PII'IG IIIi;A1T\.£. W~SHI"'OTCIN !:Ie I 001 &oe.0I47-:!IQOC MAY. 15.2ØØØ 8:32AM SEA CITY ATTORNEY OFFICE NO. 270 P.3 1 The Court finds that these impoundments were Dot-excessive fines within the meaning of the Sl& Amendment; that appellants were not denied due process under the 141b 2 3 Amendment when their vehicles were seized without prior notice and opport1;mity to be heard; and that ~e post..seizure hearing process provided under the Seattle Municipal Code 4 5 satisfies due process, except insofar as the admin;strative hearing officer and the Municipal 6 7 Court on de no'Vo review did not consider whether the iplpoundment of appellants' vehicles 8 was reasonable under the circumstances, as discussed below,! However, the Court finds that 9 the City failed to establish in the proceedings below that these impoundments were 10 reasonable under the circumstances, and for tlmt reason reverses the decision of the 11 Municipal Court. 120 ImpeUIldment is a seizure by the government, aud as such, to comport with Artiole 1, 13 Section 7 of the Wasbington Constitution, it must be reasonable under the circumstances. 14 Before law enforcement officers decide to impound a vehicle because the driver has 15 committed a traffic offense, they must make reas¡onable inquiry to detennine whether there ]6 are available alternatives to impoundment In ~ese cases, the officers ordering impoundment made no effort to determine whether altematives to impoundment existed. 17 18 The challenged impoundments were therefore unreasonable and violated Article 1, Section 7 19 of the Washington CoD$Ûtution. 20 21 'Appellants alßo argued that the impoundment of their vehicles was ultra vires, without 2 ry authorization, and Edna Berry asserts that she was denied an opportunity to present e ence below as to the validity of the Departmen! of Licensing' IS suspension of ~.:;~,;:ge ~ II . 2 . e. The qourt~9f! BetJC.1eh these itJ"t=S". jbÜIr; 1kt ~ þl ~ "ð""w,~ ~ MA bdø ~,:;~ ~2-11tt. ~ ~ ,--W 0"r'CJ8 or " ..,11;1' . . -- o-ð- - AA'\ ./ THE puøl.JC DEn:NDE~ I"~ ,_oJ V elOTl1lRÞ AVENue aTlf "\.00/11, CENTRAL aUILplNO S~TTLE. wAStflNOTOH QD I ~ ZOCS.-4'7-.!1000 MRY.15.2000 8: 32RM SER CITY RTTORNEY OFFICE NO. 270 P.4 BASIS FOR DECISION 2 Appellants' vehicles were impounded by the Seattle Police Department in 1999 3 4 under "Operation Impound," Seattle's program implementing Seattle Municipal Code 5 11.30.10S(A), which authori~ the impoundment of cars driven by persons arrested for , Driving 'While Lic~nse SuspendedlRevoked. In all cases except that of Alfred Jones, the 6 7 record below indicates that the officers who ordered appellants' vehicles im.pounded did so 8 without making any inquiIy whether alternatives to impoundment--such ~ having a licensed and insured driver come and remove the vehicle-..were available~ In Alfred' Jones' case, 9 10 while conceding that it had the burden of showing the lawfulness oftbe impoundment, the 11 City provided no evidence that the impounding officer explored any alternatives to 12 impoundment before seizing the c~. 13 Impoundment is a "seizure'~ within the meaning of the 4111 Amendment to the United 1- States Constitution and Article 1, Section 7' of the Washington Constitution~ because it 14 15 involves the governmental taking of a vehicle into its exclusive custody. State v. C9SS, 87 16 Wn, App. 891, 898 (1997), ~view deniect 134 Wn.2d 1028 (1998); ~ti~ Y. R~ynoso, 41 WnApp. 113, 116 (1'985). Under the 4~ Amendment and Article I, Secûón 7, all seizures 17 18 19 ~o person shall be disturbed in his private affairs, or his home invaded., without 2~U ority of law." Canst. Art. 1, See, 7. ft3.. I.AW CJ(I\ca Dr 7He: PueLIC OEFENDL s 10 Tl'tIRCI AVtNUI: ItTtl fLOOR. C!trrRAL BUILDING SI!:ATTL!, WASHII'4GTØI'I Cl81~ !O&<4<47'~9CC MAY. 15.2Ø00 8:32AM SEA CITY ATTORNEY OFFICE NO. 270 P.5 1 must be reasonable. .Qw, 87 Wn. App. åt 898; State v. White, 97 Wn.2d 92,109-10 (1982). The constitutional reasonableness of a particular seizure, including an impoundment, 2 3 4 must be determined from the facts of each case. State v. HouseI:, 95 Wn.2d 143, 148 (1980); ~ 57 Wn. App. 556, 561 (1990), Even when the legislature has authorized 5 6 impoundment by statute in a certaþl category of cases, the legislature cannot assume the. 7 judiciary's role of determining whether a particular impoundment is reasonable. ~ 8 Coo~er v. California. 386 U.s. 58,61 (1967) (where defendant's car was impounded 9 pursuant to state law authorizing seizure of vehicle used to transport narcotics, "the question 10 .,. is nOt whether the search was authorized by law. The question is rather whether the . 11 search was reasonable under the Fourth Amendment"), ~ln State v. Reynoso, 41 . 12 Wn.App. 113,119..120 (1985); see alS9-,State v. Ladson, 138 Wn.2d 343,352 (1999) e'[i]t 13 is the court, not the Legislature, that determines the scope of our constitutional proteCtions") 14 (citation omitted); State v. Stortroen. Wn.App. 654, ~S8 (1989), overruled on other ¡rounds~ 15 sm~ v. Redin¡, 119 Wn.2d 685, 694 (1992) (although inlpoundmentwas authorized by 16 statute where driver lacked a valid license, "that provision must be enforced with r~erence 17 18 to constitutional requirements and to the circumstances of the case"). A long line of Court of Appeals decisions ñvni Division m have held that, under the 19 4~ Amendment to the U.s, Constitution and/or Article 1, Sec. 7 ofilie Washington 20 Constitution,'Uimpoundment is inappropriate when reasonable alternatives exist,tI even when 21 22 23 -4.. I.AW amCJ.I or TH!: PUEiL.IC CEFE"'OJ;;R S 10 TI'IIAÞ ÀVE.NUE. 8Ttt 'LOOl". CENTA"'L aUILÞING sU\m~. wÀ81-11NClTON ~IC. 200-41.47'30000 MRY.15.2000 8: 33RM SER CITY RTTORNEY OFFICE NO. 270 P.6 1 . r~ ~ authorized by statute.~ ~mte v.lii1I, 68 Wn.App. 300,306 (1993); fI~e also State v. PetersoJ¡, 2 92 Wn.App. 899 (1998); ßtate v. CQ§S, 87 WI1.App. at 899-900; ß;:? l!~ 57 Wn. ,App. at 561-562; State v. Reynoso, 41 Wn.App, at 116-120~ Although an officer is not required to exhaust all possible alternatives. an officer must minimally "attempt, if feasible, 3 4 5 6 to obtain a name ftom the dri.ver of someone in the vicinity who could move the vehicle, and 7 then reasonably conclude from this deliberation that impoundment is proper." ~ a.upn, 8 The same reQSonmg has been approved by Division I. albeit in cases subsequently 9 reversed on other grounds. ~ State v. Whi~, 83 Wn.App. 770,775 n.t (199~ (citin¡ 10 ß,eynosn. ~ and observing in dicta that statutory authority to impound is not sufficient to 11 make an impoundment tea$onable if officer does not e~plore alternatives to impoundment), 12 r~versed on other iI'Ounda, 135 Wn.2d 761 (1998); State v, Stortroell, 53 Wn.App. at 658 13 (impoundment unreasonable, even where authorized by ,ætute, where officer did not pursue reasonable alternatives to impoundment). overru1Ñ o~oth~r ~ounlÙ, State v. Redip¡, 119 14 15 16 1B~use it is established that Article 1, Sec, 7 of1;he Washington Constitution has ader application than the 41h Amendment in the ~ of warrantless vehicle impoundment,~. £m~ v. Hillr 68 Wn.App. 300. 306 (1993), it is unne~sary to perform a ßu.nwalJ analysis at question. ~ State v. White, 135 Wn.2d 761,769 (1998). ~ Although these ca,c;es adQress ixnpoun4ments authorized under different statutes than the on at issue in these appea1~, the precursor to the present stamte b.ad the same aim and similar 20e ct. Former RCW 46.20.435, examined in R~mosQ, Bar~as, .QQu and Peterson, authorized ediate impoundment where a driver had no valid license or a suspended license, and 21pr 'ded that (if the o~er was also the driver) the owner could not redeem it until "a.11 penalties, 2 and forfeitures" owed had been satisfied, Fonner RCW 46.20,435(2). An owner who was no the driver could redeem a vehicle after paying accumulated tow and storage fees. Former 23R 46.20.435(3). ~ReynQSQ, 41 Wn.App. at 118, -5- 1.AV/ ..",cø CII' THE PUEII...IC DEFE"C1 810 'niIRþ ÂVCI4UIi: e1ti I"LOCI~. C!;N~"'L. JUILÞINO 8E"'rT\..r:. WASt1ING'tON g81~ 20ð'~47.agOO .13 MAY. 15.2000 8:33AM SEA CITY ATTORNEY OFFICE NO.2?0 P.? t Wn.2d 685, 694 (1992). 2, In these cases, there is no evidence that officers explored any alternatives to 3 4 impounc4nent. In some cases there is affirm.ative evidence that such alternatives existed, 5 were known to officers, and were disregarded (e.g., w~n LeeRoy Cole's vehicle was 6 impounded, a liccDSed and insured driver was available, stopped by the scene while officers 7 were still there, and offered to drive the car away). In any event, the City had the burden' 8 below to put on evidence that reasonable alternatives were ~lored, and that burden was not 9 met in any of these cases. 10 ORDER 11 For the foregoing reasons, the Court ORDERS tb.a.t these appeals are GRANTED; the 12 jud~ents of the Seattle Municipal COurtjud. ge are REVERSED; and these matt rs ar'i-. tI Y'f'.'t I~ ~ ~ ~ ~~ tUA?h1~Atf~ ;-, ~ c.- '~ REMANDED U? Seattle Municipal Court to dete~ =~on uk't6 f.'Íi' ld hoI\ appellants for the unlawful imp~ent of theit vehicles, /ffI .øe~- 1~~ ~ + ~ ~ '"' ~ W ~ ~ ~ 11u- ffl ~ 'b II(.G I:J /tt.j Wð DONE IN OPEN coUIt'r this ~~of May, 2001. Ú, ~~ ~ ~ (fk ~ /j ~. 14 15 16 17 18 , 19 20 Presented by: ?.~ Lisa DauJskd WSBA #26740 Attorney for Appellants Approved as to fonn; notice of presentation waived: ~\~~ ~ Richard Greene WSBA #13496 Attorney for Respondent 21 22 23 ..6. o.NIt ClrPlOA .... THf,: PU8L.1C Df;f'I;:NDf;R 8 10 Ttt,..P "Wi'lL!'; 8TH f"1,.OOR. C('IT1V.I, JlUILDIHG 81!;,I\TT.1:. WASH.Herro 1'4 08 104 zoe"'~'1."QOO MEETING DATE: June 5, 2001 ITEM# :mn:-(~ )- ------ "---""...- --.--".--......-----..-.. ...-.... ......--.--.--...-.....-.-.- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Request to Amend Federal Way City Code, Animals, Chapter 4 CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS r8J ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ...............................--.....-...............--.................-...........-............--.......-...................................................-......................-..-...........-. ........ ................-...........-.-............. ....................................................-.......................... ..................-............-.. ATTACHMENTS: Memo from Chief Kirlcpatrick to the Parks, Recreation, Human Services and Public Safety Committee regarding the request to amend the Federal Way City Code, Animals, Chapter 4,Ordinance Nos. 90-30 and the proposed amended ordinance. ...........................................-....-....-...............................................-......-..........................-............................................................... ................................... ............-...................................................................................................................................................... ... .................................... ..... ................................................................. SUMMARYIBACKGROUND: Pursuant to the Animal Code, Chapter 4, of the City of Federal Way, which was last revised in 1992, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Code for Animals to reflect amendments, additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW). ... .1e purpose of this amendment is to bring current the City Code for Animals, Chapter 4 that was adopted by the Federal Way City Council in 1990 and accordingly will require modifications including adding a new section titled General Provisions to Article IV, Dangerous Dogs. Washington State Legislature has defined cruelty to animals and established the punishment. This requires amending Article I, Cruelty declared unlawful and by adding a section to be numbered, Section 4-125, "General Provisions." This has been set forth by state statues, RCW 16.08.020, Dogs injuring stock may be killed, RCW 16.08.030 Marauding Dog - Duty owner to kill, RCW 16.08.070 Dangerous Dogs - Definitions, and RCW 16.08.100(1) Dangerous Dogs... Confiscation. The adoption of the amendment the this ordinance is in the best interest of the Citizens of Federal Way and supports the City Council's desire to incorporate state law and update the Federal Way City Code. ..-........-......................................-......-.......-................................'.................... ..........................-................................................................-....-..............-........-..........-....-.............................................................. ........-................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At the May 14,2001 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed amendment be forwarded to the City Council for consideration at its June 5, 2001 meeting. ............................................ .......................................................... .............-........................................ ...................-.......-.............. PROPOSED MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on June 19,2001. .......................-.................................-.............................. ........................................................................ . ..................................................................................................... .......................................-......................................................- ..--...-.................................................................................................... CITY MANAGER APPROVAL: ~^,^\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~73 REVISED - 05/10/2001 Item 5.F City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: May 14,2001 To: Subject: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of Police J. ,¡;1( . David M+anager Request to Amend Federal Way City Code, Animals, Chapter 4 (Ordinance Nos. 90-30) From: Via: Background: Pursuant to the Animal Code, Chapter 4, ofthe City of Federal Way, which was last revised in 1992, the Department of Public Safety is requesting authorization for the adoption ofthis ordinance solely to revise the existing City Code for Animals to reflect amendments, additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW). The purpose of this amendment is to bring current the City Code for Animals, Chapter 4 that was adopted by the Federal Way City Council in 1990 and accordingly will require modifications including adding a new section titled General Provisions to Article IV, Dangerous Dogs. Washington State Legislature has defined cruelty to animals and established the punishment. This requires amending Article I, Cruelty declared unlawful and by adding a section to be numbered, Section 4-125, "General Provisions." This has been set forth by state statues, RCW 16.08.020 Dogs injuring stock may be killed, RCW 16.08.030 Marauding dog - Duty owner to kill, RCW 16.08.070 Dangerous dogs - Definitions, and RCW 16.08.100(1) Dangerous Dogs -- Confiscation. The adoption ofthis ordinance is in the best interest of the citizens of Federal Way and supports the City Council's desire to incorporate state law and update the Federal Way City Code. Attached is the amended ordinance. Committee Recommendation: Motion to approve and adopt this ordinance amending the City of Federal Way Animal Code, Chapter 4, and forward to full Council for consideration at its June 5, 2001 meeting. ; /??~.. ¡i. ;<;,'" V./ (/~¿ _....~ ì Committee Chair / i/lc/agenda/ps/200 1 /05140 1 /ch4anima1codeamend.doc ORDINANCE NO. DR AFT 5 (2Jì/t I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE CHAPTER FOUR (Amending Ordinance No. 90-30). WHEREAS, the Federal Way Ci ty Council adopted Chapter Four 0 f the Federal Way City Code in 1990 to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life.; and WHEREAS, the State Legislature has defined cruelty to animals and established the punishment; and WHEREAS, the City Council of Federal Way finds that it is in the best interest of the public to incorporate state law and update the Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article I, Section 4-10 of the City ofF ederal Way City Code is amended as follows: Cruelty declared unlawful. It is unlav,ful for any person to: (1) Wi1tùlly and cruelly Î1~ure or kill any animal by any means causing it fright and ~ (2) By reason ofneglcet or intent, cause or allo,;;, any animal to endure pain, suffering or injury or fail or neglect to aid or attempt alleviation of pain, suffering or injury he or she has so , PAGE 1 ORD# caused to any animal; C3) Layout or expose any kind of poison, or lea'/e exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatsoe\"er, whereon or ,¡"herein there is or shan be deposited or mingled, any kind of poison or poisonous Of deadly substance or fluid \vhate'"cr, on any premises, or in any unenclosed place, or to aid or abet an)' person in so doing, unless in accordance v.:ith RCW 16.52.190; or (4) /\bandon any domestic animal by dropping off or leaving such animal on the street, road or high\",:ay, or in any other public place, or on the private property of another. COrd. No. ()O 30, § 24,2 13 90; Ord. No. 92 153, § 38, 11 17 92) The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) 16.52.011 (2) 16.52.015 and control agencies. (3) 16.52.080 (4) 16.52.085 Euthanasia. (5) 16.52.090 (6) 16.52.095 (7) 16.52.100 others. (8) 16.52.110 (9) 16.52.117 ORD# , PAGE 2 DEFINITIONS -- PRINCIPLES OF LIABILITY. Enforcement -- Law enforcement agencies and animal care Transporting or confining in unsafe manner -- Penalty. Removal of animals for feeding -- Examination -- Notice -- Docking horses -- Misdemeanor. Cutting ears -- Misdemeanor. Confinement without food and water -- Intervention by Old or diseased animals at large. Animal fighting -- Owners, trainers, spectators -- Exceptions. (10) 16.52.165 (11) 16.52.180 (12) 16.52.185 (13) 16.52.190 (14) 16.52.193 on suspected purchases. (15) 16.52.195 (16) 16.52.200 Civil penalty -- Education, counseling. (17) 16.52.210 Immunity from liability. (18) 16.52.220 requirements -- Pet animals. (19) 16.52.230 (20) 16.52.300 Punishment -- Conviction of misdemeanor. Limitations on application of chapter. Exclusions from chapter. Poisoning animals. Poisoning animals -- Strychnine sales -- Records -- Report Poisoning animals -- Penalty. Sentences -- Forfeiture of animals -- Liability for costs -- Destruction of animal by law enforcement officer -- Transfers of mammals for research -- Certification Remedies not impaired. Dogs or cats used as bait -- Seizure -- Limitation. Section 2. Article IV, that the Federal Way City Code is hereby amended by adding a section to be numbered, Section 4-125, which section reads as follows: General Provisions The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) 16.08.020 (2) 16.08.030 ORD# , PAGE 3 Dogs injuring stock may be killed. Marauding dog -- Duty of owner to kill. 16.08.070 Dangerous dogs -- Definitions. (3) (4) 16.08.100(1) Dangerous dogs -- Confiscation. Section 3. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity ofthe 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this - day of May, 2001. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: , PAGE 4 ORD# CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\chapter 4.043001 Revised 4/30/01 ORD# , PAGE 5 MEETING DATE: June 5, 2001 ITEM# 1Z1lIl e ) "-""-"--"--"""'-""-"---"-"'--""-'-"'- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Request to Amend Federal Way City Code, Criminal, Chapter 6 CATEGORY: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: IZI ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ .......-....--..-.......-......-..-.-...-..--...................-.....-...--.................-.........---.-.................-..--....-...--.......................---...-...... ....................-. .....--..-...........-..........................................--............. ATTACHMENTS: Memo from Chief Kirkpatrick to Parks, Recreation, Human Services and Public Safety Committee regarding the request to amend the Federal Way City Code, Criminal, Chapter 6 and the proposed amended ordinance. ....................-.......-..--....................-............-.............-.........................-....-..........-....-.-..................................................................... ..-.....-...................................................................-....................................................... .............................................. -.................. ............................. ....................... .... ............ SUMMARYIBACKGROUND: Pursuant to the Criminal Code, Chapter 6, of the City of Federal Way, which was last revised in 2000, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Criminal Code to reflect amendments, additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW). ~ purpose of this amendment is to bring current the .City Criminal Code, Chapter 6. Specific changes are as tollows: 1. Washington State Legislature provided in state law a duty to report to the authorities certain actions involving minors. This requires amending Article VIII, Crimes Against Persons by adding a new section titled "Reports - Duty and authority to make." This has been set forth by state statues, RCW 26.44.030 Duty and authority to make, etc., RCW 26.44.040 Reports - Oral, written - Contents, and RCW 26.44.080, Violation - Penalty. 2. The elements of the crime of prostitution as stated in the Revised Code of Washington have changed resulting in a modification to Article X, Section 6-239, Prostitution - Unlawful acts - Penalty. Item "(7) a. That the actor is a known prostitute or panderer." will be deleted. The adoption of this amendment is in the best interest of the City of Federal Way, Department of Public Safety, Law Department, Municipal Court, and the Citizens of Federal Way. ..................................................................-.....-................-..................-...............-.....-.......--...............-..-............................ ................-................-................................................................................. ...................................-.-...............-....-....... ................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At the May 14,2001 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed amendment be forwarded to the City Council for consideration at its June 5, 2001 meeting. .......-................................................--..............-................-...........-...........-.............................-........................-.....-.........----....."..... ...-..-......-..".................................-.......-......................."""""'" .......-............-.................................-...................................................... ........................... ""'--q,OPOSED MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on .le 19,2001. .................................-......-......-....... ..............-.......-.-........-...............--.................... .......-....-..........--........-...........-.....--.....................................................-.....-....-.............. ...........-..............................- 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 (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ;2.71' REVISED - 05/10/2001 Item 5.G City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: May 14, 2001 To: From: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of Police o. ~ / ,,{ - David M~anager . Request to Amend Federal Way City Code, Criminal, Chapter 6 (Ordinance Nos. 90-53, 91 89,91-94,00-374) Via: Subject: Background: Pursuant to the Criminal Code, Chapter 6, ofthe City of Federal Way, which was last revised in 2000, the Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the existing City Criminal Code to reflect amendments, additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW). The purpose of this amendment is to bring current the City Criminal Code, Chapter 6. Specific changes are as follows: 1. Washington State Legislature provided in state law a duty to report to the authorities certain actions involving minors. This requires amending Article VIII, Crimes Against Persons by adding a new section titled "Reports - Duty and authority to make." This has been set forth by state statues, RCW 26.44.030 Duty and authority to make, etc., RCW 26.44.040 Reports - Oral, written - Contents, and RCW 26.44.080, Violation - Penalty. 2. The elements of the crime of prostitution as stated in the Revised Code of Washington have changed resulting in a modification to Article X, Section 6-239, Prostitution - Unlawful acts- Penalty. Item "(7) a. That the actor is a known prostitute or panderer." will be deleted. The adoption of this amendment is in the best interest of the City of Federal Way, Department of Public Safety, Law Department, Municipal Court, and the Citizens of Federal Way. Attached is the amended ordinance. Committee Recommendation: Motion to approve and adopt this ordinance amending the City of Federai Way Criminal Code, Chapter 6, and forward to full Council for consideration at its June 5, 2001 meeting. /--) ~-7""--:? V /,-/.4 ({:? >:// / /{~'P/' ¿/ ~~ CÕÔtmittee Membtr i/lc/aQenda/Ds/200 1/05140 1/ch6criminalcodeamend.doc ORDINANCE NO. DR AFT 6(-2- 9jd / AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW SECTION TO AND AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 90- 53. 91-89,91-94, 00-374). WHEREAS, the Washington State Legislature provided in state law a duty to report to the authorities certain actions involving minors; and WHEREAS, the elements of the crime of prostitution as stated in the Revised Code of Washington have changed; and WHEREAS, in light of the foregoing the City Council of Federal Way fmd that it is in the best interest of the public to update the Criminal Code contained in the Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new section is added to Article VIII, Crimes Against Persons, of the Federal Way City Code as follows: Reports - Duty and authority to make. The following state statutes, including: all future amendments, additions or deletions, are adopted by reference: (1) RCW 26.44.030, Duty and authority to make - Dutv of receiving agency - Duty to notify - Case planning and consultation - Penalty for unauthorized exchange of information - Filing dependency petitions - Interviews of ORD# ,PAGEl children - Records - Risk assessment process - Reports to legislature. (2) RCW 26.44.040. Reports - Oral. written - Contents. (3) RCW 26.44.080. Violation - Penalty. Section 2. Article X, Section 6-239 is amended as follows: 6-239 Prostitution - Unlawful acts - Penalty. (a) It is unlawful for anyone to: (1) Intentionally engage in or offer or agree to engage in an act of prostitution; (2) Intentionally secure or offer to secure another person for the purpose of engaging in an act of prostitution; (3) Intentionally transport a person into or within the city with the purpose of promoting that person's engaging in an act of prostitution, or procuring or paying for transportation with that purpose; (4) Intentionally receive, offer or agree to receive a person into any place or building for the purpose of performing an act of prostitution, or to knowingly permit a person to remain there for any such purpose; (5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution; (6) Intentionally in any way aid, abet or participate in an act of prostitution; (7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are: ORD# , PAGE 2 a. That thc actor is a known prostitutc or pandcrcr; Ð~. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; eQ. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; åç. The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer; (8) Intentionally enter or remain in any area of prostitution in violation of a condition of sentence; (9) Intentionally permitting prostitution if, having possession or control of premises which he knows are being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use. (b) Prostitution or permitting prostitution is a misdemeanor. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the , PAGE 3 ORD# effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,20- day of CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD# , PAGE 4 +PUGET SOUND ENERGY ( Qif Š\1) \ tQ\ 6ð PUGET sounD EnERGY - shaping the energy industry's changing landscape Puget Sound Energy is actively pursuing a strategy to meet the massive changes currently affecting the utility industry. Market forces are exerting tremendous pressures, with increased demands for a high level of service, low cost, and more supply/ delivery choices by consumers. PSE has seized these changes as an opportunity, and is shaping the energy industry's changing landscape. The road well traveled has been rerouted. There's a new way. . . and we're helping to pave the path. A seruice-driuen energy company Puget Sound Energy, headquartered in Bellevue, Washington, is the largest energy utility in the state, growing about twice the national average in number of customers. We are an investor-owned, total energy company - providing electricity, natural gas and energy-related services to more than 1.2 million homes, farms and businesses in the Puget Sound region. PSE anticipated and has been preparing for the changing landscape that lies ahead, as other utilities struggled with how to redefine themselves. Quite a number of utilities poured hundreds of millions of dollars into new ventures such as energy trading and the purchase of foreign utilities and generation. PSE took a different approach. We focused our future on the electric and natural gas distribution business and initiated efforts to pioneer practices and systems that would make us the best. "We will be the best distribution company, bar none." . . . Bill Weaver, President and CEO, Puget Sound Energy Our contractor Tree Watch crews improve reliabiLity by seLectiveLy removing branches and trees that pose a risk of power outages. Distribution. . . Improued seruice at lower cost Products that energy companies distribute - electricity and natural gas - are basically the same. How those products are distributed will distinguish the best energy company: . high quality service . low cost . advanced technology In addition to efficient energy delivery, we also offer faster servke and new conveniences High Quality Seruice PSE has already carved out a niche as the best service provider in the Northwest. We consistently offer consumers the highest quality service at low costs. Our customers have responded positively. Each year, we measure ourselves against 10 service-quality benchmarks established in cooperation with the Washington Utilities and Transportation Commission. And consistently over the past years, we've met or exceeded them. through a state-of-the- art Customer Care Center, whkh handles approximately 4 million calls a year, seven days a week, 24 hours a day. Seruice Quality firsts . PSE - First energy company in the Northwest to guarantee on-time service or credit $50 to the customer's account. . Tree Watch - A nationally-recognized, employee-designed program that teams certified arborists and foresters with customers to select and remove trees that pose hazards to electric safety and reliability. The voluntary program with a 97 percent participation rate has resulted in up to 56 percent fewer outages. .. PUGET SOUND ENERGY i.~~j~~~~ p~~;~;g~i~1~~ :t1~:electrlclly conBumptlon~~:' ;;~¥.'t~,paBt?~: da ~ !,~ ~:W;~ ~ Customer Page 3 or 3 .... ... ... .'..' ":". """,,"i/)-::.::':":. .:':.'......::,::' i'::,.r:'.f;:'"":...,,",,..'" .... . .'"" ...'. , i; ..' :" . . ',.. .. ., '.' .<"'. ... . . . PERSONAL ENERGY MANAGEMENT Giving you the power to save on energy. The price PSE pays for the electricity we bring to your home or business varies throughout the day (even though you pay one average cost). At night, on weekends and on holidays, there are real bargains available. When consumcrs want a lot of electricity, typicaUy when you start your day or during dinnertime, the cost is much higher. So why should I care? Two reasons. First, your electric bill in the future may directly reflect these changing prices. l1ús means you would savc money by using the . cheaper power available in the "economy'" and ::¡;¡, "bargain'" time slots. You would also pay more if you decide to use a lot of electricity during the expensive times. Secondly, when we are providing your electricity during those '"expensive" times of the day, less efficient power sources have to be used. The less we have to crank up these 1ow gas mileage'" verucles, the better it is for the environment. A REAL BARGAIN You have my attention; What can I do? Check out this chart, which shows how much electricity you used last month and when you used it. lñe more you're able to shin your electrical usage to the '"economy" and "bargain" times, the better it is for the envirorunent and YOU. " " !J ! Sam-lOam IOam-5pm ECONOMY EXPENSIVE clothes d~-~~7zer , \ ",%/:.' . -", /' .. .' 9% .~'. / \:// \ (/ 340"\ 1// ~~~~~,' weter \ I . '-'" . he.ter l>"""" cook.1.n1U . \ . \ ' lights/other / I 35~'0 . \, / / """--,-,---"" ..../' Typical Household Use 5pm-9pm EXPENSIVE I,m-tam and Sund"l'S A holid"l'S A REAL BARGAIN Where electricity Is used...and where to look for savings. Move as many activities as you can that use appliances to the '"economy'" or, better yet, the ôargain. times, Maybe you can wait to start your dishwasher until just before bedtime, for example. Then compare trus month's inf(mnation with the next month's to see how you did, ,. '. . . ,... For more information, www.pugetsoundenergy.com . or caI/1-888-225-5773, select option 7 and then option 4 .' DB News EDISON ELECTRIC INSTITUTE 701 Pennsylvania Avenue, N.w. I Washington, D.C. 20004-2696 I 202-508-5000 I Fax 202-508-5759 I news@eei.org I www.eei.org FOR IMMEDIATE RELEASE FOR MORE INFORMATION: Dan Riedinger, 202-508-5483 Jim Owen, 202-508-5659 Dorothy Bracken, Puget, 888-831-7250 PUGET SOUND ENERGY EARNS ELECTRIC INDUSTRY'S HIGHEST HONORS-THE EDISON AWARD NEW ORLEANS (June 5, 2001) -Pioneering the use of real-time electricity pricing and metering, Puget Sound Energy has been awarded the 42nd Annual Edison Award. The award is given by the Edison Electric Institute (EEl) to the U.S. shareholder-owned member and international member making the most outstanding contributions to the advancement of the industry. EEl announced the awards today at Electricity.' Powering the New Marketplace, in New Orleans. Bill Weaver, President and CEO of Puget Sound Energy accepted the award. "PSE is a pioneer, II said Thomas R. Kuhn, President of Edison Electric Institute. "Puget took a look, saw what is and what can be, and through hard work and leadership, became the first electric utility to invest in the technology of real-time meters for all customer classes. They have led the way with respect to smart metering, which is beneficial to customers, energy efficiency and the environmenf' said Kuhn. Puget Sound Energy, Bellevue, Wash., the utility subsidiary of Puget Energy (NYSE: PSD), became the first electric distribution utility in the nation to provide time-of-day price and comparative time-of-day consumption information to all classes of customers. This program - MORE - successfully exposes customers to the cost savings and efficiency benefits of shifting electricity demand to off-peak periods. Customers can plan and check their energy usage on PSE's Website, using the Personal Energy ManagementTM system (PEM). Overall, the company is honored for combining advanced technology with practical tools that will give customers a real stake in energy markets. Two other companies also were honored with the Edison Award. Constellation Energy Group, headquartered in Baltimore, Md. is the other domestic utility winner, honored for the successful relicensing of its Calvert Cliffs Nuclear Power Plant. This is the first nuclear plant relicensing in the nation. Kansai Electric in Osaka, Japan was also honored for the cutting edge transmission line they built underwater across the Kii channel. A committee of national trade journal editors reviewed the nominees and a panel of judges consisting of current and past EEl chairmen and academicians selected the winners. # # # The Edison Electric Institute (EEl) is the association of u.S. shareholder-owned electric companies, international affiliates and industry associates worldwide. The Institute's U.S. members generate about three-quarters of all the electricity in the United States and service roughly 70 percent of all ultimate customers in the nation. +PUGET SOUND ENERGY News Release FOR IMMEDIATE RELEASE June 5, 2001 Contacts: Media: Grant Ringel 1-888-831- 7250 Real-time pricing will lead up to $15 billion annual electricity cost-savings PSE CEO Bill Weaver cites potential savings upon receiving top industry award BELLEVUE, WASH. (June 5) - Citing the potential for annual electricity-cost savings of up to $15 billion, Puget Sound Energy President and Chief Executive Officer William S. Weaver today told utility CEOs that nationwide implementation of real-time electricity pricing will lead to lower costs, more efficient use of energy and benefits for the environment. Weaver noted that providing consumers with proper price signals and time-based information about their electricity consumption will lead to savings arising from consumers reducing electricity use during the high-priced, peak-demand hours. These savings will result from the lower wholesale market prices for power due to the drop in demand. He made his remarks upon accepting the Edison Award, the number-one industry honor, on behalf of Puget Sound Energy at the Edison Electric Institute's Annual Conference in New Orleans, La. "We are honored to be recognized for industry leadership in developing and expanding consumer-capability to receive and react to electricity price signals that allow our end-use consumers to make informed buying decisions," said Weaver. "This award confirms what our industry already knows: Consumers must be empowered with information that shows them the true cost of the energy they consume. Only then, they will realize the full environmental and cost-benefits available to them," Weaver added. Puget Sound Energy, the utility subsidiary ofPuget Energy (NYSE: PSD), is the first utility in the nation to offer hundreds of thousands of households time-of-day rates and comparative electricity usage information. The Washington Utilities and Transportation Commission this spring approved a time-of-day billing plan that went into effect May I for 300,000 Puget Sound Energy residential customers. ### low Cost Cost per customer PSI's continued success in the new energy arena demands delivery of high quality service at low cost. Delivering one without the other won't cut it. PSI is rated one of the top five most energy efficient investor-owned combined gas and electric utilities in the nation, with a $168 per-customer operating cost, compared to the country's average of $265. $500 Rduanced Technology As part of our vision to be the best, we have taken an aggressive approach to deploying a new generation of technologies that provide energy consumers with choices and convenience never before possible. We have used technology in a new way to lower cost and tailor energy use to consumer need. Our nerve center is our advanced customer information system called ConsumerLinXTM, created by Seattle-based software developer ConneXfM. It manages the entire customer relationship by tying to other technologies, enabling us to manage multiple channels of customer contact - via telephone, fax, Web and e-mail. ~ $400 0 .... III ::::s ~ $300 Q CI. .... :g $200 u :::E: ~ $100 National Average: $265 PSE: $168 $0 And with ConsumerLinX tied to our extensive wireless meter reading network, Puget Sound Energy is at least two years ahead of the rest of the utility industry in providing customers choices in managing their energy costs. Our effective cost-management efforts pLace us third nationally among investor-owned combined gas/eLectric distribution companies in terms of cost-per-customer. Wireless network allows two-way communication We now have what every utility in the country wants. We are the first company in the country that has the technology in place and operating which allows customers to select services and make choices through a two-way, real-time wireless communication network. The system automatically collects and transmits individual customer usage data, and coupled with ConsumerLinX, is capable of matching and billing customers' real-time energy usage with real-time energy market pricing. The implications are immense for new products, new pricing, new options for wise energy usage and broader choices for customers in general, and create a technological alternative to deregulation in the energy industry. Automated meters transmit data PSI's integrated technology gives consumers real-time ways to gain control over the supply and price of the energy they use. Here are just some of the aduanced technology applications PSE now has in operation: . WireLess Communication Network - PSI is the industry leader in wireless automated meter reading. The network meter reading system allows two-way communication between customers' meters and PSI. It also enhances outage detection, real-time usage information and a host of other features that stretch the value of our customers' energy dollars. It is expected that installation on more than 95 percent of the electric and natural gas meters in our service area will be completed by the end of 2001. . OnLine billing - PSI's customers will soon have real-time information and control of their energy use, the ability to pay bills electronically, sign up or deactivate service online, access account history, or purchase energy-related products or services through the Internet. . Home Comfort ControL - A system being tested that provides customers and the utility with remote access, via Internet, to energy usage information and home heating controls. Real-time data links to customer records, allowing access to daily billing, consumption and pricing information. natural gas and electric seruice territory: WHATCOM SKAGIT SNOHOMISH PIERCE LEWIS Combined electric and natural gas service Electric Service Natural Gas Service Company Information Company Headquarters Puget Sound Energy P.O. Box 97034 Bellevue, WA 98009-9734 (425) 454-6363 www.pugetsoundenergy.com Customer Information 1-888-225-5773 Corporate Information (425) 462-3044 Shareholder Information (425) 462-3898 Analyst Information (425) 462-3808 Puget Sound Energy is traded on the New York Stock Exchange under the symbol, PSD. KING CHELAN KITTITAS YAKIMA Choice The world of deregulation is a world of choice, but choice can be provided without deregulation. People have a better chance of making the best choice for themselves if they're provided with good, solid information. Our strategies for continued enhancements through inspired changes and the use of new technologies will offer our customers options about service, billing and energy supply. Outside seruice prouiders emerging from new competitiue arena New technologies, coupled with new systems and work practices, are also driving PSE to take the lead in the industry regarding how work is done. PSE is the first utility in the country striving to broker a solution between the macro forces developing in the outside contracting arena and the traditional utility approach of providing most of our services to customers in-house. As the economics of increased competition have squeezed utilities, a new, vibrant group of competitors has emerged in the form of outside service providers that specialize in high-quality construction services to the communications, gas and power business at very low costs. PSE has begun to educate ourselves and our customers on the issues emerging so that the inevitable changes to come may be accommodated in a way that strengthens and protects the company and our employees. The future is here Puget Sound Energy has the vision to anticipate changes on the horizon, the creativity to shape them in new and dynamic ways, and the leadership to help guide our industry into the future. PSE PUGET SOUND ENERGY 3020 20M 8/00 0 printed on recycled paper CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum L~~ .c; 115 \ \e(& C>O< DATE: June 5, 2001 TO: Federal Way City Council Members ,--¡ffif Bob C. Sterbaíïk, City Attorney FROM: SUBJECT: Proposed Impound Ordinance / Additional Statistical Infonnation Attached is additional statistical infonnation on the City of Seattle's impound program addressing the issue of racial disproportionality. Council Member Faison had some questions on this issue, and I thought the enclosed would assist you in your consideration of the ordinance. cc: David Moseley, City Manager K: \CO UNMEM O\Impoundord. addinfo " Frog A, soccer @ 2001 Highflylng Banners! designer: Diana Aurigemma file id: fedway celebration park 2001 Federal Way - Celebration Park Banners Sewn applique, Sunbrella fabric . . tit. Mt. Rainier Donated By Bank of Federal Way Baseball HIGHFLYING BANNERS HIGHFLYING BANNERS 1103 N 36th Street Seattle, WA 98103 Phone: (206) 625-9079 Toll free: :I. 888 625-9079 Fax: (206) 625-0649 Email: hfbanner@wolfenet.co Eagle