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Council PKT 10-15-2002 Regular
City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Jeanne Burbidge, Mayor Eric Faison Linda Kochmar Mary Gates Dean McColgan Michael Hellickson Mike Park CITY MANAGER David H. Moseley Office of the City Clerk October 15, 2002 AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall October 15, 2002 - 7:00 p.m. (w~l,w. ci federa[-u~v I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PRESENTATIONS a. Proclamation/National DECA Month b. Planning Commission Introductions/Certificates of Appointment (new and unexpired terms) c. Parks & Recreation, Diversity and Human Services Commissions Introductions/Certificates of Appointment (unexpired terms) d. Introduction of New Employees/City Manager e. Emerging Issues/City Manager IV. 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 and state your name for the record PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. V. 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 are enacted by one motion Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes/October 1, 2002 Regular Meeting b. Vouchers c. Monthly Financial Report/August 2002 d. King County Jail Services Contract 2002-2012 e. Yakima County Jail Services Contract Addendum Overplease... 1. Purchase of Plants tor Dumas Bay Centre Renovation Project Council Bill #305/Development Agreements & Related Code Amendments/ Enactment Ordinance Council Bill #306/Tyco International, Inc/Fiber Optic Franchise/ Enactment Ordinance Directive to Staff Regarding Redevelopment Incentives in City Center Sqlid Waste & Recycling Program Grant Approvals/Resolution f. g. h. J. VI. CITY COUNCIL BUSINESS Police Support Services Association/Proposed Collective Bargaining Agreement VII. CITY COUNCIL REPORTS VIII. CITY MANAGER REPORT IX. EXECUTIVE SESSION Potential LitigationlPursuant to RCW 42.30.110(1 )(i) x. ADJOURN11ENT ** TlIE COUNCIL MA Y ADD AND TAKE ACT/ON ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS A V AILABLE FOR REVIEW AT CITY HALL AND ALSO ON nm CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY" 1. II. III. a. b. c. d. e. IV. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall October 15, 2002 - 7:00 p.m. (www<jJ.ed~ral-wav.lVau3i CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Proelamation/National DECA Month Planning Commission Introductions/Certificates of Appointment (new and unexpired terms) Parks & Recreation, Diversity and Human Services Commissions Introductions/Certificates of Appointment (unexpired terms) Introduction of New Employees/City Manager Emerging Issues/City Manager CITIZEN COMMENT PLEASE CgMPLETE TElIiJ/INK SLIP & PJyJSENT TO THE CITY CLER.K PRIOR IJ) SPEAKllYJi. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record PL~d_gLIMI1' YOUR REMAR.KS TO THREE (3) MINl1TlJS:. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. v. 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 are enacted by one motion. Individual items may he removed by a Councilmemher for separate discussion and subsequent motion. a. Minutes/OctoQ9r I, 2002 Regular f\1ecting b. Vouchers c. Monthly.. Financial Report/August 2002 d. King County Jail Serviccs Contract 2002-20..L~ c. Yakima Co un!): Jail Servic~~_GQntract Addendum Over please. . . October 15, 2002 ITEM# ~~A_) MEETING DATE: CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER ContingencyReq'd: $ ATTACHMENTS: Draft minutes of the regular City Council meeting held on October I, 2002. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on October I, 2002." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sy reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY CouNCIL Council Chambers - City Hall October 1, 2002 - 7:00 p.m. Regular MeetingMinutes I. CALL MEET1NG TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:10 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, Interim City Attorney Pat Richardson, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. Mayor Burbidge excused Councilmember Hellickson. II. PLEDGE OF ALLEGIANCE Councilmember Park led the flag salute. III. PRESENTATIONS a. Youth Commission Introductions/Certificates of Appointment Councilmember Kochmar was pleased to announce and introduce Kelsey Tyler, John Tavares, Megan Loo, Sarah Lee, Meera Kumar, Ray Quero, Caitlin Johnson, Sam Kirsch, as new Youth Commissioners; and she further introduced Brian Yambe, Jessica De Hart, and Alexander Paterson, and Rachel Hoolahan as new alternate Youth Commissioners. b. Proclamation/Domestic Violence Awareness Month Mayor Burbidge read and presented the proclamation to Jaclin Natario, Ginou Tapp and Cathy Williams, members of the Federal Way Domestic Violence Task Force. Ms. Tapp accepted the proclamation and thanked Council for their support of this serious issue. Federal Way City Council Regular Meeting Minutes October 1, 2002 - Page 2 of 7 c. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce Betty Sanders has been hired to fill the Park Planning and Development Coordinator position, and Shawn Swanson has been hired as the city's newest Police Officer. d. Emerging Issues/City Manager Interim City Attorney Pat Richardson briefly responded to questions raised at the previous Council meeting regarding the Oxford House. IV. CITIZEN COMMENT Judy Carlson, spoke in continued opposition to the Oxford House in her neighborhood. V. CONSENT AGENDA a. Minutes/September 17, 2002 Regular Meeting -Approved b. Parks & Recreation Commission Appointment (unexpired term) - Approved/Appointed Debra McCormick c. Planning Commission Appointment (unexpired term) -Approved/Appointed Marta Foldi d. Diversity Conunission Appointment (unexpired term) -Approved/Appointed Julia Laranang e. Human Services Commission Appointment (unexpired term) - Approved/Appointed Ron Secreto f. 2002-2003 Diversity Commission Business Plan-Approved g. Neighborhood Traffic Safety Program/Criteria Revisions-Approved h. 2002-2003 Commute Trip Reduction (CTR) Program/Agreement with King County METRO-Approved i. 2002 Asphalt Overlay Prqiect/Final Acceptance & Release of Retainage- Approved j. 2003 Asphalt Overlay Program/Preliminary. Proiect List & Authorization to Bid-Approved k. Authorizing City Manager to Execute Property Documents/Resolution- Approved Resolution #02-372 COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes October 1, 2002 - Page 3 of 7 Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson absent VI. PUBLIC HEARING (Preliminary) 2003-2004 Proposed Biennial Budget/Revenue Sources Mayor Burbidge read into record the procedures to be followed and opened the public hearing at 7:25 p.m. · City Staff Presentation Management Services Director Iwen Wang outlined the proposed 2003-2004 Biennial Budget. She reviewed the city's budget structure, 2003 general operating revenues and expenses, improvements included in the baseline budget, new service considerations, and funding options. Ms. Wang pointed out Federal Way ranks 33rd of 36 cities in King County for per capita general fund revenue, and 32~d of 36 cities in King County for per capita general fund expense. · Citizen Comment Jack Dovey, Chair of the Municipal Facilities Advisory Committee spoke to update Council on the committee's progress. He also announced the committee would be holding public forums in mid-October to get additional input from citizens. Barbara Reid, spoke in support of the city's acquisition of the Kenneth Jones Pool, and to invite citizens to the Federal Way Symphony performance of Mark Soloman; she noted the Symphony is especially excited, as he will be performing on a Gershwin Steinway. Karen Pettingell and Laura Collins, spoke individually in support of additional funding for Human Services in the community. Jilliarme Sona, Susan Pearson, Schell Ross, Roberta Clark, Aili Moody, Pat Tyllia, Mike Anderson, Mel Sorensen, Joshua Reusser, Vicki Eliiah, Hugh Moore, Asuquo Esuabana, Ken Abendroth, Kathy Jorgensen, Susan Larsen, Virginia Larsen, and Tara Austin, spoke in support of the city acquiring the Kenneth Jones Pool from King County to run and operate. Joann Piquette, Mary Jean McDonald, Carrol Clemens, Donna Welch, Katherine Franklin, Iris Marshall, Ted Nelson, Lana Bostic, Tammy Owens, Diane Sweeney, Bonnie Knight- Federal }Fay City Council Regular Meeting Minutes October 1, 2002 - Page 4 of 7 Graves, and Bette Simpson spoke to urge the Council to support the Arts in the next budget. Trise Moore, Chair of the Diversity Commission, spoke to ask Council to maintain if not increase the Diversity Commissions budget. Hearing no further public comment, Mayor Burbidge closed the public hearing at 9:17 p.m. · City Council Discussion Council was appreciative of all of the citizen comment, and concurred that they will look at all of the options closely, as the city continues to be fiscally responsible. They also noted a strong interest in keeping the pool open, but would need to focus on the increased level of services that would need to be funded. Council also urged citizens to speak out and voice their concerns at the County level in regards to the potential pool closures. VII. CITY COUNCIL BUSINESS Planning Commission Appointments COUNCILMEMBER FAISON MOVED APPOINTMENT OF DINI DUCLOS, JOHN CAULFIELD, AND HOPE ELDER TO THE PLANNING COMMISSION FOR 4-YEAR TERMS; AND FURTHER MOVED THE APPOINTMENT OF MERLE PFEIFER AND LAWSON BRONSON TO SERVE ON THE PLANNING COMMISSION AS ALERTERNATE COMMISSIONERS FOR 4-YEAR TERMS. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson absent VIII. INTRODUCTION ORDINANCES a. Council Bill #305/Development Agreements & Related Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENTS TO CONSOLIDATE PUBLIC HEARINGS. COUNCILMEMBER FAISON MOVED COUNCIL BILL #305/DEVEKIONEBT AGREENEBTS & REKATED CIDE AMENDMENTS TO SECOND Federal }Fay City Council Regular Meeting Minutes October 1, 2002 - Page $ of 7 READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson absent b. Council Bill #306/Tyco International, Inc/Fiber Optic Franchise AN ORDINANCE OF THE C1TY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING TYCO NETWORKS (US), INC., A NEVADA CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. COUNCILMEMBER GATES MOVED COUNCIL BILL #306/TYCO INTERNATIONAL, INC/FIBER OPTIC FRANCHISE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR MEETING; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson absent IX. CITY COUNCIL REPORTS Councilmember Gates reported on her attendance at various regional meetings; distributed a written Sound Transit Update including infoimation on Link light rail, the Sotmder, and Regional Express Bus; and reported on the Federal Way Transit Center project. Councilmember Kochmar announced the next meeting of the Parks, Recreation, Human Services, Public Safety Committee would be held October 14th at 4:00 p.m.; she noted she would be attending the meeting set up with the Marine Hills Homeowners, Port of Seattle Officials and the FAA at City Hall on October 22nd and further reported on her attendance at various regional meetings. Councilmember Park had nothing to report this evening. Councilmember Faison announced the next meeting of the Land Use/Transportation Committee would be held October 7th at City Hall; he also thanked Community Federal }Fay City Council Regular Meeting Minutes October 1, 2002 - Page 6 of 7 Development Director Kathy McClung and her staff for working to lower the King County Growth Management housing targets for Federal Way from 15,000 to 6,000 new units! Deputy Mayor McColgan had nothing to report this evening. Mayor Burbidge reminded citizens of the relief fund that has been set up at Washington State Bank, to aid those affected by the typhoon that hit our sister city of Donghae, Korea. She thanked Human Services Manager Lydia Assefa-Dawson and her staff who helped with recruiting volunteers to staff local grocery stores for the Mayor's Day of Concern for the Hungry. She reported on her attendance at various regional meetings and encouraged citizens to attend some of the upcoming community arts events. X. CITY MANAGER REPORT City Manager David Moseley announced the Municipal Court is running a fine amnesty program throughout the month of October, where all interest on past due fines will be waived. He urged citizens with such fines to contact the Municipal Court for further details. Mr. Moseley also encouraged citizens to participate in the Donghae relief fund that has been set up, aiding the victims in our sister city who were affected by the typhoon that recently hit. Donations will be accepted in cash, check or credit card at any local branch of Washington State Bank, and donations of checks only will be accepted through the City Managers Office. He noted a meeting has been set up with the Marine Hills neighborhood, the FAA, and the Port of Seattle Officials to discuss the recent change in flight patterns over the neighborhood. The meeting will be October 22"d at City Hall. City Manager David Moseley congratulated and thanked Community Development Services Director Kathy McClung and her staff on obtaining lower housing targets for Federal Way! He further reminded citizens of the need for an executive session for the purposes of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i); and Collective Bargaining/Pursuant to RCW 42.30.140(4)(a); for approximately twenty-five minutes with no action anticipated. XI. EXECUTIVE SESSION At 9:35 p.m., Mayor Burbidge announced the Council would be recessing into Executive Session for the purposes of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i); and Collective Bargaining/Pursuant to RCW 42.30.140(4)(a); for approximately twenty-five minutes with no action anticipated. Federal tVay City Council Regular Meeting Minutes October 1, 2002 - Page 7 of 7 a. Potential Litigation/Pursuant to RCW 42.30.1 t0(1)(i) b. Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) Council returned to chambers at 10:00 p.m. XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 10:00 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: October 15, 2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: VOUCHERS CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $2,578,136.65 [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $2,578,136.65 [] CITY COUNCIL BUSINESS [] OTHER ContingencyReq'd: $ ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: 1, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performe.~, s described herein a~d that the claims are just and due obligations against the City of Federal Way, Washington, at I am auth ' to authenticate and certify said claims. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve attached vouchers pursuant to RCW 42.24 PROPOSED MOTION: 1 move approval of Vouchers. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances on]y} ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF Federal Way MEMORANDUM Date: September 18, 2002 To: Finance, Economic Development & Regional Affairs Committee From: Tho Kraus, Finance Manager Via: David Moseley, City Manager Subject: Vouchers Action Requested: Accept the vouchers and forward to the Next Council meeting for approval. ~APPROVAL OF COMMITTEE~: o~mml'~M~ ~'~~ - w.~ Committee Chair t/committee Member k:\fin\acctspay\checkru n\mfr cover.doc ~ ~ ~wZZZZZZZ.,~ ~ > ~ 0 ~ ~ ~0000000~ ~ ~ 0 ~ ~ 0 ~ D 0 ~ W~ ~ZZZZZZZ~n~ ~ Z o o o o o o o o ooooooooooo o o o o ~ w < ~ ~ w ~ 0 z z z ~ ~ ~ ~ ~ ~ ~ ~ ~ o o g o ~ ~ ~~ ~o~O~O~~ ~ o~ ..... o~oo ~~o o o o o o o o o ~ o o o = ~ o o o o o o o o o o o o o o ~ N " o>o>o>o>o>o>o>o>o> o>o>o>o>o> ~ooooooooooo i m~ ~ 0000000000000 '- -- 0000000000000 0 ~ ~ 0 ~ o o ~ 0 zzzzzzzzzzzzzzzzzzzzzzzzzz~m 00000000000000000000000000~ 00000000000000000000000000~ o ~ ~ ~ ~ z 0 ~ ~ ~ z Z mo ~o~ zzzzzzzzzzzzzzzzz~zzzzzzzzzzO oooo ooogg~gg~g~gg~ooooo ooo ooo ooo ~ ~ 0 ~ ° o ~m -- o> o> ~ m z ~ 0 ~ ~ ~ w >>>>>>>>>>>>>>>>>w w ~~ ~ ~o wwwwwwwwwwwwwwwww~ ~ ~ ~ ~ oooooooooooooooooo ~ ~ ~ m ~ ~ Oz z ~ ~ ~ Z Z Z - ~ Z _ z - ~ ~ ~ o ~ - < ~ ~ ~ ~ ZZZZ ZZ oZZZZ O~ ~ ~ ~~-~wwwww ~www~ - ~ww~ 0000 O0 0000 ~ <<<<~<< j~~< ~~ ~ ~~ ~ ' ' ' ' 0000000 oooooooooooooooooooooooo~ ~ ~~ 0 w ~ 0 -- 0 ~ ~ < ~o ~ ~o~o ~ > o>o>o> ~ ~ 0000000000000000000000000000 000 ~ wmwwwwwwmwmwwwwwmwwwwwmwwwm~ ~< ~o ~ ,, 0 0 ~ " o>o> m ~ o~ o)o~o) zoz~ ~ z~ww< ~ ~ 00~ ~w~ ~ ~z~ I<<<<< ~ ~= ~ ~ ww =1oooo~ w =~=~ ~ ~ oi~ ~ zz~ ~J~ ~w oooo~ ooo~ ~ ~z~o - '-~ o~ ~ ~ooo ~ ~ ~m~ ~ m ~ m mw = o~o~ ~ ooo ~ ~ o ¢~o ~ ~ o S$3 = ~ ~ z ~ ~ ~ m ~ ~ ~ Z o o o o o o o S o o o S o S o o ~ ~ o> o> >o> o>o >o> >o>o> >o> -- _~m~m o~z ~ ~0--~ ~ ~Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ oooo ~ ~ ~°°° o~ o 8~ 8 ~ 0 8~8~ 8~8~ ~ ~ o o o o ~ o 8 o o o o o>o>o>o>o ~ mo o I ~ uu~ ~ ~ ~ , ~o~~zZ ~W~J zz ~ ~ ~ ~ =~oo~oo~o ~ ~ o ~ < ~ ~ z w ~ ~ I0 0 w ~ ~ ~ ~ I ~ ~ w 0 w ~ 0 ~ ~ ~ ~ ~ I~ = = ~ ~ w ~ ~ ~ o ~ w w I~ ~ ~ ~ z z z ¢ ~ ~ ¢ ~ < < < - ~ > o o o o o o o o o o o o o o o ~ ~ ~ o~ o~ oR o~ oR o~ o~ oR o~ oo o© o o o o~o~ ~ o~o~ o~ o~ o~ o~ o~o~ o~ o~ o~ o ~§ I o>o>o>o>o>o>o>o>o>o>o>o> o> o>o> ~ ~ ~ oooooo~ ~ >>>>> ~ oooooo~ ~ ~ ~ 000000~ ~ ~ 00000<~ ~ ~~°°~ ~ ~ ~ ~ ~°° 0 0 ~ 0 ~ Z ~ ~ ~ 0 ~ ~ ~ o o ~ o~ oz~ 0 ~ _ w 0 z ~ 0 ~ ~ -- Z ~ W ~ ~ < ~ -- ~ 0 0 w 0 P ~ ~ 0 < < 0 Z ~ ~ Z 0 Z Z 0 0 ° ~ ~o ~ ~ ~ oOoO~ ~ ~o~o ~o~o ~o~o~ ~ ~ o~o~o~o~m ~1 0>0> 0>0> 0>0>0> O> >0> >0>0 ~ oooo~ '' ~ <<< oooooooo~ ~ g * o ooo oo~oooo~ g g g g ~ ~ I z 0 u I 0 0 m 0 ~ ~ ~ o o o o o ~ 0 w w ~ ~ ~ ~ > o o o o o o o o o o o o ~~ ~ o o o o o o o o o o o o ~ 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ o~ o ~o~ o~ o ~ o~ o~ o~ o~ o~ o~ o wwww~ww~w~wwwwwww~ ~ ~ ~ ww o ~0~~0~o w w ~ ~ <<<_ <<><~<<<~<<<~ w w ~ ........ , ........ ~ ~ ~ ~ ~~ ~ II°°°°°°°°°°°°°°°°°° a a ~ - ~ ~ z , ~ ~ ~ - ~ ~ ~ 0 -- ~ m w ~ w I~ ~ . ~ < ~ ~ Z Z ~ ~ " o> o>o>o>o>o>o> ~ ~r ~ '- o,- o ~ ~ -- 0000000000~~ 0000000000~ m m~~ zzzzzzzzzz '~ ~ ~~ .......... o o°~°°° ~~oo~~~'~oo" ~ ~ ~ ~0 000 = ~ ~ ~mLLL~LL~ O000000000~m~O 0 ~ m ~ -- 0 0 0 ~ ~ ~ ~ ~ 0 0 0 0 ~ ~ ~ ~ ~ ~ =~ g o>o>o>o> __o> o>o> o{g{ m ~5~e=e~e=,,~,,,~,,,~ ......... ~ooo~o~o~ooo~~ooo~o~o~o Z Z o o oooooooooooooooooooooo~oooooooooooo ~ ~ ~ oooooooooooooooooooooo~oooooooooooo ~ ooo ~ o mo ~~ ~ ~ ~ o~oo~oooo~ ~ ~ ~ ~ ~ ~ ~ ~ = ~ ooooooooooo ~o ooo~ o o o~ o~ o~ o =o ~ L ~ 0 0 0 0 0 0 < ~0 ~1 o ~ w ~ ~ w ~ ~ o ~ ~ ~ ~ 0 ~ ~ ~ ~ , , ~ o ~ o ~ 0 ~ ~ 0 ~ 0 ~ z - w u ~ ~ o o o o o ~ N " o>o>o>o>o>o>o>o>o~o>o~o>o>o>o>o~o~ .. ~ ~ ~ 0 ~ ~ ~ 00o ~ ~. < ~ ~ > ~'~ ~ Oooz ~< _ ~ =0 ~ ~ ~ ~ ~ z ~ w 8 ~ o = ~ ~ w z 0~~ >~0~0~~ ~oz~ .WWW~W~NO~ 0 ~ ~ ~ z Z z < < W w ~ ououo~o~ouou ouo~o~o~ououo~o~o~o~ o° o °~° o° o oo o o° o ~ 0 ~ 0 ~ 0 ~ 0 ~ ~ 0 ~ 0 ~ 0~ MEETING DATE: October 15,2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: August 2002 Monthly Financial Report CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: August 2002 Monthly Report SUMMARY/BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed and approved by the Finance Committee during their September 30th meeting. PROPOSED MOTION: "I move for the approval of the August 2002 Monthly Financial Report." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF F deral l/I/ay MEMORANDUM Date: September 19, 2002 To: Finance, Economic Development & Regional Affairs Committee From: Michael Olson, Deputy MS Director Via: David Moseley, City Manager Subject: August 2002 Monthly Financial Report Action Requested: Accept the August 2002 Monthly Financial Report and forward to the October 15th Council meeting for full Council approval. K?~FIN~M FR\01 mfr~VlFRFEDRACCVR.DOC J-I Federal Way August 2002 Monthly Financial Report The Monthly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Recycling, HnteFMotel Lodging Tax, Paths & Trails, Surface Water Management, Debt Service, and Dumas Bay Center. The Summary of Sources and Uses (Attachment A) captures financial activity through August for the years 1997 through 2002. Annual Audit: The City received an "unqualified opinion" from the Washington State Auditor's Office for the 2001 annual audit, with no findings or management letter. The last eight audits have all been of similar nature. Sales tax received through August of $7,130,469 is $641,753 or 9.9% above the year-to-date budget of $6,488,716. 2002 year-to-date revenue of $7,130,469 is also General governmental operating revenue collections through higher than August 2001 year-to-date revenue of $6,810,474 August 2002 total $28,104,990 which is $2,283,866 or 8.8% by $319,995 or 4.7%. Sales tax received in the month of above the year-to-date budget of $25,821,125. Of this August total $1,010,404, which is $170,680 or 20.3% above amount, $794,323 is related to Utility taxes and PEET that the adopted budget estimate of $839,724. are reserved for the payment of debt services. Attachment A provides a comparison of year-to-date revenues by major sources for 2002 with comparative figures for the past 5 years. Real Estate Excise Tax Year-to-date Real Estate Excise tax revenue total $1,638,946 which is $752,127 or 84.8% above the budgeted amount of $886,819. The current month's receipt of $263,742 is also above the monthly estimate of $148,165 by $115,577 or 78%. There were a total of 258 real estate transactions, of which 85 were tax exempt and of the remaining 173, 3 were mobile home sales. The largest transactions in August consist of the sale of an apartment building at SW 320~ St., a warehouse building at 9~ Ave S, 835,083 and a single family residence for $1M at Marine View Dr. Sales Tax City of Fede~ral }Fay August 2002 Monthly Financial Repoi t Sales Tax by SIC Code Retail sales continue to remain the largest source of sales tax revenue, accounting for 63.4% of all sales tax collections. Year-to-date August 2002 retail sales .tax collections are $109,904 or 2.5% higher than August 2001. Substantial increases in miscellaneous retail trade, general retail merchandise, retail eating and drinking, and retail building materials were partially offset by lesser decreases in retail 98.2% automotive & gas, retail food, and wholesale non-durable eoftota/ 1.2% ~.o% goods. SeaTac Mall is showing an increase of $12,718 or 2% when compared to year 2001 activity. On a monthly basis, tax Service industries account for 12% of the total sales tax received in August 2002 is $7,970 less than August 2001. collect'ions through August. On a year-to-date basis, service sales tax is up $150,145 or 21.2% from the year 2001. Major Auto Sales have through August collected $293,587, Construction and contracting activity, which accounts for which is $19,572 or 7.1% above the same period in 2001. 10.4% of sales tax collections is $60,519 or 8.9% above year Compared to the prior month, sales tax decreased by $4.7K. 2001 activity. We anticipate tax from construction to increase as indicated by the rising number of building permit Hotels & Motels sales tax collected through August total applications received for new construction. $69,00 l, which is $14,715 or 17.6% below the same period in 2001. Wholesale tax which accounts for about 5.1% of total sales tax collection, is $60,876 or 14.4% below year 2001 activity. Hotel/Motel Lodging Tax Manufacturing activity accounts for about 1.9% of total sales tax collection and is up $42,468,or 46.4% compared to Hotel/motel lodging tax collected through August total 2001. $73,670, which is $3,137 or 4.1% below the year-to-date budget of $76,807. The majority of the variance is due to Sales Tax Activity by Area one hotel that continues to remain delinquent in its tax payments. Staff will continue to follow-up with the state of The City's largest retail center, South 348th, which their collection stares. The year-to-date amount collected generates over 13.1% of the City's sales tax experienced an represents activity from November 2001 to June 2002. The increase of $16,144 or 1.8% when compared to the year month-to-month budget is our best estimate based on two 2001. full years of history. 2 City of Federal }gay ,4ugust 2002 Monthly Financial Repo,/ Utility T~r Utility tax received tl~ough August total $4,299,450, which is $42,196 or 1% above the year-to-date budget total of $4,257,254. The year-to-date August 2002 utility tax receipt is also above the same period in 2001 by $84,677 or 2.0%. Gas taxes exceed the year-to-date budget of $602,158 by $159,345 or 26.5%. However, electricity is below the year- to-date budget of $1,580,258 by $175,714 or 11.1%. Cellular taxes exceed, the year-to-date budget total of $521,804 by $204,072 or 39.1%, a growth trend consistent with prior years. However, year-to-date phone utility tax is below budget by $176,254 or 21.2%. Gambling Tax Gambling tax collection of $1,406,741 is $299,500 or 27% above the year-to<late budget of $1,107,241. In comparison to 2001 year-to<late, 2002's tax collection is lower by $81,277 or 5.5% Last years third largest establishment (in terms of tax revenue) has been cltsed since April 2002 and collections for this entity have decreased more than $183K as compared tO the same period in 2001. Total taxes received year-to-date for the two largest establishraents total $1,126,085 as compared to $979,304 for the same period in 2001 for an increase of $146,781, partially offsetting the loss from thc closure of the third largest establishment. August's collection of $149,453 is $32,320 or 27.6% above the monthly budget estimate of $117,133. The $1.7M total budget for 2002 may be slightly low when compared to 2001 's actual of $2.2M. 3 City of Federal It/ay August 2002 Monthly Financial Repo, l Building Permits and Plan Check Fees Building permit revenues collected through August total The preceding table presents a synopsis of building permit $1,068,264, which is above the year-to-date budget by activity asofAugnst 31, 2002 for new consa'uction between $217,985 or 25.6%. This does not include year-to-date pass 2001 and 2002. through revenue of $55,860 for expedited and environmental review. Revenue collected for expedited ROWPermits and Fees review is not currently budgeted nor are the offsetting Overall Public Works permits and fees collected through expenses. Building permits, which include mechanical, August total $208,144, which is $21,614 or 11.6% above the plumbing and clear/grade permits currently total $633,042 year-to-date budget of $186,530. Plan review fees collected through the end of August, which is above the year-to-date total $61,761, which is $52,623 or 46% below the budget budget of $469,130 by $163,912 or 34.9%. Electrical total:fSI14,384 for thc year-to-dateperiod. permits total $89,832, which is below the year-to-date budget by $6,943 or 7.2%. Plan check fees collected through August total $279,857, which is $54,574 or 24.2% above the adopted budget of $225,282. 30,381 21,956 17,345 1,801 45.7% 70.1~ Building Division - Permit Activity YTD Through August, 2002 2001 2002 :::::::::::::::::::::::::::::::::::::::::::::: Va ,,~.~$) .... :::::~'i~i~i~:(S~: NewResidential(Platted) 23 $ 3,342,470 83 $ 23,173,563 New Commercial 12 30,473,937 15 35,591,696 New Multi-Family Units 4 1,051,687 I 0 New Public 0 0 0 0 :~Uh/6 hi ;N~v:~2bh~/:::::::::::::::::::::::::::::::::09:::::::::::::::::: ~8;765;2~9 Manufactured Homes 0 0 0 0 Residential Alterations 89 3,003,300 84 2,365,831 Commercial Alterations 142 13,174,497 291 17,968,713 Plumbing Only 50 0 50 0 Mechanical Only 194 1,137,610 180 888,490 Misc. Buildinl~ Permits 0 0 0 0 :gu~i~t~!~:AIt~i~i~fi~.;::::::::::':::::;:::~5~::::$:~ 3 5 ~'07 605 $ 2~;223;034 Electrical Permits 616 0 738 0 ::To~,l:B~ii!ding]~ei'mi~k::::::::::: :!:13§: :$ 52 ~83,50]::: 704/: :$-.:79;980;293: Non-Building Permits: Sign Permits 160 342,818 ~47 361,273 : 5rg~al~::: :::: ::::::::::::::::::::::::::::::60::: :$: .:342 8 8 [T0ta :CQmmei'iti~a!:~alu~ ~t1~9:;¥ ::¥154.: ::$ 43 648 434: 306 $ S3;560~40S * Includes all new, alternation City of Federal Wa), August 2002 Monthly Financial Report Court Revenue Court revenue is $141,660 or 30.8% below the year-to-date budget total of $619,615 from f'mes and forfeitures. Total General governmental expenditures through August total court revenue collected through August amounts to $24,698,627 or 57.8% of the annual operating budget of $644,664 which is $61,810 or 8.7% below the year-to-date $42,706,248. Operating expenditures are above the year-to- budget of $706,475, and is also below last year's collections date budget of $26,726,627 by $2,027,999 or 7.6%. of $697,956 by $53,292 or 7.6%. City Council The base line court revenue is $110,341or 18.8% below City Council expenditures total $203,286, which is above 2001 collections, primarily due to the reduction in traffic and the year-to-date budget, total of $186,722 by $16,565 or non-parking citations, parking infractions, and shared court 8.9%. The variance is due mainly to the timing of annual costs. DUI and other misdemeanors collected through SCA assessment, AWC services and NLC membership dues August total $103,856, which is $23,138 or 28.7% above the that were paid in January of this year. year-to-date budget of $80,718, but, however, is in line with 2001 collections. Traffic and Nun-Parking are below year- MunicipalCourt to-date budget of$407,186 by $137,240 or 33.7% Municipal Court Operations expenditures total $791,662, which is above the year-to-date budget of $760,283 by $31,379 or 4.1%. The variance is due mainly to an increase in BI contract expenses when compared to the same period in 2001. However, BI contract revenue offsets the expenditure increase. City Manager: Activity through August total $477,657, and is below the year-to-date budget of $512,562 by $34,905 or 6.8%. Savings can be found in one-time programs such as Contract lobbyist and the Management Analyst salaries. Community Development Community Development expenditures through August total $1,863,504, which is $556,986 or 23.0% below the year-to- date budget of $2,420,490. Savings can be found in one- time funded programs as PAA Study, Planned Action SEPA, permit a-acking system, code amendments, and human services contracts. Public ~Yorks Public Works Operations: Expenditures are below August's year-to-date budget of $2,405,875 by $137,072 or 5.7%. Savings can be found in various one-time funded programs approved in the mid-biennium and can-yforward budget adjnstuaents. Solid Waste and Recycling Operations: Expenditures are below the year-to-date budget of $248,043 by $54,210 or 21.9%. Savings are attributable to timing of grant programs. Surface Water Management Operations: Expenditures are below August's year-to-date budget of $1,359,928 by $221,748 or 16.3%. Savings can be found in one-time funded programs such as ESA Gap Analysis and Steel Lake Wash Facility. City of Federal tVaF August 2002 Monthly Financial Repo,t Public Safety & Jail Services Celebration Park: Police Services have expended $9,115,696 through August, The following table is a breakdown of Celebration Parks which is below the year-to-date estimated budget of M&O. Year-to-date revenue of $211,323 consists of a $9,545,623 by $429,927 or 4.5%. Savings can be found in $205,880 subsidy from the Utility Tax Fund, and $5,443 in various line items, but not specifically to one prograrc~ fees. Maintenance and operations expenditures total Jail Services: $218,018. Jail Services is below the year-to-date budget of $1,080,662 by $414,137 or 38.3%. Explanation of the variance Operating Revenue~Co~cession Fees $ 5,443 includes: the July Okanogan bill (estimated at $2K) is Other Sources of Funding-¥ransferin outstanding; the Yakima County bill has been low for the From Utility Tax 205,880 past 3 months compared to invoices for February thru April; and booking counts for all locations have declined as the Salaries & Benefits 161,671 year has progressed. Supplies 16,212 Professional Services 2,472 Equipment Rental 3,731 tn Electricity 19,357 Water & Sewer 6,986 Repairs & Maintenance 7,237 ter[und Charges 351 Parks and Recreation Parks Operations expenditures through August total $2,061,665, which is $142,441 or 6.5% below the year-to- date budget of $2,204,106. A contributing factor is that only about 40% of the Park Maintenance Repair and Maintenance budget has been expended year-to-date. Savings can also be found in one-time funded programs approved in the carcyforward budget adjustment such as Econnect, Arts Commission, and unscheduled repairs to Klahanee. Recreation and Cultural Services: Recreation fees revenue of $484,055 is $3,866 or 0.8% above the year-to-date budget of $480,190. Year-to-date recreation and cultural services revenue of $484,055 is 77.4% of the total annual budget of $625,264. Recreation expenditures of $951,827 are 69% of the total annual budget of $1,379,385. Dumas Bay Centre & Knntzen Theatre: Dumas Bay Centre operating revenue total of $343,233 is $12,838 or 3.9% below the year-to-date budget of $330,395. Operating expenditures of $336,235 is above the year-to- date budget of $310,005 by $26,230 or 8.5%. Knntzen Theatre operating revenue total $52,085, which is $18,076 or 53.2% above the year-to-date budget of $34,009. Total operating expenditure of $100,156 is $3,152 or 3.1% above the year-to-date budget estimate of $103,308. 6 City of Federal ~Vay /Jugust 2002 Monthly Financial Repo, i Gef~/'e//$t~t:Fundt:.:: $: ::::::: :i: S;508;0S'a ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: $:!::::::::!9/~42,934 I I I :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i:: :::::::il: 76 877~597 Special Revenue: ' ' I Arfedal Street 719,952 1 431 130 I 1,291,751 139 379 859,331 Utility Tax (1) 6,170,755 I 4,341,925 4 469,178 i (127 253}1 6,043,502 Solid Waste & Recycting I 199,343 I 263.9o8I 193,834 i 60,074 i; 259,418 Special Study (Gov, TV 124,882 i 1 551 I 3,372 (1,821)1 123,061 Hotel/Motel Lodging Tax I 150,549 i 75,589 i 72,606 i 2,983 I 153 532 2% for the Ar~s 28,114 - - - 28'114 Paths & Trails 41,863 J 5 601 , ' i 5 601 47 464 S~: SP~i~l Rd~Ue~ FundS " " ''' Capital Project:I Public Safety Facility 6,652,634 I 843,175 ' I~ 843,175 i 7,395,809 Downtown Revitalization 1,303,986I 14,228 54,729 ! (40,501) 1,263,485 Unallocated 1997 Bond Proceeds 251 19,969 251 - 20,220 Celebration Park 126,466 4,662 8,610 (3,948) 122,519 Park Improvements 577,860 , 215,356 220,083 (4,727) 573,132 Surface Water Management ~ 6,669,057 539,538 , 238,682 , 300,856 6,969,913 Transportation 8,681,903 4,376,768 4,388,206 I (11,439) 8,670,464 ~;:capf, al:P~oj~c~:::: : : : : ::::::::::::::::::::::::::::::93:::::::::::::::::::::::::::99::::: Enterprise Funds: Surface Water Management 500,811 I ; l 1,6351511 2,398,200 (762,690) (261,8791 Dumas Bay Centre Operations _I 343,233 I 336,235 6,998 I 6,998 Dumas Bay Centre Capital , 300,808 54,472 67 024 (12,553) 288,255 Knutzen Family Theatre Capital 76,338 867 ' I 867 77,205 Knutzen Family Theatre Operations J . I 52,085 I 100,156 (48,071) 48,071 Risk Management , 3,869,727 635,670 I 466,895 i 168,775 J 4 038 502 Information Systems 1,682,758 935,417 878 420 I 56 996 I 739 754 Fleet & Equipment ! 1,841,648 476,745 748,543 i (271'798'= i 1,569,850 Buildings & Furnishings I 1,037,508 i 259,288I 188,847! 70,441 1,107,949 :$ul~t~tal:lhtensal:S~:t:VJC~e:,F.u~ds:::::: :::: ::: : :8,6(3;759 :::::::: :2,;d. d2,098 :: · ::72,#77,75f07777777 :(f5,4'/2~ t~,59~,346 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::: :~ ::::::::::::::::::: ::::::::::::::~: :~::ta:~JI/:F::ds:::::::::::::::: ::::::::17,~ :::::~,e79,4087 ~ :: :: 4['~,642,-/.5o::::$.::::::::::~0,3of,~22 $ 1340 228 :~: 5'"~2'/9,636 (1) Utility Tax and Debt Service fund balance is reserved for the payment of debt service. (2) Internal Service fund balance is cempdsed of accumulated replacement reserves for the purpose of fixed asset replacement, with the exception of Risk Management, which is comprised of accumulated reserves for self-insurance and strategic reserve. 7 ATrACHMENT A CITY OF FEDERAL WAY SUMMARy OF SOURCES AND USES OPERATING FUNDS Operating Revenues i ; :)perating Expenditures r I I I I :ity Manager 375,957 381,079 377,768 284,307 I 436 733 I 751,349 512,562 477,657 34,905 6.8~ Durnas Bay (~er~re 273339 '258;711 '315;482 '321;412 '388;994 '48g;4 2 '310'005 '336;235 2§,23~ St;ow& Ice [ 73,358 103530 100,000 95,575 I 100,000 - I ' ] ' - [ Wa Wa SWM I 1,566,522 2276459 1! 1,643,113 i 8 2,2 3 [ 500,230 i 411,901 [ - [ (261,879)i' Wa .o,,ce ,,0622071 766.~ 746.~.01 ~00~ ~04.,3~ --g3--l - 476,g08 .a T~ End n~ F~n~ [~a~nc~ $13r741r861 I $~?,235~237 $18~136,869 $21,622r220 $21,146,446 $t7~422i605 i ~ ::::.::~:.:.: :$~2,60~251: S 43~1 09/19/20024:16 PM SchASUMMARY ~6 MEETING DATE: October 15, 2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: King County Jail Services Contract 2002-2012 CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memorandum dated September 30, 2002 to the Parks, Recreation, Human Services and Public Safety Committee and King County Jail Services Contract document SUMMARY/BACKGROUND: In May 2001 King County notified the 36 jail contract cities that the County wished to terminate the existing contract and negotiate a new agreement. The cities agreed to negotiate as a group on behalf of all the cities. During the negotiations the County determined that it wished to reduce and ultimately eliminate the use of County jail facilities by the cities' misdemeanant inmates. The negotiated contract sets the daily rate at $77.37 with a 5.8% annual increase. The cities will no longer be charged 10% of felony days. The contract also provides for the aggregate number of city inmates in the King County Jail from 2002 to 2012. Prior to July l, 2004, the County will convey the East King County jail site to the City of Bellevue to hold on behalf of all contract cities to contribute to the cost of building or contracting secure capacity to meet the 0 capacity deadline of December 3 l, 2012. CITY COUNCIL COMMITTEE RECOMMENDATION: On October 14, 2002, the Parks, Recreation, Human Services and Public Safety Committee reviewed the King County Jail Services Contract with a recommendation from staff to forward the contract to the full Council on October 15, 2002 for approval prior to the November l, 2002 deadline. PROPOSED MOTION: "I move approval of, and authorize the City Manager to sign, the King County Jail Services Contract effective November 1, 2002" C,'; .......... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED IsT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only} ORDINANCE # CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE October 14, 2002 Meeting Date: September 30, 2002 From: Donna Hanson, Assistant City Manager Via: David M~~lanager Subject: King County Jail Services Contract Background: In May of 2001 the King County Executive notified all Jail Contract cities (36 cities, including the City of Seattle) that the County wished to terminate the existing contract and negotiate a new agreement. The cities agreed to negotiate as a group and signed an agreement to become party to the negotiations. A negotiating team was established to negotiate on behalf of all the cities. The city team included three City Managers or Administrators (Federal Way, Burien and Tukwila), representatives of the executive in Seattle, Bellevue and Shoreline, the Finance Director of Kirkland, the Police Chief of Renton (chair of King County Chiefs Association), and the City Attorney for Mercer Island. The cities also hired a consultant to assist in the negotiations. Cities have had an agreement with King County for jail services since the 1960's at the downtown Seattle jail facility. The City of Seattle joined the agreement in the 1970's when they transferred operation of the downtown Seattle jail facility to the County and a new/refurbished jail was constructed. In the late 80's an additional jail was constructed in Kent (Regional Justice Center), and property for a future East King County jail facility was purchased. The RJC and East King County property acquisitions were financed by a countywide excess levy. The County also operates a drug and alcohol treatment facility (North Rehabilitation Facility in Shoreline), electronic home detention, and work release programs. In total, the County has 3,567 beds that are used for both felony and misdemeanor pre- and post-sentence inmates. The County, under state law, has the responsibility for housing all felony and juvenile inmates at the County's expense. In addition, the County is responsible for housing misdemeanants cited in unincorporated King County and those arrested on state charges by state agencies, such as the State Patrol. The cities have the responsibility for housing misdemeanant inmates cited in their communities (misdemeanors include theft, driving offenses, DUI's, domestic violence, shop lifting, etc). Most cities in King County have had a contract with King County to house their misdemeanant inmates. In 2000 the cities used a combined total of 719 beds of the County's total 3,567, or 20% of the available jail bed space. The County jail budget is $109 million dollars. The cities' jail contract payments, until recently, have accounted for approximately $20 million of that total. The City of Seattle represents 397of the 719 jail beds used by the cities. Due to the escalating cost of King County jail beds under the prior jail contract, cities began managing their jail populations in the late 1990's by a number of means: establishing or expanding city jails; establishing electronic home detention and day reporting programs in their communities; and contracting with each other, or other jurisdictions, for jail services. Federal Way was one of the first cities to manage jail populations more cost effectively and currently has four jail services contracts in addition to the King County jail contract. This practice expanded significantly between 2000 and 2002, with a growing number of cities contracting for less expensive jail services outside King County. Meanwhile, King County found its general government revenue base declining, its jail population expanding, and its labor and facilities costs increasing. In addition, the State is requiring that the County close or refurbish the North Rehabilitation Center (291 beds), while the downtown jail requires a significant upgrade to its electronic security system. Shortly after the start of jail contract negotiations, the County decided they would not build a new jail facility and would close the North Rehabilitation Facility. As a result of these factors, the County determined that it wished to reduce, and ultimately eliminate, the use of County jail facilities by the cities' misdemeanant inmates. Given this background, the cities decided jointly to seek an alternative jail services provider (Yakima County) and negotiate a short-term transition contract with King County. The cities had six objectives for the King County contract: 1. Rate: Reduce the cost of jail services below the County proposed $84 per day plus "premium" charges, provide more predictable aunual jail costs and eliminate payment for 10% of felony days. The agreed-upon rate for 2002 is $77.37. For each calendar year thereafter, the rate will be increased by 5.8 pement. The only "premium" charge is $205.35 for Medical and Psychiatric Inmates. Cities will no longer be charged 10% of felony days. 2. Capacity: Establish a reasonable amount of jail capacity for cities in the King County jail facilities while cities establish new jail services agreement(s) with Yakima County, and work toward establishing permanent facilities for city misdemeanant inmates. In conjunction with the Yakima County Jail Contract, this contract provides that the aggregate number of city inmates in K.C. Jail will be no more than the following: · 380 byDecember 31, 2003. · 250 byDecember 31, 2004. · 220 by July 1, 2005 · 0 by December 31, 2012 3. Term: Provide at least ten years for the transition with a contract through 2012. This Agreement commences on November 1, 2002, extends to December 31, 2012, and may be renewed annually. 3. Jail Advisor,/Committee: Change the advisory committee structure to provide a forum for working out jail management operating and transition issues. Section 10 provides for the Jail Administration Group, composed of eigj~t representatives as follows, to work together to assure the effective implementation of this Agreement: · 1 - County Executive Representative · 1 - City of Seattle Representative · 1 - City of Bellevue Representativ. e · 1 - Department of Adult and Juvenile Detention Director · 4 - Suburban Cities Representatives 5. Exemption from County Council Fiscal Capacity Limits: Assure that space would be available for city inmates even if the County is not able to afford operating space for County inmates. Section 11.2 states that the County will not set a budgetarv constraint that will prevent the County from performing under the terms of this Agreement, specifically the capacity set in paragraph 7 above. 6. Transfer East King County jail site to Cities: Transfer previously pumhased property to the cities, likely for re-sale, to establish some resources for new misdemeanant facilities or services, and assure that the County will cooperate in providing data and other information needed to plan new facilities. Prior to July 1, 2004, the County will convey this property to the City of Bellevue to hold on behalf of all Contract Cities. The property will contribute to the cost of building or contracting secure capacity to meet the King County Jail 0 capacity deadline of December 31,2012. 7. Staff Recommendation: Staff recommends that the Parks Recreation/Human Services/Public Safety Council Committee approve the proposed King County Jail Contract for 2002 to 2012. Committee Recommendation: Approve the King County Jail Contract, and forward to full Council for consideration at the October 15, 2002, Council meeting. King County Ron Sims King County Executive 516 Third Avenue, Room 400 Seattle, WA 98104-3271 206-296-4040 206-296-0194 Fax ~ Relay: 711 www.metrokc.gov August 28, 2002 The Honorable David Moseley City Manager, City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Dear Mr. Moseley: I am very pleased to transmit for the approval of your City Council and your execution a new Jail Services Agreement. I have signed the new Agreement, but my execution of the Agreement is subject to the King County Council's approval. I am asking the King County Council to act expeditiously. The Agreement is the culmination of more than a year of intense negotiations and represents, in my judgement, a fair and balanced approach to meeting our collective needs for jail services over the next ten years at a time when cities and counties are facing serious financial problems. I commend the cities' negotiating team for representing your interests well. Please notice that, in addition to returning the executed Agreement together with a copy of your City Council's motion, resolution or ordinance authorizing the Agreement, several pieces of information are required in the body of the Agreement: Page 10 designated drop-off location 10 back-up drop-off location 12 contact person to receive notices Please return the required materials and information no later than November 1, 2002. A return envelope addressed to Steve Thompson, Director, King County Department of Adult and Juvenile Detention, 500 Fifth Avenue, MS KCF-AD-0600, Seattle, WA 98104 is enclosed for your convenience. RECEIVED AUG ~ C! 200Z CITY OF FEDERAL WAY King County Executive c~xY MANAGER'S OFFICE Enclosures King County is an Equal Opportunity/Affirmative Action Employer and complies with the Americans with Disabilities Act Interlocal Agreement Between King County and the City of Federal Way for Jail Services THIS INTER.LOCAL AGREEMENT ("Agreement") is dated effective the 1a day of November, 2002. The Parties to this Agreement are King County, a Washington municipal corporation and legal subdivision &the State of Washington (the "County") and the City of Federal Way, a Washington municipal corporation (the "City"). This Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34) and the City and County Jails Act (RCW Chapter 70.48). In consideration of the promises, payments, covenants and agreements contained in this Agreement, the parties agree as follows: I. Definitions: Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this Agreement: 1.1. "Booking" means registering, screening and examining inmates for confinement in the Jail; inventorying and safekeeping inmates' pemonal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate. 1.2. "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except holidays. 1.3. "City Inmate" means a person booked into or housed in the Jail when a City charge is the principal basis for booking or confining that person. A City charge is the principal basis for booking or confining a person where one or more of the following applies, whether pre-trial or post-trial: 1.3.1. The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense within the City's jurisdiction, whether filed under state law or city ordinance; 1.3.2. The person is booked or confined by reason ora Court warrant issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; 1.3.3. The person is booked or confined by reason of a Court order issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; or, 1.3.4. The person is booked or confined by reason of subsections 1.3.1 through 1.3.3 above, in combination with charges, investigation of charges, and/or warrants of other governments, and the booking or confinement by reason of subsections 1.3.1 through 1.3.3 above is determined to be the most serious charge in aneordance with Exhibit I. ** Interlocal Agreement: Jail Services 1.3.5. A City charge is not the principal basis for confining a person where the person is booked or confined exclusively or in combination with other charges by mason of a felony charge or felony investigation. 1.3.6. A City charge is not the principal basis for confining a person where the person is confined exclusively or in combination with other charges by reason of a felony charge or felony investigation that has been reduced to a State misdemeanor or gross misdemeanor. 1.4 "Contract Cities" means cities that are signatory to this Agreement. 1.5 "Continuity of Care Records" means an inmate's diagnosis, list of current medications, treatments, PPD results and scheduled appointments or follow-ups. 1.6 "County Inmate" means any inmate that is not a City Inmate. 1.7 "Force Majeure" means war, civil unrest, and any natural event outside of the party's reasonable control, including fire, storm, flood, earthquake or other act of nature. 1.8 The first "Inmate Day" means confinement for more than six (6) hours measured from the time such inmate is first presented to and accepted by the Jail until the inmate is released, provided that an arrival on or at~er six (6) o'clock p.m. and continuing into the succeeding day shall be considered one day. The second and each subsequent Inmate Day means confinement for any portion cfa calendar day after the first Inmate Day. For persons confined to the Jail for the purpose of mandatory DUI sentences, "Inmate Day" means confinement in accordance with Exhibit II. 1.9 "JAG" means the Jail Agreement Administration Group created pursuant to Section 10 of this Agreement. 1.10 "Jail" means a place primarily designed, staffed, and used for the housing of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted cfa criminal offense; or for confinement during a criminal investigation or for civil detention to enforce a court order. Upon the date of the execution of this Agreement, Jail includes the King County Correctional Facility, the detention facility at the Regional Justice Center, the North Rehabilitation Facility; and any Community Corrections Facility and/or Program, such as Work Release, Electronic Home Detention, Work Crews, Day Reporting, and Evening Reporting operated by the County directly or pursuant to contract. 1.11 "Medical Inmate" means a City Inmate or County Inmate clinically determined by the Seattle-King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's infirmary or other medical facility that the County may choose to send a Medical Inmate. If an inmate is moved to the general population then the inmate is no longer considered a Medical Inmate. 2 ** Interlocal Agreement: Jail Services 1.12 "Official Daily Population Count" is an official count of inmates in the custody of the Jail made at a point in time in a 24-hour period for, among other purposes, security and population management. It is not used for billing purposes. 1.13 "PARP" means the Population Alert and Reduction Plan attached as Exhibit IV. 1.14 "Psychiatric Inmate" means a City Inmate or County Inmate clinically determined by the Seattle-King County Deparhnent of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's psychiatric housing units or other medical facility that the County may choose to send a Psychiatric Inmate. If an inmate is moved to the general population then the inmate is no longer considered a Psychiatric Inmate. 2. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail, except as provided in Sections 4.5 and 11 of this Agreement. The County shall also finnish the City with Jail facilities, booking, transportation among County facilities, as determined necessary in the County's sole discretion, including the various Jail facilities, Harborview Medical Center and Western State Hospital, and custodial services, and personnel for the confinement of City Inmates at least equal to those the County provides for confinement of County Inmates. However, the County reserves the right to operate specific programs and/or facilities exclusively for County Inmates. The County shall furnish to City Inmates all Jail medical, dental and other ' health care services required to be provided pursuant to federal or state law. Also, the County shall make every reasonable effort to release a City Inmate as expeditiously as possible after the County has received notification of a court order to release. 3. City Compensation. The City will pay the County a booking fee and a maintenance charge as follows: 3.1 Booking Fee. The booking fee shall be assessed for the booking of City Inmates by or on behalf of the City into the Jail. The booking fee shall be as provided in Exhibit IH. The effective date of each annual adjustment will be January 1s~. The County will maintain its program of contacting the City after booking a City Inmate in order to give notice that the City Inmate has been booked and to provide the opportunity for release to the City if the City so desires. Such action will take place as soon as reasonably possible but no later than the next business day after booking and will result in no maintenance charges if the City Inmate is released to the City within six hours of booking. The parties agree that the issue of providing earlier notice to the Contract Cities of booking of City Inmates shall be immediately referred to JAG for resolution. The County will maintain its program to notify the City of the status of its inmates in cases where confinement is the result of multiple warrants from two or more jurisdictions. This program will allow the City to take custody of a City Inmate if it so desires after the other jurisdictional warrants are resolved and thereby prevent unnecessary maintenance charges. 3.2 Maintenance Charge. The maintenance charge shall be assessed for a City Inmate for each Inmate Day. The maintenance charge shall be as provided in Exhibit IH. The effective date of each annual adjustment will be January 1a. The City will be billed the daily maintenance charge for Medical and Psychiatric Inmates, except as provided for in Section 11.7 of this Agreement. 3 ** Interlocal Agreement: Jail Services 3.3 Proportional Billing. The parties intend to develop a system of proportional billing which will divide the costs of incarceration between two or more jurisdictions where multiple jurisdictions have a hold on a City Inmate. The parties agree to negotiate, in good faith, in an attempt to develop such a system. 4. Billing and Dispute Resolution Procedures. 4.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after receipt, the City shall pay the full amount billed or withhold a portion thereof and provide the County written notice specifying the total amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). 4.2 Withholding of any amount billed or alleging that any party is in violation of any provision of this Agreement shall constitute a dispute, which shall be resolved as follows: 4.2.1 The County and the City shall attempt to resolve the dispute by negotiation. If such negotiation is unsuccessful, either party may refer the dispute to JAG for resolution. In the event JAG is unable to resolve the dispute within 30-days of referral, either party may appeal. All appeals shall be referred to the Chief Executive Officer of the City, or designee, and the County Executive, or designee, for settlement. Ifnnt resolved by them within thirty (30) days of the referral, the Chief Executive Officer and the County Executive by mutual written consent may seek arbitration or mediation of the matter. Each party shall pay one-half of the arbitrator's or mediator's fees and expenses. If mutual written consent to apply for the appointment of an arbitrator or mediator is not reached, or the dispute is not resolved through arbitration or mediation, either party may seek court action to decide the dispute. If either party prevails in a court action to enforce any provision of this Agreement, it shall be awarded reasonable attorney's fees to be based on hourly rates for attorneys of comparable experience in the community. 4.3 Any amount withheld from a billing, which is determined to be owed to the County pursuant to the dispute resolution procedure described herein, shall be paid by the City within thirty (30) days of the date of the negotiated resolution or appeal determination. 4.4 Any undisputed billing amount not paid by the City within sixty (60) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure that are not paid within thirty (30) days of rasolution, shall be conclusively established as a lawful debt owed to the County by the City, shall be binding on the parties and shall not be subject to legal question either directly or collaterally. This provision shall not limit a City's ability to challenge or dispute any billings that have been paid by the City. 4.5 If the City fails to pay a billing within 45-days of receipt, the County will notify the City of its failure to pay and the City shall have ten (10) days to cure non-payment. In the event the City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to house City Inmates in the Jail and, at the County's request, will remove City Inmates already housed in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept no further City Inmates until all outstanding bills are paid. 4 ** Interlocal Agreement: Jail Services 4.6 The County may charge an interest rate equal to the interest rate on the monthly County investment earnings on any undisputed billing amount not paid by the City within forty-five (45) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure. 4.7 Each party many examine the other's books and records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall be resolved pursuant to Section 4.2. 5. Term. This Agreement shall commence on November 1, 2002 and shall supersede all previous contracts and agreements between the parties relating to the Jail and jail services. This Agreement shall extend to December 31, 2012 and may be renewed annually by the agreement of the parties. 6. Termination. Neither party may terminate this Agreement prior to January 1, 2004. Thereat~er, either party may initiate a process to terminate this Agreement as follows: 6.1 Ten-Day Notice of Intent to Terminate. Any parly wishing to terminate this Agreement shall issue a written notice of intent to terminate, not less than ten (10)' days prior to issuing a ninety (90) day termination notice under Section 6.2 of this Agreement. Upon receipt of the written notice of intent to terminate, the parties will meet to confer on whether there are steps that the non-terminating party can take in order to avoid a ninety (90) day termination notice under section 6.2 of this Agreement. 6.2 Ninew-Day Termination Notice'.Atter the ten (10) day period has run under Section 6.1 of this Agreement, the party desiring to terminate this Agreement may provide the other party ninety (90) days written termination notice, as provided in RCW 70.48.090. 7. Limited Re-Opener. The County or the Cities may request (a) during the year 2006, and during the year 2009, that the parties meet to negotiate a change to the charges being paid under Exhibit HI; or (b) at any time prior to December 31, 2006, that the parties meet to negotiate a change to any operations covering Medical or Psychiatric Inmates. In the event such a request is made, the parties agree to meet and negotiate in good faith on the issue. However, if no agreement is reached, the terms of this Agreement will continue to apply. 8. Indemnification. 8.1 The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that, the City retains the fight to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or 5 ** Interlocal Agreement: Jall Services jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 8.2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suite if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 8.3 In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility, which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enfomeability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 8.4 The terms of Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 9. Most Favored Treatment. The County represents and assures the City that no other city or town has or will receive more favored treatment under a contract with the County covering the Jail or jail services. If advantages are provided inmates of another city or town, like advantages shall be extended to City Inmates; and if lower rates are provided in any contract with another city or town, such reduced charges shall be extended to the City under this Agreement. This Section shall not apply to a) temporary service contracts twelve months' or less in duration; provided that such temporary service contracts shall not cause the City to pay more in maintenance charges and booking fees than the City would have paid without such a temporary service contract; b) reciprocal bed use agreements; c) any agreement among the County and any city or town related to additional jail capacity at a new or expanded Jail; and d) any agreements for services among the County and any city or town for additional services not provided for in this Agreement. 10. Jail Agreement Administration Group (JAG). JAG is hereby established to work together to assure the effective implementation of this Agreement and resolve any Agreement or PARP administration, implementation or interpretation issues including, without limitation, issues related to inmate transportation, alternative and community correction programs, coordination with the courts and law enforcement, mental health, drug and alcohol treatment, Agreement interpretation, any capital expenditure charge or budget included in the maintenance fee, referrals of disputes under Section 4 and issues related to the expedient transfer of City Inmates into or out of alternative facilities within or outside of King County. JAG shall also negotiate any reopener of the provisions described in Section 7 of this Agreement. JAG shall be initially established by November l, 2002. 6 ** Interlocal Agreement: Jail Services The committee shall be composed of eight persons as follows: County Executive Representative (1) City of Seattle Representative (1) City of Bellevue Representative (1) Director of the Department of Adult and Juvenile Detention (1) Suburban Cities Representatives (4) The City of Seattle representative will be appointed by the Mayor of Seattle. The City of Bellevue representative will be appointed by the City Manager. The Suburban Cities Association (SCA) shall select four (4) representatives through a process defined by the SCA. The Mayor of Mayor/Council cities or the City Manager of Council/Manager cities shall appoint the representative of each city selected by the SCA. Notice of the city representatives and any changes thereto shall be provided to the County Executive. The Committee shall meet at least quarterly. A Chair shall be selected from among the members. 11. Jail Capacity. The parties understand that the number of beds available in King County may not meet the demands for those beds in the future. The following items attempt to address the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions within capacity. 11.1 PARP. The parties agree to make a good-faith effort to cooperatively implement all provisions of the PARP. Additionally, King County agrees to be bound to the Population Alert Notification section of the PARP with the caveat that King County will not be held to the Population Alert Notification section of the PARP in the event of force majeure or computer or telecommunications failure. The parties have also prepared a Table set forth in Exhibit V. This Exhibit represents a good faith effort by the parties to estimate Jail bed demand and supply for the years 2002 through 2005. However, the King County supply scenarios contained in Exhibit V are not binding on the County. 11.2 Capacity for Cit~ Inmates. When necessary, King County will double bunk the Regional Justice Center up to 65% to accommodate City Inmates. The parties understand that the County's commitment to double bunk up to 65% at the Regional Justice Center to accommodate City Inmates means that the County will not set a budgetary constraint that will prevent the County from performing under the terms of this Agreement. 11.3 The Contract Cities agree to the following population reduction schedule for the aggregate number of City Inmates. A) By December 31, 2003, at the time of the Jail's Official Daily Population Count the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 380. ** Inteflocal Agreement: Jail Sen~ices B) By December 31, 2004, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 250. C) By July 1, 2005, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 220. D) By December 31, 2012, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 0, with the exception that inmates whose status has changed to City Inmate will not be included in the calculation of the aggregate number of City Inmates if the inmate is removed from the Jail within 72-hours of such change in status. For the purpose of determining the aggregate number of City Inmates only, and not for billing purposes, inmates held on multiple warrants by the County which include one or more city warrants in addition to a County and/or state warrant and City Inmates that have been booked into the Jail and the Contract Cities have not been notified of such booking shall not be considered a City Inmate. Also, City Inmates housed in the Jail pursuant to a reciprocal bed-use agreement will not be considered City Inmates for the purpose of determining the aggregate number of City Inmates. 11.4 The City agrees to be bound by the population reduction schedule listed in Section 11.3. Accordingly, in the event the aggregate City Inmate population: A) Exceeds 380 on any given day from December 31, 2003, through December 31, 2004; or B) Exceeds 250 on any given day from December 31, 2004, through June 30, 2005; or C) Exceeds 220 on any given day from July 1, 2005 to December 31, 2012; or D) Exceeds 0 on any given day after January 1, 2013, except as provided in Section 11.3; then the County will have the right to take the actions outlined in Section 11.5. 11.5 The County will notify the Contract Cities by phone or electronic mail, if the Contract Cities have exceeded the population reduction schedule described in Sections I 1.3 and 11.4. The County may then decide to continue to house City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4. Alternatively, the County may refuse to accept bookings from the City until such time as the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4. If the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4, through removal of City Inmates from the Jail, then the County will be obligated to accept new City bookings. The notification required by the first sentence of this Section, will be made to the person 8 ** Interlocal Agreement: Jail Services designated in Section 13.10 of this Agreement, and will inform the City whether the County intends to continue to house City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4. 11.6 The Jail's capacity limit for Medicai Inmates is twenty-six (26). The Jail's capacity limit for Psychiatric Inmates is one hundred fifty one (151). For the purpose of this Section the Medical and Psychiatric Inmate population will be determined following the definitions in Sections 1.11 and 1.14 at the time of the Jail's Official Daily Population Count. 11.7 When the Jail 'has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 11.6, the County will notify the City by phone or electronic mail. Such notification will be made to the person designated in Section 13.10 of this Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 11.6, or the County may inform the City that it is willing to continue to house these imnates at the premium maintenance day charge as detailed in Exhibit m. The premium maintenance day charge in Exhibit HI may only be charged when 1) the capacity limit is exceeded, 2) additional staffare assigned and compensated to serve these excess Medical or Psychiati'ic Inmates, 3) additional medical or psychiatric bed capacity is created, and 4) notice is provided as detailed above in this Section. 11.8 County requests under Section 11.7 will be made as follows. The billable City with the most recent City Inmate admitted as Medical or Psychiatric Inmate will be asked to take custody of that inmate. This process will be repeated until such time as the Medical and Psychiatric populations are reduced below capacity limits, or the Jail is willing to continue to house these inmates at the premium maintenance day charge as detailed in Exhibit HI. 11.9 If the County, pursuant to Sections 11.7 and 11.8, requests that the City take custody of Medical or Psychiatric Inmates, the City shall comply with the County's request. The City may take custody of its~ Medical or Psychiatric Inmates by picking them up within 24-hours of the County's request, or by notifying the County, within 24-hours of the County's request, that the City would like the County to deliver the inmates to the City's ~ Within eight (8)-hours of the County's request, the City may provide the County with the names of other Medical Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies substitute Medical Inmates that are City Inmates, the provisions of Section 11 will continue to apply. In the event the City identifies substitute Medical Inmates that are the responsibility of a different City (Substitute City), the Substitute City will be responsible for picking-up the substitute Medical Inmates within 24-hours of the initial request for pick-up. In the event the Substitute City fails to pick-up its Medical Inmates within 24-hours of initial notification to the City, the County will deliver the Medical Inmates named in the original notification to the City's designated drop-offlocation or backup location. The substitution procedures outlined in this footnote will also apply to PsychiaWic Inmates. 9 ** Interlocal Agreement: ~ail Services designated drop-off location or a backup location previously provided to the County~. If the City has not picked-up the Medical or Psychiatric Inmate within 24-hours of the County's request, or the City has requested that the County take the Medical or Psychiatric Inmate to the designated drop-off location or backup location, the County will deliver the Medical or Psychiatric Inmate to the City's designated drop-off location or backup location. In either ease, the City's designated drop-offlocation or backup location must accept delivery from the County, and must be available to do so seven days a week, twenty-four hours a day. In all cases, the County shall provide the receiving entity with Continuity of Care Records, in a sealed envelope, at the time custody is transferred. The City will ensure that the City and the receiving entity comply with all applicable confidentiality laws and rules. Similarly, the City will ensure that Continuity of Care Records are provided to the County at the time custody ora City Inmate receiving the level of care consistent with a Medical or Psychiatric Inmate is transferred to the County. 11.10 The County will transport Medical or Psychiatric Inmates to a designated drop-off location or backup location within King County, Washington without charge. The City will pay all transportation costs for Medical or Psychiatric Inmates taken to a designated drop off location or backup location outside of King County, Washington. In no case will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state. 12. Transfer of Property. The parties agree that prior to July 1, 2004 the County will convey, pursuant to the terms of the Land Transfer Agreement attached as Exhibit VI, to the City of Bellevue, Washington, to hold on behalf of all Contract Cities, as third party beneficiaries, certain real property located at 1440 116th Avenue N.E. and 1412 116t~ Avenue N.E., Bellevue, Washington (Property). The Contract Cities may at their sole discretion enter into an agreement with other King County cities for the purpose of providing for the disposition of the Property. The Property will be used to contribute to the cost of building secure capacity, or contracting for secure capacity, and, at the sole discretion of the Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not build secure capacity, or contract for secure capacity, and, at the sole discretion of the Contract Cities build or contract for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MIA appraiser selected by mutual agreement of King County and z Tho City's designated drop off location and backup location must be either a facility in the direct control of the City or a facility that is contractually obligated, consistent with the terms of this Agreement, to act as the City's designated drop-offlocation or backup location. The City may change their designated drop offlocation or backup location by notifying the County, in writing, of the change. 10 ** lmterlocal Agreement: Jail Services the City of Bellevue, plus investment interest earned. This section shall survive any termination of this Agreement prior to December 31, 2012. 13. General Provisions 13.1 Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a riot or civil disobedience, to establish group homes or other care or rehabilitation facilities in furtherance of a social service program, and to comply with a final order of a federal court or a state court of record for the care and treatment of inmates. 13.2 Grants. Both parties shall cooperate and assist each other toward procuring grants or financial assistance from the United States, the State of Washington, and private benefactors for the Jail, the care and rehabilitation of inmates, and the reduction of costs of operating and maintaining Jail facilities. 13.3 Harborview Costs. Should the County be charged for hospitalization costs for City Inmates, excluding costs reimbursable from another jurisdicfion, both parties agree to reopen negotiations on this specific point. If an. impasse is reached then the process outlined in Section 4 of this Agreement will be followed. 13.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 13.5 Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance of any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance at, er notice ora deficiency in performance constitute an acquiescence thereto. The parties are entitled to all remedies in law or equity. 13.6 Exhibits. This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit I Method of Determining Billable Charge and Agency Exhibit Il Exception to Billing Procedure Exhibit III Maintenance Charge, Premium Maintenance Charge and Booking Fee Exhibit IV Population Alert and Reduction Plan Exhibit V Comparison of Estimated King County Jail Bed Demand and Supply 2002 to 2005 Table Exhibit VI Land Transfer Agreement Exhibit VH List of Cities 13.7 Entire Aareement. This Agreement represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 11 ** Interlocal Agreement: Jail Services 13.8 Modifications. All provisions of this Agreement may be modified and amended with the mutual written consent of the parties hereto. 13.9 Force Majeure. In the event either party's purformance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/ur restored. 13.10 Notices. Except as otherwise provided in this Agreement, any notice required to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested or by personal service to the following person._' For the City: For the County: Steve Thompson, Director King County Department of Adult and Juvenile Detention 500 5t~ Avenue, MS KCF-AD-0600 Seattle, WA 98104 13.11 Agreement Offered. The County will offer this Agreement to the cities listed in Exhibit VII. Such offer is open to those cities until October 31, 2002, or such later date as may be approved by King County and all of the Contract Cities. Additionally, King County and ali of the Contract Cities, by mutual agreement, may offer this Agreement to cities not listed on Exhibit VII. 13.12 Council Approval. The parties' obligations under this Agreement are subject to official City or County Council approval. 13.13 Information. The parties furthar agree to share data and information fur the purpose of assisting the Contract Cities in the planning and construction of secure capacity, contracting for secure capacity or alternative correction facilities. King County City of Federal Way: '~ ~ Title Date Date Approved as to Form Approved as to Form Deputy Prosecuting Attorney D~te~ ~'/~''~ Date 13 EXHIBITS Exhibit I Method of Determining Billable Charge and Agency Exhibit H Exception to Billing Procedure Exhibit III Maintenance Charge, Premium Maintenance Charge and Booking Fee Exhibit IV Population Alert and Reduction Plan Exhibit V Comparison of Estimated King County Jail Bed Demand and Supply 2002 to 2005 Table Exhibit VI Land Transfer Agreement Exhibit VII List of Cities EXHIBIT I Method of Determining Billable Charge and Agency Daily the billing program examines the open charges for each active booking and applies a uniform set of rules to select the billable charge. Then the billable agency is determined from the billable charge. Under these rules, the most serious charge, as determined by type of charge (felony, investigation, misdemeanor), pretrial or sentenced status and bail amount, is considered the principal basis for incarceration, pursuant to Section 1 of this Agreement. The procedure for selecting the billable charge is as follows. The program will proceed in sequence through the series of procedures only as far as needed to isolate one charge as billable. 1 ~ Select the only felony or investigation of felony charge. If there are more than one, go to Rule 2. If there are no felony or investigation of felony charges, proceed to Rule 3. 2. Select the charge with charge status other than Federal or Immigration. If there are no other charge statuses, determine if the charge is Federal or Immigration and bill accordingly. 3. Select the only misdemeanor charge. If there are more than one, continue to Rule 4. 4. Select the sentenced charge. Find the agency with the longest sentence. If there are no sentenced charges, go to Rule 6. 5. If there is no longest sentence, or if all are sentences of equal length, select the charge with the earliest sentence date. 6. Select the charge for the arresting agency. If there is no arresting agency or charges, select the carliest charge entered and set the billable agency of that charge. 7. If there are no sentenced charges, and if the arresting agency has no charge, then find the agency having the highest total accumulated bail amount and select the first charge entered for that agency. 8. lfbail is equal among jurisdictions and no charges are sentenced, or if all charges are sentences of equal length, select the charge having the earliest charge number. EXHIBIT II Exception to Billing Procedure between King County and Cities Signing the Agreement for Jail Services For persons serving the one and two day commitments pursuant to thc mandatory DUI sentence grid who report directly from the community to the Jail for incarceration, inmate day shall not be defined according to Section 1.8 of the Agreement. Instead, inmate day shall be defined as a twenty-four hour period beginning at the time of booking. Any portion ora twenty-four hour period shall be counted as a full inmate day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the court commitment. Two examples are provided for illustration: Two-day sentence served on consecutive days: I J°hn D°e IB°°ked 7/1/90 0700Number of inmate days = 2 IReleased 7/3/90 0700 I Two-day sentence served on non-consecutive days: John Doe Booked 7/1/90 0700 Temporary Release 7/2/90 0700 Return to Jail 7/8/90 0700 Released 7/9/90 0700 Number of Inmate days = 2 The Department of Adult and Juvenile Detention will apply this definition of inmate day to the City's direct DUI one and two-day inmates by adjusting the City's monthly bill before it is sent to the City. If the changes are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which will make the necessary adjustments. EXHIBIT 111 Maintenance Charge, Premium Maintenance Charge & Booking Fee 1. MAINTENANCE CHARGE. The maintenance charge for 2002 is $77.37. For each calendar year thereafter the maintenance charge will be increased by 5.8 percent. In addition to the 5.8 percent increase, King County will increase the maintenance charge to capture the cost of capital expenditures. Capital expenditures are defined as the cost of repairing and renovating current jail capacity and support and administrative facilities that benefit Jail operations. Capital expenditures include the Integrated Security Project (ISP) and the Courthouse Seismic Stabilization Project (CSSP). Additional capital expenditures will be included in the maintenance charge if such expenditures benefit City Inmates. Any capital expenditure that solely benefits County Inmates will not be charged to the City. Capital expenditures will be calculated in proportion to the square footage that benefits adult detention. Cities will be billed their proportionate share based on the total number of inmate days. DAJD will estimate the total number of inmate days for a given year. By April 30th of the following year DAJD will reconcile this capital expenditure number and adjust the City's next billing accordingly. The County shall provide its 6-year C1P and its 6-year major maintenance plan to the City on an annual basis. The County will provide a detailed line item budget of each capital expenditure. If the City disputes that the capita/expenditure benefits City Inmates or otherwise disputes the inclusion of the capital expenditure or any portion of the capital expenditures' budget in the maintenance fee, the mat~er will be referred to JAG as described in Section 4 of this Agreement. Capital expenditures will not be charged to the City to the extent such capital expenditures are covered by federal grants, state grants, insurance proceeds, capital maintenance reserves or voter approved capital funding for jail related improvements. King County will provide the City with a sample calculation o£the maintenance charge for the years 2002-2005, which will include a rough estimate of capital expenditures. Capital expenditure charges shall begin, if debt financed, when debt service payments begin for the permanent financing of the capital expenditure and shall continue until the end of the debt amortization unless the debt amortization is less than fifteen (15) years, in which case the charges to the cities will be amortized over fifteen (15) years. If the capital expenditure is not debt financed, capital expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. 2. PREMIUM MAINTENANCE CHARGE. The premium maintenance charge for 2002 for Medical and Psychiatric Inmates is $205.35 and may only be charged consistent with the conditions in Section 11.7 of the Agreement. For each calendar year thereafter, the premium maintenance charge will be increased by 5.8 percent. 3. BOOK1NG FEE. The booking charge for 2002 is $148.78. For each calendar year thereafter the booking charge will be increased by 5.8 percent. EXHIBIT IV Population Alert and Reduction Plan This Population Alert and Reduction Plan (PARP) attempts to balance the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions. Periodic reports (at least quarterly) will be provided by the County and the Cities to the Jail Agreement Administration Group established in the Agreement on PARP implementation efforts. I. Reduction Plan: Initial Steps It is the goal of King County and the Contract Cities to avoid reaching population levels that trigger population alerts. To this end the parties will examine current practices and to the extent available use population reduction strategies and alternatives to secure detention programs to reduce reliance on secure jail beds. In addition, during 2002 and 2003 the following actions will be undertaken to prepare for the possibility of a mismatch between capacity and demand for secure jail beds. 1. Development and implementation of the notification system outlined belo,v by November 15, 2002. 2. The Contract Cities will sign a contract to be effective no later than third quarter 2003 with Yakima County or another jurisdiction to achieve the population reduction schedule listed in Sections 11.3 and 11.4 of the Agreement. 3. King County Executive will make best efforts to obtain funding and implement community corrections pilot programs (Day Reporting and Work Crews) which are expected to reduce the utilization of secure capacity by 60 beds. 4. The County agrees to seek participation by the King County Prosecutor, Superior Court and District Court to develop a plan for reducing the use of secure beds. The goal would be to reduce the use of non-city secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The County agrees to make a good-faith effort to implement court approved plans for which funding has been approved. 5. The Contract Cities agree to seek participation by City prosecutors and courts to develop a plan incorporating thc elements described below for reducing the use of secure beds. The goal would be to reduce the use of secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The City agrees to make a good-faith effort to implement court approved plans for which funding has been approved. 6. The JAG will discuss and provide advice on an implementation plan for all reduction plans. II. Definitions "Operational capacity" is the number of secure jail beds that can be operated by DAJD within annual adopted budget appropriation and within legal limitations including, but not limited to, limitations outlined in the Hammer settlement agreement and the Agreement with the Contract Cities. Vacancy rates at 5% for the Regional Justice Center and 2½% for the King County Correctional Facility will also be factored into operational capacity. In the event the County changes such vacancy rates, the County agrees to notify JAG. Ill. County Population Alert Notifications The County will provide the Contract Cities with a Population Alert Notification covering three categories: total population, Medical Inmates, and Psychiatric Inmates (PAN-TMP), and a Population Alert Notification for City lnmates (PAN-Cf) A. Timing The PAN-TMP will be updated daily. The PAN-CI will be updated monthly with a lag time of two weeks until such time as the County is able to provide more frequent notice to the Contract Cities. B. Format The County will develop a format for the PAN-TMP and PAN-CI that has an easily understood visual element. A visual "meter" type notice graphic will be developed that will be sent to Contract Cities by automated e-mail and/or appear on the County's web site. Contents 1) The PAN-TMP will provide a snap shot of short-term secure bed population status by the following status groups: Total secure population Medical Inmates Psychiatric Inmates The PAN-TMP will have three levels. Alert Level l/Yellow - Greater than or equal to 95 percent operational capacity by category at the daily official count. Alert Level Il/Orange - The jail population is between 95 percent and 100 percent of operational capacity and has maintained that level for three consecutive days. Alert Level III/Red -The jail population exceeds total operational capacity. The PAN-TMP will contain a "notes" section where the County can inform the cities of events that may affect jail population. 2) The PAN-Cf will be a count of the number of City Inmates. V. Other General Notification Requirements Notice or information will be provided to the other party through the County or cities representative on the JAG as soon as it is available as follows: 2 ISP - County o Transmittal of project budget to the King County Council o Council approval of funding o Project schedule o Bid notice o Notice to proceed o Construction schedule and inmate transfer schedule Status of contracting for secure jail beds in other jurisdictions - Cities o Signature of contracts o Financing approval o Bid notice o Notice to proceed o Construction schedule o Prisoner transfer schedule Alternatives to Secure Detention Programs - County o The County will provide to the JAG a description of all alternative programs to secure detention (including program capacity) either directly operated by the County or operated by another entity under contract. o Notice of plans to initiate or expand alternatives and notice that plans have been implemented, including program capacity. o Copies of program placement criteria and operating protocols, including any agreements with courts. Alternatives to secure detention programs - Cities o The City will provide to the JAG a description of all alternative programs to secure detention (including program capacity) either directly operated by the City or operated by another entity under contract. o Notice of plans to initiate or expand alternatives and notice that plans have been implemented, including program capacity. o Copies of program placement criteria and operating protocols, including any agreements with courts. 3 EXHIBIT V COMPARISON OF ESTIMATED KING COUNTY JAIL BED DEMAND AND SUPPLY 2002 TO 2005 Pre Sentence Secure Beds NRF Beds Total 296 Work Release Total 300 Secure Beds 2973 ~IRF Beds 60 ~.lternatives Work Release Maximum ~IRF Beds Addn'l 60 Alternatives Work Release 190 Total Secure Beds Maximum NRF Beds Total Projected 350 Secure Beds 2973 Maximum NRF Beds 60 Maximum Work Release Assumes a 3% growth rate per year for felony bed demand Assumes no impact from DWLS diversion programs by District Court Assumes cities will reduce jail bed use by Dec 31 of year unless noted. Assumes cities are able to occupy 530 beds in Yakima County and/or Benton County Jail by Decemeber 2003 The County is pursuing policies to reduce the use of secure beds beginning in 2002 that are not reflected in these numbers. Also, capacity restrictions could begin as soon as 2003 depending on County policy decisions. t The number of secure beds listed include double bunking the RJC up to 65% (492 beds). Utilization uires that funding be sou_qht and approved by the County Council. t Assumes ISP begins 3rd Qtr. 2003. ~ Assumes additional alternative beds available 4'" Qtr of 2002. ~ Fifteen EXHIBIT VI Land Transfer Agreement Intergovernmental Land Transfer Agreement Between King County and the City of Bellevue Intergovernmental Land Transfer Agreement Between King County and the City of Bellevue This Intergovernmental Land Transfer Agreement ("Agreement") is made and entered into by and between King County ("County"), and the City of Bellevue ("City"). WHEREAS the County has entered into a Jail Services Agreement ("JSA") with many of the cities located in King County ("Cities") to which this Agreement is an attachment; and WHEREAS the JSA provides for the transfer of real property located at 1440 116th Avenue N.E. and 1412 116th Avenue N.E. in Bellevue, Washington, (said property is described more fully in Exhibit A and referred to herein as the "Property") to the City of Bellevue in consideration for the negotiated rate in the JSA and promises made by the Cities in the JSA related to population reduction; and WHEREAS it is in the best interest of the public that the County transfer said property to the City for the purposes detailed in the JSA; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Obligations of Parties 1.1 Agreement Contingent This Agreement is subject to the execution of an Interlocal Agreement ("Cities Interlocal") between the City and all other interested cities located within King County to provide for the maintenance and disposition of the Property. If the City and the other interested cities are unable to reach agreement on the terms of the Cities Interlocal prior to the date of conveyance as provided in paragraph 1.2, upon written notice from the City of Bellevue to King County, this Agreement shall, at the City's sole discretion, become null and void and the parties will have no further obligation hereunder. 1.2 Conveyance of Title On July 1, 2004, or earlier as hereinafter provided, the County will execute and deliver to the City: 1) a Statutory Warranty Deed conveying and warranting good and marketable title to parcels A, B-I and B-2 free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those exceptions, defects and/or encumbrances identified on Exhibit B; and 2) a Quit Claim Deed conveying parcel C. Parcels A, B-l, B-2 and C are described more fully in Exhibit A and collectively referred to herein as the "Property." 1.3 The City will provide written notice to the County upon satisfaction of all contingencies under Sections 1.1 and 6.2 of this Agreement and the County shall have sixty (60) days thereafter to deliver a conveyance to the City. 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. 2.2 The Property will be used as required in Section 12 of the JSA to enable the Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 1 ! .3 and 11.4 of the JSA. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not comply with Section 12 of the JSA and meet the final step of the population reduction schedule as detailed in Sections 11.3 and 11.4 of the JSA, the City of Beltevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MAI appraiser selected by mutual agreement of King County and the City of Bellevue, plus investment interest earned. 2.3 Should any disagreement arise between the parties as to the interpretation or application of the terms and provisions of this Agreement, the parties shall first engage in informal dispute resolution between designated City and County staffpersons. If those staffpersons are unable to resolve the dispute, the matter shall be referred to the City Manager and the County Executive or their respective designees. If the City Manager and the County Executive or designees are unable to resolve the dispute, the matter shall be referred to non- binding mediation. Should the mediation process fall to resolve the dispute, either party may file an action in King County Superior Court. Each party shall bear its own costs and attorney fees incurred in the dispute resolution process. 3. Condition of Property and Responsibility for Operations, Maintenanee, Repairs, Improvements, and Recreation Services 3.1 The County warrants that it has and will deliver marketable title to Parcels A, B-I and B- 2. The City has inspected and knows the condition of the Property and accepts the Property AS IS, WHERE IS and WITH ALL FAULTS. More specifically, King County does not make and specifically disclaims any warranties; express or implied, including any warranty of memhantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of the County is authorized otherwise. Without limitation, the foregoing specifically excludes warranties with respect to the condition of the Property for development and/or use by City, the presence of any Hazardous Materials, underground storage tanks or contaminated soil, or the actual or threatened release, deposit, seepage, migration or escape of Hazardous Materials at, from or into the Property, and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations, including, without limitation, environmental laws. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. Except as provided in Sections 4 and 5, the City acknowledges and- agrees that the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the City or the County. 3.2 Except as provided in Section 5, the County shall not have any obligation to make any changes or improvements, or to incur any expenses whatsoever for the operation, maintenance, monitoring, repair or remediation of the Property. 4.Indemnification and Hold Harmless 4.1 The County shall protect, indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liabilities, losses, costs, expenses or damages of any nature whatsoever arising from those occurrences related to the Property that occurred prior to the date of conveyance of the Property to the City. In the event that any suit based upon such claims, actions, suits, liabilities, losses, costs, expenses or damages is brought against the City or the City and the County, the County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and/or its elected officials, officers, agents and employees or jointly against the City and the County and/or their respective elected officials, officers, agents and employees, the County shall satisfy the same. 4.2 Except as provided in Section 5, the City shall indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liabilities, losses, costs, expenses or damages of any nature whatsoever arising from those occurrences related to the Property that occurred on or after the date of conveyance of the Property to the City. In the event that any suit based upon such claims, actions, suits, liabilities, losses, costs, expenses or damages is brought against the County or the County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against the County and/or its officers, agents and employees or jointly against the County and the City and/or their respective officers, agents and employees, the City shall satisfy the same. 4.3 Each Party to this Agreement shall notify the other of any and all claims, actions, suits, liabilities, losses, costs, expenses or damages that arise or are brought against that party relating to or pertaining to the Property, within thirty (30) days of receipt of such information. 4.4 Each party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 4.5 These indemnification provisions shall survive the conveyance of the Property and any termination of this Agreement or the JSA. 5. Environmental Liability 5.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 5.2 Nothing in this Agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property by the County, its agents or permittees during the County's period of ownership. The City may not, however, assert such a claim tothe extent that the City exacerbates the cost ofremediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Property, changing the configuration of the Property, or changing the use of the Property The preceding sentence shall not apply to tests, inspections, studies, surveys or appraisals conducted by the City pursuant to Section 6.1. 5.3 If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall notify the County in writing as soon as reasonably practicable, but in any event not more than sixty (60) days after discovery. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. 5.4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 6. City Right of Inspection 6.1 Prior to the date of conveyance, the City shall have the right at City expense to perform uny and all tests, inspections, studies, surveys or appraisals of the Property reasonably deemed necessary by the City. Upon seven (7) days written notice to the County, the City may enter the Property and conduct such tests, inspections, studies, surveys and appraisals. County representatives may attend and witness such tests, inspections, studies, surveys and appraisals. After conducting its tests, inspections, studies, surveys or appraisals of the Property, the City shall restore the Property, as nearly as is practicable, to its condition on the date of City's entry thereon, except to the extent that the City may be required by state or 4 federal agencies to leave any exposed or altered area open for inspection and/or remediation. In addition, the City shall defend, indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from all claims, demands, suits, actions, and liabilities of any kind, including injuries to persons or damages to property, which arise out of, are connected with, or are due to any negligent errors, omissions or acts of the City and/or its contractors, employees, agents, and representatives in the performance of the tests, inspections, studies, surveys or appraisals of the Property. The City specifically assumes potential liability for actions brought by the City's own employees against the County arising from such tests, inspections, studies, surveys or appraisals, and for that purpose the City specifically waives, as respects the County only, any immunity under the Worker's Compensation Act, RCW Title 51; and the City recognizes that this waiver was the subject of mutual negotiation. 6.2 If after conducting its tests, inspections, studies, surveys and appraisals the City determines, in its sole discretion, that condition(s) exist on the Property that will substantially impact the salability of the Property (other than naturally occurring conditions), the City may request that the County remediate such condition(s). In the event that the County falls, within 90 days of receiving the request from the City, to agree to such remediation, or thereafter fails, within a reasonable period of time (but in any event prior to the date of conveyance of the Property), to accomplish such remediation, this Agreement shall, at the City's sole discretion, upon written notice to the County, become null and void and the parties shall have no further obligations under this Agreement or the JSA with respect to this Property. 6.3 Within thirty (30) days of the execution of this Agreement, the County shall provide the City with copies of all of its records related to the County's acquisition and maintenance of and to the condition of the Property. 7. Legal Relationship 7.1 The parties to this Agreement execute and implement this Agreement solely as County and City. No parmership, joint venture or joint undertaking shall be construed from this Agreement. 8. Waiver and Amendments 8.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 9. Entire Agreement and Modifications 9.1 The JSA and this Intergovernmental Agreement and its Exhibits set forth the entire agreement between the parties with respect to the subject matter hereof. Any amendment or modification of the terms of this Agreement must be made in writing and signed by both parties hereto. 10. Duration and Authority 10.1 This agreemem shall be effective upon signature by the authorized signatories of and authorization by the legislative bodies of both parties. The terms, conditions, covenants, and representations contained herein and in the JSA shall not merge into the deed of conveyance, but shall survive the conveyance and shall continue in force. 10.2 Termination of this Agreement by the City pursuant to Section 1.1 or 6.2 shall have no effect upon the terms and enforceability of the JSA except for Section 12 of the JSA. 11. Assignment. 11.1 The City shall not assign this agreement or any rights hereunder except to the cities or another city representing the cities for whose benefit this conveyance of the Property is to be made, and then only if the assignee(s) assume(s) all obligations of the City under this Agreement. 12. Negotiation and Construction. 12.1 This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. All parties acknowledge and represent, as an express term of this Agreement, that they have had the opportunity to obtain and utilize legal review of the terms and conditions outlined in this Agreement, although each party must determine if they wish to obtain and pay for such legal review. Each party shall be and is separately responsible for payment of any legal services rendered on their behalf regarding legal review of the terms found in this Agreement. 13. Notice 13.1 Any notice provided for herein shall be sent to the respective parties at: King County City [INSERT INFO] [INSERT INFO] 1N WITNESS WHEREOF, the parties have executed this Agreement. King County City of Bellevue 6 King County Executive City Manager Date Date Approved as to Form: Approved as to Form: King County City Attorney Senior Deputy Prosecuting Attorney D~e DaM 7 STATE OF WASHINGTON / ss. COUNTY OF KING On this day personally appeared before me , to me known to be the of KING COUNTY, the municipal corporation and political subdivision of the State of Washington that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation and political subdivision, for the uses and purposes therein memioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,2002. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires STATE OF WASHINGTON / ss. COUNTY OF KING On this day personally appeared before me ., the of known to me to be the City that executed the foregoing instrument, and acknowledged such instrument to be [his/her] free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,2002. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires EXHIBIT A Legal Descriptions Parcel A: Lots 3 and 4 of Bellevue Short Plat No. 78-43 as recorded under Recording No. 7807030722, records of King County, Washington; EXCEPT thc South 10 feet thereof. Parcel B-l: That portion of the South 267.6 feet of the North 634.7 feet of the NW 1/4 of the SW 1/4 of Section 28, Township 25 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the Northern Pacific Railway Right-of-Way; EXCEPT the North 242 feet of the West 450 feet thereof; AND EXCEPT the West 30 feet thereof for 116th Avenue NE; AND EXCEPT the South 26.6 feet of the West 250 feet thereof. Parcel B-2: An easement for access for the benefit of Parcel B-1 as granted and set forth in document recorded under Recording No. 7908020842, records of King County, Washington. Parcel C: The South 10 feet of the North 367.10 feet, measured along the Westerly line thereof, of that portion of the Northwest quarter of the Southwest quarter of Section 28, Township 25 North, Range 5 East, W.M., lying Westerly of the right of way of Burlington Northern, Inc., successor to Northern Pacific railway Company, Except the West 450 feet thereof. All situated in King County, Washington. 9 EXHIBIT B (To be attached) 10 EXHIBIT VII List of Cities Algona Auburn Beaux Arts Bellevue Black Diamond Bothell Burien Carnation Clyde Hill Covington Des Moines Duvall Federal Way Hunts Point Issaquah Kenmore Kirkland Lake Forest Park Maple Valley Medina Mercer Island Milton Newcastle Normandy Park North Bend Pacific Redmond Renton Sammamish Sea Tac Seattle Shoreline Skykomish Snoqualmie Tukwila Woodinville Yarrow Point MEETING DATE: October 15, 2002 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Addendum to Yakima County Jail Contract CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memorandum dated September 30, 2002 to Parks, Recreation, Human Services and Public Safety Committee and Addendum to Yakima County Jail Contract SUMMARY/BACKGROUND: During the course of negotiations over a new jail contract with King County, the County proposed to cut back the cities' jail capacity in the near term and to eventually cease providing cities misdemeanor jail services entirely. The cities were approached by Yakima County about a long-term jail contract under which Yakima County, rather than King County, would be the primary provider of the cities' post-sentence misdemeanant jail services. Yakima County offered these jail services at a lower daily rate and no booking fee. In June, 2002, City Council approved a long-term contract with Yakima County. Yakima County then notified the cities that they needed to revise some of the terms of the contract. The Addendem changes effective dates in conjunction with the terms of the King County Jail Contract and provides an additional year to complete the new facility in Yakima. There is no change from the overall daily rate approved by Council in June of this year. CITY COUNCIL COMMITTEE RECOMMENDATION: On October 14, 2002, the Parks, Recreation Human Services and Public Safety Committee reviewed the Yakima County Jail Contract Addendum with a recommendation from staffto forward the contract to the full Council on October 15, 2002 for approval prior to November l, 2002. PROPOSED MOTION: "I move approval of, and authorize the City Manager to sign, the Yakima County Jail Contract Addendum effective November 1, 2002." (BELO}~ TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE October 14, 2002 Meeting Date: September 30, 2002 From: Donna Hanson, Assistant Manager Via: David H. M~nager Subject: Addendum to Yakima County Jail Contract Background: In an e£fort to contain increasing costs, the City o£Federal Way began contracting for jail services with jurisdictions other than King County in 1999. City Council approved an agreement with the City of Fife for misdemeanor defendants incarcerated prior to being sentenced or those with short sentences. Post-sentence misdemeanants with longer sentences are sent to Chelan, Okanogan, and Yakima County jails. However, some Federal Way prisoners are still being sent to King County jail, either because they are female (Fife jail accepts only male prisoners), or because they are awaiting trial on charges fi.om other jurisdictions, and transporting them out of the county would create too many problems and costs during the subsequent proceedings. In May, 2001, King County gave notice to Federal Way and other cities on termination of the jail contract. During the course o£negotiations over a new jail contract with King County, the County proposed cutting back the cities' jail capacity in the near term, eventually ceasing to provide cities misdemeanor jail services entirely. The cities then began proactivcly exploring other options for collectively contracting misdemeanant jail services. During the course of these discussions, the cities were approached by Yakima County about a long-term jail contract under which Yakima County, rather than King County, would be the primary provider o£ the cities' post-sentence misdemeanant jail services. Yakima County offered these jail services at a lower cost than King County. In June, 2002, City Council approved a contract with Yakima County. Yakima County then notified the cities that they needed to revise some of the terms of thc contract as £ollows: · Changes in Definition of Minimum Bed Commitment. The Yakima Long Term Jail Agreement contained certain dates for completion of the new misdemeanant jail facility and the Contract Cities' obligation to deliver a defined number of inmates by a date certain. These dates have been pushed back at thc request of Yakima County, but are still workable within the King County Jail Contract timefi.ames. Section 1 of the Addendum revised the dates in the definition of "Minimum Bed Commitment" as follows: Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal io 150 City Inmates from the effective date of this Agreement until Jtmc September 30, 2003 and equal to 440 City Inmates from July October 1, 2003 until the termination of this Agreement. Yakima is Obligated to Accept City Inmates. Section 4 of the Addendum correspondingly makes the same date changes regarding Yakima County's contractual obligation to accept a certain number of City Inmates. Yakima must accept up to 150 inmates after the effective date of the Agreement and up to 440 inmates after October 1, 2003. If King County refuses to accept our inmates, Yakima agrees to use "best efforts" to find space by contracting with other jail facilities (e.g. Benton County). Further, if Yakima has capacity over the 440-bed commitment, they agree to accept additional inmates. · Daily Rate. Section 6 of the Addendum maintains the 2002 daily rate of $56. However, the rate is based upon a $51 daily inmate fee plus a $5 medical fee. The Long Term Jail Agreement provided for a $46 daily inmate fee and a $10 medical fee. During 2002, the Contract Cities' average medical costs per inmate per day were approximately $2.40 to $2.60. When and if our daily costs exceed $5, the Contract Cities will be responsible for such medical costs over $5. The $56 rate continues to be limited to a 5% armual increase commencing January 1, 2003 and continuing over the seven (7) year term of the Agreement. Yakima will provide the Contract Cities with a quarterly statement providing a detailed description of the medical services and costs. Yakima will use its best efforts to contain medical costs. The Contract Cities will use the Jail Advisory Group formed under the Cities separate Interlocal to discuss any allocation of medical costs in excess of $5 per day. Yakima County agrees to use best efforts to take advantage of the best available state pharmacy programs or to have an operational in-house pharmacy on or before acceptance of long term inmates. · Changes in the Effective Date. Section 2 of the Addendum changes the "effective date" of the Long Term Jail Agreement from September 1, 2002 to November 1, 2002. By November 1st, Contract Cities representing at least 90% of the 440 minimum bed commitment must have approved the Long Term Jail Agreement in order to make the Agreement effective. Once Seattle signs the Long Term Agreement (anticipated to be in mid-October), the Contract Cities will have achieved this ratio of 90%. · Changes in Date to Complete the New Jail Facility. Section 2 of the Addendum extends the completion date for the new jail facility from July 1, 2003 until July 1, 2004. Yakima requires this time period to obtain financing and complete construction of the new jail facility. Under the terms of the recently negotiated King County Jail Services Agreement, the Contract Cities are required to reduce the Cities' misdemeanant population to 0 in King County jail facilities by January 1, 2013. Telephone Access. Section 5 of the Addendum provides that Yakima will provide telephone access to inmates' attorneys. The Contract Cities will pay for that service. By a separate agreement, cities can also utilize Yakima's video conferencing capability. Right to Refuse Inmates. Section 7 of the Addendum revised the provision detailing Yakima's right to refuse inmates. Yakima may only refuse to accept a city inmate if the city inmate: (i) would require 24-hour per day medical attention as a result of a life-threatening illness or injm'y or uncontrollable behavior resulting from an acute psychiatric disorder; (ii) would require regular medical staff assistance in connection with mobility, bodily function or personal hygiene needs due to a lack of ambulatory ability; (iii) has a unique medical condition for which Yakima County is unable to obtain medical services; (iv) has been convicted of escape from a secure jail facility; or, (v) has been convicted of assault on any correction officer or staff. StaffRecommendation: Staffrecommends that the Parks, Recreation, Human Services, and Public Safety Committee approve the proposed Addendum to the Interlocal Agreement Between Yakima County and the Cities for 2002-2010. Committee Recommendation: Approve the Addendum to the Interlocal Agreement Between Yakima County and the Cities, and forward to full Council for consideration at the October 15, 2002, Council meeting in order to meet the November 1, 2002 deadline. ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE AND TOWN OF YARROW POINT, WASHINGTON, FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY ("Agreement") is made and entered into on this day of , 2002 by and between the Cities of Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Buricn, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirldand, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Rcnton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmic, Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities"), and Yakima County, Washington ("Yakima County"). WHEREAS Yakima County and the cities named above intend to enter into a long term agreement ("the Agreement") for housing of city inmates by Yakima County; and WHEREAS numerous cities have signed the Agreement; and WHEREAS certain provisions of the Agreement require modification before final execution and the parties have determined that the most efficient method of making such modifications is for this addendum to be executed contemporaneously with Yakima County signing the Agreement. THEREFORE, the provisions of the Interlocal Agreement between Yakima County, Washington and the cities named above for housing of inmates are amended as follows: FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 1 of 10 Section 1. Section l(g) of the Agreement is hereby amended as follows: (g) Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal to 150 City Inmates fi.om the effective date of this Agreement until September 30, 2003 and equal to 440 City Inmates fi.om October 1, 2003 until the termination of this Agreement. Section 2. Section 2 of the Agreement is hereby amended as follows: (a) Effective Date - Execution of Agreement Yakima County expects to authorize the construction and equipping of new correctional facilities to be located in Yakima County ('~lew Jail Facility"). The effective date of this Agreement and the obligations, of Yakima County and the Cities shall commence only when this Agreement has been executed by a sufficient number of Cities to represent 90% of the 440 Minimum Bed Commitment. The Cities have estimated each City's respective jail population as set forth on the signature page. These estimates shall in no way obligate each City individually to deliver these estimated populations, but are provided solely for the purpose of setting an effective date to. this Agreement and committing the Cities to collectively provide the 440 Minimum Bed Commitment. In the event this Agreement is not fully executed on or before November 1, 2002 by a sufficient number of Cities as described above, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (b) Permits and Financing. Yakima County is exercising best efforts to obtain the necessary permits and financing for the siting and construction of the New Jail Facility. The obligation of Yakima County to provide the Minimum Bed Commitment in excess of 150 beds is conditioned upon Yakima County issuing bonds for the financing of the New Jail Facility no later than December 31, 2002 and obtaining the necessary building permits. In the event that Yakima County is unable for any reason to issue such bonds on or before December 31, 2002 or obtain such permits, Yakima County may elect to terminate this Agreement and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (c) Completion of New Jail Facility. Following the commencement of construction, Yakima County agrees to exercise due diligence to complete the New Jail Facility, the occupancy date, following the shakedown period, is currently estimated by Yakima County to be July 1, 2004. Upon receipt of a full or temporary certificate of occupancy for the New Jail Facility, and upon completion of the required "shakedown period," Yakima County agrees to accept City Inmates pursuant to this Agreement in the New Jail Facility. Section 3. Section 3 of the Agreement is hereby amended as follows: The term of this Agreement shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31, 2010, subject to earlier termination as provided by Section 4 of this Agreement. This Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to all of the parties. ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 2 of 10 Section 4. Section 6(b) of the Agreement is hereby amended as follows: (b) Minimum Bed Guarantee From and after the Effective Date of the Agreement and continuing until September 30, 2003, Yakima County guarantees a minimm of 150 daily jail beds for City Inmates. Commencing October 1, 2003 and continuing until this Agreement is terminated, Yakima County guarantees a minimum of 440 daily jail beds for City Inmates. If King County, Washington refuses to accept City Inmates prior to October 1, 2003, Yakima County will use best efforts to accept additional City Inmates by contracting for additional jail capacity for City Inmates. If Yakima County has jail bed caPacity in excess of this minimum guarantee, Yakima County will accept additional City Inmates if requested by the Cities. Prior to constructing new jail capacity beyond the Jail Facility, Yakima will enntact the Cities and offer to reduce the Minimum Bed Commitment. If any City voluntarily agrees to such a reduction, the Minimum Bed Commitment shall be reduced by the amount of beds the City agrees to retum to Yakima for its use. Section 5. Section 6 of the Agreement is herby amended by adding the following subseetiun (d): (d) ' Yakima County shall provide the Cities' Inmates with confidential telephone or in person access to their attorneys during their period of incarceration at the Yakima County Jail at no cost to the inmate. Each City shall reimburse Yakima County or cause Yakima County to be reimbursed for the cost of that City's Inmates' long distance telephone calls within 30 days of receipt of invoice from the County. By separate mutual agreement, the County and a City may provide video conference. capabilities for the City's Inmates' communication with the inmates' attorneys, families or other persons or agencies. Section 6. Subsection 7(a) of the Agreement is hereby amended in its entirety to provide as follows: (a) Daily Fee. In consideration of Yakima County's commitment to provide Care for City Inmates, the Cities agree to pay Yakima County a daily fee for the housing and Care of each City Inmate, including all medical, psychiatric and dental costs. Yakima County shall not charge a booking fee or any other fees in connection with the Care of City Inmates. The following daily fee, which shall increase at a rate of 5% per annum as shown, includes a per inmate per day (i) bed maintenance fee and (ii) Medical Payment: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 3 of 10 DAILY FEE PER CITY INMATE YEAR (bed maintenance fee + $5 Medical Payment) 2002 $ 56.00 2003 $ 58.80 2O04 $ 61.74 2OO5 $ 64.83 2OO6 $ 68.O7 2007 $ 71.47 2008 $ 75.05 2009 $ 78.80 2010 $ 82.74 Yakima County shall pay for all medical, psychiatric, and dental costs of the Cities' Inmates in exchange for the payment by the Cities of an amount equal to $5 per day per inmate ("Medical Payment"). Medical Payments shall be made 15om a designated fund maintained by Yakima County. Such fund shall consist of deposits made by each City in an amount equal m $5 per day per City Inmate. Yakima County shall provide monthly reports with its billing statement describing its medical, psychiatric, and dental account balance(s) and payments made fi.om each such account, including provider name, inmate name, name of City being charged for such inmate, dollar amount paid, and description of medical, psychiatric and/or dental service provided. Each quarter Yakima · County shall send to the Cities and accounting of the medical fund. In the event Yakima County's actual medical, psychiatric, and dental costs exceed the funds available in the Medical Payment fund, the cities agree to compensate Yakima County for all said costs within 30 days following receipt of said medical billing. Yakima County agrees to use best efforts to take advantage of the best available state pharmacy programs or to have an operational in-house pharmacy on or before acceptance of long term inmates. Section 7: Section 18(b) oftheAgreement is hereby amended bydeleting existing Section 18 (b) in its entirety and replacing it with the following: 18(b) Yakima County shall have the right to refuse to accept a City Inmate and to return such Inmate to a City when, in the reasonable and informed judgment of Yakima County, such City Inmate: (i) would require 24-hour per day medical attention as a result of a life-threatening illness or injury or uncontrollable behavior resulting from an acute psychiatric disorder; (ii) would require regular medical staff assistance in connection with mobility, bodily function or personal hygiene needs due to a lack of ambulatory ability; (iii) has a unique medical condition for which Yakima County is unable to obtain medical services, (iv) has been convicted of escape from a secure jail facility; or (v) has been convicted of assault on any correction officer or staff. If an ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 4 of 10 Inmate is being returned to the City pursuant to this Section, the cost of transport shall be paid by the City unless the transport can be made by Yakima County within the terms set forth in Section 5 of this Agreement. Section 8: This Addendum may be executed in any number of counterparts. Except as otherwise amended by this Addendum, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: BOARD OF YAKIMA COUNTY ATTEST: COMMISSIONERS By:. Carla Ward, Clerk of the Board of Ronald F. Gamache, Chairman Yakima County Commissioners By: Approved as to Form: James M. Lewis, Commissioner By:. Ronald S. Zirkle Jesse S. Palacios, Commissioner Yakima County Prosecuting Attorney CITY OF ALGONA, WA Approved as to Form: By:_ Glenn Wilson, Mayor George Kelley, Algona City Attorney Estimated ADP: CITY OF AUBURN, WA Approved as to Form: By: Pete Lewis, Mayor Daniel B. Heid, Auburn City Attorney Estimated ADP: TOWN OF BEAUX ARTS VILLAGE, WA Approved as to Forrm By:. Charles R. Lowry, Mayor Wayne Stewart, Town Attorney Estimated ADP: CITY OF BELLEVUE, WA Approved as to Form: By:. Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attorney Estimated ADP: CITY OF BLACK DIAMOND, WA Approved as to Form: By: Howard Botts, Mayor Loren D. Combs, City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 5 of 10 Estimated ADP: CITY OF BOTHELL, WA Approved as to Form: By: Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney Estimated ADP: CITY OF BURIEN, WA Approved as to Form: By: Gary P. Long, City Manager Lisa Marshall, Burien City Attorney Estimated ADP: CITY OF CARNATION, WA Approved as to Form: By:. Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City ARomey Estimated ADP: CITY OF CLYDE HILL, WA Approved as to Form: By: ' George S. Martin, Mayor Clyde Hill City Attorney Estimated ADP: CITY OF COVINGTON, WA Approved as to Form: By:. Andy Dempsey, City Manager Duncan C. Wilson, Covington City Attorney Estimated ADP: CITY OF DES MOINES, WA Approved as to Form: By_ City Manager Des Moines City Attorney Estimated ADP: CITY OF DUVALL, WA Approved as to Form: By: Becky Nixon, Mayor John L. O'Brien, Duvall City Attorney Estimated ADP: CITY OF FEDERAL WAY, WA Approved as to Form: By:. By: David H. Moseley, City Manager Robert C. Sterbardq Federal Way Estimated ADP: City Attorney CITY OF ISSAQUAH, WA Approved as to Form: By: By: Ava Frisinger, Mayor Wayne D. Tanaka, Issaquah ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 6 of 10 Estimated ADP: City Attorney CITY OF KENMORE, WA Approved as to Form: By:. Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney Estimated ADP: CITY OF KIRKLAND, WA Approved as to Form: By:. David Ramsay, City Manager Gall Gored, Kirkland City Attorney Estimated ADP: CITY OF LAKE FOREST PARK, WA Approved as to Form: By: David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park Estimated ADP: City Attorney CITY OF MAPLE VALLEY, WA Approved as to Form: By: John F. Starbard, City Manager Maple Valley City Attorney Estimated ADP: CITY OF MEDINA Approved as to Form: By:. Douglas J. Schnlze, City Manager Kirk R. Wines, Medina City Attorney Estimated ADP: CITY OF MERCER ISLAND, WA Approved as to Form: By:. Richard M. Co~rad, City Manager Estimated ADP: Londi K. Lindell, Mercer Island City Attorney CITY OF NEWCASTLE, WA Approved as to Form: Andrew J. Takata, City Manager Newcastle City Attorney Estimated ADP: CITY OF NORMANDY PARK, WA Approved as to Forn~ By:. Merlin MacReynold, City Manager Susan Rac Sampson, Normandy Park Estimated ADP: City Attorney CITY OF NORTH BEND, WA Approved as to Form: By: Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 7 of 10 Estimated ADP: CITY OF PACIFIC, WA Approved as to Form: By: Howard Erickson, Mayor Bruce Disend, Pacific City Attorney Estimated ADP: CITY OF REDMOND, WA Approved as to Form: Rosemarie Ives, Mayor Redmond City Attorney Estimated ADP: CITY OF RENTON, WA Approved as to Form: By: Jesse Tanner, Mayor Lawrence J. Warren, Renton City Attorney Estimated ADP: CITY OF SAMMAMISH, WA Approved as to Form: By Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney Estimated ADP: CITY OF SEATAC, WA Approved as to Form: By:. , City Manager Robert L. McAdams, SeaTac City Attorney Estimated ADP: CITY OF SEATTLE, WA Approved as to Form: By: Gregory J. Nickels, Mayor Thomas A. Can', Seattle City Attorney Estimated ADP: CITY OF SHORELINE, WA Approved as to Form: By:. Steven Burkett, City Manager Ian Sievers, Shoreline City Attorney Estimated ADP: CITY OF SKYKOMISH, WA Approved as to Form: By:. Skip Mackner, Mayor Skykomish City Attorney Estimated ADP: CITY OF SNOQUALMIE, WA Approved as to Form: By:. Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 8 of 10 Estimated ADP: CITY OF TUKWILA, WA Approved as to Form: By: Steve Mullet, Mayor Robert F. Noe, City Attorney Estimated ADP: CITY OF WOODINVILLE, WA Approved as to Form: By:_ Pete Rose, City Manager Wayne D. Tanaka, Woodinville City Attorney Estimated ADP: TOWN OF YARROW POI2qT Approved as to Form: By: Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney Estimated ADP: STATE OF WASHINGTON ) COUNTY OF ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly eommissionad and sworn, , to me known to be the City Manager/Mayor of the City/Town of ., a Washington municipal corporation, the corporation that executed the foregoing imtnmaent, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this day of ,2002. (notary signature) (typed~printed name of notary) Notary Public in and for the State of Washington My commission expires: Interlocal to be filed with the Yaldma County Auditor ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 9 of 10 ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 10 of 10 MEETING DATE: October 15, 2002 ITEM# ...~ ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Purchase of Plants for Dumas Bay Centre Renovation Project CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted~ $ [] RESOLUTION [] PUBL1C HEARING Expenditure Amt.. $ [] CITY COUNCIL BUSINESS [] OTHER I ContingencyReq'd: $ ATTACHMENTS: Committee Action Form dated October 3, 2002; Purchase of Plants for Dumas Bay Centre Renovation Project SUMMARY/BACKGROUND: The Dumas Bay Restoration Project will include the purchase and installation of more than 11,000 plants. The original estimate for purchasing plants as part of the overall contract was approximately $90,000. City staff felt that the City would be able to purchase these plants directly at a significantly lower cost. The City issued a Request for Bids on August 30, 2002, and received five bid proposals. Staff examined the bids and prepared an analysis of the total bid price for each bidder. Three of the bids received are from companies that are able to supply almost the entire plant list. The bid amounts are: Bid for Large Plants Bid for Small Plants 1. A-I l,andscaping and Construction, Inc. $68,001.63 $44,030.82 3. Out West Landscape & Irrigation Inc. $71,890.69 $33,609.08 5. Pacific Plants, Inc. $47,522.07* $27,620.92 *Pacific Plants, Inc. does not have 2 plant species in these sizes, which accounts somewhat for the large difference in prices with the other two bidders. Pacific Plants, inc. of Issaquah submitted the lowest overall bid on both the large and small size plants. The Parks Department has purchased plants from Pacific Plants in the past and has been satisfied with the quality of plants and the company's service. Staff recommends that the City award the purchase to Pacific Plants, Inc. This item is scheduled to go to Council Committee on Monday, October 14, 2002 CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to accept Pacific Plants, Inc. of lssaquah, WA., as contractor to provide plants for the Dumas Bay Centre Restoration Project at a total bid amount of $46,000.08, which includes Washington State Sales Tax, and to place this item before Council on October 15, 2002. PROPOSED MOTION: "I move approval of the Purchase of Plants for Dumas Bay Centre Renovation Project as presented" (BELOW 7'0 BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED lSV reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only} ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: October 3, 2002 To: PRHSPS Council Committee From: B Sanders, Park Planning & Development Coordinator Via: David Mo~ager Subject: PURCHASE O~ PLANTS FOR DUMAS BAY CENTRE RENOVATION PROJECT Background: The Dumas Bay Restoration Project will include the purchase and installation of more than 11,000 plants. The original cost estimate for purchasing plants as part &the overall contract was approximately $90,000. City staff felt that the City would be able to purchase these plants directly at a significantly lower cost. The City issued a Request for Bids on August 30th, 2002, and received five bid proposals. Bidders had been requested to provide unit costs for each of the 11 plant species in two different sizes. Staffexamined the bids and prepared an analysis of the total bid price for each bidder, at the different plant sizes. Three of the bids received are from companies that are able to supply almost the entire plant list. The bid amounts are: A-1 Landscaping and $68,001.63 $44,030.82 Construction, Inc. Out West Landscape & $71,890.69 $33,609.08 Irrigation Inc. Pacific Plants, Inc. $47,522.07* $27,620.92 * Pacific Plants, Inc. does not have 2 plant species in these sizes, which accounts somewhat for the large difference in prices with the other two bidders. Staff Recommendation: Some plants become established more easily as young plants, therefore it is recommended that these be purchased in smaller sizes, such as one gallon containers. Other plants that take root more easily are recommended in the larger sizes. Pacific Plants, Inc. of Issaquah submitted the lowest overall bid on both the large and small size plants. The Parks Department has purchased plants from Pacific Plants in the past and has been satisfied with the quality ofplants and the company's service. Therefore, staff recommends that the City award the purchase to Pacific Plants, Inc. Committee Recommendation: Motion to recommend to Council a "do pass" to accept Pacific Plants, Inc. of Issaquah, WA., as contractor to provide plants for the Dumas Bay Centre Restoration Project at a total bid amount of $46,000.08, which includes Washington State Sales Tax, and to place this item before Council on October 15, 2002. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member MEET1NGOATE: 0(J'0 DCf I S, o~'O:;1. ITEM# ~- ~ . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 22 TO DEVELOP A PROCESS FOR DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENT TO CONSOLIDATE PUBLIC HEARINGS CATEGORY: BUDGET IMPACT: ~ CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER ContingencyReq'd: $ ATTACHMENTS: Adoption Ordinance with Exhibit A; September 9, 2002, Memorandum to the Land Use Transportation Committee (LUTC) with Exhibits 1-5. process that would govern review and approval of development agreements. Adoption of a new process would require three sets of code amendments to the text of FWCC Chapter 22: amend FWCC Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements; create a new process to govern review and approval of development agreements; and add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use. The Planning Commission conducted a public hearing on September 4, 2002, and recommended that the council adopt the code amendments, as recommended by staff. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussedthe proposed text amendments during a public meeting on September 16, 2002. At that meeting, the LUTC recommended forwarding the proposed amendments to the full Council for first reading on October 1, 2002, with the changes as shown on Exhibit A of the Adoption Ordinance. PROPOSED MOTION: "I move approval of the LUTC's recommendation to approve the three sets of code amendments, which are attached as Exhibit A to the Adoption Ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPaOWD COUNCIL BILL # [] DENIED 1sT READING /O/Ol [] TABLED/DEFERRED/NO ACTION ENACTMENT READING ~ MOVED TO SECOND R~E., ADING (ordina, nces only) ORDINANCE # (LdF O0~l~cF }.~,c~O0O I~E~ILI~Uf Meg~ RESOLUTION # 1:~002 Code Amendments\Development Agreements\City Council\100102 AGENDA BILL.DOCI0912412002 10:20 AM DRAFT ORDINANCE NO. 02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENT TO CONSOLIDATE PUBLIC HEARINGS 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 develop a process to review development agreements and related code amendment to consolidate public hearings will provide for improved review processes; WHEREAS, the City of Federal Way finds that the code amendments to develop a process to review development agreements and related code amendment to consolidate public hearings will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on September 4, 2002, 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 to develop a process to review development agreements and related code amendments to consolidate public hearings on September 16, 2002, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to developing a process to review development agreements and related code amendment to consolidate public hearings 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. Ord No. 02 - , 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 l, 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: LUG1 Improvetheappearanceandfunctionofthebuiltenvironment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposak and 3. The proposed amendment is in the best interest of the residents of the city because they will supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Section 3. Amendment. FWCC Chapter 22 is 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. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. 02 - , Page 2 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 ,2002. APPROVED: MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDrNANCE NO: I:~2002 Code Amendments~Development Agr eements~LUTC~091602 Ordinanc, e.doc09/18/2002 2:14 PM Ord No. 02 - , Page 3 Article IX. PROCESS VI REVIEW* Sections: 22-516 Purpose. 22-517 Initiation of proposals. 22-518 Docket. 22-519 Compliance with State Environmental Policy Act. 22-520 City council review. 22-521 Timing of filing - Notice. 22-522 Application. 22-523 Criteria for prioritizing plan amendment requests. 22-524 Preapplications required. 22-525 Legislative rezones. 22-526 Criteria for approving a legislative rezone. 22-527 Map change. 22-528 Zoning text amendment criteria. 22-529 Factors to be considered in a comprehensive plan amendment. 22-530 Criteria for amending the comprehensive plan. 22-531 Official file. 22-532 Notice. 22-533 Staff report. 22-534 Public hearing. 22-535 Material to be considered, 22-536 Electronic sound recordings. 22-537 Public comment and participation at the hearing. 22-538 Continuation of the hearing. 22-539 Planning commission - Recommendation. 22-540 Planning commission - Report to city council. 22-541 City council action. 22-542 Transmittal to state. 22-543 Appeals. 22-544, 22-545 Reserved. *Editor's note - Ord. No. 99-337, § 2, adopted March 2, 1999, repealed Article IX, §§ 22-516 - 22-538 in its entirety and enacted a new Article IX, §§ 22-516 - 22-543. Former Article IX pertained to similar material and derived from Ord. Nos. 90-43, §§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) 22-517 Initiation of proposals° A proposal that will be reviewed using this article may be initiated by the city council or council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff&other agencies. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 1 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A. 130(2). As part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the following annual review. In addit'[en, fer calendar ..... man ~.~., +u~ ~:,. ....... ;~ ~u~, .... : ..... , ....... . ..... :"~ ~-:~ *~ ^~':~ 30th d shall (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A.130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the council's discretion· (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, § 2, 3- 2-99) 22-521 Timing of filing - Notice. Sixty days prior to September 30~h in each calendar year, the city shall notify all persons who submitted docket forms after September 30t~ of the previous calendar year. ........... ~'' ~ ooo ~.,j, ~n~ ~ day~ · Ap ~, .:~ t:'~ '~'~ ............................... ~, ....................... r .......Not,ce shall also be given as follows: (1) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the ~ iudgment of the director of community development services may be directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who may be affected by changes to the comprehensive plan ~' ..... ...... ~,~ or development regulations, the director may rely on written correspondence indicating an interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 2 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete a d~cket an application form prepared by the city. An applicant seeking a ~;* ..... ;c,~ ~ ....... ~-~ '~:~-~*:~ change in comprehensive plan designation and zoning for a specific parcel shall also file the information specified in FWCC 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, § 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting any ~ekete~ amendment requests, the city council shall bold a public hearing and select those deckete~ amendment requests it wishes staff ef ~eckete~ amendments research further. (b) The city council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments or development regulations to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions ;- *"-_.. _._..._.~._;~-~:-*- ,,~:-;*-,. ~_._..~ have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set forth in subsections (b)(1) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 3 22-524 Preapplications required~ All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by the proposed rezone. All other rezones not meeting the above criteria arc treated as quasi-judicial rezones and arc reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3- 2-99) 22-527 Map change. If the city approves a legislative rezone, or a change in a comprehensive plan map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best imerest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for ©2002 Code Publishing Co. Page 4 comprehensive plan amendments and rezones from one commemial designation to another, the city will consider development trends in commercially zoned area, market demand for various types of commercial land, and amount of vacant commemial land. For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99~337, § 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 99- 337, § 2, 3-2-99) 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, § 2, 3-2-99) 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the comprehensive plan map designation, zoning map, zcn!ng terd,5-amt text of the comprehensive plan, and text of the development regulations are prioritized by the city council~ as well as the public hearing held o~ by the planning commission. (1) Contents. The director of community development services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public hearing. e. A statement of the availability of the official file. f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing following the procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site. (Ord. No. 99-337, § 2, 3-2-99) 22-533 Staff report. (a) General. The director of community development services shall prepare a staff report containing: (1) An analysis of the proposal and a recommendation on the proposal; and (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent with FWCC 22 529 22-526, 22-528, 22- ©2002 Code Publishing Co Page 5 529, and 22-530. For site-specific comprehensive plan amendments, the provisions of FWCC 22- 488(c) shall also apply. (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) Pursuant to FWCC 22-015, when a development agreement and plan have been prepared~ the city council shall hold a public hearing. (-o) (d) Effect. Except as provided in subsection (a) and (c) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b)~ an~ (c), and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) and (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In the case of development agreements, the director of community development services may require the applicant to submit any additional information or material that is reasonably necessary for a decision on the matter, including a site development plan associated with a site- specific request. (o) (d) Exception for environment information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 6 22-539 Planning commission - Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22 52!, 22 522 ~: 22 525, 22-526, 22-528, 22-529, 22-530, and 22-488(c), and take one of the following actions: (1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal 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 proposal. (Ord. No. 99-337, § 2, 3-2-99) (5) If the city council determines that a development agreement shall be prepared for a site-specific request, the city council shall recommend further analysis based on Article **, Development Agreements. 22-542 Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and t~'ansmittal of planning commission recommendation to the LUTC, the State ~ Office of Community ~ Development (DCTED OCD) and other interested affected local and state agencies, the county and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate ©2002 Code Publishing Co. Page 7 the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DCTED OCD and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. 1:~2002 Code Amendmen~Development Agreements\City Council~Final Process VI.dotal09/23/2002 2:26 PM ©2002 Code Publishing Co. Page 8 This entire section of the code is new; therefore, it has not been underlined Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 Purpose. 22-002 Authority. 22-003 Content of development agreement. 22-004 Initiation of proposals. 22-005 Preparation of development agreement. 22-006 Applications. 22-007 Official file. 22-008 Preapplications required. 22-009 Compliance with State Environmental Policy Act. 22-010 Development plan. 22-011 Timing of public hearings. 22-012 Factors to be considered in review of a development agreement. 22-013 Notice. 22-014 Staff report. 22-015 Public hearing and city council action. 22-016 Notice of final decision. 22-017 Judicial review. 22-018 Term of agreement 22-019 Recording. 22-020 Amendment of development agreement. 22-021 Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretion. Development agreements are to be used where the project is larger in scope and has potentially larger impacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B. 170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety. 22-003 Content of development agreement. (a) A development agreement must set forth the development standards and other provisions that Article * * Page 1 Development Agreements apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable City of Federal Way development regulations. (b) For the purpose of this section, "development standards" may include, but is not limited to: (l) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Any other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based on council direction, and subsequent to action taken pursuant to Section 22-541(c)(5), after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with Section 22-003, Content of Development Agreement. (b) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541(c)(5). Ifa development plan is required, it shall accompany the development agreement for review and action by the city council. 22-006 Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enough information to locate the property within the larger area; (5) Any information or material that is specified in the provision of this chapter that describes the applied-for decision; Article * * Page 2 Development Agreements (6) All information specified in FWCC 22-33. The detail to be included in the development plan is based on the council's direction identified in Section 22-541(c)(5) and shall be related to the nature and scope of the project and its potential impacts; and (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC 22-33 and this section relating to what constitutes a complete application. 22-007 Official file. (a) Contents. The city shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording of the city council on the matter. (5) The decision on the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours. 22-008 Preapplications required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing on an application for Process IV approval. 22-010 Development plan. Any development plan accompanying the development agreement shall be subject to Notice requirements of FWCC 22-392 through 22-394. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. The development plan shall also be reviewed pursuant to the Community Design Guidelines requirements of FWCC 22-395 through 22-406 except that an appeal of the Hearing Examiner's decision on the appeal of an administrative decision on the Community Design Guidelines shall be heard by the city council based on the procedures of FWCC 22-446 through 22-455 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22-015. 22-011 Timing of public hearings. Any requests associated with the project-specific development plan requiring a public hearing by the Hearing Examiner shall be heard by the Hearing Examiner prior to the public hearing by the city council on the development agreement and development plan. The Hearing Examiner's review shall follow the provisions of FWCC Article VII. Process IV Review - Hearing Examiner's Decision and shall be limited to that particular aspect under his or her purview and shall not extend to either the development agreement or development plan. Article * * Page 3 Development Agreements 22-012 Factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: (a) Compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; (c) Potential benefits of the proposal to the community; and (d) Effect upon other aspects oftbe comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (1) Description of purpose of hearing; (2) The name of the applicant and the project name (if applicable). (3) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal. (4) The street address of the subject property or, if this is not available, a description of the location of the proposal in non-legal langnagc. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. ($) The date, time, and place oftbe public hearing. (6) A statement of the availability of the official file. (7) A statement of the right of any person to submit written comments to thc council and to appear at the public hearing of the council to give comments orally. (8) A statement that only persons who previously submitted comments to the planning commission or city council during the comprebensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy oftbe city council's decision on the development agreement and plan may appeal the city council's decision. (9) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community dcvelopmant services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (1) Timing. The applicant shall be responsible for installing the public notification sign or signs at least 10 calendar days before the public hearing and removing them within seven calendar days after the final decision of the city on the matter. Article * * Page 4 Development Agreements 22-014 Staff report. (a) Contents. The director of community development services shall prepare a staff report for the public hearing by the city council containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community development services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staff report as follows: (1) A copy will be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy will be sent to each person who has specifically requested it. 22-015 Public hearing and city council action. (a) Generally. The city council shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals on the Hearing Examiner's decision of an appeal of a threshold determination or his or her decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan (b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on the decisional criteria listed in the provisions of this chapter describing the proposal. (d) City council action. After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pumuant to subsection (c) of this section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based on those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of final decision. (a) General. Following the final decision by the city council, the director of community development services shall prepare a notice of the city's final decision on the application. (b) Distribution. After the city council's decision is made, the director of community development A~icle * * Page 5 Development Agreements services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adoPted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Records. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or as may be amended. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement. 22-021 Minor modification of development plan. The Director of Community Development Services may approve minor modifications to the development plan on a case-by-case basis using process III described in FWCC 22-386 through 22-411. Criteria for approving minor modifications include but are not limited to the following guidelines: (1) Modifications shall conform to the terms of the development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project; (3) The change will not result in increasing the residential density or gross floor area of the project; (4) The change will not reduce any required yard; (5) The change will not result in any increase in height of any structure; (6) The change will not result in a change in the location of any access point to the project; (7) The change will not increase any adverse impacts or undesirable effects of the project; and (8) The change in no way significantly alters the project. Any modification to the development plan not deemed to be minor, shall be considered major and shall be decided upon as if it were an application for a new development agreement. I:L?.002 Code Amendments~levelopmcnt Agreements\City Council~Final New Process.doc09/23,'2002 5:28 PM Article ** Page 6 Development Agreements CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION September 9, 2002 TO: Eric Faison, Chair Land Use/Transportation Committee (LUTC) VIA: David M~ager FROM: Kathy McClung, Director of Community Development Services/~J~' Margaret H. Clark, AICP, Senior Planner ~ SUBJECT: Amendments to Federal IYay City Code (FWCC) Chapter 22 to Develop a Process for Development Agreements and Related Code Amendment to Consolidate Public Hearings MEETING DATE: September 16, 2002 I. BACKGROUND Earlier this year, staff was given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on two requests that were reviewed as part of the 2001 Comprehensive Plan Amendment Process. The City of Federal Way does not now have a formal process for reviewing development agreements. II. PROPOSAL Staff has prepared a new process that would govern review and approval of development agreements. Adoption ora new process requires the following code amendments to the text of FWCC Chapter 22: I. Amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements (Exhibit A of Exhibit 1). 2. Create a process to govern review and approval of development agreements (Exhibit B of Exhibit 1). 3. Add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (Exhibit C of Exhibit 1). III. PLANNING COMMISSION/STAFF RECOMMENDATION The Planning Commission conducted a public hearing on September 4, 2002, and recommended that the code amendments, as recommended by staff, be adopted by the council (Exhibit 2 - September 4, 2002, Planning Commission Minutes). The staff report to the Planning Commission is attached as Exhibit 1 of this memorandum. The proposed code amendments are Exhibits A-C of Exhibit 1. Proposed changes in Exhibits .4 and C of Exhibit 1 are shown as .......... (deletions) and underline (additions). The new process for reviewing development agreements is shown as Exhibit B of Exhibit 1. Since this entire section is new, it has not been underlined. IV. PROPOSED REFINEMENT BY STAFF Between the September 4, 2002, Planning Commission public hearing and the preparation of this staff report to the LUTC, staff has proposed further refinement language intended purely for clarification purposes. The staff's proposed new language is shown in Exhibit 3, with proposed deletions shown as E:'-'b!: s*.r'.'!:z:',:", and additions shown as double underline. Vo COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. (~-'-~ecommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the Committee recommend to the full Council Option No. 2 above, that is, adoption of the Planning Commission's recommendations with the further clarification changes recommended by staff. VI. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTC. APPROVAL OF COMMInFFEE ACTION: ~ Eric Faison r-~Dean McColgan Mike Pa{k~ r List of Exhibits Exhibit I September 4, 2002, Staff Report to the Planning Commission with Exhibits d-C Exhibit 2 September 4, 2002, Planning Commission Minutes Exhibit 3 Planning Staff Recommendation/Further Refinements with Exhibits ,4 and B Exhibit 4 Flow Chart of New Process to Review Development Agreements Exhibit 5 Ordinance Adopting Code Amendments I:k2002 Code Amendments~Developraent Agreements\LUTCSPC Rec StaffReport to LUTC.DOC/09/I 0/2002 3:05 PM Page 2 EXHIBIT 1 STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22 Develop a Process for Development Agreements and Related Code Amendment to Consolidate Public Hearings Planning Commission Meeting of September 4, 2002 BACKGROUND Staffwas given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on two requests that were reviewed as part o£the 2001 Comprehensive Plan Amendment Process. However, the City of Federal Way does not have a formal process for reviewing development agreements. Pursuant to RCW 36.70B.200, a city may approve a development agreement only after a public hearing. The City Council may conduct the public hearing or may delegate its authority to the Hearing Examiner or Planning Commission. Staff has prepared a new process that would govern review and approval of development agreements. Development agreements may be used at the City Council's discretion in cases ora comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. Adoption of a new process requires the following code amendments to the text of FWCC Chapter 22: 1. Amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements (Exhibit A). 2. Create a process to govern review and approval of development agreements (Exhibit B). 3. Add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (Exhibit C). Page I of 5 The following Section II more fully discusses the proposed code amendments. These amendments are shown in Exhibits A-C and have been prepared in "line-in/line-out" format, with strikeouts (proposed deletions) and underline (proposed additions) indicated. II Discussion of Proposed Code Amendments 1. ,4mend FWCC Chapter 22, ,4rticle IX,, "Process gl Review, "to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements. Staff is proposing changes to Chapter 22, Article IX in order to allow certain requests for site- specific comprehensive plan amendments and rezones to be processed with development agreements (Exhibit.4). As stated in Section 1- Background of this staff report, development agreements may be used at the City Council's discretion in cases ora comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. A recommendation to utilize a development agreement may occur at the selection stage (FWCC Section 22-523), at which point the council holds a public hearing to determine which requests should be studied further; at the public hearing by the Planning Commission (FWCC Sections 22-534 through 220-540); or may be determined by the City Council at the time that they take action on the comprehensive plan amendments (FWCC Section 22-541). Due to the nature of development agreements, staff is recommending that the City Council make the final decision on development agreements. However, pursuant to RCW 35A.63, by ordinance, every code city shall appoint a planning commission who will hold a public hearing on the comprehensive plan and make a recommendation to the council. This means that in the case of development agreements, there would be two public hearings, one by the planning commission and one by the city council. Therefore, staff proposes to amend FWCC Section 22- 534 to allow for two public hearings for development agreements. Pursuant to FWCC Section 22-031, both comprehensive plan amendments and the preparation of development agreements are exempt from the requirements of RCW 36.70B.050 to provide no more than one open record hearing and one closed record appeal. Staff has also proposed other housekeeping changes to amend the code where language is no longer pertinent such as in FWCC Sections 22-520 and 22-521 where there is presently language referring to action to be taken in Calendar Year 1999. Other changes that are being proposed are for clarification purposes. 2. Create a process to govern review and approval of development agreements. The following summarizes the proposed major steps for review of a development agreement. Please note that the proposed code amendment (Exhibit B) uses a fictitious numbering system to help follow references between sections. (a) Planning staff, Planning Commission, the Land Use/Transportation Committee (LUTC), the City Council, or an applicant may initiate a development agreement (FWCC Section 22-004). Page 2 of 5 (b) At the time the City Council takes final action on whether to approve or disapprove a request for a site-specific comprehensive plan amendment and rezone, the City Council shall determine whether a development agreement should be prepared (FWCC Section 22-541). (c) The City, after consultation with the applicant, determines the parameters of the development agreement, e.g., the kinds of uses and intensity of uses allowed, types of structural or other setbacks, or type of road improvements (FWCC Section 22-005 [a]). (d) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on whether a project has been identified for the site (FWCC Section 22-005[b]). (e) The City identifies impacts and mitigation associated with the implementation of the development plan. This would require the preparation of an environmental checklist. The detail of the checklist and the type of studies to be submitted would depend on the type of development agreement (FWCC Section 22-009). (f) If a development plan is accompanying the development agreement, the Director of Community Development Services shall issue an administrative decision on the Community Design Guidelines (FWCC Section 22-010). (g) The Hearing Examiner hears any appeal of the threshold determination at the same time as any appeal of the decision on the Community Design Guidelines (FWCC Section 22-010). (h) The Hearing Examiner hears any Process IV requests, such as requests for variances or requests for encroachment into environmentally sensitive areas, prior to the Council's hearing on the development agreement and development plan (FWCC Section 22-011). (i) In order to avoid duplication of hearings, a companion code amendment is proposed (see #3, following) to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (example of language shown in Exhibit C). (j) The City Council makes the final decision on the development agreement and development plan after holding a public hearing. Any appeals of the Hearing Examiner's decisions shall be heard by the City Council in a closed record appeal. Existing city code requires an appeal of the Hearing Examiner's decision on an appeal of an administrative decision on Community Design Guidelines to go to Superior Court and not to the City Council. For development agreements, staff is recommending that the appeal go to the City Council since the council will be reviewing the development plan, including architectural drawings (FWCC Section 22-015). Page 3 of 5 3. Add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use. The proposed language is shown in Exhibit C, which is FWCC Section 22-671, "Land Use Chart," pertaining to churches in a RM zone. If approved, similar language will be inserted in all of the land use charts where a use requires approval by the Hearing Examiner through Process IV review. III 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: 1. To review and evaluate the zoning code text regarding any proposed amendments; 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, 3.To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. IV DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendment 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 FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan (FWCP) goals and policies: L UG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to · improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be Page 4 of 5 desired to be placed on the proposal. Controlling potential adverse impacts associated with a comprehensive plan amendment and rezone bears a substantial relationship to the 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 supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Clarification of city codes is in the best interests of the residents of the City. V PLANNING COMMISSION ACTION 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 adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council 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. (If changes occur as a result of Planning Commission deliberations add, "as amended by the Planning Commission.") VII EXHIBITS Exhibit A - FWCC Chapter 22, Article IX, "Process VI Review," with Proposed Amendments Exhibit B - Proposed New Process for Development Agreements Exhibit C - FWCC Section 22-671, "Land Use Chart," Pertaining to Churches in a RM Zone with Proposed Amendment 1:x2002 Code Amendments~Developraent Agreements'xLUTC~090402 STAFF REPORT to PC.doc~09/10/2002 1:58 PM Page 5 qf 5 EXHIBIT A of EXHIBIT 1 Article IX. PROCESS VI REVIEW* Sections: 22-516 Purpose. 22-517 Initiation of proposals. 22-518 Docket. 22-519 Compliance with State Environmental Policy Act. 22-520 City council review. 22-521 Timing of filing - Notice. 22-522 Application. 22-523 Criteria for prioritizing plan amendment requests. 22-524 Preapplications required. 22-525 Legislative rezones. 22-526 Criteria for approving a legislative rezone. 22-527 Map change. 22-528 Zoning text amendment criteria. 22-529 Factors to be considered in a comprehensive plan amendment. 22-530 Criteria for amending the comprehensive plan. 22-531 Official file. 22-532 Notice. 22-533 Staff report. 22-534 Public hearing. 22-535 Material to be considered. 22-536 Electronic sound recordings. 22-537 Public comment and participation at the hearing. 22-538 Continuation of the hearing. 22-539 Planning commission - Recommendation. 22-540 Planning commission - Report to city council. 22-541 City council action. 22-542 Transmittal to state. 22-543 Appeals. 22-544, 22-545 Reserved. *Editor's note - Ord. No. 99-337, § 2, adopted March 2, 1999, repealed Article IX, §§ 22-516 - 22-538 in its entirety and enacted a new Article IX, §§ 22-516 - 22-543. Former Article 1X pertained to similar material and derived from Ord. Nos. 90-43, §§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page I 22-517 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council or council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, § 2, 3-2-99) I 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A. 130(2). As part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the following annual review. !n ad4iti*n. !~r '~'a!endar (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A.130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the council's discretion. (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, § 2, 3- 2-99) 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. !'.: ! 999 ~::!y, 60 days ........... . ............... , ..... :,~..,,,~ ,~..r:,,,, ~,,,, mo~ ......... ~ .... * ?r,~ce~. Notice shall be given as follows: (I) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) Ail agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgement of the director of community development services may be ©2002 Code Publishing Co. Page 2 directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who may be affected by chan.ees m the comprehensive plan or development re:~ulat~ons ...... ~..,, the director may rely on written correspondence indicating an interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2, 3-2-99) 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect .to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete a ,d..-.~!:et _~n application form prepared by the city. An applicant seeking a site :;?~:i?,': ?~!an ~: ...... :.-,. ~,-', · ' ~- c- ~ t~n ~tlotl change iu comprcJlellSivc plan desio~nation and ×oning for a specific parcel shall also file the information specified in FWCC 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, § 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting any ~:[:ete~ amendment requests, the city council shall hold a public hearing and select those ~'.:'!:~t~d a:n*n~::::::t requests it wishes stalT (b) The city council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments or development regulatious to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions i:: *""~... : ........ ~; ...... , .~:";":*~',..~.j have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set forth in subsections (b)(1) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. ©2002 Code Publishing Co. Page 3 (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99) 22-524 Preapplications required. All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by the proposed rezone. All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3- 2-99) 22-527 Map change. If the city approves a legislative rezone, or a chan~e in a coml?_r~[3_ensi.~e_~L~an map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. ©2002 Code Publishing Co. Page 4 ...... _!j~ orde£[.{2!_gj~_c..q[[!'?.~e__e!'Ji~cieut m~cl_.~e_~i!;~c~l de~;~.l~!j~.n_~!!t_ andz~.~gj.~ op ne ~t o ~2~)!g land desimmted and zoned to~' ' c~'~mme~cml'"" uses. kkhen considerina, proposals tbr comprehensive plan amendments aud rczoncs to commercial dcsimmlions the Citx ~ consider development L!:.~J~5 i~ comn~_~.rg.~t~[[~:_?ued are~ t~a[~t~c[~m~qj!~.(er_con3_m.~z&~.!._~c~ ~3_~.~_.~p_uj~l ol~.~.a~t commercial land befi~re udding more land to the commercial zonin,2 land base. For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99-337, ] 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The ci~ may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a subst~tial relationship to public health, safe~, or welhre; and (2) The proposed amendment is in the best interest of the residents of the ci~; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the potion of the ci~'s adopted plan not affected by the amendment. (Ord. No. 99- 337, ~ 2, 3-2-99) 22-531 Official file. (a) Contents. The director of communi~ development se~ices shall compile an official file containing all infomation and materials relevant to the proposal and to ~e ciW's consideration of the proposal. (b) AvailabiliW. The official file is a public record. It is available for inspection and copying in the depa~ent of communiW development during regul~ business hours. (Ord. No. 99-337, ] 2, 3-2-99) 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the comprd~en~ve plan ~ap designation and zoning map, ..... ; .... ,,,... text of the comprehensive plan. and text of the developmeut remtlations are prioritized b~ the citx council, as well as the public he~ing held b~ the planning commission. (1) Contents. The director of communi~ development se~ices shall prepare a notice of each proposal, for which a public hearing will be held, containing ~e following infomation: a. The elation, if any, of~e provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plau dcsimmtious, zones, or locations will be directly affected or changed by ~e proposal. d. The date, time, ~d place of the public he~ing. e. A statement of~e availabili~ of the official file. f. A statement of the right of~y person to submit ~i~en comments to the planning commission ~d to appe~ at ~e public hearing of the planning commission to give comments orally. (2) Dis~ibution. The director of communi~ development se~ices shall distribute this notice at least 14 calend~ days before ~e public hearing following the procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent prope~ owners posting of the site. (Ord. No. 99-337, ~ 2, 3-2-99) 22-533 Staff repo~. (a) General. The director of communi~ development se~ices shall prep~e a stuff repo~ confining: (1) An analysis of the proposal and a recommendation on the proposal; and ©2002 Code Publishing Co. Page 5 (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent with FWCC 22 529 22-526. 22-528, 22- 529 and 22-530. For site-specific COlnprchensivc plan amcndmcuts, thc proviskms of FWCC 22- ½_~8_8(~). shall al_sx> at37_[35: (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) -Pursuant to Scctkm 22-015, when a developmcnt agreement and plan have been prcpared, the city council shall hold a public hearing. (c) (d) Effect. Except as provided in subsection (a) a_nd (c).of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99): 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b)_~ as',! (c), aud (d) of this section, the planning commission and city council may consider any pertinem information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) aad (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) [n the case of development am'cements the director of community development services may require the applicant to submit anv additional information or material, that is reasonably necessary for a decision on tile matter, includinp, a site plan associated with a site-spec_i.~g reque_st_: (<-)- {d) Exception for environment information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public {>2002 Code Publishing Co. Page 6 hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) 22-539 Planning commission - Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22 52!, 22 523 or 22 525 22-526. 22-528. 22-529, 22-530 and 22-488(c), and take one of the following actions: (1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal 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 proposal. (Ord. No. 99-337, § 2, 3-2-99) 5(~ If the city council determines that a development agreement shall be prepared for a site-specific request, the city council shall recommend filrtber analysis based on Article ** Development Agrcements. 22-542 Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission ©2002 Code Publishing Co. Page 7 recommendation to the LUTC, the State t~pammm~ O ffi_c_e_.of Community Development (D('TED O(D) and other interested affected local and state agencies, the county and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DC! !;!) O~[~_and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may he reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. 1:~2002 Code AmendmentsLDevelopment Agreements\LUTCSProcess VI as presented to PC.doc09/10/2002 2:33 PM ©2002 Code Publishing Co. Page 8 EXHIBIT B of EXHIBIT 1 This entire section of the code is new; therefore, it has not been underlined. Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 Purpose. 22-002 Authority. 22-003 Content of development agreement. 22-004 Initiation of proposals. 22-005 Preparation of development agreement. 22-006 Applications. 22-007 Official file. 22-008 Preapplications required. 22-009 Compliance with State Environmental Policy Act. 22-010 Community design guidelines. 22-011 Timing of public hearings. 22-012 Factors to be considered in review of a development agreement. 22-013 Notice. 22-014 Staff report. 22-015 Public hearing and city council action. 22-016 Notice of final decision. 22-017 Judicial review. 22-018 Term of agreement 22-019 Recording. 22-020 Amendment of development agreement. 22-021 Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretion. Development agreements are to be used where the project is larger in scope and has potentially larger impacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B. 170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety. Article ** Page I of 6 Development Agreements 22-003 Content of development agreement. (a) A development agreement must set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations. (b) For the purpose of this section, "development standards" may include, but is not limited to: (1) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Any other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based on council direction, and subsequent to action taken pursuant to Section 22-541 (e)(5), after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with Section 22-003, Content of Development Agreement. (b) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541 (c)(5). 22-006 Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enough information to locate the property within the larger area; (5) Any information or material that is specified in the provision of this chapter that describes the applied-for decision; Article ** Page 2 of 6 Development Agreements (6) All information specified in FWCC 22-33. The detail to be included in the development plan is based on the council's direction identified in Section 22-541(c)(5) and shall be related to the scope of the project and its potential impacts; and (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC 22-33 and this section relating to what constitutes a complete application. 22-007 Official file. (a) Contents. The director of community development services shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording of the city council on the matter. (5) The decision on the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours. 22-008 Preapplications required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing on an application for Process IV approval. 22-010 Community design guidelines. The development plan accompanying the development agreement shall be subject to the requirements of FWCC Article VII. Process IV Review - Hearing Examiner's Decision of Arficle XIX. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submirtcd. An appeal of the Hearing Examiner's decision on the appeal of an administrative decision on the Community Design Guidelines shall be heard by the city council based on the procedures of FWCC 22- 448 through 22-455 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22-015. 22-011 Timing of public hearings. Any requests associated with the project-specific development plan requiring a public hearing by the Hearing Examiner shall be heard by the Hearing Examiner prior to the public hearing by the city council on the development agreement and development plan. The Hearing Examiner's review shall follow the Article ** Page 3 of 6 Development Agreements provisions of FWCC Article VII. Process IV Review - Hearing Examiner's Decision and shall be limited to that particular aspect under his purview and shall not extend to either the development agreement or development plan. 22-012 Factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: (a) The compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (c) Potential benefits of the proposal to the community. (d) The effect upon other aspects of the comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (1) The name of the applicant and the project name (if applicable). (2) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal. (3) The street address of the subject property or, if this is not available, a description of the location of the proposal in non-legal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (4) The date, time, and place of the public hearing. (5) A statement of the availability of the official file. (6) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally. (7) A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agreement and plan may appeal the city council's decision. (8) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (1) Timing. The public notification sign or signs must be in place at least 10 calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter. Article ** Page 4 of 6 Development Agreements 22-014 Staff report. (a) Contents. The director of community development services shall prepare a staff report for the public hearing by the city council containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community development services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staff report as follows: (1) A copy will be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy will be sent to each person who has specifically requested it. 22-015 Public hearing and city council action. (a) Generally. The city council shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals on the Hearing Examiner's decision of an appeal of a threshold determination or his or her decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan (b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on the decisional criteria listed in the provisions of this chapter describing the proposal. (d) City council action. After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsection (c) of this section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based On those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of final decision. (a) General. Following the final decision by the city council, the director of community development services shall prepare a notice of the city's final decision on the application. Article ** Page 5 of 6 Development Agreements (b) Distribution. After the city council's decision is made, the director of community development services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed ~vithin 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Recor~ls. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or -as may be amended. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement. 22-021 Minor modification of development plan. The Director of Community Development Services may approve minor modifications to the development plan using process III described in FWCC 22-386 through 22-411. The city may approve a minor modification based on the following guidelines: (1) Modifications shall conform to the terms of the development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project; (3) The change will not result in increasing the residential density or gross floor area of the project; (4) The change will not reduce any required yard; (5) The change will not result in any increase in height of any structure; (6) The change will not result in a change in the location of any access point to the project; (7) The change will not increase any adverse impacts or undesirable effects of the project; and (8) The change in no way significantly alters the project. Any other proposed modification to the development plan will be determined on a case-by-case basis by the director of community development services. I L2002 Code Amendments\Development Agreements\LUTC\New Process as presented to PC.doc09/10/2002 1:51 PM Article ** Page 6 of 6 Development Agreements Exhibit 2 MEETING SUMMARY Commissioners present: John Caulfield, Hope Elder, Bill Drake, Dini Du¢los, and Grant Newport. Commissioners absent (excused): Dave Osaki. Commissioners absent (unexcused): Nesbia Lopes. Alternate Commissioners present: Tony Moore and Marta Justus Foldi. Alternate Commissioners absent (unexcused): Christine Nelson. Staff present: Senior Planner Margaret Clark, Assistant City Attorney Karen Kirkpatrick, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF SUMMARY It was m/s/c to approve the July 17, 2002, meeting summary. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Ms. Clark informed the Commission that their next meeting would be a public hearing on September 18, 2002, on code changes to discourage bulky buildings in the city center. The public hearing for the 2002 Compressive Plan Amendments will come to the Commission on October 16, 2002. A copy of the proposed amendments will be sent to Commissioners three weeks before the meeting and the staff report will be available one week before the meeting. The Downtown Market Study has been completed and will go to the LUTC on September 16, 2002. The updated 2000 Market Study will soon be completed. The terms for three Commissioners expire September 30, 2002, John Caulfield~ Hope Elder, and Dini Duclos. All have submitted an application to be reinstated. Planning Commission interviews are schedule for the City Council meeting of October 1, 2002. COMMISSION BUSINESS- PUBLIC HEARING - Development Agreement Code Amendment Ms. Clark presented the staff report. She gave the Commission handouts on the proposed code amendment. Earlier this year staff was given direction by the LUTC to prepare a code amendment on development agreements. This code amendment proposes that development agreements be used: at the City Council's discretion; where the project is larger in scope; where the project may have potentially larger impacts than normal; and/or where certain restrictions may be desired to be placed on a project. Development agreements may uot be used to waive requirements of the Federal Way City Code (FWCC). For example, they may not be used for variances. K/Plannlng Co m missio n/2002'~ieeting Sum mary 09-04-02 doc Planning Commission Summary Page 2 September 4 2002 The proposed code amendment would amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments to be reviewed pursuant to a development agreement. The proposed amendment would also create a process to govern review and approval of development agreements, would add language to the land use charts to allow the City Council's public hearing to take the place of the master plan public hearing or other hearing by the Hearing Examiner to establish the use, and would make some housekeeping amendments and clarifications. Ms. Clark reviewed the process flow chart. Development agreements allow for development while mitigating the impacts. The applicant, staff, Planning Commission, LUTC, or City Council could initiate a development agreement. The City Council makes the final decision as to whether a development agreement should be done. The Commission asked if there would be any guidelines for the City Council to follow when making their decision. Ms. Clark replied that staff does extensive research on the proposal and the City Council would base their decision on that research. It was noted that this amendment deals with development agreements for comprehensive plan amendments and under state law other types of development agreements could be done that would not have to go through this process. There was no Public Testimony. It was m/s/c to close the public hearing. It was m/s/c (unanimous) to recommend to the City Council for adoption of the proposed FWCC text amendments. ADDITIONAL BUSINESS The City is still working in the PAA study. They have been waiting for the update on the Market Study and will be moving forward. Discussion was held on how Pacific has pulled out of some of their PAA. Is the City considering adding this area? The LUTC has had some initial discussion on this and other possible PAA additions. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 7:50 p.m. EXHIBIT A of EXHIBIT 3 Article IX. PROCESS VI REVIEW* Sections: 22-516 Purpose. 22-517 Initiation of proposals. 22-518 Docket. 22-519 Compliance with State Environmental Policy Act. 22-520 City council review. 22-521 Timing of filing - Notice. 22-522 Application. 22-523 Criteria for prioritizing plan amendment requests. 22-524 Preapplications required. 22-525 Legislative rezones. 22-526 Criteria for approving a legislative rezone. 22-527 Map change. 22-528 Zoning text amendment criteria. 22-529 Factors to be considered in a comprehensive plan amendment. 22-530 Criteria for amending the comprehensive plan. 22-531 Official file. 22-532 Notice. 22-533 Staff report. 22-534 Public hearing. 22-535 Material to be considered. 22-536 Electronic sound recordings. 22-537 Public comment and participation at the hearing. 22-538 Continuation of the hearing. 22-539 Planning commission - Recommendation. 22-540 Planning commission - Report to city council. 22-541 City council action. 22-542 Transmittal to state. 22-543 Appeals. 22-544, 22-545 Reserved, *Editor's note - Ord. No. 99-337, 8 2, adopted March 2, 1999, repealed Article IX, §8 22-516 -22-538 in its entirety and enacted a new Article IX, §8 22-516 - 22-543. Former Article IX pertained to similar material and derived from Ord. Nos. 90-43, §§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, 8 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and f~om Ord. No. 97-291, 8 3, adopted April 1, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) 22-517 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council or ©2002 Code Publishing Co. Page 1 council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, § 2, 3-2-99) 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the following annual review. !:: addifie::, fro' :'ale::'3::': · ~ d ' ~ aaa (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RC W 36.70A. 130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the council's discretion. (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, § 2, 3- 2-99) 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. !n ! 999 :n!y, ...~ ................................. , ....................... r ......... Notice shall be ven as follows: (1) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgement of the director of community development services may be directly affected by changes to the comprehensive plan or dev¢lopmeut regulations shall be sent a copy of the notice. In determining who may be affected by chan~es to the comprehensive plan o~r development regulations c!'~anges, the director may rely on written correspondence indicating an ©2002 Code Publishing Co. Page 2 interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2, 3-2-99) 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to pp y. An apphcant must complete ........... an application form prepared by the city. An applicant seeking a sit~ :;~:cit~c ,-~ ............. : ....' ' ~ ~e:;lgllatlo:l change ill comprehensive plan designation and zonine for a specific parcel shall also file the information specified in FWCC 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, § 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting any ~o:!:et':~ amendment requests, the city council shall hold a pubhc heanng and select those ......................... requests it wishes staff to research further. ........ ;.~,,. ~;....., .,~., .."~?*; ......... .... n. ~,...mm -,~-~;,""~ .... ................... ~...; .... ~"" vcct:r ::~:' Ai~:'i! 2(?t!:, but (b) The city council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments or development regulations to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions ;.- t?~': ........ ~: ...... :icinity have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set forth in subsections (b)(1) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. Page 3 22-524 Preapplications required. Ali applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by the proposed rezone. All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3- 2-99) 22-527 Map change. If the city approves a legislative rezone, or a change in a comprehensive plan map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various tvnes of commemial uses, when considering proposals for comprehensive plan mnendments and rezones I~- from one commercial designations-to another, ©2002 Code Publishing Co. Page 4 the City ~ill consider development trends in commercially zoned areas, market demand for v_arious tvnes of commercial land, and alllotnlt of vacant commercial land ~.r..;:.: For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99-337, § 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 99- 337, § 2, 3-2-99) 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, § 2, 3-2-99) 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the comprehensive plan map designatkm and zoning map, ::a::ing t~xt, text of the comprehensive plan. and text of the development regulations are prioritized by the city council, as well as the public hearing held by the plannimz commission. (I) Contents. The director of community development services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, _c_on~prehensive plan designations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public hearing. e. A statement of the availability of the official file. fi A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing following the procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site. (Ord. No. 99-337, § 2, 3-2-99) 22-533 Staff report. (a) General. The director of community development services shall prepare a staff report containing: (1) An analysis of the proposal and a recommendation on the proposal; and ©2002 Code Publishing Co. Page 5 (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent with FWCC 22 520 22-526, 22-528, 22- 529 aad 22-530. For site-specific cnmprehensive plan ameudmcnts~ the provisions of FWCC 22- _488(c) sh~Jj aLs~La_ppLv_~ (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission am open to the public. (c) -Pursuant to Section 22-015, when a development agreement and plan have been prepared, the city council shall hold a public heariug. (c) d!~LEffect. Except as provided in subsection (a) and (c) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99): 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b)~. and (c) and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) and Id) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) in the case of development agreements~ thc director of connnunity development services may require the applicant to submit any additional information or material, that is reasonably necessary for a decision on the matter, including a site develoement plan associated with a site- specific request. 6c-)- (d) Exception for environment information. Ifa proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, ©2002 Code Publishing Co. Page 6 during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) 22-539 Planning commission - Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22 52!, 22 523 zr 22 525 22-526, 22-528, 22-529, 22-530 and 22-488(c), and take one of the following actions: (1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City cotmcil action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal back t9 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 proposal. (Ord. No. 99-337, § 2, 3-2-99) (5) If the city council determines that a development agreement shall be prepared for a sitc-spccific request, the city council shall recommend fiu'ther analysis based ou Article ** l)evelopment Agreements. ©2002 Code Publishing Co. Page 7 22-542 Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the State]~qm~moat ()fl'ice ..... of Community ,~¥~,4 ............. .... ~ ,: .............. .......... ~ Development (!)C'!'ED OCD) and other interested affected local and state agencies, the county and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DCTED ()CD and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. ©2002 Code Publishing Co. Page 8 EXHIBIT B of EXHIBIT 3 Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 Purpose. 22-002 Authority. 22-003 Content of development agreement. 22-004 Initiation of proposals. 22-005 Preparation of development agreement. 22-006 Applications. 22-007 Official file. 22-008 Preapplications required. 22-009 Compliance with State Environmental Policy Act. 22-010 Community design guidelines. 22-011 Timing of public hearings. 22-012 Factors to be considered in review of a development agreement. 22-013 Notice. 22-014 Staff report. 22-015 Public hearing and city council action. 22-016 Notice of final decision. 22-017 Judicial review. 22-018 Term of agreement 22-019 Recording. 22-020 Amendment of development agreement. 22-021 Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretion. Development agreements are to be used where the project is larger in scope and has potentially larger impacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B. 170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety. Article ** Page I Development Agreements 22-003 Content of development agreement. (a) A development agreement must set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable Cit~ of Federal Way development regulations. (b) For the purpose of this section, "development standards" may include, but is not limited to: (1) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Any other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based on council direction, and subsequent to action taken pursuant to Section 22-541(c)(5), after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with Section 22-003, Content of Development Agreement. (b) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541 (c)(5). If a development ola~ is reauired~t shall accomnanv the develooment aereement for review and aetign by the ci~ council. 22-006 Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enough information to locate the property within the larger area; (5) Any information or material that is specified in the provision of this chapter that describes the applied-for decision; Article * * Page 2 Development Agreements (6) All information specified in FWCC 22-33. The detail to be included in the development plan is based on the council's direction identified in Section 22-541(c)(5) and shall be related to the nature and scope of the project and its potential impacts; and (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC 22-33 and this section relating to what constitutes a complete application. 22-007 Official file. (a) Contents. The d'2r::tvr :f :cm..'n.'an.:ty E:':z!zTm:nt zzr."Z:: city shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording of the city council on the matter. (5) The decision on the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours. 22-008 Preapplieations required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing on an application for Process IV approval. 22-010 ............. ~ .... ,,.. ~, ........... Develon_m~_ent plan. ~ Any development plan accompanying the development agreement shall be subject to ~ Notice rea_uirements of FWCC 22-392 through 22-494. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. The developmen_t~lan shall also be reviewed pursuant to the Community Desi~,~n Guidelines requirements of FWCC 22-395 through 22-406 exceot that ~ appeal of the Hearing Examiner's decision on the appeal of an administrative decision on the Community Design Guidelines shall be heard by the city council based on the procedures of FWCC 22-448 through 22-455 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22- 015. 22-011 Timing of public hearings. Any requests associated with the project-specific development plan requiring a public hearing by the Hearing Examiner shall be heard by the Hearing Examiner prior to the public hearing by the city council on the development agreement and development plan. The Hearing Examiner's review shall follow the Article ** Page 3 Development Agreements provisions of FWCC Article VII. Process IV Review - Hearing Examiner's Decision and shall be limited to that particular aspect under his or her~ purview and shall not ex.tend to either the development agreement or development plan. 22-012 Factors to be considered in review ora development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: (a) Compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; (c) Potential benefits of the proposal to the community; and (d) Effect upon other aspects of the comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (1'} Descriotion ofnuroose of hearing,I (4-) (2~ The name of the applicant and the project name (if applicable). 624 (3) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal. (-3-) (4~ The street address of the subject property or, if this is not available, a description of the location of the proposal in non-legal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (-4-) (5) The date, time, and place of the public hearing. (--5-) (6) A statement of the availability of the official file. (40 (7) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally. (--7-) (8~ A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agreement and plan may appeal the city council's decision. ~ ~ The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (1) Timing. The a~pJicant shall be resnonsible for installine the public notification sign or signs mu:*. ~: '~n 7!zz: at least 10 calendar days before the public hearing and r:m~.':~ removing them within seven calendar days after the final decision of the city on the matter. Article * * Page 4 Development Agreements 22-014 Staff report. (a) Contents. The director of community development services shall prepare a staff report for the public hearing by the city council containing the following information: (1) All pertinent application materials. (2) All commems regarding the matter received by the department of community development services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staff report as follows: (1) A copy will be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy will be sent to each person who has specifically requested it. 22-015 Public hearing and city council action. (a) Generally. The city council shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals on the Hearing Examiner's decision of an appeal of a threshold determination or his or her decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan (b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on the decisional criteria listed in the provisions of this chapter describing the proposal. (d) City council action. After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsection (c) of this section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based on those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of final decision. (a) General. Following the final decision by the city council, the director of community development services shall prepare a notice of the city's final decision on the application. (b) Distribution. After the city council's decision is made, the director of community development Article ** Page 5 Development Agreements services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govem during the term of the agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Records. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or as may be amended. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement. 22-021 Minor modification of development plan. The Director of Community Development Services may approve minor modifications to the development plan on a case-by-case basis using process III described in FWCC 22-386 through 22-411. Tk: :!~' tony zF?rv:'~_ a Criteria for angroving minor modifications include but are not limited to ~ the following guidelines: (1) Modifications shall conform to the terms of the development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project; (3) The change will not result in increasing the residential density or gross floor area of the project; (4) The change will not reduce any required yard; (5) The change will not result in any increase in height of any structure; (6) The change will not result in a change in the location of any access point to the project; (7) The change will not increase any adverse impacts or undesirable effects of the project; and (8) The change in no way significantly alters the project. ~3' th: ~:rz:tzr :f :zm:n..'.:n:'.%' ~::.:!:F..'v. znt ::r.5--ee. Any modification to the develooment olan not deemed to be minor, shall be considered major and shall be decided uoon as if it were an anolication for a ne~w develooment aereement. I:~2002 Code Amendments~evelopment Agreements~LUTC\091602 New Process.doc09/10/2002 2:21 PM Article * * Page 6 Development Agreements Yes Yes Hearing Examiner Hearing & decision SEPA appeal '~ Process IV Appeal of Guidelines No No No Superior Court City Council Review & decisiou Closed Record Appeal CC's decision on M-~ ~~'"~N HE's decision on Appeal of Guidelines Yes Appeal of Guidelines o CC's decision on ~~ppeaI~N HE's decision Process IV '~ Yes on Process IV o CC's decision on ~~AppeaI~N HE's decision SEPA appeal ~-~ Yes on SEPA appeal O CC's decision on / City Council Development ~ Yes -~' r Public Hearing & Decision Agrmnt & Plan Development Agunnt & Plan EXHIBIT 5 CITY OF FEDERAL WAY ORDINANCE NO. 02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENT TO CONSOLIDATE PUBLIC HEARINGS 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 develop a process to review development agreements and related code amendment to consolidate public hearings will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendments to develop a process to review development agreements and related code amendment to consolidate public hearings will implement and is consistent with the Federal Way Comprehensive Plan; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on September 4, 2002, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments to develop a process to review deVelopment agreements and related code amendments to consolidate public hearings on September 16, 2002, following which it recommended adoption of the text amendments. WHEREAS, the City Council finds that the code amendments relating to developing a process to review development agreements and related code amendment to consolidate public hearings am 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. NOW, THEREFORE, THE CITY COLrNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section I. 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 am consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. and 3. The proposed amendment is in the best interest of the residents of the city because they will supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Section 3. Amendment. FWCC, Chapter 22 is 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 ORDINANCE NO. 02 - , PAGE 2 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 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 ., 2002. APPROVED: MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CRISTINE GREEN, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY, PAT RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: I:X.2002 Code Amendments\Development Agreements~LUTC\091602 Ordinance.doc09/10/2002 5:24 PM ORDINANCE NO. 02 o , PAGE 3 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Tyco International Inc. Fiber Optic Franchise. CATEGORY: BUDGET IMPACT: [] CONSENT X ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memo to the Finance, Economic Development, and Regional Affairs Committee dated September 24, 2002, and draft Tyco International Inc. Fiber Optic Franchise. SUMMARY/BACKGROUND: Tyco International Inc. has requested a franchise to operate a fiber optic communications system within City rights-of-way along Military Road for its entire length within Federal Way (between approximately S. 306th and the intersection of Star Lake Road, Military Road and I-5). Twelve underground conduits were installed by Williams Communications under its franchise with the City (Ordinance No. 00-371), and four of the conduits have been sold to Tyco. Tyco is not proposing any additional installation of conduit. The terms of the franchise are consistent with other franchises the City has granted to Tacoma Public Utilities, Puget Sound Energy, Weyerhaeuser, Sprint, Metromedia and Williams. The terms of the franchise are summarized in the attached September 24, 2002 memorandum to the Finance, Economic Development and Regional Affairs Committee. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward Tyco Franchise to full City Council on October 1, 2002, with a "do pass" recommendation. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on October 15, 2002". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLEDTDEFERRED/NO ACTION Enactment reading ~ MOVED TO SECOND READING (ordinances only) ORDINANCE # ad 021o 16, 0 ttlarttted RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: September 24, 2002 To: Finance, Econ~opment and Regional Affairs Committee Via: David H. Mo§eley,~i~lhnager Pm - -~ - · OM?,~_ From: a 'cia A. Richardson, Interim City Attorney ~- Subject: Proposed Tyco International Inc. Fiber Optic Franchise Tyco International has requested a franchise to operate a fiber optic communications system within City right-of-way along Military Road. Twelve underground conduits were installed by Williams Communications under its franchise with the City (Ordinance No. 00-371), and four of the conduits were sold to Tyco. Tyco is not proposing any additional installation of conduit. The basic terms of the proposed franchise are as follows: 1. Equipment. The franchise would permit Tyco to operate an underground fiber optic communication system comprised of (a) four underground (lilac, grey, green and yellow) conduits of the twelve authorized by the Williams Franchise and (b) the fiber running through the conduits. 2. Consideration. Tyco will pay the City's administrative costs and expenses in preparing and approving the franchise. Tyco will also relocate its facilities at the City's request, at Tyco's cost, and repair any damages it causes to the ROW, also at Tyco's cost. 3. Insurance. Tyco will maintain insurance of $5 Million combined single limit for commercial general liability and $2 Million for automobile insurance. 4. Term. The term of the proposed franchise is 10 years, consistent with franchises the City has granted to AT&T, for cable; Puget Sound Energy; Tacoma Public Utilities (for Lakehaven second supply pipeline); Weyerhaeuser, Sprint, Metromedia and Williams (fiber optic cable). 5. Bond. The proposed franchise requires Tyco to post a bond in the amount of $50,000. Committee Recommendation: Staff requests that the committee forward the proposed franchise to the full City Council, for placement on the October 1, 2002 City Council agenda, with a "do pass" recommendation. K:\telecom\fedrac tycom memo.doc ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING TYCO NETWORKS (US), INC., A NEVADA CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF- WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Tyco Networks (US) Inc., a Nevada corporation CTyco'') has requested a fi.anchise fi.om the City of Federal Way, in order to maintain, repair, and restore a portion of Williams Communications' fiber optic communications system within the Military Road right-of- way; and WHEREAS, on August 1, 2000, the City Council enacted Ordinance No. 00-371, granting Williams Communications a nonexclusive fi.anchise to occupy rights of way within the City for the purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic communications system within the City; and WHEREAS, Williams Communications' fiber optic communications system consists of twelve (12) underground conduits, of which ten (10) have a diameter of 1.50 inches and two (2) have a diameter of 1.25 inches; the fiber running through the conduit, and appurtenant splice boxes; and Ordinance No. 02- , Page 1 WHEREAS, Williams Communications has constructed and installed said fiber optic communications system; and WHEREAS, Section 24.3.1 of the Williams Communications' franchise requires that Williams Communications obtain the City's approval before transferring or assigning any portion. of the commtmications system under the franchise Ordinance No. 00-37; and WHEREAS, Williams Communications and Tyco entered into a joint built agreement whereby Tyco will take title to four (4) of the ducts installed; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Tyco; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. I)efinition~ Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. Ordinance No. 02- , Page 2 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means: (a) an underground fiber optic communication system comprised of four (4) underground lilac, grey, green and yellow conduits, of the twelve (12) underground conduits authorized by Ordinance No. 00-371; and (b), the fiber running through the conduits as specifically depicted in Exhibit A hereto and in plans on file with the City of Federal Way in File No. 00-103793 UP. "Facilities" also means any other equipment approved by the Federal Way City Council by ordinance and incorporated herein by amendment. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means only that portion of the Military Road rights-of-way located in the City of Federal Way and shown in Exhibit A attached hereto and in plans on file with the City of Federal Way in File No. 00-103793 UP, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee" means Tyco, and its successors and assigns if approved and/or permitted as provided in Section 24.3 herein. 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of installing and maintaining the fiber running through the Facilities within the Franchise Area. This franchise is specifically limited to the right for Tyco to maintain Facilities owned and operated by Tyco. Franchisee may not provide Ordinance No. 02- , Page 3 cable television or open video system services, unless it first obtains a cable television franchise or open video system fi-anchise or agreement from the City. 2.2 Acceptance hy Franehlgee Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area City Property. This Franchise does not and shall not convey any right to Franchisee to maintain its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than the Military Road right-of-way depicted in Exhibit A. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period often (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section S. l,ocation af Facilities 5.1 l,ocation. The Facilities will be installed underground pursuant to the Williams Communications franchise Ordinance No. 00-371. Upon written request of the City, Franchisee shall update "as-built" plans to reflect actual or anticipated improvements to the system. Any such Ordinance No. 02-. , Page 4 plans (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such plans be construed as a proposal to undertake any specific improvements. 5.2 Gl~q Data At such time as Franchisee develops or employs Geographic Information System CGIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 De~i? Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance requested by the City. ~ection fi. Noninterference of Facilltie~ Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1)so as not to unreasonably interfere with the free passage of traffic; (2)in accordance with the laws of the State of Washington and City Code requirements, franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Ordinance No. 02- , Page 5 ~qeetinn '/. Reo?irement tn Obtain Permit~ 7.1 Permitg ancl Permit Applieation~. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall be accompanied by plans stamped by a Professional Engineer licensed by the State of Washington, which plans shall show the position and location of the proposed facilities to be repaired, replaced or removed at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic tumouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to Ordinance No. 02- , Page 6 complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Reqmrernent In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. ~ection 8. ~qtandard of Performancf~ Franchisee shall not utilize open cut or open trench construction methods for repairing, replacing or removing Facilities, unless: (1) required by an emergency; or (2) unless boring is not technically feasible and permission is first obtained from the Director of Public Works. In the event that Franchisee utilizes open cut or open trench construction methods, Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. As part of final surface restoration, Franchisee shall install new asphalt overlay for Ordinance No. 02- , Page 7 a minimum distance of 300 feet fi.om the cut or trench on both sides of the cut or trench (i.e., a total distance of 600 feet). In the event that the City adopts a street or pavement degradation fee by ordinance, at the option of the City Franchisee shall pay such fee in lieu of installing the new asphalt overlay required by this Section. ,qectinn 9. ~qurvey Marker~ and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. ~qection 10. ~urface Markin~/~qtake~ Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The constmction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Ordinance No. 02- , Page 8 ,~ectinn I 1. Right ~f ~ity tn C~orn?lete Wnrk In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (1 O) days after Franchisee receives written notice fi.om the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair and Franchisee's obligation to remove or relocate facilities. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. ~ Notice to Franchisee of Work by City.. 12.1 Ci~ Reservation of Rights The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, utility, telecommunications, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. Ordinance No. 02- , Page 9 This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, Over, upon, and along the Franchise Area, nor from exemising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 Relocation ofFrannhi~ee's Fac. ilities. In the event that exemise of any of the rights reserved under Section 12.1 above reasonably requires the City to construct, alter, repair, or improve the right-of-way ("City work"), and the City work necessitates the relocation of the Facilities then existing in the Franchise Area, the City may require Franchisee to relocate the Facilities, as provided herein. 12.2.1 City's Duties. The Cityshall: (a) Provide written notice as soon as practicable of the requirement for relocation and the date by which relocation shall be completed. The City shall calculate the date for completion of the relocation in accordance with RCW 35.99.060(2) [2000 Laws, Ch. 83, Sec. 6(2)]; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work. 12.2.2 Franchi.qee's Duties Franchisee shall: (a) No later than the date set by the City for completion of the relocation (unless adjusted by the City or a reviewing court pursuant to RCW 35.99.060(2) [2000 Laws, Ch. 83, Sec. 6(2)], raise, lower, or move the Facilities to the location or position directed by the City, to cause the least interference with the City work and to conform to such new grades as may be Ordinance No. 02- , Page 10 established. If the City improves the right-of-way and, if directed by the City, Franchisee shall replace the Facilities with substitute Facilities conforming to the specifications for the improvement of the right-of-way; (b) bear all costs and expenses of the relocation and provision of substitute Facilities, except as provided in RCW 35.99.060(3) and (4) [2000 Laws, Ch. 83, Sec. 6(3) and (4)]. In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately noti~' the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights- of-way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage and recover the costs and expenses of such repair from Franchisee in accordance with the provisions of Section 11 of this Agreement. ,~eetinn 14_ ~ 14.1 Notice of De£anlt In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of Ordinance No. 02- , Page 11 such notice in which to comply. 14.2 Revocatlnn nf Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 1 ~, Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 1 {~, Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Seetinn 1 '7. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Ordinance No. 02- , Page 12 Sectinn ! 8. C~mpliance with I,aWS 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise shall control. City and Franchisee acknowledge and agree that the terms, conditions and provisions of this Franchise are consistent with applicable law, including but not limited to with the Telecommunications Act of 1996, existing Washington State statutes and 2000 Laws Ch. 83 (as passed by the Senate and House of Representatives of the State of Washington) and the FWCC, as currently enacted and interpreted. 18.2 Furore City of Federal Way Re~m~laticm. Subject to Section 18.1 above, Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 19, Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair including Facilities and right-of-way restoration; Ordinance No. 02- , Page 13 provided, however, Franchisee is not guaranteeing the provision of any specific telecommunications services. ~ Adminiatratlve Pursuant to 35.21.860 of the Revised Code of Washington (RCW) and RCW 35.21.860(1) [2000 Laws, Ch. 83, Sec.8(1)], the City is currently precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065 and Service Providers as defined in RCW 35.99.010(6) and RCW 35.21.860(1) [2000 Laws Ch. 83, Sec. 1(6) and 8(1)], except that fees may be collected for administrative expenses related to such franchise and Franchisee does hereby warrant that its operations as authorized under this Franchise are those of a Service Provider and telephone business as defined in RCW 82.04.065. In recognition of Franchisee's status, the City shall be entitled to reimbursement of all actual costs, including reasonable overhead costs associated with the administration of this fi'anchise or costs incurred by the City for actions undertaken in accordance with the franchise. These costs shall include, but not be limited to wages, benefits, equipment and supplies for activities such as plan review, permit processing and permit inspections. Such costs shall be billed to Franchisee on a quarterly basis and Franchisee shall pay such costs within thirty (30) days of receipt of such bills. Each bill shall include verifiable detail as to the nature of the costs incurred. Failure by Franchisee to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this Franchise. Franchisee also agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City which are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees Ordinance 1No. 02- ., Page 14 or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code or as permitted by other applicable law. Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this fi'anchise or any ordinance relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City. In addition to the above, Franchisee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Franchisee's Facilities. Further, Franchisee shall also pay all taxes and pavement and street degradation fees which are authorized by law or City ordinance and may now or hereafter be required and imposed by the City. ~ Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against Ordinance No. 02- ., Page 15 claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is conunenced against the City which gives rise to Franchisee's obligation pursuant to this Section21, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted theretmder, to the full extent of Franchisee's negligence. The provisions of this Section21 shall survive the expiration or termination of the Franchise for a period of three (3) years. ~eetinn 22. lns.rnn('~ 22.1 Minim.m Limitg. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property Ordinance No. 02- , Page 16 damage; and (c) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 22.2 Mandatory. Inmlrance Proviglons. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insureds; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, retum receipt requested; and (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or voltmteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage Franchisee shall furnish the City with certificates of insurance evidencing the coverages required by this Section. The certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request in the event of a claim, Franchisee shall deliver certified copies of all required insurance policies. Ordinance No. 02- , Page 17 fleetlan 23. Bond Before executing this Franchise, the Franchisee shall post a bond in the amount of $50,000 in connection with the Facilities to guarantee performance of the maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in Section 8, and with the City's rights as specified herein. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required by Section 7, the City may perform the work as provided in Section 11 above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section 11, at the City's sole discretion. ~. Genergl Provi~inn~ 24.1 Entire A~rearne. nt This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing s!gned by both of the Parties. 24.3 A~ignment and l,ea~in~/~qnhlea~illg. 24.3.1 AssiLznment This Franchise may not be assigned or transferred without the prior, express, written approval of the City, which approval shall not be unreasonably withheld, Ordinance No. 02- , Page 18 provided that the Franchisee shall have the right to mortgage its rights, benefits and privileges in and under this Franchise to secure any indebtedness without notice or approval. Any attempted assignment or transfer in violation of this section shall be void. The transfer of the rights and obligations of Franchisee to a parent, subsidiary, affiliate, or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of Franchisee's stock or assets, shall be deemed an assignment. The City's review of a proposed assignment or transfer shall be based on the following criteria: (i) the transferee shall have technical expertise, capabilities and financial strength to meet the obligations of the Franchise and being at least equal to or greater than that of Franchisee during the twelve (12) months prior to the transfer; and (ii) the proposed transferee's record of performance under similar agreements. Further, the transferee shall assume all of the obligations of Franchisee hereunder, and Franchisee shall not be released from the obligations of this Franchise by virtue of such transfer until the City consents to such transfer or assignment. Franchisee shall give to the City thirty (30) days' prior written notice of any such proposed assignment or transfer and shall provide all necessary information to the City, including financial data, in order to enable the City to evaluate whether the proposed transferee satisfies the foregoing criteria. The City shall take action on the proposed assignment or transfer no later than ninety (90) days of receipt of all necessary information. In the case of any proposed transfer for which the City' approval is required hereunder, Franchisee agrees that the City's reasonable expenses incurred in reviewing such transfer or assignment proposal are Franchise administration expenses which shall be reimbursed pursuant to Section 20 herein. To the extent allowed by law or a court of competent jurisdiction, the City shall treat documents and financial data provided by Franchisee for City evaluation under Ordinance No. 02- , Page 19 this Section as confidential and exempt from public disclosure. Within thirty (30) days of the date of any approved assignment or transfer, Franchisee and assignee or transferee shall file written notice of the assignment or transfer with the City together with written acceptance of all terms and conditions of this Franchise. 24.3.2 Leasing/,q.hlea~ing. Notwithstanding the provisions of Section 24.3.1 above, Franchisee may lease or sublease a portion of the Facilities to other entities, provided that Franchisee shall not permit any such lessee or sublessee to utilize or control the leased or subleased Facilities until the lessee or sublessee has first obtained a franchise from the City. Franchisee shall provide notice, as soon as practicable but in any event prior to entering into any lease or sublease, of the name, mailing address and telephone number of any person or entity proposing or requesting to lease or sublease any portion of the Facilities, so that the City may contact and discuss franchise requirements with said person or entity. Any lease or sublease entered into in violation of this subsection shall be void. 24.4 Attorney Fee~ In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enfomement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington, unless a court of competent jurisdiction determines that an administrative agency outside of King County has primary jurisdiction, in which case venue shall be said administrative agency. Ordinance No. 02- , Page 20 24.5 No Waiver, Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing l.aw. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 24.8 Notices Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: Russell D. Williams City of Federal Way Director of Terrestrial Construction Attn: City Attorney Tyco Networks (US) Inc. 33530 1st Way South 10 Park Avenue Federal Way WA 98003-6210 Morristown, NY 07960 Mailing Address: P. O. Box 9718 Federal Way, WA 98063-9718 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Caption~ The respective captions of the sections of this Franchise are inserted for Ordinance No. 02- , Page 21 convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulatlve~ Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. ~qeetinn 2~, ~qevera hili~?/ If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 26. Ratificafir~n Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. PASSED by the City Council of the City of Federal Way this day of _, 2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: Ordinance No. 02- , Page 22 CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance No. 02- , Page 23 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this __ day of 2002. TYCO By: Its: K:\Telecom\tycorafran final Ordinance No. 02- , Page 24 EXHIBIT A Detailed plans of the Franchise Area are on file with the City of Federal Way Public Works Department. Ordinance No. 02- , Page 25 TYCO FIBER ROUTE 'FEDERAL WAY/ KING COUNTY KING COUNTY WASHINGTON 'mom Beeeh ~ N CABLE Telecommunicat/o~s CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY CENTER REDEVELOPMENT TOOLS CATEGORY: ................................................................... BUDGET I"MPACT: X CONSENT ORDINANCE Amount Budgeted: RESOLUTION PUBLIC REARING Expenditure Amt.: [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: ATTACHMENTS: Memo to Finance/Economic Development/Regional Affairs Committee, dated 8/22/02 Memo to Finance/Economic Development/Regional Affairs Committee, dated 9/30/02 SUMMARY/BACKGROUND: Pursuant to direction from the July FEDRAC meeting, City staff have held internal working sessions, conducted research, and the City-Chamber Economic Development Committee cosponsored a SeaTac Mall/City Center Redevelopment Brainstorming Session on 8/20/02, assisted by an urban redevelopment consultant. The goal of FEDRAC and these activities has been to elucidate any and all tools/ideas available to the City to help foster desired redevelopment of City Center properties, including thc SeaTac Mall. At the August 27, 2002 FEDRAC meeting, staff presented a memo (dated 8/22/02 and attached hereto) briefly outlining potential redevelopment tools. Of that list of nine ideas/tools, the Committee chose five for more detailed study and presentation back at the 9/30/02 FEDRAC meeting. Staffs memo dated 9/30/02 (attached hereto) provides this more detailed study. Staff presented this memo and associated information to FEDRAC at its 9/30/02 meeting, and the Committee made the recommendations cited below. CITY COUNCIL COMMITTEE RECOMMENDATION: On 9/30/02 the Finance, Economic Development and Regional Affairs Committee approved the following recommendations to City Council: 1. Forward to LUTC the SEPA Planned Action for the City Center Core on the area described by South 316th and 324th Streets and Pacific Highway South and 23rd Avenue South, and include Ross Plaza and Hillside development. 2. Forward the Housing Tax Exemption proposal back to City Council for a public hearing on the "residential targeted area," as required by RCW, followed by action on the designation of the "residential targeted area: and action on the corresponding code amendments. 3. Forward to LUTC the issue of further studying the potential for any modification to ROW improvement standards within the City Center Core, or specific areas therein, that could lessen this burden to developers, while still maintaining necessary ROW functionality. 4. After LUTC has made a determination regarding the ROW improvements outlined above, return the issue to FEDRAC to direct City staff to identify the potential incentives to redevelopment and conduct further study of the potential for funding/partially funding these requirements. 5. Direct City staff to study further the two approaches discussed above for potentially funding or partially funding a public parking garage in the City Center, including potential funding plans and implementation strategies, to be brought back to FEDRAC for discussion and potential action. 6. Direct staff to continue to study the potential for and legal ramifications of implementing a Community Renewal Plan and, barring serious legal obstacles; proceed with such a plan in tandem with the planning efforts associated with the SEPA Planned Action. PROPOSED MOTION: "I move to adopt the recommendations of the Finance, Economic Development and Regional Affairs Committee from September 30, 2002." ¥ , (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sx reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEMORANDUM TO: FEDRAC Members FROM: Patrick Doherty, Deputy Director, Community Development Services RE: CITY CENTER REDEVELOPMENT IDEAS & 8/20 WORKSHOP DATE: August 22, 2002 Pursuant to direction from the July FEDRAC meeting, City staff have held internal working sessions, conducted research, and the City-Chamber Economic Development Committee cosponsored a SeaTac Mall/City Center Redevelopment Brainstorming Session on 8/20/02, assisted by an urban redevelopment consultant. The goal of FEDRAC and these activities has been to elucidate any and all tools/ideas available to the City to help foster desired redevelopment of City Center properties, including the SeaTac Mall. Below is a list of ideas generated by staff, together with comments and responses (in italics) from both the urban development consultant and the attendees at the 8/20/02 Brainstorming Session. The list is complemented by an additional set of notes and comments about other issues. 1. SEPA Planned Action. Under this approach the City does the ElS upfront for an anticipated level/mix of redevelopment (including alternatives), approves a "planned action," and thus allows applicants of anticipated development to get a substantially expedited permit without going through environmental or other appealable land use approvals. A great idea that developers would really welcome, as long as it includes flexibility, multiple development scenarios, and mitigation measures and costs identified up-front 2. Housing tax exemption. If approved by City Council, would exempt new residential construction from City property tax for ten years. Could be a very attractive incentive to housing developers. Given the example of approximately $ 70, 000 in tax relief for a $ 7, 000, 000 residential project, that couM equal on the order of l O% of the desired annual operating income of Memo to FEDRAC August 22, 2002 Page 2 of 2 approximately 10% ($700,000) on the investment. This is a substantial figure that developers would respond to. 3. Waive development fees. Under this approach the City could waive development review fees for desired development types - ranging from land use to building permit fees. Given the relatively low cost of these fees vis-h-vis the total development costs, their benefit to the developer may not outweigh their cost to the City in person-hours. It also may raise equal protection questions. Although this idea has great "PR" value and could impress upon some developers and property owners that the City is committed to its objective to foster redevelopment of the City Center, the actual economic impact of waiving these fees is minimal. Land use and building fees typically are less than one-half of one percent of the overall construction budget 4. Waive mitigation fees. Under this approach the City could waive fees for mitigating certain development impacts, but this would likely only work if the City itself were intending to pay the mitigation fee and/or perform the mitigation of identified environmental impacts. As mentioned by the Brainstorming Session attendees, this, too, could raise equal protection issues. Waiving mitigation fees can have a more substantive impact on the development budget and be seen as a real incentive to rnost property owners/developers. It may, however, raise concerns within the community from other property owners/developers. Again, the mitigation would have to occur one way or another, so with waiving the fees, the City may have to foot the bill. 5. Waive utility taxes. The only tax that the City could waive in the City Center Core or other designated area would be the utility tax. This could serve as an incentive that developers could use to lure tenants - be that residential or commercial - which could, therefore, potentially affect developers' interest in City Center redevelopment opportunities. It was felt that this would not be a great inducement to most developers, unless they were specifically targeting potential tenants who are big users of utilities and might see that as an incentive to locate within a new development. 6. Reduce infrastructure requirements/Build infrastructure improvements. Under this approach the City could either reduce the design requirements for identified grid streets (e.g., narrow streets, allowing private drives to qualify, etc.) OR commit to constructing desired ROW improvements itself. This was seen as one of the most significant incentives that the City could offer. Developers typically respond quite enthusiastically to this kind of "partnering' with local municipalities. Given the not-insignifiCant burden that constructing Memo to FEDRAC August 22, 2002 Page 3 of 3 portions of the City Center grid street system might have on a particular development, this could be a real bonus. Within the Mall property itself, the circular, internal "ring road, ' contemplated in the Comprehensive Plan might be able to have lesser width/improvement requirements than normally required elsewhere in the City as a similar incentive. 7. Build public parMng garage. Given that the supply of parking might become a serious obstacle to major redevelopment of the Mall site (or possibly other sites), the requirement for some amount of structured parking may present itself. If the City were to fund/contribute to such a parking facility, it would remove or lower that potential obstacle. Similar to the previous tool, the City's constructing or participating in the construction of a parking garage could be seen as a serious and attractive "partnering" tool by developers. Notwithstanding what appears to be a large amount of parking at the Mall, most of that parking is allocated to one tenant or another, and new buildings or substantial expansions wouM displace parking that would have to be replaced Replacement would almost invariably have to come in the form of some structured parking. So, City participation in this endeavor would be not only a significant contribution but also could capacitate more ambitious redevelopment schemes. This idea was characterized as one of the best ways to help the economics of a project. There was a note of caution, however, in that parking garages require careful financial study in order to be successful. Some communities have succeeded with them and others have run into troubles. 8. Landpurchase/assembly. Through direct purchase, the City could assemble, permit and/or supply infrastructure and ROW improvements to parcels that then could be specifically marketed to developers for desired development. This is what the Cities of Renton and Tukwila have done to attract redevelopment. Although other communities have done this and are doing this currently, land purchase and assembly can be difficult, especially if there are multiple property owners and/or existing lease obligations. Of course, that is precisely the burden that a municipality may be attempting topee potential developers from - as an inducement. In a focused community redevelopment effort, this can be a very successful tool (see comments below about 'focusing efforts. ") 9. Loans and/or other financial assistance (through community renewal plan). Given Washington State constitutional restrictions, the City cannot simply give public money over to a private project, unless said project area meets the criteria for a community renewal area and a community renewal plan is implemented (RCW 35.81). Many criteria are listed, including "inappropriate uses of land or buildings" and "defective or inadequate street layout" that could apply to the Mall and City Center Core properties. Down-side is that this is a new, untested provision and we would have to work hard to create a squeaky-clean record. Memo to FEDRAC August 22, 2002 Page 4 of 4 Note on Community Renewalprovision: This tool also allows a type of tax- increment financing wherein the city's increment of property tax and sales tax within the community renewal plan area may be used to retire any bonds used to finance infrastructure or specific redevelopment projects. Other jurisdictions may contribute their portion, but would be unlikely to do so unless they see a benefit. One potential way King County might see a benefit and might, therefore, attract a portion of their sales tax increment would be to document that a new, redeveloped mall/city center would cater to some portion of our residents who now shop in Pierce County/Tacoma Mall, etc. With the right public proces& planning and focus, a community renewal plan can be very successful, especially if it can access/leverage some tax increment financing tools. This new legislation should be seriously considered especially if the City is interested in performing any of the right-of-way improvements or participate in constructing a parking garage. Other Comments/Ideas: · The consultant opined that Federal Way's demographics and location are strong and should provide a more successful mall/retail store. The combination of the demographics, location and size of the Mall allows for a greater potential, especially if structured parking is included. · The consultant noted that a successful city center requires a mixture of uses, not just retail. He indicated that housing is truly a key to an active city center because housing places people, with wallets, on the streets during all hours. Additionally, the added population increases safety as more "eyes on the street" are available. · The consultant also mentioned that the City should remember that it is a real estate developer. City facilities can substantially impact the city center, regardless of the type of structure (i.e. city hall, community center, performing arts facility, sports facility, etc.). He shared the dilemma Port Angeles is currently facing of having moved city facilities to a site outside the downtown area, which is now experiencing a reduction in business. As a result, Port Angeles is analyzing what is necessary to encourage/help development in the downtown area. · Because of limited public funds and planning/public process capacity, the City may want to consider adjusting the initial efforts to achieve City Center redevelopment by focusing on smaller, more manageable subareas within the City Center. For example, focus efforts for residential development on areas where residential development is most likely to occur. The consultant suggested the "northern" frame area with potential because there housing already exists and because it is an area with nice views. An example of commercial redevelopment could focus on the "quadrant" around the pr~o~osed Sound Transit facility, the Mall and/or Mall and properties north of 320 . The City could do a block-by- block analysis of potential areas Memo to FEDRAC August 22, 2002 Page 5 of 5 · The community should not perceive that the SeaTac Mall should be in competition with Southcenter or Tacoma Mall. It isn't. It should find its own market niche and cater to that. The Mall representatives said it could be further developed as a "lifestyle center," such as University Village. · The preliminary proposal being worked on by staff to require housing or office or multistory development together with large commercial developments should be sure to include flexibility. Housing atop certain big-box retailers may not be feasible, while housing atop other types of commercial may work. Perhaps the code provision ought to include an option that allows housing elsewhere on site. · The consultant mentioned that, above all, a developer is looking for predictability, consistency, timeliness, stability and "no surprises" in the permitting system. This can go even further than some smaller financial incentives (such as waiving permit fees) in partnering with developers. · Attendees brought up the related notions that interpretation of zoning provisions needs to be consistent, as well as the idea that perhaps a permit coordinator or problem-resolution coordinator could exist within Community Development. CITY OF FEDERAL WAY MEMORANDUM Date: September 26, 2002 To: Finance, Econom~pment and Regional Affairs Committee Via: David H. Mos~t M~'.anager From: Patrick Dohe~ty,)~uty Director, Community Development Services Subject: City Center Re'-'development Tools BACKGROUND: Pursuant to direction from the August FEDRAC meeting, City staff have more fully explored and researched five of the City Center redevelopment tools fi.om the nine then presented for preliminary discussion. This memo provides more information and background on these five potential redevelopment tools, which include: SEPA Planned Action, Housing Tax Exemption, Modify Infrastructure Requirements/Build Infrastructure Improvements, Participate in Public Parking Garage, and use of a Community Renewal Plan. You will note that some of these tools require further study or consideration before proceeding with implementation, although preliminary steps forward can be made without fully committing to the use of any of these tools. A summary of the City Center Market Study is also included, as it provides a valuable source of contextual information in considering City Center redevelopment ideas and tools. City Center Market Study Because so much of the ensuing discussion about the various redevelopment tools the City may be interested in centers on an understanding of the City's Comprehensive Plan vision for the City Center and its relation to the forecasted market forces, it is appropriate to provide a summary of the market study's general conclusions here. The market study offered the following general conclusions: · In general, the retail/service sector will continue to be the greatest source of new development and redevelopment in the City Center, with 533,600 additional square feet of space forecasted by 2020. · The likelihood that office space will be developed in the City Center is weakened by the ample supply of land available for office development in the East and West Campus areas and their correspondingly lower land values. For this reason, only 228,600 additional square feet nf office space is forecasted by 2020. · Housing faces similar obstacles as does office development in that land values, driven by the predominant retail/service sector, are generally too high for stand- Memo to FEDRAC September 26, 2002 Page 2 of 2 alone housing developments in the City Center. Nevertheless, there will be continued demand for housing throughout the City during the next 20 years and some of that housing will very likely be developed within the City Center. The consultants offered a forecast of up to 600 additional housing units (most likely in mixed-use developments) in the City Center by 2020. · The lodging sector will continue to see an oversupply for the next several years, with demand outstripping forecasted supply only around 2010. After that time, Federal Way may see additional lodging development, especially given its central and accessible location, synergy with existing lodging facilities, and amateur sports-driven lodging demand. No specific number of hotel units was forecasted. · Additionally, it should be noted that within each of the above-cited sectors, the market study includes a more detailed forecast break-down for 2005, 2010, 2015, as well as 2020. · Lastly, the consultants stated in their presentation on 9/16/02 that the City should not be discouraged that their market-based conclusions fall short of our Comprehensive Plan's more aggressive vision for the City Center. In fact, it was stated that it is appropriate for a City to have a vision that reaches farther than what the unassisted market forces might naturally bring. The discrepancy simply points out where the City might need to provide more incentives or regulatory tools in order to achieve the desired level of redevelopment. SEPA Planned Action In 2000 the City Council approved the funding for the planning and environmental work associated with a SEPA Planned Action for the City Center. The City Center market study was undertaken as a means of assisting the City in determining what level of development should be planned for in the SEPA Planned Action. Now that the market study has been completed and presented to the Land Use and Transportation Committee, we may begin the scoping process for the proposed SEPA Planned Action. Several important decisions need to be made regarding the SEPA Planned Action in order to go forward. The following is a discussion of each of three principal areas of concern: 1. What area of the City Center to cover. While the City Center is comprised of both the Core and Frame zoning districts, a Planned Action for the entire City Center may be too massive an undertaking. Staff agrees with a suggestion offered by developer and consultant Darrell Vange at the 8/20/02 City Center Redevelopment Brainstorming Session at the SeaTac Mall; i.e., that the City should focus its efforts in order to optimize its limited time, money and other resources. Consequently, staff recommends that the SEPA Planned Action be focused on the "core" of the City Center Core zone, comprised of the SeaTac Mall site, as well as the two "superblocks" between 320t" and 316th Streets and between Pacific Highway and 23rd Avenue. · How much development and of what .types to cover. This will take more analysis, but in general, staff recommends that the plan for development exceed what the Memo to FEDRAC September 26, 2002 Page 3 of 3 market might naturally bring without incentives or regulations. Depending on the timeframe chosen (below), we can consult the individual break-downs of forecasted development per sector in the market study, and decide how much further we would like to plan for. Staff recommends that one or two working sessions with area stakeholders be held to arrive at the scope of the planned action, both in quantity of development, as well as type of development. Regarding type of development, the planned action should include a full range of acceptable and appropriate development types, sizes and configurations to ensure flexibility. However, it should explicitly be crafted to apply only to planned-for development. That is to say, if the City envisions, say, mixed-use, multi-story or multi-use developments, then we would not offer the benefit of the planned action process to a one-story commercial strip center, for example. These (and/or other) uses would continue to be allowable and there would be no obstacle to them, but they should not be offered the "incentive" contemplated by the Planned Action. · What time frame to cover. The only serious issue to consider regarding the desired time frame relates to the EIS. The longer the time frame of the environmental disclosure and identification mitigation measures, the more work (and money) involved in preparing the document. In addition, the modeling and forecasting associated with the traffic analyses and accompanying mitigation measures become more difficult. Staff recommends a time frame on the order of 10 years, with a planned update/remodeling at year 5. This does not mean that the EIS and Planned Action would expire after ten years, but that we would plan and analyze the impacts of a forecasted ten years' amount of redevelopment. If less growth occurs, the Planned Action/EIS would be valid for longer. Conversely, adding to the EIS would not be such a large undertaking as starting anew, but would require some new work at that time. Staff will be discussing the SEPA Planned Action and these issues with LUTC in the next few weeks. Housing Tax Exemption The limited property tax exemption for multifamily housing in the City Cemer is still under consideration by the City Council. Earlier this month, the City Manager and staff concluded efforts conducted over the Summer to meet and discuss the proposal with the other taxing jurisdictions included in this action: Federal Way School District, King County Library and Federal Way Fire District. Key among these constituents' concerns was the potential demand for service during the period when the property would yield less tax revenue. Pursuant to staff research, two key discoveries were made: 1. Related to School District demands. Staff foand that school-age children comprise on average only five percent of residents in new city-center multifamily buildings in other suburban downtowns (Renton, Bellevue), compared with much Memo to FEDRAC September 26, 2002 Page 4 of 4 higher percentages from older multifamily buildings in the neighborhoods. As a result, even with a partial tax exemption during the initial 10-year period, city center mixed-use/multifamily buildings would likely yield tax revenues per studem of up to 20% greater than the per-student tax revenue resulting from older multifamily buildings in the neighborhoods. This is due to the substantially lower student-per-unit ratio in these potential city center buildings and the tax revenues coming in associated with the higher land values and value of the first-floor commercial space in mixed-use buildings. 2. Related to Fire District demands. Staff interviewed Fire Department personnel from Renton and Bellevue to ascertain the level of demand for service for newer (under 10 years old) mixed-use and multifamily buildings in urban centers. Both empirical and anecdotal information yielded the conclusion that demand for fire and emergency medical services was noticeably lower for market-rate multifamily buildings in urban centers during the first ten years than for older buildings in the neighborhoods. These observations corroborate the premise that these new buildings, with higher rents and in more urbanized locations, draw more stable tenants, willing to pay top-of-the-market rents, such as young professionals/couples or recent retirees - populations less prone to fire or medical emergency situations otherwise more frequently seen among lower-income populations or households with children, such as smoking- or space heater-related fires or medical- or accident-related emergencies associated with children. What's more, these new buildings are of new construction with generally state-of- of-the-art wiring, plumbing, fire detection/suppression equipment, etc. In addition, input from area developers has been positive. Two developers remarked that the yearly savings (on the order of $70,000/year for a $7,000,000 project) constitute about 10% ora developer's desired yearly operating income of about $700,000 - a substantial incentive. In light of the above-cited city center market study conclusions that, given higher land costs, potential need for structured parking, and lower average rents, multifamily housing will be slow to come to the city center, incentives such as this will be needed to attract this type of development. Not to be ignored is also the fact that many of the surrounding communities have already enacted this provision (e.g., Tacoma, Kent, Renton, Seattle), and Federal Way should do what it can to remain competitive in the region. Failing to enact this provision may send a tacit message to the development community that this city is not interested in redevelopment - clearly not the position the City has taken. To conclude, staff believes the benefits of the housing tax exemption proposal substantially outweigh any perceived costs. The tax exemption proposal is slated to be brought back to the City Council for consideration this Fall, and staff will offer further detailed support for its approval at that time. Because the November 6, 2001 public hearing regarding designation of the "residential targeted area," pursuant to RCW requirements, did not include sufficient public notice, the City Council must hold another Memo to FEDRAC September 26, 2002 Page 5 of 5 such hearing. However, after closing this additional hearing, the "residential targeted area" may be designated and the code provisions may be approved at that very same Council meeting, if the Council so wishes. Modify Infrastructure Requirements/Build Infrastructure Improvements As evinced from developers' comments over recent years, as well as mentioned at the 8/20/02 SeaTac Mall/City Center Redevelopment Brainstorming Session, fight-of-way improvements can be a substantial burden for developers, especially in Federal Way's City Center, where new "grid streets" are required. Two approaches to reduce this burden were discussed: 1. Modif~ Infrastructure Requirements. Under this approach, City staff (Public Works and Community Development) could do a more detailed study of the relationship between the codified right-of-way (ROW) improvement standards and every proposed grid street or other proposed ROW improvement, with the intent of finding any potential locations where the improvement standards can be lessened throughout the City Center for these proposed grid streets. Examples might be narrower overall ROW width, narrower roadway width, etc. Similarly, study could be made of the need for two-thirds ROW improvement when only one abutting property owner is making the improvement. This requirement shifts more burden on the one abutting property owner, with no certainty about late- comer's reimbursement. Or if, the full two-thirds improvement is truly necessary for circulation purposes, perhaps the City could fund the difference between the abutting property owner's half-ROW obligation and the two-thirds improvement (see below). Staff recommends that further study be made of the potential for any modification to ROW improvement standards that could lessen this burden to developers, while still maintaining necessary ROW functionality. 2. City Build/Fund Infrastructure Improvements. Recognizing that incentives may be necessary to attract desired redevelopment, the City may find it beneficial to fund or contribute to the funding of selected ROW improvements. (See comments under Community Renewal Act for related discussion and additional funding options.) Two general approaches could be considered: · Identify a focused redevelopment area and fund/partially fund key ROW improvements and/or missing links in that area as incentive to redevelopment; or Offer potential funding/partial funding of ROW improvements associated with preidentified, desired redevelopment (especially in conjunction with community renewal plan, discussed below under Community Renewal ~cO. Memo to FEDRAC September 26, 2002 Page 6 of 6 Staff recommends further study of these options, particularly associated with any potential work to implement a community renewal plan. Participate in Public Parking Garage Given that the supply of parking might become a serious obstacle to desired redevelopment of the Mall site (or likely other sites, as well), the requirement for some amount of structured parking will likely present itself. Parking structures, however, are expensive, with current cost estimates running on the order of $12-15,000 per parking stall. Most developers in the Federal Way market would shy away from redevelopment schemes that include the cost burden of a substantial amount of structured parking. Conversely, assisting in the financing of a parking garage has been characterized as the single best way of capacitating desired redevelopment of key sims, such as the SeaTac Mall. The City's participation in such an endeavor would necessarily have to result in public benefit and usage of at least a proportionate share of the parking spaces. But, given that most, if not all, users of such a facility would likely be visiting the associated redevelopment site, this should not be perceived as an obstacle by an associated developer. One interesting approach has been used in the City of Santa Monica. That City has financed and constructed public parking garages throughout its downtown and then exac!ed reimbursement on a per-stall basis from developers according to their parking reqmrements and/or demand. This is feasible because on-site parking is not allowed in downtown Santa Moulca, so the parking garages essentially become the off-site parking supply for individual establishments' throughout the downtown. A variation on this approach could be considered for Federal Way, wherein developers of future projects could "buy" use of parking spaces from the City within any publicly funded parking facility to capture all or part of their parking requirement/demand. A developer could be offered two options: 1) to buy the corresponding parking stalls for their sole use at full market-rate based on construction/management costs, or 2) to "buy" use rights to these spaces that also be available for general public parking in a shared-use arrangement for somewhat less than full market rate. Again, especially for a developer facing the prospect of constructing a parking structure in certain development scenarios, an alternative such as this could soften the blow of the costs of structured parking. There are essentially two approaches related to this redevelopment tool: 1) the City could build a parking garage to serve (a) key redevelopment site(s) with or without partial reimbursement as redevelopment occurs, or 2) the City, after careful legal analysis, may be able to offer financing/partial financing of a parking facility as a companion to targeted redevelopment projects, pursuant to a community renewal plan and/or SEPA Planned Action. Memo to FEDRAC September 26, 2002 Page 7 of 7 Staff recommends that both of these approaches be studied further, including potential funding plans and implementation strategies, to be brought back to FEDRAC for discussion and potential action. Community Renewal Plan Pursuant to RCW 35.81 (Community Renewal Act), a municipality may create a community renewal plan for areas it designated as "blighted." Many criteria are listed as qualifying for "blighted," including "inappropriate uses of land or buildings," "defective or inadequate street layout," and "faulty lot layout in relation to size, adequacy, accessibility or usefulness." These three criteria seem particularly pertinent. With a Comprehensive Plan vision of a multi-use city center containing mid- and high- rise, mixed-use buildings housing commercial, residential and public/institutional uses, the current City Center land use pattern may somewhat easily been deemed "inappropriate." Approximately two-thirds of the land area is consumed by parking lots, and most of the remaining land dedicated to single-use, one-story buildings. In addition, there are substantial vacancies within the core of the City Center. Therefore, it seems quite feasible that the City could conclude that at least the core of the City Center Core zone (between 316th to 324th Streets and 23rd Ave and Pacific Highway) exhibits "inappropriate uses of land or buildings" vis-fi-vis our Comprehensive Plan vision. Similarly, this same area exhibits a pattern of very large superblocks and correspondingly large land parcels. While some communities may face hurdles in achieving desired redevelopment due to multiple property ownership of many small parcels, another hurdle can be excessively large parcels that can be difficult to sell to developers interested in smaller projects or who cannot finance the purchase of very large sites. For this reason, it may be possible to conclude that the City Center also exhibits "faulty lot layout in relation to size, adequacy, accessibility or usefulness." Lastly, as detailed in the Comprehensive Plan, the City Center lacks sufficient improved roadways to alleviate traffic congestion, improve accessibility and visibility to abutting property and commercial establishments, and break down the superblocks to create a more pedestrian-friendly walking environment. It is for this reason that the Comprehensive Plan includes a layout of the potential future "grid" streets. Consequently, it is quite reasonable for the City to conclude that the City Center exhibits "defective or inadequate street layout." In short, although further study and consideration of these provisions are necessary, staff believes that at least the above-described core of the City Center Core zone may meet the definition of "blighted area," pursuant to the Community Renewal Act and should be considered for a community renewal plan. A community renewal plan, including public input and involvement pursuant to the RCW, would be a natural outgrowth of our Comprehensive Plan vision and could go Memo to FEDRAC September 26, 2002 Page 8 of 8 hand-in-hand with the planning efforts associated with the above-mentioned SEPA Planned Action. Once the coinmurdty renewal plan is approved, the City may consider participating financially in improvements or projects that fulfill that plan. These projects can range from the above-cited ROW improvements or participation in a parking structure to direct financial participation or loans to projects to "develop, expand, or retain land uses that contribute to the success of the...plan," and "to provide incentives to property owners and tenants to encourage them to locate in the community renewal area." The Act calls out a preference for projects that "will create or retain jobs, a substantial portion of which, as determined by the municipality, shall be for persons of low income." Given that the main economic engine of Federal Way's City Center are retail and service establishments, and future redevelopment projects will likely continue to build upon this sector, it is probable that most new jobs associated with redevelopment projects in the City Center may continue to be in the retail/service sector and would, therefore, meet this criterion. Lastly, a particularly attractive component of the Community Renewal Act is that it includes a form of tax-increment financing for the community renewal area that includes both property and sales tax. In short, this mechanism directs any increment in tax revenues over the baseline year to a fund to pay back the City for any expenditures made pursuant to the plan. The inclusion of sales tax revenue is particularly helpful, given that so much of the City Center is retail/service based and generates a great deal of sales tax. In addition, sales tax revenues are not capped, as property tax revenues have been by recent initiatives. It should be noted that the Act allows for only the City portion to be captured unless other jurisdictions agree to participate with their corresponding portions, but this is still an important potential source of funds to help offset any expenditures the City may make in its endeavors to attract or accompany desired redevelopment. It should be noted that certain provisions of the Community Renewal Act deal with issues that previously have raised concerns over limitations imposed by our State Constitution. Use of these provisions would require careful legal analysis. Therefore, staff recommends that the City continue to explore the legal ramifications of using this key redevelopment tool and, barfing serious legal obstacles, proceed with a community plan in tandem with the planning efforts associated with the SEPA Planned Action. Once the plan is done, the City Council can then decide whether to adopt the plan pursuant to the Community Renewal Act. COMMITTEE ACTION: Staff recommends that the Committee: Memo to FEDRAC September 26, 2002 Page 9 of 9 1. Forward to LUTC it support for focusing the SEPA Planned Action for the City Center Core on the area described by South 316th and 324th Streets and Pacific Highway South and 23ra Avenue South. 2. Forward the Housing Tax Exemption proposal back to City Council for a public heating on the "residential targeted area," as required by RCW, followed by action on the designation of the "residential targeted area" and action on the corresponding code amendments. 3. Direct City staff to conduct further of the potential for any modification to ROW improvement standards within City Center Core, or specific areas therein, that could lessen this burden to developers, while still maintaining necessary ROW functionality. 4. Direct City staff to identify key ROW improvements and/or missing links as potential incentives to redevelopment and conduct further study of the potential for funding/partially funding these improvements. 5. Direct City staffto study further the two approaches discussed above for potentially funding or partially funding a public parking garage in the City Center, including potential funding plans and implementation strategies, to be brought back to FEDRAC for discussion and potential action. 6. Direct staff to continue to study the potential for and legal ramifications of implementing a Community Renewal Plan and, barring serious legal obstacles, proceed with a such a plan in tandem with the planning efforts associated with the SEPA Planned Action. APPROVAL BY COMMITTEE: Committee Chair Con-anittee Member Committee Member CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Solid Waste and Recycling Division 2003 Grant Approvals CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE ~ Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING I Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER ~ Contingency Req'd: $ ATTACHMENTS: Memorandum and Resolution to Finance, Economic Development and Regional Affairs Committee dated September 24, 2002. SUMMARY/BACKGROUND: Approximately $93,155 in new grant funding is available in 2003 to provide waste reduction and recycling programs for area residents and businesses. The Waste Reduction/Recycling (WRR) grant provides $68,204 and the Local Hazardous Waste Management Program (LHWMP) Grant provides $24,951. Neither of these grants have a match requirement. Staff is now preparing applications and scopes of work in order to obtain these additional grant funds for 2003. This memorandum and its attachments summarize the grant projects. The Division's 2002/2003 grants are consistent with grants from prior years. By adopting the 2002 grant requests in March 2002, the City Council approved the scope of work for the 2002/2003 Coordinated Prevention Grant (CPG) and the 2002/2003 Waste Reduction/Recycling (WRR) Grant. The City Council also approved the funding for the 2002/2003 CPG two-year cycle. The Waste Reduction/Recycling (WRR) grant administered by King County will enter the second year of its two- year cycle in 2003. Funding for 2003 is contingent upon the 2003 budget adoption process by the County Council. The City Council is requested to approve this 2003 funding ($68,204). The Local Hazardous Waste Management Program (LHWMP) Grant is on a single-year cycle - though its proposed scope of work for 2003 is very similar to the 2002 cycle. The City Council is requested to approve the LHWMP scope of work and funding ($24,951) for 2003. Funding tbr 2003 is also contingent upon 2003 budgetary approval process by the LHWMP's administration. CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 24, 2002 meeting, the Finance, Economic Development and Regional Affairs Committee recommended approval of the 2003 Solid Waste and Recycling Division grant applications and programs, and adoption of a resolution that would formally approve the grant projects, accept the funds, and authorize the City to enter into agreements with grant agencies and vendors. PROPOSED MOTION: "1 move approval of the 2003 Solid Waste and Recycling Division grant applications and programs, and adoption of a resolution that would formally approve the grant projects, accept the funds, and authorize the City to enter into agreements with grant agencies and vendors." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED 05/10/2001 k:\council~agdbills~swr 2003 grant approvals doe CITY OF FEDERAL WAY MEMORANDUM Date: September 24, 2002 To: Michael Hellickson, Chair Finance, Econom~el~pment and Regional Affairs Committee Via: David H. MosC'q~y,~/J~ ~aheager From: Rob Van Orsow, Solid Waste and Recycling Coordinator Subject: Solid Waste and Recycling Division 2003 Grant Approvals BACKGROUND: Approximately $93,155 in new grant funding is available in 2003 to provide waste reduction and recycling programs for area residents and businesses. The Waste Reduction/Recycling (WRR) grant provides $68,204 and the Local Hazardous Waste Management Program (LHWMP) Grant provides $24,951. Neither of these grants have a match requirement. Staff is now preparing applications and scopes of work in order to obtain these additional grant funds for 2003. This memorandum and its attachments summarize the grant projects. Attachment 1 to this memorandum provides highlights of the Division's grants, including programs related to the current 2002/2003 Coordinated Prevention Grant (CPG). Attachment 2 reports on related grant-funded programs serving the Federal Way Community in 2002. A draft resolution is also attached that would formally approve the grant projects accept the funds and provide authority to enter into agreements with grant agencies and vendors. DISCUSSION: The Division's 2002/2003 grants are consistent with grants from prior years. By adopting the 2002 grant requests in March 2002, the City Council approved the scope of work for the 2002/2003 Coordinated Prevention Grant (CPG) and the 2002/2003 Waste Reduction/Recycling (WRR) Grant. The City Council also approved the funding for the 2002/2003 CPG two-year cycle. The Waste Reduction/Recycling (WRR) grant administered by King County will enter the second year of its two-year cycle in 2003. Funding for 2003 is contingent upon the 2003 budget adoption process by the County Council. The City Council is requested to approve this 2003 funding ($68,204). The Local Hazardous Waste Management Program (LHWMP) Grant is on a single-year cycle - though its proposed scope of work for 2003 is very similar to the 2002 cycle. The City Council is requested to approve the LHWMP scope of work and funding ($24,951) for 2003. Funding for 2003 is also contingent upon 2003 budgetary approval process by the LHWMP's administration. COMMITTEE ACTION: The Committee is requested to approve the 2003 Solid Waste and Recycling Division grant applications and programs and forward a resolution to the October 15, 2002 City Council consent agenda that would formally approve the grant projects, accept the funds and authorize the City to enter into agreements with grant agencies and vendors. APPROVAL BY ~----~L~l~ittee Chair - ommittee' Member t'Com~itte~e ~Vlembe~-' k:\fedc~2002~2003 sw&r grants doc Attachment 1 2002/2003 SOLID WASTE AND RECYCLING GRANT APPLICATIONS AND PROJECTS 1. 2002-2003 Department of Ecology Coordinated Prevention Grant (CPG) The 2002-2003 grant focuses on four projects: Litter and Recycling Collection in Public Places, Pilot At-Home Collection of Household Hazardous Waste and Waste Latex Paint Disposal, Waste Reduction and Recycling (WR/R) Options Promotion, and Expansion of Organics Waste Collection from commemial sources. This grant totals $96,602 over two years, and provides 75% funding, with a 25% match requirement. The King County WK/R grant and the Local Hazardous Waste Management Program (LHWMP) grant will provide the matching funds. 2. 2002-2003 King County Waste Reduction and Recycling, (WR/R) Program Grant The 2002-2003 King County Waste Reduction and Recycling (WR/R) grant encompasses three separate components, which were formally covered by separate contracts: Waste Reduction and Recycling projects, Business Recycling outreach, and Special Recycling Events. King County has approved the 2002 funding for this grant, while the 2003 funding will be considered during the County's 2003 budget process. This arrangement allows for amendments ora single contract during the two-year cycle, rather than development of several new contracts annually. Both the CPG and WR/R grants are now on the same two-year cycle. Waste Reduction and Recycling Grant funds total $68,204 for 2003 to support the following seven separate projects: (1) Litter and Recycling Collection in Public Places. (2) Support of the regional yard waste reduction outreach program (now called "Northwest Natural Yard Days"). Federal Way lawn and garden retailers will again be encouraged to participate in this year's program, focusing on the discounted sale of electric mulching mowers and promotion of "natural lawn care" and other ecologically-sound garden maintenance methods. (3) Support of Waste Reduction and Recycling Options promotion, which includes production of the City's annual "Recycling Options" flyer. (4) Participation in a regional Home Compost Bin Distribution event, to be targeted to South King County residents. (5) Expansion of Organics Waste Collection from commercial sources. (6) The Business Recycling Program component will focus on waste reduction and recycling outreach to businesses through "on-request" assistance and targeted programs, such as ongoing expansion of recycling services at SeaTac Mall. (7) The Special Recycling Collection Event component will entail operating two special recycling collection events in Federal Way during 2003 (spring and fall). These events provide residents with a convenient method to recycle a wide variety of materials that are not normally collected at curbside. 3. 2003 Local Hazardous Waste Management Program (LHWMP} Grant The Seattle-King County Department of Public Health 2003 Local Hazardous Waste Management Program (LHWMP) grant allocates $18,951 for 2003 only with no match requirement. This grant will primarily supplement funding for operating two Special Recycling Events, as well as, providing match funding for the Pilot At-Home Collection of Household Hazardous Waste project and Waste Latex Paint Disposal project. The LHWMP allots an additional $6,000 in grant funding to cover costs (stafftime, parking, training, etc.) of City of Federal Way staff participation as Suburban City representative to the LHWMP Household Hazardous Waste Education Subcommittee during 2003. C3 Attachment 2 2002 Solid Waste and Recycling Division Grant Project Updates Litter and Recycling Collection in Public Places Recycling containers have been ordered for placement in the Fleet Street Food Court in cooperation with the management and maintenance at SeaTac Mall. The containers should be in place by October 2002. Staff is still exploring options for adding containers in the fight-of-way for areas downtown. Regional Yard Debris Reduction Outreach Program (a.k.a. "Northwest Natural Yard Days") The 2002 program occurred during the month of April with a month-long promotion of sale items available at three local lawn and garden stores (Lowe's, Home Depot, and Oriental Lawn and Garden Center). Discounts were provided on related merchandise such as electric mulching mowers, non-chemical pesticides and fertilizers, manual weed pullers, and other garden supplies. Waste Reduction and Recycling Options Promotion The City produced a direct mail piece that was sent to over 14,000 multi-family residents in April. This flyer promotes recycling and hazardous waste disposal options and highlights the availability of the expanded recycling services available starting in 2002 per the new franchise agreement with Waste Management, Inc. The annual Single-Family Recycling Options brochure is now being developed and is slated for distribution in November 2002. This brochure will provide details on waste disposal options, and the winter schedule for yard waste collection. Multi-Family Recycling Program Promotion In addition to the multi-family recycling options brochure mentioned above, other activities linked with the rollout of the multi-family recycling program expansion are starting to bear fruit. Over the past nine months, all Federal Way complexes have been contacted about the availability of the new "two-sort" recycling service, akin to the residential curbside program (all paper plus all containers). Complexes making the switch to the new service receive several forms of assistance, including delivery and distribution of announcement flyers, assistance with translations, delivery and distribution of in-unit recycling containers (reusable blue bags one for paper and one for containers), and posting instructive signs nearby collection stations. Complexes then receive the sets of recycling carts from Waste Management. The following is a summary of 2002 activity to date: Complexes have declined adding the recycling program 6 Former "commingled" recycling complexes accounts have changed to the new "two-sort" system, including receipffdistribution of interior 12 recycling containers, flyers, signs and recycling carts New Recycling Accounts (representing 1~933 residences) have been implemented during this period, including distribution of interior 16 recycling containers, flyers, signs, and recycling carts. Accounts currently pending implementation (one existing "commingled" recycling and one without) 2 Grand total of residences that have received promotional materials, flyers, signs, interior containers, and carts since January 4,000 Staff continues to provide outreach to multi-family complexes and dozens of other complexes will be contacted in the coming months. Steady activity on this project is anticipated through mid-2003. Regional Home Compost Bin Distribution The City of Federal Way teamed up with King County Solid Waste Division and the City of Auburn for the 2002 Compost Bin Sale (dubbed 'The Great Backyard Compost Bin Sale'). The event featured a South King County sale held at the Supermall on May 4, 2002. The event was promoted to Federal Way residents via direct mail to select postal routes. Compost bins are still available for purchase at discount prices through the end of 2002 via an internet sales link. City of Federal Way residents may also purchase compost bins at a discount price directly from the vendor from inventory remaining from the 2001 sales event hosted by the City. Expansion of Organics Waste Collection from Commercial Sources Haulers and compost processors are now being contacted about thc potential for set, lng up collection routes for pre-consumer organics, such as vegetable scrap wastes at grocers (i.e., materials that go beyond thc traditional '~yard debris"). Since this material requires special handling at compost processors it requires a higher tipping fcc. An analysis is being conducted to determine if collection costs and tipping fccs can be lower than standard garbage collection costs, creating enough incentive to spur diversion of this material. If this is the case, suitable businesses will be actively recruited and incentives (such as containers, signage, training and/or pilot period collection-cost offsets) will be explored. This prOject is intended to extend through 2003. Business Recycling Pro,ram This effort focuses on waste reduction and recycling outreach to businesses through "on-request" assistance and targeted programs, such as ongoing expansion of recycling services at SeaTac Mall. A regular advertisement in the Federal Way Chamber of Commerce newsletter is being produced to educate businesses about special disposal issues (electronics waste, fluorescent tubes, etc.) and to encourage businesses to contact the program for assistance. Special Recycling Collection Events The spring event was held on April 27th and the fall event is slated for September 28th. Some variation being introduced for the fall event include a new venue (21st Avenue SW Park & Ride) and collecting used TV's (for a fee to cover the cost of proper recycling). Computer monitors will be collected at this event at no charge to the public, as the cost of responsible recycling continues to be offset by grant ftmds. Regional and national efforts are now underway to spur "product stewardship" of electronic wastes - coordinated between manufacturers, recyclers and the public sector - and the dynamics of these efforts may impact the types and methods for handling electronics at future recycling events. All the same, these recycling events continue to provide residents with a convenient method to recycle a wide variety of materials that are not normally collected at their curbside, or at area recycling drop-off facilities. 'At-Home' Household Hazardous Waste Collection - Pilot Proieet Not all is positive when it comes to progress on grant projects. As a case in point, progress on this pilot project in 2002 has been stymied. After barely initiating project operations at the end of 2001, the Health Department expressed concern about these activities and required operations to cease, pending issuance of a permit pursuant to the Board of Health Code ("King County Solid Waste Regulations"). Since that time, the subcontractor originally intended to provide actual on-site operations has terminated its relationship with the primary contractor (Curbside Inc.) who is now exploring options with another local subcontractor. The permit has not been issued to date, precipitated by a general misunderstanding of the pilot project's objectives and procedures, coupled with the apparent reluctance of Health Department staff to take action, along with lack of effort on the part of the primary contractor. With this in mind, staff proposes to target grant funding for this pilot project for one more year (2003) and if substantial progress is not made, then reallocate the funding resources to more productive areas. On a more positive note, the LHWMP is changing its attitude about provision of LHWMP funding to suburban cities. The LHWMP's Program Administrator recently asserted that these are not "grant" funds at all, rather they should be termed "program funding" rightfully belonging to the cities. In this scenario, the LHWMP should provide the funding as efficiently as possible. In the past, the cities have generally been treated as grant "applicants" with our projects requiring more formal agreements (with detailed applications and required reporting) than those of the LHWMP's other "partners" (City of Seattle, King County Solid Waste, King County Water and Land Resources, and the Health Department). Staff is supportive of this refreshing change in attitude. Meanwhile, the mechanism for transfen-ing the LHWMP funding (via an interlocal agreement) is being revised. The likelihood that unspent funding can be "carried-forward" for use on future projects also looks promising. RESOLUTION NO. ~4~y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING ACCEPTANCE OF MONIES AND DIRECTING EXECUTION OF AGREEMENTS TO ACCEPT FUNDS FROM VARIOUS STATE AND COUNTY SOURCES FOR ESTABLISHING PROJECTS WITHIN THE SOLID WASTE AND RECYCLING FUND. WHEREAS, cities are charged with providing and maintaining public projects necessary to maintain and improve the public health, safety and welfare; and WHEREAS, the financial resoumes of cities to provide these necessary service and improvements are limited; and WHEREAS, various state and county sources have special funds available to supplement city projects, which are awarded on a population allocation and project specific basis; and WHEREAS, the City staffhas pursued obtaining these funds in order to maximize the local public benefits of these funds; and WHEREAS, the grants identified herein will net the City of Federal Way a total of One- Hundred Eighty-Nine Thousand Seven Hundred Fifty-Seven and No/100 Dollars ($189,757.00); and WHEREAS, the City commits to accountability by measuring and quantifying the results of the funded programs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Agreements Authorized. For all projects identified in Column 1 of Exhibit A, attached hereto and incorporated herein by this reference, the City Manager or his designated representative is authorized and directed to develop scopes of work and execute such agreements with the agencies ~s.# ~,P~el identified in Column 2 of Exhibit A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. Section 2. Receipt of Funds Authorized. The City Manager or his or her designee is hereby authorized to receive the grant monies identified in Column 3 of Exhibit A attached hereto. Section 3. Creation of Solid Waste Proiect Grant Funds Authorized. At the time of execution of each agreement and acceptance of the grant funds specific to that agreement, separate projects shall be established within the Solid Waste and Recycling Fund, into which monies specific to that grant project shall be deposited. Section 4. Manager Shall Administer Funds. The City Manager or his or her designated representative shall have responsibility for the administration of the grant monies received, and award of grant projects to qualified vendors and contractors. Section 5. Identification of Source Funds. The approximate amounts and anticipated sources of revenue for the grant fund projects are identified in Exhibit A attached hereto. Section 6. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY 7ldE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of _, 2002. Res. # j Page 2 CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: PATRICIA A. RICHARDSON, INTERIM CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\coun¢il\agdbills~2002\swr 2003 grant resolution.doc Res. # , Page 3 MEETING DATE: October 15, 2002 ITEM# ~_[~._~. - CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed 2002-2004 Collective Bargaining Agreement with the Federal Way Police Support Services Association. CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Proposed 2002-2004 Collective Bargaining Agreement with the Federal Way Police Support Services Association. SUMMARY/BACKGROUND: In July 2001, the City and the Federal Way Police Support Services Association ("PSSA") commenced negotiations for a successor collective bargaining agreement because the existing agreement would expire on December 31, 2001. The attached proposed agreement is a culmination of several months of negotiations. The Association members ratified the proposed agreement on October 9, 2002. Council previously authorized a special commission for the Police Support Officers to enforce parking infractions, to investigate major traffic accidents, and to impound abandon vehicles. The added responsibilities enable the Department to place more commissioned officers on the streets. The 1.5% market adjustment in July 2003 and July 2004 for the Police Support Officers reflected was negotiated because of the added responsibilites. In addition, the proposed collective bargaining agreement creates a formalized on call system for Police Suport Officers assigned to special units and extra pay for training. The financial impact of the proposed agreement includes: (1) 3% on call pay for Police Support Officers assigned to major crime scenes and major accident reconstruction; (2) 3% extra duty pay for field training officers while they are training; (3) CALEA accreditation payment of $150 to each officer upon Council's approval of the proposed agreement in recognition of the hard work getting the Department ready for the CALEA assessment and $150 payment to each officer when the Department becomes CALEA accredited; and (4) increase wages 3.5% for 2002, 90% of CPI 2003 and 90% CPI 2004. The City's bargaining team recommends approval of the proposed agreement. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "I move approval of the 2002-2004 Collective Bargaining Agreement between the City of Federal Way and Federal Way Police Support Services Association." CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1sT reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY '~/ AND I o// ' POLICE SUPPORT SERVICES ASSOCIATION PREAMBLE The collective bargaining agreement (the Agreement) herein contains the entire agreement between Federal Way Police Support Services Association (hereinafter called the Association) and the City of Federal Way, Washington (hereinafter known as the City). The purpose of the City and Association in entering into this agreement is to set forth their complete agreement with regard to wages, hours and working conditions for the employees in the bargaining unit. ARTICLE I - RECOGNITION AND BARGAINING UNIT Section 1.1 Recognition of the Unit The City recognizes the Association as the sole and exclusive bargaining representative for the bargaining unit described as all full time and regular part-time special commission and non-commissioned employees of the City of Federal Way Department of Public Safety, excluding supervisors, confidential employees and all other employees. Section 1.2 Bulletin Board The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the notices posted are not inflammatory or otherwise detrimental to the operation of the Department. Section 1.3 Association Officials Release Time A. Time off with pay shall be limited to regular negotiations sessions between the City and the Association negotiating team members during their scheduled duty hours, up to a limit of three members off with pay at a time.["TA 11/20/01] B. The Department shall afford Association representatives a reasonable amount of time while on-duty to consult with appropriate management officials, Association counsel and/or aggrieved employees, provided that the Association representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be Police Support Services Association Ratification August 21,2002 1 conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations, and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. ARTICLE 2 - MEMBERSHIP ,AND DUES DEDUCTION Section 2.1 Dues Deduction The parties agree to the following: 2.1.1 The deduction of monthly dues uniformly levied by the Association for those employees who elect to become members of the Association and who request in writing to have their regular monthly Association dues deduction checked off on the basis of individually signed voluntary check-off authorization cards; 2.1.2. All employees who elect not to become members of the Association shall, in lieu of Association membership, as a condition of employment, pay to the Association a regular monthly service fee equal to the Association dues schedule in effect for that employee as a monthly contribution towards the administration of this agreement. Such fees shall not exceed the maximum agency fee allowed by law. Employees failing to honor their union security obligations shall be discharged after thirty (30) days written notice, at the request of the Association; [TA 3112102] 2.1.3 Each month, the City shall remit to the Association, all dues deducted together with a list of employees and the amount deducted from each employee. The City agrees to notify the Association of new employees within thirty (30) calendar days of the date of hire. 2.1.4 Hold Harmless. The Association agrees to defend, indemnify and hold the City, its officers, directors, employees and agents harmless from any and all claims, demands, actions, and liabilities (including attorney's fees) arising from resulting from or connected with the City's compliance with this Article. [TA 3/12~02] ARTICLE 3 - EMPLOYMENT PRACTICES Section 3.1 Seniority Definition For purposes of shift bidding, vacation bids, and layoff and recall, seniority shall be defined as the employee's length of continuous service within their classification. For all other purposes, seniority shall be defined as the employee's length of continuous Police Support Services Association Ratification August 21,2002 2 service with the City's police department. Seniority shall be broken by resignation, termination for cause, layoff without recall for a period of 12 consecutive months, illness, injury or other leave of twelve (12) consecutive months. Section $.2 Layoff Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of employees in this unit, the following basic provisions will apply: A. Order of layoff shall be determined by job classification. Regular employees will be retained on the basis of job performance. Relative job performance will be determined based upon relative qualifications, experience, and job performance evaluations. If job performance is equal, seniority in the classification will be the determinative factor. B. Employees affected by the reduction in force shall receive thirty (30) calendar days notice of such layoff, or pay in lieu thereof. Section 3.3 Establishment of Reinstatement Re.qister A. The names of employees who have been laid off shall be placed upon a reinstatement register for the same classification from which laid off. This reinstatement register shall be in effect for one (1) year from the date of layoff, and shall take priority over other hiring or promotional lists. B. Refusal to accept a recall from the reinstatement register for employee's former classification shall terminate all rights granted under this Agreement, and the employee shall be removed from the register. C. Order of Reinstatement - If a vacancy is to be filled from the reinstatement register, recall shall be made on the basis of length of service within the classification. The regular employee on such register who has the most service credit shall be first reinstated. Section 3.4 Employment Status When Reinstated In the event a employee leaves the service of the City due to a reduction in force and within the next year the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the salary range which the employee occupied at the time of the reduction. Police Support Services Association Ratification August 21,2002 3 Section 3.5 Non discrimination It is agreed that the City will not discriminate on the basis of age, sex, marital status, race, creed, color, religion, national origin, ancestry, disability or activity protected by RCW 41.56. Section 3.6 Personnel Files All personnel records are maintained in compliance with the laws related to public records. Each employee is entitled to review and have photocopied his or her personnel file and/or police department personnel file. An employee shall have an opportunity to submit a letter to the file, responding to or supplementing information contained in his or her file. Upon receiving a request for all or par[ of a personnel file, the affected employee shall be notified of the request, and the information shall not be released for a period of three (3) business days from the time of said notification, except upon service of a court order or subpoena properly recorded and signed by a judge or magistrate demanding immediate release. Section 3.7 Employment References Unless otherwise required by a valid court order or by law, at the written request of the subject employee, or whenever the employee provides a written release to the prospective employer, the City will furnish prospective employers with only the following information about past or present employees to persons outside the City of Federal Way: Dates of employment. Current job title or job title at the date of separation. Verification of salary information. A copy of all requests for any information regarding past or present City employees shall be sent to Human Resources. ARTICLE 4 - HOURS OF WORK AND OVERTIME Section 4.1 Hours of Work The normal work schedule for employees covered by this agreement shall not exceed 40 hours of work in a seven (7) consecutive day period. The work week will commence at the beginning of day shift on Sunday and end with completion of Saturday night's graveyard shift. Where reasonably possible, the employee's work schedule shall be posted at least thirty (30) days prior to the beginning of the applicable work period. Police Support Services Association Ratification August 21,2002 4 The normal work schedule for all employees covered by this Agreement shall be designed with a minimum of a 30 minute (maximum 60 minute) non-paid lunch period, except that uniformed PSOs with assignment to patrol will receive a 30 minute paid lunch. Any employee that has their lunch interrupted, and is unable to work out an alternative time with their supervisor for the lunch break, will receive compensation for the lunch period for that day. The City will work in good faith with the Association and employees to ensure that employees are able to receive their meal period. The work schedule shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided, this work schedule may be altered by mutual agreement between the City, the Association and the employee. [Association Proposal. TA 11/20/01]. Scheduling changes may be made where there is a reasonable operational need. Mutual agreement is required before changes to the length of shift in a classification. Except in emergencies, the employer will provide a minimum of seven (7) days notice before any schedule change. Employees shall receive one and one half the regular rate of pay for all mandatory shift changes with less than seven (7) days notice, through the notice period. The Employer will bargain with the Union before implementing any schedule configuration other than ten hour shift. [TA 11/20/01]. Section 4.2 Overtime A. All overtime shall be compensated at a rate of one and one-half (1.5) times the employee's regular hourly rate. Overtime is defined as hours worked, together with holiday, vacation, sick leave or compensatory time hours, in excess of: 1. the regularly scheduled shift for full time regular employees within a twenty- four (24) hour period OR; 2. over eight (8) hours per day for part time regular employees OR; 3. over forty (40) hours in a seven (7) day week. B. In all cases overtime will be computed to the nearest one-quarter (1/4) hour. C. Overtime and premium pays shall not be duplicated or pyramided. Compensation shall not be paid more than once for the same hours under the provisions of this Agreement. Section 4.3 Comp Time in Lieu of Pay for Overtime Upon receiving concurrence of the City, an employee may elect to receive compensatory time in lieu of overtime pay. Compensatory time is accrued at the rate of one and one-half (1.5) hours for each hour of overtime worked. Compensatory time may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of Police Support Services Association Ratification August 21,2002 5 eighty (80) will be paid as overtime. Upon termination, unused compensatory time will be paid at the current rate on the final paycheck. Section 4.4 Overtime Minimum - Call Back/Court Time Employees "called back" to work (including court appearances on behalf of the City) shall receive a minimum of two (2) hours pay at one and one half time the regular rate for the work for which they were called back. Employees called back may be required to perform other duties for the duration of the minimum guarantee if the duty necessitating the call back does not take the full two hours. Section 4.5 Shift Biddin.q Records specialists and patrol field PSO's shall be allowed to bid for shifts within their respective classifications by seniority. For patrol field PSO's, the bid cycle shall be for a period of twelve months, as determined by the City. For Records, the bid cycle shall be for a period of four months, as determined by the City. The City reserves the right to assign or transfer an employee from one shift to another, where reasonably required by operational considerations. ARTICLE 5 - MANAGEMENT RIGHTS Section 5.1. The Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 5.2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. [TA 11/20/01]. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. Police Suppod Services Association Ratification August 21,2002 6 6. The City has the right to: a. discipline, demote, suspend, and discharge non-probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. to discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge or the reasons therefor. c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. Section 5.3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities, and that are not otherwise explicitly covered by this Agreement. In the event the City desires to make such a change (in a mandatory subject of bargaining) the City shall give the Association at least ten (10) days notice of the desired change. The Association may request bargaining of the issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator and the parties will mediate for a period of thirty (30) days. Ultimately, the City may implement the change, after bargaining in good faith and impasse is reached. Police Support Services Association Ratification August 21, 2002 7 ARTICLE 6 - SICK LEAVE Section 6.1 Accrual and Usa.qe Sick leave shall be accrued by regular, full-time employees at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro-rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week. An employee may accrue up to 720 hours in his or her sick leave account. Sick leave is to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, a spouse's health condition or for a dependent child (including dependent step-child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision as more particularly established in Chapter 296-130 of the WAC). Sick leave may also be used for the care, treatment and preventative health care of the employee and dependents. The parties agree that sick leave should not be abused, and that such abuse is cause for discipline. Section 6.2 Bonus and Cashout Employees who, during the twelve (12) month calendar period, defined as January 1 through December 31, do not use sick leave, will receive eight (8) bonus hours of vacation. Employees hired after January 1 will not be eligible until they have satisfied the above definition of a calendar year. An employee whose only use of sick leave was a donation of accrued sick leave as provided under the City's guidelines for shared leave is eligible to receive the bonus day. ARTICLE 7 - HOLIDAYS Section 7.1. Holidays Observed The following holidays shall be considered as holidays for full time employees: New Years Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteren's Day Thanksgiving Day Day after Thanksgiving Police Support Services Association Ratification August 21,2002 8 Christmas Floating Holidays (1) Section 7.2 The floating holiday will be scheduled like a vacation day, at a mutually agreeable time. Section ?.3 The decision of whether an employee will be required to work on an observed holiday will be made by the City. An employee who is required to work on an observed holiday as set forth above shall receive his/her regular rate of pay for hours worked, except that, an employee who is required to work on either Thanksgiving, Christmas, New Year's Day or an additional day each year to be designated by the City prior to December 1 of the previous year,) shall be paid at time and one half for all hours worked. Section 7.4 Commencing January 1 of each calendar year all employees shall receive a bank of eighty holiday hours (8 hours X 10 holidays). All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his/her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: A. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by his/her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or B. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry-over time to be used by June 30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year, the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried-over under these provisions at the employee's then-current rate of pay. Police Support Services Association Ratification August 21, 2002 9 An employee whose work schedule is other than an eight-hour day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. [TA 3112102]. ARTICLE 8 - EDUCATION ALLOWANCI= Section 8.1 General Policy A. The City recognizes the need to encourage and promote educational opportunities for employees. The City will reimburse personnel for costs incurred in receiving approved education upon satisfactory completion of such education to the extent covered by the City's education reimbursement policy. Eligible costs include: 1. Tuition; and 2. Books. B. If an employee is attending an accredited State institution, the employee shall be reimbursed based upon that institution's tuition schedule. If an employee is attending a non-State supported institution, the employee shall be reimbursed on the basis of the University of Washington tuition schedule. C. Continuing Education Incentive AA- $30.00 per month BA- $60.00 per month [TA 11120101] In order to receive this premium, the degree must be in a field of study related to the employee's assignment, as reasonably determined by the Department. In addition the employee must fulfill a continuing education requirement of at least one Department approved college class per year. The decision of whether to attain this incentive is discretionary with the employee, and all time spent travelling to and attending classes shall be on the employee's own time. The City's education reimbursement program shall apply to the Association, and should the City fail to fund the program, such that the employee can not receive reimbursement for the tuition, the continuing education requirement shall be waived for that year. Police Support Services Association Ratification August 21,2002 10 ARTICLE 9 - VACATION Section 9.1 Vacation Members of the bargaining unit shall receive annual leave benefits as follows: ANNUAL COMPLETION OF: VACATION HOURS: Through end of year 5 96 hours Upon beginning of year 6 120 hours Upon beginning of year 11 144 hours Section 9,2 SchedulinR Annual Leave - Seniority Basis During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be considered dependent upon Department needs on a first, come first served basis. The City shall make the determination of how many employees may be on vacation at any one time. If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 9.3 Payout Upon separation, all vacation hours accrued will be paid at the regular rate of pay. Section 9.4 Maximum Accrual Employees can accrue up to a maximum of 240 hours of vacation. The City will schedule vacations, consistent with Department needs and coverage, so as to maximize the opportunity for employees to utilize vacation so they may comply with the 240 hour maximum accrual limit. While the above maximum is intended to create a use it or lose it vacation benefit, an employee may accrue additional hours in exigent situations when the employee has been unable to use vacation through no fault of his or her own. This can only occur when requested in advance by the employees in writing, and when approval is granted by both the Chief and the City Manager. Police Support Services Association Ratification August 21, 2002 11 ARTICLE 10 - PENSIONS Pensions for employees and contributions to pension funds will be governed by Washington State Statute. ARTICLE 11 - BEREAVEMENT AND OTHER LEAVE~ Section 11.1 BEREAVEMENT. Employees may take up to twenty-four (24) hours of bereavement leave for a death in the employee's immediate family. For purposes of this section immediate family is defined as a spouse, siblings, children, grandparents, grandchildren, in-laws and parents. At it's option, the Employer may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. With advance Department Director approval, up to an additional fifty-six (56) hours of sick leave may be utilized in these situations. With Department Director approval, an employee may use sick leave, not to exceed eight (8) hours, to attend the funeral of close friends or other relatives. Section 11.2 PERSONAL LEAVES A personal leave of absence is a privilege the City may extend to qualified regular full- time and regular part-time employees for specific periods of time under certain circumstances. It allows an employee to take time off from work for personal reasons (see also 11.5 Military Duty). All such leaves are taken without pay. A leave of absence must be requested in writing and submitted to the employee's immediate supervisor and department director for a recommendation as soon as the need for such a leave is known. The department director shall then forward the request to Human Resources for review. Only the City Manager may grant or deny any such personal leave requested. The employee may request or may be required by the City to use accrued vacation or compensatory time to offset loss of pay during the leave. No benefits such as vacation or sick leave are earned while on unpaid leave. Employees on leave may return early from leave if they notify the supervisor in advance. Failure to return from leave on or before the agreed upon date, however, will result in termination. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. An employee normally will be assured of returning to his or her position for a leave of absence of one hundred eighty (180) days or less in duration. Because of staffing requirements, however, it may be necessary to fill the current position for a leave of Police Suppod Services Association Ratification August 21,2002 12 absence in excess of one hundred eighty (180) days. In this event, efforts will be made to place the employee in an available, open, comparable position. During any unpaid leave of one hundred eighty (180) days or less, an employee may continue his or her group insurance coverage by prepaying on a monthly basis the premium plus two percent (2%) during any affected period of the leave. Sick leave accrual shall not be used for non-medical leaves of absence. Section 11.3 LEAVE OF ABSENCE - MEDICAL - NON-FMLA Medical leaves of absence may be granted for regular full-time and regular part-time employees who are unable to perform their job duties due to an illness or an accident and who are ineligible for or have exhausted FMLA leave. This medical leave of absence requires a doctor's certification and cannot exceed one hundred eight (180) days total, including any FMLA leave. During medical leave, the employee may receive previously earned sick pay and earned but unused vacation benefits. A written request for a medical leave of absence must be returned to the department director along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. A medical leave of absence may be extended, upon a written request, accompanied by an explanation from the employee's doctor of the need for an extension period. Even with an extension, however, a medical leave cannot exceed one hundred eighty (180) days total, including FMLA leave. Employees returning from a medical leave of absence must provide a doctor's written certification of their ability to return to work. The City reserves the right to require an examination by a doctor of the City's choice. Employees returning from a medical leave of one hundred eight (180) days or less return to the same position or a similar position of like pay or status, provided however, that the employee remains subject to legitimate job changes or layoffs that would have occurred even if they had not been on leave. During the paid medical leave of absence, the City will pay its portion of the employee's group insurance premiums for up to six (6) months total, including during FMLA leave. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. Section 11.4 SHARED LEAVE The City's currently existing shared leave policy will be available for the duration of this Agreement Police Support Services Association Ratification August 21,2002 13 Section 11.5 MILITARY LEAVE Any employee who is a member of the Washington National Guard or a federal military unit is entitled to leave from his or her duties as provided for by law, and shall be paid as required by law. An employee shall provide the City with notice of the leave as soon as the employee learns of the assignment, and shall furnish the City with a copy of his/her orders. A military leave shall be limited to the time of the military assignment. ARTICLE 12 - CITY SUPPLIED EQUIPMENT A. The City shall provide any federal and/or state required safety gear and apparatus. B. Employees who suffer a loss or damage to personal property and/or clothing in the line of duty shall be reimbursed for such loss or damage by the City, provided a claim is filed with the City. Loss due to neglect, negligence or abuse by the employee shall not be considered for reimbursement, nor shall damage caused by normal wear and tear. Reimbursement shall be limited to personal property with a reasonable and ordinary value (i.e. - no Rolex watches). C. The City shall provide an annual uniform shoe reimbursement for uniformed employees of up to $100 per year. [TA 11/20/0'1] ARTICLE 13 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 14 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exemise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, the City and Association, for the duration of this agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter specifically covered by this agreement. Police Support Services Association Ratification August 21,2002 14 ARTICLE 15 - PERFORMANCE OF DUTY Section 15.1 Non-Strike Provision-~ Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform his assigned duties to the best of his ability. The Association agrees that it will not condone or cause any strike slowdown, mass sick ca , or any other form of work stoppage or interference to the normal operation of the Federal way Police Department. ARTICLE 16: GRIEVANCE PROCEDURF Section 16.1 Grievance Procedure Steps. A. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. B. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) Police Support Services Association Ratification August 21, 2002 15 calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the City Manager, with a copy to the Director of Human Resources, by the Association within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The City Manager shall have fourteen (14) days to review the grievance. If the City Manager does not respond or otherwise settle the grievance within the fourteen-day period, the grievance shall be automatically advanced to Step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the City Manager's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 16.2 Arbitration Panel. The City and the Association mutually agree to a permanent panel of arbitrators to hear all grievances in arbitration. The panel shall Police Support Services Association Ratification August 21, 2002 16 consist of three arbitrators: Janet Gaunt, Gary Axon, and Dave Gaba. Only one arbiter shall hear each grievance and they shall be picked in rotation, provided that either party may elect to disqualify one arbiter on the list for a particular hearing. The Association must exercise its right to disqualify the arbiter at the top of the rotation list in writing, filed at the same time it submits the dispute to arbitration pursuant to Step 7 of the grievance procedure. If the City wishes to exercise this right, it must do so within twenty (20) days of being served with the Association's demand for arbitration. The decision of the Arbitrator shall be final and binding on the parties. A. The Arbitrator shall make his/her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his/her decision solely to the interpretation and application of this Agreement. B. Each grievance or dispute will be submitted separately except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and fees will be paid by the party incurring the cost/fee. D. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 16.3 Time Limits. Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While for[eiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 16.4 Multiple Procedures. If employees have access to multiple procedures for adjudicating grievances, the selection by the employee of one procedure will preclude access to other procedures; selection is to be made no later than at the conclusion of Step 6 of this grievance procedure. Section 16.5 Step 3 Submission. In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 16.6 Just Cause Standard. No post probationary employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. [TA 11/20/01] Police Support Services Association Ratification August 21,2002 17 Section 16.7 Parties to the Agreement. In as much as this is an agreement between the City and the Association, no individual employee may make use of the provisions of this Article, except as expressly provided above. Section 16.8 Probationary Period. All newly hired employees must serve a probationary period. The probationary period for newly hired employees shall be one year. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period. The probationary period is an extension of the hiring process; therefore, the provisions of this Article (including the Just Cause Standards in Section 16.6) will not apply to employees if they are discharged during their initial probationary period. Grievances brought by probationary employees involving issues other than discharge may be processed in accordance with this Article. [TA 11/20/01]. ARTICLE '17 - EMPLOYER & EMPLOYEE RIGHTS Section 17.1 Discipline It is agreed that the employer has the right to discipline, demote, suspend, or discharge any employees for just cause. Section 17.2 Disciplinary Investigations In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be follows: A. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. B. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. C. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. D. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their Police Suppod Services Association Ratification August 21, 2002 18 right to and shall be allowed that Guild representation to the extent allowed by the law. E. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. F. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. G. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. H. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape/transcript (if made will be provided to the officer. Section 17.3 Psycholo.qical Evaluations The purpose of this Section is to balance the interest of the Employer in obtaimng a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted unobtrusively, and so as to protect the employees privacy. Generally, an evaluation will be ordered only if the employer has a reasonable concern that an employee is psychologically unfit to perform the job. A. Results of the Evaluation. The City shall provide the doctor with the employee's job description and other information necessary for the doctor to understand the duties and responsibilities of the employee. The doctor will issue a written report to the Employer and the employee. The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery, and the reason why the doctor has reached those conclusions. Additionally, where the cause of the unfitness is duty-related, the doctor shall disclose that cause. If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification. The doctor will keep all Police Support Services Association Ratification August 21,2002 19 data that has been made available to him or her confidential and not release it to any of the parties except the employee. Modified work conditions may include light duty assignments of limited duration. B. As used in this section, "doctor' refers to a psychologist or psychiatrist. ARTICLE 18 - COMPENSATION Section 18.1 Salaries A. The wage scale attached as Appendix A reflects the 3.5% COLA adjustment for 2002. Those positions added to the bargaining unit as a result of the modification to Article I, Section 1.1 will not receive the 3.5% increase upon execution of this agreement because said employees received the adjustment effective January 1,2002. Appendix A wage scale will be adjusted as follows: 2003: 90% of the Seattle area CPI-W (as measured/reported in August, 2002) 2004: 90% of the Seattle area CPI-W (as measured/reported in August, 2003) B. In addition, a performance pay plan will be provided in accordance with Appendix B. C. On-Call Pay. Four employees assigned as major crime scene PSOs, and four employees assigned as major accident reconstruction PSOs shall receive an additional three (3) percent of the top step wage rate per month as on-call pay. Employees shall receive on-call pay for only one of the type of assignments, but not for both, i.e. six (6) percent. D. Extra-Duty Pay. Employees assigned as Field Training Officers ("FTOs") shall receive an additional three (3) percent of the top step wage rate per month, as extra-duty pay for all time spent in the actual training of employees. E. Accreditation Pay. In recognition of the efforts expended by bargaining unit employees in attempting to obtain accreditation for the Department, all bargaining unit employees shall receive one payment of $150.00 no later than one payroll period after the ratification, and a second payment of Police Support Services Association Ratification August 21, 2002 20 $150.00 no later than one payroll period after the Department is granted accreditation. Section 18.2 Out of Class Employees required by the department head or designee to accept the responsibilities and carry out the duties of a position or rank above that which he normally holds shall be paid acting pay of 5% while so assigned. However, such person shall not be paid in the higher wage classification until the employee has worked at least two consecutive work weeks at the higher classification. Upon achieving such eligibility for acting pay, the employee shall be paid the proper pay scale beginning with the first day so assigned. ARTICLE 19 - INSURANCE COVERAGF Section 19.1 Medical/Dental Plan~ The City shall continue providing unit employees and their dependents with the same health care and dental insurance coverage as is currently provided. During the term of the Agreement, the City shall continue to pay the full cost of employee coverage and 90% of dependant coverage for such benefits under AWC Plan B regardless of which plan the employee uses (excluding spouses who are eligible for coverage through their place of employment). The City agrees to place the members and eligible dependents on dental coverage Plan F. Section 19.2 Life Insurance The City shall pay the entire premium for double indemnity life insurance coverage for each eligible employee in the bargaining unit. The City will determine the manner in which insurance coverage is secured. The amount of life insurance shall be equal to one times the employee's annual base salary to a maximum of $50,000 and a minimum of $25,000. ARTICLE 20 - SUBSTANCE ABUSE POLICY No employee shall be required to take or be subjected to any random alcohol or drug testing as a condition of continued employment, except when: 1. the City has a "reasonable suspicion" that an employee may be under the influence of drugs or alcohol while on duty and/or 2. an employee who, while driving a City vehicle or while driving on City business, is involved in an accident which results in a serious injury or in Police Support Services Association Ratification August 21,2002 21 which the employee is cited under local or state law for a moving traffic violation. ARTICLE 21 - PROBATIONARY EMPLOYI=E.~ All newly hired and promoted employees must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee begins work for the City. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the hiring process; therefore, the provisions of the grievance procedure will not apply to employees if they are discharged during their initial probationary period or are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with Article 17. ARTICLE 22 - TERM OF AGREEMENT} The effective date of this Agreement is , and shall remain in force until December 31,2004. Signed this __ day of 200 , at Federal Way, Washington. City of Federal Way Police Support Services Association David H. Moseley, City Manager Greg Vause, President Police Support Services Association Ratification August 21, 2002 22 APPENDIX A WAGE SCALE FOR 2002 Recreation Leader 2080 2171 2261 2358 2458 2634 Office Technician 2 2413 2517 2624 2733 2849 3054 Records Specialist** 2544 2652 2762 2879 3002 3218 Administrative Assistant 1 2667 2778 2896 3018 3146 3372 Lead Records Specialist 2800 2919 3043 3170 3304 3541 Property/Evidence Tech. 2800 2919 3043 3170 3304 3541 Police Support Officer*** 2870 2992 3119 3250 3388 3631 Administrative Specialist 3085 3215 3352 3493 3641 3903 Crime Analyst 3322 3463 3609 3761 3921 4203 **Includes 2.87% market adjustment for Records Specialists. ***Police Support Officers will receive 1.5% market adjustment July1,2003, and 1.5% market adjustment July 1,2004. Police Support Services Association Ratification August 21, 2002 23 APPENDIX B 6.3 PERFORMANCE-BASED PAY PLAN OVERVIEW OF THE PAY PLAN The Federal Way Performance-based Pay Plan ("P3") provides a method for regular full-time and regular part-time employees to influence their annual income through their own accomplishments while the City benefits from specifying the accomplishments which are in the best interest of the citizens of Federal Way and which supports the City's overall strategic plan. Most municipal governments offer a salary program whereby employees move through the salary range at regular steps over the regular intervals so that employees reach the maximum of the salary range typically within a maximum of eight (8) years. The City pays for this program under the assumption that the employee's performance over time is increasing at this range as well. The City finds itself committed, in many cases, to a relatively high base salary for an employee which must be paid without regard to performance. The Federal Way City plan was developed to assure that the City receives consistently outstanding effort and that employees whose performance and overall contribution to City programs are continually outstanding receive exemplary compensation in recognition of their efforts. ELEMENTS OF THE PLAN The basic premise behind performance-based pay is to compensate an employee based on his/her achievement of goals which are within the employee's area of expertise, and which are of value to the City because their achievement helps the City be successful in meeting its goals. The goals should serve to focus efforts on completion of projects and/or work which is most important for the department or division or individual to accomplish during the year. During the first year of participation in the performance-based pay plan, the number of months of eligibility should be considered when setting goals. Police Support Services Association Ratification August 21,2002 24 FEATURES OF THE PLAN The salary ranges are based on a comparable public sector labor market at the 60th percentile. In other words, Federal Way salary ranges rank in the top forty percent (40%) of the market. This is based on both the City's size in relation to the market and the intent of the City Council to attract and retain the best employees available for City jobs. The ranges are twenty-six and one half percent (26.5%) in breadth to allow for employee growth in the job and for opportunity for performance recognition. The range is divided into five (5) steps and a portion of the range, equal to 8.48% of the A step of the range, is reserved for the performance pay element. The concept is to hold employees accountable for specific performance objectives only after sufficient seasoning in the City. The City utilizes the last part of the salary range to reward excellence. As such, this plan constitutes a use of funds otherwise automatically granted to employees to reward the accomplishments of specific performance objectives which are set in such a way to enhance the City's responsiveness to its citizens and its Council's priorities. The Federal Way Performance-based Pay Plan covers all regular full-time and part-time employees at all organizational levels, including department directors and Assistant City Manager classifications, but excluding the City Manager. STRUCTURE OF THE PLAN The overall Play Plan utilizes five (5) steps. Once a starting salary for a new employee is established, the employee moves through the range as follows: 1. After one year of employment, the employee will receive an increase. 2. Employees will move to the next step on the salary schedule at twelve (12) month intervals from the date of the initial increase until step E is attained. Police Support Services Association Ratification August 21,2002 25 3. For all employees in the Performance-based Pay Plan, base salary will remain at the E step of the salary range. 4. Step increases may be withheld for cause. STARTING SALARY Designated City management personnel may offer a salary to a new employee at step A or B (step C with City Manager's approval) depending on the candidate's qualifications. A period of at least one year passes before an employee may move to the next step in the salary range. THE PERFORMANCE-BASED PAY PLAN The plan provides a lump sum payment to employees who meet their performance objectives for the year. Employees may earn an amount which equates to a total cash compensation amount up to the maximum for the salary range. The amount of the award is based on the extent to which the employee meets the objectives established for the year. The steps involved in this process are as follows: 1. During the first sixty (60) - ninety (90) days of the plan year (fiscal year), the employee and immediate supervisor meet to agree on objectives to be accomplished for the year. The following are guidelines related to objectives. · Objectives flow down from the Council to City Manager through each management tier to the employee to assure the consistency of objectives with the overall City strategic plan such that all employees work toward the same overall priorities and objectives. The budget can be used as an indication of City goals, in addition to City Council goals. Whenever possible, goals should reflect established budget and Council goals. · Each objective will be measurable and, if possible, quantifiable. Goals will be deemed met if completed on or before the end of the goal period, except where other designated deadlines are critical to goal completion. For example a summer event should be held during the summer, and production of a quarterly newsletter should be held to a quarterly deadline. At the same time, while it is recommended Police Support Services Association Ratification August 21, 2002 26 that time lines be established for goals, they should not be arbitrary, and if completion by the end of the goal period is appropriate, that is the time line that should be included. Again, time lines should be included, but there is discretion regarding whether the appropriate time line is the entire goal period or a shorter time span. · In general, each eligible employee should set three (3) or four (4) goals, however, there may occasionally be adequate justification for only setting one (1) or two (2) goals, depending on the scope of the goal(s). The goals may include team and individual goals, or may be all team or all individual. There is no maximum number of goals. · Goals should be jointly formulated by the employee and supervisor. Both the employee and supervisor should sign off on the goals, and the department directors have final approval. · A team goal is one that involves more than one person. A team can be made up of employees in one or more departments, or one or more divisions. A group does not have to come from different departments or divisions in order to be considered a team. · Goals must be set by March 31 in order to be eligible for a P3 award for the year. · Each objective will be weighted in terms of overall importance. Weights of all objectives shall equal 1.00. · Training/classes should be included in P3 goals only if utilized to accomplish a recognized goal. · A performance goal will be set for each employee with the weight ranging from .25 to .50 as determined by the Department Director based on the employee's position. Performance Goal (25%) · Level 1 - Achieve at least "Meets Expectations" on all applicable performance indicators = 10% · Level 2 - Achieve at least "Meets Expectations" on all applicable performance indicators and "Exceeds Police Support Services Association Ratification August 21,2002 27 Expectations" or "Superior Performance" on 30% of applicable indicators = 15% · Level 3 - Achieve at least "Meets Expectations" on all applicable performance indicators and "Exceeds Expectations" or "Superior Performance" on 60% of applicable indicators = 25% Performance Goal (50%) · Level 1 - Achieve at least "Meets Expectations" on all applicable performance indicators = 20% · Level 2 - Achieve at least "Meets Expectations" on all applicable performance indicators and "Exceeds Expectations" or "Superior Performance" on 30% of applicable indicators = 30% · Level 3 - Achieve at least "Meets Expectations" on all applicable performance indicators and "Exceeds Expectations" or "Superior Performance" on 60% of applicable indicators = 50% 2. Department directors should review the goals for consistency once submitted, and will be responsible and accountable for their department goals similar to performance evaluations. The P3 goals should be an extension of the 2002 performance evaluation and should promote staff development. Coordination among department directors may be required for team goals which involve more than one department. 3. The supervisor of the employee will initiate a meeting following the first six (6) months of the P3 year to provide feedback on progress toward each objective and will assist the employee to develop action plans to improve performance. 4. There will be an opportunity to revise goals during the year if priorities of the Council, City or departments change. There must be sufficient reason for the change, and the change must be made at the time priorities shift. The employee whose goal may be affected and the supervisor of the employee share the responsibility of notifying the other that a change is necessary. If an employee's position changes, or if an employee has a new supervisor, the employee should request that his or her supervisor revisit the goals to determine whether they are still appropriate. Changes must be made in a timely manner. Retroactive changes will not be allowed. Police Support Services Association Ratification August 21,2002 28 5. Within thirty (30) days following the twelve (12) month award period the supervisor and employee will meet to discuss goal achievement, and review documentation. The supervisor will submit an evaluation with achieved award levels indicated and documentation as necessary to support the determination. Payments under the plan will be made during the first three (3) months of the following year. 6. The supervisor or Department Director will determine the total percentage of goals achieved. Human Resources will calculate the performance payment based on percentage of goals achieved and number of months of eligibility. 7. Performance evaluations shall be subject to the grievance/arbitration procedure. In each case where a performance evaluation is challenged, the supervisor's determination shall control unless the supervisor's determination is arbitrary, capricious, discriminatory, or in bad faith. 8. The employee may appeal the percentage attainment of goals to the City Manager in case of dispute with the supervisor. 9. For employees who are admitted to the plan any time during the award year or who terminate employment prior to the end of the award year, the award will be prorated by the number of the months participating in the plan divided by twelve (12). 10. Department directors participate in the plan immediately upon hire and are eligible for 8.48% above their regular monthly salary. 11. Participation in the Performance-based Pay Program is not mandatory. An employee can choose to remain at the "E" step of the range by signing a waiver of participation. The employee would not be required to set goals, and would not be eligible to receive performance pay for that year. 12. An employee who is participating in the P3 plan and leaves employment with the City prior to completion of the twelve (12) month award period will be eligible to receive a prorated performance award, calculated on the percentage of goals achieved and the number of months of participation. Police Support Services Association Ratification August 21, 2002 29