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Council PKT 11-18-2003 RegularCity of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Jeanne Burbidge, Mayor Jack Dovey Eric Faison Mary Gates Linda Kochmar Dean McColgan Mike Park CITY MANAGER David H. Moseley Office of the City Clerk November 18, 2003 AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall November 18, 2003 - 7:00 p.m. (www. cityoffederalway, corn) CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE III. IV. PRESENTATIONS a. Introduction of New Employees/City Manager b. Emerging Issues/City Manager CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Vo 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. 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. go b° Minutes/November 4, 2003 Regular Meeting; and Special Meetings/Public Hearings on October 22 and 27, 2003 Council Bill #334/2004 Property Tax Levy -Enactment Ordinance Official Newspaper Tourism Grant Awards Benton County Jail Interlocal Agreement Addendum City/Federal Way School District Interlocal Agreement Amendment/School Resource Officers 2003-2004 Youth Commission Work Plan State Grant Acceptance/West Hylebos Boardwalk Replacement State Grant Acceptance/Historical Cabins Project Page 1 of 3 VI. VII. VIII. jo ao bo Co ao bo Mid-Biennium Review of 2003-2004 Human Services Contracts Interlocal Agreement/Regional Affordable Housing Program (RAHP) PUBLIC HEARINGS Mid-Biennium Budget Adjustment (required hearing/pursuant to RCW 35A. 34) · Staff Report · Citizen Comment - (please limit remarks to 3 minutes) · City Council Discussion Assessment Roll for Steel Lake Management District No. 1 · Staff Report · Citizen Comment - (please limit remarks to 3 minutes) · City Council Discussion · Approval/Confirmation of Assessment - Resolution 2003 Comprehensive Plan Amendments Selection Process · Staff Report · Citizen Comment - (please limit remarks to 3 minutes) · City Council Discussion · Action CITY COUNCIL BUSINESS Acceptance of Preliminary Design for Community Center - Resolution Waiving Section 7B of Purchasing Policies for New City Hall Proiect - Resolution Approval of Findings & Conclusions of Law on Sound Transit Facility - Resolution INTRODUCTION ORDINANCES Council Bill #335/Mid-Biennium Budget Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2003-04 BIENNIAL BUDGET (AMENDS ORDINANCE NOS. 02-434 AND 03-441). Council Bill #336/Impound of Vehicles Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE VIII, CHAPTER 15 OF THE FEDERAL WAY CITY CODE--IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/ REVOKED DRIVERS (AMENDING ORDINANCE NO. 01-393). Page 2 of 3 IX. CITY COUNCIL REPORTS Xo CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) ADJOURNMENT ** THE COUNCIL MAYADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW--FEDERAL WAY DOCUMENT LIBRARY" Page 3 of 3 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES [] RE OLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER I Contingency Req'd: $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on November 4, 2003; and special meetings/public hearings held on October 22 and 27, 2003. 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 November 4, 2003; and special lneetings/public hearings held on October 22 and 27, 2003. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall November 4, 2003- 7:00 p.m. Regular Meeting Minutes CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:00 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Faison led the flag salute. III. PRESENTATIONS a. Swearing-In Ceremony/Police Officer Chief Kirkpatrick was pleased to introduce and swear in Officer Brian Klingel. Officer Klingel became an amputee after a tragic accident last year and has worked tremendously hard to return to be a commissioner officer. b. Lodging Tax Advisory Committee/Introduction/Certificate of Appointment Deputy Mayor McColgan was pleased to introduce and present David DeGroot his Certification of Re-Appointment to the Lodging Tax Advisory Committee. Mr. DeGroot thanked Mayor Burbidge and the Council, noting the committee is setting their sight high, and working well together. c. Introduction of New Employees/Cit3 Manager Federal Way City Council Regular Meeting Minutes November 4, 2003 - Page 2 of 6 City Manager David Moseley was pleased to announce Robin Johnson has been hired as the new Office Technician in the Parks, Recreations, Cultural Service Department. Mayor Burbidge welcomed Ms. Johnson to the city. d. Emerging Issues/City Manager City Manager David Moseley noted he intended on updating Council on the recent Supreme Court ruling upholding 1-776; however that update will be given during the budget presentation later in the agenda. IV. CITIZEN COMMENT Lawson Bronson, spoke in concern that citizen's don't understand they are welcome at each council meeting to come and give public comment on any subject. go CONSENT AGENDA eo Minutes/September 21, 2003 Regular Meeting -Approved Vouchers-Approved Quarterly Financial Report/September 2003-Approved Council Bill #333/Code Amendments Updating Chapter 9/Licenses & Business Registration - Enactment Ordinance-Approved Ordinance #03- 453 lAC Youth Athletic Facilities Grant Sacaiawea Park Track Improvements - Authorizing Resolution-Approved Steel Lake Soccer Field Improvement Prqiect Agreement-Approved Lakota Creek Restoration Pr0iect/85% Design Approval-Approved Lakota Wetland Regional Pond Improvements Project/50% Design Approval-Approved Federal Way School District Capital Facilities Plan & Proposed 2004 School Impact Fee-Approved Authorizing Federal Way to Participate in the Regional Hazard Mitigation Plan of King County - Resolution-Approved Resolution #03-398 SW 320th St at SW 323rd St Crosswalk-Approved 2003 LLEBG Grant Review, Acceptance & Approval - Resolution - Approved Resolution #03-399 COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes November 4, 2003 - Page 3 of 6 Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VI. PUBLIC HEARINGS Mayor Burbidge read into record the procedures to be followed and opened the Public Hearing at 7:16 p.m. a. Selection Process--2003 Amendments to the Development Regulations, File No. 02-104161-00-UP · Staff Report Federal Way's Planning Consultant Janet Shull made a brief presentation to Council regarding the 2003 amendments to the development regulations. · Citizen Comment Brian Lawler and Gil Hulsmann: both spoke in support of adding Mini-Storage in the BN Zone. · City Council Discussion Councilmembers discussed different views of the BN zones and design guidelines. Councilmember Faison and Deputy Mayor McColgan stated they would be voting against the motion, as they don't believe it meets the criteria for neighborhood business and doesn't feel it aligns with the Comprehensive Plan vision. There being no further comments, Mayor Burbidge closed the Public Hearing at 7:46 p.m. · Action COUNCILMEMBER PARK MOVED APPROVAL OF THE LAND USE/TRANSPORTATION COMMITTEE'S RECOMMENDATION TO INCLUDE THIS REQUEST IN THE 2004 REVIEW OF THE NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan no Faison no Park yes Gates yes Federal Way City Council Regular Meeting Minutes November 4, 2003 -Page 4 of 6 b. Mid-Biennium Budget Adjustment - (preliminary hearing) Mayor Burbidge read into record the procedures to be followed and opened the Public Hearing at 7:50 p.m. · Staff Report Management Service Director Iwen Wang made a brief presentation to Council outlining the budget adjustment, including the impacts of 1-776, which was upheld in the Courts. She noted there would be an approximate loss of $750,00 a year for the next two years. · Citizen Comment There was no citizen comment. · City Council Discussion There being no further comments, Mayor Burbidge closed the Public Hearing at 8:15 p.m. VII. CITY COUNCIL BUSINESS Acceptance of Bid for 2003 Community Center LTGO Bonds - Resolution- Approved Resolution tt03-400 COUNCILMEMBER PARK MOVED APPROVAL OF THE RESOLUTION ACCEPTING THE BID FOR 2003 LIMITED GENERAL OBLIGATION BONDS BASED ON THE TERMS SPECIFIED IN THE RESOLUTION; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VIII. INTRODUCTION ORDINANCE Council Bill 11334/2004 Property Tax Levy AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPEI[TY TAX AMOUNT FOR THE YEAR 2004. COUNCILMEMBER PARK MOVED COUNCIL BILL #334/2004 PROPERTY TAX LEVY TO SECOND READING/ENACTMENT AT THE NEXT REGULAR Federal Way City Council Regular Meeting Minutes November 4, 2003 - Page 5 of 6 COUNCIL MEETING ON NOVEMBER 18, 2003; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes IX. CITY COUNCIL REPORTS Councilmember Gates gave a brief update on regional transportation issues and her attendance at various regional meetings. Councilmember Kochmar asked that the Community Center designs be posted on the city's website, and updated Council on her attendance at various regional meetings. Councilmember Park announced the next meeting of the Finance/Economic Development/Regional Affairs Committee meeting would be held November 25th at 4:00p.m. in the Mt. Baker conference room. Councilmember Dovey stated he had no report this evening. Councilmember Faison announced the next meeting of the Land Use/Transportation Committee meeting would be held November 17th at 5:30 p.m. in Council Chambers. Deputy Mayor McColgan recognized the Advancing Leadership class members who were present at tonight's meeting. Mayor Burbidge reported on the project community project "Building Bridges" which focus is the Westway community. She also noted her attendance at community events and regional meetings, and encouraged citizens to attend the upcoming events in the local arts. CITY MANAGER REPORT City Manager David Moseley noted the city is acting as it's own general contractor and will be saving approximately $500,000 in doing so. He extended his appreciation to Assistant City Manager Derek Matheson and Property Services Manager Steve Ikerd for all their continued work on the project. Mr. Moseley was also pleased to rep¢~t the city st~ff raised approximately $21,000 for United Way in King and Pierce County and the Federal Way Human Services Fund. He thanked all the department representatives including the co-chairs Patrick Briggs and Kathy McClung. Federal Way City Council Regular Meeting Minutes November 4, 2003 - Page 6 of 6 He noted the City Hall project is moving forward and on schedule. There will be an update to Council in mid-November to review the preliminary design as it heads into the final design stages. He also stated the city will begin seeking bids and start construction just after the New Year, with anticipated occupation of at least the 1 st floor Municipal Court and Police Department by late June. City Manager David Moseley reported on the 1 st annual meeting of the Permit Stakeholders Group. He was pleased to note the group, as a whole was very positive with the results of their work He further noted there would not be an Executive Session this evening. ADJOURNMENT There being no further business to discuss, Mayor Burbidge adjourned the regular meeting at 8:44 p.m. Stephanie D. Courtney, CMC Deputy City Clerk FEDERAL WAY CITY COUNCIL Special Meeting/Public Hearing Council Chambers - City Hall October 22, 2003 - 7:00 p.m. Minutes CALL MEETING TO ORDER Mayor Burbidge called the special meeting of the Federal Way City Council to order at the hour of 7:04 p.m., for the purpose of conducting a public hearing on the appeal of the Hearing Examiner's decision on the Federal Way Sound Transit Center. Mayor Burbidge advised this is a quasi-judicial proceeding and stated the City Attorney advises the City Council--not the City Staff--during this public hearing; therefore, Attorney Pat Richardson would be seated at the dais. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, and Councilmembers Jack Dovey, Eric Faison, Linda Kochmar and Mike Park. Councilmember Gates' absence and reason therefor is noted later in the proceeding. City Staff present: City Attorney Pat Richardson, Assistant City Attorney Karen Jorgensen, Senior Planner Lori Michaelson and City Clerk Chris Green. II. PUBLIC HEARING Appeal of Hearing Examiner's Decision on the Federal Wax/Transit Center · Staff Report · Argument on Motion to Strike · Argument on Land Use · Citizen Comment · Council Deliberation Mayor Burbidge opened the public hearing at 7:05, followed by her reading of the introduction, appearance of fairness and hearing procedure to be followed this evening~ A copy of the public hearing outline for this quasi-judicial proceeding is attached hereto and incorporated by this reference. Mayor Burbidge advised Councilmembers they should recognize the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. She also advised Councilmember Mary Gates previously recused herself from participation in this appeal hearing due to a conflict of interest--she currently serves as a member of the Sound Transit Board. Federal Way City Council Special Meeting/Public Hearing October 22, 2003 - Page 2 of 6 There was no verbal response from any Councilmember when Mayor Burbidge asked for disclosure of any Councilmember's interest in the property or issue at hand. She also asked Council to place on record the substance of any communication each has had since this appeal was filed on July 31, 2003, with either the opponents or proponents of the Federal Way Transit Center--no disclosures were brought forth. Mayor Burbidge then asked persons who anticipate testifying or speaking during this hearing to please stand, raise their right hand and take an oath to affirm their testimony shall be the truth. STAFF REPORT Senior Planner Lori Michaelson presented a brief summary of the analysis of the alleged errors, and the specific factual findings of fact and conclusions disputed in the notice of appeal. Counsel for both parties were in attendance--David Larson, Stephanie Hicks and Allen Wallis for the appellants--Steve Sheehy for the respondent. Both the appellant and the respondent advised how they wished to designate their allotted times for both the argument concerning the motion to strike alleged errors, and for the argument concerning the appeal of the land use application. ARGUMENT ON MOTION TO STRIKE Mayor Burbidge first called on Mr. Sheehy to present respondent Sound Transit's argument on alleged.errors 8, 13 and 14, followed by Ms. Hicks' response, as one of the attorneys for the appellants. A lengthy Council discussion with respect to the argument on the motion to strike alleged errors 8, 13 and 14 ensued. MOTION BY DEPUTY MAYOR MCCOLGAN TO ALLOW ALLEGED ERROR 8 AND ALLEGED ERROR 13 AND TO STRIKE 14; SECOND BY COUNCILMEMBER DOVEY. THE MOTION FAILED AS FOLLOWS: Burbidge no Faison no Gates absent/recused Dovey yes Kochmar yes McColgan yes Park no MOTION BY COUNCILMEMBER FAISON TO GRANT RESPONDENT'S MOTION TO STRIKE ALLEGED ERRORS NO. 13 AND 14 AND DENY RESPONDENT'S MOTION TO STRIKE ALLEGED ERROR NO. 8; SECOND BY COUNCILMEMBER PARK. FRIENDLY AMENDMENT BY COUNCILMEMBEI~ KOCHMAR TO TAKE MOTIONS ONE BY ONE; COUNCILMEMBER FAISON ACCEPTED THE FRIENDLY AMENDMENT. Federal Way Ci~ Council Special Meeting/Public Hearing October 22, 2003 - Page 3 of 6 FIRST MOTION TO START WITH ERROR NO. 14--GRANT RESPONDENT'S MOTION TO STRIKE ALLEGED ERROR NO. 14 PASSED AS FOLLOWS: Burbidge yes Faison yes Gates absent/recused Dovey yes Kochmar yes McColgan yes Park yes SECOND MOTION BY COUNCILMEMBER FAISON TO DENY RESPONDENT'S MOTION TO STRIKE ALLEGED ERROR NO. 8; SECOND BY COUNCILMEMBER PARK. Due to some confusion with the motion on the floor, Mayor Burbidge asked Councilmember Faison to repeat his motion. (REPEATED BY MAKER) SECOND MOTION BY COUNCILMEMBER FAISON TO DENY RESPONDENT'S MOTION TO STRIKE ALLEGED ERROR NO. 8; SECOND BY COUNCILMEMBER PARK. THE MOTION PASSED AS FOLLOWS: Burbidge yes - Faison yes Gates absent/recused Dovey yes Kochmar yes McColgan yes Park yes THIRD MOTION BY COUNCILMEMBER FAISON TO GRANT RESPONDENT'S MOTION TO STRIKE ALLEGED ERROR NO. 13; SECOND BY COUNCILMEMBER PARK. Due to more confusion with the motion on the floor, Mayor Burbidge asked Councilmember Faison to again repeat his motion. (REPEATED BY MAKER) THIRD MOTION BY COUNCILMEMBER FAISON TO GRANT RESPONDENT'S MOTION TO STRIKE ALLEGED ERROR NO. 13; SECOND BY COUNCILMEMBER PARK. THE MOTION FAILED AS FOLLOWS: Burbidge yes Faison yes Gates absent/recused Dovey no Kochmar no McColgan no Park yes Steve Sheehy, Respondent's attorney, advised he would like to withdraw Sound Transit's motion on striking the Casey letter (Alleged Error No. 13) to enable the hearing to go forward in the interest of time. Federal Way City Council Special Meeting/Public Hearing October 22, 2003 - Page 4 of 6 ARGUMENT ON LAND USE Stephanie Hicks and David Larson, Appellant's attorneys, touched briefly on the standard of review and presented their argument on land use. Allen Wallis, Counsel for appellant Dan Casey, also addressed Council. Counsel for the parties responded to a variety of Council questions. At 8:40 p.m., Mayor Burbidge announced a brief 10-minute recess; Council returned to chambers at 8:52 p.m., and Mayor Burbidge reconvened the special meeting. Following the closure of Ms. Hicks' presentation, Respondent's attorney Steve Sheehy presented his argument on land use issues. Ms. Hicks and Mr. Larson were then provided with additional rebuttal time on behalf of the appellants. CITIZEN COMMENT Daryl Reichstein - opposes approval of transit center--Attorney Hicks submitted a letter written by Mr. Reichstein dated October 22, 2003--the letter was read into the record with the understanding it could be later denied if determined Mr. Reichstein is not a party of record and his letter not admissible. Mayor Burbidge asked City Clerk Green to mark the letter as an exhibit to these proceedings--the letter is attached hereto and marked as Exhibit 1. Pam Kebre - opposes approval of transit center--concerned about traffic congestion. Hector Santa Cruz - opposes approval of transit center--concerned about traffic congestion. Ryan Tacke - opposes approval of transit center--concerned about traffic congestion and pedestrian safety. Dan Casey - opposes approval of transit center--doesn't believe the transit center belongs in the city center core. Sheryl Nevers - opposes approval of transit center--feels there has been a lack of public input. There being no additional citizen comment and following final comment by counsel for the Appellants and Respondents, Mayor Burbidge closed the acceptance of arguments and testimony at the hour of 9:52 p.m., and invited Councilmembers to deliberate the issues in reference to specific documents and exhibits. cOuNcIL DELIBERATION Following a lengthy discussion by Councilmembexs, MaYor Burbidge announced an approximate 10-minute recess at 10:25 p.m.; she reconvened the special meeting at 10:40 p.m. Federal Way City Council Special Meeting/Public Hearing October 22, 2003 - Page 5 of 6 Mayor Burbidge offered several options: (1) to continue with questions and deliberation; (2) to commence deliberation of the alleged errors one by one; or (3) to go into executive session, if felt necessary. It was the consensus of Council to commence deliberation of the alleged errors. Alleged Error No. 1: Mayor Burbidge read the text of the alleged error and asked for comment or questions by Council--hearing none, she moved to Alleged Error No. 2. Alleged Error No. 2: Mayor Burbidge read the text of the alleged error and asked for comment or questions by Council--hearing none, she requested an executive session. At 10:43 p.m., Mayor Burbidge announced a 10-minute executive session as cited on the agenda, pursuant to RCW 42.30.140(2)--Appellant's Attorney David Larson objected to the executive session--City Attorney Pat Richardson noted his objection for the record. Council returned to chambers at 10:53 p.m., and Mayor Burbidge reconvened the special meeting/public hearing. Discussion then centered on whether or not to continue the hearing at this time--continuing to a later date due to the lateness of the evening and the many issues surrounding each alleged error. City Clerk Green explained the legal requirements for continuing the hearing to a date specific to enable her to post the new date and time at the closure of tonight's proceedings. MOTION BY DEPUTY MAYOR MCCOLGAN TO CONTINUE THE PUBLIC HEARING TO MONDAY, OCTOBER 27, 2003, AT 7:00 P.M., IN COUNCIL CHAMBERS; SECOND BY COUNCILMEMBER KOCHMAR. THE MOTION PASSED AS FOLLOWS: Burbidge yes Faison yes Gates absent/recused Dovey yes Kochmar yes McColgan yes Park yes Councilmember Park requested a verbatim transcript of the evening's public hearing prior to the continuation hearing on Monday evening. City Clerk Green advised she will attempt to locate a court reporter to provide the transcript for tonight's public hearing prior to Monday's proceedings. III. EXECUTIVE SESSION Quasi-Judicial Matter/Pursuant to RCW 42.30.140(2) No additional executive session was necessary. Federal Way City Council Special Meeting/Public Hearing October 22, 2003 - Page 6 of 6 IV. ADJOURNMENT Mayor Burbidge announced the special meeting/public hearing is continued to Monday, October 27, at 7:00 p.m., and adjourned the special meeting/public hearing at the hour of 11:00 p.m. N. Christine Green, CMC City Clerk FEDERAL WAY CITY COUNCIL FEDERAL WAY TRANSIT CENTER APPEAL PUBLIC HEARING WEDNESDAY, OCTOBER 22, 2003 A. Introduction This is a quasi-judicial proceeding. The City Attomey advises the City Council and not the City Staff during this proceeding. Therefore, I have asked her to sit with City Council. I will now open the.public hearing to consider the appeal of the Federal Way Transit Center Land Use Application submitted by Sound Transit. Under RCW 36.70B.020 subsection 1 and Federal Way City Code, Section 22-451 a public heating must be conducted to consider the appeal of the Federal Way Transit Center land use application submitted by Sound Transit. This is a "closed record hearing," which means that the Council may consider only the evidence that was before the Hearing EXaminer, and the briefing submitted in this appeal; no new evidence may be presented by anyone unless as stated in FWCC 22-451 subsection 4, it relates to the validity of the Heating Examiner's decision and it was not known or could not have been known at the time of the Hearing Examiner's decision, or the Hearing Examiner improperly excluded or omitted evidence. The purpose of this hearing is to determine whether the Hearing Examiner's decision granting Sound Transit's land useapplication for the Federal Way Transit Center should be reversed, or affirmed. This heating is being recorded. Therefore, prior to speaking please state your name and address. I woUld now ask that the representatives of the Appellants and Respondent please identify themselves for the record. [David Larson shall introduce hitnself for Appellant; Stephen Sheehy for Respondent, Sound Transit.] B. Appearance of Fairness City Council Rule 12.3 Addresses the Appearance of Fairness. The rule states: Council members should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the council member or a Council member's business associate, or immediate family. It could involve exparte (outside the heating) communications, ownership of property in the vicinity, business dealings with the proponents an/or opponents before or after the hearing, business dealings of the Council member's employer with the proponents and/or opponents, announced predispositions, and the like. Proper to any quasi-judicial heating, each Council member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. Council member Gates has recused herself from this appeal hearing due to her conflict of interest in this matter. Does any Council member have an interest in the property or issue? Council, can you hear and consider this matter in a fair and object manner? Council, I ask you to place on the record the substance of any communication each has had since this appeal was filed on July 31, 2003, with the opponents or proponents of the Federal Way Transit Center. Does any participant object to any Council member's participation? If so, please state your objection and reason now. C. Hearing Procedure The public hearing will be conducted in the following manner: According to the Notice sent to the parties dated August 8, 2003, the Appellants and Respondent each have 20 minutes to argue Sound Transit's Motion to Strike Alleged Errors, and approximately 22 minutes, for a total of forty-five (45) minutes to argue the land use application appeal. They may divide their time as they wish, and will state their time limitations on the record after full explanation of the procedure. Staff will be provided approximately five (5) minutes to present a summary of the analysis of the alleged errors and disputed findings or fact and conclusions as identified in the Notice of Appeal and the written arguments. Before proceeding with the appeal of the land use application, Council will address the Respondent's Motion to Strike Alleged Errors. After hearing the presentations regarding the Motion to Strike Alleged Errors, Council will deliberate, and then decide by motion if any of the alleged, errors should be stricken. Turning to the Land Use Application for the Federal Way Transit Center, the Council shall hear Appellants' and the Respondent's arguments. Appellants are those parties who filed a notice of appeal as required under Federal Way City Code, Sections 22- 446 and -447. The Council may ask questions during the presentations. o Public Comment. Those individuals who participated in the Process IV (four) Heating Examiner hearing are listed on the distribution list and may provide public 2 comment (clerk has a copy of list), provided that comment is limited to the issues raised by the Appellants' Notice of Appeal as required by Federal Way City Code, Section 22-451, subsection c. If anyone desires to speak, please state your name and address and wait before speaking to allow the City Clerk the opportunity to verify your name is on the list of those who participated in the hearing and or requested receipt of the Hearing Examiner's decision at the time of the hearing, as required by Federal Way City Code Sections 22-443, 445 subsection f, and 447 subsection a. Public testimony will be limited to three (3) minutes per person. The representatives for Appellants and Respondent will have an opportunity to rebut public comments. The portion of the heating for Council to accept testimony and arguments will then be closed. Council will deliberate and decide by motion whether to grant the appeal and reverse the Hearing Examiner's decision, or deny the appeal and affirm the Hearing Examiner's decision. Council's decision will be finalized in a written document for the next regular City Council meeting on November 4, 2003, and will become final on that date. .Questions to Representatives: · How do Appellants and Respondent wish to allocate their time for argument concerning the motion to strike alleged errors? · How do Appellants and Respondent wish to allocate their time for argument concerning the appeal of Sound Transit's land use application? OATH: At this time, I would ask that each person who anticipates testifying or speaking this evening to please stand and raise your right hand for the oath: Do you, and each of, you swear or affirm that the testimony you shall give in the case in this appeal hearing shall be the truth? Please answer by stating "I do." Staff Presentation: Lori Michaelson, AICP, Senior Planner, will be allowed 5 minutes to present the analysis of the alleged errors and the specific factual findings and conclusions disputed in the notice of appeal. MOTION TO STRIKE ALLEGED ERRORS Argument on Motion to strike alleged errors: Respondent Sound Transit argument Appellants' argument Council deliberation Alleged Errors 8~ 13~ and 14: Alleged Error 8: Appellants allege that the hearing examiner's decision is in error (on page 15, paragraph 8(B) because, "[f]or all the respons [reasons] previously stated this statement is in error." Alleged Error 13: Appellants allege that the hearing examiner's decision is in error because of, "[a]ll matters raised in the attached letter from Dan Casey dated June 29, 2003." Alleged Error No. 14: Appellants state that they, "...reserve the right to add to and/or modify the particulars of this initial appeal as justice so requires." [Motion Option 1 :] I move to grant Respondent's Motion to Strike Alleged Errors (choose one or more of numbers - 8, 13, 14). [explain that the stricken errors will not be heard in this appeal] [Motion Option 2:] I move to deny Respondent's Motion to Strike Alleged Errors APPEAL OF SOUND TRANSIT'S LAND USE APPLICATION · Argument of Sound Transit's land use application Appellants' argument and Council questions Respondent's argument and Council questions [Option - Appellants' rebuttal if reserved time and Council questions] · Public comment State name and address City Clerk verifies name on the list City Clerk times comment period of 3 minutes Does either representative want to rebut public comment? · I will now close the acceptance of arguments and testimony · Council members deliberate issues and reference specific documents and exhibit numbers DELIBERATION OF ALLEGED ERRORS: [Reference to specific documents and exhibit numbers.] Be sure to strike out if the motion to strike passes on Errors 8, 13, and/or 14. Alleged Error No. 1: Appellants allege that he hearing examiner's decision is in error (on pages 7-8, paragraph 6(C)) because, "[t]he Tukwila decision referred to does not control this matter." Alleged Error No. 2: Appellants allege that the hearing examiner's decision is in error (on pages 8-9, paragraph 6(D)) because, "[t]he decision did not include the entire text of the Comprehensive Plan section sited and failed to consider the amendments to the Comprehensive Plan made in 2001 by the City Council which was made part of Exhibit 5 Alleged Error No. 3: Appellants allege that the hearing examiner's decision is in error (on page 11, paragraph 7(B)) because, "[t]he decision made in the legislative process is not relevant and the hearing examiner failed to consider the Twin Lakes Park and Ride capacity. The project does not comply with the transportation goals and policies of the comprehensive plan. There is no evidence in the record that there are, or will be, significant job opportunities within walking distance of the transit center that will reduce dependency on the automobile and improve pedestrian circulation. In fact, the opposite is true. A giant park and ride downtown will clog streets with commuters going to other cities, thereby discouraging nearby office and other business development. Alleged Error No. 4: Appellants allege that the hearing examiner's decision is in error (on page 12, paragraph 7(D)) (portion of decision relating to alternative site selection) as, "[t]he legislative actions of the City of Federal Way do not support the proposed location for a parking garage as proposed." Alleged Error No. 5: Appellants allege that the hearing examiner's decision is in error (on page 13, paragraph 7(E)) because, "[t]he Park and Ride will not provide a more diverse, multi- modal transportation system with the city center. The comprehensive plan does not specify a high capacity transit station at the intersection of S. 316th and 23ra Ave. S., and, in fact, it specifies a low rise pedestrian friendly transit center, not a parking garage with no room for the types of act ivies envisioned by the comprehensive plan. The location of the parking garage as proposed will unduly burden the downtown with two very large park and fides two blocks apart causing multiple entry points for transit related traffic to the north and south of the 320th.'' Alleged Error No. 6: Appellants allege that the hearing examiner's decision is in error (on page 13-14, paragraph 6(F)) because, "[i]t is undisputed that there has been no public participation in this application since Sound Transit submitted its application to the city in November 2002. Previous outreach showed overwhelming opposition to the proposed location. Previous outreach addressed hypothetical locations, and did not invOlve the requirements of the Federal Way Municipal Code to require public input after the application was made." Alleged Error No. 7: Appellants allege that the hearing examiner's decision is in error (on page 15, paragraph 8 (A)) because, "[t]he city did not authorize a Park and Ride of the kind and nature proposed. The 2001 amendments to the comprehensive plan were not considered." Alleged Error No. 8: Appellants allege that the hearing examiner's decision is in error (on page 15, paragraph 8(B)) because, "[f]or all the respons [reasons] previously stated this statement is in error." Alleged Error No. 9: Appellants allege that hearing examiner's decision is in error (on pages 15-16, paragraph 8(C)) because, "[t]he addition of transit oriented development will create crime and vagrancy which is a significant adverse impact. There was no provision for 'design elements' that would address security. The proposed center will not 'ensure the success of the transit center and the economic vitality of the commercial core.'" Alleged Error No. 10: Appellants allege that the hearing examiner's decision is in error (on page 16, paragraph 8(D)) because, "[t]he streets are not adequate and the proposed project will limit chances for future growth. There are insufficient traffic mitigation improvements." Alleged Error No. 11: Appellants allege that the hearing examiner's decision is in error (on page 17, paragraph 9) because, "[t]he findings regarding Citizens for a Vibrant City Center were not addressed completely, and the hearing examiner cannot simply defer to other bodies to avoid its duty to address the issues raised by this group." Alleged Error No. 12: Appellants allege that the hearing examiner's decision is in error (on page 18-19, paragraphs 8, 9, 10, and 11) because, "[t]he basis for the conclusion is not supported per the previous reasons stated for this appeal." Alleged Error No. 13: Appellants allege that the hearing examiner's decision is in error because of, "[a]ll matters raised in the attached letter from Dan Casey dated June 29, 2003." 7 Alleged Error No. 14: Appellants state that they, "...reserve the fight to add to and/or modify the particulars of this initial appeal as justice so requires." [Motion Option 1 :] I move to affirm the Hearing Examiner's approval of Sound Transit's land use application and adopt the Hearing Examiner's findings and conclusions. [Motion Option 2:] I move to affirm the Hearing Examiner's approval of Sound Transit's land use application and adopt the Hearing Examiner's findings and conclusions as modified by council deliberations. [Motion Option 3:] I move to reverse the Hearing Examiner's Decision and deny Sound Transit's land use application. [state reason] The representatives for the Appellants and the Respondent may submit proposed findings of fact and conclusions of law to the City Attorney if they desire. The proposals should be submitted no later than noon on Tuesday, October 28, 2003. I would ask the City Attorney to prepare written findings of fact and conclusions of law for review and adoption at the next regular Council meeting November 4, 2003, consistent with Council's decision on the record. k:\document\pubhrg\Sound Transit Appeal R 0 $ I,'. N P B¢ilcv(~c, WA !)8009-5003 425 4.54 67¢)5 vax OCT 22 '63 p~ 3:26 FAX RECEIVED OC[ 22 2003 WILLIAMS, KASTNER & GIBBS SEARLE TIME 3'. Re: Sound Transit Park & Ride Dear Stephanie: Wc arc informing you that we are unable to a(tend the meeting at City I Iall in Federal Way. On behalf of Hillsid~ Plaza Associates we strongly oppose thc approval ol' the city's decision to construct thc Sound Transit Park &Ridc locatcd at 316m and 23fa. If you havc any qucstions, plea.~ call us at (425) 454-6611. Best regards, Daryl Rcichstein Property Manager CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Property Tax Levy CATEGORY: ~x CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 2004 Property Tax Levy Ordinance SUMMARY/BACKGROUND: The City Council must establish the property tax levy for 2004. A public hearing has been conducted earlier this evening for the proposed mid-biennium budget adjustment and 2004 property tax levy. The proposed property tax levy is based on the 1% increase plus new construction. CITY COUNCIL COMMITTEE RECOMMENDATION: PROPOSED MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on November 18, 2003. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) REVISED - 0§/10/2001 COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2004. WHEREAS the City Council of the City of Federal Way has met and reviewed its budget for the 2003/04 biennium; and WHEREAS the City Council, in the course of considering the biennium budget has reviewed sources of revenue and examined all anticipated expenses and other city obligations for the city during the year 2004; and NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Federal Way that the increase for the regular levy for the calendar year 2004 shall be 101.0% plus the increase in assessed value resulting from new construction at approximately 1.9% for a total of 102.9%. Section 1. Levy. There shall be and there is hereby levied against the property in the City of Federal Way~ Washington, a municipal tax for the year 2004 for the purposes of paying the general expenses of municipal government in the amount of eight million one hundred fifty six thousand six hundred and eighteen dollars ($8,156,618). Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its .application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORDINANCE NO. , Page 1 k:\fin\0304budget\ordinance\taxlew2004.doc Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this ,2003. day of CITY OF FEDERAL WAY ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN,CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. , Page 2 k:\fin\0304budget\ordinance\taxlevy2004.doc CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Confirmation of Official Newspaper CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: FEDRAC handout dated October 23, 2003 SUMMARY/BACKGROUND: Last year, the FEDRAC Committee reviewed the official newspaper as a result of a recommendation from the Permit Stakeholder's Group. FEDRAC asked city staff to keep a record for six months of permits and publication dates.After reviewing the data, FEDRAC recommended keeping the Federal Way Mirrow as the official newspaper. CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend to the full Council that there be no changes to the official newspaper. PROPOSED MOTION: "I move approval of retaining the Federal Way Mirror as the official newpaper." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To.' Via: From: Subject: October 23, 2003 Finance, Economic Development and Regional Affairs Committee David H. Moseley, City Manager Kathy McClung, Director of Community Development Services Official Newspaper BACKGROUND: Last February, staffpresented to FEDRAC a recommendation from the Permit Stakeholders Group to look at changing the official newspaper to a daily paper in order to help facilitate permit applications that require public notice. The Committee directed staff to keep a record of the permit applications for six months and come back with a report. This memorandum is a report of the record within the last 6-9 months. Shortly after the Council Committee's direction, Debbie Kaufman, publisher of the Federal Way Mirror met with the City Manager and I to discuss outstanding issues and possible solutions or improvements that could assist the city improve permit timelines. Ms. Kaufman suggested listing our public notices in a different section of the classified ads, saving at least a day every time an application requires a public notice. ANALYSIS: We have used Ms. Kaufman's suggestion, which has helped us get public notices published earlier and have less lag time between the time it is prepared, and the time it is published. The only other problem that has occurred over the last six months was caused by a computer error. City staff have worked with the Mirror staffto resolve this issue so that it does not prevent publication. I have attached the list of projects and publication dates for the last six months. Please note that the T-Mobile, Singh Short Plat and Rainier Pacific Bank projects all were ready to issue well before the date sent to the paper. However, the lapse in time has nothing to do with the paper's publication deadlines. The greatest impact of using a daily paper is on applications that require a number of public notices. The Quadrant South Plat was published on April 4, June 18, and August 2nd. A daily paper would have saved 4 days in the process. Plats are one of the few applications that require three public notices. These applications are the most complex and usually have the largest public following. In the scheme of how long these applications take to process, 4 days is not significant enough to justify changing from a local to regional paper. RECOMMENDATION: Since the change in procedure has improved the timelines for publication, resulting in some time savings for permits, staff recommends no change in the official newspaper at this time. COMMITTEE ACTION: I move that FEDRAC recommend to the full council that there be no change to the official newspaper. ~~.~BY COMMITTEE: '~ Conurd~'~tai~'-- · [~r~mfittee Member -,4~mmitt~e Member H:\F1NANCE\F1NCOMM%2003\1028\102803 Official newspaper memo.doc Federal Way Mirror Legal Notices Griffin 3-Lot Short Plat/02-105322-SU 12/25/02 12/27/02 01/01/03 AT&T Metrosite 230/02-105247-UP 01 / 10/03 Federal Way Transit Center/02-105346-UP 1/2/03 1/2/03 01/04/03 FW Youth Development Center/02-105603-UP 1/6/03 1/8/03 01/1 i/03 Chevron Extra Mile Facility/02-104047-SE 1/14/03 1/17/03 01/22/03 Federal Way Public Academy/03-100296-UP 02/15/03 Design Guidelines Code Amendment/03-100842-UP 2/17/03 2/17/03 02/19/03 Church of Blessings/02-101543-SE 02/22/03 Tacoma SSP/02-105298-UP 02/25/03 02/26/03 03/01/03 Christ Church/02-101601-UP 2/24/03 02/26/03 03/01/03 Twin Shin Building/03-100455-UP 03/08/03 Jack-in-the-Box/File No:03-100795-UP 3/17/03 03/19/03 03/22/03 Weyerhaeuser Way Roundabout/03-100927-SE 03/21/03 03/26/03 RFP/Events Planning Consultant 03/27/03 03/29/03 Brooklake Parking Lot/03-100684-UP 03/27/03 03/29/03 Walgreen's Drug Store/03-100859-UP 03/27/03 03/29/03 Residential South Cluster Pre-Plat/98-104304-SE 03/31/03 04/02/03 RFP/City Center SEPA Planned Action 04/02/03 04/05/03 T-Mobile on PSE Pole on l~t/03-100980-UP 3/18/03 04/03/03 04/05/03 Singh Three-Lot Short Plat/03-101142-SE 3/26/03 04/03/03 04/05/03 RFP/City Center SEPA Planned Action 04/10/03 04/12/03 Mayer Residential Tram Extension/03-101072-SE 04/10/03 04/10/03 04/12/03 04/19/03 West Hylebos Creek Restoration/03-101023-SE 04/10/03 04/12/03 Office Development in BP Zone/03-101398-SE 04~24/03 04/26/03 Crosspointe Preliminary Plat/03-101214-SU 04/25/03 04/28/03 04/30/03 Holmquist 3-Lot Short Plat/03-101325-SU 4/24/03 04/28/03 04/30/03 Environmental Restoration Intrep/03-101606-UP 04/30/03 05/03/03 Chalsea Court Transitional/03-101347-UP 04/30/03 05/03/03 Project Name/File No I Ready to Sent to Published I Paper Error Publish Paper Pena Preliminary Plat/01-104415-SU 04/30/03 05/03/03 Jack-in-the-Box/03-100796~SE 5/1/03 05/05/03 05/07/03 Changes to Business Park/03-101758-UP 05/05/03 05/07/03 Moore Retail Center/03-101317-UP 05/12/03 05/14/03 Colella Preliminary Plat MDNS/99-101321-SE 05/22/03 05/22/03 05/24/03 Neighborhood Business Zoning Charts/03-102022 05/26/03 05/28/03 FW Transportation Improvement Plan/03-101942 05/29/03 05/31/03 Lakota Creek Restoration Project/03-101348 05/30/03 06/02/03 06/04/03 Federal Way Transit Center/02-105346 06/05/03 06/05/03 06/07/03 Rainier Pacific Bank/03-102089-UP 05/06/03 06/09/03 06/11/03 Residential South/98-104304-SE 06/16/03 06/18/03 Oversized Vehicle Code Amend/03-102457-UP 06/16/03 06/18/03 Changes to BN Use Zone Charts/01-103824-UP 06/16/03 06/18/03 Rescheduled Oversized Vehicles Code Amendd03-102457 06/26/03 06/28/03 Rescheduled BN Use Zone Charts/01-103824-UP 06/26/03 06/28/03 Walgreens Drug Store/03-100860-SE 06/17/03 06/17/03 07/19/03 Public Notice/Comp Plan & Dev Regs Amend Process 07/25/03 07/30/03 Residential South Public Hearing/98-104313-SU 07/29/03 07/30/03 08/02/03 Res South/North Lake Sewer Trunk Line/98-104304-SE 07/30/03 07/30/03 08/02/03 Lakota Crest Preliminary Plat/98-103452-SU 08/14/03 08/15/03 08/20/03 Edwards Residential Remodel/00-104434-00~SE 08/20/03 08/21/03 08/23/03 Sound Transit Wetland Mitigation Project NOA 08/27/03 08/28/03 08/30/03 City Center Planned Action SEPA 09/03/03 Rissho Kosei-Kai of Seattle/03-103282-00-UP 09/06/03 Brighton Park Pre-Plat/03-103182-00-SE 09/11/03 Because of a problem with our Groupwise, this notice was not received by the paper in time for the Sat paper Wynstone Pre-Plat/03-102631-00-SE 09/11/03 Because of a problem with our Groupwise, this notice was not received by the paper in time for the Sat paper AT&T Collocation on Qwest/03-104025-00-UP 09/15/03 09/17/03 Chi Kim Short Plat/02~105814-00-SU 09/15/03 09/17/03 Brighton Park Pre-Plat/03-103182-00-SE 09/15/03 09/17/03 Project Name/File No ] Readyto Publish Sent to Paper Published I Paper Err°r Wynstone Pre-Plat/03-102631-00-SE 09/15/03 09/17/03 FUSION Unit at Hearthstone/03-101347-00-UP 09/18/03 09/20/03 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003, Second Round, Tourism Enhancement Grant Awards CATEGORY: X CONSENT RESOLUTION CITY COUNCIL BUSINESS ORDINANCE PUBLIC HEARING OTHER BUDGET IMPACT: Amount Budgeted: $23,800 Expenditure Amt.: $18,565 Contingency Req'd: $0 ATTACHMENTS: Memo to Council Committee and attached grant applications SUMMARY/BACKGROUND: Two rounds of the Tourism Enhancement Grant (TEG) are included in the Lodging Tax Advisory Committee's (LTAC) work program and budget for 2003. The total amount budgeted for the grant program in 2003 is $34,000, with an additional $15,000 in supplementary funds available any time during the biennium to augment the budgeted amount. These grants are intended for not-for-profit organizations engaged in sports or cultural events in Federal Way that will bring out-of-town visitors to the City. During the first round of applications for 2003, six TEG awards were granted, for a total of $25,200. This left $8,800 in monies expressly available for the second 2003 round. During this second round of grant applications for 2003, seven applications were received, as detailed below: Federal Way Chamber of Commerce, Shop, Play and Stay--11/26-12/6/03 University of Puget Sound, NW Conference Swimming Champ.--2/13-15/04 R&K Events, Federal Way Farmers Market--May-Oct/04 Federal Way Symphony Orchestra, Symphony Garden Tours--Mid July/04 Rhododendron Species Foundation, Federal Way Does Broadway--7/27/04 Federal Way Community Council, Federal Way's Festival Days--8/27-29/04 Federal Way Chamber of Commerce, Explore Federal Way Booklet--Summer/04 TOTAL $ 5,000 $ 5,000 $25,000 $ 5,5OO $ 3,315 $10,000 $14,000-$16,000 $57,815-59,815 The applications were reviewed by the Tourism Enhancement Grant Review Subcommittee and were subsequently reviewed by the LTAC. Given the large amount of funding requested and the low amount of 2003 second grant round monies available ($8,800), the LTAC decided to include the above-mentioned $15,000 in supplementary funds available to augment this amount. The LTAC recommended awarding Tourism Enhancement Grants to four of the seven applicants in the amounts itemized below, for a total of $18,565. This leaves $5,235 in supplementary grant funding available to augment the $34,000 available for the two 2004 grant rounds. Federal Way Chamber of Commerce, Shop, Play and Stay--11/26-12/6/03 $ 0 University of Puget Sound, NW Conference Swimming Champ.--2/13-15/04 $ 5,000 R&K Events, Federal Way Farmers Market--May-OctY04 $ 0 Federal Way Symphony Orchestra, Symphony Garden Tours--Mid July/04 $ 2,750 Rhododendron Species Foundation, Federal Way Does Broadway--7/27/04 $ 2,815 Federal Way Community Council, Federal Way's Festival Days--8/27-29/04 $ 8,000 Federal Way Chamber of Commerce, Explore Federal Way Booklet--Summer/04 $ 0 TOTAL $18,565 CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 28, 2003 meeting, the FEDRAC recommended awarding Tourism Enhancement Grants as presented by the Lodging Tax Advisory Committee and itemized above. PROPOSED MOTION: "I move to approve the following Tourism Enhancement Grants: $5,000 University of Puget Sound, NW Conference Swimming Championship --2/13-15/04 $2,750 for Federal Way Symphony Orchestra, Symphony Garden Tours--Mid July/04 $2,815 for Rhododendron Species Foundation, Federal Way Does Broadway--7/27/04 $8,000 Federal Way Community Council, Federal Way's Festival Days--8/27-29/04" CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DEmEO [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 04/28/2003 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: October 13, 2003 Finance, Economic Development and Regional Affairs Committee David H. Mo~49~ City Manager Patrick DolSe,~D)puty~ Director, Community Development Services Tourism En~g'ffanc'~ment:' ~ '~ Grant awards BACKGROUND Two rounds of the Tourism Enhancement Grant are included in the Lodging Tax Advisory Committee's work program and budget for 2003. The total amount budgeted for grant awards is $34,000. The first round of the 2003 grants awarded $25,200 to six events, leaving $8,800 in potential grant monies for this second 2003 round. In addition to the $8,800 available for this round, there is a total of $15,000 in LTAC funds in the Council-approved budget available to augment the Tourism Enhancement Grant funding during this biennium. This additional amount may be applied in whole or in part to any of the four grant rounds of the biennium. These grants are intended for not-for-profit organizations hosting sports or cultural events in Federal Way that will bring out-of-town visitors to the City. During this second round of grant applications for 2003, seven applications were received, as detailed below: Federal Way Chamber of Commerce, Shop, Play and Stay--11/26-12/6/03 University of Puget Sound, NW Conference Swimming Champ.--2/13-15/04 R&K Events, Federal Way Farmers Market--May-Oct/04 Federal Way Symphony Orchestra, Symphony Garden Tours--Mid July/04 Rhododendron Species Foundation, Federal Way Does Broadway--7/27/04 Federal Way Community Council, Federal Way's Festival Days--8/27-29/04 $5,000 $5,OOO $25,000 $5,500 $3,315 $10,000 Federal Way Chamber of Commerce, Explore Federal Way Booklet--Summer/04 $14,000-$16,000 A copy of each application submittal is attached to this memo. The Federal Way Tourism Enhancement Grant Review Subcommittee reviewed each of these applications on October 8, 2003. The Committee recommendations are as follows: Federal Way Chamber of Commerce, Shop, Play and Stay--11/26-12/6 University of Puget Sound, NW Conference Swimming Champ.--2/13-15 R&K Events, Federal Way Farmers Market--May-Oct Federal Way Symphony Orchestra, Symphony Garden Tours--Mid July $0 $5,OOO $0 $2,750 Rhododendron Species Foundation, Federal Way Does Broadway--7/27 Federal Way Community Council, Federal Way's Festival Days--8/27-29 Federal Way Chamber of Commerce, Explore Federal Way Booklet $2,815 $8,000 $0 The TEG subcommittee recommends to award all $8,800 allocated for this round plus $9,765 of the $15,000 of the supplemental grant funding available this biennium. This leaves $5,235 unspent. LTAC RECOMMENDATION At its 10/10/03 meeting the Federal Way Lodging Tax Advisory Committee reviewed the Tourism Enhancement Grant Review Subcommittee's recommendations, concurred unanimously, and recommended approval to FEDRAC. COMMITTEE ACTION Approve the following Tourism Enhancement Grant awards: $5,000 to University of Puget Sound, NW Conference Swimming Championship $2,750 to Federal Way Symphony Orchestra, Symphony Garden Tours $2,815 to Rhododendron Species Foundation, Federal Way Does Broadway $8,000 to Federal Way Community Council, Federal Way's Festival Days APPROVAL BY COMMITTEE: ~/Committee Member City of Federal Way Tourism Enhancement Grant Subcommittee Recommendations October 8th, 2003 Federal Way Chamber of Commerce / Shop, Play Nov 26-Dec and Stay in Federal Way 6, 2003 $5,000 $0 May-Oct, R & K Events / Federal Way Farmers Market 2004 $25,000 $0 Federal Way Symphony Orchestra / 5th Annual Mid July, Symphony Garden Tour 2004 $5,500 $2,750 Rhododendron Species Foundation / Federal Way Does Broadway at the Rhododondron Garden July 27 2004 $3,315 $2,815 University of Puget Sound / Northwest Conference Feb 13-15, i Swimming Championships 2004 $5,000 $5,000 Federal Way Community Council / Federal Way's Aug 27-29, Festival Days 2004 $10,000 $8,000 Federal Way Chamber of Commerce / Explore $16,000 (A) Federal Way Booklet N/A $14,000 (B) $0' (see below), ITotal: 7 Applications >>> $67,815-$69,815 $18,5651 The Lodging Tax Advisory Committee has allocated $34,000 in total to be applied towards the Tourism Enhancement Grant for the two rounds in 2003. The first round of 2003, the City Council awarded six TEG grants totaling $25,200. This leaves $8,800 in potential grant monies for the second TEG round for 2003. In addition, there is a total of $15,000 in the Council-approved budget available to augment the Tourism Enhancement Grant funding during this biennium. This additional amount may be applied in whole or in part to any of the four grant rounds of the biennium. If the amount is applied in whole, the funds available for this round will be $23,800. The TEG Subcommittee recomends to award all $8,800 allocated for this round plus $9,765 of the $15,000. This leaves $5,235 unspent. * The subcommittee concluded that the Explore Federal Way Booklet does not meet the TEG's criteria to receive money. The TEG Subcommittee unanimously recomends that LTAC should consider funding the Explore Federal Way Booklet using another source of LTAC funds. GRANT APPLICATION GRANT APPLICATION "RECEIVED BY EVELOPMENT DEPA~T~N~ 8EP 2, 9 2003 GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing this application. Please type or print. Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your completed application to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: Debbie Kaufman, Board Member of the Federal Way Chamber of Commerce ORGANIZATION: FEDERAL TAX ID: IS A QUALIFIED 501C ORGANIZATION: STREET ADDRESS: DAYTIME PHONE: FAX: OFFICIAL EVENT NAME: Federal Way Chamber of Commerce 91-6052468 Yes 1230 S. 336~ St. * Federal Way, WA 98003 253-925-5565 253-925-5750 Shop, Play and Stay in Federal Way Briefly describe the event (type of activity, male, female, co-ed, etc): Market the Value is a committee of Federal Way Chamber Members that put together ideas to help promote business and tourism to Federal Way. Together we put together a program that will increase heads in beds and bring customers to Federal Way to shop and spend monies during the holiday season. The program is called, "Shop, Play and Stay" in Federal Way. It is to reach potential shoppers outside of our market plus promote locally. (See attached) This is a critical time for many businesses in the downtown core Scope of Event: Local Previous Hosts: N/A Has this event ever been held in Federal Way? Yes Has this evem ever been held in King County? Yes If yes, when: November 29a-December 8, 2002. Venue: The Federal Way Downtown Core EVENT FINANCIAL INFORMATION N/A VENUE INFORMATION Proposed local venue: Location: Proposed Dates: Downtown Federal Way November 26-December 6~, 2003 Have you confirmed the availability of the proposed dates at the primary venue: Will you have a need for secondary or practice venues? No TOTAL VENUE RENTAL: (both competition and practice sites) N/A Yes ECONOMIC IMPACT How many participants will the event attract: 2,000-5,000 How many teams/groups will the event attract: N/A How far away will the (athlete/participants) travel (local) How many spectators will the event attract: How far away will spectators travel from? 2,000-5,000 35 mile radius 35 mile radius How many support (staff, vendor, etc) people will the event attract? N/A Of the numbers listed above, what percentage will require overnight lodging? Grant Amount Requested: $5,000 How will these grant funds be utilized? These funds will help defray costs for the single sheet insert that Will be in the Seattle Times, Tacoma News Tribune and the Federal Way Mirror during the critical shopping times. The total project costs: $31,000 Please list the other sources of financial support (sponsorship, etc) which you have pursued: Gateway Center Committed: No Amount: $2,500 SeaTac Mall Committed: No Amotmt: $10,000 SeaTac Village Committed: No Amount: $2,500 The undersigned certify the information provided above is tree and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Applicant's Signature~_~L~ Applicant's Title: Downtown Federal Way Holiday Promotion This year we are all working together to promote Holiday Shopping in Downtown Federal Way. This special promotion includes the areas of: SeaTac Mall, Sea Tac Village, Gateway Center, Ross Plaza, Best Buy Plaza up to Wal-Mart, Target, Toys R Us, etc. With the on going construction on Pacific Highway, many of our residents and outside communities are not shopping in Federal Way and with the upcoming Holiday Season, we feel that we need to band together and bring back the consumers to Federal Way. The Theme is: Shop, Play and Stay in Federal Way The Concept is: Time Frame: Spend $300 during this promotion, and bring your receipts from the participating merchants and receive a package gift. The gift will include: $20 gift certificate to Applebee's, or Red Robin, Free Appetizer at Billy McHales, 2 movie tickets to Galaxy Theatre, or the Federal Way Symphony and a 1 night stay or discounted stay at Federal Way Executel. The campaign will officially begin the day after Thanksgiving. (November 28t~), and will end on Sunday, December 7t~. Marketing Proposal: Advertising: Distribution Dates: Distribution Amounts: 225,000 full color, single sheet inserts, double sided, on 60 lb gloss paper will be printed and distributed via the Federal Way Mirror, Seattle Times and The Tacoma News Tribune (zoned). Federal Way Mirror: Nov. 26~, Nov. 29~, Dec, 3a, Dec. 6~ Seattle Times and Tacoma News Tribune: Nov. 26', & Dec. 3rd Federal Way Mirror: Seattle Times: Tacoma News Tribune: 30, 516 each x 4 editions = 122,064 34,000 each x 2 editions = 68,000 16,000 each x 2 editions = 32,000 Combined Total: 222,064 3,000 will be overprinted and available for businesses to have. Radio: The buy will be approximately $6,000 on 96.5 the point radio station. The campaign will start on November 24* and will continue through the promotion Television: The buy will be approximately $6,000 on the WB TV station. The campaign will start approximately November 24* and will be for one week targeting a specific show. Shuffles: Window Decals: Newspaper Ads: Total Cost Of Campaign: Foundation House is donating their vans for the shuttle service. The hours will be: Fridays 6:00 pm to 10 pm, Saturdays 10:00 am- I0:00 pm, and Sundays 10:00 am 6 pm. This is an important piece of the success of this promotion. The ease of shopping in Federal Way. Once the car is parked, the consumer can take the shuttle to other centers, plazas and shopping centers. This will ease the shopping experience for the consumer. For all participating merchants, you will receive a window decal to place in your store to let consumers know that you are participating in this special promotion. During this campaign, all participating merchants will receive a 5% discount off of their display advertising in the Federal Way Mirror if they include the Shop, Play and Stay logo in their ads. $30,000 Z 0I GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria' before completing this application. Please type or print. Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your . completed apphcation to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: ~..D_5.e ~-JZ_..-.- ORGANIZATION.' FEDERAL TAX, ID: STREET ADDRESS: IS A QUALIFIED 501© ORGANIZATION.,~/~'~,c::'~:'~...~.~ DAYTIME Telephone:(-~:~ Official Event Name: //-~_~,f~/ ~-¥/~/ Briefly describe the event (type of activity, male, female, co-ed, etc): Scope of Event (cheek l): ){ Local State Regional National International VENUE INFORMATION Have you confirmed the availability of the proposed dates at the primary venue? ~ NO Will you have a need for secondary or practice venues? YES .~) TOTAL VENUE RENTAL (both competition and practice sites) $ ECONOMIC IMPACT H b/~,L, o~'~c . ow many ,9.a.~:c,.pm.~-s~wfll the event attract? How many teams/groUps will the event attract? How far away will the ~ travel (local, regional, national, international)? c>~ .~,'J~' r How many spectators will the event attract? How far away will spectators travel from?////fa_ Ho~y suppoa (~ff, ~) p~plc will ~c event a.ra~? Of ~e n~be~ list~above, what percentage ~11 r~uire ovemi~t l~ging? Partipants //~.~. /e/~g_~s. ~ % Spectators ~/{./c//;~d/_~2~ % Teams/Groups % Event Staff ~.///~ ~/~ % GRANT AMOUNT REQUESTED: PrevioUs Hosts: YEAR CITY/STATE veque Has this event ever been held in Federal Way? Has this event ever been held in King County? Pierce Couhty?_ )~_f If yes, when: Month: Year: Venue: City: EVENT FINANCIAL INFORMATION Is a host fee required? /~/) If so, what amount? or % of proceed~ What is the projected number of tickets that will be sold?. Average ticket price: $ .,~,/ff Event's total estimated expenses: Amount of expenses local host is responsible for? $ Events total estimated revenues? portion ofAhe e~vent's proceeds will be kept by the local host? $ Please list the other sources of financial support (sponsorship, etc.) which you have pursued: Source: Committed: YES NO Amount: $ Committed: YES NO Amount: $ Committed: YES NO Amount: $ The undersigned certify the information provided above is tree and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Applicant's S igr~,atiire Applicant's Title: Date: ~'-- 2~ ~c>.)dOd~ -f September 22, 2003 City of Federal Way Lodging Tax Advisory Committee P.O.Box 9718 Federal Way, WA 98063-9718 Dear committee members, P.O. Box 4513 Federal Way, WA 98063 Phone (253) 529-9857 Fax (253) 529-0495 e-mail fwsorch@mindspring.com On behalf of the Board of Directors of the Federal Way Symphony, I would like to thank you again for awarding our organization a grant for this year's 4th Annual Garden Tour. Our tour was a great success and we have received many compliments on our selection of gardens as well as the addition of Ciscoe Morris as our guest speaker. We are well into the planning of the next garden tour that will take place in mid July 2004. At our debriefing following this year's tour there were many ideas of how to improve this event even more. Among ideas under consideration at this time are another appearance by one of several local gardening celebrities including Marianna Binetti, Ed Hume and of course, perhaps a repeat appearance of Ciscoe; continuation of a water colorist in one of the gardens; mini seminars in another garden; refreshments being expanded as well as a garden book sale. We will continue to offer live music in another of the gardens on the tour. To this end we have engaged a local marketing expert to help us in targeting a broader audience and develop a marketing plan. Your support for our tour next July would be greatly appreciated. Cost of advertising and design of the tickets and posters remains one of our greatest expenses. All of us on the Board of Directors are working hard to improve this delightful event and it has become one of our most successful and enjoyable fundraisers. Please help us to keep beautiful music in the Federal Way area by helping support our organization. Thank y, ou for your consideration. Co-President ? ~',,',~::.~i~,.,: :Federal'Wiay'.Chatnbbr.w'Enl~anc!ngc0mmumtY P~°sp~r!tY,','=;:i"' ??'.,.. GRANT APPLICATION GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing this application. Please type or print. Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your completed application to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: Katherine Franklin, Co-President ORGANIZATION: Federal Way Symphony Orchestra FEDERAL TAX ID: 23-7310860 ORGANIZATION__yes IS A QUALIFIED 501© STREET ADDRESS: 30819 14th South Federal Way 98003 (P.O.Box 4513 Federal Way 98063-4513) DAYTIME Telephone:( 253 ) 529-9857 Fax:(253 ) 529-0495 Official Event Name: 5th Annual Symphony Garden Tour Briefly describe the event (type of activity, male, female, co-ed, etc): Our 5th Annual Garden tour will be held in mid July 2004 showcasing 5-6 local gardens, and featuring an appearance this year by one of two Seattle gardening celebrities. Talks are underway at this time. The garden committee is made up of Symphony Board members as well as representatives of several local garden clubs. The tour will be enhanced this year by offering different garden activities in each garden, including painting by a local watercolorist, live music, gardening seminars and specialty talks by our celebri _ty gardener as well as refreshments. Scope of Event (check 1): Local x State Regional National International Previous Hosts: YEAR CITY/STATE Venue NA Has this event ever been held in Federal Way? yes Has this event ever been held in King County? no Pierce County?_ If yes, when: July/August Month: 2000-2003 Year:__ Venue: Local Federal Way gardens City:Federal Way EVENT FINANCIAL INFORMATION Is a host fee required? no If so, what amount? $ or % of proceeds What is the projected number of tickets that will be sold? 600-900 Average ticket price: $ $15.00 Event's total estimated expenses: $6500.00 Amount of expenses local host is responsible for? $ Total Events total estimated revenues?$ $13,000-$15,000 {5l What portion of the event's proceeds will be kept by the local host? $ Total VENUE INFORMATION Proposed local venue: Federal Way Location: 5-6 local Federal Way gardens Proposed dates: Mid July, 2004 Have you confirmed the availability of the proposed dates at the primary venue? YES NOx Will you have a need for secondary or practice venues? YES NO x TOTAL VENUE RENTAL (both competition and practice sites) $ NA ECONOMIC IMPACT How many participants will the event attract? 600-900 How many teams/groups will the event attract? NA How far away will the (athlete/participants) travel (local, regional, national, international)? Local. How many spectators will the event attract? 600-900 How far away will spectators travel from? Regional How many support (staff, vendor, etc) people will the event attract? 65-70 Of the numbers listed above, what percentage will require overnight lodging? Partipants _NA Teams/Groups Spectators Unknown NA % % Event Staff NA % GRANT AMOUNT REQUESTED: $5,500.00 How will these grant' funds be utilized? The funds will be used to offset the increasing costs of bringing an event of this size into the city. This year we hope to feature either local Seattle gardening celebrity Marianne Binetti or Ed Hume in one of the larger gardens as well as live music and several vendors. Anticipated costs include publicity, guest celebrity fee, traffic regulation fees, and rental equipment fees. Please list the other sources of financial support (sponsorshiP, etc.) which you have pursued: Source: Will be soliciting sponsors in early spring, 2004. Committed: YES NO Amount: $ Committed: YES NO Amount: $ Committed: YES NO Amount: $ Each spring preceding the event, local sponsors are solicited. These companies may elect to sponsor an entire garden at $500 or co-sponsor a garden at $250. In the past these companies have been supporters of our garden tour: Furney's Nursery, Village Green Retirement Campus, Pacific Coast Ford, Saloman Smith Barney, Coldwell Banker All-American Associates, Eagle Mortgage, New Lumber & Hardware, Windemere Real Estate, Jan's Plants, McConkey Company, Arborscan Tree Conservation Company, Washington State Bank, Count _rywide Home Loans, Edgewood Flowers, Kelly Gardens, and Weyerhaeuser Bonsai Gardens. We have recently engaged the help of a marketing member of the community to help us in developing a broader marketing strategy. ~.'. ,:, ::ii ~.~:~ ~: ~ ,,~ueral .':W.ay':Chamber ~ Enhancing ~.C. ommunlW. Prosgerlty . '. The undersigned certify the information provided above is true and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Applicant's Signature ....... Applicant's Title: Date: Sep 26 03 0S:22p P.R. Bonsai Collection ~53-824-3837 p.1 GRANT APPLI. CATION GRANT APPLICATION INSTRUCTIONS: Rtvad lhe entire packet, including thc attached sdcction criteria before completing this application. Please type or print. Answer c~ch question to thc best of your ability. Tho BOARD docs not provide funding for tournament entry fees, travel, lodging, meals, uniforms, equipment, coachc.~ salari~, facility upgrades or capital campaigms. Ifa qu~tion is uot applicable to your event, simply write "N/A" in the space provide& You may mail or deliver your complctcd applicatk)n to the addr~-m listext below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 FEDERAL TAX. iD: q',~-~.~ ~o'7v9 ?;_~7c'~ IS A QUALIFIED 501(O ORGAN bZATION__~X.) M^iLING ADOR. ESS:~, t/~ ~ DAYTIME Telephono:(;O .':5~ ~'~. - q 'Briefly describe the event (type of activity, male, ~bmale, co-ed, Scope of Event (cheek ! ): Local State ~x__Regional National International Sep 26 O3 05:22p P.R. Bonsmi Collection ~53-8~4-3837 Previous ..H.~sts: YEAR CIT¥/.,,qTATE Venue Has this evcmt ever been held in Federal Way'? l-ILs this evettt ever been held in King County.?_ Pic'rce CountY?~rv If yum:, when:__ Month:.. Year: Venue: .City: EVENT FINANCIAl, INFORMATION Is a host fee required?.~~lfso, what amount? $'qr~'('3-r or % o.f proceed.q 'gYhat is thc projected number of tickers that will be sold? ~¥~:' Avcxage ticket price: Amount of expenses local host is rcs'ponsible for? .$ Events total estimated revenuc.~'!$ ~,~/~,, What porlion of thc cvenCs proceccls will be kc~t by the local host? Bonsai Collection E53-gE4-3837 ~.3 ~ VENUE INFORMATION Proposed local Location:~_ ~--6..e~ro~ L~Lk~¥.'-~.~ ,. Proposed dates: .~ ~ ~'~, Have you confirmed the availability of the proposqd dates at the primary vcnu¢?(.~S..~ NO Will you have a need for secondary or practice venues? yES TOTAL VENUE RENIAL (both competition :md practice sitet;) ~.~..~ ECONOMIC IMPACT How many' participants will the event attract7 ~ Ilow many teams/groups will the event attract?.. ~,~ [ ltow far away will thc (athletdparticlpants) travel (local, regional, national, international)'!~2~\' How many spectators will the event attract'. How far away will spectators travel fi-otn? _~~qN-~t_Q q How many support (staff, vendor, etc) people will the event atn'act? ~r5 . thc numbers listed above, what percentage will require overnight lodging'/ Partipants (~ % Tcanu/Groups .~/~ _~ Speatators LWx k~.t'~_:5-_%. % Event 5.'.t. aff ~ % GRANT AMOUNT REQUESTED: Please llst thc other souf¢~.-s.' oi: financial support (sponso~hip, crc.) which you have pursued: Sourcc: Committed: YE.~ ,NO Amoun[:j Comm. itttxt YES NO Amotlnt: $ ..... C0mmittc,~d: YES N0 Amount: $ The undersigned certit~ tile information provided abovo is true and accurate and any projections arc based on I~istory ofslmilar events and activ/ties that are available to thc industt3' and adjusted to local conditions. GRANT APPLICATION RECEIVED BY n~u~ I~ITY DEVELOPN~,ENT DEpARTI~ENT SE P 6 2003 GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing this application. Please type or print. Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. Ifa question is not applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your completed application to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: ORGANIZATION: FEDERAL TAX ID: IS A QUALIFIED 501© ORGANIZATION DAYTIME Telephone:( Fax: (Z~-~) ~-1°~' ~(o'~ Official Event Name: Briefly describe the event (type of activity, male, female, co-ed, etc): Scope of Event (check 1): Local State ~ Regional National Intemational Previous Hosts: YEAR CITY/STATE Venue Has this event ever been held in Fed~al Way? Has this event ever been held in King County? Ify~, when: m 1~ Venue: I Month: City: Pierce County?_ Year: EVENT FINANCIAL INFORMATION Is a host fee required?_ ~'~o If so, what amount? $ 1~I ~r or % of proceeds What is the projected number of tickets that will be sold? ~ee~ Average ticket price: $ ~tt ~ Event's total estimated expenses: Amount of expenses local host is responsible for? $ (o 7.~ O ~' o Events total estimated revenues?$ lx.~o ,~xo~xt.~ , g ~ What portion of the event's proceeds will be kept by the local host? VENUE INFORMATION Proposed dates: Have you confirmed the availability of the proposed dates at the primary venue? YES ~, NO Will you have a need for secondary or practice venues? YES NO ~( TOTAL VENUE RENTAL (both competition and practice sites) $ i Ij 5'00 ECONOMIC IMPACT How many participants will the event attract? How many teams/groups will the event attract? How far away will the (athlete/participants) travel (local, regional, national, international)? ~[ OO -~ oo ~x,\¢ 5 How many spectators will the event attract? ! 5~'00 HOW far away will spectators travel from? ~2.¢¥,,e,~ ~ How many support (staff, vendor, etc) people will the event attract? Of the numbers listed above, what percentage will require overnight lodging? Partipants r~ ~ % Teams/Groups_ Spectators ~'O % Event Staff qS % 6"O % GRANT AMOUNT REQUESTED: $ ~'-~ oo*° [ I How will these grant funds be utilized? '~o ~o,..~ ~-oqx -~eo, a:~\,~ ~-t,'x~o,~ Please list the other sources of financial support (sponsorship, etc.) which you have pursued: Source: ~%,~ ¢~t,,~.e~,_, c>,x,~g>committed: YEs X No ~nount: $ ~'/~-0°° Committed: YES NO Amount: $ Committed: YES NO Amount: $ The undersigned certify the information provided above is true and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Applicant's Signature ~_/,~-~ Applicant's Title: ~C~,qt~x~.~ ,ir "~o-?.~- ~o.u,~Date: GRANT APPLICATION GRANT APPLICATION RECEIVED BY co~r~[lNFr'y DEVELOPMENT DFPA~TM~'~' SEP 9 ZOO3 GRANrF APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing this application. Please type or print. Answer each question to the best of your ability. The BOARD does not provide funding for toumament entry fees, travel, lodging, meals, uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your completed application to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: ORGANIZATION: FEDERAL TAX ID: IS A QUALIFIED 501C ORGANIZATION: STREET ADDRESS: DAYTIME PHONE: FAX: OFFICIAL EVENT NAME: Bob Hitchcock Federal Way Community Council, dba: Federal Way's Festival Days. 91-0976982 Yes 32290 1a Ave. S. * Federal Way, WA 98003 253 -838-8823 253-838-8355 Federal Way's Festival Days Briefly describe the event (type of activity, male, female, co-ed, etc): Federal Way's Festival Days has been a local community event for 15 years. Last year, we broaded our scope to bring people and athletes from all over Washington State to attend and be a part of our festival. In 2003, we held the festival in 4 different areas--Steel Lake Park, SeaTac Mall, Pacific Highway and the Aquatic Center. Steel Lake Park: 2 stages with live local entertainment, commercial vendors, food vendors, Wenatchee Youth Circus, ethnic performers, stories from many cultures, demonstrations, bingo, sand castle building and hands-on interactive events. SeaTac Mall: Pacific Highway: Aquatic Center: Live Headliner Entertainment, 3 on 3 Basketball Tournament, Food Vendors, Commercial Sponsors, 50 Juried Arti and Crafts Vendors and Carnival. Saturday morning parade. We had over 70 parade units this year. This included more floats from outside of the area, plus the Korean delegation. 5K Run. This was held on Saturday morning prior to the parade. We included a 5K Run which had over 130 participants in its first year. We had athletes from our neighboring cities and Federal Way. In addition, we had participants from as far as Everett and Portland, Oregon. We have laid the foundation for this event and are expecting over 200+ athletes for the 2004 event. 3 on 3 Basketball Tournament. We had a very late start this past year, and not as many teams participated as we would have liked. Presently, we have a strong coordinator who will be traveling around to different cities promoting this tournament. We anticipate 100+ teams for 2004. Scope of Event: Regional Previous Hosts: N/A Has this event ever been held in Federal Way? Yes Has this event ever been held in King County? Yes If yes, when: August 22ud, 23~a and 24t~ of August 2003. This was our 15' anniversary of Federal Way's Festival Days, dba: Family Fest. The first Festival was held in 1989 and every fourth weekend of August since that year. Venue: Steel Lake Park, SeaTac Mall and King County Aquatic Center. EVENT FINANCIAL INFORMATION 5K Run Is a host fee required? Yes If so, what amount? $20 per person What is the projected number of tickets that will be sold? Average Ticket Price: $20 Event's Total Estimated Expenses: $3,000 Amount of expenses local host is responsible for? $3,000 Events Total Estimated Revenues? What portion of the event's proceeds will be kept by the local host? $1,000 or 25% The $1,000 ~511 help cover the upcoming expenses of the 2005 5K run. 3 on 3 Basketball Tournament Is a host fee required? Yes If so, what amount? $80-$100 per 4 person team. What is the projected number of tickets that will be sold? Average Ticket Price: $90 Event's Total Estimated Expetcses: $7,000 Amount of expenses local host is responsible for? Events Total Estimated Revenues? What portion of the event's proceeds will be kept by the local host? 100+ $7,000 $10,000 $3,000 or 30% The $3,000 will help cover the npconfing expenses of the 2005 3 on 3 basketball tournament. VENUE INFORMATION Proposed local venue: Location: Proposed Dates: Steel lake Park, SeaTac Mall and Aquatic Center Downtown Federal Way August '27, 28, 29, 2004 Have you confirmed the availability of the proposed dates at the primary venue: Yes Will you have a need for secondary or practice venues? No TOTAL VENUE RENTAL: (both competition and practice sites) Miscellenous equipment, electrical, golf carts, barricades. Estimate: $4,000. ($2,905.01 was 200l figure) ECONOMIC IMPACF How many participants will the event attract: arts and crafts vendors, 75 commercial ve~dors. How many teams/groups wild the event attract: 2(~ for the 5I( mn, 50 food vendors, 75 juried 100+ teams for the 3 on 3 basketball tournament How far away will the (athlete/participants) travel (local, regional,etc) How many spectators will the event attract: How far away will spectators travel from? How many support (staff, vendor, em) people will the event attract? 75 mile radius 20,000 to 30,000 for the entire 3 day festival. 75 mile radius 75- 200 Of the numbers listed above, what percentage will require overnight lodging? Participants: 10% Spectators: 5% Teams/Groups: 5% Event Staff: 1% Grant Amount Requested: $~o,ooo How will these grant funds be utilized? Promotion outside of the Federal Way market area. Examples: Advertising in 77 Community newspapers in Washington State highlighting this year's event. Over 1.3 million readers. Advertising the Festival's Events and Activities in Gail's Guide. Advertising the Festival and Activities in the Kitsap Entertainment Guide. Having several on-site radio promotions during the festival to encourage attendance and activities. Advertising the Festival and Activities on Kong and King T.V. Promoting the Festival and Activities on the local Northwest Afternoon Program. Promoting the Festival and Activities on the Federal Way Mirror website. Advertising the Festival on South King and Pierce County Buses. And other multi-media venues. Please list the other sources of financial support (sponsomhip, etc.) which you have pmued: Eagle Tire Committed: No Coldwell Banker AA Committed: No Top Foods Committed: No Amount: $1,500 Amount: $1,500 Amount: $L500 The undersigned certify the information provided above is true and accurate and any projections are based on history of similar evems and activities that ate available to the industry and adjusted to loc~ conditions. Applicant's Signature- ' Applicant's Title: / ~,~__. Description: Location: Attendance: Dates: Times: Location: A fun annual, City-wide event in Federal Way. Steel Lake Park, SeaTac Mall and Celebration Park 20,000-30,000 people August 27~, 28th and 29th, 2004 Friday, August 2Th-Opening Day 11 am- 10:00 pm Booth's and Carnival rides until 10:00 pm each day Saturday Parade: Starts at 11 am Saturday & Sunday: 11:00 am-10:00 pm Music and Booths Steel Lake Park There will be a festival at the Steel Lake Park that is targeted towards families and children. There will be booths for interactive fun for children, face painting, pony fides, large nylon zoo, fire trucks, police cars, schools, kids carnival, kids stage music, youth circus, bingo, floating hole in one, sand castle contest, food vendors, etc. This event can also tie in with the Dedication of the new and improved soccer fields at Steel Lake Park Shuttle: SeaTac Mall There will be commercial booths-sponsors, food vendors (Feast of Federal Way), juried arts and crafts vendors, face painting, full size carnival, main live music stage and a beer garden. The music will be at least two name bands--example: Muckleshoot Casino's band and Tuxedo Junction. Other music groups throughout the days will be from the local area. Also, there will be a 3-3 basketball tournament on the grounds plus Kids are People Too inside the mall. Celebration Park There is a baseball tournament scheduled for the entire weekend. We will be tying in with the tournament to inform the players to bring their families because of the huge events that will be happening at SeaTac Mall and Steel Lake Park. 5K-Run On Saturday morning, St. Francis Hospital will be sponsoring the 5K run. This will bring runners from all over the area to Federal Way and an opportunity to capture their attendance. FREE, from Mervyn's end of SeaTac Mall-Foundation House Buses and Life Care Center. Publicity: Metro Buses--S4,000 during the month of August. They will be in King and Pierce counties. Prior to the event we will be advertising the festival in 77 community newspapers in Washington State--over 1.5 million readers. Prior to the event we will be advertising a larger display ad promoting Festival Days in the following newspapers: Vashon Island and Kitsap County. Federal Way's Festival Days banners will be hung underneath the City of Federal Way's banners along 320th Street. KIXI and KMPS radio--on-site on Saturday, August 23~ and 24th, plus over 100 radio spots promoting this event. Gail's Guide and other festival and crafter directories Seattle Times/P.I., Tacoma News Tribune and the Federal Way Mirror Summer Guides Local Newspapers--press releases + Radio and TV (PSA) Signs and Banners throughout the community--Month of August 32,000 flyers/brochures in Lakehaven Utility District billing (Ready by June 1~t for insertion into the July/August mailing) Flyer in Money Mailer by mid-June for July/August mailing Booths at events prior to festival (4th of July, SeaTac Mall) GRANT APPLICATION RECEIVED BY OOM~,fUIkIF'F'Y DER,'ELOPMENT DEPARTMENT GRANT APPLICATION SEP g 9 2003 GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing this application. Please type or pdnt. Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your completed application to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: Debbie Kaufman/Board Member of the Federal Way Chamber of Commerce. ORGANIZATION: FEDERAL TAX ID: IS A QUALIFIED 501C ORGANIZATION: STREET ADDRESS: DAYTIME PHONE: FAX: OFFICIAL EVENT NAME: Federal Way Chamber of Commerce 91-6052468 Yes 1230 S. 336~ St. * Federal Way, WA 98003 253-925-5565 253-925-5750 Explore Federal Way Briefly describe the event (type of activity, male, female, co-ed, etc): Most of the Visitors Centers and chambers in the State of Washington have a visitor's type of booklet to promote tourism and to give them a reason to come and enjoy our beautiful city. In May 2004, the Federal Way Mirror produces a once a year booklet called Explore Federal Way. (See Attached C) This booklet includes community listings, clubs and organizations, parks, maps, activities, City Festivals, theatre, schools and churches. Everything you need to know about Federal Way and what it has to offer. This is a piece that this community uses to connect and be involved. This proposal is to print 25,000 to 30,000 additional copies and have them available in Portland Oregon, Eastern Washington and up to the border of Canada (Whatcom, Skagit and Island Counties). (See Attached D) Scope of Event: Regional Previous Hosts: N/A Has this event ever been held in Federal Way? N/A Has this event ever been held in King County? N/A Venue: N/A EVENT HNANCIAL INFORMATION N/A VENUE INFORMATION N/A ECONOMIC IMPACT N/A Grant Amount Requested: $16,000 For Version "A" $14,000 For Version "B" How will these grant funds be utilized.9 The grant will pay part of the costs of printing an additional 25,000-30,000 copies of the Explore Edition plus the cost of having the booklet available at Visitors Centers, Chambers, Hotels, Motels, etc via Certified Folder (based on Version A or Version B). This proposal is for three months--June, July and August. This is the height of the tourism season. With this grant, three pages of the booklet will be devoted to the City of Federal Way and upcoming 2004 events and welcomes that you would like to promote. The Grant request is for $16,000, which includes the following areas for distribution: OREGON Portland, Beaverton, Tigard, Hillsboro, McMinnviile, Wilsonville, Clackamas EASTERN WASHINGTON Wenatchee, Chelan, Leavenworth, Cashmere, 0mak Moses Lake, Ellensburg, Cie Elum Yakima, Walla Walla, Toppenish, Sunnyside, Richland Pasco, Kennewick Spokane, Cheney, Pullman NORTHERN WASHINGTON Bellingham, Mount Vernon, La Conner, Anacortes, Lynden Coupeville, Blaine, Sumas, Oak Harbor and the Military Bases (See Attached D for all cities and distribution) The Grant request is for $14,000, which includes the following areas for distribution: EASTERN WASHINGTON Wenatchee, Chelan, Leavenworth, Cashmere, Omak Moses Lake, Ellensburg, Cie Elum Yakima, Walla Walla, Toppenish, Sunnyside, Richland Pasco, Kennewick Spokane, Cheney, Pullman NORTHERN WASHINGTON Bellingham, Mount Vernon, La Conner, Anacortes, Lynden Coupeville, Blaine, Sumas, Oak Harbor and the Military Bases (See Attached E for all cities and distribution) The undersigned certify the information provided above is tree and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Apphcant's S~gnature~~ 2003 EXPLORE EDITION (Attachment C) DISTRIBUTION "D" i ~x / \ '~URLEY, ID. / B.W. ~urley Inn C \Cr~st Motel PRESTOI~ C ]za Motel :enters C Chamber Stations CI SODA ID. D Jr. lnn MeN D Park Motel C Super 8 M( Visitor C' Oregon Trail ]enter PORTLAND AREA (1-VM-2-NW/P) (Super Cities) TROUTDALE, OR. C Holiday Inn Express C Motel 6 C Phoenix Inn C Travelodge Visitor Centers CI Troutdale Chamber Campground/RV Pk CI Columbia Gorge RV Park CI Portland Fairview CI Rolling Hills RV Pk. GRESHAM, OR. C Best Inn & Suites C B.W. Pony Soldier Inn C Coachman Inn C Comfort Suites C Days Inn & Suites C Hampton Inn C Hawthorne Inn & Suites C Sheraton Four Points (2 rack location) C Shilo Inn C Sleep Inn Visitor Centers Cl Gresham Area Chamber PORTLAND, OR. C C C C C C C C C 5th Avenue Suites Aladdin Motor Inn Alderwood Inn Benson Hotel Best Inn & Suites / The Fortiner B.W. Inn at the Meadows B.W. Pony Soldier Cabana Motel Cameo Motel Carriage Inn C C C C C c C C C C C C C c C C c c C C C C C c C C C c C c C C C C c C C C C C C C C Chestnut Tree Inn C Clyde Hotel C Comfort Inn - NE Wasco C Comfort Suites - Airport C Comfort Suites - SW 60m Ave. C Courtesy Inn Motel Courtyard by C Marriott - Airport Courtyard by C Marriott- N. Harbour C Courtyard by C Marriott - Lloyd Ctr. Days Inn - Airport C Days Inn - North C Days Inn - City Ctr. C Del Rancho Motel C Doubletree - C Columbia C River C Doubletree- C Downtown C Doubletree-Janzten C Beach Doubletree - Lloyd C Center C Downtown Value Inn C Econo Lodge - Convention Center C Econo Lodge - 82"d C Econo Lodge - Airport Inn Econo Lodge - C NE Columbia Econo Lodge - N.E. C Sandy C Econo Lodge - Stark Embassy Suites C -SW Pine Street C Executive Lodge Fairfield Inn-Airport C Four Points Sheraton Fourth Avenue Motel C Governor Hotel Hampton Inn-Airport C Heathman Hotel C Hilton Executive Tower C Hilton Garden Inn - C Airport Hilton Hotel - C Downtown C Holiday Inn-Grand C Holiday Inn Express - Jantzen Beach C Holiday Inn Express C - NW Vaughn C Holiday Inn Express - Stark C Holiday Inn -Airport C Holiday Motel Hollywood Express C Hospitality Inn C Hotel Vintage Plaza Howard Johnson _ 82nd Inn at the Convention Center La Quinta Inn - Holman La Quinta Inn - Sandy Blvd. La Quinta Inn - Lloyd Center Mallory Motor Hotel Mark Spencer Hotel Marriott Hotel - Naito Parkway Marriott City Center Mel's Motor Inn Montavilla Motel Motel 6 -Stark Motel 6 - Powell Motel 6 - Schmeer Oxford Suites Prestige Inn Quality Inn - Sandy Radisson Hotel -Portland Airport Radisson - 2nd Ave Ramada Inn - 82nd Ramada Inn Rose Quarter Red Lion Inn - 102 Residence Inn by Marriott - Lloyd Center Residence Inn by Marriott - SW River River Place Hotel Roadway Inn & Suites - Airport Rose Manor Inn Sheraton Inn - Airport Shilo Inn - Canyon Road Shilo Inn - Convention Ctr. Silver Cloud - Airport Silver Cloud Inn - NW Vaughn States Motel Staybridge Suites - Glenn Widin9 Road Super 8 - Airport Thriftlodge Travel Inn - Burnside Travelodge - Powell Travelodge - City Ctr Travelodge - Sandy Blvd. Travelodge - Barber Thrift Lodge - Burnside Travelodge-NE 2nd Unicorn Inn Motel Page 18 C CI CI CI CI CI CI CI CI DI CI CI CI CI CI CI CI CI Cl CI CI Cl CI CI Cl CI CI United Corporate Housing Viking Motel Westin Visitor Centers AAA Auto Club - Market Children's Musuem 2® Generation Greyhound Bus Depot Lloyd Center Memorial Coliseum Oregon Zoo Oregon Zoo Info Center Portland Clean & Safe Visitor Ctr. Portland/Oregon Visitors Assoc. - (members only) Rose Garden - Ticket Office Rose Garden - 3rd Floor Info. Ctr. Rose Garden - 2® Floor N. Info. Ctr. Rose Garden - 2® Floor S. Info. Ctr. World Forestry Orr Car Rental Offices Avis Rent-A-Car Budget RAC-SW 4th Enterprise Rent-A- Car - Downtown Enterprise Rent-A- Car - Airport Hertz Rent-A-Car Thrifty Car Rental - Holman Thrifty Car Rental- Pine Street Campground/RV Pk Columbia River RV Park Jantzen Beach RV Restaurants Waddle's Military Bases Portland ANG - 939th Air Rescue Portland ANG - Cascade Rec.//491 CI Portland ANG - C Columbia Pointe C Club C CI Portland ANG - C Family Support Ctr. C CI Portland Navy C Shipyard -Assn. For Sea Service C FOREST GROVE, OR. C B.W. Rama Inn & Suites C Travelodge Suites Visitor Centers CI Forest Grove Chamber BEAVERTON, OR. Embassy Suites Homestead Village Howard Johnsons Motel 6 Phoenix Inn Red Roof Inn - McEwan Shilo Inn - Wa. Sq. Visitor Centers CI Tigard Chamber CANBY, OR. C Econo Lodge Campground//RV Pk CI Riverside RV Park DAYTON, OR. C B.W. Greenwood Inn C Budget Inn Beaverton CI C Courtyard by Marriott C Faidield Inn C Hilton Garden Inn C Homewood Suites C C Lamplighter Inn C C Peppertree Motor Inn C C Phoenix Inn C C Ramada Inn C Val-U Inn C C Visitor Centers C C CI AAA Beaverton C DI Beaverton Chamber CI CVB of Washington County CI GLADSTONE, OR. CI C Budget Inn C Oxford Suites KING CITY, OR. C B.W. Northwind Inn & Suites ALOHA, OR. C Best Inn & Suites TIGARD, OR. C Courtyard by Marriott C Days Inn - SW Pacific -Campground/RV Pk Portland-Dayton RV Park HILLSBORO, OR Candlewood Suites Courtyard by Marriott Dunes Motel Residence Inn By Marriott Town House Motel Towne Place Suites Travelodge Wesley Inn Wingate Inn Visitor Centers Endless Travel Hillsboro Chamber Car Rental Offices CI Avis R-A-C NORTH PLAINS, OR. Visitor Centers CI North Plains Chamber MILWAUKIE, OR. C Econo Lodge C Milwaukie Inn LAKE OSWEGO, OR. C Crowne Plaza C Fairfield Inn C Hilton Garden Inn C Lakeshore Motor Hotel C Phoenix Inn C Residence Inn by Marriott C Travelodge Visitor Centers CI AAA Oregon NEWBERG, OR. C B.W. Newberg Inn C Shilo Inn C Towne & Country C Travelodge Suites Visitor Centers CI Newberg Chamber MC MINNVILLE, OR C B.W. Vineyard Inn C Paragon Motel C Red Lion Hotel C Safari Motor Inn SANDY, OR. C B.W. Sandy Inn TUALATIN, OR. C La Quinta Inn & Suites C Ramada Limited C Shilo Inn - Exit 290 C Sweetbrier Inn Restaurants · CI Village Inn Campground/RV Pk CI Trailer Park of Portland CI Roamers Rest RV WOOD VILLAGE, OR. C B.W. Rama Inn Service Stations CI Arco AM/PM Page 19 WILSONVILLE, OR_. C C C B.W. Willamette Inn C C Comfort Inn C C Days Inn & Suites C Holiday Inn Select C C Phoenix Inn C C Snooz Inn C C Super 8 C Campground/RV Pk C CI Pheasant Ridge RV AURORA, OR. Campground/RV Pk CI Isberg RV Park OREGON CITY, OR. C The Rivershore Visitor Centers CI End o[ the Oregon Trail CI Oregon Tri-City Chamber CLACKAMAS, OR. C B.W. Sunnyside Inn C Clackamas Inn C Comfort Suites C Courtyard by Marriott C Days Inn C Hampton Inn C Monarch Motor Hotel Visitor Centers CI AAA Oregon CI North Clackamas Chamber (2 rack location) C C c C C c C C C CI CI CI CI HI Comfort S,uites Cozzy Inn ".,, Days Inn Economy Inn Holiday Inn Exp~hss Holiday Lodge ",. Motel 6 Phoenix Inn - S. Salem Phoenix Inn - N. Salem Red Lion Inn Residence Inn Rodeway Inn Salem Inn Shilo Inn Suites Super 8 Motel Tiki Lodge Traveler's Inn Motel Travelodge Visitor Centers CI CI CI CI AAA Tour Office B.W. New Kings Inn - Convention Ctr. Oregon State Legislature Salem Riverfront Carousel Salem Visitor Center C SALEM, C C C B.W. ~i~Creek Inn C B.W/Nev~Kings Inn C C B.W//: Pacif~ Hwy C ~nry \ c C City Center Mbtel C Campground/RV Pk Phoenix RV Park Salem Campground Salem RV Park Car Rental Offices Avi~' R-A-C Restaurants CI Chalet Restaurant & Bakery CI Village Inn / Restaurant / / / / ALBANY, OR. / / B.W. Pony S~/dier Budget Inn Comfort Suits Days Inn / Holiday Inr)' Express La OuintaJnn & Suites ! Motel 6 i Phoenix Inn Relax Inn 8, Suites Valu InnlNendel's / / Campground/RV Pk EUGENE AREA/ CI Blue Ox RV Park (1-VM-I-NW/E)// Car Rental Offices / PHILOMATH, O CI American al?'e~M Motorcycle C G otel Visitor Centers CORVALLIS', OR. '~ Albany Visitors C /W. Grand ,. Center /Manor Inn "",, C / Corvallis Budget Inn KEIZER, OR. C / Econolodge · "~ C ,7 Holiday Inn Express x W' C '.,~ ittenbur9 Inn C/ Jason Inn ', ~ Motel Orleans .~ Restaurants /C Ramada Inn "'~ / C Shanico Inn C G,halet Restaurant / C Super8 T NER '" / C Townhouse UR , O~. / Motor Inn Camt~ground/P,X/Pk Visitor Centers CI Forest ~!en/~V Pk CI AAA lout _WOODBURN~ OR.~. HALSEY, OR. C B.W. W/dO,urn C B.W. Pioneer C Fairwa/~ Inn~ Lodge C La O~1nta Inn ~ Suit,Cs ~ EUGENE, OR. C Su/er 8 Motel '~ ~ '~ C B.W. Greentree ~ampground/RV Pk Motel ~ x~ C B.W. New Oregon / CI / /Woodburn RV Park ~ Motel , ~ Days Inn .,/ Restaurants ~, Best Value Inn / C ',\ Budget Host CI/ Patterson's Family , Motor Inn / Restaurant C ~ Country Squire Inn ¢1 Plush Pippen C ~ Courtesy Inn Grill C Eugene Motor ~Lodge Visitor Centers C ~xecutive House C I~mpton Inn CI Woodburn C Hilton Inn Chamber C La ~uinta Inn & Suite'~ SILVERTON, OR C Manor~clotel C Motel 6\ Visitor Centers C Parkway'~nn C Phoenix I~n CI Oregon Garden H Quality Inn'& Suites SUBLIMITY, OR. C Ramada Inn C Red Lion C B.W. Sunrise Inn Motor Inn Residence Inn by Marriott Campground/?V Pk C C C C C C C Auburn Mo! B.W, Pepp ;rtree Comfort In Days Inn Microtel Ir Nendels Valu Inn lters CI ;hamber of CI all of the ocation) C qtal Offices Cl AY CI Her! PACIFIC ent-A-Car - Harvey Rd. C FEDERAL C C C C C C C C C C CI CI Kinl ?scar Motel B.V~. 13,xecutel Co~nfoq Inn - Pa~cific I[Iwy C~lurtya~'d by Mprriott ~- Gateway F~deral ~Nay Motel Hpliday I~n Express ~SP~r 8 1°tel- /rravel Inn~otel !Travelodg~ 328th Visitor Gert is Dumas Bay C[entre Federal Wayx Chamber BELLINGHAM/I-5 (I-VM-2-NW/BE) (Super Cities) MT. VERNON, WA. C B.W. Cottontree Inn C B.W. College Inn C Comfort Inn C Days Inn CI C Kwik-N-Kleen C Tulip Valley Inn CI C West Winds Motel Visitor Centers gl Mt. Vernon Chamber gl Skagit Valley Tulip Festival CI Skagit Valley College CI Snow Goose C Produce C C Restaurant C CI Farmhouse Inn Campground/RV Pk CI CI CI Riverbend Park CI G.REENBANK, WA. CI Visitor Centers CI Greenbank Farms LA CONNER, WA. CI CI Visitor Centers CI La Conner Chamber CI Shirt Works Info Center SEDRO WOOLLEY, WA. C C Skagit Motel C C Thr6e Rivers Inn & C Restaurant C C Visitor Centers C C CI Sedro Woolley Chamber BIRCH BAY, WA. CI Camp_ground/RV Pk CI CI CI Ball Bay View RV Park CI Beachside RV Park CI Birch Bay Resort Park CI CI World Mark CI Visitor Centers " CI Benchwood State Park Store Birch Bay Reservations Zany Photo & Birch Bay Chamber FREEI:.AN D, WA. Visitor Centers CI Freeland Chamber BURLINGTON, WA. Cocusa Hotel Holiday Inn Express Mark II Motel Sterling Motor Inn Visitor Centers Cascade Mall Prime Outlet Center Prime Outlet Center - Annex Skagit Valley Con/Vis Bureau Service Station Cook Road Tessoro Cook Road Texaco Campground/RV Pk Cl Burlington KOA ANACORTES, WA. Cl CI Visitor Centers Lynden Chamber Lynden Station Restaurants Starving Sam's Campground/RV Pk Hidden Valley RV Park BOW, WA. C Skagit Valley Casino Resort CI Campground/RV Pk Thousand Trails BELLINGHAM, WA. C C C C C C C C C C C C C Anacortes Inn C Country Corner Inn C Fidalgo Country Inn C Gateway Motel C Paul's Motel C The Majestic Inn C The Marina Inn C C Visitor Centers Anacortes Visitor Information Center CI San Juan Lanes CI Swinomish Northern Lights Casino CI CI CampgroundlRV Pk CI Fidalgo Bay Resort CI Pioneer Trails Campground LYNDEN, WA. C Windmill Inn Motel Aloha Motel Bay City Motor Inn Bellingham Inn B.W. Heritage Inn B.W. Lakeway Inn Chrysalis inn & Spa Coachman Motel Comfort Inn Days Inn Hampton Inn Holiday Inn Express Motel 6.Byron St. Quality Inn Baron Suites Hotel Ramada Inn Rodeway Inn Shamrock Motel Shangri-La Motel Travel House Inn Travelodge Valu Inn Motel Villa Inn Visitor Centers AAA Bellingham Amtrak Fairhaven Station Bellingham Airport Beliingham Con/Vis Bellingham Cruise Terminal Bellingham/ Whatcom Chamber CI Campground/RV Pk Bellingham RV Park Page 6 .CONWAY, WA. C Skagit Barn Service Stations Cl 76 Unocal Service Station COUPEVlLLE, WA. C Coupeville Inn Restaurants Cl Casey's Cove Restaurant Gl Penn Cove Rest. Visitor Centers Cl Central Whidbey Chamber CUSTER, WA. Visitor Centers Custer VIC (summer) CI Peace Arch Factory Outlet Mall BLAINE, WA. C Anchor Inn Motel C Bayside Motor Inn C Beachwood Resort C Cabana Club Condos C Caf(.~ and International Motel C .Naco West Resorts C Semiahmoo Resort Visitor Centers CI Ammex Duty Free - 12th gl Ammex Duty Free - C Street CI Blaine Visitor Information Center Service Stations CI Crazy Dazy Cl Toad's Mobile Express Mart SUMAS, WA. C B&B Border Inn Visitor Centers CI CI Pay & Run Store CI CI Sumas Chamber Campground/RV Pk Cl CI Bellingham RV Resort EVERSON, WA. CI Visitor Centers C Everson Chamber CI FERNDALE, WA. CI C Executive Inn Express C Scottish Lodge C Super 8 Motel Cl Campground/RV Pk CI AA RV Park CI The Cedar's RV CI Resort CI Nor'West RV Park CI Visitor Centers CI CI EZ Mart CI Ferndale Visitor Center CI Car Rental Offices CI CI El Monte RV Rental (2 rack location) Cl NOOKSACK, Restaurants CI C Starvin9 Sams OAK HARBOR, WA. Cl C Acorn Motor Inn C B.W. Harbor Plaza C Navy Lodge CI C C)ueen Ann Motel Campground/RV Pk CI CI North Whidbey Park Cl Sunrise Resort CI Westgate Homes & CI RV Center Visitor Centers CI CI Dugualla Bay Farm Oak Harbor ChamberNIC Oak Harbor Travel Service Stations DK Market Restaurants Pizza Factory Military Bases LANGLEY, WA. Visitor Center CI Langley Visitor Center TACOMN / I OLYMPIA ARIMA I (1-VM-1-NW?) w^/ NAS - Main Gate Whidbey Island : B.W. La~.e. wood Inn NAS BEC)//379 C Biltmore/Motel Barracks #1 C Budget/Inn Whidbey Island C Coloni~ll Motel NAS BEQ//373 C Golde~Lion Barracks #7 Motorllnn Whidbey Island C Howa~'d Johnson BOO//11 Bid9. 38t Expr(~ss Whidbey Island C Ramf~da Inn BOQ #2527 C Trav~lodge Whidbey Island / MWR Bldg. 2556 Visitbr Centers Norwester Club Whidbey Island CI G's Casino NAS Terminal CI ~wood Chamber Whidbey Island CI -Lite Swap 'n' Naval Air Stn BOQ Bldg.//973 Whidbey Island GIG HAR WA. Naval Air Stn BOQ #2 Bldg. 378 C 13 Wesley Inn of Whidbey Island G Harbor NAS BOQ #5 - C at Gig Harbor Bid9. 375 Whidbey Island )r Centers Naval Air Stn Barracks//6 - CI Bid9, 374 ;Mia Chamber Naval Air Stn Barracks//8 - ~und/RV Pk Bids 360 Whidbey Island CI ar RV Naval Air Stn Barracks #12 Bldg. 2551 Whidbey Island Naval Air Stn C B.W. co~a Inn Barracks//3 C Comfort Inns- Bldg. #377 Hosmer \ Whidbey Island C Days Inn - TaComa Naval Air Stn Mall \ Barracks//4 C Econo Lodge --~ Bid9, 376 S. Hosmer\ Whidbey Island C Holiday Inn \ Naval Air Station Express-Hosme~ BEQ #2701 ,C King Oscar Mote~, Whidbey Island C La Quinta Family Housin9 C Motel 6 #130 C Plum Drifthouse \ Page 7 Ca~pground/RV Pk ABERDEEN, WA. Activek~E nterprise C Aberdeer Inc. ~ Inn B & B Ma & Pa'~Pacific C Guest HO RV Park ~ & Suites Sandcastle I~/Park C Nordic Inf ~ Conventil &YLAND, WA. ~ C Olympic I! ~ C Red Lion Visitor Centers ~ C Thunderb ~ '~ C Trave-Lur Cranberry Coast ~. Motel wc \ ~ Visitor Cz Campground/RV Pk ~ '- CI ~ Aberdeef Kenanna RVPark _. '~ Center/M Cl \Grays H, <ELAND, WA. 'Chambe Visitor Cef Mansion CI Coast Jse Inn Center Motel irdMotel ters Tr~]dewinds on the Bay UTH BEND, WA. Restaurants Boon,docks Es ;so Boc Restaurant IACO, WA: Harbor Lights Motel ELMA, W A.A...~ VISItOr, Gl Elma Ct Image CI Elma Center CI Grays Cam CI Park Visitor Centers Ilwaco Market, Inc. CI Senior lseum rbor al Offices Campground/RV Pk HO( Eagle Nest Re'sort Oban Vista RV Park AVIEW, WA.. Seaview Coho Motel ThousandTr ; ;e Hoquian's Castle Sandsto~e Motel Timberlk . Inn Westwm Inn MOCLIPS, WA. Hi-Tide ( :ean Beach R~ sort Ocean Cr ;st Resort EAN C C w Resort Surfsid Cam round/RV Pk O n Park Retreat Center OCEAN CITY Cam ~d/RV Pk Leisure Ti Oceana ;sortl Ocean Sh )res Resort CI CI Cham OCEAN SH( C hthouse C 'Inn C t Inn Express C Mr. Sandman Inn C Ocean Shores Mtl. C Quality Inn C Sands Resort C Shilo Inn C Windjammer Resort Worldmark the Club Visitor Centers CI Ocean Shores VIC Cl Silver King Resort PACIFIC BEACH, WA. Military Bases CI MWR Pacific Beach Resort & Conf. Ctr. COPALIS BEACH, Pk C Beachwood Resort Restaurants CI Green Lantern Tavern WA. Chalet Westport ' C Shipwreck Motel Visitor Centers Ct Coho Charters of ~/estport CI V~estpordGrayland C?mber Ca~ground/RV Pk CI Amer~an Sunset · RV R e'~o rt Cl U,S. Coas~ Guard S..ta. - Ora~/~ Harbor MONTES~NO, WA.. ~ C Monte Square Visitor Centers C Montesano VCB NORTH CENTRAL WASHINGTON (1 -VM-1 -NW/N CW) (' indicates seasonal location) WENATCHEE, WA.. C Avenue Motel C Best Western Chieftain Inn C Comfort Inn C Holiday Lodge C Holiday Inn Express C La Quinta C Mickey O'Reilty's Inn at the River C Motel Lyles C Orchard Inn C Red Lion Hotel C Starlite Motel C Welcome Inn CI Cl CI Cl Airports Pangborn Airport Visitor Centers AAA Auto Club Pizza & More Wenatchee VIC CHELAN, WA. C B.W. Lakeside C Caravel Motel Darnells Motel C Midtowner Motel Restaurants CI Apple Cup Cafe CI JR's CI The Depot Rest. MANSON, WA. C Reed Shoreline Village Inn Vlsi[or Centers CI frill Bay Casino Page 11 LEAVENWORTH, WA. C Bindlestiff's Cabins & Motel C . Blackbird Lodge C Der Ritterhor Motor Inn C Icicle Inn C Leavenworth Village Inn C Obertal Motor Inn C Wedge Mtn. Inn Visitor Centers CI Destination Leavenworth CI Leavenworth ViC CI Smallwood Harvest Sporting Goods CI Icicle Junction EPHRATA, WA. C Lariat Motel CASHMERE, WA. C Village Inn Motel CRESCENT BAR, WA. Campground/RV Pk CI Leisure Time Resort OROVILLE, WA. C Camaray Motels C · Red Apple Inn Visitor Centers CI Oroville C of C TONASKET, WA. C Red Apple Inn Visitor Centers CI Tonasket C of C Service Station CI The Junction OMAK, WA. C Stampede Motel BREWSTER, WA. C Apple Avenue Motel PATEROS, WA, C Lake Pateros Motor Inn 1-90 CORRIDOR C Ellensburg Inn C 1-90 Motel C Lighthouse Motel C Nites Inn Motel C Super 8 Motel C Thunderbird Motel C Travelers Regalodge (I-VM-1 -NW/ICR) MOSES LAKE, WA. J./ Visitor Centers CI Ellensburg Chamber Service Stations CI Flying J Travel C El Rancho Motel Plaza ' C Holiday Inn Express C Imperial Inn CLE ELUM, WA. C Inn at Moses Lake C Lakeshore Motel C Cascade Mountain C Lakeside Motel Inn C Maples Motel C Chalet Motel C Motel 6 C Cie Elum Travelers C Oasis Inn Inn C Sage & Sand Motel C Stewart Lodge C Shilo Inn C Timber Lodge Inn C Sunland Motor Inn C Wind Blew Inn C Super 8 Motel C Travelodge Visitor Centers Campground/RV Pk Cl Cie Elum VIC CI Sunrise-Pier Four Restaurants Visitor Centers CI Moses Lake Chamber Grant Cgunty VIC GEORGE, WA. Visitor Centers Gl' George Visitor Ctr. Restaurants CI Martha's Inn QUINCY, WA. C Sundownbr Motel ELLENSBURG, WA; C Best Inn C B.W. Lincoln Inn & Suites " C Comfort Inn of Eliensburg C Harold's Motel Cl Cottage Cafe CI Homestead Rest. CI Sunset Cafe YAKIMA TRI CITIES AREA (1 -VM-1 -N W/YAK) PROSSER, WA. C Grandview Motel C Horse Heaven Travel Plaza C Prosser Motel Restaurants CI Blue Goose Restaurant WALLA WALLA, WA. C B.W. Walla WalJa Suites Inn C Budget Inn C Capri Motel C City Center Motel C Colonial Motel C Holiday Inn Express C Howard Johnson Express C La Quinta Inn C Super 8 Motel C Travelodge Visitor Centers CI AAA Auto Club CI Walla Walla Chamber CI Walla Walla Greyhound Campground/RV Pk CI Four Seasons RV MILTON.FREEWATER, OR. C Morgan Inn Visitor Centers Ct Milton-Freewater Chamber CI Milton-Freewater Community Center _'/'AKIMA, WA. C C C C C C C C C C C C C C C C C C C C AIIstar Motel B.W. Peppertree Inn Bali Hal Motel Big Valley Motel Cedars Inn & Suites Comfort Suites Doubletree Inn Economy Inn Holiday Inn Express Lion's Inn Motel 6 #0208 Nedels Inn Oxford Inn Oxford Suites Quality Inn Red Apple Motel Red Carpet Motor Inn Tourist Motor Inn. Westcoast Gateway Hotel Westcoast Yakima Center Western Motel Yakima Inn Page 12 Visitor Centers CI CI CI AAA Auto Club Western Recreation Vehicles, Inc. Yakima Con/Vis Cl Campqround/RV Pk KOA of Yakima ZILLAH, WA. C Comfort Inn TOPPENISH, WA. C B.W. Lincoln Inn C El Corral Motel C Oxbow Motor Inn Visitor Centers C Shilo Inn - Rivershore Visitor Centers CI Columbia River Exhibition CI Richland Chamber CI West Richland Chamber PASCO, WA. C C C C C C Cl CI Toppenish Chamber CI CI Yakama Indian Nation Cultural Ctr. CI CampgroundlRV Pk Yakama Nation RV Cl SUNNYSIDE, WA. C Country Inn & Suites C Rodeway Inn. Sunnyside C Sunvalley Inn C Town House Motel Visitor Centers CI Sunnyside Chamber CI Westfarm Foods Restaurants Cl Marie's Country Kitchen CI Sunny Spot Restaurant RICHLAND, WA. C Battelle Motel C Royal Inn C Bali Hi Motel C Days Inn C Economy Inn C Hampton Inn C Motel 6 C Red Lion Hartford House Airport Motel Budget Inn - Pasco Sage 'N Sun Motel Sleep Inn Thunderbird Motel Vineyard Inn Visitor Centers Broadmoor Pk. Outlet Mall Pasco Transportation Ctr. Greater Pasco Area Chamber Campground/RV Pk Cl Sandy Heights RV Park IRRIGON, OR C GRANDVIEW, WA. C Apple Valley Motel Visitor Centers CI Grandview Chamber UNION GAP, WA. C B.W. Ahtanum Inn C Super 8 Motel Visitor Centers CI Valley Mall SPOKANE AREA (I-VM-2-NW/SP) (Super Cities) SPOKANE WA. C C C C C C Campground/RV Pk C C Green Acres RV C Park & Resort C KENNEWICK, W~ C C Best Value- C Clearwater Inn C B.W. Kennewick Inn C C Clover Island Inn C C Comfort Inn C C Fairfield Inn C Green Gables Motel C C La Quinta Inn C Nendel's Motor Inn C C Super 8 C Tapadera Inn C C Travelodge of C Kennewick C Westcoast Columbia Center C Campground/RV Pk C C CI Columbia Park Campground C C C C C C C C C C C C C D C C C C C Airway Express Inn C Apple Tree Inn C Bel-Air Motel 7 C Bell Motel C B.W. Peppertree C Inn - Geiger B.W. Peppertree C Liberty Lake Inn B.W. Pheasant Run C B.W. Thunderbird C Boulevard Motel Broadway Inn & C Suites - Bid9 1 C Broadway Inn & Suites - Bid9 2 C Budget Inn - C 4m Ave Budget Saver Motel Cedar Village Comfort Inn - Division CI Comfort Inn - Sullivan CI Courtyard by CI Marriott Cl Days Inn - Airport Doubletree - Spokane Falls (2 rack location) CI Doubletree Inn - Sullivan CI Downtowner Motel Fairfield Inn by CI Marriott Hampton Inn 'CI Holiday Inn CI Express- Division Holiday Inn Express-Mission Howard Johnson La Quinta Inn Liberty Motel Maple Tree Motel & RV Park Motel 6- Hutchinson Motel 6- Rustle Oxford Inn & Suites Valley Mall Oxford Inn & Suites Indiana Quality Inn - Oakwood Quality Inn Valley Suites Ramada Inn - Airport Ramada Limited - Post Ramada Suites Ltd. - Newport Red Top Motel Residence Inn Rodeway Inn Royal Scot Motel Select Inn Shangri-la Motel Shilo Inn Spokane House Sunset Inn Super 8 Motel - Argonne Super 8 Motel - Westbow The Madison Inn Tradewinds - Downtown Travelodge Westcoast Ridpath Hotel West Wynn Motel Westcoast Grand Ir~n - North River Airports Felts Field Aviation- Executive Lounge Felts Field Aviation Spokane Airway-S. Spokane Airway-N. Visitor Centers AAA Auto Club-4th Ave. AAA Auto Club- E. Sprague AAA Auto Club - Division Crosby Student Ctr. AAA Auto Club - Valley Branch Page 13 CI Eagles Ice-A-Rena Visitor Centers CI Northtown Mall CI Northwest Museum CI Ritzville Chamber of Arts & Culture Of Commerce CI Planet Ice CI Playfair Race GREEN ACRES, WA. Course CI Riverfront Park C Alpine Motel/nv Pk Carousel CI Riverfront Park - AIRWAY HEIGHTS, WA. IMAX Building CI Spokane ConNis C All Seasons Motel Ct Spokane Intermodal C Bell Motel Facility C Lantern Park Motel CI Spokane Valley C Microtel Inn & Mall Visitor Center Suites CI Wild Walls, Inc. C Solar World Estates CI Wonderland-USA Car Rental Offices Cl Divine Corporation CI Dollar R.A.C. Thrifty Car Rental - East Restaurants Cl Crossroads CI Frankie Doodle's CI Campground/nV Pk Trailer Inns RV Pk. Service Stations Express West - Shell CI Hi-Co Villa9e - Baker Cl. Hi-Co Village - Newport CI Hi-Co Village Newport Hwy - Spra§ue SPRAGUE, WA. C Fox's C Spra9ue Motel & RV Park Visitor Centers CI Sprague City Hall RITZVIL.LE, WA. C C C C Colwell Motor Inn La Quinta Inn Top Hat Motel Westside Motor Inn Visitor Centers CI Longhorn BBQ Military Bases Cl Fairchild AFB - Billetin9 Bid9. 2392 Cl Fairchild AFB nec/Center Bldg. 2185 CI Fairchild AFB - TLQ Bldg. 2399 CI Fairchild AFB - Survival Inn - Bid9. 1252 ROCKFORD, WA~ C Rockford Chamber USK, WA. Campground/nV Pk CI Skookum Rendezvous RV Pk MEAD, WA. CI CampgroundlRV Pk AIderwood RV Resort CHENEY, WA. Willow Springs Motel CI Visitor Centers West Plains Chamber Campground/nV Pk CI Yogi Bear RV Park CLARKSTON, WA, C Hacienda Lodge C Motel 6 C Quality Inn Campground/nV Pk CI Granite Lake RV CI Hillview RV Park COLFAX, WA. Visitor Centers CI Colfax Chamber CI Whitman County Economic Development Council Restaurant Cl Ney's Wheat'N'Barley STEPTOE, WA C Wheel Inn Motel PULLMAN, WA. C American Travel Inn C Cougar Land Motel C Hawthorn Inn C Holiday Inn Express C Nendel's C Paradise Creek - Quality Inn Visitor Centers Cl Pullman Chamber Airports CI Pullman-Moscow Airport Restaurants CI Hilltop Restaurant LIBERTY LAKE, WA. C Comfort Inn & Suites RV Sales/Service Foretravel NW Page 14 /'~ DISTRIBUTION Ca~pground/RV P~ ABERDEEN, WA. ActivekEnterprise C Aberdee~ Mansion Inc. ~ Inn B & E M,~'& Pa'~acific C Guest H( Jse Inn RV Park ~ & Suites Sandcastle RV Park C Nordic Im ~ Conventi( Center AYLAND, WA.. ~ C Olympic I iff Motel ~ '~, C Red Lion Inn Visitor Cente[.s_ '~ C Thunderbird Motel ~ C Trave-Lul Cranberry Coast ~ Motel VIC \ ~ Visitor C, nters Campground/RV Pk '~ '- CI ~, Aberdee~ Senior Kenanna RV Park CI ~, rborJSeum KELAND, WA. Tr~dewinds on the ELMA Bay Visito UTH BEND, WA. CI Elma c Restaurants Image CI Elma Boon~docks Center Es ,so CI Grays t Boondc Restaurant Cam IACO, WA. CI Harbor Lights Motel Visitor Centers CI Ilwaco Market, Inc. ,tal Offices ;e Campqround/RV Pk HO( Eagle Nest Re'sort C Oban Vista RV Park AVIEW, WA. C Hoquia~ 's Castle Sandstc ~e Motel Timberli~ le Inn Westwa, Inn Seaview Coho Motel MOCLIPS, WA. C Hi-Tide :ean Cam Pk Beach R( sort C Thousand Tr; ~ Resort EAN PARK OCEAN Sunset Resort Suffsid Cam/ground/RV Pk Gl CI Oc(}an Park Retreat Center Cam Pk Leisure Ti~ Oceana ~sort I Ocean Sh )res Resort Visitor Cel ers CI Cham Coast OCEAN SH( WA. C L Lighthouse C Inn C Inn Express C Mr. Sandman Inn C Ocean Shores Mtl. C Quality Inn C Sands Resort C Shilo Inn C Windjammer Resort Worldmark the Club Visitor Centers C Montesano VCB NORTH CENTRAL WASHINGTON (1 -VM-1 -N WIN CW) indicates seasonal location) WENATCHEE, WA. C Visitor Centers C el Ocean Shores ViC C Cl Silver Kin9 Resort C C PACIFIC BEACH, WA. C C Military Bases C MWR Pacific Beach C Resort & Conf. Ctr. C C COPALIS BEACH, ~'A. C CI Pk C Beachwood Resort Restaurants CI CI Green Lantern Tavern WA. C~ Chalet Westport C~ Shipwreck Motel Visitor Centers CI ~.C..oho Charters of ~A/estport CI ~estpordGrayland Cl~mber Can~groundlRV Pk CI Amer~an Sunset M~itary ~ases CI U.S. Coa~ Guard Sta. - Gra~Harbor MONTES~NO, W~ ~ C Monte Square Avenue Motel Best Western Chieftain Inn Comfort Inn Holiday Lodge Holiday Inn Express La Quinta Mickey O'Reilly's Inn at the River Motel Lyles Orchard Inn Red Lion Hotel Starlite Motel Welcome Inn Airports Pangborn Airport Visitor Centers Cl CI CI AAA Auto Club Pizza & More Wenatchee VIC CHELAN, WA. C C C' C B.W. Lakeside Caravel Motel Darnells Motel Midtowner Motel Restaurants CI CI Cl Apple Cup Cafe JR's The Depot Rest. MANSON, WA. C Reed Shoreline C* Village Inn Visitor Centers CI , Mill Bay Casino Page 11 LEAVENWORTH, WA. C Bindlestiff's Cabins & Motel C Blackbird Lodge C Der Ritterhor Motor Inn C Icicle Inn C Leavenworth Village Inn C Obertal Motor Inn C Wedge Mtn. Inn Visitor Centers CI Destination Leavenworth CI Leavenworth VIC CI Smallwood Harvest Sporting Goods CI Icicle Junction EPHRATA, WA. C Lariat Motel CASHMERE, WA. C Village Inn Motel CRESCENT BAR, WA. Campground/RV Pk CI Leisure Time Resort OROVILLE, WA. C Camaray Motels C - Red Apple Inn Visitor Centers CI Oroville C of C TONASKET, WA. C Red Apple Inn Visitor Centers CI Tonasket C of C Service Station CI The Junction OMAK, WA. C Stampede Motel BREWSTER, WA. C EIlensburg Inn C 1-90 Motel C Apple Avenue Motel C Lighthouse Motel C Nites Inn Motel PATEROS, WA, C Super 8 Motel C Thunderbird Motel C Lake Pateros Motor C Travelers Inn Regalodge Visitor Centers 1-90 CORRIDOR ./ (I-VM-1 -NW/ICR) MOSES LAKE, WA. CI Ellensburg Chamber Service Stations CI Flying J Travel El Rancho Motel Plaza Holiday Inn Express Imperial Inn CLE ELUM, WA. Inn at Moses Lake Lakeshore Motel C Cascade Mountain Lakeside Motel Inn Maples Motel C Chalet Motel Motel 6 C Cie Elum Travelers Oasis Inn Inn Sage & Sand Motel C Stewart Lodge Shilo Inn C Timber Lodge Inn Sunland Motor Inn C Wind Blew Inn Super 8 Motel Travelodge Visitor Centers Campground/RV Pk Cl Cie Elum ViC C Budget Inn C Capri Motel C City Center Motel C Colonial Motel C Holiday Inn Express C Howard Johnson Express C La Quinta Inn C Super 8 Motel C Travelodge Visitor Centers CI AAA Auto Club CI Walla Walla Chamber Gl Walla Walla Greyhound Campground/RV Pk CI Four Seasons RV MILTON-FREEWATER, OR. C Morgan Inn Visitor Centers CI Milton-Freewater Chamber CI Milton-Freewater Community Center Sunrise-Pier Four Restaurants YAKIMA, WA. Visitor Centers CI Moses Lake Chamber Grant County VIC GEORGE, WA. Visitor Centers CI* George Visitor Ctr. CI Cottage Cafe CI Homestead Rest. CI Sunset Cafe YAKIMA TRI CITIES AREA (1-VM-1-NW/YAK) PROSSER, WA. C Grandview Motel C Horse Heaven Travel Plaza C Prosser Motel Restaurants CI Blue Goose Restaurant WALLA WALLA, WA. C B.W. Walla WalJa Suites Inn Restaurants CI Martha's Inn QUINCY, WA. C Sundowner Motel ELLENSBURG, WA. C Best Inn C B.W. Lincoln Inn Suites C Comfort Inn of Ellensburg C Harold's Motel C C C C C C C C C C C C C C C C C C C C AIIstar Motel B.W. Peppertree Inn Bali Hal Motel Big Valley Motel Cedars Inn & Suites Comfort Suites Doubletree Inn Economy Inn Holiday Inn Express Lion's Inn Motel 6 #0208 Nedels Inn Oxford Inn Oxford Suites Quality Inn Red Apple Motel Red Carpet Motor Inn Tourist Motor Inn Westcoast Gateway Hotel Westcoast Yakima Center Western Motel Yakima Inn Page 12 Visitor Centers CI cI cI AAA Auto Club Western Recreation Vehicles, Inc. Yakima Con/Vis CI Campground/RV Pk KOA of Yakima ZILLAH, WA. C Comfort Inn TOPPENISH, WA. C B.W. Lincoln Inn C El Corral Motel C Oxbow Motor Inn Visitor Centers C Shilo Inn - Rivershore Visitor Centers CI Columbia River Exhibition CI Richland Chamber gl West Richland Chamber PASCO, WA. C C C C C C Cl CI Toppenish Chamber CI CI Yakama Indian Nation Cultural Ctr. CI Campground/RV Pk Yakama Nation RV Cl SUNNYSIDE, WA. C Country Inn & Suites C Rodeway lnn- Sunnyside C Sunvalley Inn C Town House Motel Visitor Centers Cl ~;unnyside Chamber CI Westfarm Foods Restaurants Cl Marie's Country Kitchen CI Sunny Spot Restaurant RICHLAND, WA. C Battelle Motel C Royal Inn C Bali Hi Motel C Days Inn C Economy Inn C Hampton Inn C Motel 6 C Red Lion Hartford House Airport Motel Budget Inn - Pasco Sage 'N Sun Motel Sleep Inn Thunderbird Motel Vineyard Inn Visitor Centers Broadmoor Pk. Outlet Mall Pasco Transportation Ctr. Greater Pasco Area Chamber Campground/RV Pk Ct Sandy Heights RV Park IRRIGON, OR Campcjround/RV Pk C Green Acres RV Park & Resort KENNEWlCK, WA-. C Best Value- Clearwater Inn C B.W. Kennewick Inn C Clover Island Inn C Comfort Inn C Fairfield C Green Gables Motel C La Quinta Inn C Nendel's Motor Inn C Super 8 C Tapadera Inn C Travelodge of Kennewick C Westcoast Columbia Center Campground/RV Pk CI Columbia Park Campground GRANDVIEW, WA. C Apple Valley Motel Visitor Centers CI Grandview Chamber UNION GAP, WA. C B.W. Ahtanum Inn C Super 8 Motel Visitor Centers Cl Valley Mall C C C C C C C C C C C D SPOKANE AREA (1 -VM-2-NW/SP) (Super Cities) SPOKANE, WA. C C C C C C C C C C C C C C C C C C C C C C C C C C C Airway Express Inn C Apple Tree Inn C Bel-Air Motel 7 C Bell Motel C B.W. Peppertree C Inn - Geiger B.W. Peppertree C Liberty Lake Inn B.W. Pheasant Run C B.W. Thunderbird C Boulevard Motel Broadway Inn & C Suites - Bid9 1 C Broadway Inn & Suites - Bid9 2 C Budget Inn - C 4th Ave Budget Saver Motel Cedar Village Comfort Inn - Division Cl Comfort Inn - Sullivan CI Courtyard by CI Marriott CI Days Inn - Airport Doubletree - Spokane Falls (2 rack location) CI Doubletree Inn - Sullivan CI Downtowner Motel Fairfield Inn by Cl Marriott Hampton Inn '(21 Holiday Inn CI Express-Division Holiday Inn Express-Mission Howard Johnson La Quinta Inn Liberty Motel Maple Tree Motel & RV Park Motel 6- Hutchinson Motel 6- Rustle Oxford Inn & Suites Valley Mall Oxford Inn & Suites Indiana Quality Inn - Oakwood Quality Inn Valley Suites Ramada Inn - Airport Ramada Limited - Post Ramada Suites Ltd. - Newport Red Top Motel Residence Inn Rodeway Inn Royal Scot Motel Select Inn Shangri-la Motel Shilo Inn Spokane House Sunset Inn Super 8 Motel - Argonne Super 8 Motel - Westbow The Madison Inn Tradewinds - Downtown Travelodge Westcoast Ridpath Hotel West Wynn Motel Westcoast Grand Inn - North River Airports Felts Field Aviation- Executive Lounge Felts Field Aviation Spokane Airway-S. Spokane Airway-N. Visitor Centers AAA Auto Club-4th Ave. AAA Auto Club- E. Sprague AAA Auto Club - Division Crosby Student Ctr. AAA Auto Club - Valley Branch Page 1 3 CI Eagles Ice-AoRena Visitor Centers CI Northtown Mall CI Northwest Museum CI Ritzville Chamber of Arts & Culture Of Commerce CI Planet Ice CI Playfair Race GREEN ACRES, WA. Course Cl Riverfront Park C Alpine MotellRV Pk Carousel Cl Riverfront Park - AIRWAY HEIGHTS, WA. IMAX Buildin9 CI Spokane ConNis C All Seasons Motel Cl Spokane Intermodal C Bell Motel Facility C Lantern Park Motel CI Spokane Valley C Microtel Inn & Mall Visitor Center Suites Cl Wild Walls, Inc. C Solar World Estates CI Wonderland-USA Car Rental Offices Cl Divine Corporation CI Dollar R.A.C. CI Thrifty Car Rental - East Restaurants CI Crossroads CI Frankie Doodle's Campground/RV Pk CI Trailer Inns RV Pk. Service Stations CI Express West Shell CI Hi-Co Village - Baker CI. Hi-Co Village - Newport CI Hi-Co Village Newport Hwy - Sprague SPRAGUE, WA. C Fox's C Sprague Motel & RV Park Visitor Centers CI Sprague City Hall RITZVILLE, WA. C C C C Colwell Motor Inn La Quinta Inn Top Hat Motel Westside Motor Inn Visitor Centers CI Longhorn BBQ Military Bases CI Fairchild AFB - Billeting Bid9. 2392 CI Fairchild AFB Rec/Center Bid9. 2185 Cl Fairchild AFB - TLC) Bid9, 2399 Cl Fairchild AFB - Survival Inn - Bid9. 1252 ROCKFORD, WA. C Rockford Chamber USK, WA. Campground/RV Pk CI Skookum Rendezvous RV Pk MEAD, WA, CI Campground/RV Pk Alderwood RV Resort CHENEY, WA. C Willow Springs Motel gl Visitor Centers West Plains Chamber CI Campground/RV Pk Yogi Bear RV Park CLARKSTON, WA. C Hacienda Lodge C Motel 6 C Quality Inn Campground/RV Pk Cl Granite Lake RV CI Hillview RV Park COLFAX, WA. Visitor Centers Cl Colfax Chamber CI Whitman County Economic Development Council Restaurant CI Nev's Wheat'N'Barley STEPTOE, WA C Wheel Inn Motel PULLMAN, WA. C C C C C C Cl CI American Travel Inn Cougar Land Motel Hawthorn Inn Holiday Inn Express Nendel's Paradise Creek - Quality Inn Visitor Centers Pullman Chamber Airports Pullman-Moscow Airport Restaurants CI Hilltop Restaurant LIBERTY LAKE, WA. C Comfort Inn & Suites gl RV Sales/Service Foretravel NW CONWAY, WA. C Skagit Barn Service Stations CI 76 Unocal Service Station COUPEVILLE, WA. C Coupeville Inn Restaurants Cl Casey's Cove Restaurant Cl Penn Cove Rest. Visitor Centers CI Central Whidbey Chamber CUSTER, WA. Visitor Centers Custer VIC (summer) Peace Arch Factory Outlet Mall BLAINE, WA. C Anchor Inn Motel C Bayside Motor Inn C Beachwood Resort C Cabana Club Condos C Caf~ and International Motel C .Naco West Resorts C Semiahmoo Resort Visitor Centers Cl CI Visitor Centers Pay & Run Store Sumas Chamber Campground/nV Pk Bellingham RV Resort Cl Cl CI EVERSON, WA. CI Visitor Centers C Everson Chamber CI FERNDALE, WA. Cl C Executive Inn Express CI C Scottish Lodge C Super 8 Motel CI Camp§round/RV Pk CI Cl AA RV Park CI The Cedar's RV CI Resort CI Nor'West RV Park Visitor Centers Cl EZ Mart CI Ferndale Visitor Center Car Rental Offices CI El Monte RV Rental (2 rack location) NOOKSACK, WA~ Restaurants C Starving Sams CI Ammex Duty Free - 12th CI Ammex Duty Free - C C Street C CI Blaine Visitor C Information Center C Service Stations CI CI CI CI CI CI CI Crazy Dazy CI Cl Toad's Mobile Express Mart CI Cl SUMAS, WA. C B&B Border Inn OAK HARBOR, WA. Cl Acorn Motor Inn B.W. Harbor Plaza Navy Lodge Queen Ann Motel Campground/RV Pk North Whidbey R.V. Park Sunrise Resort Westgate Homes & RV Center Visitor Centers Cl Dugualla Bay Farm CI CI CI CI Oak Harbor LANGLEY, WA. ChamberNIC Oak Harbor Travel Visitor Center Service Stations CI Langley Visitor Center OK Market Restaurants Pizza Factory Military Bases Whidbey Island NAS - Main Gate Whidbey Island NAS BEQ//379 Barracks #1 Whidbey Island NAS BEQ #373 Barracks #7 Whidbey Island BOQ #11 Bldg 381 Whidbey Island BOQ #2527 Whidbey Island MWR Bldg. 2556 Norwester Club Whidbey Island NAS Terminal Whidbey Island Naval Air Stn BOQ Bldg #973 Whidbey Island Naval Air Stn BOQ #2 Bldg. 378 Whidbey Island NAS BOQ #5 - Bldg. 375 Whidbey Island Naval Air Stn Barracks #6 - Bldg. 374 Naval Air Stn Barracks #8 - Bldg. 360 Whidbey Island Naval Air Stn Barracks #12 Bldg. 2551 Whidbey Island Naval Air Stn Barracks #3 Bldg. #377 Whidbey Island Naval Air Stn Barracks #4 Bldg. 376 Whidbey Island Naval Air Station BEQ #2701 Whidbey Island Family Housing #130 '1 TACOMA/ // OLYMPIA ARIMA (1-VM-1-NW/-I]) iqKEWOOD' WA/ C' g W La' ewood Inn C! BilU~or~l~l~te, C ~ Budgeblnn C \ Coloni¢l Motel C \ Golde¢ Lion ~ Motor~lnn C '1 Howa/-d Johnson ~ Expr(~ss C \ Ramada Inn C ~ Travplodge ~ Visit~)r Centers CI ~¢.~aIl~Lite Swap 'n' GIG HAR~TR, WA. C B.}N. Wesley lan o[ Gl! Harbor C Ir at Gig Harbor )r Centers CI arbor/ ula Chamber lurid/nV Pk CI ~r RV C B.W. Tacor a Inn C Comfort Hosmer C Days Inn - T; oma Mall C Econo Lodge 'q S. Hosmer \ C Holiday Inn \ Express-Hosmel~ .C King Oscar Motel~ C La Quinta \ C Motel 6 \ C Plum Drifthouse \ Page 7 ~ . Campground/?V Pk C Days Inn I g~Cu C Kwik-N-Kleen CI KOA Camp nd C Tulip Valley Inn C West Winds Motel AUBURN, WA. / Visitor Centers C Auburn Mot~l C B.W. Pepp~rtree CI Mt. Vernon C Comfort Inp Chamber C Days Inn/ CI Skagit Valley C Microtel Inlh Tulip Festival C Nendels ~ CI Skagit Valley C Valu Inn College CI Snow Goose nters Produce CI ;hamber of Restaurant CI all of the CI Farmhouse Inn CI CI ocation) Campground/RV Pk CI CI C; ~tal Offices CI Riverbend Park Cl Avl ent-A-Car GREENBANK, WA. CI Harvey Rd. Visitor Centers PACIFIC CI Greenbank Farms C Kin~ ~scar Motel LA CONNER, WA. FEDERA~ Visitor Centers C B.V~t/._ E~ecutel C Co~tnfor~ Inn - Cl La Conner Chamber Pa~cific ICwy Cl Shirt Works Info C C~lurtya~'d by Center M~rriott ~- Gateway C F~deral liNay Motel SEDRO WOOLLEY, WA. C H~oliday INn Express C (~)~u aOl i~nCn~l n n C Skagit Motel C C Thr~e Rivers Inn & C j~BPt~r 8 lotel - Restaurant C tff__rave! Irm~Motel Visitor Centers C ,fravelodg t~ 328th , CI Sedro Woolley Chamber Visitor Cen Is Dumas Bay Ocntre Federal Way~ Chamber CI BIRCH BAY, WA. Ct Cam~qground/RV Pk V'BELLINGHAM/i-5 (1-VM-2-NW/BE) (Super Cities) CI Ball Bay View RV Park CI Beachside RV Park CI Birch Bay Resort Park CI World Mark Visitor Centers CI Benchwood State Park Store MT. VERNON, WA. C BW. Cottontree Inn C B.W. College Inn C Comfort Inn Birch Bay Reservations Zany Photo & Birch Bay Chamber FREELAND, WA. Visitor Centers CI Freeland Chamber BURLINGTON, WA. C Cocusa Hotel C Holiday Inn Express C Mark II Motel C Sterling Motor Inn Visitor Centers CI CI CI CI Cascade Mall Prime Outlet CI Center CI Prime Outlet Center - Annex CI Skagit Valley C Con/Vis Bureau C C Service Station C C CI Cook Road Tessoro C CI Cook Road Texaco C C Campground/RV Pk C C CI Burlington KOA C C ANACORTES, WA. C C Anacortes Inn C C Country Corner Inn C C Fidalgo Country Inn C C Gateway Motel C C Paul's Motel C C The Majestic Inn C C The Marina Inn C C CI Visitor Centers Anacortes Visitor Information Center CI San Juan Lanes CI Swinomish Northern Lights Casino Cl CI Campground/RV Pk Fidalgo Bay Resort CI Pioneer Trails Campground CI CI Visitor Centers LYNDEN~ Lynden Chamber Lynden Station Restaurants C Windmill Inn Motel Starving Sam's Campground/RV Pk Hidden Valley RV Park BOW, WA. C Skagit Valley Casino Resort Campground/RV Pk Thousand Trails BELLINGHAM, WA. Aloha Motel Bay City Motor Inn Bellingham Inn B.W, Heritage Inn B.W, Lakeway Inn Chrysalis Inn & Spa Coachman Motel Comfort Inn Days Inn Hampton Inn Holiday Inn Express Motel 6-Byron St. Quality Inn Baron Suites Hotel Ramada Inn Rodeway Inn Shamrock Motel Shangri-La Motel Travel House Inn Travelodge Valu Inn Motel Villa Inn Visitor Centers AAA Bellingham Amtrak Fairhaven Station Bellingham Airport Bellingham Con/Vis Bellingham Cruise Terminal Bellingham/ Whatcom Chamber Campground/RV Pk CI Bellingham RV Park Page 6 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: First Amendment to Interlocal Agreement with Benton County for Jail Services CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS × OTHER Contingency Req'd: $ ATTACHMENTS: A copy of the Agenda Item for the Parks, Recreation, Human Services and Public Safety Council Committee meeting 11/10/03, and a copy of the proposed First Amendment to Interlocal Agreement with Benton County for Jail Services. SUMMARY/BACKGROUND: Effective July 7, 2003, the City entered into an Interlocal Agreement with Benton County for a cooperative effort to provide the Federal Way Department of Public Safety another venue to house inmates, which may become more important as other municipalities in the Puget Sound area are starting to utilize Okanogan, Chelan and Yakima counties to house inmates. The agreement ends December 31, 2003. This proposed First amendment will extend the interlocal agreement until December 31, 2006. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the First Amendment to the Benton County Jail Services Interlocal Agreement and forward to full Council at the November 18, 2003, Council meeting. PROPOSED MOTION: "I move approval of the First Amendment to Interlocal Agreement with Benton County for Jail Services." (BELOgY TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agenditem\lst Amend to Interlocal Agrmt- Benton Co for Jail Services CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE November 10, 2003 Meeting Date: From: Via: Subject: Services November 03, 2003 Anne KJrkpatrick, Chief of Police David H. Moseley, City Manager First Amendment to Interlocal Agreement with Benton County for Jail Background: Effective July 7, 2003, the City entered into an Interlocal Agreement with Benton County for a cooperative effort to provide the Federal Way Department of Public Safety another venue to house inmates, which may become more important as other municipalities in the Puget Sound area are starting to utilize Okanogan, Chelan and Yakima counties to house inmates. This First amendment will extend the interlocal agreement until December 31, 2006. Committee Recommendation: Approve the First Amendment to the Benton County Jail Services Interlocal Agreement and forward to full Council for consideration at the November 18, 2002, Council meeting. KSAGNDITEIVBPRHSPSCOMMITIEE\I0303 benton cry jail amend I FIRST AMENDMENT TO A ; EMENT BETWEEN ~D THE CITY OF FEDE~L WAY, FOR USE OF JAIL SERVICES This First Amendment ("Amendment") is dated effective this 1st day of January 2004, and is entered into by and between the Benton County, a political subdivision of the State of Washington hereinafter ("County"), and the City of Federal Way, a Washington municipal corporation hereinafter ("Contract Agency"). A. The County and the Contracting Agency entered into an Agreement dated effective July 7, 2003, whereby the County agreed to accept and keep in custody Contracting Agencies prisoners in the County's jail facilities located at the Benton County Justice Center, 7320 W. Quinault Avenue, Kennewick, Washington 99336 ("Agreement"). B. The County and Contracting Agency desire to amend the Agreement to extend the term of the agreement. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Duration. Section 23 of the Agreement shall be amended as follows: This Agreement shall enter into full force and effect from January 1, 2004, and end December 31, 2006, subject to earlier termination as provided by Section 21 herein. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. BENTON COUNTY, WASHINGTON CITY OF FEDERAL WAY Chairman DAVID H. MOSELY, City Manager Member ATTEST: Member City Clerk, N. Christine Green, CMC Constituting the Board of County Commissioners of Benton County, Washington. ATTEST: Clerk of the Board APPROVEDAS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson, City Attorney Rea Culwell, Deputy Prosecuting Attorney Larry D. Taylor Benton County Sheriff K:kinterlocalkBenton cty. amend. 1 - 2 - CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Second Amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers during the 2003/2004 school year. CATEGORY: X CONSENT [] RESOLUTION [] CITY COUNCIL BUSINESS [] ORDINANCE [] PUBLIC HEARING [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Second Amendment to the Interlocal Agreement between the City of Federal Way and Federal Way School District NO. 210 for School Resource Officers (SROs) during the 2003/2004 school year. SUMMARY/BACKGROUND: The City of Federal Way and the Federal Way School District entered into an interlocal agreement for School Resource Officers (SROs) on August 31, 1999. It was first amended effective January 1, 2000. This proposed second amendment clarifies operational issues and establishes an annual rate of compensation for 6 (six) SROs during the 2003/2004 school year. For the 2003/2004 school year, SROs are assigned to Thomas Jefferson, Federal Way, Decatur, Truman, and Todd Beamer High Schools. A sixth officer is assigned as a relief SRO working traffic related enforcement around these (5) high schools. For these City of Federal Way Police Services, the Federal Way School District agrees to pay $364,938.00 during the 2003/2004 school year. CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the City Manager to enter into a Second Amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers. PROPOSED MOTION: "I move approval of the Second Amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers during the 2003/2004 school year and authorize the City Manager to execute the agreement. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5.E City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: To: From: Via: Subject: November 10, 2003 Parks, Recreation, Human Services & Public Safety Council Committee Anne E. Kirk ~atrick, Chief of Police ~~'- Brian J. Wil ~on, Deputy Chief of PoliO' David M~ ~anger Second Ame~ lment to the Contract with the Federal Way School District for School Resource Officers (SROs) During the 2003/2004 School Year The City of Federal Way and the Federal'Way School District entered into an interlocal agreement for School Resource Officers (SROs) on August 3 l, 1999. It was first amended effective January 1, 2000. This proposed second amendment clarifies operational issues and establishes an annual rate of compensation for 6 (six) SROs during the 2003/2004 school year. For the 2003/2004 school year, SROs are assigned to Thomas Jefferson, Federal Way, Decatur, Truman, and Todd Beamer High Schools. A sixth officer is assigned as a relief SRO working traffic related enforcement around these (5) high schools. For these City of Federal Way Police Services, the Federal Way School District agrees to pay $364,938.00 during the 2003/2004 school year. The Public Safety Department recommends approval of this second amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers. Committee Recommendation: Authorize the City Manager to enter into a Second Amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers. "ee Cilatr C~:~m~a'tt~Me~o er Com~nitt~Mem~'e SECOND AMENDMENT TO THE /¢~ INTERLOCAL AGREEMENT BETWEEN THE ~ ''~ CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR SCHOOL RESOURCE OFFICERS WHEREAS, on August 31, 1999 the City of Federal Way (hereinafter "City") and Federal Way School District No. 210 (hereinafter "District"), collectively "Parties" entered into an interlocal agreement (hereinafter "Agreement") as amended by First Amendment dated effective January 1, 2000, pursuant to Chapter 39.34 of the Revised Code of Washington; WHEREAS Section 10.5 of the Agreement provides that the Parties may amend the Agreement provided that it is in writing; WHEREAS, the Parties desire to amend the Agreement to clarify operational issues. NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties that the Agreement is amended as follows: Section 1.4 is amended as follows: School Campus - The school building, all parking lots or outside common areas adjacent to the school building, and all property within '/z mile. Section 1.6 is amended as follows: School Year - One hundred eighty one (181) days of official school days, one day before and one day after for preparation, closing and staff meeting totaling one hundred eighty-three (183) days between the months of August and June. The preparation day and the closing day shall be mutually agreed upon between the SRO and the building principal. The District "in-service training day" for the Security Department at the beginning of each year school year is considered mandatory attendance for all SROs. Section 1.10 is amended as follows: Overtime - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act and the Guild Contract. The District shall be billed for only school related overtime, which includes but is not limited to incidents involving juveniles and/or on the school campus. Section 1.11 is added as follows: -1- Sister Schools shall provide continuity of staffing during absences as described in Section 3.3. Federal Way and Decatur SROs will provide coverage for each other, as will Truman and Thomas Jefferson. When required an SRO shall provide coverage at the rate of 3.5 hours on each campus. In the event the "sister" school SRO is unavailable, coverage will be provided from the nearest available SRO at the same rate. Section 1.12 is added as follows: Unscheduled absence. The Federal Way Police Department is notified of an absence by an assigned SRO less than twenty-four (24) hours prior to the scheduled shift. The Purpose is amended as follows: School Campus Security. It is the intent of the Parties that City police officers provide school campus security for the high schools. An SRO will be assigned to the following high schools: Decatur, Federal Way, Truman, Todd Beamer and Thomas Jefferson for a total of five positions. Section 3.3 is amended as follows: Staffing. A. Scheduled Absence. The City agrees to provide a full day replacement for each day of scheduled absence with the following exceptions. i. The SRO shall attend designated training approved by the City and with the agreement of the building principal. This training may be provided by an outside agency, the District or the City. ii The SRO shall attend one day of mandatory training provided by the City per month per school. The City shall maintain a minimum of three (3) SROs in the District during school hours. Coverage during training shall be provided under the "sister school" philosophy. B. Unscheduled Absence. The City shall maintain a minimum of three (3) officers assigned within the District during school hours except during exigent circumstances, which include but are not limited to natural disasters, riots, or large scale disturbances requiring Federal Way police officers response. i On the first day of an absence which is due to illness or emergency coverage will be provided as described in the "sister school" philosophy. ii Subsequent days will be considered a scheduled absence and staffed accordingly. -2- Section 3.6 is deleted in its entirety: Section 3.7 is amended as follows: Uniform and Equipment. A. Uniforms. Normally, a SRO will be attiredin police uniform. However, either upon the request of the building principal or, if applicable, the Memorial Field Coordinator, and approval by the City, other attire may be approved for specific occasions. Dress down attire will maintain a professional image and may include bike uniforms or other activity specific attire. B. Transportation. The City, in its discretion, may provide vehicles or other means of transportation for the SRO. C. Radio Communications. The City will provide the SRO a radio capable of routine and/or emergency interaction with dispatch operations, and integrated with the regional public safety radio network. Cellular phones may be provided at the City's discretion. Section 4.2 is amended as follows: Performance Comments. The building principal, as the District's designee under this paragraph, will provide the City's SRO supervisor with performance comments and observations concerning the SRO upon request (generally on an annual basis). The SRO supervisor is wholly responsible for the SRO's performance evaluation; the building principal's comments will not replace the evaluation, but maybe included in it. Section 4.3 is amended as follows: Compensation. 2002/2003 School Year The adjusted annual rate for the 2002/2003 school year for four SROs at Truman, Federal Way, Thomas Jefferson and Decatur is Two Hundred -3- Twenty-four Thousand, Five Hundred Fourteen Dollars ($224,514.00). The cost breakdown is as follows: Truman High School: Federal Way High School: Thomas Jefferson High School: Decatur High School: .... T0thi: $ 49,892.00 (66.7% cost) $ 49,892.00 (66.7% cost) $ 74,838.00 (100% cost) $ 49,892.00 (66.7% cost) $22~,514.00 2003/2004 School Year The adjusted annual rate for the 2003/2004 school year for four SROs at Truman, Federal Way, Thomas Jefferson and Decatur is Two Hundred Fifty- two Thousand, Six Hundred Ninety-six Dollars ($252,696.00). The cost breakdown is as follows: Thomas Jefferson High School: Federal Way High School: Decatur High School: Truman High School: Total: $ 84,226.00 (100% cost) $ 56,121.00 (66.7% cost) $ 56,121.00 (66.7% cost) $ 56,121.00 (66.7% cost) $252,696.00 The adjusted annual rate for the 2003/2004 school year with the addition of two SROs, one at Todd Beamer and the relief SRO is Three Hundred and Sixty-four Thousand, Nine Hundred and Thirty-eight Dollars ($364,938.00). The cost breakdown is as follows: Four SROs (TJ, FW, DC, TM): Todd Beamer High School: Relief SRO: Total: $252,696.00 (Total Cost) $ 56,121.00 (66.7% cost) $ 56,121.00 (66.7% cost) $364,938.00 The rate for the SRO's will adjust annually in accordance with the Police Department collective bargaining agreement. Upon receipt of an invoice, the District will reimburse the City within thirty (30) days, exclusive of overtime and extra duty assignments costs. A. Extra-duty assignments. The District agrees to pay the prevailing hourly rate for each extra duty hour worked by a police officer. In the event that overtime is incurred, the District agrees to pay the overtime rate as defined in Section 1.10. -4- 'B. New Position(s). In the event the City and the District agree to establish additional SRO position(s), the District will pay the proportionate amount based upon the actual days worked. C. Overtime. The District agrees to pay any and all overtime costs in accordance with the Fair Labor Standards Act and the Guild Contract. Section 4.4 is amended as follows: Office Space/Equipment. A. The District will provide an office space, a desk, dedicated phone line, voice mail, district and internet based electronic mail, a digital pager and a computer. The District agrees to pay the City the rate ofTen Dollars ($10.00) per pager for ten (10) months per pager, up to a maximum of four (4) pagers. The Citywill bill the District in one lump sum of Four Hundred Dollars ($400) on the January invoice. Additional pagers will be paid by the District in the event of additional SRO positions. The pagers are the property of the City and the Parties agree a pager will be available for each SRO. B. The District will provide access to private interview rooms. C. Generally the school campus of the District will provide a site-based portable radio to permit communications between staff and the SRO, and to enable monitoring of staff/campus activities. In the event a si[e-based radio is not provided, it is the responsibility of the site principal to ensure that acceptable alternative communication protocols and methods are in place. D. The District agrees to pay up to Four Hundred Dollars ($400) per SRO for the 2002/2003 school year toward the purchase of equipment to be utilized in the scope of the position. Acquisition of any accessory for the equipment shall be the responsibility of the Police Department. The equipment purchased under this paragraph will be owned by the Police Department, but will remain assigned to the SRO program at each school. The Police Department shall be responsible for all training, retraining, and certification associated with utilizing said equipment. Each SRO shall be fully trained prior to possessing the equipment at the school sites. Hours of Work is amended as follows: An SRO will work an eight-hour shift, inclusive of the lunch period. The SRO may be subject to call during the lunch period. The actual hours worked will be -5- determined by the needs of the school principal. Generally hours for high schools approximate 0645 (6:45 a.m.) to 1445 (2:45 p.m). The Parties recognize that the SRO is subject to the Fair Labor Standards Act (FLSA), and that overtime may occur. SROs will attend weekly campus based meetings with peer SROs and/or SRO supervisor. The weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes. The SROs are encouraged to attend the weekly South King County multi-agency "breakfast meeting", which is currently held within District boundaries. Section 7.2 is amended as follows: Either party may terminate this Agreement with or without cause at the end of the school year by ninety (90) days prior written notice to the other party. For this paragraph, the school year end date shall be June 30th of the current year. Section 8.2 is amended as follows: Certificate. Each Party shall provide proof of insurance coverage to the other Party. The City shall provide the District with a Certificate of Insurance including a copy of the endorsement naming the District as additional insured. The District shall provide the City with an evidence of coverage letter from the Washington Schools Risk Management Pool. Insurance coverage shall be maintained at all times. A new Section 10.16 is added as follows: Supplemental Security Officers. The District reserves the fight to place a campus security officer to assist the assigned SRO at any time. IN W1TNESS whereof the Parties have executed this Agreement the day and year set forth below. CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DISTRICT NO. 210 By: David H. Moseley [ts City Manager Its Deputy Superintendent 33530 1st Way South Federal Way, WA 98003 31405 18th South Federal Way, WA 98003 -6- Date:' Date: APPROVED AS TO FORM: Patricia A. Richardson City Attorney APPROVED AS TO FORM: Diana L. Seelex~, Manager of Contracts/P~cha~ing ATTEST this __ day of .,2003- City Clerk, N. Christine Green, CMC K:'dnterlch7schoolsroamend I st -7- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003-2004 Youth Commission Work Plan CATEGORY: BUI)GET IMPACT: [] CONSEN~ c '1' [] ORi)INANCE [] RESOLUTION [] I'UBLIC ItEARING [] CITY COUNCIL BUSINESS [] OTHER Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee action form dated October 30, 2003; Youth Commission Work Plan SUMMARY/BACKGROUND: The Youth Commission held a special meeting in October to develop a work plan for the 2003-2004 school year. A copy of the Work Plan is included for Council Review. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to accept the 2003-2004 Youth Commission Work Plan and place before Council on November 18, 2003. PROPOSED MOTION: "1 move approval of the Youth Commission 2003-2004 Work Plan as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEl?ERRED/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTI ON # REVISED - 05/10/2001 CITY OF FEI)ERA1, WAY PARKS, RECREATION AND CUI,TURAI, SERVICES MEMORANDUM Date: To: From: Via: Subject: CC: October 30, 2003 PRHSPS Council Committee Aaron Moe, el~e~tion Coordinator~2fi~" David Mo~61'~,~,)~t~,Mauager 2003-2004 YoUth Commission Work ]'lan Jennifer Schroder, Parks, Recreation and Cultural Services Director Mary Faber, Recreation and Cultural Services Superintendent Background: On October 3, 2003, the Youth Commission held a special meeting to develop a work plan for the 2003-2004 school year. The list of activities and events and when they are scheduled is listed as follows: 1. Youth At Klahanee (YAK) - (November 21, February 27, May 21) 2. Adopt-A-Family- (mid-December) 3. Talent Show-Musical (March 31) 4. Teen Art Expo (January 12 - April 5) 5. Youth Recognition Night- (April 21) 6. Battle of thc Bands - (August 14) 7. NPO (Non-Profit Organization) Committee (Ongoing) 8. ~_pecial Events Coordination - includes: MLK Day, Fall Carnival, Movie Night at Knutzen, Flashlight Egg Hunt, Adopt-a-Beach, lntergcnerational Program, Red White & Blues Festival, and Frost Fest. (throughout year) Committee Recommendation: Motion to recommcnd to Council a "do pass" to accept the 2003-2004 Youth Commission Work Plan and place before Council on November 18, 2003. IIApI'IIOVAL OF COMMITTEE(~E~~.~ [ Gff'mmittee'CI}ai: ~ ~_ ~_cm.p_cr_ ............. ~om~i~ee 1V~ b- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJI~;CT: State Grant Acccptancc for West tlylcbos Boardwalk CATEGORY: ~ CONSENT [] ORI)INANCE L~J i/ESOI,UTION ~J PUBI,IC IIEARING ~J CITY COUNCIl, BUSINESS ~_J OTIIER BUi)GET IMPACT: Amount Budgeted: $ Exl)enditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee Action l:orm dated Novcmbcr 10, 2003; State Grant Acccptancc for Wcst l lylcbos Boardwalk SUMMARY/BACKGROUNI): The City will receive a $250,000 grant from the State of Washington Department of Community, Trade and Economic Development for the repair/replacement of the boardwalk in the. West Hylebos State Park. Thc boardwalk was first constructed in 1991, is a wood piling/deck system. The majority of the trail is placed on top of a natural peat bog. Thc boardwalk shows signs of significant structural deterioration from the wet and shaded conditions of a forested peat bog. CITY COUNCIL COMMITTEE RECOMMENi)ATION: Recommend a "do pass" to place this item on the Novcmbcr 18th council agcnda, authorizing the City Manager to execute the State of Washington Department of Community, Trade and F, conomic l)cvclopmcnt Grant in thc amount of $250,000 for thc repair/replacement of thc boardwalk in thc West llylebos State Park. I'ROI'OSEI) MOTION: "1 move approval of Statc Grant Acccptancc for Wcst llylebos Boardwalk as prcscntcd" (BELOW TO BE COMPLETED B Y CITY CLF~RKS OFFICE) COUNCI I~ ACTION: APPitOVEi) [] DENIEI) [] TABI,ED/DEFERREI)/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinances only) COUNCii~ BIIA, # 1s* reading Enactment reading ORDINANCE # RESOIAJTION # ~,EVIS[ D - 05/10/2001 PARKS, RECREATION AND CUI,TUAI, SURVICES MEMORANI)UM §oB Date: November 10, 2003 To: PRI-ISPS Council Committee Via: David Mo~ Manag~__~// ]:rom' Jennifcr Schro~cr, Director '.~ RE: State Graut Acceptance foil/West Hylebos Boardwalk Replacement / Background: Thc City will reccivc a $250,000 grant from the State of Washington Dcpartmcnt of Community, Tradc and Economic Dcvclopmcnt for thc rcpair/replaccment of thc boardwalk in thc Wcst Hylcbos State Park. The boardwalk was first constructed in 1991, is a wood piling/deck system. The majority ortho trail is placed on top of a natural peat bog. Thc boardwalk shows signs of significant structural dcterioration from the wet and shaded conditions of a forestcd pcat bog. The project will includc rcmoving the existing wood boardwalk and replacing it with a concrete pier and galvanized pin system attached to either a wood or composite deck. Staff Recommendation: Thc Grant provides full funding for thc projcct, no additional funds are required. The agreement is for $250,000 which $4,375.00 will be retained for costs directly associated with the States managing the completion of this contract. Staff recommends authorizing thc City Manager to execute the agreement to accept the grant. The agrecmcnt is approvcd as to form by thc Assistant Attorney General, Alice Blado, m~d reviewed by thc City Attorneys officc. Committee Recommendation: Recommend a "do pass" to place this item on the Novembcr 18th council agenda, authorizing thc City Manager to execute the State of Washington Department of Community, Trade and Economic Development Grant in the amount of $250,000 for the repair/replacement of thc boardwalk in the West Hylebos State Park Il AP~',OVAL ~F COMMITTEE REPORT: [I !2o'mmittee Chair Co~nit~'~ Member DRAFT STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT LOCAL AND COMMUNITY PROJECTS PROGRAM CAPITAL CONTRACT NUMBER 04-99500-044 THIS CONTRACT, entered into by and between City of Federal Way (a unit of local govemment hereinafter referred to as the CONTRACTOR), and the Washington State Department of Community, Trade, and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, the DEPARTMENT is also given the responsibility to administer state funds and programs which are assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2003, First Special Session, Chapter 26, (Section 151), made an appropriation to support the Local and Community Projects Program, and directed the DEPARTMENT to administer those funds; and WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible to receive funding for $250,000 for improvements to the boardwalk through Hylebos State Park. (a venture hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: FUNDING The funds awarded to the cONTRACTOR hereunder shall be a sum up to, but not to exceed $245,625.00. The DEPARTMENT has retained the amount of $4,375.00 for costs directly associated with managing the completion of this contract. SERVICE PROVISIONS a) Funds awarded under this contract shall be used solely and specifiCally for capital construction costs associated with the West Hylebos State Park, as contemplated in Laws of 2003, First Special Session, Chapter 26, (Section 151). b) The CONTRACTOR shall perform in accordance with the terms and conditions of this contract and the following attachments which, by this reference, are made a part of this contract: ATTACHMENT A (Project Budget) ATTACHMENT B (Certification of the Availability of Funds to Complete the Project) ATTACHMENT C (Project Scope of Work) SPECIAL CONDITION(S) None. CONTRACT PERIOD a) The effective date of this contract shall be the date of the last signature of the contracting parties. b) Unless terminated earlier pursuant to Section 9, 12, or 27, hereof, the termination date shall be June 30, 2007. CERTIFICATION OF FUNDS a) The release of state funds under this contract is contingent upon the CONTRACTOR certifying that it has expended or has access to funds from non- state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitmem(s). iv) Pledges from foundations or corporations. v) Pledges from individual donors. o vi) The value of real property_ when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. The DEPARTMENT will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii) In-kind contributions, subject to the DEPARTMENT'S approval. b) The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for the DEPARTMENT'S review upon reasonable request. EXPENDITUREs ELIGIBLE FOR REIMBURSEMENT The CONTRACTOR shall be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: a) Real property, when purchased or acquired solely for the purposes of the Project; b) Design, engineering, architectural, and planning costs; c) Project management costs (from external sources only); d) Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; and Landscaping. REIMBURSEMENT PROVISIONS a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purpose§ of this contract, reimbursement shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days. b) The DEPARTMENT shall reimburse the CONTRACTOR for one-hundred percent (100%) of eligible Project expenditures, up to the maximmn payable under this contract. When requesting reimbursement for costs incurred or expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a signed and completed Invoice Voucher (Form A-19), referencing the Project activity performed, and any appropriate documentation. The voucher must be certified by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The fmal voucher shall be submitted to the DEPARTMENT within fifteen (15) days following the completion of work or other termination of this contract. c) Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. The DEPARTMENT will not release payment for any reimbursement request received unless and until the Project Status Report is received. d) After approving the Invoice Voucher and Project Status Report, the DEPARTMENT shall promptly remit a warrant to the CONTRACTOR. EVALUATION AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract, including periodic site inspections. b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either hard copy or electronically, which depict visually the progress made on the Project. Such photographs shall be submitted to the DEPARTMENT at the inception of the Project, upon 50 percent of completion, and upon completion, as applicable. c) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six (6) years from the date final payment is made hereunder. 10. 11. NONDISCRIMINATION PROVISION a) During the performance of this contract, the CONTRACTOR shall abide by all applicable federal and state nondiscrimination laws and regulations, including, but not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination) and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADA]). b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the DEPARTMENT. The CONTRACTOR shall, however, be given a reasonable time in which to remedy any such noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth in Section 24 of this contract. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make changes to this contract. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment. It is mutually agreed and understood that, except for the budget modifications described in Section 11 of this contract, no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto prior to implementation of the changes, and that any oral understanding or agreements not incorporated herein shall not be binding. MODIFICATIONS TO THE PROJECT BUDGET a) Notwithstanding any other provision of this contract, the CONTRACTOR may, at its discretion, make modifications not to exceed ten percent (10%) of each line item in the Project Budget (Attachment A), hereof. b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making any budget modification or modifications that would exceed ten percent (10%) of any budget line item. Any such request shall require the written approval of the DEPARTMENT, and any such modifications shall be made in writing and signed by both parties, and attached to the Project Budget (Attachment A), hereof. c) Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 1 of this contract. 12. 13. 14. TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after the DEPARTMENT'S submitting written notice to the CONTRACTOR describing such default or violation; Provided, that if more than twenty (20) days are required to correct any such default or violation and the CONTRACTOR has initiated appropriate corrective measures as reasonably determined by the DEPARTMENT, the DEPARTMENT will not terminate this CONTRACT for such default or violation. Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably determines. d) In the event funds are not reappropriated for this Project in the 2005 - 2007 biennial budget, this contract shall terminate on June 30, 2005. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract. HOLD HARMLESS It is understood and agreed that this contract is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this contract.. Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 6 15. 16. 17. 18. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing funds provided in whole or in part by this contract shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the contracts. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend state funds in accordance with state law and/or the provisions of this contract, the DEPARTMENT reserves the fight to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of the contract. Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in violation of this contract. RELATIONSHIP BETWEEN THE PARTIES The CONTRACTOR and its employees or agents performing under this contract are not deemed to be employees of the DEPARTMENT noragents of the DEPARTMENT in any manner whatsoever, nor will they hold themselves out as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the state of Washington. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any action at law between the parties arising out ~ofthis contract shall be the superior court of Thurston County, Washington. 19. 20. 21. 22. 23. 24. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable. KEDUCTION1N FUNDS In the event state fimds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the DEPARTMENT, and shall meet and renegotiate the contract accordingly. ENTIRE AGREEMENT This contract and all attachments hereto contain all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract and attachments shall be deemed to exist or to bind .any of the parties hereto. SIGNAGE AND MARKERS If, during the period covered by this contract, the CONTRACTOR displays signs or markers or circulates any communication identifying the financial participants in the Project, any such sign, marker, or communication must identify the State of Washington as a participant. The provisions of this section shall also apply to any permanent signs or markers displayed at the Project site. DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The dispute resolution team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party mutually agreed upon by both parties. The dispute resolution team shall attempt, by majority vote, to resolve the diSpute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial setting. PREVAILING WAGE LAW The Project funded under this contract may be subject to state prevailing wage law (Chapter 39.12 RCW). The CONTRACTOR is advised to conSUlt the Washington Department of Labor and Industries and/or private counsel to determine whether prevailing wages must be paid. The DEPARTMENT is not responsible for determining 8 25. 26. 27. whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. CHANGE OF OWNERSHIP OR USE a) The CONTRACTOR understands and agrees that any and all real property or facilities acquired, constructed, or rehabilitated using state funds under this contract shall be held and used by the CONTRACTOR for the express purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the subject facility is occupied. b) In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay to the state general fund the principal amount of the grant as stated in Section I, hereof, plus interest calculated at the rate .of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. HISTORICAL AND CULTURAL ARTIFACTS In the event that historical or cultural artifacts are discovered at the Project site during construction, the CONTRACTOR shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Office of Archaeology and Historic Preservation. REAPPROPRIATION a) The parties hereto understand and agree that any state funds not expended by June 30, 2005, will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. In the event any funds awarded under this contract are reappropriated for use in a future biennium, the DEPARTMENT reserves the right to assign a reasonable share of any such reappropriation for administrative costs. {Rest of page left blank intentionally} 9 28. ADMINISTRATION a) The CONTRACTOR'S representative shall be Jennifer Schroder. b) The DEPARTMENT'S representative shall be Daniel Aarthun. IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this contract as of the date and year written below. Nancy K. Ousley, Assistant Director Local Govemment Division Department of Community, Trade, and Economic Development Federal Tax ID #: Date: 'APPROVED AS TO FORM: Date: Assistant Attomey General Date: /O///,:'/'a ~ 10 ATTACHMENT A PROJECT BUDGET Line Item Amount Architecture& engineering $20,000 Construction $201,125 Site furnishing $2,500 Contingency $22,000 Total $245,625 The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR TITLE DATE 11 ATTACHMENT B CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Non-State Funds Amount Total None $0 $0 State Funds 2003 State Capital Budget $245,625 $245,625 Total Project Funds $245,625 CERTIFICATION The CONTRACTOR, by its signature, certifies that Project funding from sources other than those provided by this contract and identified above has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for the DEPARTMENT'S review upon reasonable request. CONTRACTOR TITLE DATE 12 ATTACHMENT C PROJECT SCOPE OF WORK Project Summary This contract is for capital expenditures related to replacement of the West Hylebos State Park boardwalk/trail. The boardwalk was first constructed in 1991. Is approximately 3,525 feet in length. The trail is made up of 2 x 6 pressure treated lumber on a wood piling/deck system. The majority of the trail is placed on top of a natural peat bog. The boardwalk shows signs of significant structural deterioration from the wet and shaded conditions of a forested peat bog. The project will include removing the existing wood boardwalk and replacing it with a concrete pier and galvanized pin system attached to either a wood or composite deck. Construction will begin in July 2004, and is expected to be completed by September 2004. MEETING DATE: November 18,2003 ITEM# ~~_.,~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: State Grant Acceptance for Historical Cabins Project. CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee Action Form dated November 10, 2003; State Grant Acceptance for Historical Cabins Project. SUMMARY/BACKGROUND: The City will receive a $106,000 grant from thc State of Washington Department of Community, Trade and Economic Development for the Historical Cabins Project. The grant is matching funds already budgeted and authorized by the City Council. This agreement is for capital expenditures related to development of a parking lot and restroom facility to serve the Historical Cabins Park, to be located at 4th Avenue S. and S. 348th Street. The site is contiguous to the West Hylebos State Park. The parking lot will serve as a trailhead for the West Hylebos State Park as well as serve the Historical Cabins Park. CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend a "do pass" to place this item on the November 18th council agenda, authorizing the City Manager to execute the State of Washington Department of Community, Trade and Economic Development Grant in the amount of $106,000 for the Historical Cabins Project. PROPOSED MOTION: "I move approval of State Grant Acceptance for Historical Cabins Project as presented" (BELOW I0 BE COMPLETED B Y CITY CLERKS OFI?ICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TAllLED/DEFEI/REDflNO ACTION [] MOVED TO SECOND IlEAl)lNG (ordinances only) COUNCIL BILL # 1sy reading Enactment reading ORDINANCE # RI~SOLUTION # REVISED - 05/10/2001 PARKS, RECREATION AND CUI,TUAI, SUR¥1CES MEMORANI)UM 5oC Date: November 10, 2003 To: PRHSPS Council Committee Via: David M~nagcr/~v-/~:'~ From: Jennifer Schro~r, Dircdtor ( ,/,~x,.- ' RE: State Grant Acceptance for J]l~torieal Cabins Project. Background: The City will receive a $106,000 grant from the State of Washington Department of Community, Trade and Economic Development for the Historical Cabins Project. Thc grant is matching funds already budgeted and authorized by thc City Council. This agreerncnt is for capital expcnditurcs rclatcd to dcvclopmcnt of a parking lot and restroom facility to scrvc thc Historical Cabins Park, to bc located at 4th Avenue S. and S. 348th Street. Thc City of Federal Way acquired thc site in 1992 as part of the 1989 King County Open Space Bond program. Thc site is contiguous to the West Hylebos State Park. The parking lot will serve as a trailhead for the West Hylebos State Park as well as serve thc Historical Cabins Park. Thc Historical Cabins Park is a partnership between the Federal Way Historical Socicty and thc City of Federal Way. The parking lot will complete a two-phase project. Thc first phasc, completed in 2002, was the installation of a trail thai begins at thc edge of the proposed parking lot to the trail head of the West Hylebos State Park boardwalk. Staff Recommendation: The agreement is for $106,000 which $1,855.00 will be retained by the state for costs directly associated with thc managing the completion of this contract. Staffrccommcnds authorizing the City Manager to execute the agreement to accept thc grant. The agrccmcnt is approved as to form by thc Assistant Attorney General, Alice Blado, and rcviewcd by thc City Attorneys office. Committee Recommendation: Recommend a "do pass" to place this item on the November 18th council agcnda, authorizing thc City Manager to cxecute thc State of Washington Department of Community, Trade and Economic Development Grant in the amount of $106,000 for the Historical Cabins Project. C,~mittee Chair APPROVAL OF COMMITTEE Commit~(c Member STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT LOCAL AND COMMUNITY PROJECTS PROGRAM CAPITAL CONTRACT NUMBER 04-99500-025 THIS CONTRACT, entered into by and between City of Federal Way (a local jurisdiction hereinafter referred to as the CONTRACTOR), and the Washington State Department of Community, Trade, and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5)to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, the DEPARTMENT is also given the responsibility to administer state funds and programs which are assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2003, First Special Session, Chapter 26, (Section 151), made an appropriation to support the Local and Community Projects Program, and directed the DEPARTMENT to administer those funds; and WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible to receive funding for $106,000 as matching funds for parking, interpretive signage, and trails that link to Hylebos State Park. (a venture hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: FUNDING The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to exceed $104,145.00. The DEPARTMENT has retained the amount of $1,855.00 for costs directly associated with managing the completion of this contraCt. o SERVICE PROVISIONS a) Funds awarded under this contract shall be used solely and specifically for capital constrUction costs associated with the Historical Cabins Project, as contemplated in Laws of 2003, First Special Session, Chapter 26, (Section 151). b) The CONTRACTOR shall perform in accordance with the terms and conditions of this contract and the following attachments which, by this reference, are made a part of this contract: ATTACHMENT A (Project Budget) ATTACHMENT B (Certification of the Availability of Funds to Complete the Project) ATTACHMENT C (Project Scope of Work) SPECIAL CONDITION(S) None. CONTRACT PERIOD a) The effective date of this contract shall be the date of the last signature of the contracting parties. b) Unless terminated earlier pursuant to Section 9, 12, or 27, hereof, the termination date shall be June 30, 2007. CERTIFICATION OF FUNDS a) The release of state funds under this contract is contingent upon the CONTRACTOR certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. v) Pledges from individual donors. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. The DEPARTMENT will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non- state matching fund credit. vii) In-kind contributions, subject to the DEPARTMENT'S approval. b) The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for the DEPARTMENT'S review upon reasonable request. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The CONTRACTOR shall be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: Real property, when purchased or acquired solely for the purposes of the Project; b) Design, engineering, architectural, and planning costs; c) Project management costs (from external sources only); d) Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; and Landscaping. REIMBURSEMENT PROVISIONS a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purposes of this contract, reimbursement shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days. 3 b) The DEPARTMENT shall reimburse the CONTRACTOR for one- hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for costs incurred or expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a signed and completed Invoice Voucher (Form A- l9), referencing the Project activity performed, and any appropriate documentation. The voucher must be certified by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT within fifteen (15) days following the completion of work or other termination of this contract. c) Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. The DEPARTMENT will not release payment for any reimbursement request received unless and until the Project Status Report is received. d) After approving the Invoice Voucher and Project Status Report, the DEPARTMENT shall promptly remit a warrant to the CONTRACTOR. EVALUATION AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract, including periodic site inspections. b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either hard copy or electronically, Which depict visually the progress made on the Project. Such photographs shall be submitted to the DEPARTMENT at the inception of the Project, upon 50 percent of completion, and upon completion, as applicable. c) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six (6) years from the date final payment is made hereunder. 10. 11. NONDISCRIMINATION PROVISION a) During the performance of this contract, the CONTRACTOR shall abide' by all applicable federal and state nondiscrimination laws and regulations, including, but not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination) and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADA]). b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the DEPARTMENT. The CONTRACTOR shall, however, be given a reasonable time in which to remedy any such noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth in Section 24 of this contract. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make changes to this contract. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment. It is mutually agreed and understood that, except for the budget modifications described in Section 11 of this contract, no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto prior to implementation of the changes, and that any oral understanding or agreements not incorporated herein shall not be binding. MODIFICATIONS TO THE PROJECT BUDGET a) Notwithstanding any other provision of this contract, the CONTRACTOR may, at its discretion, make modifications not to exceed ten percent (10%) of each line item in the Project Budget (Attachment A), hereof. b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making any budget modification or modifications that would exceed ten percent (10%) of any budget line item. Any such request shall require the written approval of the DEPARTMENT, and any such modifications shall be made in writing and signed by both parties, and attached to the Project Budget (Attachment A), hereof. c) Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 1 of this contract. 12. 13. 14. TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after the DEPARTMENT'S submitting written notice to the CONTRACTOR describing such default or violation; Provided, that if more than twenty (20) days are required to correct any such default or violation and the CONTRACTOR has initiated appropriate corrective measures as reasonably determined by the DEPARTMENT, the DEPARTMENT will not terminate this CONTRACT for such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c). In the event this contract is terminated, the CONTRACTOR shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably determines. d) In the event funds are not reappropriated for this Project in the 2005 - 2007 biennial budget, this contract shall terminate on June 30, 2005. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any.performance during such breach, shall not constitute a waiver of any right under this contract. HOLD HARMLESS It is understood and agreed that this contract is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this contract. Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indenmify, defend, and hold the other party harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall 15. 16. 17. 18. have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. h) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing funds provided in whole or in part by this contract shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the contracts. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend state funds in accordance with state law and/or the Provisions of this contract, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of the contract. Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in violation of this contract. RELATIONSHIP BETWEEN THE PARTIES The CONTRACTOR and its employees or agents performing under this contract' are not deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any manner whatsoever, nor will they hold themselves out as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the state of Washington. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any action at law between the parties arising out of this contract shall be the superior court of Thurston County, Washington. 19. 20. 21. 22. 23. 24. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circmnstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as. implemented at the discretion of the DEPARTMENT, and shall meet and renegotiate the contract accordingly. ENTIRE AGREEMENT This contract and all attachments hereto contain all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties hereto. SIGNAGE AND MARKERS If, during the period covered by this contract, the CONTRACTOR displays signs or markers or circulates any communication identifying the financial participants in the Project, any such sign, marker, or communication must identify the State of Washington as a participant. The provisions of this section shall also apply to any permanent signs or markers displayed at the Project site. DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The dispute resolution team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party mutually agreed upon by both parties. The dispute resolution team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial setting. PREVAILING WAGE LAW The Project funded under this contract may be subject to state prevailing wage law (Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Washington Department of Labor and Industries and/or private counsel to determine whether prevailing wages must be paid. The DEPARTMENT is not 8 25. 26. 27. responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. CHANGE OF OWNERSHIP OR USE a) The CONTRACTOR understands and agrees that any and all real property or facilities acquired, constructed, or rehabilitated using state funds under this contract shall be held and used by the CONTRACTOR for the express purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the subject facility is occupied. b) In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. HISTORICAL AND CULTURAL ARTIFACTS In the event that historical or cultural artifacts are discovered at the Project site during construction, the CONTRACTOR shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Office of Archaeology and Historic Preservation. REAPPROPRIATION a) The parties hereto understand and agree that any state funds not expended by June 30, 2005, will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. b) In the event any funds awarded under this contract are reappropriated for use in a future biennium, the DEPARTMENT reserves the fight to assign a reasonable share of any such reappropriation for administrative costs. {Rest of page left blank intentionally] 28. ADMINISTRATION a) . The CONTRACTOR'S representative shall be Jennifer Schroder. b) The DEPARTMENT'S representative shall be Daniel Aarthun. IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this contract as of the date and year written below. Nancy K. Ousley, Assistant Director Local Government Division Department of Community, Trade, and Economic Development Federal Tax ID #: Date: APPROVED AS TO FORM: Assistant Attorney General Date: / 0///~//~d ?, Date: 10 ATTACHMENT A PROJECT BUDGET Line Item Amount Architecture & Engineering $10,000 Construction $224,514 Project Contingency $22,520 2% for the Arts $4,500 Total $261,534 The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR TITLE DATE ATTACHMENT B CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Non-State Funds Amount Total City of Federal Way $157,389 $157,389 State Funds 2003 State Capital Budget $104,145 $104,145 Total Project Funding $261,534 CERTIFICATION Th6 CONTRACTOR, by its signature, certifies that Project funding from sources other than those provided by this contract and identified above has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for the DEPARTMENT'S review upon reasonable request. CONTRACTOR TITLE DATE 12 ATTACHMENT C PROJECT SCOPE OF WORK Project Summary This contract is for capital expenditures related to development of a parking lot and restroom facility to Serve the Historical Cabins Park, to be located at 4~ Avenue S. and S. 348th Street. The City of Federal Way acquired the site in 1992 as part of the 1989 King County Open Space Bond program. The site is contiguous to the West Hylebos State Park. The parking lot will serve as a trailhead for the West Hylebos State Park as well as serve the Historical Cabins Park. The Historical Cabins Park is a partnership between the Federal Way Historical Society and the City of Federal Way. The parking lot will complete a two-phase project. The first phase, completed in 2002, was the installation of a trail that begins at the edge of the proposed parking lot to the trail head of the West Hylebos State Park boardwalk. The parking lot will provide for approximately 16 cars. The scope of work will include grading, storm water drainage facilities, landscaping, a restroom building and signage. The parking lot surface will be grass filled infiltration blocks to decrease the amount of surface water runoff. The parking for the West Hylebos State Park is currently a grass field that is within the wetland buffer. The use of this informal parking area will terminate with the completion of this project. Construction will begin in June 2004, and is expected to be completed by September 2004. 13 MEETING DATE: November 18, 2003 ITEM# . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Mid-Biennium Review of 2003-2004 Human Services Contracts CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGETIMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated November 3, 2003. Attachments to the Memo include the Human Services Mid-Biennium Reivew Recommendations for 2004; the Mid-Biennium Review Criteria; information regarding Auburn Youth Resources - contract termination; Memo to the Human Services Commission regarding the 2004 One-time Funding Plan; and the 2003-2004 Funding Recommendation with the original Contingency Plan. SUMMARY/BACKGROUND: Last year the Council approved the 2003-2004 allocation plan, with the understanding that the second year funding is contingent upon satisfactory contract performance and upon City funding available. When the City Council approved the use of the two-year funding cycle, they directed the Commission to conduct a mid- biennium review of agency contract performance. The purpose of the commission,s review was to evaluate agency contract performance and recommend for each program whether funding for 2004 should continue at the allocated levels, or if the program's funding should be decreased in case of unsatisfactory contract performance. The Commission's evaluation determined that thirty-five human services funded program's have satisfactory contract performance and the Commission recommends that these programs be maintained at 2004 allocation level. The Commission is recommending that one agency, Auburn Youth Resources, contract be terminated for 2003/2004 based on diminished performance and a significant reduction in meeting performance outcomes. However, in their recommendation, the Commission provides an opportunity for Auburn Youth Resources to amend their original application they submitted to the City in 2002 to be re- considered for 2004 funding based on a set of revised program and performance measures. If Auburn Youth Resources successfully submits an amended application that addresses the Commission's concerns, the Commission could recommend to Council that the agency receive its 2004 allocation award of $11,690. The other part of the mid-biennium review process was the development of a one-time funding plan for the second year of the biennium, for the amount of one-time funds available each year. The Human Services funding base for each year of the biennium is $412,500. The estimated amount of one-time funds available for 2004 is $41,426 - $48,926. Sources of one-time funding include: employee and defendant donations to the Human Services fund and unspent portions of previous year human services contracts. The Commission recommends using the original one-time contingency plan, (refer to Attachment 7) with the following caveat, to discontinue Auburn Youth Resources one-time funding award of $3,310. The original funding recommendations indicated an amount of $445,838, which includes Phase I and Phase II. Phase III represents an additional amount of $14,000 in priority order. These final projects are expected to be implemented as they are fully funded in 2004. CITY COUNCIL COMMITTEE RECOMMENDATION: At their November 10, 2003 meeting the PRHSPS Council Committee approved the Commission's recommendation to maintain the 2004 allocation levels for 36 Human Services funded projects, with the exception that Auburn Youth Resources (AYR) will only receive a 2004 award of $11,690, contingent upon Commission/Council approval of an amended application ~om the agency. PROPOSED MOTION: I move approval of Council Committee's recommendation to maintain the 2004 allocation levels for all 36 Human Services funded projects, with the exception that Auburn Youth Resources receives their 2004 award contingent upon Commission/Council approval of an amended application from the agency, and approval of the original 2004 one-time funding plan. CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: November 3, 2003 Angelina AIl~,~si, Human Services Manager David Mosel~Z:i~lVla nager Mid-BienniurVl'RevieW of 2003-04 Human Services Contracts Background At your November 10, 2003 meeting, the Committee viii take action on the Commission's recommendations regarding 2004 Human Services Commission allocations, based on our evaluation of agency contract performance. I will be a't the meeting to present the recommendations and respond to your questions. This Memo describes the following: · The purpose of the mid-biennium review; · The process used to evaluate contract performance; and · The Commission's recommendations regarding the 2004 Human Services Fund allocations and 2004 one-time funding. Attachments include: 1)the Human Services Commission Mid-Biennium Review Recommendations for 2004; 2) the Mid-Biennium Review Cdteda; 3) Memo to the Human Services Commission regarding 2004 One-Time Funding dated October 10, 2003; and 4) the approved 2003-04 Funding Recommendations and Contingency Plan. Detailed summary sheets are available from the Human Services Division office if you would like specific contract performance information on each program. Last year the Council approved the two-year allocation plan, with the understanding that the second year funding (for 2004) is contingent upon satisfactory contract performance and upon City funding available. When the City Council approved the use of the two-year funding cycle, they directed the Commission to conduct a mid-biennium review of agency contract performance. The purpose of the Commission's review was to evaluate agency contract performance and recommend for each program whether funding for 2004 should continue at the allocated level, or if the program's funding should be decreased in the case of unsatisfactory contract performance. The other part of the mid-biennium review process is to review options for one-time funding for 2004. The Council has allocated $412,500 human services general funds for each year of the 2003-04 biennium. In addition, a small amount ofone-time funds is available each year. Sources of one-time funding include: employee and defendant donations to the Human Services fund and unspent portions of previous year human services contracts. The estimated amount of one-time funds available for 2004 is between $41,426 and $48,926, compared to $42,338 for 2003. Process Used to Evaluate Agency Contract Performance The Commission conducted the mid-biennium review of 2003-04 contracts at our September 1 and October meetings. The Commission reviewed individual reports on each of the 36 Human Services funded programs. The contract performance review included evaluating program performance in three areas: 1) how agencies were performing on the contract goals for the number of service units provided (i.e. number of Federal Way residents served, number of counseling hours provided); 2) how agencies were progressing in developing outcome evaluations for their programs which measure the results and effectiveness of services; and 3) general agency operation. (See Attachment 2, Review Cdteria for more detail.) In September, the Commission began the evaluation of contract performance for the 36 human services funded programs. The recommendation options the Commission used were to maintain the 2003 allocation level due to satisfactory contract performance, decrease the 2003 allocation level due to unsatisfactory contract performance, and to recommend for 2004 one- time funding as available. In October, the Commission continued the evaluation contract performance, prepared the 2004 one-time funding plan, and finalized the recommendations for transmittal to the City Council. Commission's Recommendations Regardin.q 2003 Base Funding (~;412,500) Of the 36 programs being funded by the City in 2003, the Commission is recommending that thirty-five programs be maintained at the 2003 allocation level because they are performing well on their contracts. The Commission's evaluation found that the majority of the programs funded by the City are on track to meet or exceed the annual contract goals; are developing evaluations for their programs that focus on effective results for clients; and are running smoothly administratively. The Commission is recommending that one agency, Auburn Youth Resources, contract be terminated for 2003~2004 based on diminished performance and a significant reduction in meeting performance outcomes. However, in their recommendation, the Commission is providing an opportunity for Auburn Youth Resources to amend their original application they submitted to the Cityin 2002 to be re-considered for 2004 funding based on a set of revised program and performance measures. If Aubum Youth Resources successfully submits an amended application that address the Commission's concerns, the Commission could recommend that the agency receive its 2004 allocation award of $11,690. This recommendation would then come forward as a separate action item for the Council Committee's review at a future meeting. Because this is a unique matter, I would refer you to Attachment 3, 4 and 5, which provides you with additional information regarding this issue. Commission's Recommendations Regarding 2004 One-Time Funding ($41,426 - ~48,926) Each year, a small amount of one-time Human Services funding becomes available, over and above the Human Services Fund base. Due to the sources of these funds, the specific amount cannot be predicted during the biennial allocation process. For this reason, the Commission recommends a one-time funding plan so that the one-time fund can be used as they become available. Sources of one-time funding include: employee and defendant donations to the Human Services fund and unspent portions of previous year human services contracts. The estimated amount of one-time funds available for 2004 is between $41,426 and $48,926, with approximately $35,000 coming from defendant donations. During the first quarter of 2003, City prosecutors include certain provisions in their plea negotiations to address the impact of cdminal conduct on the community. Defendants with no criminal histo~/are permitted to make a donation to the City's Human Services Fund, along with conditions relating to the specific cdme charged (i.e. alcohol/drug awareness or domestic violence treatment). In preparing the 2004 one-time funding recommendations, the Commission reviewed the original 2003-04 human services funding recommendations and contingency plan, the 2003-04 allocations 2 approved by the City Council, and the 2003 one-time funding plan approved by the Council. In addition to the 36 human services programs that received 2003-04 funding, Catholic Community Services (Children's DV Program), and the Federal Way Community Caregiving Network (Transitional Shelter) received 2003 one-time funding only. They did not receive a regular allocation for 2003-04, but were awarded 2003 one-time funding. The Commission reviewed the contract performance of these programs as well and recommended 2003 one-time funding for these programs as it became available. At the time when my October 10th Memo to the Human Service Commission was presented, (Refer to Attachment 6), the Children's Therapy Center is identified as having received funds in 2003. After researching the matter, the Children's Therapy Center did not in fact receive funding, which means the total one-time donations available in 2003 was $42,338 not $47,339 as stated in the Memo. The Commission reviewed the original 2003-04 contingency plan, and added the following caveat, to discontinue Auburn Youth Resources one-time funding award of $3,310. The original 2003-2004 Funding Recommendation included three phases in addition to the base amount of funding. The original funding recommendations indicated an amount of $445,838, which includes Phase I and Phase II. Phase III, listed belov~ represents an additional amount of $14,000 in priority order. These final projects are expected to be implemented as theyare fully funded. Refer to the Attachment 7, which describes the approved 2003-2004 Funding Recommendations and phased contingency plan. (In priority order) i A.qenc¥/Pro_qram Request 2003-04 2004 Rec. 2004 ', , Allocation One-Time Total i 2) Catholic Community Services i Children's DV Program ; 3) FW Community Caregiving Network ' Transitional Shelter ; 4) Children's Therapy Center ' Therapy Assistance 1) King County Sexual Assault Center Comprehensive Sexual Assault Serv. $ 35,000 $30,000 $ 2,000 $ 0 $ 4,000 $ 2,000 $10,000 $ 0 $ 5,000 $35,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 5,000 $ 5,000 TOTAL 2,002 ONE-TIME FUNDING RECOMMENDATIONS $14,000 Summary The Commission is confident that the 2004 allocations and recommended one-time funding plan address the most cdtical needs in Federal Way and the City Council's four funding priorities for human services - basic needs, public safety, self-sufficiency and independence and strong neighborhoods. I look forward to discussing the 2004 Mid-Biennium Review and One-time Funding Recommendations with you at your November 10, 2003 meeting. If you have any questions about the recommendations before your meeting, please contact me at 253-661-4039. Committee Recommendation I move to approve the Human Services Commission's recommendation to maintain the 2004 allocation levels for 36 Human Services funded projects, with the exception that Auburn Youth Resources (AYR) will only receive a 2004 award of $11,690, contingent upon Commission/Council approval of an amended application from the agency. The Mid-Biennium 2004-allocation item is to be forwarded on to full City Council for their review on November 18, 2003 and the Commission/Council approval of an amended AYR application will be forwarded as a separate action item for the Council Committee's review at a future meeting. d,OVAL OF COMMITTEE T~ ittee~Chair ,mber CITY OF FEDERAL WAY 2003-2004 HUMAN SERVICES GENERAL. FUNDING ATTACHMENT 1 AGENCY PROGRAM COUNCIL 2003 FUNDING STAFF RECOMM. COMMISSION STRATEGY Includes OTF if 2004 FUNDING RECOMM. applicable 2004 FUNDING COUNCIL GOAL #'1 BASIC NEEDS Catholic Community Services After-H~)urs Voucher Shelters/Transitional $5,000 Maintain Maintain Prog,ram Housing Catholic Community Services Emergency Assistance Shelters/Transitional $5,000 Maintain Maintain Housing Community Health Centers Dental Care Health & Dental $15,900 Maintain Maintain Community Health Centers Medical Care Health & Dental $31,509/$318 Ma'intain Maintain ($31,827) Emergency Feeding Program Emergency Feeding 'Food & Clothing $7,183/$617 Maintain Maintain ($7,800) FW Community Caregiving Emergency Shelter Shelters/Transitional $13,285/$1,715 Maintain Maintain Network Housing ($15,000) Federal Way Senior Center Adult Day Care/Nutrition Senior Meals/Adult $11,643/$858 Maintain Maintain care ($12,500) FW Community Caregiving Transitional Shelter Shelters/Transitional $2,000 Maintain OTF "' Maintain OTF Network Housing The Joseph Foundation Noyes Transitional Home Shelters/Transitional $3,000 Maintain Maintain Housing Multi-Service Center Food and Clothing Food & Clothing $31,000 Maintain Maintain M~lti-Service Center Shelter Shelters/Transitional $36,200 Maintain Maintain Hou, sing Senior Services of Seattle-King Congregate Meals Senior Meals & $2657/$343 Maintain Maintain County Transportation ($3,000) , Senior Services of Seattle-King 'Meals on Wheels Senior Meals & $8,986/$575 Maintain Maintain County Transportation ($9,500) Senior Services of Seattle-King Volunteer Transportation Senior Meals & $5,288/$412 Maintain Maintain County Transportation ($5,700) TOTAL- GOAL #1 BASIC NEEDS $183~427, ATTACHMENT 1 CITY OF FEDERAL WAY 2003-2004 HUMAN SERVICES GENERAL FUNDING AGENCY PROGRAM COUNCIL 2003 FUNDING STAFF I COMM. RECOMM. STRATEGY RECOMM. 2004 2004 FUNDING I FUNDING COUNCIL GOAL #2 PUBLIC SAFETY ACAP Child and FamilY APPLE Parenting Prevention/Early $5,000 Maintain Maintain Services Intervention Auburn Youth Resources FW Teen Drop-In Center Prevention/Early $11,690/$3,310 Funding not Funding not Intervention ($15,000) recommended recommended including OTF. including OTF. Catholic Community Children's DV Program Intervention Services $2,000 Maintain OTF Maintain OTF Services Children's Home Society of Strengthening Families Intervention Services $5,000 Maintain Maintain WA Children's Therapy Center Therapy Assistance Intervention Services $0 If OTF available If OTF available recommend recommend funding. funding. Crisis Clinic Teen Link Prevention/Early $3,000 Maintain Maintain Intervention Birth to Three Development Family Services Support Prevention/Early $19,000/52,000 Maintain Maintain Center Intervention ($21,000) Domestic Abuse Women's Confidential Shelter Victim Assistance $15,000~52,000 Maintain Maintain Network ($17,000) ~ Boys and Girls Club Operating Support , Prevention/Early $10,000 Maintain Maintain Intervention Institute for Family PACT/Counseling Prevention/Early $3,000 Maintain Maintain Development Intervention KC Sexual Assault Comprehensive Sexual Victim Assistance $30,000155,000 Maintain Maintain Resource Center Assault Services ($35,000) Korean Women's Domestic Violence Victim Assistance $7,000 Maintain Maintain Association Intervention/Prevention Program Valley Cities Counseling & Child & Family Counseling Prevention/Early $35,000/$10,000 Maintain Maintain Consultation Intervention ($45,000) 2 ATTACHMENT 1 AGENCY PROGRAM COUNCIL 2003 FUNDING STAFF COMMISSION STRATEGY Includes OTF if RECOMM. RECOMM. applicable 2004 FUNDING 2004 FUNDING Valley Cities Counseling & Family Support Ctr - Intervention $5,000/$1,911 Maintain Maintain Consultation Laurelwood Gardens ($6,911) Valley Cities Counseling & Domestic Violence Victim Assistance $5,000 Maintain Maintain Consultation Treatment Program Valley Cities Counseling & DV Advocacy Services Victims Assistance $25,000/$5,000 Maintain Maintain Consultation ($30,000) TOTAL GOAL #2 PUBLIC SAFETY $209~911 Maintain COUNCIL GOAL #3 SELF-SUFFICIENCY Maintain ACAP Child and Family Subsidized Child Care Child Care Assistance $8,000/$2,000 Maintain Maintain Services ($10,000) Catholic Community Volunteer Chore Services Self-Sufficiency for $3,000 Maintain Maintain Services Targeted Populations Pregnancy Aid of Seattle KC Pregnancy Aid Self-Sufficiency for $1,500 Maintain Maintain Targeted Populations Multi-Service Center Literacy Program Employment Support $12~000 Maintain Maintain WA Women's Employment Computer Applications Employment Support $6,000 Maintain Maintain & Education WA Women's Employment Job Readiness Employment Support $17,500/$1,500 Maintain Maintain & Education ($19,000) TOTAL. GOAL #3 SELF-SUFFICIENCY $51~500 COUNCIL GOAL #.4 STRONG NEIGHBORHOODS Crisis Clinic Telephone Services Collaboration & Strong $9,159/$840 Maintain Maintain Neighborhoods ($10,000) TOTAL - GOAL #4 $10,000 GRAND TOTAL $454,838 ATTACHMENT 2 City of Federal Way 2003-2004 Mid-Biennium Review of Human Services Contracts Review Criteria The review of each program summarizes the Human Service Grantee's performance in the areas of outputs, outcomes and agency administration. Below is the criteria each agency should achieve in three specific areas. Outputs (Quantity of services delivered) · Based On the.agencies second quarter report, agencies should demonstrate they are near 50% of their annual goal. · Agencies who are less than 50% of their goal will have a solid rationale for being behind and an action plan for meeting remaining annual goals. · Agencies that were funded in Past years, their contract performance of the previous full year will be taken into account. (I.e, if an agency is behind in meeting contract.goals, is this the first time they've been behind or do they have a history of being, behind?). Outcomes (Is the program making a difference)? · The agency is collecting and reporting outcome data to the City. · The agency uses clear indicators and appropriate measuring tools to document progress toward outcomes. · If the agency is not using clear indicators, the agency has revised their outcomes, indicators, tools, and data collection methods to accurately report whether they are making progress toward achieving their outcomes. · The agency reports results that can demonstrate whether measurable differences have occurred. Agency Administration · The agency complies with City contract requirements, including submission of timely and accurate qUarterly reports. · The'agency appears to be running smoothly, without major organizational capacity issues (i.e. turnover) or negative program changes. · The City has received no complaints about the program's services. ATTACHMENT 3 AUBURN YOUTH RESOURCES - CONTRACT TERMINATION BackRround Auburn Youth Resources (AYR) was awarded a 2003-2004 $15,000 grant in support of their Teen Drop In-Center Program. During the course of the contract, AYR's 2003 second quarter report specified that the agency was having trouble meeting their expected :goals for their case management and skill building areas. This is primarily due to the fact that the agency has utilized a blended funding approach that combined funding from several sources to maintain their Homeless Youth Program and the Teen Drop-In Center was a part of this overall program. During the first half of the year, AYR was directed by its major funding source to focus their efforts strictly on the homeless youth noted in their program. This shift in focus caused AYR staff to redirect their work load from spending hours on providing case management and skill building services to Federal Way youth to homeless and runaway youth near Sea-Tac and north of Pacific Highway 99. AYR has successfully used this blended funding concept in its Federal Way programs in the past and the redirection by its major donor was unexpected, and was not anticipated when the goals were developed for this years contract. Auburn Youth Resources (AYR) staff was asked to respond to a set of questions in preparation for the Commission's September 15th meeting. Refer to Attachment 4 that identifies AYR's response. At the September 15th meeting the Commission met with AYR staff and expressed their concerns that the agency did not specifically respond to their questions. At the meeting, AYR was directed by the CommissiOn to submit an amendment that would explain how the decrease in skills building and case management hours would not change the scope and level of services provided to the teens being served at the Teen Drop-In Center. Unfortunately, AYR's amendment did not address these issues. Attachment 5 is a copy of the Amendment letter. Recommendation to terminate AYR's COntract On October 20, 2003, the Federal Way Human Services Commission recommended termination of the Auburn Youth Resources contract for 2003~2004 based on diminished performance and a significant reduction in meeting performance outcomes. The Commission further recommended that Auburn Youth Resources may amend the original application submitted to the City to be considered for funding in 2004 based on a set of revised program and performance measures. However, the grant award that Auburn Youth Resources could receive will be $11,690 because the CommissiOn recommended, in its 2004 One-time Funding Plan, to discontinue funding Auburn Youth Resources one-time funding award of $3,310. With the termination of the contract, Auburn Youth Resources will have a balance of $7,500 remaining in the contract that will be carried over into 2004. These funds have the potential to be available for other human service agencies currently being funded by the City. This was a difficult decision for the Commission to make. However, they are allowing Auburn Youth Resources the opportunity to amend their original application in order to be considered for funding in 2004. ATTACHMENT 3 It is also important to point out that in Auburn Youth Resources contract, there is language that gives authority to the City Manager to terminate the contract any time with or without cause. Since the City has never used this authority in the past, staff felt the Council should be briefed on the action before termination proceedings commence. I look forward to discussing the Commission's recommendation with you at your November 10, 2003 meeting. If you have any questions about the recommendations before your meeting, please contact me at (253) 661-4039. What can the City expect AYR to provide in services for the remainder of the year.'? We expect to be at or above our target relative to number of unduplicated youth served (35), however we do not expect be able to reach the targeted hours for Case Management and Skill Building. Does AYR have a recovery plan/strategy and timeline that is in place (or will be in place) to reach the project/stated goals? As noted we will be able to reach our goals in the area of number of unduplicated Federal Way youth served. It will not be possible to meet the goals we had hoped for in the case management and skill building areas. Based on your staff analysis, what are the preliminary numbers for the 3rd quarter report? Has the Teen-Drop in Center been able to help more teens or are the numbers similar to last quarter? We expect the trend established during the first half of the year to deteriorate somewhat into the third quarter. Our estimate is that year to date youth served will be 30 unduplicated youth served, case management hours will be 80 and skill building hours of approximately 60 can be expected year to date at the end of the third quarter. During the first half of the year, the building that is used for the drop-in center has been vandalized and the other tenants of the facility have insisted that substantial changes in our program be made including removing the basketball hoop outside the center. While we have determined that none of the youth' connected with our program were involved in the vandalizing the facility, this situation has resulted in reduced youth visiting the facility. In addition, the circumstances noted below are impacting our staffing the hours available for case management and skill building. While the number of youth being served is on target the hours that are projected for case management and skill building are expected to be substantially lower than we had hope for. In looking at the future of serving FW at-risk teens, what is AYR's strategy for continuing to serve at-risk or homeless teens in the area? Auburn Youth Resources has been and continues to be committed to serving at- risk and homeless youth in the Federal Way area. In fulfilling this commitment we have utilized a blended funding approach that combines funding from several sources to maintain a total aPproach to youth in the area. This has been a well- accepted approach to non-profits such as AYR in funding ongoing operating expenses. During the first half of the year we have received extreme pressure from the major funding source of the Federal Way program to focus strictly on the homeless youth noted in their program. This has necessitated that staff be redirected from the hours spent providing case management and skill building services to Federal Way youth to onl); homeless and runaway youth in the Hiway 99 corridor. We have utilized this blended funding approach at Federal Way for many years and the pressure to revise this concept was unexpected and was not included in development of the goals contained in the contract proposal for this year. Is AYR considering to switch its focus from serving at-risk teens at the Teen-drop in center to conducting outreach? The refocusing of our program has been necessitated due to completely unexpected requirement by our major funding source. We are carefully reviewing our long2term strategy to develop a plan and an approach that will allow us to focus on both homeless and at-risk youth in the Federal Way area. This dual approach will require substantial funding increases in funding particularly directed toward services aimed at-risk youth. Ethically, why would AYR use other restricted sources of funds to help subsidize the Teen-Drop in Center? As noted, the approach behind the blended funding concept is that several sources of funds are used to fund an overall program. This approach is utilized by AYR in many of its programs and has been and continues to be a very appropriate approach to funding ongoing expenses. This approach was noted in our 2003 Human Services General Fund application to Federal Way. Has AYR been able to raise other funds to nm the Teen-Drop in Center program? Yes, for the 2003 year we requested and received funding from United Way as well as the city of Des Moines to support the program based in Federal Way. While this is new funding, our attempts to obtain funds from other sources for this program have been unsuccessful. Will AYR staff be in a position to focus their efforts on the Teen-Drop in Center? Does the agency have the staff resources to successfully do this? With the refocusing of staff into the outreach area, we are currently limited in staffing specifically targeted to the drop in center as well as service hours on a per youth basis. The funding from the city covers approximately one-fourth FTE for staffing at the facility. The contract regarding the outreach program expires during 2004 and our lease at the current drop-in location also expires next year. We plan to put together a team consisting of AYR staff, other personnel interested in'our programs to develop an approach that makes sense to serve homeless and at-risk in the Federal .Way area. A major aspect of this study will include whether or not sufficient funding can be conunitted to developing and maintaining a successful program aimed at at-risk youth in the Federal Way area. At the conclusion of this analysis we will be in a position to speak effectively to this concern. AYR 816 F Street SE · Auburn, Washington 98002-6121 phone: (253) 939-2202 .fax: (253) 735-1894 September 30, 2003 Angelina Allen-Mpyisi Human Services Manager City of Federal Way 33530 1st Way South Federal Way, WA 98063-9718 '" RECEIVED BY COMMUNITY DEVELOPMENT r~m~,- ...... OOT 06 2003 Dear Ms. Allen-Mpyisi, We would like to thank you and the City of Federal Way Human Services Commission for the opportunity to allow us to address your group and answer questions pertaining to Auburn Youth Resources' contract we have with the City of Federal Way for our Teen Drop In Center. You asked that we write a letter to request an amendment to our present contract that would more clearly reflect the number of case management hours and skill building hours AYR staff would be able to provide to Federal Way youth. Our present 2003-2004 contract with the City of Federal Way reads that the 'Annual Service Units Planned' for Case Management Hours = 250 and Skill Building Hours = 375. We request that you amend our contract to read that the 'Annual Service Units Planned' for Case Management Hours = 80 and Skill Building Hours = 60. We request that the 'Annual Service Units Planned' for Unduplicated Number of Federal Way Clients Served remain at 35. Please let us know how we can be of further assistance to you and the Human Services Commission on this matter. Sincerely, ~Blanchard Executive Director 253-804-8428 Terri P. Rodman, Ed.D, LMHC Director of Residential and Outreach Services 253-804-2652 ATTACHMENT 6 DATE: TO: FROM: SUBJECT: CITY OF ~ Federal Way MEMORANDUM October 10; 2003 ~ Human Services Commission Angelina Allen-Mpyisi, Human Services Manager Mid-Biennium Review - One Time Funding Plan Background At our September 15, and 29th meetings, the Commission evaluated the contract performance of 37 Human Services funded programs. The Commissions evaluation found that the majority of the programs funded by the City are on track to meet or exceed their annual contract goals. For the October 20, 2003 meeting, the Commission moves into the final phase of the Mid- Biennium Review to discuss the various options laid out for the 2004 one-time funding plan, which will be presented to the Council with the Mid-Biennium Review recommendations. This Memo provides information on the purpose of the one-time funding plan, a summary of the estimated funds available and several options for the Commission to choose from in developing the plan. Each year a small amount of one-time Human Services funding becomes available, over and above the Human Services base funding. Due to the sources of these funds, the specific amount cannot be predicted during the biennial allocation process. For this reason, the Human Services Commission recommends a one-time funding plan, so that the one-time funds can be used as they become available. Sources of one-time funding available for 2004 include employee and defendant donations. As of September 30, 2003, $26,075 has been.collected in defendant donations and the estimated amount that is expected to be available by the end of this year is approXimately $35,000. Employee donations are currently at $5,007 and we are expected to receive another $1,419 by the end of the year for a total of $6,426. The total approximate amount that is expected to be available is: Defendant Donations Employee Donations Total $35,000 $ 61426 $41,426 Comparing this to last year's donations, which totaled $47,339, there is a difference of ($5,913) that is not available for funding in 2004. When the Commission prepared the 2003 one-time funding recommendations last year, a' 2003-2004 allocation and one-time funding plan was reviewed. The Commission noted that there were several programs in the original base plan of $412,500 that either did not get funded t° the full recommendation level or did not receive funding. The Commission recOmmended ATTACHMENT 6 that one-time funds for 2003 be allocated in three Phases so that when one-time funds became ~available, agencies could be funded at their full levels or receive funding. Based on the 2003 one-time funding plan, the following agencies received one-time funding in 2003. Agency Program Human Employee/Defendant Phases Total Services Donations when one- Funding General time funds Award Fund were received King county Comprehensive $30,000 $5,000 3 $35,000 Sexual Assault Sexual Assault Resource Services Center~ Catholic Children's DV $ 0 $2,000 3 $2,000 Community Program Services2 Federal Way Transitional $ 0 $2,000 3 $2,000 Community Shelter Caregiving (FUSION) Network3 Children's Therapy $ 0 $5,000 3 $ 5,000 Therapy Center4 Assistance Community Medical Care $31,509 $ 318 .1 $31,827 Health Centers ~ of King County Emergency Emergency $ 7,183 $ 617 :1 $ 7,800 Feeding Feeding I Program FW Community Emergency $13,285 $1,715 1 $15,000 Caregiving Shelter Network FW Senior Adult Day $11,643 $ 858 I $12,500 Center Care/Nutrition Senior Services Congregate $ 2,657 $ 343 I $ 3,000 of Seattle/KC Meals Senior Services Meals on $ 8,986 $ 515 I $ 9,500 · of Seattle/KC Wheels Senior Services Volunteer $ 5,288 $ 412 I $ 5,700 of Seattle/KC Transportation Auburn Youth Teen Drop-In $11,690 $883/$2,427 1 and 2 $15,000 Resources5 Center King County Sexual Assault Resource Center was listed as the first priority in Phase 3 to receive one-time funding. CCS listed as the second priority in Phase.3 to receive one-time funding. Federal Way C.C. Network listed as the third priority in Phase 3 to receive one-time funding~ Children's Therapy Center listed as the fourth priority in Phase 3 to receive one-time funding AYR received $883 in Phase 1 and $2,242 in Phase II for a total of $3,310 in one-time only Support for 2003. ATTACHMENT 6 Agency Program Human Employee/Defendant Phase Total Services Donations when one- Funding General. time funds Fund were received Birth to Three Family Services $19,000 $2,000 2 $21,000 Developmental Center Domestic Abuse Advo~cacy, $15,000 $2,000 2 $17,000 Women's Shelter and Network Outreach Valley Cities Child & Family $35,000 $10,000 2 $45,000 Counseling and Counseling Consultation Valley Cities DV AdvoCacy $25,000 $5,000 2 $30,000 Counseling and Services Consultation Valley Cities Family Support $5,000 $1,911 '2 $6,911 Counseling and Center- Consultation Laurelwood Gardens ACAP Child & Subsidized $ 8,000 $2,000 2 $10,000 Family Services Childcare WWEE Job Readiness $17,500 $1,500 2 $19,000 Crisis Clinic Telephone $ -9,159 $ 840 1 $10,000 ~ Services Total $255,900 $47,339 $303,239 As was earlier stated the amount of one-time funding available for 2003 was higher than is expected for 2004, which means there will be some agencies that will not receive one-time funding next year. Options for the Commission to consider As you review the options below, keep in mind that the Commission can choose one option or a combination of the options in preparing your recommendation for allocating 2004 one-time funds. Option '1 - Reduce Funded Programs based on Priority Order Assuming there will be $41,426 available from employee/defendant donations by the end of the year, the Commission will want to consider reducing funded programs by ($5,913) based on priority order in Phase II1. The following programs that were funded in 2003 will be impacted in 2004: 2004 Reduction in 2004 Adjusted levels Proposed Funding Award Phase III Funded Programs (Reduced in Priority Order) Children's Therapy Center $5,000 ($5,000) $0 Federal Way Community Caregiving $2,000 ($ 913) $1,087 Network Transitional Shelter (FUSION) TOTAL $7,000 ($5,913) $1,087 3 ATTACHMENT 6 Option 2 - Reallocate Auburn Youth Resources funding to another program If the Commission decides to recommend that Auburn Youth Resources grant award is reduced by $5,000, (refer to the Amendment in your packet, Options 2, page 4-1), the agency will lose its one-time funding of $3,310 and $1,690 from the Human Services General Fund. Assuming we will receive $41,426 in employee/defendant donations by the end of the year, $3,310 is added back to the one-time only fund and the amount that becomes available for 2004 is' $44,736. If the Commission considers this option, the Children's Therapy Centers funding will be reduced by ($2,603) and the Federal Way Community Caregiving Network's Transitional Shelter program will not be reduced. Illustrates Option 2 2004 Reduction in 2004 Adjusted levels Proposed Funding Award Phase III Funded Programs (Reduced in Priority Order) Children's Therapy Center $5,000 . ($2,603) $2,397. Federal Way Community Caregiving $2,000 ($ 0) $2,000 Network Transitional Shelter (FUSION) TOTAL $7,000 ($2,603) $4~397 Option 2A- Reallocate HUman Services Funding, reduce one-time funding by $913.00. There would still remain $1,690 in the Human Services General Fund. Because there is still a shortfall of ($2,603), the Commission may want to consider re-allocating the $1,690 from the Human Services General Fund to the Ch~dren's Therapy Center and reduce their one-time award by $913. Illustrates Option 2A 2004 Reduction in 2004 Adjusted levels Proposed Funding Award Phase III Funded Programs (Reduced in Priority Order) Children's Therapy Center $5,000 ($913) $4,0876 Total $5,000 ($913) $4,087 Staff recommendatiOn Staff recommends that the Commission maintain 2003 allocation levels for all the 37 Human Services funded projects in 2004 and adopt a one-time funding plan based on the options proposed. Proposed Motion(s): I move to recommend that the 37 Human Services funded projects maintain 2003 allocation levels in 2004 and recommend approval of Option 1 - Reduce Funded Programs based on 6 The 4,087 is a combination of $1,690 from the Human Services General Fund and $2,397 in one-time only funding. 4 ATTACHMENT 6 priority order, that are reflected in the one-time only funding plan. Refer to Attachment A. I further recommend that staff is given the discretion to modify the proposed one-time funding plan in the event the expected Employee/Defendant Donation levels are not collected based on initial financial projections. Staff will select from a combination of the options presented at the October 20, 2003 meeting. To anticipate if the COmmission recommends a reduction in Auburn Youth Resources funding award, based on Option 2 of the Amendment (page 4-1), the following proposed motion would apply: I move to recommend that 36 Human Services funded projects maintain 2003 allocation levels in 2004 and recommend approval of Option 2 - Reallocate Auburn Youth Resources One- Time and/or Human Services funding to another program.7' I further recommend that staff is given discretion to modify the proposed one-time funding plan in the event the expected Employee/Defendant Donations are not collected based on initial financial projections. If you have any questions prior to the meeting, please call me at (253) 661-4039 or an,qelina.allenmpyisi~cityoffederalwa¥.or,q. The one4ime only plan would be revised to reflect the funding adjustment. ,,, o oo oo o oo o o § o o = o o "~,_,z,~-~ cD 0 0 0 0 0 0 0 0 g IIIIII1[1[ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Interlocal Cooperation Agreement for the Regional Affordable Housing Program (RAHP) CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated November 3, 2003 including: October 13, 2003 memorandum to the Human Services Commission with the Interlocal Cooperation Agreement for the Regional Affordable Housing Program ("RAHP") and Guidelines with the transmittal letter from King County. SUMMARY/BACKGROUND: The Wasington State legislature passed Substitute House Bill 2060 in 2002 that created a $10 surcharge on recordings of real property for low-income housing. A portion of the proceeds are retained by each county in the State to utilize for very low-income housing within parameters set by the legislation. The RAHP interlocal agreement establishes how funds will be allocated; sets subregional allocation targets and monitoring; prioritizes the use of funds; and establishes eligibility for the RAHP funds. CITY COUNCIL COMMITTEE RECOMMENDATION: At the November 10, 2003 Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee meeting, the Committee voted to recommend that the City Manager be authorized to execute an Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines, in accordance with 2002 Washington Laws Chapter 294 (Substitute House Bill 2060). PROPOSED MOTION: I move to authorize the City Manager to execute an Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines, in accordance with 2002 Washington Laws Chapter 294 (Substitute House Bill 2060). CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1sT reading Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE 5.I-I Date: From: Via: Subject: November 3, 2003 ~/)~/' Kelli O'Donnell, CDBG Coordina~' David M~r~ Manager Interlocal Co~bratlon Agreement for Regional Affordable Housing Program ("RAHP") Action Background The Washington State legislature passed Substitute House Bill 2060 in 2002 that created a $10 surcharge on recordings of real property for Iow-income housing. Auditors in each county collect HB 2060 funds with counties in the State retaining a portion of the funds for very Iow-income housing. It is estimated King County will collect $2.2 million annually from HB 2060 with funds dedicated to Iow-income housing. Each county is required to enter into an interlocal agreement with the cities in the county for distribution of the funds consistent with countywide and local housing needs and policies. The Regional Affordable Housing Program ("RAHP") Interlocal Cooperation Agreement and Guidelines was formulated by a planning group formed by King County to establish how funds would be distributed regionally. Attached is the report to the Human Services Commission including the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines with the transmittal letter from King County. Commission Recommendation At the October 20, 2003, Human Services Commission meeting, Staff recommended adoption of the Interlocal Cooperation Agreement for the new RAHP. The Human Services Commission passed a motion recommending execution of the Interlocal Cooperation Agreement to participate in the Regional Affordable Housing Program following discussion of the program. Committee Recommendation I move to recommend that the City Council authorize the City Manager to execute the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines, in accordance with 2002 Washington Laws Chapter 294 (Substitute House Bill 2060) and to place this item before the full Council on November 18, 2003, for approval. II APPROVAL OF COMMITTEE REPORT: II C.o,,¢mittee Chair,/ ~~ember VComrr~ee Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: October 13, 2003 Human Services Commission ./~,,0.' Kelli O'Donnell, CDBG Coordina~.~ Interlocal Cooperation AgreemeYff for Regional Affordable Housing Program ("RAHP") ~ Action Background: The Washington State legislature passed Substitute House Bill 2060 in 2002 that created a $10 surcharge on recordings of real property for Iow-income housing. Auditors in each county collect HB 2060 funds with 5% of the proceeds deducted for administration. Counties in the State retain sixty percent of the remaining funds for very Iow-income housing. Each county is required to enter into an interlocal agreement with the cities in the county for distribution of the funds consistent with countywide and local housing needs and policies. The remaining funds are utilized by the State to support building operations and maintenance costs of extremely Iow- income housing projects. King County formed a SHB 2060 Planning Group in 2002 to produce guidelines for the distribution of SHB 2060 funds in King County. The Planning Group included representatives from King COunty, participating cities, and representatives from a variety of private housing organizations in King County. The Regional Affordable Housing Program ("RAHP") Interlocal Cooperation Agreement and Guidelines was formulated by the Planning Group to establish how funds would be distributed regionally. Attached for Commission review is the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines with the transmittal letter from King County. The Agreement: establishes how funds will be allocated; sets subregional allocation targets and monitoring; prioritizes the use of funds; and establishes eligibility for RAHP funds. The Agreement has been passed by the Metropolitan King County Council and has been forwarded for adoption by cities within King County. If Federal Way chooses not to participate, King County has requested that we decline in writing on the form attached to the Interlocal Agreement. Staff Recommendation: Staff recommends adoption of the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines. The estimated amount of funds to be collected annually is $2.2 million, which will provide a dedicated funding source for Iow-income housing. The Guidelines ensure that the funds will be distributed regionally to address both existing and future housing needs. Proposed Motion: I move to recommend that the City Council authorize the City Manager to execute an Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines, in accordance with 2002 Washington Laws Chapter 294 (Substitute House Bill 2060). ,, . ECEIVED BY ~;o~uurrv ~REEvWL°~EN'~ 95~A~'N~e~ King County Executive RON SIMS Dear Mayors, City Managers, CDBG and HOME Consortium Coordinators: September 12, 2003 I am very pleased to present for your city's review and approval the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP"), and the RAHP Guidelines, attached thereto as Exhibit 1. This regional partnership will benefit our communities through the provision of new affordable housing for many years to come. The planning process to formulate this new program was a very exciting regional process and I am grateful to all the participants from local jurisdictions and from the housing community. Following upon the work of the planning group, I recommended for King County Council approval an ordinance establishing RAHP Guidelines and an ordinance authorizing RAHP Interlocal Agreements. The ordinances were passed on July 21, 2003, and signed into law on July 30, 2003. The RAHP will allocate revenues collected by King County pursuant to Substitute House Bill 2060, passed by the state legislature last year. The RAHP guidelines are flexible, allowing for the funding of many different types of housing projects, including ownership housing, permanent rental housing, transitional housing and shelters for very low-income households. Funds generated by SHB 2060 can be used for new construction, acquisition of property and rehabilitation. The program also provides a limited amount of operation and maintenance funds for existing transitional housing projects and shelters serving very low-income households. Eligible applicants for the RAHP can be non-profits, for-profits, housing authorities and local governments. ! encourage all cities in King County to sign the RAHP Agreement, in order to adhere to the langtiage of the SHB 2060 legislation, which states that the funds are to be administered "2..according to an interlocal agreement between the county and the cities within the county...". Appropriate action by ordinance or resolution of a jurisdiction's council is required for the agreement to be effective. Council action should be taken by the end of November 2003, in time for allocation decisions for the RAHP in December. The RAHP guidelines allow a city to participate as much or as little as desired in the program. Staff Level: All cities are invited to appoint a staff person, including A Regional Coalition for Housing (ARCH) staff representing particular cities, to participate in the RAHP/HOME Working Group. On the working group, staff will review projects from their jurisdictions and work with the King County Housing and Community Development staff to make KING COUNTY COURTHOUSE 516 THIRD AVENUE, ROOM 400 SEATTLE, WA 98104-3271 (206) 296-404,0' 296-0194 FAX 296-0200 TDD E-maih ron.simsC/i)metrokc.gov ,~ King County is an EqUal Opportunity/Affirmative Action Employer and complies with the Americans with Disabilities Act ~ Mayors, City Managers, CDBG and HOME Consortium Coordinators September 12, 2003 Page 2 funding recommendations to the inter-jurisdictional Joint Recommendations Committee,. currently chaired by Mayor Ava Frisinger of the City oflssaquah. A city that participates in ARCH may elect to defer participation of their staff and allow ARCH staff to represent them, if desired. It would still be beneficial for a city to sign the RAHP Interlocal Agreement even if that city does not elect to participate in the staff work group so that the structure of the program in King County will adhere as closely as possible to the language of SHB 2060. If staff from your city have not participated in the HOME Working Group but would like to participate in the RAHP, please contact Al D'Alessandro in the King County Housing and Community Development Program, at 206-205-6562. Elected Official/Department Director Level: Your city may also have the opportunity to have a representative on the Joint Recommendations Committee (IRC). If you would like more information on the IRC and how cities' representatives are appointed, please contact Mayor Fri singer, at 425-837-3021, or Jackie MacLean, Director of King County' s Department of Community and Human Services, at 206-296-7689. Please be aware that RAHP Guidelines include allocation targets for projects to be located throughout the region based on three large sub-regional areas: Seattle, East/North County, and South County. Project location is not necessarily tied to whether a particular jurisdiction has signed the Interlocal Agreement. If your city decides not to sign the Agreement, please use the enclosed form to state in writing that your jurisdiction declines to participate in the RAHP. If you have any questions regarding the RAHP Guidelines, the Inteflocal Agreement, or the enclosed form, please contact Cheryl Markham, RAHP Planner, in the Housing and Community Development Program, at 206-205- 1417, or by e-mail, at cheryl.markham@metrokc, gov. Please return your signed Agreement or form to the King County Housing and Community Development Program, 821 Second Avenue, Suite 500, Seattle, WA 98104, Attention: Cheryl Markham. Thank you for your assistance in making this regional program a success. ~Sincerely, , King County Executive Enclosures The Honorable Ava Frisinger, Mayor, City of Issaquah Katie Hong, Office of Housing, City of Seattle Jackie MacLean, Director, King County Department of Community and Human Services ( ) REGIONAL AFFORDABLE HOUSING PROGRAM INTERLOCAL COOPERATION AGREEMENT' An Agreement for therUse of SHB 2060 Local Low-Income HoUsing Funds in King County THIS AGREEMENT is entered into between King County, a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as the "County", and the City of , hereinafter referred to as the "City", said Parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, the King County Countywide Planning Policies, hereinafter referred to as the "CPPsv, developed pursuant to the Washington State Growth Management Act, have established standards for cities to' plan for their share of regional growth and affordable housing; and' WHEREAS, to 'implement the CPPs, the King County Growth Management Planning Council appointed a public-private Housing Finance Task Force in 1994, hereinafter referred to as the "HFTF", to recommend potential fund sources for affordable housing for existing low- income residents and for meeting the affordable housing targets for future growth; and WHEREAS the HFTF recommended a document recording fee as a source of regional dollars for low-income housing development and support, and recommended that representatives of the County, Cities and the housing community work together to make decisions about the use and administration of such a fund; and WHEREAS in March 2002, Substitute House Bill 2060, hereinafter referred to as SHB 2060, was passed by the Washington State LegislatUre and was signed into law by the Governor as Chapter 294, 2002 Washington Laws in April 2002, and was effective on June 13,. 2002. SHB 2060 provides, in large part, that: A surcharge of ten dollars per instrument shall be charged by the county auditor for each real property document recorded, which will be in addition to any other charge authorized by law; After retention of up to five percent (5%) for collection administration, forty percent (40%) of the revenue will be transmitted monthly to the state treasurer, and sixty percent (60%) of the revenue will be retained by the county and deposited into a fund that must be used by the county and its cities and towns for housing projects or units within housing projects that are affordable to very low-income households at or below fifty pe3cent (50%) of the area median income. The local portion of the funds must be allocated pursuant to an interlocal agreement between the county and the cities within the county that is consistent with countywide and local RAHP ICA / Page 2 housing needs and policies, and pursuant to the eligible activities listed in the SHB 2060 legislation; and WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between King County and cities in the King County Community Development Block Grant Consortium, hereinafter referred to as the "CDBG Agreements", and/or existing Interlocal Cooperation Agreements between King County and cities in the King County HOME Investment Partnerships Program Consortium, hereinafter referred to as the "HOME Agreements", are not modified by this Regional Affordable Housing Program Agreement; and WHEREAS, the City and King County agree that affordable housing is a regional issue, that cooperation between the Cities and the County is beneficial to the region, and that a regional approach to utilizing the SHB 2060 funds will allow those funds to be used in the most productive manner; and WHEREAS, it is mutually beneficial and desirable to enter into a cooperative agreement in qrder to administer the SHB 2060 revenue as a regional fund, as authorized by the Intergovernmental Cooperation Act, RCW 39.34, and, as required by SHB 2060; N6w, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: RAHP ICA / Page 3 Definitions and Interpretation. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. "Joint Recommendations Committee" or "JRC" means the inter-jurisdictional body developed pursuant to the CDBG Agreements and the HOME Agreements. The JRC is currently composed of five (5) cities' representatives and four (4) King County representatives. The King County Executive appoints the four County representative seats. The King County Consortium's HOME-only cities rotate one of the City representative seats, and the Suburban Cities Association selects the four remaining City representative seats. A small city representative is a priority for one of the four remaining City seats. JRC members are appointed for a term two years, with the exception of the alternating HOME-only cities' seat, which revolves every year. "HOME Working Group" means the staff work group consisting of staff representatives from participating Cities and from the County that work together to recommend annual capital fund allgcations for housing projects and related policies to the inter-jurisdictional Joint Recommendations Committee. "2060 Planning Group" means the planning group consisting of staff representatives from the Cities, from the County, and from the housing community that worked together between August 2002 and OCtober 2002 to develop guidelines for the local portion of the SHB 2060 funds, pursuant to the recommendations of the HFTF. RAHP ICA / Page 4 II. General Agreement The purpose of this agreement is to establish the "Regional Affordable Housing Program", hereinafter "RAHP", to be administered by King County in cooperation with Cities and Towns within the County that choose to participate in the program. The local portion of SHB 2060 revenue shall be adminiStered as a regional fund by the King County Housing and Community Development Program in a manner that is consistent with countywide and local housing needs and policies. The City and the County agree to cooperate in undertaking RAHP activities. III. General Administration~ Distribution and Use of the RAHP. Ao Expansion and role of the JRc. The JRC shall be the body that reviews and adopts annual RAHP fund allocations and related allocation polices, consistent with the King County Council-adopted RAHP Guidelines, the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. The membership of the JRC, as authorized by the CDBG and HOME Agreements, and as defined herein, shall be expanded to include an appointment from the City of Seattle. The Seattle JRC representative will attend meetings that concern the SHB 2060 fund and will be entitled to vote solely onSHB 2060 issues and not on other King County Consortium RAHP ICA / Page 5 matters coming before the IRC. The Seattle representative shall be an elected official, department director or comparable level staff. Bo Incorporation by reference of certain amendments to the King County Consortium's CDBG and HOME Agreements. CDBG and HOME Agreement Cities and the County agree to convene a special working group in 2003 to recommend changes and/or expansion of the representation of cities 'on the JRC in the CDBG and HOME Agreements. The special working group shall make recommendations on the constitution of the JRC in time for CDBG and HOME Agreement cities to reach agreement on amendments by December 31, 2003. Amendments made to the CDBG and HOME Agreements concerning the representation of cities on the JRC, shall be incorporated by reference into this RAHP Agreement and the RAHP Guidelines. Amendments to the CDBG and HOME Agreement cities' representation on the JRC shall not alter the City of Seattle's seat on the IRC for RAHP purposes. Co Expansion of the HOME Working Group. The HOME Working Group, as defined herein, shall be expanded to include an appointment from the City of Seattle's Office of Housing, and shall be re-named the "RAHP/HOME Working Group". Seattle staff will be entitled to participate solely in making SHB 2060 program recommendations and not in other King County Consortium matters coming before the RAHP/HOME Working Group. Each city that participates in the RAHP is entitled to have a staff person on the RAHP/HOME Working Group. RAHP ICA / Page 6 Role of the RAHP/HOME Working Group. The RAHP/HOME Working Group Shall make annual RAHP fund allocation and related allocation policy recommendations to the JRC. The RAHP/HOME Working Group recommendations shall be consistent with the King County Council-adopted RAHP Guidelines, the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. Pursuant to the RAHP Guidelines, the RAHP/HOME Working Group shall examine the percentages of RAHP funds distributed to the subi'egions of the County following the' 2004 and 2005 funding rounds, and shall recommend actions to achieve geographic equity by the time the RAHP Agreement expires in 2006. City and County staffwill work together to take actions to achieve geographic equity in the distribution of RAHP funds. Eo Administration of RAHP Programs. The King County Housing and Community Development ("HCD") Program staff shall distribute RAHP funds pursuant to the allocations adopted annually by the JRC, and shall administer the program pursuant to the RAHP Agreement and the King County Council-adopted RAHP Guidelines, attached hereto as Exhibit # 1. King County HCD staff shall provide the RAHP/HOME Working Group, the JRC, and participating jurisdictions with an annual report that provides information about the capital housing projects that were awarded RAHP funds in that year; in addition to RAHP ICA/Page7 t4-'11 the status of Capital housing projects that were awarded RAHP funds in a prior year(s). King County HCD staff shall invite the staff of participating cities to be involved in a focus group to further develop the RAHP Operations and Maintenance ("O&M") Fund, and to be on the review panel that will recommend O&M funding awards to the JRC. Administrative Costs. King County agrees to pay the costs of administering the Regional Affordable Housing Program. No portion of the sixty percent (60%) of the SHB 2060 revenue retained by King County in a fund for the RAHP shall be utilized for RAHP administration. Go Interest on the RAHP Fund. Interest accrued on the sixty percent (60%) of the SHB 2060 revenue retained by King County in a fund for the RAHP shall remain with the RAHP fund and will be distributed to projects according to the subregional allocation target formula found in the RAHP Guidelines, attached as Exhibit 1. H. Sub-Regional Geographic Equity. The parties intend that the RAHP funds shall be ~ awarded to projects throughout King County in a fair and equitable manner over the duration of this agreement. Equity is to be achieved through sub-regional allocation targets, as follows: A fixed percentage of RAHP local funds will be allocated to sub- RAHP ICA / Page 8 regions of the County by the end of this 4-year Agreement, as specified by a formula contained in the RAHP Guidelines, attached hereto as Exhibit #1. General Use of Funds. The local portion of the SHB 2060 revenue shall be utilized to meet regional housing priorities for households at or below 50% of area median income, as established in the RAHP Guidelines, attached hereto as Exhibit #1. Jo Compliance with Fair Housing LaWs. Parties to this agreement must take actions necessary to ensure compliance with the Federal Fair Housing Act, as amended, the Americans with Disabilities Act of 1990, and other applicable state and local fair housing laws. IV. Agreement Duration This Agreement shall remain in full force and effect through December 31, 2006, when this agreement will expire. The 2060 Planning Group will re-convene in the spring of 2006 to evaluate the RAHP and to recommend whether the RAHP Guidelines and the RAHP Interlocal Agreement should be re-negotiated or renewed in their current formats. V. General Matters and Recording No separate legal or administrative entity is created by this Agreement. Neither the JRC, the RAHP/HOME Working Group, nor the 2060 Planning Group are RAHP ICA / Page 9 anticipated to acquire or to hold any real or personal property pursuant to this Agreement. Any personal property utilized in the normal course of the work of such bodies shall remain the property of the person or city initially offering such personal property for the use of any such body. Bo Pursuant to RCW 39.34.040, this Agreement shall be filed with the King County Auditor. CITY OF KING COUNTY, WASHINGTON Signature of Chief Executive Officer Name and Title (printed) Date: Approved as to Form: Signature of City Attorney Da~e: Ron Sims, County Executive Date: Signature of County Prosecuting Attorney Date: RAHP ICA / Page 10 EXHIBIT I Regional Affordable Housing Proeram Guidelines Regional Affordable Housing Program Guidelines Guidelines for the Administration and Allocation of SHB 2060 Local Low-Income Housing Funds In King County A. Introduction The provisions of Substitute House Bill 2060 became effective in Washington State on June 13, 2002. SHB 2060 created a document recording fee on certain documents to be utilized for low- income housing. Administration of the fund is shared between local governments and the State. The local portion of SHB 2060 funds is to be administered pursuant to a cooperative agreement between the County and the Cities and Towns within the County. The work of the Housing Finance Task Force ("HFTF"), appointed by the King County Growth Management Planning Council in 1994, led to the passage of SHB 2060. In 'recognition of the recommendations made by the HFTF, a SHB 2060 Planning Group was invited to come together to produce guidelines for the King County SHB 2060 funds. The King County SHB 2060 Planning Group~ is made up of City representatives, County City representatives included staff from the cities off Burien, Tukwila, Kent, Federal Way, Redmond, Kirkland, Issaquah, Shoreline, Covington, Seatac, Auburn, Seattle, Bellevue and ARCH Housing organization representatives included staff from the following: Seattle-King County Housing Development Consortium, Impact Capital, South King County Multi-Service Center, Hopelink, Fremont Public Association, Seattle Habitat for Humanity, South King County Habitat for Humanity, Friends of Youth, The Salvation Army, Community Psychiatric Clinic, Lifelong Aids Alliance, St. Andrews Housing Group, Housing Resource Group, representatives and representatives fi.om a variety of private housing organizations in King County. The King County SHB 2060 Planning Group strongly favored a regional low-income housing fund source administered by King County. The planning group worked hard to achieve a regional fund, and the Regional Affordable Housing Program Guidelines are the result of that work. B. Duration of the Guidelines The Regional Affordable Housing Program ("RAHP") Guidelines shall take effect after adoption bythe King County Council, and shall remain in effect through December 31, 2006. In the spring of 2006 the King County 2060 planning group shall be reconvened to' evaluate the RAHP, and to make recommendations as to whether the RAHP guidelines should be amended or should remain in the current format. C. 4Decision-Making Structure and Regional Allocation Method 1. Approving Body EDVP, YWCAi Mental Health Housing Foundation, Rental Housing Association, Highline-West Mental Health, Valley Cities Courtseling, Seattle Emergency Housing Service, Common Ground, Vietnam Veterans Leadership Program RAHP Guidelines/Page 2 The interjurisdictional Joint Recommendations Committee (JRC), as defined in the RAHP Interlocal Cooperation Agreement, hereinafter "RAHP Agreement" shall be the body that reviews and adopts RAHP funding allocations and related allocation policies. The JRC will be expanded, pursuant to the RAHP Agreement, to include representation from the City of Seattle on RAHP matters. Allocations and related policies adopted by the JRC must be consistent with these RAHP Guidelines, the Consolidated Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. 2. Annual Fund Allocation Recommendations The existing HOME Working Group, as defined in the RAHP Agreement, shall be renamed the RAHP/HOME Working Group and shall be expanded to include a staff representative from the City of Seattle. City of Seattle staff will participate solely in making RAHP recommendations. The RAHP/HOME Working Group will work together to make RAHP fund allocation recommendations and related allocation policy recommendations to the JRC: King County HCD staffwill review all RAHP applications and make preliminary funding recommendations on them. RAHP Guidelines/Page 3 · Cities staffwill review applications for projects in their jurisdiction and make preliminary recommendations on those applications. · Cities staffwill receive information on all RAHP applications to review prior to the meeting of the RAHp/HoME Working Group at which final funding recommendations are formulated for transmittal to the JRC. · RAHP/HOME Working Group participants will meet together to make annual RAHP funding recommendations to the JRC, and at other times during the year, as necessary, to discuss RAHP issues and make recommendations to the JRC. 3. Subregional Allocation Targets The RAHP Fund will be a flexible fund that can address regional'and subregional housing needs. The fund will use subregional allocation targets as a means to achieve geographic equity in the distribution of SHB 2060 funds'by December 31, 2006, the date that these guidelines and the RAHP Agreements expire. · a. Subregional Areas: 1) City of Seattle Subregion '2) North/East Subregion - north ~nd east urban and rural areas, including 34% of unincorporated King County2 2 Percent of unincorporated King County attributed to the North/East and South Subregions is based on the 2000 census data for households in the unincorporafed portions of the King County Community Planning Areas, as listed in the 2002 Annual Growth Report. RAHP Guidelines/Page 4 3) South Subregion- south urban and rural areas, including 66% of unincorporated King County b. Formula for Subregional AllocatiOn Targets Each subregion will have a targeted percentage of the RAHP funds, including the interest on the RAHP funds, allocated to projects within the subregion over the 4-year period of the RAHP Guidelines and the RAHP Agreement. EaCh subregion will receive allocations to projects within the subregion that are equal to or greater than 95%, of the subregions' allocation target by December 31, 2006. The formula for allocating RAHP funds to the subregions is as follows: One half of the RAHP funds shall be targeted for allocation amongst the three subregions based on each subregion's relative'share of total existing need for affordable housing. Existing need shall be determined by the percentage of low- income households paying more than 30% of their income for housing in the subregion, according to the 2000 U.S. Census data3. One half of the RAHP funds shall be targeted for allocation amongst the three subregions based on the subregions' growth targets for future need, as established through the Growth Management Planning Council. Future need shall be RAHP Guidelines/Page 5 {'~- '7-,-~1D determined by the subregions' relative share of total future need for affordable housing in the County. A subregion's relative share of future need is the percentage of the subregion's affordable housing target for low-income households relative to the cumulative affordable housing target for low-income households of all jurisdictions in the County, including unincorporated King County4. When the U.S. Census data has been broken down in the form needed to determine the subregional target percentages, it Will be. applied to the formula specified above in order to calculate the actual targets. The actual target percentages will be presented to the JRC for their approval to insert them into the RAHP Guidelines. c. RAHP/HOME Working Group to Monitor Subregional Allocation Targets The RAHP/HOME Working Group will monitor the subregional distribution of RAHP funds every allocation cycle. Following the 2004 and 2005 RAHP allocation cycles the working group will determine if any subregion(s) has received allocations below 95% of the subregion's allocation target. 3 King County demographers are working to break down the 2000 U.S Census Data in the form that is needed to develop the subregional allocation target percentages. n The percentage of a subregion's target relative to the cumulative target is derived by averaging the target percentages of the jurisdictions within that subregion. For each jurisdiction, the target percentage is calculated in the following manner: the number of households that a jurisdiction must plan for, per the 2002-2022 Countywide Planning Policy (CPP) Growth Target, is multiplied by .24 or .20 (depending on the ratio of low wage jobs to low cost housing for the jurisdiction in Appendix 3 of the CPPs); that number is then divided by the cummulative RAHP Guidelines/Page 6 If any subregions have received allocations under 95% of their target allocation after the first two funding cycles, the working group will adjust the allocation targets of such subregion(s) in the third and/or fourth funding cycles, as needed. In addition, the Working Group will propose strategies and actions, for review by the JRC, that are designed to increase the percentage Of RAHP funds spent in those subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will work to implement actions that will aid in achieving geographic equity in RAHP allocations by December 31, 2006. D. Use of the RAHP Funds 1. RAHP Priorities Top Priority: Capital funds for the acquisition, rehabilitation and/or new construction of eligible housing projects or units within housing projects. 'New construction is not eligible if the low-income housing vacancy rate for all of King County exceeds 10%5. Second Priority: Building operations and maintenance funds for transitional housing projects or transitional units within housing projects that were built with Housing affordable housing target for low-income households of all King County jurisdictions, including uninco~orated King County. 5 The low-income housing vacancy rate for each county will be established by the State, pursuant to the SHB 2060 legislation. RAHP Guidelines/Page Trust Fund dollars, and that require a Supplement to the rental income in order to cover ongoing operating expenses. ·'Third Priori ,ty: Operating funds for emergency shelters and licensed overnight youth shelters. Las.t priori~.: Rental assistance vouchers to be administered by a local housing authority in conformity with the Section 8 program. 2, RAHP Eligibility EJigible ~Housing Types · Capital Funds: permanent rental or ownership housing projects or units within housing projects, transitional housing projects or transitional units within housing. projects, emergency shelters and licensed overnight youth shelters or shelter space within a housing project. , · Operating and Maintenance Funds: transitional housing projects, emergency shelters and licensed overnight youth shelters. Eligible Populations Served · All projects or units funded with RAHP funds must serve households at or below 50% of area median income · Families RAHP Guidelines/Page 8 · Homeless families and individuals, including youth · Special needs populations, including seniors · Disabled households or households with a disabled member Eligible Applicants · Nonprofit organizations · Housing Authorities · Local governments · For-profit entities are only eligible for capital funds in the top priority. This is due to the language of the SHB 2060 legislation, which restricts operations and maintenance funds to projects "built with Housing Trust Funds". For-profit entities are not eligible for WA State Housing Trust Funds. ..Eligible use of RAHP Funds - eligible uses of funds are subject to the RAHP priorities listed above. Capital funds: · Acquisition of land for a housing project or units in a project that will serve eligible population(s). · 'New construction of a housing project or units in a project that will serve eligible population(s). · Acquisition of a housing project or units in a project that will serve eligible population(s). RAHP Guidelines/Page 9 ~F~- ~2~/-~ Rehabilitation of a housing project or units in a project that will serve eligible population(s). Capitalization of a maintenance .replacement reserve in connection with a capital investment - applicants may be neW housing projects that will serve eligible populations, as well as existing6 housing projects that serve eligible populations. Rental assistance voucher program for housing projects or units within housing projects administered by a housing authority. Operations and Maintenance (O&M) Funds: · Ongoing building operations and maintenance expenses that cannot be covered by the rental income of the housing project; building O&M expenses must be directly related to running the bUilding(s) and cannot include services (see section E. 1. below for more information about the O&M fund program). · Rental assistance vouchers to be administered by a local housing authority in conformity with the Section 8 program. E. 4RAHP Administration The RAHP funds shall be administered as a regional fund by the King County Housing and Community Development (HCD) Program. 6 Existing projects are housing projects or units in projects that already served eligible population(s) and already existed as of the date of application for funds. RAHP Guidelines/Page 10 1. RAHP Capital Funds RAHP capital funds will be administered by the King County HCD's Housing Finance Program (HFP), in conjunction with other fund sources administered by HFP. The HFP will staff the RAHP/HOME Working Group and work with staff of the participating cities in King County to develop RAHP funding allocation recommendations and related policy recommendations for JRC review and. adoption. The HFP will distribute RAHP funds through contracts pursuant to the allocations adopted by the JRC, and will generate an annual RAHP report that provides information about the projects that received funding in the current year, as well as the status of projects awarded RAHP funds in prior year(s). By request of the 2060 Planning Group, the HFP staff will apply the terms of the King County Housing Opportunity Fund ("HOF") to RAHP contracts, with the exception of the following: · to the extent that there are differences between the HOF guidelines and RAHP ~ guidelines, the RAHP guidelines will apply; · a financial match by the local government where a housing project is to be located is not required, but is encouraged. RAHP Guidelines/Page 11 ~4'"' ~-- ~o RAHP fUnds will have no maximum subsidy per unit, but will be limited to 50% of the total development cost of a project. 2. RAHP Operations and Maintenance Fund The local RAHP O&M fund will be administered through the King County HCD Program's Homeless Housing Programs ("HHP") Section. The local portion of SHB 2060 funds to be used as O&M for transitional housing projects and emergency shelters will be 16% of the anticipated average amount of locai SHB 2060 dollars ($2~2 million)?. In order to hold the RAHP O&M fund steady so that multi-year commitments can be awarded to eligible projects, the O&M portion of the fund will be held at $352,000 per year (16% of the total $2.2 million average) for the duration °fthe RAHP Guidelines. As the total local portion of SHB 2060 funds collected fluctuates from year to year, the O&M portion will remain at $352,000 and the remainder of the local portion will be available for the other priorities. The priority for RAHP O&M funds will be existing projects that the Washington State O~M fund is unlikely to support. The priorities for the State O&M fund are 'new housing 7 The percentage of local SHB 2060 funds set aside for O&M was determined by the 2060 Planning Group, which worked together to balance O&M needs and other priority needs in the County. Given the fact that 40% of the locally collected funds are sent to the State of Washington solely for O&M use, and the fact that King County projects can apply for the State O&M funds, the 2060 Planning Group felt that local O&M needs and other priority needs are adequately balanced at this percentage. RAHP Guidelines/Page 12 H_ ~ ~ projects that are simultaneously applying for WA State Housing Trust Fund capital funds and shelters receiving Emergency Shelter Assistance Program ("ESAP") funds. Therefore, the local RAHP O&M fund will prioritize existing transitional housing projects and shelters that do not receive ESAP funds. Following the adoption of the RAHP Guidelines and the RAHP Agreement by the jurisdictions in King County that elect to participate in the RAHP, the HHP will convene a focus group of city staff and stakeholders to further develop the parameters of the RAHP O&M fund and the RAHP O&M Request for Proposals. The RAHP O&M funds will be awarded in multi-year commitments and will have minimum and maximum grant amounts, however, the minimum and maximum amounts and other O&M,fund details will be determined by the O&M focus group and will be reviewed by the JRC. The HHP will invite city staff and other stakeholders to participate on the panel to review applications for the RAHP O&M funds. The review panel will recommend O&M fund awards to the JRC for final adoption. RAHP Guidelines/Page 13 Statement of Non-Participation in the Regional Affordable Housing Program The city of declines to participate in the Regional Affordable Housing Program ("RAHP") and will not sign the current RAHP Interlocal Agreement, which will be in effect through December 2006. We will contact the King County Housing and Community Development Program if we decide to participate in the program in the future. Reason for decision to decline participation (optional): Signed: Title Date Please return to: Ctreryl Markham RAHP Planner King County HCD 821 2nd Ave., Suite 500 Seattle, WA 98104 FAX: 206-29620229 e-mail: cheryl.markham~metrokc.gov MEETING DATE: November 18, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003-04 MID-BIENNIUM BUDGET ADJUSTMENT CATEGORY: [] CONSENT [] ORDINhNCE [] RESOLUTION [] PUBLIC HEAR! NC [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: Pursuant to RCW 35A.34, the City Council is conducting the required public hearing to receive citizen comment on the 2003-04 mid-biennium budget adjustment. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: No action is required at tin. time. Thc first reading of the budget ordinance w~tl be held later this same evening during introduction ordinances. (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: November 18, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Resolution Approving and Confirming the Assessment Roll for Lake Management District No. 1 for Steel Lake CATEGORY: BUDGET IMPACT: [] CONSENT [~1 ORDINANCE Amount Budgeted: $ [] RESOLUTION ~ PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS OTHER Contingency Req'd: $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated October 2l, 2003 and Resolution Approving and Confirming the Assessment Roll for Lake Management District No. l for Steel Lake SUMMARY/BACKGROUND: In response to a simple majority vote of the property owners in the area, City Council approved an ordinance creating Lake Management District Number 1 for Steel Lake on October 21, 2003. A Public Hearing is scheduled for November 18, 2003. At this hearing, staff will present any and all written objections received f?om property owners submitted prior to this meeting. The attached resolution approves and confirms the special assessment roll for Lake Management District No. 1. If there are no changes to the roll after the public meeting, the Council may adopt and approve the resolution and thereby implement the yearly charges. If the City Council modifies any special assessments or includes additional properties into the District, a new public hearing will be necessary.. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 3, 2003 meeting, the Land Use and Transportation Connnittee forwarded to the full City Council a resolution approving and con finning the special assessment roll for Lake Management District No. 1 for Steel Lake. PROPOSED MOTION: "I move to approve and confirm the special assessment roll tbr I,ake Management District No. 1 for Steel Lake." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF Federal Way DATE: TO: FROM: VIA: SUBJECT: October 21, 2003 Eric Faison, Chair Land Use and Transportation Committee Leslie Ryan-Connelly, ESA/NPDES Coordinator~4~ David H. M~nager x/- Resolution Approving and Confirming the Assessment Roll for Steel Lake Management District Number BACKGROUND: In April 2003, residents representing 25 parcels adjacent to Steel Lake submitted a petition to the City Council requesting the city create a lake management district for Steel Lake. The residents' petition included a scope of activ/ties, budget and rate structure for the proposed district. On May 6, 2003, the City Council passed Resolution Number 03-384 declaring its intent to form Lake Management District Number One for Steel Lake. On June 17, 2003, the city council conducted a public heating for the purpose of accepting testimony in support of and in opposition to the creation of Lake Management District Number One. On July 1, 2003, the City Council passed Resolution Number 03-386 submitting the question of creating Lake Management District Number One to the property owners within the proposed district. There were 5,963 votes in favor of creating the lake management district and 170 votes against. In response to a simple majority of voters approving creation of a lake management district, an ordinance creating Lake Management District Number one for Steel Lake was approved by the City Council on October 21, 2003. The City Council also scheduled a public heating on the assessment roll for the district at its November 18, 2003 meeting. The public hearing is an opportunity for affected property owners to present objections to the proposed assessment roll. This is an opportunity to confirm that the assessment rates previously approved by the City Council are accurately applied to each parcel in the district. Objections must be made in writing and submitted to the City Council before the public hearing. RCW 36.61.120 and 130 calls for the City Council to adopt a resolution confirming the assessment roll for the district. The attached resolution completes this action and includes the assessment roll as an attachment to the resolution. After the November 18, 2003 public heating, the City Council can decide whether to accept the assessment roll as presented, modify and approve it as a result of hearing objections, or reject the assessment roll entirely. If the City Council increases any special assessment or includes additional properties into the district, a new public hearing must be held. k:\lutcX2003\1103 res steel lake assesment roll.doc 11-03-03 Land Use & Transportation Committee Resolution Approving and Confirming the Assessment Roll for Steel Lake Management District No. 1 RECOMMENDATION: Staffrecommends placing the following item on the November 18, 2003, City Council agenda for consideration following the public hearing on the Steel Lake Management District assessment roll: · A resolution approving and confirming the special assessment roll for Lake Management District No. 1 for Steel Lake. F'~c ~ai~n, Chair ~l~an McColgafi, Membei" '" Michael Pa 'rr~lot~ber - ~ cc: Project File Day File KSLUTC~2003\1103 RES Steel Lake Assesment Roll.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND CONFIRMING THE SPECIAL ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NO.1 FOR STEEL LAKE. WHEREAS, on October 21, 2003, the City of Federal Way adopted Ordinance No. 03-452 creating a lake management district known as Steel Lake Management District No. 1 ("District"); and WHEREAS, notice and hearing requirements for establishing the roll of rates and charges for the District pursuant to RCW 36.61.120 and RCW 36.61.140 have been satisfied; and WHEREAS, the City of Federal Way conducted a public hearing on November 18, 2003 for the purpose of hearing objections to the assessment roll proposed for Steel Lake Management District No. 1; and WHERAS, after consideration of the assessment roll, the City Council has determined to order the roll confirmed as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Assessment Roll Confirmed and Approved. The City Council of the City of Federal Way hereby confirms and approves the special assessment roll attached hereto as Exhibit "A" and by this reference fully incorporated herein. A copy of the assessment roll shall be filed with the City Clerk. Res. # Page 1 Section 2. Method of Payment. Rates and charges for the Steel Lake Management District No. 1 shall be included in King County's local improvement district tax statements. The total amount of the Steel Lake Management District No. 1 rate and charge shall be due and payable on or before the 31 st day of May and shall be delinquent after that date. Payments received after the due date will be subject to a simple interest charge of 12 percent per annum (or 1 percent per month). Section 3. Notice. (a) In accordance with the procedures set forth in RCW 36.61.190, the City shall cause to be published in a newspaper of general circulation in the lake management district a notice indicating that the special assessment roll has been confirmed and that the special assessments are to be collected. (b) Within ten (10) days of such publication, the City shall mail notice to each owner or reputed owner of property whose name appears on the special assessment roll of the annual special assessment due. Section 4. Severabilit¥. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. # Page 2 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ., 2003. CITY OF FEDERAL WAY ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: PATRICIA A. RICHARDSON, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res. # Page 3 EXHIBIT A Steel Lake Management District No. 1 Assessment Roll Res. # Page 4 Steel Lake Management District No. 1 Assessment Roll ProperS, Owner Address Vernette Johnson !20f~ S 30~th St Parcel Number 053700 0020 Annual assessment Approximate Approximatelake (in dollars) acreage ~ontage(in ~et) 85 0.31 127.6 Arline Cook 2017 S 304th St 053700 0030 85 0.11 Mario Galliano and Ron Luciano 2021 S 304th St 053700 0035 85 0.11 Gary and Brenda Holt ,2027 S 304th St 05_3700 0040 . 85 ~ ~ 0.18 Tracy Farmer .2033 S 3~04th St 1053700 0049 Michael Gnoin_sky 2039 S 304th St 053700 0055 Jack and Jayne Lewis 42047 S 304th St ~ 053700 0065 Paul and Barbara Lobdell 2103 S 304th St !053700 0075 Mary Aldrich -2107 S 304th St 053700 0080 Lloyd and Barbara Anderson 2111 S 304th St 053700 0085 David and Doris Wilson -2115 S 304th St 053700 0090 Barbara Summers no site address 053700 0095 Jerome and Kathleen Koch 2207 S 304th St 053700 0100 Iohn and Susan Pearson 2215 S 304th St 053700 0110 Mark and Toni Kuciemba -2219 S 304th St 053700 01'15 Marvin Osterhout 2225 S 304th St 053700 0120 William Jackson 2231 S 304th St 053700 0130 Deborah Spurgeon '2301S 304th St 053700 0135 Deborah Spurgeon ~2301 S 304t~t -- :053700 0'i-4-1 Mary Legas .2309 S 304th St ¢053700 0145 Charles and Barbara Purdom 2313 S 304th St 053700 0150 85 0.22 85 0.32 85 0.35 85 0.18 85 0.21 85 0.23 30 0.22 85 0.29 85 0.26 85 - 0.29 85 0.49 85 0.27 85 0.24 30 0.10 85 0.29 85 0.25 Fairrel and Phyllis Tackett .2317 S 304th St ¢053700 0155 85 0.29 Glenn and Lorraine Spalding 2321 S 304th St 053700 0160 85 0.26 Arthur and Dalene Bender 2325 S 304th St 053700 0165 85 0.27 Lee and Linda Currey 2329 S 304th St 053700 0170 85 0.25 Jack and MaryAnn Porter '2256 S308th St 053700 0175 85 0.20 67.8 48.9 60.8 68.8 83.2 80.0 46.9 42.2 49.3 47.1 66.5 62.8 39.1 44.8 78.3 44.7 41.2 17.2 45.1 37.9 43.7 41.3 41.3 37.2 38.6 11/6/2003 Page 1 Steel Lake Management District No. 1 Assessment Roll Annual assessment Approximate Property Owner Address Parcel Number ( in dollars) acreage Roderick Beltran and Dany Sun ~2250 S 3pSth St 053~700 0180 85 0.21 Terry Shipp and Connie Raber 2246 S 308th St 053700 0185 85 0.21 R°b~ert ArrnStr0ng-- )2240 S~°8~h~st~ --°55~70°-o~190 85 i 0.20 ; Eleanor Bennitt i2238 S 308th St ~ 053700 0195 85 0.20 41.5 Do'aid and Mary Ellenhamb-iin-_ ' i5230~508th St--- 1053700 0200 : 85 ~- -0.18 - ' 42.7 James and RamonaCassady 2226S 30~thSt -_ _ i053700020~ -~8~' 0.2-i : 48.7 Banh Trinh ,2222 S 308th St 053700 0210 85 0.20 ' 40.0 EdWinand-Marcia~eaver - - ~218 S 308thSt~ J053700 0225- -~ 85 ' -0.41 - 85.6 R°bert~nd Ma~in~ Sowders- --~ !2214 S 308th st ~053700 0230 ' ~ ~ 6.41 - 81.1 Joan Yazzolino 2210 s 308th St 053700 0240 85 0.21 41.0 Patrick McDonnell 2206 S 308th St 053700 0245 85 0.23 49.1 Iohn and Deborah LOng _2204 S 308th'St~ ' 1053-7000250 i 85 0.18 , 38.9 Leanna Gray McLeod 42~200_S 308th St ~ ,053700 0255 _ ~ 85 __ 0.19 48.0 Robert Ratcliff 2058 S 308th St 053700 0260 85 0.32 76.8 Janet Sheppard ~2054 S 308th St i' 053700 0270 85 0.20 45.9 Iohn and Debbie O'Neal ~2050 S 308th St 1053700 0275 85 0.20 41.6 Phy_llis?lase~y ..... 20~4. 6~S 308th st .... ~ 053700 028~0 ~ ~__ -- ~! 0.19 .~ 40.6 Margaret Fohn ,2042 S 308th St 053700 0285 85 0.21 42.1 Charles and L0rrai~e schuka~ ~2034 ~50~thSt- -- ~053700~65~0~ ' -50 '- -0.11 ~ 27.6 Margaret Fohn 2042 S 308th St 053700 0291 30 0.12 23.3 Charles and Lorraine Schukar 2034 S 308th St '053700 0295 85 0.21 46.9 Charles and Lorraine SchUka~ 52034 S 3-08th-~t 053700 0566 ~ - 36 - 0122 ' 42.1 Gary and Lola Doxon ~2026 S 308th St 1053700 0305 : 85 0.27 47.1 zalmai zahir - ~2055 S' 308th~- ? ....... _ i_0537~00_031.0~ , 85 , 0.27 _ 43.4 Gregoria Hooks :2018 s 308th St 053700 0315 85 0.27 41.0 Janice Pant~;a~d~ar~dy Parr~tt' ~2014-S 308thSt'- - ~ 653700 6520 -- - 85 ~- 0.27 ' 40.3 Approximate lake frontage {in feet) 39.6 45.1 40.5 11/6/2003 Page 2 Steel Lake Management District No. 1 Assessment Roll Property Owner Martin and Darcy Neubauer Jeffrey and Debbie Stokes Eric wiiburn William Linehan Annual assessment Approximate Address _ _:Par?el Nu~m~er ~ ( in dollars) acreage 2010 S 308th St 053700 0325 85 0.28 2006S 308th St 0537000335 85 0.31 '2000 S 308thSt '10537000340 ' 85 - 0.33 '2417 S 304th St 092104 9002 85 0.34 in Sil Kim '1859 S 304tl~St ~092!04 901~2 . 85 ~ 2.22 City °fFeder~i Way _ -n0~ite~dd;ess !72~104 902~6 . 2048 . 23.54 Sang Rosenberg 2661 S~304th St ,092104 9~0~58 . 85 0.28_ Theodore Reyhner _ _ 2435 S 304th St ~092104 9059 85 0.72 David Gaither no site address i092104 9060 ~ 30 ~ 013 ~ Pedero and Chin Domingo :2629 S 304th St __092104 90_61 85 : 0.23 Leo and Lisa Heider 2451 S 304th St 092104 9062 85 0.41 Mrythalyne Thomps~n -i 30421 28th A. ves ,092104 9063 85 0.15 jack and Maureen M~ier ~263~ 50~th st -0921°4 9064 ~ - 83 ~ 0.20 Peter Caisse 2423 S 304th St ,092104 9066 85 0.30 Brian and Patricia Owen ~2425 s 304th'St -- '092104 9069 - 85 ' 0.30 John and NancyHixson -30415-s 2~th Xv~ 1092104 907~ ~ 85 ' 0.24 092 907i - 85 - 0.39 Mark Barrett and K~ily Rae Steven ~52~ ~50~th~S; _ - . 104 _~ · sue Marsh 30527 28th Ave S '092104 9072 85 0.19 Rick Heigh -2623 S 304th St ~ ~092104 9073 85 ' 0.28 Nicholas Harwood no site address 092104 9074 30 0.34 Marianne Hammes and Heidi Batten '2619 S 304th St '092104 9076 ~ 85 ' 0.30 Marc and Sandy Thompson ~2609 S 304th St ~092~04 9077 ~ 85 0.34 Glenn and Sandra Madden 2605 S 304th St ,092104 9078 85 0.37 GeraldandL~saTisdei -- '2613 S 304thSt' -- '+092104 9079 ' 85 - ~ 0.32 ~onte Decker - 3051128th Ave S '092104 9080 85 0.14 Edward and Eiaine i-taes~ke~ :2637 S 304th St Approximate lake frontage (in feet) 71.9 62.8 51.8 55.0 330.1 873.9 53.0 109.5 50.8 60.3 55.2 75.7 55.0 49.0 49.6 45.9 52.6 115.8 60.5 57.6 52.8 63.7 55.4 54.3 7918 092104 9081 : 85 0.25 117.5 11/6/2003 Page 3 Steel Lake Management District No. 1 Assessment Roll Annual assessment Approximate acreage Approximate lake Property Owner Address Parcel Number ( in dollars) frontage (in feet) Douglas a_nd Mary M~Laren ~2649 S 304th St _~09_2104 9~082_ _ 85 _ . 0.32 118.4 Suzanne Wong no site address '092104 9092 30 0.04 36.0 Gary Downing ancl Jeffrey Munch -1902~S 308th St. 092104 9104 - ' 85 -~ 0.43 ~ 37.0 Richard and Corinne Baklund 2433 S 304th St 092104 9108 85 0.33 54.6 Village at-the Lak~ L_LC_ - -30602 Pa~cific Highway S ~0921p4 9~124 275~_ 'i- 5.48 ' 393.1 Mark and Meschell Miloscia 130720 19t~h AverS _ .0921~04 9144 _ ~ 85 . 0.36 45.3 Frank and Mary Lou Bartenetti :30637 28th AverS ;092~104 9181 _ 85 0.63 107.1 Brett and Claudia Hall 30445 28th Ave S '092104 9184 85 0.07 42.2 Donald and junae Nack 130803 28th Ave S ,092104 9188 85 0.86 52.8 Frank Spa~e - - ~30623 28th Xve~ *092104 9i95 ' 85 ~ 0.40 75.3 Terhi Johnson ,30605 28th Ave S _ i092104 9202 . ~_ 85 ~ 0.29 John Dob~on ~30643 28th Ave S Peggy Fuller :30419 28th Ave S 109.0 ~092~104 9~229 _ 85_ . 0.71. 110.4 092104 9237 85 0.19 092104 9244 85 0.27 i092104 9246 30 0.05 092104 9263 85 0.34 1652104 9264 - 85 012~ 61.2 49.1 21.4 71.4 76.3 78.9 14.0 10.6 17.1 99.1 63.5 Michael Shaw~o and susa~ Ri~ht~ '30609 28t~ ,~ve~S Frank Spane - !306~3 28th Ave S Ralph Lewis : 30617 28th Ave S A Judcl hnd Jeanne Have;field '30619 28th Av~--' Norman and Mildred Kachman 30535 28th Ave S 092104 9275 85 0.20 Tim°thy and Diane Jenkins 130712 19-th Ave S '092104 9281 85 ' 0.40 Gary and Patricia Bernard .30714 19th Ave S_ _0092104 9~282 ~ 85 . 0.44 Thomas and Elaine Dezutter 30716 19th Ave S 092104 9283 85 0.42 Elizabeth Lazdin~ -2515-S 304th St -092104 9301 - 85 ~ 0.31 State of Washington _ ~no site address 17984~40 021~0 . _ 3500 . 0.15 11/6/2003 Page 4 MEETING DATE: November 18, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: SELECTION PROCESS - 2003 AMENDMENTS TO THE COMPREHENSIVE PLAN CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ Report to the Land Use/Transportation Committee (LUTC) with Exhibits A-G; 3) Exhibit 2 - October 20, 2003, LUTC Minutes; 4) Exhibit 3 - September 30, 2003, Letter fi.om Mrs. Rowe on Site Specific Request #1; and 5) Exhibit 4 - November 7, 2003, Correspondence from Mr. Holt on Site Specific Request #4. SUMMARY/BACKGROUND: The Growth Management Act requires jurisdictions to provide the public with'the opportunity to apply for amendments to their codes and comprehensive plans once a year. In September 2002, the City received four citizen requests for site-specific changes to comprehensive plan designations and zoning, and one request to delete a future road fi.om the Federal Way Comprehensive Plan (FWCP). Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those amendment requests it wishes to consider for further consideration and possible adoption. 'i2-i'~-~--c--O- - -Ul~-~i~-C 0 M- -1~i-~i.-~ ~; RE Ci3~,¢i-~ ~ ~'i-~ ~'i-'"';iZh- ~-i~ ~..~i~-s~-e~- ~-~--~-~.-0-~-~-~--.~.~~ ~..-~i~~ ...... amendments during a public meeting on October 20, 2003. At that meeting, the LUTC recommended not forwarding Site Specific Requests #2, #3, and #4 for further consideration and to forward Request #1 only if the two adjacent parcels to the east also requested a similar change. The LUTC recommended that Request #5 go forward for further consideration based on the requirement for a Transportation Impact Analysis that supports the elimination of the northerly extension of Weyerhaeuser Way South. This analysis shall be submitted by December 31, 2003. PROPOSED MOTION: "I move approval of the LUTC's recommendation to not forward Site Specific Requests #2, #3, and #4 for further consideration and to forward Request #1 only if the two adjacent parcels to the east also request a similar change, and to forward Request #5 for further consideration based on the requirement for a Transportation Impact Analysis that supports the elimination of the northerly extension of Weyerhaeuser Way South to be submitted by December 31, 2003." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCILACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST READING ENACTMENT READING ORDINANCE # RESOLUTION # I:L2003 Comprehensive Plan~Selection Process\l 11803 AGENDA BILL.doc/l 1/07/2003 3:38 PM CITY OF FEDERAL WAY MEMORANDUM November 7, 2003 To: VIA: FROM: SUBJECT: MEETING DATE: Mayor and City Council Members David Moseley, City Manager Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~)~. Janet Shull, AICP, Planning Consultant Selection Process - 2003 Amendments to the Comprehensive Plan November 18.2003 I' BACKGROUND A formal process for updating the comprehensive plan and development regulations was adopted in March 1999. This process sets up a yearly deadline of September 30 to submit applications for amendments. In September 2002, the City received four site-specific requests for changes to comprehensive plan designations and zoning, and one request to derete a future road from the Federal Way COmprehensive Plan (FWCP) (see Exhibit A of l-Composite Map). The seven-year update to the comprehensive plan was completed in March 2003. The intent of the seven-year update was to ensure that the comprehensive plan complies with the key requirements made to the Growth Management Act (GMA) between 1995 and 2001. The only changes to the text of the comprehensive plan proposed for 2003 will be the update of Chapter 5 - Housing. Changes to the chapters and maps of the comprehensive plan are intended to either update existing information or to comply with changes in the GMA and are not reviewed relative to the eight selection criteria. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those amendment requests it wishes staff to review further. It is the City's practice that ali City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), prior to Council deliberation. In order to facilitate this process, staff prepared a staff report to the LUTC (Exhibit 1 - October 14, 2003, Staff Report to the LUTC) analyzing the amendment requests relative to eight selection criteria. The October 14, 2003, staff report to the LUTC was presented to the LUTC on October 20, 2003. The LUTC's recommendations, which are being forwarded to the full council for action, are contained in Section II of this memorandum. Following the LUTC meeting, notice was published in the Federal Way Mirror and posted on all public notice boards utilized by the City. In addition, all property owners within 300 feet of the sites were notified by mail, and the sites were posted. II LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION This section includes a summary of each site-specific request (their locations are shown on Exhibits A-F ofl), followed by the staff and LUTC recommendation on whether it should go forward for further analysis. In addition, any telephone or written comments received prior to completion of the staff report have been included. Public testimony heard at the October 20, 2003 LUTC meeting is also summarized (please refer to the LUTC October 20, 2003, Meeting Minutes for full content of public comment [Exhibit 2]). Please refer to the staff report (Exhibit 1) for staff analysis of each request relative to the eight selection criteria. SITE SPECIFIC REQUEST #1 -- TRIMBLE File Number: Parcel No.: Location: Size: Applicant: Owner: Request: 02-104245-00-UP 102103-9017 One parcel located south of SW 316th Place, just east of Dash Point State Park (Exhibit B of l) 3.27 acres Terry L. and Patricia I. Trimble Same as Applicant Request to change the comprehensive plan designation and zoning from Single Family Low Density and Suburban Estates (SE - Single Family, one unit per five acres) to Single Family Medium Density and RS 35.0 (Single Family, one unit per 35,000 square feet) Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Single Family Low Density SE (one unit per five acres) Single Family Medium Density RS 35.0 Staff Recommendation: LUTC Discussion: Staff recommends that the full Council not forward the proposed amendment request for further study unless the owners of the two adjacent parcels to the east also request a similar comprehensive plan amendment. The LUTC asked whether the two neighboring property owners were intending to join in the applicant's request. Staff responded that as of the date of the LUTC meeting Mrs. Rowe, one of the property owners, had submitted a letter stating that she did not want to be included in the request and no communication has been received from Ms. Harris, the other property owner (Exhibit 3). Federal Way City Council November 18, 2003 Selection Process - 2003 Comprehensive Plan Update Page2 LUTC Recommendation: Public Comments Received: Concur with staff. A letter was received from Mrs. Rowe, one of the adjacent property owners to the east, stating she did not wish to join in the request for a change in land use designation (Exhibit 3). The applicant, Mr. Trimble, contacted staff prior to the October 20, 2003, meeting via telephone to indicate his intention to contact the two neighbors to encourage them to join in the request for a change in land use designation. No further communication has been received from the applicant. The applicant did not attend the LUTC meeting. SITE SPECIFIC REQUEST #2 - VELASCO File Number: Parcel No.: Location: Size: Applicant: Owner: Request: 02-104176-00-UP 921152-0590 Northwest comer of Hoyt Road SW and SW 340th Street (Exhibit C of 1) 0.75 acre Robert Velasco, Jr. Same as applicant Request to change the comprehensive plan designation and zoning from Single Family High Density Residential and RS 9.6 (one unit per 9,600 square feet) to Neighborhood Business (BN) Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Single Family High Density Residential RS 9.6 (one unit per 9,600 square feet) Neighborhood Business (BN) Neighborhood Business (BN) Staff Recommendation: LUTC Discussion: LUTC Recommendation: Public Comments Received: Staff recommends that the full Council not select the proposed amendment request for further study. The LUTC wanted to know what use the applicant was proposing. Staff responded that the applicant wanted to build a medical clinic. Concur with staff. None. The applicant did not attend the LUTC meeting. Federal Way City Council November 18, 2003 Selection Process - 2003 Comprehensive Plan Update Page3 SITE SPECIFIC REQUEST #3 - LEE File Number: Parcel No.: Location: Size: Applicant: Owner: Request: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 02-104159-00-UP 302104-9051 36027 6th Avenue SW.; between 6th Avenue SW and 8th Avenue SW, southeast of the easterly terminus of SW 360th Street (Exhibit Dofl) 3.12 acres Daniel Lee Same as Applicant Request to change the comprehensive plan designation and zoning from Single Family Medium Density and RS 15.0 (Single Family, one unit per 15,000 square feet) to Single Family High Density and RS 9.6 (Single Family, one unit per 9.600 square feet) Single Family Medium Density RS 15.0 Single Family High Density RS 9.6 Staff Recommendation: LUTC Discussion: LUTC Recommendation: Public Comments Received: Staff recommends that the full Council not select the proposed amendment request for further study The characteristics of single-family deVelopment in the area were discussed. At some point in the future, if a larger, contiguous area was proposed (for example the applicant's property with additional adjacent parcels joining the request), and if infrastructure was available, then the request may be suitable for further consideration. Concur with staff. None. However, the applicant, Mr. Lee, contacted staff by telephone after the LUTC meeting to find out the LUTC's recommendation. SITE SPECIFIC REQUEST #4 -- KIRK/NELSON File Number: Parcel No.'s: Location: Size: Applicant: Owner: Request: 02-104188-00 UP 332204-9023 and 332204-9122 North of South 288th Street and west of Military Road (Exhibit E of 1) 1.34 acres Van and Amanda Kirk and John and Jeanette Nelson Same as Applicant Request to change the comprehensive plan designation and zoning from Single Family High Density and RS 7.2 (Single Family, one unit per 7,200 square feet) to Multiple Family and RM 3600 (Multiple Family, Federal Way City Council November 18, 2003 Selection Process - 2003 Comprehensive Plan Update Page4 Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: one unit per 3,600 square feet) Single Family High Density RS 7.2 Multiple Family RM 3600 Staff Recommendation: LUTC Discussion: LUTC Recommendation: Public Comments Received: Staff recommends that the full Council not select the proposed amendment request for further study. The LUTC discussed this request relative to the vision of the comprehensive plan for location of future multiple family development and to its site- specific characteristics, such as traffic and inadequate sight distance. Concur with staff. The applicant's representative, Mr. Holt, provided testimony at the October 20, 2003, LUTC meeting. He stated that the site is difficult to develop as single family because access is from South 288th, a highly trafficked road. Individual driveways would not be permitted. Instead, a frontage road would be required which would make development of single- family homes prohibitively expensive. The applicant feels multiple family is appropriate for the site given proximity to commercial zoning and nearby multiple family development. As of the time of writing of this staff report, staff has received one telephone call from Mr. Lund, a resident of the Armel Addition, located to the north of this site. Mr. Lund stated that he had no concerns if condominiums were constructed; however, there were already enough apartments in that area, and therefore, he did not want any more apartments constructed. Mr. Holt also submitted a letter to the Mayor and Council Members asking them to direCt staff to further study the request (Exhibit 4). SITE SPECIFIC REQUEST #5 - QUADRANT File Number: Parcel No.'s: Location: Size: Applicant: Owner: 02-104263-00 UP 551560-0005, 551560-0010, 551560-0015, 551560-0020, 551560-0026, 551560-0025, 551560-0030, 551560-0037,551560-0035, 551560-0091, and 551560-0090 North of South 320th Street and east of I-5 (Exhibit F ofl) Approximately 20 acres Benjamin Conwell The Quadrant Corporation Federal Way City Council Selection Process - 2003 Comprehensive Plan Update November 18, 2003 Page5 Request: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Request to amend Map III-27B (2003-2020 Regional Capital Improvement Plan (CIP) (Exhibit G ofl) by deleting the planned extension to Weyerhaeuser Way South,, north of South 320th Street Office Park - OP Office Park - OP N/A N/A Staff Recommendation: LUTC Discussion: LUTC Recommendation: Public Comments Received: Staff recommends that the proposed amendment be forwarded for further consideration based on a requirement for the Quadrant Corporation to conduct a Transportation Impact Analysis that would show that by itself, construction of 32nd Avenue South (which borders the site on the west), from South 320th northwards would eliminate the need for construction of the Weyerhaeuser Way South extension with no added system delays. In order not to delay the 2003 Comprehensive Plan Amendment process, this analysis shall be submitted no later than December 31, 2003. The LUTC had questions of the Quadrant representative, Mr. Costello, on what uses were being proposed for this site. The LUTC concurred with staff. The applicant's representative, Mr. Costello, provided testimony at the October 20, 2003, LUTC meeting. He stated that the proposed extension of Weyerhaeuser Way would bisect the property and make development of the site difficult. The applicant is agreeable to conducting the Transportation Impact Analysis to provide additional information regarding the impact of eliminating the proposed extension of Weyerhaeuser Way South. III COUNCIL ACTION Pursuant to FWCC, Section 22-523(d), based on its review of requests according to the criteria in Section V of Exhibit l~October 14, 2003, Staff Report, and the staff and LUTC recommendations, the City Council may choose from the following options: Federal Way City Council November 18, 2003 Selection Process - 2003 Comprehensive Plan Update Page6 1. Trimble Request a) __ That the request not go forward for further consideration unless the owners of the two adjacent parcels to the east also request a similar comprehensive plan amendment. b) .__ That the request go forward for further consideration. 2. Velasco Request a) That the request not go forward for further consideration. b) __ That the request go forward for further consideration. 3. Lee Request a) __ That the request not go forward for further consideration. b) __ That the request go forward for further consideration. 4. Kirk/Nelson Request a) __ That the request not go forward for further consideration. b) __ That the request go forward for further consideration. 5. Quadrant Request a) __ That the request not go forward for further consideration. b) __ That the request go forward for further consideration based on the requirement for a Transportation Impact Analysis that supports the elimination of the northerly extension of Weyerhaeuser Way South. This analysis shall be submitted by December 31, 2003. 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. IV NEXT STEPS IN THE PROCESS The next steps in the comprehensive plan update process will be preapplications for those projects selected for further analysis by the Council. Following the preapplication stage, an environmental determination will be issued pursuant to the State Environmental Policy Act (SEPA). This will be followed by public hearings in front of the Planning Commission. Following the completion of the public hearings by the Planning Commission, their recommendation will be forwarded to the LUTC, then to City Council for final action. Federal Way City Council November i 8, 2003 Selection Process - 2003 Comprehensive Plan Update Page7 VI LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 October 14, 2003, Staff Report to the LUTC with Exhibits A-G October 20, 2003, LUTC Minutes September 30, 2003, Letter from Mrs. Rowe on Site Specific Request # 1 November 7, 2003 Correspondence from Mr. Holt on Site Specific Request #4 I:~.003 Comprehensive PlanXSe[ection Process\l 11803 LUTC Reccomendation to Council.doc/11/07/2003 3:30 PM Federal Way City Council November 18, 2003 Selection Process - 2003 Comprehensive Plan Update Page8 CITY OF ..... Federal Way EXHIBIT_-J. PAGE_J_OF "/. October 14, 2003 To: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Transportation Committee (LUTC) Dav id IVt~e,~.~~anager Kathy McClung, Director of Community Development Servi Margaret H. Clark, AICP, Senior Planner~ Janet Shull, AICP, Planning Consultant Selection Process - 2003 Amendments to the Comprehensive Plan October 20, 2003 BACKGROUND A formal process for updating the co~nprehensive plan and development regulations was adopted in March 1999. This process sets up a yearly deadline of September 30 to submit applications for amendments. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those amendment requests it wishes to consider for adoption. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. II. 2003 COMPREHENSIVE PLAN AMENDMENTS In September 2002, the City received four site-specific requests for changes to comprehensive plan designations and zoning, and one request to delete a future road from the Federal Way Comprehensive Plan (FWCP) (see Exhibit A - Composite Map). Changes to the text of the comprehensive plan are not proposed for 2003 because the seven-year update was completed in March 2003. The intent of the seven-year update was to ensure that the comprehensive plan complies with the key requirements made to the Growth Management Act (GMA) between 1995 and 2001. A. Site-Specific Requests The following are descriptions of the four site-specific requests for amendments to comprehensive plan designations and zoning: EXHIBIT PAGE Request from Terry and Patricia Trimble to change the comprehensive plan designation and zoning of 3.27 acres located south of SW 316th Place, just east of Dash Point State Park, from Single Family Low Density and SE - Suburban Estates (Single Family, one unit per five acres) to Single Family Medium Density and RS 35.0 (Single Family, one unit per 35,000 square feet) (Exhibit B). Request from Robert Velasco, Jr. to change the comprehensive plan designation and zoning of 0.75 acres located at the northwestern corner of Hoyt Road SW and SW 340th Street from Single Family High Density Residential and RS 9.6 (Single Family, one unit per 9,600 square feet) to Neighborhood Business and BN (Exhibit C). Request from Daniel Lee to change the comprehensive plan designation and zoning of 3.12 acres located between 6th Avenue SW and 8th Avenue SW, southeast of the easterly terminus of SW 360th Street, from Single Family Medium Density and RS 15.0 (Single Family, one unit per 15,000 square feet) to Single Family High Density and RS 9.6 (Single Family, one unit per 9,600 square feet) (Exhibit D). Request from Van and Amanda Kirk and John and Jeanette Nelson to change the comprehensive plan designation and zoning of 0.9 acres and 0.44 acres, respectively, located north of South 288th Street and west of Military Road, from Single Family High Density Residential and RS 7.2 (Single Family, one unit per 7,200 square feet) to Multiple Family and RM 3600 (Multiple Family, one unit per 3,600 square feet) (Exhibit E). B. Request for a Change to Comprehensive Plan Map The following request to delete a future road from the co/nprehensive was also received: Request from Benjamin Conwell on behalf of the Quadrant Corporation to amend Map III- 27B (2003-2020 Regional Capital Improvement Plan [CIP]) (Exhibit F) by deleting the planned extension to Weyerhaeuser Way South, north of South 320th Street (Exhibit G), and to delete this project from Table III-19 (Regional CIP Project List). III. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 22, Article IX, "Process VI Review," the City Council is required to review all requests concurrently at a public hearing, at which time it selects those amendment requests it ~vishes staffto study further based on specific criteria outlined in Section V of this staff report. IV. PROCEDURAL SUMMARY FOR 2003 COMPREHENSIVE PLAN AMENDMENT PROCESS September 30, 2002 October 20, 2003 November 18, 2003 Deadline for Applications LUTC Meeting - The requests will be presented to the LUTC for determination of whether they should be considered further Public Hearing by City Council Selection Process - 2003 Amendments to the Comprehensive Plan Page 2 Ve EXHIBIT PAG SELECTION CRITERIA The following criteria shall be used in selecting the comprehensive plan amendments to be addressed during the upcoming cycle. Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity 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 (GMA). 4. In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: 5. Whether the proposed amendment can be incorporated into planned or active projects. 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 workloads, staffing levels, etc. 7. Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. 8. Order of requests received. Based on its review of requests according to the above criteria, the Council shall determine which site-specific requests shall be further considered for potential adoption, and shall forward those requests to the Planning Commission for its review and recommendation. VI. STAFF ANALYSIS AND RECOMMENDATION SITE SPECIFIC REQUEST #1 - TRIMBLE File Number: Parcel No.: Location: Size: Applicant: Owner: 02-104245-00-UP 102103-9017 One parcel located south of SW 316th Place, just east of Dash Point State Park (Exhibit B) 3.27 acres Terry L. and Patricia I. Trimble Same as Applicant Selection Process - 2003 Amendments to the Comprehensive Plan Page 3 EXHIBIT- PAGE_ OF Request: Request to change the comprehensive plan designation and zoning from Single Family Low Density and Suburban Estates (SE - Single Family, one unit per five acres) to Single Family Medium Density and RS 35.0 (Single Family, one unit per 35,000 square feet) Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Single Family Low Density SE (one unit per five acres) Single Family Medium Density RS 35.0 BACKGROUND The existing use on this property is one single-family home located on a 3.27-acre lot. This lot is zoned Suburban Estates (SE) requiring five acres per unit. The requested zoning change to RS 35.0 would allow the Trimbles to subdivide into potentially four lots, although they have expressed intent to subdivide into only two lots in order to retain the character of the immediate neighborhood. The property is heavily wooded, and there appears to be no environmental constraints. Dash Point State Park is located to the west and south. To the east are two parcels (#102103-9028 and #102103-9049), which are also zoned SE and are 1.03 acres and 0.93 acres, respectively, in size. The parcels across the street to the east of these parcels are zoned RS 9.6 (one unit per 9,600 square feet per unit) (Exhibit B). Prior to the City's incorporation in February 1990, the Trimbles' parcel (# t 021.03-9017) and the two adjacent parcels to the east, (# 102103-9028, and # 102103-9049) were zoned RS 9.6 by King County. There is currently no sewer service available to the site. Water is available through the Tacoma Water District. DECISIONAL CRITERIA Criterion No. 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response A request for a change in comprehensive plan designation and zoning has never been submitted for this parcel before. Criterion No. 2 I4/hether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The FWCP (Page II-17) gives the following description for Single Family Medium Density Residential: Selection Process - 2003 Amendments to the Comprehensive Plan Page 4 EXHIBIT. PAGE__ _OF "The Single Family Medium Density designation creates urban lots with a density range of one to three dwelling units per acre to avoid developing on or near environmentally sensitive areas. The Single Family Medium Density designation can be found along the Puget Sound shoreline and south of South 356th Street, both east and west of SR 99. Lot sizes of 35,000 and 15,000 square feet provide for a transition in density between land designated as Single Family High Density Residential and Single Family Low Density Residential. Some areas designated as Single Family Medium Density Residential still lack urban services and infrastructure. Upon provision of urban services, such as water and sewer, an increase in density may be warranted. The relatively large lot sizes along the Puget Sound shoreline areas are appropriate due to geological features including steep slopes and landslide hazards commonly associated with marine bluffs .... " For comparative purposes, the following comprehensive plan description for Single Family Low Density Residential is provided (Page II-16 of the FWCP): "The Single Family Low Density designation retains larger urban lots in order to avoid development pressure on or near environmentally sensitive areas and to retain areas that have unique area-wide circumstance. There are two notable locations; Spring Valley, located in the southern portion of the City, and along Puget Sound near Dumas Bay in the vicinity of Camp Kilworth and the Palisades Retreat property. The Single Family Low Density designation continues the historic application of low density zoning in areas that lack urban services and infrastructure. Moreover, the application of large urban lot zoning is appropriate to avoid excessive development pressures on or near environmentally sensitive areas as well as to serve as a buffer between adjacent land use designations of higher densities. Upon provision of urban services, such as water and sewer, an increase in density may be warranted. The Single Family Low Density designation in the Spring Valley and Dumas Bay areas have numerous environmentally sensitive features including, but not limited to: wetlands, flooding potential, geologically hazardous areas, streams (including salmonid habit), and wildlife habitat, and groundwater infiltration potential. Due to the sensitive nature of this area, the Draft Hylebos Creek and Lower Puget Sound Plan recommends zoning of one lot per five acres." Staff Response The proposed amendment is consistent with the comprehensive plan description for Single Family Medium Density Residential only if the two adjacent property owners to the east join the applicant in requesting a change in designation to Single Family-Medium Density/RS 35.0. If the Trimbles' property is considered on it's own, the proposed land use designation would result in a spot zone of Single Family Medium Density Residential surrounded by Single Family Low Density Residential. Staff contacted the neighboring property owners to learn if they had interest in joining the Trimbles' application for a change in land use designation. At the time of this writing, one of the owners (the Rowe Family) has responded that they have no interest in joining the Trimbles' request. The other property owner has not yet contacted City staff. Selection Process - 2003 Amendments to the Comprehensive Plan Page 5 EXHIBIT PAG The following is a discussion of how the Trimbles' request, if joined by their neighbors, would be consistent with the FWCP. However, since we have learned that one of the neighbors does not wish to join the Trimble's request, staff cannot support the proposed amendment. Discussion: The applicant's property is located near areas designated for high density residential and adjacent to Dash Point State Park, a designated Single Family Low Density Residential area. Existing lots located to the east of the Trimbles' property are approximately one acre in size, which is closer to the proposed Single Family Medium Density Residential designation than the existing Single Family Low Density Residential designation. Furthermore, the current comprehensive plan designation of Single Family Low Density (Page II-16 of the FWCP) states that it "...continues the historic application of low density zoning in areas that lack urban services and infrastructure .... "The site proposed for amendment was historically zoned RS 9.6 under King County, or the equivalent of FWCP Single Family High Density Residential designation. The FWCP also refers to two notable locations to be designated Single Family Low Density: 1) Spring Valley and 2) along Puget Sound near Dumas Bay. The site proposed for amendment is not located in either of these areas. The site proposed for amendment and neighboring parcels to the east are also less than five acres in size or the recommended lot size for Single Family Low Density designated areas. Criterion No. 3 Whether the proposed amendment meets existing state and local laws, including the GMA, Staff Response The proposal does not conflict with any existing state or local laws. Criterion No. 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteriaset forth in 1-4 above, it shall be further evaluated according to additional criteria that are presented in Secti .~n VII of this report. Staff Recommendation Staff recommends that the full Council not forward the proposed amendment request for further study unless the owners of the two adjacent parcels to the east also request a similar comprehensive plan amendment. SITE SPECIFIC REQUEST #2 - VELASCO File Number: Parcel No.: Location: Size: 02-104176-00-UP 921152-O59O Northwest corner of Hoyt Road SW and SW 340th Street 0.75 acre Selection Process - 2003 Amendments to the Comprehensive Plan Page 6 EXHmBIT PAG Applicant: Owner: Request: Robert Velasco, Jr. Same as applicant Request to change the comprehensive plan designation and zoning from Single Family High Density Residential and RS 9.6 (one unit per 9,600 square feet) to Neighborhood Business (BN) Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Single Family High Density Residential RS 9.6 (one unit per 9,600 square feet) Neighborhood Business (BN) Neighborhood Business (BN) BACKGROUND This parcel is Tract F of Wedgewood West, a single-family subdivision recorded in 1988. The applicant, Dr. Velasco, purchased the property in 1991. The parcel, which is currently heavily wooded, has never been developed for residential purposes, due in part to being bordered by SW 340th Street and Hoyt Road SW, arterial streets on two of its three sides. The parcel is located at the tip of the cul-de-sac, which is the highest point in the subdivision. The applicant has stated that the land is currently not usable as residential property due to the traffic constraints and safety factors. The applicant has indicated that they are interested in developing the property with a medical clinic. Adjacent uses to the west are single-family houses within the Wedgewood West subdivision. Across Hoyt Road to the east is also single-family housing. Across SW 340th Street to the south is a Chevron Gas Station. The property on the southwestern comer of SW 340th Street and Hoyt Road is currently vacant and is zoned Neighborhood Business (BN). However, the City is presently reviewing a commercial mixed-use development, Hoyt Road Retail on this site. DECISIONAL CRITERIA Criterion No. 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response A request for a change in comprehensive plan designation and zoning has been submitted twice before for this parcel, once in 1994 and then again in 1999. Conditions in the neighborhood have changed since the plat was recorded in 1988. Since then, the QFC supermarket was constructed just to the south of the King/Pierce County line. In addition, a Chevron Station was constructed on the southwestern comer of Hoyt Road and SW 340th Street, and the City has approved a retail development for the southeastern comer of this intersection (the building permit has since expired; however, we are in the process of reviewing another development, Hoyt Road Retail, a commercial mixed-use development). Also, traffic has increased on these two arterials, necessitating the installation of a traffic signal. Selection Process - 2003 Amendments to the Comprehensive Plan Page 7 PAGE__ _OF In both previous requests, the City Council found that conditions in the immediate ~)icinity had not changed so significantly as to make this request within the public interest. Criterion No. 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The comprehensive plan (Page II-22 of the FWCP) provides the following description for areas designated for Neighborhood Business use: "These nodes are areas that have historically provided retail and/or services to adjacent residential areas. The FWCP recognizes the importance of firmly fixed boundaries to prevent commercial intrusion into adjacent neighborhoods. Neighborhood Business areas are intended to provide convenient goods (e.g. groceries and hardware) and services (e.g. cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses. The need to address expansion or intensification may occur in the future depending on population growth. Future neighborhood business locations should be carefully chosen and sized to meet the needs of adjacent residential areas." The comprehensive plan provides the following applicable policies for Neighborhood Business areas: LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. LUP43 Retail and personal services should be encouraged to group together within planned centers to allow for ease of pedestrian movement. LUP45 Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. LUP46 LUP47 Neighborhood Business areas should be served by transit. The City shall limit new commercial development to existing commercial areas to protect residential areas. The proposed location for Neighborhood Business designation is not consistent with the FWCP. While the site is located along a transit route, it does not meet other important policies that guide the appropriate location for new Neighborhood Business designation. Most significantly, the comprehensive plan emphasizes that new neighborhood business development should be limited to existing commercial areas and that boundaries should be firmly fixed to prevent intrusion into residential areas. The comprehensive plan also 'states that future locations should be carefully chosen and sized to meet the needs of adjacent residential areas. In addition, Policy LUP43 states that retail and personal services should be encouraged to group together within planned centers to allow for ease of pedestrian movement. Selection Process - 2003 Amendments to the Comprehensive Plan Page 8 Given that the proposed location is part of a residential subdivision, designation as Neighborhood Business would result in commercial intrusion into a residential neighborhood. The site is also relatively small and separated from adjacent businesses by heavily trafficked roadways. The proposed site therefore provides no opportunity for grouping together with other similar uses in a planned center. Criterion No. 3 Whether the proposed amendment meets existing state and local laws, including the GMA. Staff Response The proposal does not conflict with any existing state or local laws. Criterion No. 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to additional criteria that are presented in Section VII of this report: Staff Recommendation Staff recommends that the full Council not select the proposed amendment request for further study. SITE SPECIFIC REQUEST #3 - LEE File Number: Parcel No.: Location: Size: Applicant: Owner: Request: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 02-104159-00-UP 302104-9051 36027 6th Avenue SW.; between 6th Avenue SW and 8th Avenue SW, southeast of the easterly terminus of SW 360th Street (Exhibit D) 3.12 acres Daniel Lee Same as Applicant Request to change the comprehensive plan designation and zoning from Single Family Medium DenSity and RS 15.0 (Single Family, one unit per l 5,000 square feet) to Single Family High Density and RS 9.6 (Single Family, one unit per 9.600 square feet) Single Family Medium Density RS 15.0 Single Family High Density RS 9.6 Selection Process - 2003 Amendments to the Comprehensive Plan Page 9 EXHIBIT L._.._ PAGE BACKGROUND The applicant, Mr. Lee, is requesting a change from Single Family Medium Density and RS 15.0 (one unit per 1500 square feet) to Single Family High Density and RS 9.6 (one unit per 9600 square feet). The subject parcel (#302104-9051) is 3.12 acres in size and has an older house, a detached garage, and accessory structures on it. The property is accessed from 6th Avenue SW, which is a two-lane road without sidewalks. Mr. Lee is requesting a higher density because he states he has water and sewer. However, Lakehaven Utility District confirmed that the property does not have sewer, but does have sewer hook-up potential from the streets directly to the west and south of the property. Hooking up to either of these sewer mains would require both an easement across other residential property and a developer extension. The subdivision to the south (Rosewood) is zoned RS 15.0. It consists of nine lots with some homes presently under construction. Adjacent properties to the north and across 6th Avenue to the east are also zoned RS 15.0 and are developed with single-family homes. The subdivision to the west, (Silverwood) abutting the backside of the subject property, is zoned RS 9.6. This subdivision is located along the eastern edge of a larger contiguous area zoned RS 9.6. DECISIONAL CRITERIA Criterion No. 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response A request for a change in comprehensive plan designation and zoning has never been submitted for these parcels before. Criterion No. 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The comprehensive plan (Page II-17 of the FWCP) provides the following description for Single Family High Density designated areas: "Single Family High Density residential designations are located within close and convenient proximity to neighborhood business centers, areas of existing or future employment, transit and existing urban infrastructure and services. Future Single Family High Density development should have good access to collector and arterial streets." The proposed amendment is not consistent with the overall vision of the comprehensive plan. The proposed site for the Single Family High Density Residential designation is not close to any neighborhood business center or area of existing or future employ~nent. The nearest neighborhood business center is located greater than one mile away at the intersection of SW 356th and 21st Avenue SW. Similarly, the nearest employment area is greater than one mile away at Pacific Highway South and SW 356th. (Typically for services to be considered convenient, they are located within % mile of a site.) Selection Process - 2003 Amendments to the Comprehensive Plan Page 10 EXHIBIT ! ..... PAGEJJ_©F The property has frontage on 6th Avenue SW, a minor collector, which provides connection with SW 356th, a principal arterial located approximately 'A mile from the property. There are currently no transit service at or near the site, nor are there sidewalks or designated bicycle routes along 6th Avenue SW. The nearest existing transit service routes are located greater than one mile from the site. Proposed future transit service routes indicate service extending along SW 356th Street. This would put transit at approximately IA mile from the site ifa bus stop were located at the intersection of 6th Avenue SW and SW 356th. The applicant's property is surrounded on three sides by Single Family Medium Density/RS 15.0 zoned land. A change in designation to Single Family High Density/RS 9.6 would result in a small peninsula of land being designated at a higher density than its surroundings. Finally, the property does not have sewer, but does have sewer hook-up potential from the streets directly to the west and south of the property. Hooking up to either of these sewer mains would require an easement across other residential property and a developer extension. Criterion No. 3 Whether the proposed amendment meets existing state and local laws, including the G MA. Staff Response The proposal does not conflict with any existing state or local laws. Criterion No. 4 In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteriaset forth in 1-4 above, it shall be further evaluated according to additional criteria that are presented in Section VII of this report. Staff Recommendation Staff recommends that the full Council not select the proposed amendment request for further study. SITE SPECIFIC REQUEST #4 - KIRK/NELSON File Number: Parcel No.'s: Location: Size: Applicant: Owner: Request: 02-104188-00 UP 332204-9023 and 332204-9122 North of South 288th Street and west of Military Road (Exhibit E) 1.34 acres Van and Amanda Kirk and John and Jeanette Nelson Same as Applicant Request to change the comprehensive plan designation and zoning from Single Family High Density and RS 7.2 (Single Family, one unit per 7,200 square feet) to Multiple Family and RM 3600 (Multiple Family, one unit per 3,600 square feet) Selection Process - 2003 Amendments to the Comprehensive Plan Page 11 EXHIBIT. PAGE Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Single Family High Density RS 7.2 Multiple Family RM 3600 BACKGROUND The applicants, Mr. and Mrs. Kirk and Mr. and Mrs. Nelson, are requesting a change from Single Family High Density and RS 7.2 (one unit per 7,200 square feet) to Multiple Family and RM 3600 (one unit per 3,6000 square feet). The subject parcels (#3322049023 and #3322049122) total 1.34 acres in size. Each parcel has an older single-family house on it. The property is surrounded by high-density single-family development to the north, across South 288th to the south, and to the west. It abuts Neighborhood Business-zoned property to the east. The property is accessed from South 288th, which is classified as a minor arterial in the FWCP and is fairly heavily traveled. Water and sewer service are available to the property from the Lakehaven Utility District. The Kirk and Nelson families are requesting a change from Single Family High Density to Multiple Family in order to permit the development of approximately 14 townhomes. According to the applicants, current zoning would permit eight single-family lots and driveways. The requested land use designation change would allow 14 residential units with only two driveways. DECISIONAL CRITERIA Criterion No. 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response A request for a change in comprehensive plan designation and zoning has never been submitted for these parcels before. Criterion No. 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The comprehensive plan (Page II-18 of the FWCP) provides the following description for areas with a Multiple Family Residential designation: "The Land Use chapter encourages the development of housing types such as duplexes, townhouses, and condominiums in existing multiple-family areas and within mixed-use development in commercial areas... Selection Process - 2003 Amendments to the Comprehensive Plan Page i 2 EXHIBIT PAG Multiple Family uses in large part are in areas currently zoned for multiple-family development. Opportunities for new development will occur through redevelopment and build-out of remaining parcels .... " The proposed amendment is not consistent with the overall vision of the comprehensive plan. The comprehensive plan clearly states that multiple family development is encouraged in existing multiple-family and mixed-use commercial areas. The plan does not provide a vision for the expansion or designation of additional multiple-family areas. Criterion No. 3 Whether the proposed amendment meets existing state and local laws, including the GMA. Staff Response The proposal does not conflict with any existing state or local laws. Criterion No. 4 In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteriaset forth in 1-4 above, it shall be further evaluated according to additional criteria that are presented in Section VII of this report. Staff Recommendation Staff recommends that the full Council not select the proposed amendment request for further study. SITE SPECIFIC REQUEST #5 - QUADRANT File Number: Parcel No.'s: Location: Size: Applicant: Owner: Request: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 02-104263-00 UP 551560-0005, 551560-0010, 551560-0015, 551560-0020, 551560-0026, 551560-0025, 551560-0030, 551560-0037,551560-0035, 551560-0091, and 551560-0090 North of South 320th Street and east of I-5 (Exhibit F) Approximately 20 acres Benjamin Conwell The Quadrant Corporation Request to amend Map III-27B (2003-2020 Regional Capital Improvement Plan (CIP) (Exhibit G) by deleting the planned extension to Weyerhaeuser Way South, north of South 320th Street Office Park - OP Office Park - OP N/A N/A Selection Process - 2003 Amendments to the Comprehensive Plan Page i 3 EXHIBIT_ I P A G E BACKGROUND The applicant, Mr. Conwell, on behalf of the Quadrant Corporation, is requesting an amendment to FWCP Map III-27B (2003-2020 Regional Capital Improvement Plan [CIP]) to delete the planned extension of Weyerhaeuser Way South, north of South 320th Street, to connect with the planned extension of 32nd Avenue South. The applicant's property is located just north of South 320th Street. The area to the north and west of this site is located within the City's Potential Annexation Area (PAA) in the Camelot Sub area. According to the applicant, the planned extension of Weyerhaeuser Way South north through their property is unwarranted given the planned extension of 32nd Avenue South. The applicant also believes that the location of the planned extension will have a severely detrimental effect on the value of their property. According to the applicant, the planned alignment of Weyerhaeuser Way South would bisect their property and ruin the office campus atmosphere they envision for future development of the property. The applicant also believes that the proposed extension would face challenges in crossing the existing BPA easement and residential properties north of the applicant's property (area located within the PAA). DECISIONAL CRITERIA Criterion No. 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response A request for the deletion of the planned extension of Weyerhaeuser Way South has not been submitted before. Criterion No. 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The FWCP, Transportation Chapter, Regional Capital Improvement Plan, Map 111-27B lists the extension of Weyerhaeuser Way South as a Regional Capital Improvement. As mentioned above, this planned extension would continue north into the City's PAA, which is currently undergoing analysis. The FWCP Transportation Chapter provides summary descriptions of the present characteristics in the sub areas of the City. The following is an excerpted description of the area where the proposed Weyerhaeuser Way extension would be located (Page III-8 of the FWCP): "East of I-5 Area The lowest level of development in and about the City falls east of I-5, within Federal Way's Potential Annexation Area (PAA). This presents the possibility of large increases in travel demand in the future. As this development occurs, it will be imperative to the success of the overall vision that supportive development and transportation patterns be encouraged. In other words, there is a need for a sufficient grid of more inter-connecting streets." Selection Process - 2003 Amendments to the Comprehensive Plan Page 14 EXHIBIT___J--- Map III-19 of the FWCP Transportation Chapter identifies the Weyerhaeuser Way South extension as a Class 2 bicycle facility (marked bike lanes) intersecting with a Class I facility (separate trail) that follows the BPA easement. No bicycle facilities are proposed for the 32nd Avenue South extension. FWCC Chapter 20, "Subdivisions," outlines design criteria that includes the following: Section 20-151(d): "Block perimeters should be no longer than 1,320 feet for non-motorized access, and 2,640 feet for streets." The proposed amendment is not consistent with the overall vision of the comprehensive plan and would not be consistent with block perimeter standards. Eliminating the northerly extension of Weyerhaeuser Way South would eliminate a direct connection between the existing Weyerhaeuser Way South and South 312th Street as extended. Therefore, the elimination of the proposed extension of Weyerhaeuser Way South would result in a loss of interconnecting streets to serve the needs of future development within the City's PAA. Additionally, eliminating the planned extension would result in the loss of an important link in the City's planned bicycle circulation network. Criterion No. 3 Whether the proposed amendment meets existing state and local laws, including the GMA. Staff Response The proposal does not conflict with any existing state or local laws. Criterion No. 4 In the case of text amendtnents, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteriaset forth in 1-4 above, it shall be further evaluated according to additional criteria located in Section VII of this report. Staff Recommendation Staff recommends that the proposed amendment be forwarded for further consideration based on a requirement for the Quadrant Corporation to conduct a Transportation Impact Analysis that would show that by itself, construction of 32nd Ave S., which borders the site on the west, from South 320th northwards would eliminate the need for construction of the Weyerhaeuser Way South extension with no added system delays. In order not to delay the 2003 Comprehensive Plan Amendment process, this analysis shall be submitted no later than December 31, 2003. VII. ADDITIONAL CRITERIA Under FWCC Chapter 22, "Process VI Review," if a request for a zoning map or comprehensive plan amendment meets the four criteria that have been discussed for each proposal in Section VI, additional criteria should be considered. None of the proposed amendments meet all of the first four criteria; however, we are providing a discussion of the additional criteria for your information. Selection Process - 2003 Amendments to the Comprehensive Plan Page 15 EXHIBIT_ PAGE_L Criterion No. $ Whether the proposed amendment can be incorporated into planned or active projects. Staff Response If the Council determines that any of these requests should be analyzed further, the proposed request(s) can be incorporated into the work program for the comprehensive plan update. Criterion No. 6 ,4mount of analysis necessary to reach a recommendation on the request. Ifa large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on any of the requests received would not require a large-scale study. Such analysis could be incorporated into the comprehensive plan update work program. However, since the City has just completed the seven-year update of the comprehensive plan in March 2003, we would like to limit the scope of this year's update. Work on the comprehensive plan limits the ability to finish code amendments and other area-wide studies that are currently on the work progratn. Criterion No. 7 Volume of requests received. ,4 large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response In September 2002, the City received four site-specific requests for changes to comprehensive plan designations and zoning, and one request to delete a future road from the comprehensive plan. Criterion No. 8 Order of requests received. Staff Response The requests were received in the following order: 1. Lee Request 2. Kirk/Nelson Request 3. Velasco Request 4. Trimble Request 5. Quadrant Request VIII. COUNCIL ACTION Pursuant to FWCC Section 22-523(d), based on its review of requests according to the criteria in Section VI of this staff report, the City 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. 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. Selection Process - 2003 Amendments to the Comprehensive Plan Page 16 EXHIBIT. L_._._ PAGE _1]_.. © IX. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options. For each, the staff recommendation has been highlighted with bold text. A. Site-Specific Requests 1. Site-Specific Request #1 - Trimble (i) Recommend that the full Council not select the proposed amendment request for further study unless the owners of the two adjacent parcels to the east also request a similar comprehensive plan amendment. (ii) Recommend that the full Council forward the proposed amendment request for further study by staff, and review and recommendation by the Planning Commission. 2. Site-Specific Request #2 - Velasco (i) Recommend that the full Council not select the proposed amendment request for further study. (ii) Recommend that the full Council forward the proposed amendment request for further study by staff, and review and recommendation by the Planning Commission. 3. Site-Specific Request #3 - Lee (i) Recommend that the full Council not select the proposed amendment request for further study. (ii) Recommend that the full Council forward the proposed amendment request for further study by staff, and review and recommendation by the Planning Commission. 4. Site-Specific Request #4 - Kirk/Nelson (i) Recommend that the full Council not select the proposed amendment request for further study. (ii) Recommend that the full Council forward the proposed amendment request for further study by staff, and review and recommendation by the Planning Commission. B. Request for a Change to Comprehensive Plan Map 5. Request to amend Map III-27B and Table 111-19 of the comprehensive plan - Quadrant. (i) (ii) Recommend that the full Council not select the proposed amendment request for further study. Recommend that the full Council forward the proposed amendment request for further study by staff, and review and recommendation by the Planning Commission based on a requirement for the Quadrant Corporation to conduct a Transportation Impact Analysis that would show that by itself, construction of 32"d Avenue South, which borders the site on the west, from South 320th Selection Process - 2003 Amendments to the Comprehensive Plan Page 17 EXHIBIT j____.._ _ J__J'g northwards would eliminate the need for construction of the.Weyerhaeuger Way South extension with no added system delays. In order not to delay the 2003 Comprehensive Plan Amendment process, this analysis shall be submitted no later than December 31, 2003. Xo LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the recommendation to the full Council as follows: 1. Trimble Request a) v// That the request not go forward for further consideration unless the owners of the two adjacent parcels to the east also request a similar comprehensive plan amendment. b) __ That the request go forward for further consideration. APPROVAL2F COMMITTEE AC~~N] ~r'm Faiso~, Chair Deani~l~colgan, Member '~'/f' hichael Parl~,/1Vle't~er - Velasco Request / a) /That the request not go forward for further consideration. b)__ That the request go forward for further consideration. APPROVAL OF COMMITTEE ~N: ~i~TFaiso~, Chair ~ 'Mc~olg~n, Member Michael Park, Member Selection Process - 2003 Amendments to the Comprehensive Plan Page 18 EXHIBIT_ PAGE .) Lee Rfest a) ~/That the request not go forward for further consideration. b)__ That the request go forward for further consideration. APPROVAL OF COMMITTEE A~/TI~: Er~Faison, Chair ~a~ McColl(aTn, Member - '~"~i~lia~efear~m~er Kirk/Nelson Request · a) V// That the request not go forward for further consideration. b)__ That the request go forward for further consideration. APPROVAL OF COMMITTEE ACTION: Er'-ic Fai'sc~r/, Chair Dean MCColgan, Member ~- ~ l~Iichae~ Par~,lert(ber / 5. Quadrant Request a)__ That the request not go forward for further consideration. b) v/ That the request go forward for further consideration based on the requirement for a Transportation Impact Analysis that supports the elimination of the northerly extension of Weyerhaeuser Way South. This analysis shall be submitted by December 31, 2003. APPROVAL OF COMMITTEE.,/AC-ffI~N: ' ic Faison, Chair D~/n McColgan, Member Michael Par~zlql~'~m(er XI. LIST OF EXHIBITS Selection Process - 2003 Amendments to the Comprehensive Plan Page 19 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Composite Map of Site Specific Requests Site Specific Request it 1 - Trimble Site Specific Request #2 - Velasco Site Specific Request//3 - Lee Site Specific Request it4 - Kirk/Nelson Site Specific Request//5 - Quadrant Map III-27-B of the Comprehensive Plan EXHIBIT,._L_ I52003 Comprehensive Plan\Selection Process\102003 StaffReport to LUTC.doc/10/20/2003 7:44 PM Selection Process - 2003 Amendments to the Comprehensive Plan Page 20 City of Federal Way Comprehensive Plan 2003 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Composite Map Legend: //~ City Limits · · · Potential Annexation Area 'm Site Specific Requests 0 0.5 1 1.5 2 Miles -om -om mE m~ N. Map Printed- Septe 003 Dash Point State Park SE SE Dash Point State Park Existing Designation: Comprehensive Plan: Single Family Low Density Zoning: SE SE Note: This map is intended for use as a graphical raprasentation only. The City of Federal Way makes no warranty as to its accuracy. Dash Point State Park RS9.6 Proposed Designation: Comprehensive Plan: Single Family Medium Density Zoning: RS35.0 100 0 100 200 300 400 Feet A City of Federal Way Comprehensive Plan 2003 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Terry Trimble & Patricia Trimble Site Specific Request #1 --om ~X Legend: Wetlands Steep Slopes Site Specific Request 'om ~X Map Printed-Sep 9, 2003 City of Federal Way Comprehensive Plan 2003 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES S.W 8' Proposed Designation: Comprehensive Plan: Neighborhood Business Zoning: BN Robert Velasco Site Specific Request #2 S.W. 340TH Existing Designation: Comprehensive Plan: Single Family High Density Zoning: RS9.6 BN Note: This map Is Intended for use as a graphical representation only. The City of Federal Way mekes no warranty as to its accuracy. 339TH ST. S.W. 340TH ST. 50 0 50 100 150 200 Feet RS7 -om m~ /- Legend: Wetlands Steep Slopes Site Specific"f~q~'st rn~ Map Printed-September 9, 2003 S.W. 358TH ST. RS15.0 City of Federal Way Comprehensive Plan 2003 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES RS9.1 S.W. 360TH ST. Si/verwood Subdivision Existing Designation: Comprehensive Plan: Single Family Medium Density Zoning: P, S15.0 S.W. 364TH PL. Note: This mep is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. RS1 S.W. 361ST ST. Proposed Designation: Comprehensive Plan: Single Family High Density Zoning: RS9.6 S.W. 363RD PL 100 0 100 200 300 400 Feet A Daniel Lee Site Specific Request #3 Legend: Wetlands Steep Slopes Site Specific~c~t -om Map Printed-September 9, 2003 S. 288*T'H S'/'. RS9.6 RM1800 PL. RM1800 BN City of Federal Way Comprehensive Plan 2003 SITE SPECIFIC REQUESTs FOR COMPREHENsiVE PLAN DESIGNATION CHANGEs Kirk/Nelson Site Specific Request ~4 Existing Designation: Comprehensive Plan: Single Family High Den · Zoning: R87.2 slty 100 100 2O0 300 Proposed Designation: Comprehensive P/an: Multiple-Family Zoning: RM3600 Safeway )0 Feet Legend: Wetlands Steep Sloper~~ Site Specific Map Printed-September 9, 2003 Existing Designation: -~ Comprehensive Plan: Office Park Zoning: OP CC .4 (KC) Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. S. ST. Proposed Action: Elimination of Weyerhaeuser Way extension north of S 320th St (KC) R-18 (KC) ITY LI R~ (KC) 200 0 200 400 600 800 Feet City of Federal Way Comprehensive Plan 2OO3 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Quadrant Site Specific Request #5 Legend: Wetlands Steep Slopes Site Specific ~q~t 5 Map Printed-September 9, 2003 P~g~t 8ound L, CITY OF ~- ~-uERAL WAY COMPREHENSIVE PLAN 2003-2020 REGIONAL CAPITAL IMPROVEMENT PLAN TI=lAN. BI,oR'rATION ELEMENT Federal Way City Limits PotentlaJ Ann exatlon Area Street Improvement Projec Non Motorized Improveme Projects 'OIT] Intersection Improvement Project Transit Station P~je[~ Map ldenfificati(~l~ber ~ SCALE- 1 Inch equals 5,800 r-~dera~',Nay MAP 111-27F City of Federal Way ~_ City Council Commit~e~ (~ ~ I .~ ~ ~ Land Use/Transportation -- __ October 20, 2003 5:30 p.m. City Hall Council Chambers MEETING MINUTES In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan and Councilmember Michael Park; Council Members Linda Kochmar and Jack Dovey; City Manager David Mosely; Director of Community Development Services Kathy McClung; Director of Public Works Cary Roe; Management Services Director Iwen Wang; Deputy Public Works Director Ken Miller; Surface Water Manager Paul Bucich; Traffic Engineer Rick Perez; Senior Planner Margaret Clark; Deputy City Attorney Karen Kirkpatrick; Contract Planner Janet Schull; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:31 pm. The committee voted to change the order of the agenda. Items H, G, and F, respectively, were discussed prior to items A-E. PUBLIC COMMENT Charles Gibson, representing the fifty-four members of the Northlake Community Club, spoke for his group and asked that the Northlake area be included in any annexation initiatives set forth in the near future by the City. He added that services are already provided by Federal Way and King County demonstrates ever-diminishing resources. 3. BUSINESS ITEMS A. FWSD Capital Facilities Plan and Proposed 2004 School Impact Fee - The City received the Federal Way School District Capital Facilities Plan with the proposed school impact fees for the City's annual review and adoption. The new fees, effective January 1, 2004, are $3,269 per single-family unit and $940 per multi-family unit. This a $625 or 16% decrease from the $3,894 single-family rate; and $154 or 14% decrease from the $1,094 multi family rate. The Committee voted to recommend the City Council approve the new school impact fees at its November 4, 2003, meeting. B. Resolution Authorizing Federal Way to Participate in the Regional Hazard Mitigation Plan of King County - Federal Law mandates that all States, Counties, Cities, Special Purpose Districts and Native Tribes develop a Hazard Mitigation Plan by November 1, 2004, in order to qualify for future grant funding supporting hazard mitigation initiatives. The mission of the plan is to reduce the impact of natural, technological and human caused disasters upon the communities within King County. Future phases will include review of additional vulnerabilities as well as continued efforts to update the Mitigation Plan. The Committee voted to recommend the City Council approve the resolution authorizing participation in the Regional Hazard Mitigation Plan of King County at its November 4, 2003, meeting. C. SW 323rd StreetJSW 320th Street Crosswalk Relocation - The Committee recommended approval to the City Council at its November 4, 2003, meeting for the relocation of the existing crosswalk across SW 320th Street at SW 323rd Street intersection to approximately 430 feet to the east with required pedestrian refuge island, signage, pavement markings and curb ramps. D. Lakota Creek Restoration Project- 85% Design Approval - This project would restore approximately 4,630 lineal feet of the west branch and mainstem of the Lakota Creek from South 320th Street downstream to the upstream end of the Lakota Wastewater Treatment Plant. The restoration activities of the project include placement of log structures, placement of streambed gravel, removing fish passage barriers, stabilizing the channel and stream bank, creating an off-channel pool, channel realignment and restoration, and revegetation. The Committee voted to recommend to the City Council at its November 4, 2003, meeting to authorize Surface Water Management (SWM) staff to proceed with design of the Lakota Creek Restoration Project and return to the LUTC Committee at the 100% design completion stage to proceed with the bid; and authorized SWM staff to continue negotiations for necessary easements and return to Council for authorization to execute easements. E. Lakota Wetland Regional Pond Improvements Project- 50% Design Approval - This project consists of increasing a continuous berm adjacent to the Lakota Wetland Regional Pond and installing a new outlet control structure The Committee voted to recommend to the City Council to authorize Surface Water Management (SWM) staff to ' proceed with design of the Lakota Wetland Regional Pond Improvements Project and return to the Land Use K:~LUTC Agendas and Summaries 2003\October 20, 2003, LUTC Minutes.doc Transpodation Committee at the 85% design completion stage for further reports and authorization; and authorize SWM staff to proceed with acquisition and negotiations on the two private parcels and return to Council for authorization to execute a purchase and sale agreement. F. 2003 Comprehensive Plan Amendments Selection Process - In September 2002, the City received four site- specific requests for changes to Comprehensive Plan designations and zoning, and one request to delete a future road from the Federal Way Comprehensive Plan. The individual Comprehensive Plan Amendments were discussed for the Trimble, Velasco, Lee, Kirk/Nelson, and Quadrant properties. Dennis Holt of Holt and Associates, Inc., in Kent spoke in favor of the Kirk/Nelson property Comp Plan amendment and zoning change; Wally Costello of the Quadrant Company spoke in favor of the deletion of the future extension of Weyerhaeuser Way from the Comp Plan. Each issue invited lively Committee debate. The Committee agreed unanimously on the Quadrant request going forward based upon a Transportation Impact Analysis that would support the elimination of the northerly extension of Weyerhaeuser Way South. Votes taken on the remaining four parcels supported the staff recommendation that the requests not go forward for fudher consideration, although Committee opinions were split. The Committee's recommendations were forwarded to the City Council for discussion at their November 18, 2003, meeting. G. Raised Medians Along SR99 Corridor- Raised medians add safety for both motorists and pedestrians. Medians keep traffic flowing better and reduce accidents by limiting left-hand turns. As Phase II of Highway #99 proceeds, the rd rd plans indicate that no lefts would be allowed at South 333 Street. The stretch of roadway from South 333 Street to South 336th Street has historically recorded a high number of accidents and DUIs because there are too many left turns and no traffic control lights. J. D. Lee, of Lee and Associates, representing Ick Klm, a property owner on South 333rd Street, spoke supporting safety concepts of medians, but questioned why Ross Plaza has left turn access and not South 333rd Street. The discussion was tabled to a later Land Use Transportation Committee meeting to give staff, council and businesses time to gather more information. H. Northlake Annexation - The most recent meeting of the Northlake Community Club was attended by City staff. Northlake, bordered by the Weyerhaeuser property, South 320th Street and Highway #18, has shown positive response to annexation to the City of Federal Way. Staff reported that as this effort moves forward and lessons are learned regarding the process, there may be some delays. Currently, the legal description of the Northlake area has been sent out to be written by a surveyor. The Committee discussed possible capital improvements to be made to annexation areas. The PAA study did not look at pavement condition. Looked at were streets, gutters, and sidewalks. It may remain the choice of the Council not to bring newly annexed areas to the same standard as the rest of the City. Those neighborhoods affected may not expect such upgrades, either. This issue was tabled to the next meeting of the Land Use Transportation Committee on November 3, 2003. FUTURE MEETINGS The next scheduled meeting will be November 3, 2003. ADJOURN The meeting adjourned at 7:50 p.m. XHIBiT .... PAGE___ Ks\LUTC Agendas and Summaries 20035October 20, 2003, LUTC Minutes doc Kathy McClung, Director Community Development Services Federal Way City Hall 33530 1~t Way South, PO Box 9718 Federal Way, WA 98063-9718 EXHIBIt,.. Hella M. Lunnen ~,~.~ 51-~l. sw PAGE ....... [ ,.'~;:: Federal Way, Washington 98023 CO~l],,,~. ~R~C.~_/VED BY Septem~r 30, 2003 ,~,, r uaV~LoPME~T DEPARTmeNT OO T 0'6 2003 Dear Ms McClung: I am writing in behalf of Hannah Rowe, who is the widow of Charles Rowe, who passed away in December 1996. Mrs. Rowe is the owner of the property at 5415 SW 316t~ Pl. You recently wrote a letter addressed to Charles Rowe regarding rezoning of this property. After discussing this matter with .Mrs. Rowe, she indicated that she is not interested in making this change. My role in this matter is as a holder of power of attorney for Mrs. Rowe. Please do not pursue this matter further for this property. Thank you for your consideration. Sincerely, Hella M. Lunnen Hannah Rowe 11/87/2883 12:25 2538528841 HOLT & ASSOC INC PAGE 82 EXHIBIT HOLT & ASSOCIATES, INC. pAG_F~ ' 1215 So. Central Ave., Suite 211 · Kent. Washington 98032 (253) 852-8816 Fax: 852-0841 November 7, 2003 Mayor Jean Burbridge Members of the City Council City of Federal Way 33530 1'~ Way S, Federal Way, Washington 98063 Re: 2003 Amendments to the Comprehensive Land Use Plan Request for Reconsideration - Site Specific Request #4 Kirk/Nelson 1.34-Aere Site from RS 7.2 to RM 3600 Honorable Mayor & M~mber~ of the City Council: On October 20, 2003 the Land Use/transportation Committe~ chose to recommend against selecting the proposed amendment request for further study by something less than a unanimous vote. The st~._fl' recommendation and LUTC decision against moving the Kizk/Nelson Request #4 forward seemed to weigh heavily on reference to a portion of the Comprehensive Land Use Plan where the consultant notes in excerpts from the plan that it states, "multi-family development ts encouraged in existing multi-family and mixed-use commercial areas. The plan d_..~_(~ not t~rovlde vg_E~yftpJ! for the expansion or designation of additional muht-famtly areas It is the proponents' position that though the plan may not provided a vision for the expansion or designation of additional multi-family areas it does provlde the annual opportunity to revtse and correct oveviousl¥ d_~t'ttV~,ed Iqnd use deslgnattons that mag have been perpetuated in errol~. Following a motion to support the rcquest there was less than a thorough review of limiting and undesirable long-term single-family development characteristics for the subject site. Discussion was muted when the motion in favor of moving the request forward died for lack ora second. The primary factor influencing the LUTC decision of 10/20/03 seemed to be concurrence with the City Staffand Consultant's Deeisjq_.rud C_n_'t~_ria N_o_.2_, i.e.: "Whether or not the proposed amendment is consistent with the overall vision of the comprehensive plan." The staff response reiterated policy provisions of the Comprehensive Land Use Plan wherein, it is statea, "The Land Use chapter encourages the development of housing types such as duplexes, towrthouses, and condominiums it! ex!sting multiple-family areas within mixed-use develo~tnent tn commercial areas..." and additionally that, "Multtfamtly uses in large part are in areas currently zoned for multiple:family development. Opportun#ies for new development will occur through redevelopment and build-out of remalning parcels... " 11/87/2883 12:25 2538528841 HOLT & ASSOC INC PAGE 83 November 7, 2003 Mayor Burbridge& Members of the City Council Re: 2003 Amendments to the Comprehensive Land Usc Plan · EXHIBIT_ PAGE . Opportunity exists to amend the vreviouslv inherited Ki~g_~Coun~ zoning.~.lassifi~t_ig~ that may not have_iugl~aded a _~rover ~slon for single family residential frontage exposures along SE 2gg~ St. The Federal Way staffand consultant's "Background" information presented to the LUTC have identified South 288* St, as a "..,fairly heavily traveled"...roadway... "classtfled as a minor arterial in the FWCP." Tl~ough the roadway is well traveled, the proponents are not seeking a radically significant upgrade in the zoning to a business or commercial use. Neither are they seeking a "like zoning" to tile existing and higher "RM 1800" zoning that boarders the neighboring "BN-Neighbo~hood Business" classification immediately next door to the subject property. The proponents are requesting your review of thc Rezone & Revision Request with a pleading for a prudent use of the eomprehensivo plan as a vision for the future; not a limitation' on the opportunity to revise or amend designations that raay have evolved in error. Your further study of the Kirk/Nelson Revision Request #4 from RS7.2 to RM 3600 would be sincerely appreciated. The narrative application data previously submitted by the proponents' architect regarding the number of possible dwelling units on the site(s) and probable driveway/access considerations would likely be quite helpful in your review. Respectfully, For: Mssrs. Kirk & Nelson olt & Associates, Inc. Dennis L. Holt, President CC: Mr. & Mrs. Van Kirk Mr, & Mrs, John Nelson Mr. David Thocstad, Architect Ms. Marga~t Clark, Kent Planning Dept. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Resolution Accepting the Preliminary Design of the Community Center and Directing Project to Proceed to Final Design CATEGORY: BUDGET IMPACT: CONSENT [] ORDINANCE Amount Budgeted: $ RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: 2003 Proposed Resolution Accepting the Preliminary Design of the Community Center and Directing Project to Proceed to Final Design; proposed preliminary designs of the Community Center. SUMMARY/BACKGROUND: The Council approved the planning process for a community center, senior center, and pool facility as part of the city's 2003/2004 Capital Facilities Budget. On July 15, 2003, Council then approved Celebration Park as the preferred site for the location of the Community Center. September 2, 2003, Council authorized the City Manger to proceed into schematic design for a 77,540 square foot Community Center with a building budget of 17.7 million that includes: a large community room, classrooms, 6-1ap swimming pool, large leisure pool, 3-court gynmasium, a climbing wall, and related support areas. On November 2, 2003, at a Special Session staff presented a proposed preliminary design of the Community Center. Council reviewed the proposed preliminary design, commented and directed staff to prepare a resolution for the November 18, 2003 regular City Council meeting memorializing the Council's acceptance of the preliminary design. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "I move approval of the Proposed Resolution Accepting the Preliminary Design of the Community Center and Directing Project to Proceed to Final Design." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION it REVISED - 05/10/2001 K:\agenditem~2003 Proposed Comm. Center Reso RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ACCEPTING THE PRELIMINARY DESIGN OF THE COMMUNITY CENTER AND DIRECTING PROJECT TO PROCEED TO FINAL DESIGN WHEREAS, the Federal Way City Council approved the planning process for a community center, senior center, and pool facility as part of the city's 2003/2004 Capital Facilities Budget; and WHEREAS, on February 18, 2003 the City Council adopted the Community Center/Senior Center/Pool Work Program and Timeline as part of the Councils Resolution 03-382 directing the implementation of stePs agreed upon at the 2003 City Council Retreat; and WHEREAS, on March 18, 2003 City Council appointed a citizen 20 member Advisory Group to advise Council on site selection and program elements for the Center; and WHEREAS, on July 15, 2003 city Council approved Celebration Park as the preferred site for the location of the Community Center; and WHEREAS, on September 2, 2003 City Council authorized: A. The City Manager to proceed into schematic design for a Community Center that is 77,540 total square feet with a building budget of 17.7 million that includes the following program elements: (1) large community room, (2) classrooms, (3) 6-1ap swimming pool, (4) large leisure pool, (5) 3-court gymnasium, (6) climbing wall, (7) fitness area, (8) pre-school room, (9) senior lounge, (10) caf6, (11) game area, Res. # ., Page 1 and (12) related support areas, and B. The City Manager to proceed into schematic design for the extension of South 333rd street through Celebration Park to 9th Avenue South with a project budget of $1 million to be paid for from the arterial street fund, and C. The City Manager to prepare a bond ordinance for the project financing of the community center in the amount not to exceed $15 million, and D. The establishment a project contingency amount of 10% of the total project, and E. The funding of the gap with additional REET collection in 2003, supplemented by unallocated 2002 year end funds, the $17.7 million budget, the road funds, and the contingency fund; and WHEREAS, the city conducted twenty public meetings on the planning for the Community Center; and WHEREAS, on November 4, 2003, the City Council reviewed and commented on the preliminary design of the Community Center; and WHEREAS, City Council directed staff to prepare a resolution memorializing the City Council's decision regarding the preliminary design to present at the November 18, 2003 regular meeting of the City Council; NOW THEREFORE~ THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Preliminary_ Design. The City Council hereby accepts the attached preliminary design for the Community Center and hereby directs the City Manager to authorize the project to proceed into final design. Res. # , Page 2 Section 2. Final Design. The City Council will review the final design at approximately 30%, 50%, 85% and at 100% of design completion in future City Council meetings. Section 3. Severabilit¥. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY WASHINGTON this day of COUNCIL OF THE CITY OF FEDERAL WAY, ,2003. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Res. # , Page 3 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:XResolutionsX2003 Proposed Comm. Center Reso Res. # , Page 4 City of Federal Way Community Center Study City Council Study Session November 4, 2003 · Lower Floor Plan · Mezzanine Floor Plan · Birdseye from Southwest · Birdseye from Northeast · Ground Views · Cafb/Lobby Interior · Forest Room Interior · Community Room Interior BARKER RINKER SEACATi~, In association with Arai/ Jackson and GreenPlay POOl. SENIOR LOUNGE CITY OF Federal Way Community Center Federal Way 1/16''= 1'-0" 11/04/03 BARKER RINKER SEACATi~~ JAR CHITECTURE ~l~ WALK ,' JOG TRACK CITY OF: ~1~ Federal Way )Mezzanine Level Plan Federal Way Community Center not to scale 11/04/03 BARKER RINKER SEACAT ~1~ [ARCHITECTURE~ Birdseye view fi.om South West CITY OF q~ FederalWay Federal Way Community Center 11/4/03 BARKER RINKER SEACAT ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Waiving Section 7(B) of the Purchasing Policies for City Hall Project CATEGORY: [] CONSENT [] ORDINANCE RESOLUTION [] PUBLIC HEARING CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $0.00 Expenditure Amt.: $0.00 Contingency Req'd: $0.00 ATTACHMENTS: Proposed resolution SUMMARY/BACKGROUND: At the City Council Special Meeting on July 22, 2003, staff explained that the City would save upwards of $500,000 by acting as its own contruction manager - taking the place of a general contractor - for the City Hall Project. On most capital projects, staff follows the Purchasing Policies and state law by drafting specifications, advertising for bids, evaluating the bids, and then submitting a recommendation for Council for approval of the contract with the successful bidder. The specifications and the contract with the general contractor authorize the hiring and use of subcontractors on the project. The City does not contract directly with the individual subcontractors. As a result Council does not separately approve the contract for each subcontractor. Instead Council's approval is based upon the general contract for a specified dollar amount, which must not exceed the Council-approved project budget absent extenuating circumstances. As construction manager for the City Hall Project, staff will continue to utilize the purchasing procedures as established in the Council Purchasing Policies and state law in regard to competitive bidding. However, in addition to the competitive purchasing procedures, the established City approval process requires City staff to present proposed contracts in excess of $20,000 to a Council Committee and then to full Council for approval. The City approval process takes approximately one month or more to complete considering the schedule of the Council Committees and the Council meetings. Staff estimates that the additional time for the approval process of all the subcontractor contracts over $20,000 will significantly delay the completion of the tenant improvements for the City Hall Project, and thus delay the opening of the new City Hall by July 2004 if Section 7(B) of the Purchasing Policies is not waived. The proposed resolution would allow staff, as the construction manager for the City Hall Project, to conduct business as other general contractors by hiring subcontractors (tentatively 11) with the City Manager executing the contracts ~vithout separate Council approval as long as the cost does not exceed Council-approved project budget of $15.3 million. Staff recommends Council adopt the proposed resolution. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A - this issue will be discussed at a City Council Special Meeting on November 17, 2003. PROPOSED MOTION: "I move adoption of the Resolution Waiving Section 7(B) of the Purchasing Policies for the City Hall Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, WAIVING SECTION 7(B) OF THE CITY OF FEDERAL WAY PURCHASING POLICIES FOR PURPOSES OF THE MUNICIPAL FACILITY PROJECT. WHEREAS, the City of Federal Way has determined that it may save costs by acting as its own construction manager for purposes of the Municipal Facility Project; and WHEREAS, this will require the City to execute several contracts with individual subcontractors rather than one contract with a general contractor; and WHEREAS, the City anticipates that many of these contracts will be over $20,000; and WHEREAS, Section 7(b) of the City's purchasing policies require that contracts over $20,000 be approved by the City Council; and WHEREAS, the City Council approval process can take up to a month due to Council and Committee meeting schedules; and WHEREAS, this approval could cause delay in the completion of work on the Municipal Facility and thereby delay the opening of the Municipal Facility; and Res. # ., Page 1 WHEREAS, the City could both increase efficiency and save costs by waiving the requirements of Section 7(b) of the City of Federal Way Purchasing Policies, requiring City Council approval, for purposes of contracting for the Municipal Facility Project; and WHEREAS, all other Purchasing Policies and applicable state laws, such as competitive bidding requirements, will remain in effect; and WHEREAS, the City Council has determined that it is in the public interest to waive Section 7(b) of the City of Federal Way Purchasing Policies for purposes of the Municipal Facility Project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Section 7(b) of'the City of Federal Way Purchasing Policies is waived for purposes of the Municipal Facility Project. Section 2. Severabilit¥. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Res. # , Page 2 Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2003. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:/Resolution/7(b) Reso Res. # , Page 3 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Resolution Denying the Appeal of the Heating Examiner Decision File No. 03-05 Approving the Central Puget Sound Regional Transit Authority Process IV Application to Site a Class 1 Essential Public Facility Within the City of Federal Way CATEGORY: BUDGET IMPACT: CONSENT [] ORDINANCE Amount Budgeted: $ RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: A copy of the proposed Resolution Denying the Appeal of the Hearing Examiner Decision File No. 03-05 Approving the Central Puget Sound Regional Transit Authority Process IV Application to Site a Class 1 Essential Public Facility Within the City of Federal Way. SUMMARY/BACKGROUND: The Central Puget Sound Regional Transit Authority applied to the City of Federal Way for approval to site a class I Essential Public Facility consisting of a transit center, including a parking structure, at the southwest comer of 23ra Avenue South and south 316th Street within the Federal Way City Center Core. The Heating Examiner held an open record hearing on June 24, 2003. On July 17, 2003 the Examiner issued a decision approving Sound Transit's application. The Examiner's decision was appealed on July 31, 2003 by Brian Tacke, Cindy Yohan and Stace Keen, Jim Prinzing, Stan Parente, Daryl Reichstein, Daniel Casey, Pam Kebre, and Hector Santa Cruz. Council conducted a closed hearing on October 22 and October 27, 2003. After consideration of the record, brief, Staff Report, oral argument, limited additional evidence, and deliberation Council denied the appeal. CITY COUNCIL COMMITTEE RECOMMENDATION: PROPOSED MOTION: "I move approval of the proposed Resolution Denying the Appeal of the Hearing Examiner Decision File No. 03-05 Approving the Central Puget Sound Regional Transit Authority Process IV Application to Site a Class 1 Essential Public Facility Within the City of Federal Way." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agenditem~agenda for Reso. Denying Appeal of Hear. Examiner Decision 11.10.03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DENYING THE APPEAL OF THE HEARING EXAMINER DECISION FILE NO. 03-05 APPROVING THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY PROCESS IV APPLICATION TO SITE A CLASS 1 ESSENTIAL PUBLIC FACILITY WITHIN THE CITY OF FEDERAL WAY WHEREAS, the Central Puget Sound Regional Transit Authority (hereafter "Sound Transit" or "Applicant") applied to the City of Federal Way for approval to site a Class I Essential Public Facility ("EPF") consisting of a transit center, including a parking structure (hereafter "Project"), at the southwest comer of 23rd Avenue South and South 316th Street within the Federal Way City Center Core; and WHEREAS, the Federal Highway Administration and the Washington State Department of Transportation jointly issued an Environmental Assessment and a Finding of No Significant Impact for the Project trader the National Environmental Policy Act ("NEPA"); and WHEREAS, Sound Transit, as lead agency for environmental review under the State Environmental Policy Act ("SEPA"), adopted the NEPA Environmental Assessment and issued a threshold Determination ofNonsignificance ("DNS") for the Project; and WHEREAS, Sound Transit's DNS was appealed to the Sound Transit Heating Examiner by Gateway Center, INC., Gateway Center Retail, LLC, Gateway Center Hotel, LLC and Federal Way Joint Venture ("Gateway Appellants"); and Res. # ., Page 1 and WHEREAS, the DNS was upheld by Sound Transit Examiner decision dated July 26, 2002; WHEREAS, the Sound Transit Heating Examiner decision was appealed by the Gateway Appellants to the King County Superior Court (Case No. 02-2-23888-2), which dismissed the SEPA appeal with prejudice on March 17, 2003; and WHEREAS, on April 15, 2003, the King County Superior Court dismissal was appealed by the Gateway Appellants to the Washington State Court of Appeals, Division I, File No. 52198-5~ 1, which appeal was later dismissed by a Stipulated motion to dismiss Gateway Appellants and claims with prejudice on September 22, 2003; and WHEREAS, the City of Federal Way Hearing Examiner ("Examiner"), Stephen K. Causseaux, Jr., held an open public heating on June 24, 2003 to review Sound Transit's application for approval under Federal Way's criteria for an EPF and for Process IV; and WHEREAS, the Examiner issued a decision on July 17, 2003 approving Sound Transit's application; and WHEREAS, the Examiner's decision was appealed on July 31, 2003 by Brian Tacke (Great Harvest Bread Company); Cindy Yohan & Stacey Keen (Westfair Home D6cor & Gifts); Jim Prinzing; Stan Parente (Salon Parente); Daryl Reichstein (Hillside Plaza); Daniel Casey as an individual and as representative for Citizens for a Vibrant City Center, as President of OCI, Inc. and as Managing Partner of the South 320th Federal Way Partnership; Pam Kebre; and Hector Santa Cruz; (hereafter "Appellants"); and Res. # , Page 2 WHEREAS, the City of Federal Way City Council (hereafter"Council") held a closed record appeal heating on October 22, 2003 (oral argument), continued to October 27, 2003 (Council deliberations) to consider the appeal; and WHEREAS, after considering the appeal based on the record, briefs, Staff Report, oral argument, and limited additional evidence as described herein, the Council denied the appeal as set forth below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings and Conclusions. The Council makes the following findings and conclusions: (a) The appeal was filed on July 31, 2003, within the time period prescribed by FWCC 22-447(b) (Clerk's Documents A). (b) Sound Transit filed a motion on September 5, 2003 to strike alleged errors 8, 13 and 14 (Clerk's Documents E). Appellants filed an opposing brief dated September 10, 2003 (Clerk's Documents F), and Sound Transit argued its motion again in its Response Brief dated September 19, 2003 (Clerk's Documents G). (c) At public hearing on October 22, 2003, prior to hearing argument on the merits of the appeal, the Council heard oral argument from both Respondent and Appellants regarding the motion to strike alleged errors and voted to deny Sound Transit's motion to strike alleged error number 8, Sound Transit withdrew its motion to strike alleged error 13 (Council Transcript - Clerk's Documents C, p. 43 lines 10-15 (mislabeled as testimony of David Larson), and Appellants conceded that alleged error 14 should be stricken. '(Id. p. 21 lines 14-15) Res. # , Page 3 (d) Appellants filed Appellants' Brief dated September 5, 2003 (Clerk's Documents G). (e) Respondent Sound Transit submitted a response brief dated September 19, 2003 (Clerk's Documents G) and Appellants submitted a reply brief dated September 26, 2003 (Clerk's Documents H). (f) The Council heard and considered argument and public comment (Council Transcript - Clerk's Documents C, pp. 6-8, 106-112, 115). (g) The Council considered all briefs, motions, argument, exhibits, and public comment and, on that basis, adopted all findings and conclusions of the Examiner's July 17, 2003 decision (Clerk's Documents A). Section 2. Additional Findings and Conclusions. The Council hereby adopts the following additional findings and conclusions. (a) Appellant sought to admit public comment in the form of a letter dated October 22, 2003 from Daryl Reichstein, one of the Appellants listed in the Notice of Appeal, which stated on behalf of Hillside Plaza Associates that they "strongly oppose the approval of the city's decision to construct the Sound Transit Park & Ride located at 316th and 23rd.'' (Council Exhibit 1) (b) The Council finds and concludes that Assignment of Error Number 1 is without merit. The Examiner's reference to Sound Transit v. City of Tukwila, Central Puget Sound Growth Management Hearings Board (hereafter "the Board") Case No. 99-3-0003, was not error. The Examiner did not base his decision on the Board decision, but upon his application of Federal Way City Code. The Board's decision recognizes the definition of a regional transportation facility and the parameters of a City's authority to impose reasonable conditions and mitigation measures as expressed in the statutes mentioned in Finding 6(B). The issue before the Council is whether the Res. # , Page 4 Examiner committed error in applying the requirements of Federal Way City Code. Appellants did not present any argument or evidence to show the Examiner violated any provision of the EPF code. Furthermore, Appellants did not challenge Examiner Finding 6(B), which identifies the statutory scheme interpreted by the Board decision. Challenged Examiner Finding 6(C) adds nothing to Finding 6(B), which Appellants failed to challenge. There is no merit to this assignment of error. (c) The Council finds that Assigmnent of Error Numbers 2 and 7 are without merit because they reference Comprehensive Plan amendments that the Council allegedly adopted in 2001. As the record shows, the City did not adopt Comprehensive Plan amendments concerning the transit center in 2001. (d) Council finds that Assignment of Errors Number 3 and 10 concerning the environmental impacts, including safety and transportation issues, are without merit, and are beyond the Examiner's and this Council's jurisdiction to consider. Environmental impacts were reviewed in the NEPA and SEPA determinations. Many of the Appellants participated in the appeals of Sound Transit's SEPA determination. (See Hearing Examiner Exhibit 14: Notice ofAppeal; SEPAAppeal to Sound Transit Examiner; SEPA Appeal to Superior Court and SEPA Appeal to the Court of Appeals). (e) The Council finds that Assignment of Error Numbers 4 and 11 are without merit. FWCC 22-946. l(b)(4) requires "the sponsor [shall] document whether any alternative sites have been identified." The Examiner is correct when he states in paragraph 7D that the sponsor, Sound Transit, documented a significant number of alternative sites that were explained in the NEPA Environmental Assessment and that, as a result of that process, there were multiple screenings at which the Appellants could have commented on the alternative site selection process. The Res. # , Page 5 Appellants had, and many took advantage of, the opportunity to comment on the site selection process at the environmental review stage. With regard to Examiner's decision, paragraphs 7(D) and 9, the Examiner did not have the jurisdiction to influence the location. Rather, the Examiner had to consider whether "any alternative sites have been identified" by the Sponsor, Sound Transit. FWCC 22-946.1 (b)(4). Sound Transit showed that alternative sites had been identified. The Appellants failed to show by preponderance that the Examiner erred. (f) The Council finds that there is no evidence in the record of a lack of public input on the location or nature of the transit center, including parking garage, as alleged in Alleged Error Numbers 5 and 6. (Clerk's Documents G (App. Br); Clerk's Documents C (HE Transcript). The evidence listed in the Staff Report (Clerk's Documents I), and noted by the Examiner show an abundance of public outreach on the matter. (Clerk's Documents A, Examiner Decision, p. 13, 7(F)). The Cotmcil's Comprehensive Plan amendment hearings conceming the transit center were open to the public, as was the Examiner's hearing for approval of the Project under EPF and Process IV criteria. Outside of the legislative processes by the City, the responsibility for public outreach fell upon the applicant, Sound Transit, which fulfilled that requirement as stated in the Staff Report and Examiner decision. The Appellants' argument that these hearings were not sufficient challenge the sufficiency of the process provided by NEPA, SEPA and the Federal Way City Code; these arguments exceed the scope of this quasi-judicial process. The public participation requirement of FWCC 22-946.1 (b)(6) was satisfied. The Examiner did not err in findings 7(E) or 6(F). (g) The Council finds that Alleged Error Number 8 encompassed the previous errors, and had already been addressed by the Council in the appeal. Res: # , Page 6 (h) The Council finds that Alleged Error Number 9 is without merit. Although public health, safety and welfare are significant considerations, the Examiner considered these issues in his decision, and correctly stated that these elements were considered in the NEPA/SEPA analysis. Appellants failed to prove by a preponderance that the project was not consistent with the public health, safety and welfare. (i) The Council finds that Alleged Errors 12 and 13 are without merit. Neither Alleged Error 12 nor the Appellants' oral argument identified specific error in the Examiner's conclusions, but referred the Council back to the earlier 11 alleged errors, thereby alleging no new issues for review. Likewise, Alleged Error 13 concerns the letter by Dan Casey dated June 29, 2003. That letter was written before the date of the Examiner's decision, fails to make any reference to specific findings and conclusions in the Examiner' Decision, and raises issues identical to the issues already considered by the Council in this appeal.. (j) Appellants alleged, for the first time during oral argument on October 22, 2003, that finding 7G of the Examiner's decision was in error, arguing that the Examiner should have conducted an independent review of the mitigation impacts and should not have relied upon the State Environmental Policy Act ("SEPA") and NEPA determinations. Finding 7G addresses EPF criteria seven - proposed impact mitigation. Appellants did not raise this issue before the Examiner, and failed to include it in their Notice of Appeal, as required by FWCC 22-447(b). Alleged errors not stated in a letter of appeal may not be heard FWCC 22-451 (c). Appellants' 7G allegation is also beyond the scope of this closed record appeal pursuant to RCW 36.70B.020. For these reasons, Appellants' 7G allegation is not properly before the Council for review. Res. # , Page 7 (k) The Council concludes that the Appellants' 13 alleged errors are without merit. Substantial evidence exists in the record to support each of the Examiner's findings, and Appellants failed to meet their burden of proving by a preponderance of the evidence that any of the Examiner's findings or conclusions is incorrect, as required by FWCC 22-453. (1) There is no just reason to delay disposition of this appeal. Section 2. Decision on Appeal. Based on the foregoing findings and conclusions, the Council takes the following action: The Council approves the Examiner's July 17, 2003 decision that the proposed Federal Way Transit Center complies with all decision criteria applicable to Class 1 EPFs and with all Process IV decision criteria, and is hereby approved. Section 3 Effective Date. The Federal Way City Council hereby enters its decision in the case of the Federal Way Transit Center Appeal of Heating Examiner Decision FW #03-05 Brian Tacke, Cindy Yohan, Stacey Keen, et al. v. Central Puget Sound Regional Transit Authority ("Sound Transit") and City of Federal Way. This resolution shall be effective immediately upon passage by the Federal Way City Council. Section 4. 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 of constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. # ., Page 8 RESOLVED BY THE CITY COUNCIL OF THE CITY OF WASHINGTON this 18th day of November 2003. CITY OF FEDERAL WAY FEDERAL WAY,. ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Revised: 11/3/04/03 K:LResolution~STCouncilReso2 Res. # , Page 9 MEETING DATE: November 18, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003-04 Mid-Biennium Budget Adjustment CATEGORY: [] CONSENT ~ ORDINANCE [] RESOLUTION PUBLIC HEARING [] CITY COUNCIL BUSINESS ~ OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Ordinance and budget adjustment exhibits A & B. SUMMARY/BACKGROUND: This is an ordinance for the adjustment of the 2003-04 Budget. This adjustment will: 1) incorporate items that have been approved by Council during the year; 2) correct budget errors; 3) adjust revenues and expenditures estimates to reflect updated economic condition and needs. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A. PROPOSED MOTION: "I move for the approval of the ordinance to second reading and adoption on December 2, 2003." "~};5~'"~'~G~R ~P'P~O~L'i ...................... ~ (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # 33.5- REVISED - 05/10/2001 CITY OF FEDERAL WAY 2003 MID-BIENNIUM & HOUSEKEEPING BUDGET ADJUSTMENT GENERALFUND Housekeeping Items Previously Approved by Council CM Proposed 2004 Adjustments 2003 2004 1-Time Ongoing 700,000 16,000 134,000 518,870 144,500 15,000 20,000 114,000 (1,285) (14,492) 10,038 City-Wide: Salary - Lower CPI and Updated Positions .................................................................................. Transfer to City Hall CIP -Improve Additional 11K sq ft .................................................................. Transfer to City Hall CIP - Add Necessary Furniture for Court & Conference Rooms ............................ Transfer to Community Center - for project contingency ................................................................. City Council: Increase funding for Airport Communities Coalition ....................................................................... Increase Council Salary & Benefits Based on Independent Salary Commission Review-Effective 7/1/03.. 35,000 Municipal Court: Increase Fines & Forfeitures for Probation Contract (Offset by Revenues) ......................................... 145,000 Law: Domestic Violence Unit Support ............................................................................................... Community Development: Carryforward Correction-Amanda Permit System Balance, Previously Approved ................................. Eliminate Transfer to CDBG Fund for Planning & Admin Shortfall-No Longer Needed .......................... Parks & Recreation: Carryforward Budget Adj Correct-E-Connect Balance Carryforward, Previously Approved ..................... 5,000 Public Safety: Westway Lighting Project-Contribution from Puget Sound Energy .................................................... Reinvesting in Youth ............................................................................................................... 5,000 Subtotal General Fund 977,753 688,878 5,000 (175,000) ARTERIAL STREET FUND Transfer to Community Center CIP ........................................................... · ................................ Reduce Current Appropriation in Order to Transfer to Community Center CIP .................................... 1,000,000 (f,000,000) UTILITY TAX FUND Transfer to Debt Service Fund-Community Center Bond Issue ........................................................ Transfer to Debt Service Fund-Partia! makeup the 2003 transfer shortfall ..................................... 1,024,000 250,000 Subtotal Special Revenue Funds 1,274,000 . DEBT SERVICE FUND Paragon Building Mortgage Payment ......................................................................................... 275,890 551,781 Transfer to Community Center CIP ............................................................................................ 1,000,000 Community Center Debt Service ............................................................................................... 1,024,000 Subtotal Debt Service Fund 1,275,890 1,575,781 - CITY FACILITIES CIP FUND Municipal Facility (Total $8,148,949) Property Acquisition & Improvements ......................................................................................... 15,301,051 Improve Additional 11K sq fl .................................................................................................... Add Necessary Furniture for Court & Conference Rooms ............................................................... Eliminate previous amount budgeted ......................................................................................... (23,450,000) (150,000) 518,870 144,500 Community Center (Total $16, 639, O01) Construction/Road Improvements/Contingencyosts ....................................................................... Debt Issue Cost ..................................................................................................................... 16,319,001 320,000 1,954,999 PARKS CIP FUND Hauge Property Acquisition-Source is 1/3 PW Unallocated ClP, 1/3 SWM Unallocated ClP, and 1/3 Park 352,215 Reduce Parks CIP Project for Hauge Properly Funding Source ....................................................... (108,329) SURFACE WATER MANAGEMENT CIP FUND Transfer from Unallocated CIP to Parks CIP for 1/3 Share of Hauge Property Acquisition ..................... 117,405 STREETS CIP FUND So 312th St @ 8th-Add Signal Interconnect-Funding From So 320th ............................................... 200,000 So 288th & Military Road-Additional Cost for ROW, Undergrounding, Utility Relocation/Adjustment ......... 500,000 So 288th & Military Road-Reduce Budget Amount by Shortfall in 2002 Ending Project Balance .............. (17,595) Weyerhauser Way & So 336th-Increase Construction for Weyerhaeuser Portion-Funded by Weyerhaeus 900,000 Transfer from Unallocated CIP to Parks CIP for 1/3 Share of Hauge Property Acquisition ..................... 117,405 Westway Lighting Project-Funded by CDBG Grant ....................................................................... 160,000 ROW 23rd Ave South-2002 Project Balance ................................................................................ 1,588,080 Subtotal Capital Projects Fund 12,299,233 1,804,999 663,370 CITY OF FEDERAL WAY 2003 MID-BIENNIUM & HOUSEKEEPING BUDGET ADJUSTMENT Housekeeping Items Previously Approved by Council 2003 2004 DUMAS BAY CENTRE FUND Dumas Bay Restoration Project (ALEA Grant Project) - Transfer to 2% for the Arts ............................. 9,285 CM Proposed 2004 Adjustments 1-Time Ongoing Subtotal Enterprise Funds 9,285 RISK MANAGEMENT FUND Increase Insurance Premiums-Policy Year Change, paid 7 months in advance for 2004 ........................ 180,000 Increase Worker's Compensation/Unemployement-Budgeted in Operating Funds, but not in Risk Manag( 180,000 INFORMATION SYSTEMS FUND Carryforward Budget Adj Correct-Amanda Permit System Balance Carryforward, Previously Approved .... 114,000 Carryforward Budget Adj Correct-E-Connect Balance Carryforward, Previously Approved ..................... 5,000 New City Hall Phone System-Funding Source is Replacement Reserves ........................................... 175,000 BUILDINGS & FURNISHINGS FUND Transfer Replacement Reserves to Municipal Facility CIP .............................................................. 809,000 SUbtotal internal Service Funds t,463,000 2% FOR THE ARTS FUND Dumas Bay Restoration Project - Source is transfer in from Dumas Bay ALEA Grant Project ................. COMMUNITY DEVELOPMENT BLOCK GRANT FUND Adjust CDBG Budget to Reflect Actual Allocation ......................................................................... 9,285 465,824 512,046 Subtotal NOn-Annually Budgeted Funds 475,109 512,046 - G~D TOT~ EXpENDITURE BUDGET ADJUSTMENT $ 16~500,270 $ 5,166,826 $1,352~248 $ 5;000 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2003-04 BIENNIAL BUDGET (AMENDS ORDINANCE NOS. 02-434 and 03-441). WHEREAS, certain revisions to the 2003-2004 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the mid-biennium budget adjustment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance 03-441, Section 1, is hereby amended to adopt the revised budget for the years 2003-2004 biennium as follows: "Section 1. 2003-2004 Biennial Budget. That the budget for the 2003-2004 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A & B (2003 and 2004 Revised Budgets)." Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD. # ., PAGE 1 Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this ,2003. CITY OF FEDERAL WAY Effective Date. This ordinance shall take effect and be in force five (5) day of ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. k:\fin\0304budget\mid bien adj2003 midbiord.doc ORD. # , PAGE 2 EXHIBIT A 2003 REVISED BUDGET i Begin Bal Revenue Fund Balance Adjustment Bui~get Budget Adjustment Budget Unreserved General Fund $ 9.!59.064 $ ~9.379.411 $ 298.002 $ 160.038 S 3~.006.515 IS 33.391.765 S 977.753 $ 34.369.518 S 4.636.997 Special Revenue Funds: Street 100.000 4.090.496 4.190.496 4.090.496 4.090.496 100.000 Arterial Street 695,572 1,683,775 0 2,379.347 2.379.347 2.379,347 Utility Tax 7,875.477 7.897,610 (2,529) 2,499 15,773,057 15.773,057 15.773,057 ' Solid Waste/Recycling 129.174 363,652 33.722 526,548 420.853 420,853 105,695 Special Contract/Studies 106,511 106,511 106,511 I06,5! I - Hotel/Motel Lodging Tax 177,797 189,865 4.322 371.984 367,662 367.662 4,322 2% for the Arts 28,114 9,285 37.399 28,114 9,285 37,399 _ Grants - CDBG 10.997 728,949 (5,054) 465,824 1,200,716 734.892 465,824 1.203,716 . Paths and Trails 51.592 9,300 0 60,892 60.892 Debt Service Fu nd 5.579.129 14,976,837 (0) 1.508,500 22,064.466 16.683,394 ! .275,890 ~ 7.959,284 4.105.182 Capital Project Funds: City Facilities 8.492,472 17.476,000 {0) 7.782.661 33,751 ,~ 33 25.261,081 8.49C.052 33,751, !33 - Parks 6,81,949 1.387,000 (1) 234,810 2,303,758 1.944,569 243.886 2?, 88.455 1 ! 5.303 SWM 6,738.(~06 1,130,709 (103.290) 7,765.425 2.738.256 117,405 2.855.661 4 909.764 Traffic 151,613 82 151.695 48.716 48,716 102.979 Streets 4.936,305 14,288,716 3,004,940 '1,060,000 23.2§9,961 16,330,¢70 3,447.89~ 19,778,666 3,511,301 Enterprise Fund: Surface Water Management 498,186 3.513,487 (10,684) 4,000.989 3,018.~)75 3,018,975 982,014 Du mas Bay Center 237,950 814.3(~1 23,808 1,076,(~'9 1,048,787 9.285 1,058,072 17,987 Internal Service Funds: Risk Management 4.221.909 848,590 (164.358) 360,000 5.266.141 760.590 360.0~0 1 120.590 4.!45.551 .... Infor~?.a_tion~SS.ys__t_e_m_s ...... 2.035,997 1,705.577 (73.025) !19.000 3,787 549 1,793.830 29,1.000 2.087,830: ".699 7~cc Fleet & Equipment 2,138." 66 1.527.284 (~ 8,248) 3,647,202 1 ·386,757 ' ,386,757 2.260 445 Buildings & Furnishings 867.353 505,489 (57,719) 1.3! 5 123 430.361 809.000 i 239.361 75,762 :; $ 55,087,323 $102,713,526 $2,906,506 $11,702,617 $172,409,972 $128,913,514 $16,500,270 $'145,413,784 $ 26,996,188 k:\fin\biennial\ordinanc\2003Housekeepingnew.xls ordinance03 11/10/2003 1:59PM EXHIBIT B 2004 REVISED BUDGET Revenues& other SoUrces ~ Uses ~ , · Fund Balance Revised Revised ' Ch'ang~ in.. ' Revenue .... Revisl~d Revised EXpenditure Revised ~' ~Reserved/ Fund Begin Balance Revenue . Fund Belance Adjustment ,BUdget BUdget AdjFstment Budget Unreserved General Fund $ 5,156,710 $ 29,811,531 $ (519,713) $ 5,000 $ 34,453,528 $ 33,384,441 $ 693,878 $ 34,078,319 $ 375,209 Special Revenue Funds: Street 100.000 $ 3,872,634 3,972,634 3,872,634 3,872,634 100,000 Arterial Street (0) $ 1,786,882 0 1,786,882 1,786,882 1,786,882 Utility Tax 30 $ 8,053,020 (30) (750,000) 7,303,020 5,994,897 1,274,000 7,268,897 34,123 Solid Waste/Recycling 71,973 $ 306,695 33,722 412,390 365,934 365,934 46,456 Special Contract/Studies $ Hotel/Motel Lodging Tax (0) $ 134,000 4,322 138,322 134,000 134,000 4,322 2% for the Arts $ Grants - CDBG 5,054 $ 554,170 (5,054) 512,046 1,066,216 554,170 512,046 1,066,216 Paths and Trails 60,892 $ 9,400 0 70,292 70,292 D_e.b_t Se~.i~e_Fun~d ................ _3±8__7_2_L57_2~$ ....... _5_;02~8_:8__36,~ ...... _2~_2,610 ..... !_,_18~4,~0_0~0 ___ _10,~31~8~,_0_1~8_ 4,868,850 1,575,781 6,444,631 3,873,388 Capital Project Funds: City Facilities 707,391 $ 1,250,000 (707,391) 2,468,370 3,718,370 1,250,000 2,468,369 3,718,369 1 Parks 124,380 $ 787,000 (9,077) 902,303 823,516 823,516 78,787 SWM 5,130,459 $ 1,521,764 (220,695) 6,431,528 2,794,459 2,794,459 3,637,069 Traffic 102,897 $ - 82 102,979 102,979 Streets 2,894,251 $ 14,219,000 617,050 17,730,301 14,829,893 14,829,893 2,900,408 Enterprise Fund: Surface Water Management 992,698 $ 3,519,421 (10.684) 4,501,435 3,955,764 3,955,764 545,671 Dumas BayCenter 3,464 $ 799,426 14,523 817,413 797,306 797,306 20,107 Internal Service Funds: Risk Management -- 4,309,909 $ 754,864 (164,358) 4.900 4~5- 667,464 667,464 4,232,951 Information Systems 1,947,744 $ 1,565,561 (248,025) 3.26~.:~80- 1,493,179 - 1.493,179 1,772,101 Support Services 185,737 $ 201,397 (23,462) -- 363,672- 179,650 179,650 184,022 Fleet & Equipment 2,278,693 $ 1,388,630 (18,248) 3,649,075- 889,302 889,302 2,759,773 Buildings & Furnishings 942,481 $ 466,030 (866,719) 541,792- 389,510 389,510 152,282 2003 Housekeeping new, xls ordinance 04 11/10/2003 1:59 PM CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Ordinance Amending Chapter 15 of the Federal Way City Code As It Relates to the Impound of Vehicles CATEGORY: [] CONSENT X ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: A copy of the Agenda Item for the Parks, Recreation, Human Services and Public Safety Council Committee meeting 11/10/03, and a copy of the proposed Ordinance Amending Chapter 15 of the Federal Way City Code As It Relates to the Impound of Vehicles Impoundment of Vehicles Driven By Suspended/Revoked Drivers. The Code provides for mandatory periods of impoundment depending upon the severity of the crime. In June of 2003, Division Three of the Court of Appeals reviewed a similar municipal code provision for the City of Warden, and determined that the municipal court judge should exercise discretion and consider relevant factors in determining the period of impoundment. The Court determined that the municipal code should not mandate specific periods of impoundment. Additionally, the registered tow track operators conduct auctions on the weekends. Currently, the Code mandates that the vehicle cannot be released without verifying the bidder has a valid driver's license. Department of Licensing will not verify valid licenses on the weekend. Consequently, the registered tow track operator cannot release the vehicle on the day of the sale, and storage fees continue to accrue. Based upon the recent case law and the discovery of the impractical requirement, staff recommends modifying the provisions in Article VIII, Chapter 15 of the FWCC to authorize the judges to use discretion when impounding a vehicle driven by a driver with a suspended or revoked driver's license. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Amendment to Chapter 15, Article VIII of the FWCC, and forward to full Council for first reading at the November 18, 2003, Council meeting. PROPOSED MOTION: "I move approval of the Ordinance Amending Chapter 15 of the Federal Way City Code As It Relates to the Impound of Vehicles and place on Agenda December 2, 2003 for second reading." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLEDfDEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agenditem~Proposed Ord Amnd Ch.l 5- Impound Vehicles CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE 11/10/03 Meeting Date: From: Via: Subject: November 3, 2002 Pat Richardson, City Attorney CE David H. Moseley, City Manager An Ordinance Amending Chapter 15 of the Federal Way City Code As It Relates to the Impound of Vehicles Background: In 2001 the City Council enacted Article VIII in Chapter 15 of the Federal Way City Code - Impoundment of Vehicles Driven By Suspended/Revoked Drivers. The Code provides for mandatory periods of impoundment depending upon the severity of the crime. In June of 2003, Division Three of the Court of Appeals reviewed a similar municipal code provision for the City of Warden, and determined that the municipal court judge should exercise discretion and consider relevant factors in determining the period of impoundment. The Court determined that the municipal code should not mandate specific periods of impoundment. Based upon the recent case law, staff recommends modifying the provisions in Article VIII, Chapter 15 of the FWCC to authorize the judges to use discretion when impounding a vehicle driven by a driver with a suspended or revoked driver's license. Staff recommends that the Parks Recreation/Human Services/Public Safety Council Committee approve the proposed Amendment to Chapter 15, Article VIH of the FWCC, and forward to full Council for first reading at the November 18, 2003 meeting. Committee Recommendation: Approve the Amendment to Chapter 15, Article VIII of the FWCC, and forward to full Council for first reading at the November 18, 2003, CounCil meeting. K:~GNDITEM~PRHSPSCOMMITTEE~unend Impound Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE VIII, CHAPTER 15 OF THE FEDERAL WAY CITY CODE - IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/REVOKED DRIVERS (AMENDING ORDINANCE NO. 01-393). WHEREAS, in 2001 the City of Federal Way adopted an impound ordinance relating to vehicles driven by suspended or revoked drivers; and WHEREAS, recent case law has determined that the impound period for the vehicle should be at the discretion of the court; and WHEREAS, currently the impound periods for vehicles are mandatory; and WHEREAS, it is impractical for the registered tow truck operator to verify with the Department of Licensing whether the bidder has a valid driver's license because most auctions occur on the weekend; and WHEREAS, the amendment is necessary to comply with recent case law and to provide a practical avenue for the registered tow truck operator; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15, Article VIII, Section 15-223 of the Federal Way City Code is hereby amended to read as follows: ORD # ., PAGE 1 Section 15-223. Notice of Impoundment. (a) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following: (1) the name of the impounding registered tow truck operator, its address, and telephone number; (2) the location and time of the impound, and by whose authority (including the name of the officer or authorized agent of the Department) the vehicle was impounded; (3) the notice that there may be a mandatory period of impoundment under Section 15-222 as determined by the Municipal Court; and (4) a form, approved by the City, which describes the right to and process for vehicle redemption requirements as set forth in Section 15-224, and which describes the process of Section 15-225 for contesting an impound or the costs of impoundment. (b) Not more than twenty-four (24) hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy of the notice described in subsection (a) of this section by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number and/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the Municipal Court. If the registered tow truck operator wishes to request that the person seeking redemption of the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound pay a security deposit to the registered tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed period of impoundment, as set forth in Section 15- 222, to ensure payment of the costs of impoundment. The notice shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. (c) The registered tow truck operator or the Department of Public Safety, as applicable, shall provide notice as described in subsection (a) of this section by first class mail to each person who contacts the Department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed Prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing form shall be completed by the registered tow truck operator and filed with the Municipal Court. (d) If the date on which a notice required by subsection (b) Of this section is to be mailed falls · upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday. ORD # , PAGE 2 SECTION 2. Chapter 15, Article VIII, Section 15-224 of the Federal Way City Code is hereby amended to read as follows: Section 15-224. Redemption of impounded vehicles. Vehicles impounded by the City in accordance with this Chapter, as now or hereafter amended, shall be redeemed only under the following circumstances: (a) Only the registered owner, a person with authorization from the registered owner, or one who has purchased the vehicle from the registered owner and who produces proof of ownership or authorization from the registered owner and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this Chapter must, prior to redemption, establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020 and pay a $100.00 administrative fee to the Municipal Court, and obtain a receipt for release from the Municipal Court. If the vehicle was impounded pursuant to FWCC 15-221 and was being operated by the registered owner when it was impounded, the Municipal Court shall not issue a receipt for release until all penalties, fines, or forfeitures owed by the registered owner have been satisfied, or a time payment agreement (in a form approved by the Municipal Court) has been entered into providing for the satisfaction of all said penalties, fines or forfeitures. A vehicle impounded pursuant to this Chapter for DWLS 1 or 2, or ?~?©L, can only be released pursuant to a written order from the Court. A vehicle impounded pursuant to this Chapter for DWLS 3 or NVOL may be released pursuant to the Municipal Court receipt. (b) Any person so redeeming a vehicle impounded by the City shall pay the towing contractor for the costs of impoundment prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120 (1) (b), as now or hereafter amended. (c) The Municipal Court is authorized to release a vehicle impounded pursuant to FWCC 15- 221 prior to the expiration of any period of impoundment upon petition of the spouse of the driver, or the registered owner provided the owner was not the driver, based on economic or personal hardship to such spouse, or registered owner resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle, including, but not limited to, the driver's criminal history, driving record, license status and access to the vehicle. The court is also authorized to release the vehicle upon petition of the driver where the driver has obtained a valid driver's license and the driver was the registered owner or has the permission of the registered owner to redeem the vehicle. An individual may have only one such hardship petition granted. If such release is authorized, the person redeeming the vehicle must still satisfy the requirements of FWCC 15-224 (a) and (b). SECTION 3. Chapter 15, Article VIII, Section 15-228 of the Federal Way City Code ORD # , PAGE 3 is hereby amended to read as follows: Section 15-228. Registered Tow Truck Operators - Contracts, Requirements. (a) The City Manager is authorized to seek a towing company or companies for a one or more contracts to be a City registered tow truck operator to perform towing and impounds pursuant to this Chapter. Award of any such contract or contracts shall be consistent with the City's adopted purchasing policies and applicable state and local laws and policies, and be approved by the City Manager or the City Council, as applicable. (b) If the City Manager determines not to enter into a contract for registered tow truck operator services, the City Manager may authorize the Director to have any tow truck operator registered with the State of Washington perform towing and impoundS pursuant to this Chapter. (c) A registered tow truck operator shall condUct any auction of vehicles impounded pursuant to this Chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator shall r.-~ .... ~ ..... ;~. ,~.~ u~.~;..~., r~ .... ~,~, ^.ct ~ .... : .... ,~.~ ,h ..... ~;~.~ .......... ~ ~ .... ~ ................ ~ ......................................... has release the vehicle to ~ individual possessing a valid Was~n~on driver's license or a valid driver's license ~om ~other state. (d) Records. (1) With respect to any sale at auction of a vehicle impounded under this Chapter, all registered tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the name, address and telephone number of the registered owner of the impounded vehicle being auctioned, as well as the name, address, driver's license number and date of driver's license expiration of each buyer. Said record shall be submitted to the Director on or before December 31 st of each calendar year. (2) A registered tow truck operator shall maintain copies of all records of all sales required pursuant to this Chapter, for at least six (6) years, and such records shall be open at all reasonable times to the inspection of the designated official, or his or her duly authorized designees for inspection. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance ORD # ., PAGE 4 or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ., 2003. CITY OF FEDERAL WAY day of ATTEST: MAYOR, JEANNE BURBDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDINSDWLSimpoundordinance2003.doc Revised 1-13-02 ORD # ., PAGE 5