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Council PKT 03-02-1999 RegularCITY CO UNCIL MEETING AGENDA MARCH 2, 1999 COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watkins City Manager Kenneth E. Nyberg He Ve AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 2, 1999 - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATION Emerg~g Issues CITIZEN COMMENT PLRASE COMPLETE TIII~ PINK SLIP & PRESENT TO THE DEPfflT CLERK PRIOR TO SPEAKING. C'u~en~ may address City Council at thi~ time. When recogn~ed by the Mayor, pleare come forward to the podium, adjust the microphone to proper height, and state your name and _address for the record. PLEASE LIMIT YOUR REMARKS TO THREE O) MINUTES. The Mayor may imerrupt citizen comments that continue too long, relate negatively to other indiWduals, or are otherwise inappropriate. CONSENT AGENDA (ltem~ listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all item, will be enacted by one motion; individual item~ may be removed by a Councilmember for separate discussion and subsequent motion.) Minutes/February 16. 1999 Regular Meeting Voucher/March 2. 1999 Monthly Financial ReporffM0nth 0f ~anuaxy 1995 Year-End Financial Report Resolution/Official New~_ a_oer Designation Council Bill #215/So 344th Way Street Vacation Approval/Enactment Ordinance Council Bill #216/Annual Comprehensive Plan Update Process Ado_orion/Enactment Ordinance (Consent Agenda continued next page) over please . . . i. be COPS lVIORB 1998 Grant Award A _C, Oeptance INT--RODUCTION ORDINANCES Co~ Bill g21WCs~_-Forward Bu~_~ ~d_iustment AN ORDINANCE OF THE ClTY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGE'rS A. ND FINANCE, REVISING THE 1999-2000 BIP-,N'NIAL BUDGET (AMF.~S ORDINANCE 98- 325). Staff Mm. ti, on/King County_ Contract P~_ sal for District Court Services Council Bill F218/Ordinance Authorizing the Formation of a Munici_~l Court AN ORDINANCE OF THE CITY OF FEDERAL WAY CREATING A MUNICIPAL COURT TO COMMENCE OPERATION ON JANUARY 1, 2000, PROVIDING FOR THE APPOINTMF~NT OF A MUNICIPAL JUDGE, AND AMENDING CHA_~ 2 OF TIlE FEDERAL WAY CITY CODE BY ADDING A NEW ARTICLE X. CITY MANAGER REPORT CITY COUNCIL REPORTS EXECUTIVE SESSION Xe Collective Bargaining/Pursuant to RCW 42.30.140(4~(a} Potential Litigation/Pursuant to RCW 42.30.110(1)(D Property Acquisition/Pursuant to RCW 42.30.110(1)(b) ADJOURNMENT ** THE COUNCIL MAY ADD AND T,41~E ACTION ON OTHER ITEM8 NOT LISTED ON THE AGENDA ** MEETING DATE: March 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~ CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of February 16, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: ............................................................................................................................................CITY MANAGER RECOMMENDATION: Approve Offic,al] ........... Minutes: .................................................. , , ~ I/ ~!4)}'"~' ................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I: \COVERCC- 5/14/96 DRAFT FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 16, 1999 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:05 PM. Council present: Mayor Gintz, Deputy Mayor Park, Councilmembers Dovey, Gates, Kochmar and Watkins. Councilmember Burbidge excused. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, Deputy City Attorney Bob Sterbank, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Watldns led the Pledge of Allegiance. III. PRESENTATIONS a. Proclamation/Chamber of Commerce Week Councilmember Gates read the proclamation designating February 15-19th as Chamber of Commerce Week and presented the proclamation to Chairman of the Board Mark Clirehugh. b. Human Services Commission Introductions/Certificates Councilmember Dovey introduced the new Human Services Commission members and presented them each with a certificate. The newly appointed members are: Bill Foulkes, Richard Bye, Rick Agnew, Jonathan Schmick, as regular members, and Donna Williams and Kevin King as alternates. City Council Regular Meeting February 16, 1999 - Page 2 c. Arts GQmmissi0n Introd~jction/Certificate Councilmember Gates announced Frances Veiling as the newest member to the Arts Commission, stating her term expires on 1/1/2001. As Ms. Velling was unable to attend the meeting, staff will forward her certificate. d. Economic Development U_mlate Economic Development Director Debra Coates updated Council on various economic development issues including Sound Transit site selection; the sign incentive program; marketing, recruiting and tourism; and the establishment of an identifiable city center. e. Emerging Issues There was no report for this section. IV. CITIZEN COMMENT Barbara Reid - thanked John Hutton for his assistance in booking tournaments at Celebration Park, and stated several events are being planned for the official dedication ceremony on May 22, 1999. Donna Welch - asked Council to include the Arts Commission in allocating any money received from the hotel/motel tax. Ve CONSENT AGENDA ao ee fe g. h. i. j. Minutes/February 2, 1999 Regular Meetin~ R~solufion/Redondo Firs Final Plat Approval - Approved-Resolution # 99-287 Resoluti0n/1999 Solid Wast~ & Recycling Division Grant Approvals - Approved-Resolution # 99-288 Enactment Ordinance/Council Bill #213/Rezone for Heritage Woods Div II - Approved-Ordinance # 99-334 Enactment Ordinance/Council Bill #214/Special Lodging Excise Tax- Approved-Ordinance # 99-335 City/King County I-NET Interlocal Agreement 1999 Asphalt Overlay Program/Preliminary Project List 1999 Right-of-Way l_and~c~p~ Maintenance Contract Renewal 21St Ave SW at SW 334th St Traffic Signal & Sidewalk Improvements 1999 Human Services Commission Work Plan COUNCILMEMBER DOVEY MOVED TO APPROVE THE CONSENT AGENDA. DEPUTY MAYOR PARK SECOND. Councilmember Gates pulled Consent Item (e). City Council Regular Meeting February 16, 1999 - Page 3 Approval of consent items (a), (b), (c), (d), (f), (g), (h), (i), and (j) carried as follows: Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watldns yes Consent Item Ce} - S_necial Lodging Excise Tax COUNCILMEMBER GATES MOVED TO APPROVE SUBSTITUTE LANGUAGE IN THE SPECIAL LODGING EXCISE TAX ORDINANCE TO ALLOW REVENUE ALLOCATIONS TO BE ADJUSTED TO REDUCE THE MAXIMUM POSSIBLE ALLOCATION FOR A CONVENTION CENTER FEASIBILITY STUDY BY $5,000 AND DIRECT THE MONEY INSTEAD TO THE HISTORICAL SOCIETY FOR TOURISM PROMOTION. COUNCILMEMBER KOCHMAR SECOND. Councilmember Gates explained the essence of the changes allocating money towards the Arts Commission, Arts, Tourism Promotion, Tourism, a Convention Facility Feasibility Study and the Historical Society. Councilmember Watkins asked if some of the money could be allocated towards sports events and Councilmember Gates responded tourism encompasses all events. Councilmember Dovey questioned the amount of money that would be allocated towards a convention center facility study and why it was given a reduced amount. Councilmember Gates stated the Arts Commission has already had a base feasibility study conducted on the convention center and this can be built upon. No need to start from square one. Councilmember Kochmar stated she is pleased that a small amount of the excise tax money will be allocated to the Historical Society. Motion to adopt the Special Lodging Excise Tax Ordinance with substitute language carried as follows: Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes City Council Regular Meeting February 16, 1999 - Page 4 VI. CITY COUNCIL BUSINESS ao Endorsement of KC Transportation Coalition's Re.~_uest for Referendum 49 Funding Rick Perez, City Traffic Engineer, introduced this item asking Council to endorse the King County Transportation Coalition's Request for Referendum 49 Funding. Projects Federal Way would like to see completed include completion of car pool lanes on I-5 through Federal Way; a truck lane on SR 18; construction of a Park and Ride at 21't Avenue SW and 344~ Street; a design study for an I-5 Interchange at SR 161; and funding for HOV lanes on SR 99 between Tukwila and Federal Way. COUNCILM'EMBER DOVEY MOVED TO APPROVE THE ENDORSEMENT LETTER OF KING COUNTY TRANSPORTATION COALITION'S REQUEST FOR REFERENDUM 49 FUNDING. carried as follows: Dovey yes Gintz yes Park yes COUNCILMEMBER WATKINS SECOND. The motion Gates yes Kochmar yes Watkins yes b. Temporary Traffic Signal at S 336th St & Weyerhaeuser Way S Traffic Engineer Rick Perez explained to Council the need for a temporary traffic signal at S. 336~ Street and Weyerhaeuser Way S in order to increase pedestrian and traffic safety. Mr. Perez stated the traffic signal would be temporary until the redesign of the intersection which will include a rotary. COUNCIl.MEMBER DOVEY MOVED TO APPROVE THE TEMPORARY TRAFFIC SIGNAL AT S 336TM ST AND WEYERHAEUSER WAY S. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VII. INTRODUCTION ORDINANCES a. Council Bill #215/So 344th Way Street Vacation Approval AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF SOUTH 344TH STREET. City Council Regular Meeting February 16, 1999 - Page 5 MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND READING/ENACTMENT ORDINANCE AT THE MARCH 2, 1999 CITY COUNCIL MEETING. DEPUTY MAYOR PARK SECOND. The motion carried as follows: Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes b. Council Bill #216/Annual Comprehensive Plan Update Process Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTER 22 OF THE FEDERAL WAY CITY CODE. MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND READING/ENACTMENT ORDINANCE AT THE MARCH 2, 1999 CITY COUNCIL MEETING. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VIII. CITY MANAGER REPORT City Manager Kenneth Nyberg stated the Volunteer Recognition Dinner will be held on February 26, 1999 at the Steel Lake Presbyterian Church and the City Council will hold a retreat on Saturday, February 27 at City Hall to discuss the Executive Search Process. Mr. Nyberg also stated the Executive Session on the agenda this evening has been canceled. IX. CITY COUNCIL REPORTS Councilmember Dovey stated the next meeting of the Park/Recreation/Human Services/Public Safety Committee is scheduled for February 22, 1999. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is March 1, 1999 at 5:30 PM. Councilmember Gates announced the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for February 23, 1999 at 5:30 PM. The AWC Legislative Conference will be held in Olympia on February 24 & 25, 1999, and she will attend the Sound Transit Meeting on the 24~ as well. City Council Regular Meeting February 16, 1999 - Page 6 Councilmember Kochmar stated the Airport Cities Coalition draft Interlocal Agreement should be available soon. Deputy Mayor Park attended an Asian Pacific Event at the Tacoma Dome on February 23, 1999 and announced today is the start of the Chinese Lunar New Year - the Year of the Rabbit. X. EXECUTIVE SESSION Pending Litigation/Pursuant to RCW 42.30.1 The Executive Session was canceled. XI. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the meeting at 8:05 PM. Laura Ulanowski, Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $1,422,865.26 Expenditure Amt: $1,422,865.26 Contingency Reqd: ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered~he labor performed as described herein and that the claims are just and due obligations against the City of ~ederal Warty ~authorized to authenticate and certify to said claims. ........................................................................................................................... Approve attached voucher pursuant to RCW 42.24 .............. ....................................................................................................................................................................................................... ..... ............ 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II H -~ ~ 0 0 00~0 ~ 0 ~ ~ 0 0 O0 0 ~ 0 0 0 O> O> O> O> o> o> o> o> o> o> o> o> o> o> o> 0 0 ;> 0 > 0 o cO o o ~ 0 o;> 0 0 ~q o o 0 ~0 O0 ~0 O~ oo ~o oo ~o~ oo ~0~0 0 m o o 0 ~0 o:> 0 0 0 0 0 o D 0 o~ HO H 0 0 o 0 Ln Z Z H 0 0 0 (J Zm Z 0 0 0 ~:0 o~ o> o 0 :> ~.. ~0 mm 0 0 rn (J n. o r.~ 0 UO o 0 o o o~ 000 (N1Cq ~1 ~>0 c~O o:> ,-¢ o (P > cq ~0 O~ 0 0 0 0 0 mO O~ 0 0 IDO 0'~ 0 o o ~0 Ln Ln 0 o > 0 ,-~ o ~ 0 0 {~ 0 ~ ~0 D~ 0 o 0 0 ~1 0 0 ~0 ~ 0 o r~ oo o~ o o o H o o 0 H o o~ o o 0 o n. 0 zm 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 o> o> o> o> o> o> o> c~O c~O ~0 o> o:> o:> Z o o~ Z 0 0 0 c4 0 o> 0 o H o o o o 0 ~0 0 H ~ 0 ¢ 0 o o o ~ .. ,~0 ~J 0 0 0 o o ~:0 ~0 o> 0 0 H mo o~ o 0 o o ~q 0>~ ~0 ~m o o o o H 0 cO 0 0 0 o'~ o 0 o o 0 ~.. o ~m o ~0 o> 0 O ~0 0 o o c~O o> t~ rtl 0 ~0 o> o o ~ tJ ~ 0 o:> [-~.. 0.-~ ~m o o H 0 0~, DO 0 0 o o o 0 0 o3 (33 ~D O r~ H O~ ~m O~ o o o OD 0 0 o 0 o o b~ o ~:~ ~ 0 o> o o 0 0 o o L~ H G 0 0 0 0 0 0 0 ,~, ~'~ 0 0 0 0 0 0 0 Ul 0 0 0 0 0 0 ~'- ~0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 ~0 ~0 ~0 ~ 0 ~ 0 ~ 0 ~0 ~0 ~0 ~0 ~0 N 0 ~0 ~0 ~0 o> o> o> o> o> o> o> o~ o> o> o> o> o> o> o> Ii ~ o , 0 ~) · 0 II rj II II ~J 0 ° II II I! II II II II II II I! o o ~0 o co t~ ~p o ~J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ · ~ ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 o> o> o> o> o> o> o> o> o> ~ MEETING DATE: March 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Monthly Financial Report CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Ami: $ Contingency Reqd: $ ATTACHMENTS: Monthly Financial Report SUMMARY/BACKGROUND: Month of January 1999 CITY COUNCIL COMMITTEE RECOMMENDATION: Was approved by the Finance Committee during their meeting on February 23, 1999. CITY MANAGER RECOMMENDATION: ~-w-'~"f~~ ~ APPROVED FOR INCLUSION IN COUNCIL PACKET: ~; (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # CITY eF ~ MEMORANDUM Date: To: From: Subject: February 23, 1999 Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director January Monthly Financial Report Action Requested: Accept the Monthly Financial Report and forward to the March Council meeting for approval. APPROVAL OF COMMITTEE REPORT Committee Chair: Mary Gates Committee Member: Jeanne Burbidge Committee Member: Linda Kochmar crr~ o~ ~_ January, 1999 Monthly Financial Report ~7'he Monthly Financial Report (MFR) is intended to provide an overview of financial activity that have taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste, Snow and Ice Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. 1999 PROJECTED REVENUES & EXPENDITURES (in millions) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Overall, operating revenues $2,438,678 are above the monthly budget projection of $1,936,526 as of January 1999, and operating expenditures $1,589,354 are also within the anticipated budget expenditures $1,989,297 for the period. The above results in the City's operating funds having a projected increase in fund balance of $902,095 as of the end of January, 1999. Of this amount $449,075 is related to Utility taxes and REET which are for the payment of debt service. The City has collected $2,438,678 or 6.7% of the annual operating budget ($36,365,990) through January. Operating revenues are exceeding budgetary estimates by $502,152 or 25.9%. In addition, fines and forfeitures are exceeding budgetary projections by $8,648 or 15.4%. State.shared revenues are exceeding budgetary estimates ($685,217) by $510,906. Local criminal justice sales tax to date of $106,584 is under the estimated revenues ($114,758) by $8,174 or 7.1%. Sales tax revenues are above budgetary estimates ($667,688) by $43,744 or 6.6% through January, 1999. Building permit and plan check activity has exceeded budgetary projections by $24,936 or 47.4 Business licenses andpermits are exceeding the monthly estimate ($20,191) by $21,828 or 108.1%. City of Federal Way January 1999 Monthly Financial Report REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending January 31, 1999 · .i~i~.. ~.~ ~ ~..ii~ il. ~..iiii~;~ ~..:~i ~:'.~':.~i ~:!'.~.~'.~' i.~'. '.~, i~'~';'~ ~.~. i'~.~. ~o., '. i'.. ~,.... ... ~. ? ~.~. ~."' '~~'? ~'~?~~ ^~,... ~o ~.-_= ~iiiii~i~i~ii'~"~" '~' ........ ~ ' .~...'. ~ ~ .~...?.~. ~,, ,..., ..=.......~ ~,,, . '~,. ,~d/~, ,,,....~. A~..., Co.~ .i 'Sud~.,, .. ~....~rm~d~ '~i ~'~. Properly Tax 6,634.350 21,039 0.3°/~ 21,039 0.0% 21,039 Sales Tax 8,605,426 711,432 8.3% 667,688 43,744 6.6% 711,432 Criminal Justice Sales Tax 1,362,747 ~ 06,584 7.8°/, 114,758 (8,174) -7.1% 106,584 Gambling Tax 509,600 38,719 7.6% 85,946 (47,227) -54.9% 38,719 Utility Tax 4,633,769 383,136 8.3% 395,881 (12,745) -3.2% 383,136 Real Estate Excise Tax 1,200,000 65,939 5.5% 56,816 9,123 16.1% 65,939 Franchise Fees 494,255 0.0% 114,348 (114,348) -100.0% Licenses & Permits 123,201 42,019 34.1% 20,191 21,828 108.1% 42,019 Intergovernmental 4,674,930 685,217 14.7% 174,311 510,906 293.1% 685,217 CD Building Permits & Fees 845,193 77,561 9.2% 52,625 24,936 47.4% 77,561 !CD Pass Thru Fees na na PW Permits 8, Fees 231,573 19,293 8.3% 16,959 2,334 13.8%i 19,293 PW Pass Thru Fees na na Grants 652,306 0.0% na SV~vl Fees 3,120,302 14,265 0.5% 12,177 2,088 17.1°/ 14,265 Refuse Fees 148,524 11,906 8.0% 12,663 (757) -60% 11,906 Admin Fees 168,478 14,040 8.3% 14,040 0 0.0% 14,040 Fines 8, Forfeits 714,000 64,790 9.1% 56,142 8,648 15.4°/ 64,790 Recreation Fees 501,343 28,894 5.8% 25,816 3,078 11.9% 28,894 Knutzen Theatre Operations 59,030 4,145 7.0% 4,919 (774) -15.7°/ 4,145 Dumas Bay Centre Operations 429,609 23,033 5.4% 19,919 3,114 15.6% 23,033 Public Safety 77,450 50,480 65.2%; 3,767 46,713 1240.1% 50,480 Interest Earnings 1,040,139 72,841 7.0%I 60,329 12,512 20.7°/ 72,841 Miscellaneous Revenue 139,765 3,345 2.4% 6,193 (2,848) -460% 3,345 Subtotal Operations 36~365,990 2,438,678 6.7% 1,936,526 502,152 25.9% 2,438,678 Interfund Transfers [ 5,451,309 o.o%I 25.;~ Other Financing Sources 321,648 0.0% na Total Revenues 42,138,947 2,438,678 5.8% 1,936,526 502,152 2,438,678 · Shows actuals as % of year-to-date budget. For example, 50% means actual revenues were half of what was budgeted for that period. COMPARISON OF 1999 OPERATING REVENUES - BUDGET TO ACTUAL $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 SI5,000,000 $10,000,000 $5,000,000 $- i Cumulative 1999! Actual Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec City of Federal Way January 1999 Monthly Financial Report EXPENDITURE SUMMARY BY DEPARTMENT Period Ending January 31, 1999 ~ At~al~ YTD Adopted Ye. r4~-Dete % YTD (Over)~lJnder Ae %'of Cun'~t Budget A~tull~ Expended BiJd~et YTD Budget YTO Budget" Month C~ty Council 219 841 ? 1,265 32 4% 85,876 (5,389) -8 2% ? 1,265 City Manager 58?, 110 46,3?? ?.9% 44,835 (1,541) -3.4% 46,377 Management Services 1,660,081 97,278 5.9% 117,129 19,851 16~9% 97,278 Civil legal Services 522,356 37~749 7.2% 27,803 (9,946) -35.8% 37,749 Criminal Legal Services 1,210,809 35,662 2.9% ?0,487 34,825 49.4% 35,662 Community Development 2,949,281 144,289 4.0% 242,096 96,707 40.6% 144~289 Public Safety 11,579,219 814,116 ?.0% 854,362 40,246 4.7% 814,118 Jail Services 875,000 0.0% 74,438 74,438 100.0% Parks & Recreation 2,962,798 132,214 4.5% 163,459 31,245 19.1% 132,214 Dumas Bay Centre Operations 435,809 10,713 2.5% 18,750 61037 36.0% 10,713 Knutzen Theatre Operations 59,030 7,897 13.4% 13,253 5,356 na 7,89? Public Works Operations 3,2?8,658 106,681 3.3% 161,056 54~ 1 ?5 33.8% 108,881 PW Asphalt Oveday Program 1,540~938 4,642 0.3% 17,324 12,882 ?3.2% 4,642 Solid Waste & Recycling 265,402 9,143 3.4% 19,243 10,100 52.5% 9,143 Snow & Ice Removal 55,076 79 0.1% 1,621 1,542 95.1% 79 Surface Water Management 1,712,884 71,049 4.1% 96,341 25,292 26.3% 71,049 Debt Service 5,293,481 00% 2,324 2,324 100.0% Subtotal Operations 35,205,551 1,589,354 4.5% 1,989,297 399,943 20.1% 1,589,354 Interfund Transfers 6,718, 341 0.0%1 20. Ina% Other Financing Uses 1,339,293 0.0% na Total Expenditures 43,263,185 1,589,354 3.7% 1,989,297 399,943 1,589,354 Shows actuals as % of year-to-date budget. For example, 50% means actual expenditures were half of what was budgted for that period. COMPARISON OF 1999 OPERATING EXPENDITURES - BUDGET TO ACTUAL $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 SI0,000,000 $5,OOO,OOO $- I LAc~ual Expenditures' Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec City of Federal Way January 1999 Monthly Financial Report The City has expended $1,589,354 or 4.5% of the annual operating budget ($35,205,551) through January. Operating expenditures are below the monthly budget ($1,989,297) by $399,943 or 20.1%. · Management Services expenditures total $97,278 which is $19,851 or 16.9% below the revised budget estimate ($117,129). Community Development Operations has expended $144,289 or 4.9% of its annual appropriation ($2,949,261). For the month of January they are below their budget by $98,707 or 40.6% of the year-to- date budget ($242,996). PRCS Operations expenditures total $132,214 which is $31,245 or 4.5% of the annual budget estimate ($2,962,798). · Public Works Operations is below January budget estimates ($161,056) by $54,175, and has expended $106,881 or 3.3% of its annual appropriation ($3,276,658). · The Solid Waste and Recycling program is below its budgetary projection ($19,243) by $10,100 or 52.5%. · Surface Water Management Operations are below projections by $25,292 or 26.3% of the January estimate of $96,341. The overall operating revenues for January are above the projected monthly budget, with Fines & Forfeitures, Intergovernmental, Licenses and Permits, and Real Estate Excise Tax exceeding monthly budget estimates. The overall operating expenditures are below estimates at this time, with Management Services, Public Works, Community Development and Parks and Recreation under projections and, City Council, City Manager and Civil Legal Services exceeding projections. City of Federal Way January 1999 Monthly Financial Report Local Retail Sales Tax The following graph and table summarize local retail sales tax revenues. Sales tax collections lag two months. For November sales activities, the City receives cash in January. LOCAL/~'TA/L SA/ES TAX ~ '/~- I~ fg~',~ 19~ 1~ Budg~ ~ r .... ~'~ ....... ] ......... :,g-'i,~ ............... "-i'~----- ~,~- Januan/ $ 644,666 $ 623,386 $ 638,862 $ 667,688 $ 711,432 $ 43,744 66' Febru an/ 883,229 902,478 949,276 94 I, 601 0.0°4 March 607,790 640,967 714,640 667.002 0.0°4 April 577,022 582,547 575,596 601.682 0.0% May 768,980 660,733 655,396 706,570 0.0% June 607,104 669,058 769,461 686,513 0.0' July 600,594 657,032 645,475 656,290 0.0% August 650,423 694,702 682,263 704,382 0.0' September 734,368 735,617 850,295 788,583 0.0% October 652,886 657,100 761,561 714,775 0.0% November 666,751 687,585 739,326 714,770 0.0% December 664,611 793,528 800,018 755,570 0.0% TaCal I$ ; .......... ~ ............... : ................. i ........... .._,;____o~__.. ,;....l. ....... ~ ..~4,.._t.~_ ..... ~..~.~;~ L_s _. _~_, .~.~_!~ ......... ~.~_~.~ I.s.. 43,744~ SALES TAX REVENUES January 1997 through January 1999 $1 ,ooo,ooo $750,000 $650,000 $600,000 $550,000 Sales tax received in January total $711,432 which is 6.6% above the adopted budget estimated of $667,699. Compared to 1998 January sales tax, revenues have increased $72,470 or 10.2%. City of Federal Way January 1999 Monthly Financial Report Real Estate Excise Tax The table and graph below illustrates collection history for the IsI and 2® ¼ percent real estate excise taxes. They both reflect the cyclical variation in this revenue source. The monthly budget estimates are based on historical REET revenues received since incorporation in 1990 through 1999, a ten year period. REET revenue activity for January has exceeded the adopted budget ($56,816) by $9,123 or 16.1%, continuing the trend we saw in 1998. Ir=AL ESTA T~ Ek'CISE ,ar~,a~ $ BC.U08 $ 65.621 $ 52,253 $ 'C,'7~ $ 94.71~ S 119717 $ 568'~ S ~5~39 S 9,'23 :ebma~ - ~,212 * 72,702 * 63,025 ' ~,0~ ' 101,~8 .... 82,116 60,317 $ - * 00~ aa~ 78.~9 249,510 83,1~ 105,133 132,678 1~,282 110,335 $ 00~ ~ phi ~, 173 102,473 73,850 155,107 1 ~, 187 189, ~0 104,765 $ 0.0~ June 167,8~ 130,113 107,801 133,081 120,432 295,7~ 118,511 $ 00~ 163,092 ~,e29 70,258 130,765 231,911 324,~2 125,9~ ~ugust 1~,6~ 97,514 183,599 123,913 181,4~ 137,949 107,~ $ 0.0~ 1~,392 82,8~ 82.~9 180,371 151.333 2~.439 105.825 ~o~r 146,4~ ~.6~ 76.809 102,780 216.381 143.877 91.~9 $ 00~ ;st. REValue $ 281,182,8~ $ 242,9~,6~ $ 219,010,2~ $ 305,030,000 $ 375,381,716 $ 471,~5,3~$ 240,~,0~ $ 13,187,808 $ 1,824,668 REAL ESTATE EXCISE TAX ACTIVITY Through January $140,000 i $119,717 $120,000 1' $100,000 I. E $60,000 I' $'46'524 $~0,000 $~0,000 [ S72,et8 $80,908 $94,719 $65,621 $70,177 $65,939 SS2,2S3 $66,816 City of Federal Way January 1999 Monthly Financial Report Utility Taxes The table below summarizes utility tax revenue collections. Through January utility tax collections total $383,136 which is $12,745 or 3.2% below the monthly budget estimate ($395,881). This reflects the 5.0% rate which was effective 3/1/97. Since we have only had this revenue source for a short time, it is difficult to project the monthly estimates. , i: ' Year. to. dam(~mJ~numy) I J"..... :"'~':::*~"=~'?'~"~'::":~'"' i::.~"'~ ~*" :~:'~'''''~''~''''' ''~ ......... :' :'~' ':'' "t'~''''~':''~'~:~' ' ":'~"~"~:~"~'::J ....... ~.:~.:. :....:~,~.~::~.......~:~.::~..:.,! '":" "'"'~'"':':'~'~::'~'~ "~'~:'~ ........ · ::':".:' i::~'::::"?'~".?"t' .%'::a~ ".:. {'.,' .'.':. :'. a~?.~':~,:{'::'~::.:~.":'~:v~.~'::.:'~ {. :...~v,,~:~.~! ". ':~..:::.: :':'" ..?~'.' ?..'~'.L~..~. '¥ "~ ..... ~'~" "" ' .... ' ......... ' ~ ........ .......... ' ' .................. ~ ........... ElectHc (Puget Power) $ 1,800,058 $ 195,953 189,086 $ (6,867) -3.5°A Gas (Puget Sound Enemy) * 519,10~ 80,562 -- 72,542 - (8,020)- -i0.0°~ G~ge (~ DiSp0sai~ - 315~76 ' 26,515' 24,372' (2,143)' -8.1 o/ Cable (Viacom & TCl) 465,876 38,282 38,836 554 1.4% phone~ ' 955,375 - 23,539 - 15,510' (8,029)~ :~i oA Sto~ Drainage 179,259 2,270 125 (2,145) -94.5°A ~liuiar-- - 33~,4~ ~7,860 ~,9gf- ~4,097' ' ~0.~% Pagers & Intemet ' 11,400 ~ 900-- 708 ' (192)~ :~ ~oA Community Development - Building Permit and Plan Check Activity The following graph and table illustrate building permit / zoning fee / plan review fee activity between 1991 and 1999. 1999-A~ 1999-Adp 1998 1997 1996 1~95 1~93 1~92 1~91 PERMIT/ZONING/PLANCHECK FEES ThroughJanuary $- $20,000 $40,000 $60,000 $80,000 ~ Elect~cal ~ BId/PIn/Zning Fees City of Federal Way January 1999 Monthly Financial Report · Overall, Community Development permits and fees total $77,561, which is $23,195 above the adopted budget estimate ($54,366). · Building permit fee collections through January total $36,446 which is $8,838 above the adopted budget estimate ($27,608). · Electrical fees are also exceeding budgetary expectations. Collections total $7,450 which is $1,753 or 30.8% above adopted budgetary estimates ($5,697). · Zoning fees collected for January total $8,370 which is $2,742 or 48.7% above the adopted budget estimate ($5,628). · Plan check fees collected during the same period total $25,296 which is above the adopted budget estimate ($13,692) by $11,604 or 84.8%. January $ 33,708 .$ 36,051 + $ 48,383 _ $ 26,306. $ 59,934 _$ 54,814 ~$ 52,625 _$ 77,561 . $ 24~938. 47.4°,4 February 39,795 47~ 671 34,376 44, 823 81,164 33,057 59,831 - 0.0°,4 March ~ 61,117; 52t296 i. 30,950~ 48,297. 95,791 _ 45,879. 77,053 ~ . . 0:0°,4 April _ 61,936_ 63,273. 36,508~ 51,060. 95,510_ 67,315 73,3_55 _ May 61,353 53,636 65,038 50,280 55,171 60,598 75,007 00".4 June 56,643 39,732 69,015 65,217 57,030 106,758 86,760 00°,{ July ........... 50,760 36,428 60,208 64,655 50,474 144,686 77,360 0.0°,~ August ~ 46,091 ~ 42,525 _ 71,299_ 60,072. 56,879_ 130,374. 70,815_ . September _ 55,870 ~ 67,062 _ 58,683 . 37,509 _ 61,053. 92,585~ 74,527 . _ _ 0,0% October 59,489 38,435 _ 60,354. 42,402 + 48,152 _ 122:107 ~ 66,713~ . _ 0,0% November ~ 55,740 ' 70,370 43,435 45,163 32,664 100,067 61,836 , 0,0% December - 5714~ ,5 - 49,954~ 81,86~ T ,19,~i 3' 48,~16 - 7~i:~43' ~9131i -- ' * 010% Exp thru January ~ 113,749 _ 88,112 _ 167,978 ~ !26,127_ 135.441 + 12_6,843_ 165.782 _ 130,111~ na. na Rec..overy Ratio _ 29.6°,4,_ 40.9% .......... 28.8% 20.9% 443% 43.2%, 31.7% 596°/0 na na YTD Recovery Ratio 39.4% 41.6% 390% 34.0% 357% 37.8% na na na · Building permit related revenues have recovered 59.6% of Community Development operating expenditures which total $130,111. City of Federal Way January 1999 Monthly Financial Report Public Works - ROW Permits, Plan Review Fees and Inspection Fees The table includes revenues from ROW permits, plan review fees and inspection fees for the years 1993 through 1999. Year-to-date activity through January totals $19,293, which is $2,334 or 13.8% over budget estimates ($16,959). I I l ii.: , '~i'i'i:~ :'. ,.'..::~' ::'.':,.. :.:', .".'...?..::. '. · i.?.::.'~:.:'.':i::'.~~,-~~~c~'~,~'..~..::'.: i:' 'i'"'"i: .!.: ~,''.:~ ':', ' ,:' .".,.:' '~,..?:!.~i. :~?, i. ,'.;,:,:':; ,;I Ii; ~":; ~;".:':".?;!~":~;'?' ". !J'".'?'"'! .~...:'"':':l' i '~'~;:~':;il:::~ 1~": J.~" '/~'~ ' '.'~'" '/'~ "'.J:' :~'t~':.., "l"; ~;".~'. :ii:::.~'.',':?.' :i' · J '.::..:..:..' !~.~;!.~:: :, i:. ::'1 January $ 1,655 $ 16,11t8 $ 22,397 $ 12,719$ 7,0~1$ 16,188$ 16,959$ 19,293 $ 2,33~ 13.8°,~ February 2,403 10,580 6,797 23,627 8,583 8,437 13,802 - 0.0~/, March 3,790 8,826 11,568 10,708 26,504 12,347 15,722 0.0% April _18,496 _ 25,439 + 11,224. 14,751 . 9,079 19,977 24,592 - 0.0% May 4,163 6,955 18,991 21,158 9,551 26,621 17,954 ~ . -. _ 0.0% JuDy 16,366 8,374 9,726 29,676 12,353 21,002 19,635 - 0.0% August._ 12,419 19,584 9,339 18,645 27,438 34,634 25,914 - 0.0% Septem Der ~ 6,583 + 9,997 ~ 9,006 ~ 15,252. 26,180 .~ 42,540. 19,191 ~ - 0.0°/, )ctoDer _ 35,280 _ (32,125)' 27,0~9 _ 14,041 _ 15,049I 32,348 13,147 - 0.0% November . 7,947 ~ 11,0~ 27,799~ 13,524~ 18,019 33,531~ 20,759__ ~ -~ 0.00/, December 7,193 20,147 22,638 14,832 19,049 32,460 22,623 0.0% Monthly Average 9,914 12,071 14,890 16,435i 15,735 25,535, 19,298; 1,608 194 na PERMITS AND FEES Through January 20,000 15,000 10,000 5,000 ~ROW Permits · Plan Review 1993 1994 1995 1996 1997 1998 1999- 1999- Adp Act Should you have any questions about this monthly financial report, please contact the following staff. This report is prepared by the following staff of the Management Services Department: Marie Mosley 661-4063 Tho Kraus 661-4170 Mari Doring 661-4096 February 19, 1999 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Year-end Financial Report CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Year-end Financial Report SUMMARY/BACKGROUND: Month of December 1998 CITY COUNCIL COMMITTEE RECOMMENDATION: Was approved by the Finance Committee during their meeting on February 23, 1999. CITY MANAGER RECOMMENDATION: ~' t~"t g ,qea~ , ~/ /~ ,,7[t~' APPROVED FOR INCLUSION IN COUNCIL PACKET: //~/~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # MEMORANDUM Date: To: From: Subject: February 23, 1999 Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director December 1998 Year-end Financial Report Action Requested: Accept the Year-end Financial Report and forward to the March Council meeting for approval. APPROVAL OF COMMITTEE REPORT Committee Chair. Mary Gates Committee Member:. Jeanne Burbidge Committee Member. Linda Kochmar December, 1998 Monthly Financial Report Fund Balance Composition $13.66 Million P3/Intfnd SWM Loans Unreserved 6.5% 2.3% Police 35.1% 4.3% Snow & Ice 0.7% Solid Waste 2.8% Strategic Resv Debt Svc 14.6% Designated 33.2% 0.5% Introduction 1-2 Revenues 3-9 Expenditures 10-13 Capital 14-16 Investments 17 Attachment A <~'he Monthly Financial Report (MFR) is intended to provide an overview of financial activity that have taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste, Snow and Ice Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through December for the years 1994 through 1998. Overall, operating revenues $38,466,076 are above the monthly budget projection of $33,998,663 as of December 1998, and operating expenditures $34,466,208 are also within the anticipated budget expenditures $36,788,332 for the pedod. The'above results in the City's operating funds having a projected increase in fund balance of $6,789,548 as of the end of December, 1998. Of this amount $1,583,790 is related to Utility taxes and REET which are for the payment of debt service. However, we anticipate that departments will still expend some of these savings as we continue to pay invoices we receive in January that relate to 1998. These invoices will be charged against the 1998 budget and revenues will be accrued in the closing pedod. The City has collected $38,466,076 or 113.0% of the annual operating budget ($33,998,653) through December. Operating revenues have grown $4,467,423 or 13.1% compared with activity through December 1997 ($34,058,006) due primarily to the addition of a utility tax rate increase which was not effective until March, 1997. The favorable variance is also attributed to Real Estate Excise Taxes (REET) which are continuing to exceed budgetary estimates by $1,257,326 or 114.3%. In addition, fines and forfeitures are exceeding budgetary projections by $152,219 or 23.0%. State-shared revenues are exceeding budgetary estimates by $513,691 or 11.5%. Local criminal justice sales tax to date of $1,369,307 is exceeding the estimated revenues ($1,260,667) by $108,640 or 8.6%. City of Federal Way December 1998 Monthly Financial Report Sales tax revenues are exceeding budgetary estimates ($8,469,131) by $385,609 or 4.6% through December 1998. Compared to 1997 activity ($8,359,928), revenues have increased $494,812 or 5.0%. Building permit and plan check activity has exceeded budgetary projections by $178,978 or 22.7%. Interest earnings are exceeding original estimates by $194,141 or 23.8% through December. The City has expended $34,466,208 or 93.0% of the annual operating budget ($36,788,332) through D~-~.ember. Operating expenditures are below the revised budget ($36,788,332) by $2,322,124 or 6.3% and have increased $5,264,363 or 18.0% when compared with activity through December 1997 ($29,201,845). This variance consists of savings in Management Services, Public Works, Community Development and Parks and Recreation and excess expenditures in City Manager, Jail Services, Debt Service and Dumas Bay Centre. Management Services expenditures total $1,596,835 which is $305,528 or 16.1% below the revised budget estimate ($1,902,363). The expenditure savings are due primarily to the concerted effort of management to control temporary help and overtime. Community Development Operations has expended $2,787,525 or 93.0% of its ($2,975,704). Through December they are below their budget by $188,179 or 6.3%. activities, expenditures have increased $318,522 or 12.9%. annual appropriation Compared with 1997 PRCS Operations expenditures total $2,733,035 which is $146,938 or 5.1% below the revised budget estimate ($2,879,973). Expenditures have increased by $98,317 or 3.7% as compared with 1997 activities. Dumas Bay Centre expenditures ($415,869) are above operating budgetary estimates ($401,228) by $14,641 or 3.6%. Compared with 1997 activities expenditures have not fluctuated, while corresponding revenue has grown $14,300 or 4.2% over the prior year. Public Works Operations is below revised budget estimates ($3,379,645) by $129,467 or 3.8%, and has expended $3,250,178 or 96.2% of its annual appropriation ($3,379,645). The Solid Waste and Recycling program is below its budgetary projection ($295,914) by $6,339 or 2.1%. Surface Water Management Operations are below projections by $115,268 or 7.4%. The explanation for this shortfall derives largely from the fact that the Vacuum/Jetrodding Contract Services started late this year due to a bidding dispute that eventually required that we rebid for services. Compared with 1997, SWM operations have decreased by $11,182 or 0.8%. The 1998 Asphalt Overlay Program has incurred expenses of $1,825,942 or 82.0% of its appropriated budget ($2,225,570). The contractor has completed all the schedules included in the odginal agreement. Since the project was below budget, an additional area (schedule) was added. Due to weather, this added work may not be completed until 1999, therefore these funds will be carried forward to 1999. The overall operating revenues for December are above the projected monthly budget, with Real Estate Excise Tax, State-Shared Revenues, Fines & Forfeitures, Interest Earnings and Utility Tax exceeding monthly budget estimates. The overall operating expenditures are below estimates at this time, with Management Services, Public Works, Community Development and Parks and Recreation under projections and City Manager, Dumas Bay Centre and Civil Legal Services exceeding projections. It is anticipated that some of these savings will be used as we receive and pay additional invoices during January that relate to 1998. These invoices will be charged against the 1998 budget. City of Federal Way December 1998 Monthly Financial Report Local Retail Sales Tax Table I and Graph 2 summarize local retail sales tax revenues. Sales tax collections lag two months. For November sales activity, the City accrues sales tax revenues in December, and the City receives cash in January. Attachment A reflects accrued estimates. · Through December sales tax proceeds total $8,854,740 which is $385,609 or 4.6% above the adopted budget estimate of $8,469,131. Table 2 summarizes local retail sales tax revenues for the month of December. Compared to 1997 activity, December sales tax revenues have increased $72,569 or 11.4%. Retail Trade $ 412.814 $ 422,660 I $ 416.190 $ 422.874 $ 439,811 $ 453,482 $ 13,671 I 3.1~ ;ef~ices 43.980 52,205I 50.616 58.775 54.698 67,465 12,767 23.3% Con struclionlContract 38.578 55.283 38.657; 39.944 50.493 60.14,5 9.653 19.1% ~VnoiesMing 43,912 36,252 32,290 30,982 37,530 35,895 (1,635) -4.4% rransp/Comm/1Jfility 27,226 45,35~ 24,075 29,055 29.283 32,771 3,488 11.9% danufacturiflg 21,909 24.893 44,345 25.715 7.660 38,170 30,510 398.3% 5.967 27.696 6.779 l 5,763 9.621 3,857 66.9°A 5.246 Flnflfl~ReM Estate 5,049 5,2'/8 7,370 4,802 I 7,317 8,484 1,167 15.9%; Government 5,2'o6 6,145 3,425 4,461 I 6,308 5,399 (909) -14.4% U City of Federal Way December 1998 Monthly Financial Report Table 3 is a comparison of year-to-date sales tax growth by major industry sector between 1993 and 1998. Compared to 1997, sales tax collections have increased $534,531 or 6.4%. The variances may be due to the timing of when the tax returns are filed. The returns may be filed monthly or quarterly depending on whether certain criteria are met. Retailing activity has increased by $230,618 or 4.3% compared to 1997 activity. The City has experienced increased revenues overall in the retail sector. VVholesaling related activity has increased by $36,129 or 7.6% when compared to 1997. The increase is due primarily to increased activity. Manufacturing activity has increased by $110,385 or 30.1% compared to 1997. The increase is due to a major manufacturing company reporting 4th quarter 1997's sales tax in 1st quarter 1998. Government related activity through December increased $31,015 or 27.0% compared to 1997 due pdmadly to $16,300 in adjustments made as a result of internal audits of a major governmental agency for the reporting pedods May, 1997 through March, 1998 and September 1998. Table 4 details, through December, comparative sales tax activity between 1991 and 1998 segregated by vadous retail centers including the SeaTac Mall, S 348th retail center and the Pavilion retail center. City of Federal Way December 1998 Monthly Financial Report · The City's largest retail center, S 348th retail center which generates over 15% of the City's sales tax has experienced an increase in December of $106,964 or 6.4% in taxable retail activity as compared with 1997. The SeaTac Mall has a decrease in taxable retail sales through the month of December. Compared with 1997, sales tax collections have decreased $31,945 or 3.1%. After moderate growth between 1991 and 1994, taxable retail sales activity at the mall has steadily slowed since 1994. Real Estate Excise Tax Graph 2 and Table 5 illustrates collection history for the 1st and 2nd ~ percent real estate excise taxes. The table and graph both reflect the cyclical variation in this revenue source. The monthly budget estimates are based on historical REET revenues received since incorporation in 1990 through 1997, an eight-year pedod. REET revenue activity for December has exceeded the adopted budget by $188,205 or' 186.2%, continuing the trend we saw in 1997. Compared with 1997 activities, REET revenues through December have increased $1,257,326 or 114.3%. $2~500,000 $2,000,000 $1,500,000 $5O0.00O REAL ESTA1E EXCISE TAX ACTTVITY ~ I $~ q.gl $ 52,253 5 70.1T/' S 94.719 S 51.608 $ 72.702 63,025 84,096 101.508 57,412 82,116 1 $ 249.510 83,156 105.133 132,678 104,084 166.282 102,473 73.850 155,107 186,187 96.965 189.860 ] $ 94,387 73,648 133.203 108,060 92.144 270.672 ~ $ 130.113 107,601 133.061 120.432 104.964 295,7361 $ 96.629 70.258 I 130.765 231.911 110.936 324.962 ! $ u~,~ugust 97.514 183.599 123.913 161.490 102.366 137.949! 82.804 82.369 180.371 151,333 97.207 204,439 ~ 64,606 76,809 102.780 216.381 I 92,638 143.877] $ 65,105 132.917 160.199 188,999I 88,613 132.448~ $ lest. RE Value $ 281.182.800 I $ 242.994.600 $ 219.010.200 I $ 305.030.000 ; $ 375.3.61.716 [ $ 220.000.000 $ 471.465.164 I $ 251.465.164 I na City of Federal Way December 1998 Monthly Financial Report State Shared Revenues Table 6 and Graph 3 present a comparison of state shared revenues received through November between 1993 and 1998 by revenue type. Accrued estimates for December are reflected in Attachment A for MVET, camper excise tax, liquor excise, criminal justice Iow pop and high crime, equalization, local criminal justice sales tax, fuel taxes and vehicle license fees. These payments will be received in January for the month of December. Liquor Profits collected through November total $547,578, which is above estimated revenues ($396,743) by $150,835 or 38.0%. · Equalization is exceeding estimated revenues ($187,687) by $104,577 or 55.7%. · Local criminal justice sales tax to date of $1,262,724 is exceeding the estimated reVenues ($1,067,823) by $194,901 or 18.3%. · Fuel taxes are exceeding budgetary projections through November by $1,596 or 0.1% and vehicle license fees are exceeding projections by $48,619 or 8.5%. l l=lVeh Lic Fees lFuel Tax r'tEquatlzetlon ~Llquor ~MVET Graph 3 $6,000,000 $5.000.000 $4.000.000 $3.000.000 $2,000.000 $1.ooo.ooo $* STATE-SHARED REVENUES 1993-1998 City of Federal Way Utility Taxes Table 7 summarizes utility tax revenue collections. Through December utility tax collections total $4,553,650 which is $326,464 or 7.7% above the annual budget estimate ($4,227,186). This reflects the 5.0% rate that was effective 3/1197. Since we have only had this revenue source for a short time, it is difficult to project the monthly estimates. December 1998 Monthly Financial Report . Community Development - Building Permit and Plan Check Activity Graph 4 and Table 8 illustrate building permit ! zoning fee / plan review fee activity between 1991 and 1998. Graph 4 1998-Act 1998-Adp 1997 1996 1995 1~)94 1~92 PERMIT/ZONING/PLAN CHECK FEES Through December $- $200.000 $400,000 $600.000 $800.000 $1.000.000 $1.200.000 I.Electrlca! Fees IBBIdlPIn/Znlng Overall, Community Development permits and fees total $1,030,484 which is $243,372 or 30.9% above the adopted budget estimate ($787,112). U City of Federal Way December 1998 Monthly Financial Report Compared with 1997 activities ($742,537), permit revenues and building fees have increased $287,947 or 38.8%. For the month of December, revenues collected were $6,944 or 10.6% above budgetary estimates ($65,300). This is Iow compared to recent months, due partially to a $28,000 reduction of revenues in the current month. The adjustment is actually deposits for the years 1992 through 1998 that should have been remitted to the fire department. Building permit fee collections through December total $475,917, which is $78,374 or 19.7% above the adopted budget estimate ($397,543). Electrical fees are also above budgetary expectations. Collections total $105,174, which is $6,924 or 7.0% above adopted budgetary estimates ($98,250). Zoning fees collected through December total $100,767, which is $7,724 or 7.1% below the adopted budget estimate ($108,491). Sign code citation fee and sign code permit collections, which through December total $11,510 are included with zoning fees. Plan check fees collected during the same period total $284,233, which is above the adopted budget estimate ($182,828) by $101,405 or 55.5%. Expedited Review revenues recognized for both Building and Planning total $55,787 through December. This is a new service provided by the City in 1998, which begins with a deposit from the customer for expedited services. · Environmental Review fees, which are also pass through monies, total $8,606 for the year. · Building permit related revenues have recovered 47.9% of Community Development-Building operating expenditures which total $2,151,818. City of Federal Way December 1998 Monthly Financial Report Public Works - ROW Permits, Plan Review Fees and Inspection Fees Table 9 includes revenues from ROW permits, plan review fees and inspection fees for the years 1993 through 1998. Year-to-date activity through December totals $252,453, which is $4,954 or 2.0% over budget estimates ($247,499). Compared to 1997 activity, revenues have increased $63,630 or 33.7%. Monthly Average I 9,914 14.8901 16,4351 15,735 20,625 21.038 4131 Table 10 presents a 'synopsis of building permit activity in December for new construction between 1993 and 1998. ll ilii Ii!l! III R®sldemiel 2436 $ 32.246,388 185 5 31.691,80~ 211 $ ~3,071,4871 97 $ 17.428,504 131 5 25,031,110 102 $ 20.063.496 Commemial 10 6,545.978 20 24,117,646 22 18,636.203 12 5.514,653 10 1,214.629 21 42.334.462 Muiti4'amily 2 522.564 3 215.451 3 11.793.140 10 12,749.858 I1 i 7.593.764 ..~ 4, 12.2,0~, 24,.~_- -I . -, Mo~Ie ~ 25 196,234 30 235.484L_23 214.915 11 69,039 16 118.390 19 137,3Q2 U City of Federal Way December 1998 Monthly Financial Report GENERAL FUND District Court Activity District Court filing fees for 1998 are $19.83 for each traffic infraction and $71.61 for all citations filed. In cases where bail or penalty is forfeited, the filing fee is reduced to $3.44. Graph 5 compare district court expenditures and number of cases filed through December between 1992 and 1998. Table 9 presents a monthly trend of municipal court revenues and expenditures between 1994 and 1998. Granh 5 $550.000 $500.000 $450.000 $400.000 $350.000 $300,000 $250.000 $200.000 $150.000 S100.000 SSO.OO0 S- CourtCostl vt Number of Filings Through December 1992 1993 1994 1995 1996 1997 1998 16,000 14.000 12.000 10.000 8,000 6,000 ; 4,000 2,000 [lCourt Costs · Number of Filings · Through the month of December, fines & forfeiture collections total $814,443 which is $152,219 or 23.0% above the monthly estimated revenue ($662,224). · Overall, Criminal Legal Service expenditures total $1,080,787 which is $77,657 or 6.7% above the annual estimated budget ($1,158,444). Because invoice processing for district court services is currently lagging one month, the table below and attached financials reflect an expenditure accrual for December district court services. Expenditures District Court 237.813 I 337,907 471,200 453,190 18,010 Witness Fees 9,244 18.543 10,337 8,206 Administrative Public Defense Interpreter/Screener Rev Over (Under) Exp 253,736 291,759t 11,443 12,488I 136,298 151,4551 195,896 214,544t 3,190 10,218 10,604t 186,859 226,089 202,659I 180,140 16,0671 20,260 358,827 286,010 23,864 327,837 30,990 256,562 32,862 (8,365) (72,531) (96.762) (119.950) (496,220)t (266,344 29,448 (8,998) 229,87-6 -37.7% City of Federal Way December 1998 Monthly Financial Report Public Safety - Jail Services Graph 6 compare jail service expenditures and number of bookings filed between 1992 and 1998. Booking costs are associated with registering a prisoner, while maintenance costs reflect expenditures for daily meals and shelter of prisoners. In addition, King County will assess a 10% fee for investigative work. The city was also contracting with Kent for some jail services during 1997, but does not anticipate the need to employ them in 1998. Graph 6 $1,200,000 $1,000,000 $800,000 $600,000 $400.000 $200,000 Jail Costs vs Bookings & Maintenance Through December 1992 1993 1994 t995 1996 1997 1998 I ~Expenditures --e---C ases 24,000 22,000 20,000 18.ooo ~ 16,000 ~ 14.000 i 12,000 ~ 10,000 ~ 8,000 ..~ 6.000 8 4.000 2,000 · Through December, jail service expenditures (including an accrued estimate for December) total $1,033,387. Table 11 presents public safety expenditures between 1994 and 1998. Overall, the 1998 police budget totals $12,074,349, which includes $995,712 for emergency dispatch and $857,700 for jail services. · Total Public Safety expenditures through December total $12,029,684 which is $44,665 or 0.4% below the annual estimate of $12,074,349. Police - KC Contract Administration )port Services $8,235,201 ] $ 8.088,384 $ 6,634.659 't 186.354 2.129.068 -I - 2,265,948 189,378 3,391,137 170,782 -I i $ 2,218,883 1,172,254 249.399 Investigations - I - t 1,471,013 1,559,984 1,801,076 Records / ' i ' / 43~.797 456,302 535,071 Field Operations - - 156,179 132,310 171,666 Patrol 3,932.760 4,093,992 4.589.525 Traffic 389,837 8,841,911 985,955 Subtotal Law Enforcemenl 8,235,201 8,274,738 I 8,763,727 t 629,048 I 560,716 I 680,658 416.430 493,147 10.220.937 10.056.768 995,712 857,700 830,430 Comm. &Dispatch Jail Services 937,529 1,033,387 162,169I 58.183 (175,687) City of Federal Way December 1998 Monthly Financial Report Recreation and Cultural Service Programs and Dumas Bay Centre Performance Table 12 summarizes recreation and cultural service and Dumas Bay Centre activity and their related recovery rates. Recreation and cultural services: Revenues total $473,618 or 103.7% of the revised budget ($456,514). Direct program expenditures total $642,306 or 96.4% of the revised budget ($666,039). Recreation fees have recovered 73.7% of direct program costs. Including administrative expenditures totaling $326,344, the overall recovery ratio is 48.9%. The 1998 budgeted recovery rate is 42.5%. Dumas Bay Centre: Operating revenues, total $348,096 or 108.9% of the adopted budget ($319,780). Operating expenditures total $415,869 or 103.6% (excluding one time costs) of the revised budget ($401,228). The Dumas Bay Centre has recovered 83.7% of all operating costs when unearned revenues are not considered. Knutzen Family Theatre: Operating revenues, since it's official opening in July total $17,933 or 83.0% of the adopted budget ($21,605). Operating expenditures through December total $77,108 or 96.9% of the adopted budget ($79,605). The overall actual recovery ratio is 74.2%, which is greater than the budgeted recovery ratio of 71.0%. ATHLETICS AND SPECIALIZED SERVICES Community Center 26,500 I 21,165 79.9%[ 87,247 57,191 i 65.6%t 30.4% 37.0%I Senior Services 54,549 53,033 97.2%[ 67,574 __63,312 ', 93.7%[ 80.7% 83.8%I Special Populations 9,715 15,062 155.0%I 47,667 52,460 I 110-1% 20.4% 28.7%I Youth Commission 500 0.0% 2,300 1,267 i 55.1% 21.7% nllaI Adult Athletics 135,500 146,266 107.9% 110,279 t 116,210 I 105.4% 122.9% 125.9 Youth Athletics 57,400 60,374 105.2% 80,424 69,070 ! 85.9% 71.4% 87.45~ Aquatics 2,500 1,489 59.5% 31,910 33,933 [ 106.3%! 7.8% 4.4% Administration - [ - n/a~ 216,905 148,100i 68.3%1 n/a n/a COMMUNITY AND CULTURAL SERVICES Arts & Special Events 30,600 36,329 [ 118.7% 47,107 I 67,848 [ 144.0%1 65.0% 53.5%1 Community Recreation 123,800 122,560/ 99.0% 159,031 152,072 ! 95.6% 77.8% 80.6% Red, White & Blue 15,450 17,341 112.2% 32,500 28,943 [ 89.1% 47.5% 59.9% ~~~''. ~-'~r ......... a-~[(:~ ~ n/a 190'824 ~i TOTAL RECREATION I $ 456,514[$ 473,618 I 103.7%1 $ 1,073,768 T $ 968,651 90.2%1 42.S%I 48.9% DUMAS BAY CENTRE Dumas Bay Centre ** 319,780I 348,096 108-9%l 401,228I 415,869! 103.6%1 79.7%I 83.7% 17,933 63.0%1 27.1%/ 23.3°~ Knutzen Family Theatre ** 21,605 I 79,605 I 77,108 i 96.9%i TOTAL DUMAS BAY CENTRE $ 341,385 I $ 366,029 I 107.2%1 $ 480,833 I $ 492,977 i 102.5%1 71.0%I 74.2=/, P3 n/al Arts Commission -I -I n/al 19,004 19,004 I 100.0%1 n/a -t 3,8531 n/at 97,885/ 78,554 j 80.3%t n/a/ 4.9% City of Federal Way December 1998 Monthly Financial Report Public Safety Cost Comparison - King County Contract The following chart and graph depicts a comparison of our Public Safety Department with contracting for services from 1990 to 1998. This comparison is based on net operating costs (after deducting revenues) and some assumptions as noted in the graph. 11.00 10.00 9,0(3 6.0C 7.0( 6.0( 4.0 Police Service Cost Analysis 1990 - 1998 1990 1991 1992 1993 1994 1995 1996 1997 Police Contract 5,115.407 6,485.651 6.326,511 7.639,959 8.224.500 8.088.384 Othe~ Police Semices 909 7.351 5.899 10.701 t8~.354 VaP~ Commutators -- - - TotelExpendltuma 5,115,407 6,486,560 6,~33,862 7,E45,~ 8,2.15,201&,274,72~ 245,781 272,395 251,666 238,715 162.241 142,785 149,967 44,50~ 178,918 6.364.608 5,806 1,831 - 2.327.540 8.339,380 9.2~6.609 10.058.769 180.758 981.572 995.712 937.529 ~,872,90S 9,326,75~ 10,2~1.,152 10,99~2~7 206.550 292.237 240.000 332.~ 131.623 128,467 103,324 138,483 213.960 5.~40 25,937 24.820 24,996 12,500 55,992 96,850 131,213 812.429 688,522 885,825 149,667 85,991 28,505 209 6,613 30,142 49,681 TotelReven~e~ 23~,715 162.241 142,785 395,769 5~3,009 ~,193 630.112 1,471,342 1,2~9,~46 1,.591.401 :1~ Cost ~ty.PoUce ======================================== ~324,315::::::::::::::::::::::::: 7~2~O~QgQ:.: :i:i:i: ii i-7~s$2.1 ~2 ::.: :: :i 7,~38,~45:i:i: :i: :: 1~42,723 :::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: King County Cof~41~t Estimate 5.115.407 6.486.5~0 6.333.862 7.~.~ 8~.~1 8,7~.018 9.~.1~ 10.~.~ 10.713.~ 10.713.~ ~ ~ ~ 245.781 ~3~ ~1.~ ~ ~ P~ 2~,715 1~41 142.785 149.~7 ~,~ 178.918 131.~ 128,~7 1~.~4 1~,~ ~ ~~ S~ ~5) ~.1~ ~,~ 213.~ 218~9 ~.~ ~.~ To~*lRe,~u~ 238,715 162.,241 142,785 3dJ~,769 583,009 ~15,8(J3 612,133 ~3a,~43 ~,028 693,715 City of Federal Way December 1998 Monthly Financial Report Public Works - Contracted Services Table 13 presents a year-to-date analysis of the Public Works and Surface Water Management (SVVM) contracts with King County, WSDOT and private vendors. Expenditure accruals have been made for December activity. Most on-going maintenance takes place during the spdng and summer months. Expedited Plan Review (1) Contracted Plan Review (1) Neighborhood Safety (1) $ 25,565 55,732 36,450 !$ 74,255 34,851 87.0% 95.6% Traffic/Transportation 41,000 45,023 109.8% Traffic Maintenance - KC 373,600 374,901 100.3% Street Maintenance - Private Contractors (2) 707,225 692,632 97.9~ Street Maintenance - WSDOT 85,036 84,737 99.6o,~ 63,367 45,100 60,000 Structure Maintenance (3) Solid Waste Litter Control Water Utility Billing - KC 50,891 44,413 65,933 80.3% 98.5% 109.9% State Highway Maintenance - WSDOT 42,5(X) 41,857 98.5~ Water Analysis (1) 20,000 1,597 Str. Sweeping, Catch Basin, Manhole & Pipes (1) 183,984 72.6% 8,286 (1) Private Contractors (2) Private Contracts for street maintenance ($470,292), supplies ($37,000), PAN vegetation mowing and tree maintenance ($93,200), Weyerhaeuser ($26,233), and Pavement Management System(S14,000). (3) Private contractors for sidewalk, ramps, curb and gutter maintenance ($83,696) and fences, guardrail, barriers and retaining wall maintenance ($6,671). CAPITAL PROJECTS UPDATE CIP - City Facilities accounts for the Public Safety and Downtown Revitalization capital projects funded with the 1997 GO Bonds. ClP - Parks accounts for the acquisition or construction of major park capital facilities except those facilities financed by proprietary funds. CIP - SVI~f accounts for major capital facilities associated with managing the existing storm water conveyance systems, regulating the clearing, grading and erosion cohtrol phases of new land development, constructing, maintaining and repairing elements of the City's drainage system, and controlling water quality within the system. ClP - Traffic accounts for improvements to existing traffic signals and new signalization. CIP - Streets accounts for improvements of roadways and arterials, including the construction of new street sections, the purchase of right-of-ways, the widening of roadways to provide additional vehicle lanes, and the installation of sidewalks and landscaping. Funding sources include transfers from the SWM Fund ($1,625,223), General Fund ($75,000) and Street CIP Fund ($86,662); interest earnings ($75,000); and beginning fund balance ($1,925,178). Table 14 represents year-to-date expenditures through June 1998. Life-to-date impact fees collected through December 1998 total $2,358,684, which includes interest earnings. Currently, a balance of $534,472 is reserved for Parks, Traffic, Street and SWM capital improvement projects. City of Federal Way December 1998 Monthly Financial Report PROJECT UPDATE City Facilities: 1) Downtown Revitalization: S. 320th Street Downtown Core and Frame Improvements: Working with Marriot and PSE to facilitate future underground utility work on S 320th Street. Parks: 1) Dumas Bay Civic Theatre: Project is completed, subcontractor's are working on the last remaining item of the punch list; 2) Dumas Bay Centre Parking Lot Addition: Project is completed; 3) Community and Neighborhood Parks projects are: Lake Killarney Open Space Park Development: SEPA/Environmental check list completed. Permits were issued on September 25, 1998. Golf Landscaping was awarded the bid. Notice to Proceed with construction issued on September 28, 1998. Golf Landscape commenced with construction on October 1, 1998. The construction time line is scheduled for 65 days; Lake Grove School Ball Field Renovation: Project completed; Heritage Woods Parle. Project completed; Mark Twain Ball Field Renovation: Project completed; 4) BPA Phase I1: Completed; 5) BPA Phase II1: Parametric Engineering firm has been working with Public Works and Parks staff on the design proposals. Staff will be presenting the design proposals to LUTC on October 19, 1998 and a staff recommendation to City Council on November 3, 1998; 6) Celebration Park: Development is 75% complete. Approximate date of completion is targeted for mid-December; 7) Parks, Recreation and Open Space Comprehensive Plan Update: The PARCS Commission has formed a sub- committee to begin working with staff to update and reformat the 1995 Parks, Recreation and Open Space Comprehensive Plan. The sub-committee is meeting monthly to discuss the format. The meetings are open to the public. Next meeting is scheduled for November 16, 1998, 6:00 pm held at Steel Lake Fire Station meeting room. SWM: 1) Culvert Upgrade and the SeaTac Mall Detention projects Phase I was completed in January, 1999; 2) ClP studies Phase II is underway, Council review is scheduled for Apdl, 1999; 3) Work for SeaTac Mall Phase II design has begun. 85% design completion to Council is anticipated for February 1999; 4) SW 340th Regional Storage Facility was completed in October, 1998; 5) Starlake Road/S 272nd Conveyance Improvement has begun design, 85% design completion to Council is anticipated for March, 1999; 6) SW356th Detention Facility design and acquisition is under way; 7) Annual Programs: Mirror Lake Hydraulic Analysis Study was completed, proposed improvement has been incorporated into the SWM facility plan which is currently under review. Crown Point Storm' Li;3e Replacement is under construction and scheduled for competion in early 1999. English Creek clean up is underway. Street/Traffic: 1) S. Star Lake Road and Military Road S. Signal Project. The project was awarded to Totem Electric the Iow bidder at the 9/15/98 Council Meeting. A pre-construction meeting was held on 10/26198 at 9:00 am. Due to weather and ordering equipment construction will not start until 1999. 2) SW 340th St and Hoyt Road SW signal project, Inca Engineers have completed 100% design plans which have been reviewed by Public Works. We have contacted property owners for the required easements. The project will not be bid until February, 1999. 3) SW 334th Street and 21st Ave SW signal the scope of work for the contract is complete Parametrix, property acquired on all parcels. 4) S 356th-SR 99 to 1st Ave project is under final design; working with Parks on the wetland mitigation; right of way acquisition for the PSE parcel is complete. 5) 23rd Ave S project (S 317th to S 324th) We have contracted with WSDOT to provide Right of Way acquisition services for this project and they have completed appraisals; offers are also going out to the effected property owners. Project going to TIB on 1/21/99 for approval to spend the scope. 6) S 312th St-SR 99 to 23rd Ave S project. The project was awarded to Gary Merlino Construction the Iow bidder at the 8/18/98 Council Meeting. Construction work began 9/8/98 and will continue through 8/31199. 7) SR-99 and S 320th Street Intersection Improvements Notice to proceed for the work to CH2M Hill has been issued and ISTEA and TIB funds obligated. 8) 8th Ave SW and SW Dash Point Road Traffic Signal design is complete and the appeal was denied regarding SEPA. Working with the WSDOT on concerns they have. 9) SR-99 Improvements from S 312th Street to S 324th Street. Completed contract for work, ISTEA funds obligated. 10) The S. 304th Street and Military Road Signal Project. The project was awarded 'to Scocollo Construction at the 9/15198 Council Meeting. The pre-construction conference was held 9/22/98, construction on utilities started shortly thereafter. The project will not be completed until 7/31/99. City of Federal Way December 1998 Monthly Financial Report CIP. 1997 GO Bonds 101 Public Safe~y 102 Dow~tow~ Revitalizatio~ 104 Oppo~u~ity Fund 2,601,6~9 228.505 CAP - PARCS 101 Open Space Projects 278,707 278.707 137,762 108 School Site Improvements 19.277 19.277 17,358 1 t2 Neigh~ Pm'ks 114 Celebration Pad< 115 Klaha~ee Lake CommunitylSef~Ce~ter 28,247 1,018 116 Sleel Lake Impgoveme~t$ ,10.0O0 29.073 117 Celelxatio~ Pa~k Co~inger~/ 119 8PA Trail Phase III 199.242 71.370 124 Skatebom'd Park 15.727 15.727 1.989 12.6% 126 Asphalt Oveday fo~ Paths & Trails CAP - SWM 111 Small Cap~sl 210 PenU't~ Lake 213 SeaTac Mall Deter~ien 87.692 87.692 15,398 7.~61,271 7.961.271 7.958.664 3.613.20~ 28.247 ~,000 2~,000 1.529,799 88.2"~ 67.3~ 0.0~ 82.7~ 215 340th St. Regiorml Storm Oe~entm 1.017.852 1.017.852 820.86~ 80.6% 220 336th Kitts Come*' 42.954 20.000 9.184 45.9% 230 Stadake RoadtS 272nd Cmweyence 70.136 70.136 622 240 S 356th Regiorml Stm'age 563,224 387,847 3.57,839 92.3~ 310 CAP Studies ClP - Traffic 24.565 10,031 ~ 55,770 279,719 15.770 538,266 209.787 469.159 782.547 3.128.488 466.313 179.337: 116.000 148.933 774.987 21.521 1.763.947 184.547 45.0~ 104 SR99 S~rm1288th to 304th 9.871 98.4~ 106 21 st Avenue ~ 6W 325th Signal 22.789 40.9% 108 Dash Point Rd. O 8~h Avemm SW 35.157 10~.1~ 109 Dash Point Rd O 21st Avenue SW 16.210 I02.8~< 113 S 336th ~ SR99 - Co~sL RHTL 139.758 93.2~ 10,031 55.770 32.511 15.770 150,000 469.159 737.043 3.128.488 173,968 116.000 148,933 774,967 21.521; 1.763.~t7 114 Military Rd & Star Lake Signal CAP - Streeto 30,370 102 S 356th/SR99 to 1st Ave. 81.360 17.3% 106 SWS 336lh ~ 21st to 27th Ave SW 733.981 99.6~ 109 317~ - 326th. 23~d Ave. S 112 S 348thfl-6to $R99 113 3121J~ StJSR99 - 23~d Ave. 115 Milita~ Rd. S./286~ to 304th Ave 61.6'~ 49.6% 122 S 320~h St. & SR99 32.221 18.5~ 123 21st Ave SW& S~V334~ SL Peal 23.900 119.5'~ 124 SW 312th SL & 14Ih Ave S~N Ped 99.581 85.8~ 125 SVV 340~h SL & Hoyt Rd 95.058 63.8~< 126 SR 99 Imp- S 312itt to S 324th Dumas Bay Centre Defm'red Maintenance 102 Civic Theatre 49.265 107 1.751.536 173.374 105 Pad<lng Lot 0.5% 99.3~ City of Federal Way OTHER STATISTICS Cash and Investments December 1998 Monthly Financial Report Total invested balance at the end of December is $36,502,186, which includes $14,499,464 in the State Investment Pool (SIP). The State Investment Pool securities consisted of Repurchase Agreements (5.60%), Reverse Repo Agreements (0%), U.S. Agency Securities (86.17%), U.S. Treasury Securities (4.16%), and Certificates of Deposit (.56%) and Commemial Paper (3.51%). · The average matudty of securities in the portfolio was 118 days. · December's average portfolio net earnings rate was 5.30%. Per policy, the basis used by the City to determine whether market yields are being achieved shall be the range between the average six-month U.S. Treasury Bill (4.53%) and the State Investment Pool (5.01%). Table 15 summarizes investment portfolio through December. Treasury ISlo~e 4/2/97 $ 1,003,000 $ 1,0Gl,641 4r30/99 [ 6.41% Treasury Note 2/20/97 $ 1,000,000 $ 965,469 2/15/99 ~ 5.78~4 Treasury No~e 7/29/98 $ 1,000,030 $ 1,003,750! 7/31/99 ] 5.4~4 Treas~ Note 5/29/98 $ 1,000,000 $ 1,007,656 .5/15/cJ9 ] 5.43~4 Treasu~ N(Xe 4/3(Y98 $ 1,000,030 $ 1,008,633 4/30/99 ] 5.60% Treas./Nc~e 8/14/97 $ 1,000,000 $ 1,000,859 8/15/99 / 5.95% Treasu~ N(Xe .5/'29/97 $ 1,030,000 $ 1,002,656 5/15/99 ! 623% CedJflcate of Deposit 12/7/98 $ 1,000,000 $ 1,000,000 12/6/99 ! 4.91~ Certificate of Deposit 8/14/98 $ 1,000,000 $ 1,000,000! 8/9/99 ~ 5.56~ C. edJ~e of Deposit 3/'2~cJ8 $ 1,000,000 $ 1,000,000 3/25/99 J 5.68~/, Certificate of Deposit 1/15/98 $ 1,000,000 $ 1,000,000 1115/99 ! 5.73% Bankecs ~ 12/7/98 $ 1,000,030 $ 976,778 6/1/99 J 4.93~,~ Bankers Acceplance 8/14/98 $ 1,000,000 $ 974,141 2r~J9 ! 5.60% Agency-FMVlA 2/11/98 $ 1,030,030 $ 999,180 2/9/99 ! 5.47~,~ Agency- FNMA 5/16/96 $ 1,000,000 $ 982,031 03/12/99 ! 5.55~4 Agency- FMVlA 16/1698 $ 1,003,030! $ 999,420 10/31/99 [ 4.6(P~ Agency-~ 10/16/98 $ 1,000,000 $ 1,012,100 10/31/99 [ 4.20% Agency- RslV~ 7/29/98 $ 1,000,000 $ 998,395 7/24/00 ~ 5.65% Agency- FMVIA 3r26/98 $ 1,000,000 $ 996,875 3r23/00 j 5.70% ~- FMVIA 11114/97 $ 1,000,000 $ 1,000,274 11117_/99 J 5.80~/~ Agency- Ft~A 9/24/97 $ 1,030,030 $ 1,002,381 9/17/99 ~ 5.89~4 ~ - FHLB 5r22/97 $ 1,050,003 $ 1,050,483 i 5t2~99 [ 6.27'/~ Aver-age ~ 195 / ^ver-' e to | 5.48% Average Yield - 6 mo. T-Bill J 4.53% State Investment Pool $ 14,499,464 I day / 5'01°/~ / Average Portfolio Mattxity &Y'~d 118 _1 5.30"/0 ATTACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through December (Period 13) 1994.1998 · Actuals 1998 Revised Budget Actuals Variance · Through Through . Favorable (Unfavorab.!?) .our~es/tJses t994 1996 1996 1997 Annual December. Dec.~mber ... Dollar.~ ($) .percent.l%) Beglnnlng Fund Balance $12,181,738 $11,403,627 $10,331,641 $10,396.188 $16,128,342 $16,128,342 $16,128,342 $ Operating Revenues Property Taxes 5,654,655 5,911,017 6,009,042 6,161,293 6,410,094 6,410,094 6,454,945 44,851 0.7% :Sales Tax 7,606,672 7,916,114 8,077,923 8,359,928 8,469,131 8,469,131 8,854,740 365,609 4.6% ~rirninal Justice Sales Tax 1,059,277 1,091,749 1,146,248 1,265,564 1,260,667 1,260,667 1,369,307 108,640 86o~ _easehold Excise Tax 8,442 14,638 5,187 4,765 14,853 14,853 5,297 (9,556) -64. State-Shared Revenues 5,715,406 5,479,254 4,931,445 4,622,378 4,469,217 4,469,217 4,982,908 513,691 11.5% Zeal Estate Excise Tax 1,214,973 1,095,040 1,479,868 1,821,614 1,100,000 1,100,000 2,357,326 1,257,326 1143% .Gambling Taxes 351,453 322,989 373,783 356,249 305,598 305,598 400,231 94,633 31.0% Jtility Taxes 810,179 3,837,484 4,227,186 4,227,186 4,553,650 326,464 7.7% :ines & Forfeitures 592,198 I 607,932 557,240 653,690 662,224 662,224 814,443 152,219 23.0% 3uilding Permits/Fees-CD 597,932 661,458 585,397 735,269 787,112 787,112 966,090 178,978 22.7% 3ass Through Fees-CD -: 64,394 64,394 rea ~OW Perrr,ts/Fees-PW 144,850 178,675 197,216 188,823 247,499 247,499 252,453 4,954 2.0% Pass Through Fees-PW 78,866 78,866 54,970 (23,896) -30.3% Licenses 114,102 84, 773 82,004 83,108 95, 481 95, 48 1 57,597 (37,884) -39.7 Franchise Fees 364,105 386,005 406,479 463,232 420,179 420,179; 462,647 42,468 10.1% Recreation Fees 463,711 419,492 431,761 448,973 456, 514 456, 514 477,471 20,957 4. Dumas Bay Centre 116,924 216,498 278,323 341,277 327,580 327,580 348,096 20,516 6.3% Kn utzen Family Theatre 21,605 21,605 17,933 (3, 672) - 17.0% Interest Earnings 662,884 803,344 628,859 50,987 815,816 815,816 1,017,438 201,622 24.7% Adrnin Fee-SVVM & Solid Waste 150,364 154,897 162,734 165,989 165,989 165,989 0.0% SWM Fees 2,998,606 2,982,684 2,968,547 2,912,571 2,943,429 2,943,429 3,051,806 198,377 3.7% Refuse Collection Fees 150,211 145,600 143,758 143,102 146,329 146,329 147,080 751 0.5% Police Services 1,036,264 236,153 236,153 rea Grants 70,594 119,996 287,016 4,765 523,528 523,528 1,309,619 786,091 150.2% Other 43,281 60,551 92,585 403,956 49,756 49,756 43,494 (6,262/ -12.6% Total operatlngRevenues 27,928,276 283648,193 29,647,767 34,068,006: 33,998,663 33,998i663~ 38,466,076 4,467,423 13.1% Operating Expenditures City Council 191,822 168,750 174,755 187,129 192,955 192,955 190,269 2,686 1.4% City Manager 383,639 433,251 497,352 527,825 532,812 532,812 545,869 (13,057) ~nagemant Services 1,208,210 1,318,799 1,404,702 1,414,919 1,902,363 1,902,363 1,598,835 305,528 16.1% .Nil Legal Services 364,731 417,969 478,996 548,083 505,578 505,578 509,443 (3,865) -0.8% Criminal Legal Services 600,563 680,463 654,002 773,640 1,158,444 1,158,444 1,080,787 77,657 6.7% Comm. Developement Services 3,325,302 3,556,259 2,624,183 2,469,003 2,975,704 2,975,704 2,787,525 188,179 6.3% Police Services 8,235,201 8,274,738 8,763,727 9,827,866 11,216,649 11,216,649 10,996,297 220,352 2.0% Jail Services 629,048 560,716 680,658 830,430 857,700 857,700 1,033,387 (175,687) -20.5% Parks & Recreation 2,888,980 3,084,522 3,010,592 2,634,718 2,879,973 2,879,973 2,733,035 146,938 5.1% Public Works 2,407,013 2,621,960 2,860,807 2,978,999 3,379,645 3,379,645 3,250,178 129,467 3.8% City Overlay Program 650,951 631,930 863,333 1,606,804 2,225,570 2,225,570 1,825,942 399,628 18.0% Snow & Ice Removal (1) 13,669 6,749 62,057 56,503 54,738 54,738 52,013 2,725 50% Solid Waste 172,336 216,330 284,175 496, 742 295,914 295, 914 289,575 6, 339 2.1 Surface Water Management 1,183,207 1,339,801 1,490,808 1,450,508 1,554,594 1,554,594 1,439,326 115,268 Debt Service 1,639,837 1,771,439 1,717,049 2,982,785 4,411,190 4,411,190 4,414,038 (2,848) -0.1% Dumas Bay Centre 190,600 308,457 353,163 415,891 401,228 i 401,226 415,869 (14,641) -3.6~.~ Kn utzen Family Theatre 121,605 121,605 77,108 44,497 36. Non-departmental /2) 18,427 42,973 25,033 2,121,670 2,121,670 1,228,713 892,957 42.1~,~ Tote! Operating Expenditu~es 24,101,636 2S~43E,106 2E~q46,392 .. 29,20!~846 36,788,332 36,788,332 34~466~208 i 2,322,17.4 8.3% Operating Revenues overl(under) , : ope.rating Expenditures . 3,826,740 3.~213,087 3,702,366 4,S66,161 (2,789,679) (2~789,679) 3,999,869 6?89,648 -243.4% Othe~ Financing Sources 7,522,103 6,092,920 6,092,920 5,217,686 (875,234) -14.4~ 3ther Financing Uses 8,753,915 6,424,934 5,577,297 8,590,572 9,364,467 9,364,467 7,110,660 2,253,807 24.1% Ending Fund Balance Solid Waste 111,484 188,505 213,050 296, 991 370,089 294, 316 rea rea Snow 8, Ice 191,274 103,239 73,358 100,000 103,530 rea rEa Arterial Street 1,563,848 971,893 362,1 O0 470,902 69, 831 477, 375 rea rea Utility Tax 1,019,898 2,120,030 rea rea SWM 2,016,324 1,702,890 1,077,666 1,566,522 663,579 2,276,459 rea rea Path & Trails 29,109 39,284 50,210 6,153 12,907 12,555 rEa rEa Strategic Reserve 2,150,560 2,104,645 2,050,477 2,022,389 2,000,000 2,025,496 rea n/a~ Debt Service 1,657,809 1,936,991 1,618,909 2,986,805 4,538,155 5,283,482 rea ret Du mas Bay Centre 562,661 157,897 115,131 63,742 10, 673 13,286 rea nit ~olice 1,031,439 1,082,207 583, 861 786, 441 rea rea 3 300,000 300,000 300,000 rea mterfund Loans 60,000 10,000 10,000 10,000 10,000 rea rea Unreserved (897,232) (143,038) 2,865,827 5,284,811 319,450 3,532,267 rEa rea Total Endln~lFund Balance $ 7,264,663 $ 8,191,780 $ 8,466~609 ] $14,183,880 $ 9,998,444 $ 9,067,116 $17,236,237 $ 8,168,121 90.1% Note 1: These expenditures occur primarily during the winter months Note 2: Includes contingency, unallocated P3 and vision premiums .~/~4/cj514:19 PM MEETING DATE: March 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT X RESOLUTION ORDINANCE , STAFF REPORT BUSINESS PROCLAMATION HEARING STUDY SESSION FYI O'rHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: (1) Draft Resolution, (2) Memo to Finance, Economic Development & Regional Affairs Committee from City Clerk Chris Green dated February 19, 1999, and (3) spreadsheet reflecting submittal requirements, selection criteria and responses from three newspapers. SUMMARY/BACKGROUND: Following City Council approval of Resolution No. 98-265 on February 3, 1998, naming the city's "interim" official newspaper, the period of time has now expired allowing Council reconsideration and appointment of the official newspaper pursuant to RCW 65.16.020. CITY COUNCIL COMMITTEE RECOMMENDATION: Approval of the draft resolution naming the Federal Way Mirror as the city's official newspaper. ........................................................ .................................................................................................................................... .................................................................. ........ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/I 4/96 RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATED TO THE DESIGNATION OF A/q OFFICIAL NEWSPAPER FOR THE CITY OF FEDERg~L WAY(Amends Resolution Nos. 89-7 and 98-265). WHEREAS, the City Council of the City of Federal Way is required by RCW 35A.21.230 to designate an official newspaper of general circulation for the purpose of publishing official public notices of the City, and WHEREAS, the City Council of the City of Federal Way designated The News Tribune as the City's "interim" official newspaper on February 3, 1998, pursuant to Resolution No. 98-265, until such time as the City is able to review proposals and make a selection of an official newspaper, and WHEREAS, the City of Federal Way has openly solicited and evaluated proposals from various newspapers for such designation, and WHEREAS, the Federal Way Mirror has the qualifications as prescribed at RCW 65.16.020, and best satisfies the evaluation criteria established by the City of Federal Way based on publication frequency, circulation, deadlines, service experience, price and community involvement. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Res. # , Page 1 Section 1. Pursuant to RCW 35A.21.230, the City Council of the City of Federal Way designates the Federal Way Mirror as the officiaI newspaper of the City of Federal Way. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 4. 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 FEDEP~AL WAY, WASHINGTON, this day of , 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC Res. # , Page 2 APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\RESO\NEWSPAPR. INT 2/02/98 Res. # , Page 3 CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: February 19, 1999 Finance, Economic Dev~op~nent~.and Regional Affairs Committee Chris Green, City Clerk ~ RFP - City's Official Newspapev Background: Following Council approval of Resolution No. 98-265 on February 3, 1998, naming the city's "interim" official newspaper, the period of time has now expired allowing Council reconsideration and appointment of the city's official newspaper pursuant to RCW 65.16.020. Attached is a copy of the request for proposal submitted to all newspapers eligible for the designation as the city's official newspaper; those being the Federal Way News, Federal Way Mirror, The News Tribune, Seattle PI and Seattle Times. Three papers responded prior to the deadline...the Federal Way News, Federal Way Mirror and The News Tribune. I have attached a spreadsheet reflecting the RFP requirements and the applicable responses from the three newspapers for committee review and recommendation. Criteria selection was given on numerical ratings from 1-3 per item (3 being highest rating) and then converted to the total percentage identified in the three individual areas...55% for combined, 40% for price and 5% for community involvement. Selection was provided by stafffrom three departmental areas... Stephen Clifton, Community Development Director, Derek Matheson, Assistant to the City Manager, and myself as City Clerk. ,Committee Recommendation: Motion to recommend the Federal Way Mirror as the city's official newspaper, with a directive to staff to prepare the appropriate resolution for approval by Council of Whole on March 2, 1999. APPROVAL BY COMMITTEE: Committee Chair Committee .Metal}er Committee Member I:LMEMO.FED 2/I 9/l 999 CITY OF FEDERAL WAY REQUEST FOR PROPOSAL - OFFICIAL CITY NEWSPAPER SUBMITTAL REQUIREMENTS Circulation/Frequency Total Paid Circulation - Zip Codes 98003/23 Total Unpaid Circulation - Zip Codes 98003/23 Publication Frequency/Days of Week Affidavit of Publication l Cost for ~of Affidavit ~ion Specifications & Costs FEDERAL WAY NEWS 247 20~460 once Per Week - Wednesday Type Size ]8 Pt. Header - 7 Pt. Body Characters per Line 24 to 28 Lines per Column Inch 19 Rate per Column Inch - Legal Notices 1511.00 Rate per Column Inch - Display Ads 1512.50 Discounted Rate for Consecutive Insertions 110% Additional Charge for Emergency Publication lNone Services and Deadlines Publication Deadlines - Legal Notices 5 PM Thurs/VVed Issue 5 PM Thurs/Wed Issue 12 PM FH/VVed Issue lYes lYes lYes - Attached Sample JYes - Attached Sample ~8 References- No Designation FEDERAL WAY MIRROR 1,010 04,555 22,752 Twice Per Week - Wednesdays & Saturdays Daily THE NEWS TRIBUNE 1513.85 1513.85 1513.35 INone 6Pt. 22 12 $14.76 l$9.11/Daily;$9.90/Sat & Sun [50% [None 3 PM Fri/Wed Issue; 3 PM Wed/Sat Issue ilO AM/Next Day Issue; 2 PM Fri/Sat -Sun Issue 3 PM Fri/VVed Issue; 3 PM Wed/Sat Issue ~3 Working Days Pdor to Issue 12 Noon MonANed Issue 12 Noon Thurs/Sat Issue INone JYes JYes JYes JYes lYes - Attached Sample ~Yes - Attached Sample lYes - Attached Sample lYes - Attached Sample J3 References - No Desiqnation |6 References - 3 Lecjal/3 Display Publication Deadlines - Display Ads Emergency Publication Deadlines FaxJe-mail Transmission Accepted Publication without Charge if Newspaper Error? Past Publication of Legal Notices (attach sample) Past Publication of Display Ads (attach sample) 3 References for Both Legal and Display Ads SELECTION CRITERIA Circulation in Federal Way* Ability to Meet City's Needs/Deadlines* Ability to Meet City's Needs/Service Experience* *Weight Given for Combined Criteria 55% Price - Weight Given 40% ~ommunity Involvement - Weiqht Given 5% Fotal$ 40.00%[ 30.00%[ 20.00%I 3.00%I 5,00%I 4.00%I 68.67% I 84.50% [ 77.17% ~ MEETING DATE: F 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Weyerhaeuser, South 344th Street Vacation Property Appraisal CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Ordinance SUMMARY/BACKGROUND: The Public Hearing for the South 344th Street Vacation was held at the December 1, 1998 City Council meeting. No public comments were received, and the City Council recommended proceeding with the vacation process, granting the petition subject to the City receiving compensation equal to fair market value for the property. City Ordinance 91-107 requires that the proposed property be appraised and full value paid to the City since public funds were used by the State in 1970 to purchase the property. The City's appraiser valued the land at $3.92 per square foot while Quadrant Corporation's appraiser determined a value of $3.50 per square foot. King County Assessor's office records show a value of less than $1.00 per square foot. Based on the two appraisals, the City and Quadrant Corporation have agreed on a price of $3.75 per square foot for the property, for a total of $32,812.50, which has been received. The Ordinance vacating the property is scheduled for the February 16, 1999 Council agenda, and staff will be present at the City Council meeting to answer questions and provide additional information as needed. ............................................................................................ CITY MANAGER RECOMMENDATION: t~/~'*'~'r ~c:t,~-~,~,~, ~'~&,-~%.>, ~t, ~-~r?.~ ~:,~ ~ ~ ~/~-."-,. ................................................................................................................................................................................ ...................... ...... APPROVED FOR INCLUSION IN COUNCIL PACKET: ( ' (BELOW TO BE COMPLEIED BY CITY (ZERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\344VAC.CC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF SOUTH 344TM STREET WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of South 344th Way, in the vicinity of Weyerhaeuser Way South and South 344th Street; WHEREAS, pursuant to Resolution 98-291, the Federal Way City Council held a public hearing at its regular meeting on December 1, 1998 to consider the petition for vacation as required by state law and Federal Way City Code Section 13-102; and WHEREAS, following the conclusion of the public hearing on December 1, 1998, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWCC Section 13-102, and decided to grant the vacation pending payment of compensation by the owners of the abutting property; and WHEREAS, the owners of the abutting property have paid the City the appraised fair market value of the right-of-way to be Vacated, in the amount of $32,812.50; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of the right-of-way of South 344th Way, in the vicinity of Weyerhaeuser Way South and South 344th Street in the City of Federal Way, as ORD # ~ PAGE 1 described in Exhibit "A" (legal description) and as depicted on Exhibit "A-1" (vicinity map) attached hereto, is hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with the law. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. .Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this , 1999. day of ORD # ~ PAGE 2 CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordinX344vacat ORD # , PAGE 3 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: PROCEDURES FOR AMENDMENTS TO THE COMPREHENSIVE PLAN CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) February 9, 1999 Memorandum to City Council; 2) Exhibit A -- Proposed New Code SUMMARY/BACKGROUND: The 1998 Planning Commission Work Program included a code amendment to set up a procedure for the yearly comprehensive plan amendment process. The Planning Commission held a public hearing on December 2, 1998 at which time, the Planning Commission by a majority vote of the entire membership, ·..~.c..~...m.....m.~..n..d...e..d...!..h.~..t...t..h..e....c.!.~..~...~..u...n.~.iL.a..d...~...p..t...t..h.~..~.~...d.e...~..m...~"..d...m....e.~!.t..~...~.t..~.u..p...p..F..~.~".r..e.~..t..~...~..m ....e.~..d..`t..h.~...c..?...m..p...~.~.h...e...n.~!..v..e....p..La.~.. .... CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee (LUTC) reviewed the Planning Commission's recommendation during public meetings on January 4, 1999 and February 1, 1999. At the February 1, 1999 meeting, the LUTC made a motion to forward the code amendment to the full council ....c.©. ~..~ r ~.r ? ..a..d..! .n...g....o...n...[ ..e. ~.r..u..a....,....~. 6. :..!...9..9...9....w.?.....m.!.n...o' r.r ~ ...w...o.r.d..! .n..g..:...w...h..!S .h....h...a.~..s..! ~. S ?...b...e..e...n...! n. S .o...?...o.r.a.~ .e...d.: .............................................. CITY MANAGER RECOMME~?ATION: Approval of Land Use/Transportatio..n ~Comgai[tee .....................................................~, .___ . _r~.,~.,~.;.~ ............................................ APPROVED FOR INCLUSION IN COUNCIL PACKET: { 'L/~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE At RESOLUTION # ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTER 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan ("Plan") which includes a land use element (including a land use map), a housing element, a capital facilities plan element, a utilities element and a transportation element (including transportation system map(s)); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing and amending its Comprehensive Plan; and WHEREAS, under RCW 36.70A. 130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the City considers Plan and development regulation amendmen'ts pursuant to Article IX, Chapter 22 of the Federal Way City Code ("FWCC"); and WHEREAS, the City wishes to clarify and amend procedures provided in the FWCC for amendments to its Plan and development regulations; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed and considered the testimony, written comments and material from the public concerning Plan and development regulation ORD # , PAGE I amendment procedures as follows: I. The City's Planning Commission considered the proposed Plan and development regulation amendment procedures, at a public hearing held on December 2, 1998, following which it approved and recommended adoption of certain Plan and development regulation amendment procedures; 2. The Land Use and Transportation Committee of the Federal Way City Council met on January 4, 1999 and February 1, 1999 to consider the recommendation of the Planning Commission and amendments thereto, and to take public comment. The Land Use and Transportation Committee then moved the Plan and development regulation amendment procedures, with amendments, to the full Council with a recommendation that the Council adopt them; and 3. The full City Council considered the matter at its meetings on February 16, 1999 and .; and WHEREAS, the City Council development regulation amendment procedures; desires to adopt the recommended Plan and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings: A. The proposed amendments to the Plan and development regulations amendment procedures as set forth in Exhibit A hereto, bear a substantial relationship to public health, safety, and welfare, are in the best interests of the residents of the City, and are consistent with the requirements of RCW 36.70A, and the applicable portions of the comprehensive plan. ORD # , PAGE 2 B. The proposed amendments to the Plan and development regulations amendment procedures, as set forth in Exhibit A shall provide for an orderly and predictable process to be followed in the annual comprehensive plan and development regulation amendment process. Section 2. Development Regulations Amendments Adoption. The development regulations of the City of Federal Way, specifically, Chapter 22 of the FWCC, are hereby amended as set forth in Exhibit A, a copy of which is on file with the Office of the City Clerk and which documents are hereby incorporated by this reference as if set forth in full. Section 3. Amendment Authority. The adoption of development regulation amendments in Sections 1 and 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC 22-537. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. Chapter 22 of the Federal Way City Code, shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. ORD # , PAGE 3 PASSED by the City Council of the , 1999. City of Federal Way this CITY OF FEDERAL WAY day of MAYOR, RONALD L. GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 1SA MNDPROC\ORDINNCE.2 ORD # , PAGE 4 CITY OF FEDERAL WAY MEMORANDUM February 9, 1999 TO: Mayor and City Council Members FROM: Margaret H. Clark, AICP, Senior Planner SUBJECT: Procedures for Amendment of Comprehensive Plan I. BACKGROUND The City of Federal Way presently does not have a formal adopted procedure for considering annual amendments to the comprehensive plan. Therefore, the City Council directed staff to prepare a code amendment to set up a process. The Planning Commission held a public hearing on the code amendment and their recommendation has been reviewed by the Land Use/ Transportation Committee (LUTC). The Planning Commission's recommendation as amended by the LUTC is attached as Exhibit.4. In general, the proposed annual comprehensive plan update process is based on procedures which were used in the most recent comprehensive plan update with some minor changes proposed to bring it into compliance with state law. Proposed changes to the Definitions Section -- Article I, Article IX-- Process VI. Review, and those portions of Article VIIL Process V Review, referenced in the proposed revisions to Process VI, are included. Proposed deletions are shown as atrikcout3 and proposed additions as underline. A summary of the proposed process, including the authority and requirements for updating comprehensive plans is attached as Exhibit B. Due to the volume of material, copies of all the background information have not been included in this packet. Two copies of the background information, which includes the planning staff report, the planning commission's recommendation, and materials generated as a result of review by the LUTC are located in the Council Conference Room.' II. REASON FOR COUNCIL ACTION The procedures for the annual amendments to the comprehensive plan are proposed to be included in FWCC, Article IX. Process VI Review. Pursuant to city code, any amendments to the comprehensive plan, comprehensive plan designations map, or zoning text must be approved by the City Council based on a recommendation from the Planning Commission. III. PLANNING COMMISSION RECOMMENDATION As shown in Section V-- Procedural Summary of this staff report, the Planning Commission ~Please contact Senior Planner Margaret Clark at (253) 661-4111 if you would like a copy of the background materials. conducted a public hearing on the procedures for amendment of the comprehensive plan on December 2, 1998. After conclusion of this hearing, pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed amendments in light of the decisional criteria outlined in Section VI of this report and by a majority vote of the entire membership, recommended that the city council adopt a code amendment to set up procedures to amend the comprehensive plan. IV. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC reviewed the planning commission's recommendation during public meetings on January 4, 1999 and February l, 1999. At the February l, 1999 meeting, the LUTC made a motion to forward the code amendment to the full council for first reading on February 16, 1999 with a request to reword Criterion 3 in Section 22-523 to make the wording more consistent with the other criteria and also to renumber the criteria in that section by placing Criteria 1, 5, 6, and 8 at the beginning because these act as a screen for the remaining criteria. These changes have been incorporated into the code amendment. V. PROCEDURAL SUMMARY December 2, 1998 Planning Commission Public Hearing January 4, 1999 LUTC Meeting February 1,1999 LUTC Meeting. The LUTC made a motion to forward the code amendment to the full council on February 16, 1999 for first reading. VI. DECISIONAL CRITERIA Sec. 22-523. Zoning Text Amendment Criteria The city may amend the text of Chapter 22- Zoning only if it finds that: (i) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed amendment complies with language in Chapter 1 -- Introduction of the Comprehensive Plan which states The City will update this Plan annually in order to keep this document current with the community's vision and the City Council's policy direction. In addition to updating chapters, such as Capita[ Facilities, the public will also be notified that a comprehensive plan amendment will be taking place. Individual requests will be considered during the annual update process. (2) The proposed amendment bears a substantial relation to public health, safety and welfare; The amendments to the zoning text is being proposed to provide for an orderly and predictable process to be followed in the annual update of the comprehensive plan. 2 and (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendment will result in increased public participation in the comprehensive planning process and provide predictability by notifying residents of the City on the timing of the comprehensive plan update process. VII. COUNCIL ACTION Pursuant to FWCC, Section 22-537(c), after consideration of the Planning Commission report and, at its discretion, holding its own public hearing, the City Council shall by majority vote of its total membership take the following action: 1. Approve the proposal by ordinance; 2. Modify and approve the proposal by ordinance; 3. Disapprove the proposal by resolution; or Refer the proposal back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report back to the City Council on the proposal. Exhibits Exhibit A Exhibit B Proposed Amendments to City Code (incorporates both Planning Commission and Land Use/Transportation Committee recommendations) Summary of Code Amendment Process Please note that two copies of all background materials are located within the Council Conference Room on the second floor of City Hall. I:~4. MNDPROC\PROCMEMO.LT3/February 10, 1999 ARTICLE IX. PROCESS VI REVIEW* *Cross reference(s)--Requirements for drainage review, § 21- 87; power and jurisdiction of the planning commission, § 22-59; amendments to the zoning regulations to be processed under the process vi procedure, § 22-216; amendments to the comprehensive plan to be processed through process VI review procedures, § 22- 236; comprehensive plan, § 22-236 et seq.; legislative rezoning, ~ 22-276 et seq.; amendments, § 22-216 et seq.; legislative rezoning of certain districts to be under process VI review, § 22-276. Sec. 22-516. Purpose. Various places in this chapter indicate that certain proposals, to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 90-43, § 2(160.05), 2-27-90; Ord. No. 91-112, § 1(160.05), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-517. Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council o__r council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 90-43, § 2(160.10) , 2-27-90; Ord. No. 91-112, § 1(160.10), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--City council, § 2-26 et seq.; planning commission, § 22-56 et seq. ,PAG 0 Sec. 22-518. Docket The Department of Community Development Services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (includinq development applicants, citizens, hearing examiners, and/or other agencies and staff). o~_ nn 5~° Sec 22-519 Compliance with State Envirornnental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 90-43, § 2(160.15), 2-27-90; Ord. No~ 91-112, § 1(160 15), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec 22-520 City council review A. Docketed Amendment Requests. The city council shall review all requests docketed with the department of community development services initiatcd pursuant ...... ~^-~"~ ~ .... concurrently, on an annual basis and consistent with RCW 36.70A.130(2) . As part of such annual review, the Council shall review all requests received prior to September 30 of the calendar year. Requests submitted after September 30 shall be considered during the following annual review In addition, for calendar year 1999 only, the city council shall review all requests received prior to April 30, and shall consider and act upon those amendments durinq 1999. B. Other Amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve 2 PAGE_ an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A.130(2) (a) . The city council may also review city-initiated changes to the text of this chapter, or to the city's zoning map, from time to time at the council's discretion. C. Additional Information. The city council may request, through the City Manaqer, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with section 22-531. (Ord. No. 90-43, § 2(160.20), 2-27-90; Ord. No. 91-112, § 1(160.20), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--City council, § 2-26. (Ord. No. 90-43, § 2(140.25), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) Sec. 22.521. Timing of Filing; Notice. Sixty days prior to September 30 in each calendar year, the City shall notify all persons who submitted docket forms after September 30 of the previous calendar year. In 1999 only, Sixty days prior to April 30, the City shall notify all persons whose comprehensive plan amendment requests were not considered during the 1998 amendment process. Notice shall also be given aS follows: Public Notice notifying the public that the amendment process has begun shall be published in the City's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent EXHIB '_ A PAGE_..&OF jurisdictions with an interest, and all persons, who in the judgement of the Director of Community Development Services may be directly affected by changes to the comprehensive plan shall be sent a copy of the notice. In determining who may be affected by comprehensive plan changes, the Director may rely on written correspondence indicating an interest and received after September 30 of the previous year. Sec. 22-522. Application. la) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete a docket form prepared by the City. An applicant seeking a site-specific plan or zoninq designation change shall also file the information specified in Section 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the City. Sec. 22-523. Criteria for prioritizing plan amendment requests. A... After September 30, but prior to adopting any docketed amendment requests, the City Council shall hold a public hearinq and select those docketed amendment requests it wishes to consider for adoption. In 1999 only, selection shall occur after April 30, but prior to adoption of docketed amendments. EXHIB;7 A PAG B. The City Council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments to be considered during the upcoming cycle: (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. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existinq state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the City as a whole versus a selected group C. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. D. Based on its review of requests according to the criteria in Paragraphs B and C above, the Council shall determine which requests shall be further considered for adoption, and EXHIBIT_ A PAGE__, _O shall forward those requests to the planning commission for its review and recommendation. E. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later Council action to add or delete an amendment for consideration. Sec. 22-524. Preapplications required. Ail applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site- specific requests) must apply for a pre-application conference with the City's Development Review Committee (CDRC) . ~.~-- ~.~ ~.=~= Sec. 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: a. It is initiated by the city; and It includes a large number of properties which would be similarly affected by the proposed rezone. Ail other rezones not meeting the above criteria are treated as quasijudicial rezones and are reviewed and decided upon using process v. (Ord. No. 90-43, § 2(130.10), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) rezone. Sec. 22-526 Criteria for approving a legislative The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and EXHIBIT. A PAG 0 F__7.A- (3) The proposal is in the best interest of the residents of the city. (Ord. No. 90-43, ~ 2(130.20), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) ~- ....... Sec. 22-527 Map change. If the city approves a legislative rezone it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 90-43, § 2(130.25), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) Sec 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 90-43, § 2(135.15), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) Sec. 22 524. Sec. 22-529. Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. A PA G 0 FZ¢__ The compatibility with and impact on adjacent land uses and surrounding neighborhoods. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. 5 The benefit to the neighborhood, city, and region. The quantity and location of land planned for the proposed land use type and density and the demand for such land. The current and projected population density in the area. The effect upon other aspects of the comprehensive plan. For site-specific comprehensive plan amendments, the provisions of Section 22-488(c) shall also apply. (Ord. No. 90-43, § 2(140.15), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) plan. 22 525. Sec. 22-530. Criteria for amending the comprehensive The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city. (3) The proposed amendment is consistent with the requirements of RCW 36.70A and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 90-43, § 2 (140.20) , 2-27-90; Ord. No. 97-291, 97) § 3, 4-1- EXHiB % PAGE__.[ 0 F.2,0___ may al ...... ~ ...... ~ ......... 97) Sec. ~ ~,.=~ Sec. 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 90-43, § 2(160.25), 2-27-90; Ord. No. 91-112, § 1(160.25), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec 22-532 Notice Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the zoning map, zoning text, and the comprehensive plan are prioritized, as well as the public hearing held on individual requests. (a) Contents. The director of community development services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: (i) The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. EXHIBIT_ PAG E__ _OF2,Q_ A statement of how the proposal would change the affected provision. A statement of what areas, zones, or locations will be directly affected or changed by the proposal. 4 The date, time, and place of the public hearing. A statement of the availability of the official file. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: following the procedures of Sec. 22-521. In addition the procedures of Section 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site. (1) (Ord. No. 90-43, § 2(160.30), 2-27-90; Ord. No. 91-112, § 1(160.30), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) ~.°-- .~ ~.=~a Sec. 22-533. Staff report. (a) General. The director of community development services shall prepare a staff report containing: An analysis of the proposal and a recommendation on the proposal; and (2) Any other information the director of community 10 EXHIB Y PAGE_LO_ ©F O development services determines is necessary for consideration of the proposal, consistent with section 22 524 22-529. (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 90-43, § 2(160.30), 2-27-90; Ord. No. 91-112, § 1(160.30), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) 530 Sec 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with section 22 531 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) Effect. Except as provided in subsection (a) above, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 90-43, § 2(160.40), 2-27-90; Ord. No. 91-112, § 1(160.40), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b) and (c) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proPOsal under this article. (b) Exclusion. Except as specified in subsection (c) of this 11 EXHIBIT A PAGE section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) Exception for environmental information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaininq to SEPA environmental review and submitted under section 22 51C 22-519 in deciding upon that proposal. (Ord. No. 90-43, § 2(160.45), 2-27-90; Ord. No. 91-112, § 1(160.45) , 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec. 22 532. Sec 22-536. Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 90-43, § 2(160.50), 2-27-90; Ord. No. 91-112, § 1(160.50), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) hearing. Sec. 22-537. Public comment and participation at the Any interested person may participate in the public hearing in either or both of the following ways: (i) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90-43, § 2(160.55), 2-27-90; Ord. No. 91-112, § 1(160.55), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) 12 EXHIBIT_j . PAGE j2._ OF' Sec. 22 534. Sec. 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 90-43, ~ 2(160.60), 2-27-90; Ord. No. 91-112, § 1(160.60), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-539 Planning commission--Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional CRC criteria in sections~ ~=~ 22-526 or ~ 528 or ~ 530, and take one of the following actions: If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a) (1) or (a) (2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. 13 EXHIB,T A PAG E_.I OF (Ord. No. 90-43, § 2 (160.65) , 2-27-90; Ord. No. 91-112, § 1(160.65), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Scc. 22 536. Sec. 22-540. Same--Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information,.and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c)Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 90-43, § 2(160.70), 2-27-90; Ord. No.. 91-112, § 1{160.70), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; 14 EXHIB T b, PAG 0 (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (Ord. No. 90-43, § 2(160.75), 2-27-90; Ord. No. 91-112, 1(160.75) , 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-542. Transmittal to State At least 60 days prior to final action being taken by the City Council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the Washington Department of Community, Trade and Economic Development (DCTED) and other interested affected local and state agencies, King County and surrounding jurisdictions, sh. all be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DCTED and others who submitted written comments on the draft comprehensive plan. Sec. 22-543 Appeals The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to RCW 36.70A. (Ord. No. 97-291, § 3, 4-1-97) Secs 22 =~n~ =~= 22-544-22- 545 Reserved I:kAMNDPROC~PROC6LTC.4/February 10, 1999 15 EXHIBIT__ __ PA E3_. .OF 2 ARTICLE I. IN GENERAL Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Day care facility shall mean the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication shall mean the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted. Development activity shall mean any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Development permit shall mean any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Docket (noun) shall mean the list of suggested changes to the comprehensive plan maintained by the Community Development. Services Department. Docket (verb) shall mean to record with the department suggested change to the comprehensive plan. EXHIB T _A ........................ PAGE_H.© ARTICLE VIII. PROCESS V REVIEW - QUASI-JUDICIAL REZONES* Sec. 22-478. Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1 A completed application, with supporting affidavits, on forms provided by the department of community development services; (2 Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (3 A copy of the county assessor's map identifying the properties specified in subsection (b) (2) of this section; 4) A vicinity map showing the subject property with enough information to locate the property within the larger area; 5) Any information or material that is specified in the provision of this chapter that describes the applied- for decision; 6) All information specified in section 22-32; and 7) Any additional information or material that the director of community development services determines EXHIBIT PAG is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of section 22-32 and this section relating to what constitutes a complete application. (Ord. No. 97-291, ~ 3, 4-1-97) Sec. 22-481. Notice. (a) Contents. The director of community development services shall prepare a notice of each application containing the following information: (1 The name of the applicant, the project name (if applicable), the date of application, and the date of the notice of application. (2 The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (3 The citation of the provision of this chapter describing the requested decision and to the extent known by the city, any other permits which are not included in the application. (4) A brief description of the requested decision, a list of the project permits included in the application, and, if applicable, a list of any studies requested under RCW 36.70A.440. (5 The date, time, and place of the public hearing. (6) A statement of the availability of the official file. (7) A statement of the right of any person to submit EXHIB 7 A PAG 0 F_2 _ written or oral comments to the hearing examiner regarding the application. 8) A statement that only persons who submit comments to the hearing examiner or specifically request a copy of the original decision may appeal the hearing examiner's decision. 9) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. 10) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: 1) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. 2) A copy will be published in the newspaper of general circulation in the city. 3) A copy will be posted on each of the official notification boards of the city. c) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (d) Timing. The public notification sign or signs must be in EXHIBIT_ _ PAG 0 place at least ten calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-488. Recommendation by the hearing examiner. (c) Decisional criteria. The hearing examiner shall use the following criteria for quasi judicial rezones: (1) The city may approve an application for a quasi- judicial nonproject rezone only if it finds that: a o The proposed rezone is in the best interest of the residents of the city; and b. The proposed rezone is appropriate because either: Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or ii. The rezone will correct a zone classification or zone boundary that was inappropriate when established. c. It is consistent with the comprehensive plan; d o It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; and It is consistent with the public health, safety, and welfare. EXHIBIT A PAS CITY OF FEDERAL WAY Procedures for Amendment of Comprehensive Plan February 9, 1999 Ae INTRODUCTION The City of Federal Way presently does not have a formal procedure for considering annual amendments to its adopted comprehensive plan. Therefore, the City Council directed staffto prepare a code amendment to set up a process. This report is organized in two parts. The first part lays out the authority under state law for the annual comprehensive plan amendment process and the second part summarizes the proposed amendment process for the City of Federal Way. In general, the process is based on procedures which were used in the most recent update with some minor changes proposed to bring the process into compliance with state law. BACKGROUND/AUTHORITY FOR PROCESS I. AUTHORITY RCW 36. 70A. 130(2)(a) has set up the following requirements for each county and city planning under the Growth Management Act (GMA) Proposed revisions or amendments to the comprehensive plan must be considered by the City Council no more than once per year except under the following circumstances: (i) The initial adoption of a subarea plan; (ii) The adoption or amendment of a shoreline master program; (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; (iv) In the case of an emergency; (v) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. As part of the yearly update, all proposals shall be considered by the governing body concurrently so that the cumulative effect of the various proposals may be ascertained EXHIBIT_- PAGE_/_ 0 Il. III. DOCKETING PROCESS RCW 36. 70,4.470. Project Review -- Amendment Suggestion Procedure -- Definitions. gives authority for the docketing process. Docketing means compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that will ensure such suggested changes will be considered by the county or city and will be available for review by the public. This code section states that if during project review, a county or city planning under the GMA identifies deficiencies in plans or regulations, the identified deficiencies shall be docketed for possible future plan or development regulations. Therefore, each county or city planning under the GMA is required to include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulations. The suggested amendments shall be docketed and considered on at least an annual basis consistent with the provisions of RCW 36. 70,4.130.~ Deficiency in a comprehensive plan or development regulations refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. PUBLIC PARTICIPATION REQUIREMENTS RCW 36. 70,4.130(2)(a) requires each county and city planning under the Growth Management Act (GMA) to establish and publicize a public participation program identifying procedures on the process to amend or revise the adopted comprehensive plan. RCW 36. 70,4.140 Comprehensive Plans --Ensure Public Participation, requires each county or city planning under GMA to establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The adopted procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. RCW 36. 70,4.035 Public Participation -- Notice Provisions, requires reasonable notice of ~RCW 36. 70,4.130(2) states that the comprehensive plan shall be updated no more than once per year except under certain circumstances. However, RCW 36. 70A.470 requires the comprehensive plan to be updated on at least a yearly basis to address requests or concerns that are docketed. The latter would pertain to such changes as requests for comprehensive plan redesignations from applicants or other changes to the comprehensive plan originating from outside of the City. 2 EXHIBIT_. PAG 0 any proposed revisions or amendments to the comprehensive plan be given to property owners and other affected and interested individuals, tribes, government agencies, businesses, and organizations. Examples of reasonable notice include: I. Posting the property for site-specific proposals; Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located or that ~viil be affected by the proposal; o Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas. If the City Council chooses to consider a change to an amendment to a comprehensive plan after the opportunity for review and comment has passed under the City's procedures, an opportunity for review and comment on the proposed change shall be provided before the City Council votes on the proposed change. An additional opportunity for public review and comment is not required if: An environmental impact statement (ELS) has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the EIS; The proposed change is within the scope of the alternatives available for public comment; The proposed change only corrects typographical errors, corrects cross- references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; The proposed change is to a resolution or ordinance making a capital budget decision pursuant to the adopted comprehensive plan. The proposed change is to a resolution or ordinance enacting a moratorium or interim control. EXII-IIB T ....... PAG SUMMARY OF PROPOSED AMENDMENT PROCESS I. GENERAL The Procedures for Amendment of the Comprehensive Plan shall be added to Article IX. Process VI Review. Proposed amendments to the comprehensive plan shall be accompanied by any development regulations or amendments to development regulations necessary to implement the proposed amendments. II. PUBLIC PARTICIPATION REQUIREMENTS Pursuant to RCW 36. 70A. 035. Public Participation -- Notice Provisions, the City shall create and maintain a list of parties, agencies, organizations, and adjacent jurisdictions with an interest or who may be affected by changes to the comprehensive plan. III. DOCKET FORM Pursuant to RCW 36. 70,,I. 470. Project Review -- Amendment Suggestion Procedure -- Definitions, the City shall prepare a docket form to be used for any interested person, including applicants, citizens, planning commission, city staff and staff of other agencies to submit proposed changes to the comprehensive plan. Docket forms may be submitted at any time of the year; however, those forms requesting changes to the comprehensive plan and submitted after September 30 of each year will not be considered until the following year (see below).2 Docket forms shall specify application requirements. IV. DEADLINE FOR SUBMITTING REQUESTS FOR AMENDMENTS TO THE COMPREHENSIVE PLAN The deadline for submitting requests for amendments to the comprehensive plan shall be September 30th of every calendar year.2 V. HOW TO PROPOSE AN AMENDMENT Sixty days prior to September 30, the City shall notify all parties who submitted docket forms since the last amendment cycle.2 Notice shall also be given as follows: Public Notice notifying the public that the amendment process has begun shall be published in the City's official newspaper. 2. Notice shall be posted on the official city public notice boards. 2For calendar year 1999 only, there will also be an update with an April 30th deadline for comprehensive plan amendment requests. EXHIBIT ..... ....... PAGE VI. VII. 3. A copy of the notice shall be mailed to other local newspapers. All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgement of the Director of Community Development Services may be directly affected by changes to the comprehensive plan shall be sent a copy of the notice. In determining who may be affected by comprehensive plan changes, the Director may rely on written correspondence indicating an interest and received after September 30 of the previous year.3 SITE SPECIFIC REQUESTS Site-specific requests for amendment of comprehensive plan designations or for preannexation comprehensive plan designation and zoning must meet the application requirements of FWCC, Section 22-478.4 SELECTION PROCEDURE After the deadline for accepting requests, the City shall prepare a summary of all requests to be presented to the City Council for determination of which requests should be considered during the upcoming amendment process. The City Council shall, in a public hearing, consider the following criteria 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. Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. o Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. 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. 3In the case of the April 30, 1999 update, the City will rely on correspondence or other contact received since the 1998 comprehensive plan update or other requests received too late to be considered during that update. 4Applications for pre-annexation comprehensive plan designation and zoning will only be accepted if the City has accepted a 10 percent petition on the annexation request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: 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 work loads, staffing levels, etc. Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. 4. Order of requests received. Based on its review of requests according to the above criteria, the Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. VIII. REVIEW OF PROPOSED AMENDMENTS After a decision is made on the comprehensive plan amendments to be considered in the upcoming cycle, the City shall notify all applicants as to the status of their request for consideration. Pre-application Conference -- All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site- specific requests) must apply for a pre-application conference with the City's Development Review Committee (CDRC). Pre-applications cost $300, which is a non-refundable fee, but which will be credited to the formal comprehensive plan amendment fee of $564 plus $56 per acre. There is no fee for pre- annexation comprehensive plan designation and zoning. At the pre-application conference, the City will discuss the proposed amendment's consistency with applicable city policies and comprehensive plan goals and policies. After the pre-application conference is completed, if the applicant decides to pursue the comprehensive plan amendment, the remaining portion of the comprehensive plan amendment fee must be paid. State Environmental Policy Act (SEPA Revieu9 -- The City will prepare a SEPA determination. Public Hearing by Planning Commission -- After the SEPA process has been completed, a staff report, summarizing the proposed changes to the comprehensive plan will be forwarded to the planning commission for a public 6 EXHIB T_ ___ PAG IX. hearing. The Planning Commission public hearing shall be noticed pursuant to FWCC, Section 22-528. Notice (as amended under C.V above to meet the public participation requirements of RCW 36. 70A. 035). In addition, the sites will be posted for the site-specific requests and property owners within 300 feet shall be notified. For site specific requests, the decisional criteria in FWCC, Section 22- 488(c) shall apply. Review and Recommendation by the LUTC -- After the close of the Planning Commission public hearing, the Planning Commission's recommendation and findings shall be forwarded to the LUTC for their review and recommendation to the City Council. Action by City Council -- After the LUTC has completed their review, their recommendation will be forwarded to the full Council for their consideration at a public meeting. Transmittal to the State -- At least 60 days prior to final action being taken by the City Council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the Washington State Department of Community, Trade and Economic Development (DCTED) and other interested affected local and state agencies, King County and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DCTED and those agencies who provided written comments on the draft comprehensive plan for an additional 60 day comment period. NEW DEFINITIONS "Docket" (noun) means the list of suggested changes to the comprehensive plan maintained by the Community Development Services Department. "Docket" (verb) means to record with the department a suggested change to the comprehensive plan. 15AMNDPROCXAMNDPROC.CC/February 10, 1999 7 EXHIBIT MEETING DATE: March 2, 1999 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum to the February 22, 1999 meeting of the Finance and Economic ........................................................ .............................................................................................................................................. . SUMMARY/BACKGROUND: Included in the 1999/2000 adopted Street Maintenance Program are two pieces of equipment to be financed through a lease/purchase program. One is a 10 cubic yard dump truck estimated to cost $115,000; the other is a side-boom bower estimated at $80,000. The dump truck was recently bid and below are the bids received on February 10, 1999: Man uf acturer Bid Delivery Mack $116,154.10 230 days Sterling $120,670.89 180-270 days The Request for Bid for the dump truck also asked the proposer to provide monthly payment quotes for a six- year lease/purchase option. The low bid on the Mack truck also has a lower monthly payment amount of $1,937.01 for seventy-two (72) months, for an implied interest at approximately 6.25%. The State, in conjunction with AWC and Washington Finance Officers Association, designed a pass-through financing program, using Certificate of Participation (COP), for equipment financing. The program issues debt at the State's Aa3 Moody's rating, and shares the issue costs among all borrowing agencies and therefore, has the advantage of economy of scale. The result is a very attractive rate (4.16%) for a recent five-year issue in February) and a simplified process. Comparing the low bid for the dump truck and the State program based on the February issue, the State program will likely lower the monthly payment by approximately $95.00 for a savings of $6,800.00 over the six year term. To participate in this program, the City Council would be required to authorize financing ....a...n.d...r..e..!..m..~..u..r..s..e...m...e...n..t... fr..~...m....t.h.e.....C....~...P...p.r..~...c..e..~..~h~ug~..E.e~p!~.[!p~).~ ............................................................... ................................. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 22, 1999 meeting, the Finance ~nd Economic Development Committee approved and forwarded the following staff recommendation to the lvlarch 2, 1999 City Council meeting: 1. Accept the Mack truck bid in the amount of $116,154.10 and authorizing staff to work with the State to lease-finance the truck and side-boom mower. CITY MANAGER RECOMMENDATION: i~'~z~c ~ '" ,t// ~' .', ......................................................................................................................................................................... ............................. .................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\dumptrk.wpd COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: February 18, 1999 Finance, Economic Development and Regional Affairs Committee Ken Miller, Streets System Manager Dump Truck Bid Award Background: As a part of the 1999/2000 adopted Street Maintenance Program are two pieces of equipment to be financed through a lease/purchase program. One is a I O-cubic yard dump truck, for an estimated cost of $I 15,000; the other is a side-boom mower, for an estimated cost of $80,000. The City recently went out for bid on the dump truck and is currently evaluating purchasing options for the side boom mower. Two bids were received for the 10-cubic yard dump truck on February 10, 1999: Manufacturer Cost Delivery Mack $116,154.10 230 days Sterling $120,670.89 180-270 days Financing Option: Vendor Financed Program: The Request for Bid for the dump truck also asked the proposer to provide monthly payment quotes for a six-year lease/purchase option. The Iow bid'from Mack truck also has a lower monthly payment amount of $1,937.01, for seventy-two months, for an implied interest at approximately 6.25%. State Local Option Capital Asset Lending (LOCAL) Program: The State, in conjunction with AWC and Washington Finance Officers Association, designed a pass-through financing program, using Certificate of Participation (COP), for equipment financing started in September 1998. The program issues debt at the State's Aa3 Moody's rating, and shares the issue costs among all borrowing agencies and, therefore, has the advantage of economy of scale. The result is a very attractive rate (4.16% for a recent five-year issue in February) and a simplified process. So far, there were three COP issued under this program with each issue ranging from $3 million to $7 million providing financing for over 26 cities and other municipalities. Comparing the Iow bid for the dump truck and the State program based on the State's February issue, the State program will likely lower the monthly payment by approximately $95 for a saving of $6,800 over the six-year term. To participate in this program, the City Council will need to authorize the financing and reimbursement from the COP proceeds through resolution(s). Committee Recommendation: Forward to the March 2, 1999 Council the Committee's recommendation to accept the Mack truck bid in the amount of $116,154.10 and to authorize staff to work with the State to lease-finance the truck and the side-boom mower. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AIRPORT COMMUNITIES COALITION ("ACC") INTERLOCAL CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Draft Interlocal Agreement, Airport Communities Coalition (1999) SUMMARY/BACKGROUND: Attached is the ACC Interlocal for calendar year 1999, implementing the City Council's previous budget action to allocate $30,000 to the ACC for the calendar year 1999. (See Section VII(A) and Attachment A of Interlocal. Councilmember Linda Kochmar, ACC Executive representative and the City Attorney both recommend entering into the attached Interlocal. CITY COUNCIL COMMITTEE RECOMMENDATION: Implementing entire City Council's budget action and thus, no Committee recommendation. CITY MANAGER RECOMMENDATION: Direct City Man~er to ~nter iatq Interlocal Agreement with ACC to implement prior budget decision ' '~, D/~., '~ APPROVED FOR INCLUSION IN COUNCIL PACKET: ( ~ .~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\ACC.99 2-24-99 02/22/99 MON 16:44 FAI 206 870 6540 CITY O; DES M0I'-' 206 8?0 ~=-~4~ ~002 DRAFT INTERLOOAL AGREEMENT, AIRPORT COMMUNITIES COALITION In accordance with the Inteflocal Cooperation Act (Revised Code of Washington, Chapter 39.34) the City of Normandy Park, the City of Des Moines, the City of Burien, the City of Federal Way. and the City of Tukwila (hereafter the "Parties"). each of which is a Washington Municipal Corporation hereby enter into the Agreement set forth. 1, The presence and operations of See-Tac Airport affect fundamental economic, social, physical and environmental characteristics of each Party. 2. The Parties believe that the presence of Sea-Tac Airport and other regional transportation faoilitJes such as Interstates 5 and 405 and State Routes 509 and 518 and eventually a regional transportation rail line can have either negative or positive effects on the members depending on the manner in which adverse impacts are addressed, 3. The Parties hereto have expressed their opposition to the development of a third runway, and other system improvements leading to increased air traffic at Seattle-Tacoma International Airport and Boeing Field. 4. The Parties further believe that regional public transportation needs must be resolved on a regional basis and that only equitable solutions to those needs should be adopted. Equitable solutions are those which recognize that the impacts and the benefits of transportation projects are often not realized in the same community, therefore necessitating an attempt to equalize that disparity among affected communities._ 5. The Parties believe that a collective effort, including the pooling of resources and the execution of this Agreement to express and administer policy matters, is the most effective and expeditious method of achieving the goals stated herein. Final Dra~ 02'22/99 02/22/99 M0N 16:44 FAX 209 870 654._.___0. CITY OF DES MOI'~ 2~3 S70 6540 9003 lnterlocalAgreeme~,AirportCommun~esCoal~on Page 2 The Parties agree to promote the following goals: A. To oppose the construction of any additional runways at Seattle-Tacoma International Airport. B. To achieve proper noise mitigation of schools with associated air quality and temperature controls._ C. To limit or reduce the number of flight operations in King County, at both Seattle-Tacoma International Airport and at Boeing Field, to a speoific level and to eliminate night flights from 10:30 p.m. to 7:00 a.m. D. To limit expansion of airport facilities in King County, at both Seattle-Tacoma International Airport and at Boeing Field, in order to prevent a significant increase in the number of flight operations which is likely to have substantial, adverse environmental impacts. E. To seek revisions to the Four Post Plan which accommodate community concerns' about overflights, including those which produce noise in areas outside the 65 dB DNL contour. F. To develop and promote equitable solutions to regional transportation needs on a regional basis; working to develop mutually beneficial partnerships and agreements that promote economic development and protect the environment. G. To improve abatement and mitigation of airport impacts on the Highline School District and member cities to this agreement. H. To ensure that all past impacts from operations at Sea-Tac Airport and Boeing Field are fully mitigated. To support fair distribution among ACC members of public dollars for the mitigation of impacts from operations of Sea-Tac Airport and Boeing Field. I. To participate in efforts to plan effectively, site appropriately and fully mitigate any regional surface transportation projects including RTA and extensions or improvements to State Routes 509 and 518, and I-5 and 1-405. Final Draft 02/22/99 02/22/99 M0N 16:45 FAX 206 870 6540 CITY OF DES M0I`F- aO6 870 6540 ~004 Interlocal Agreement, Airport Communities Coalition Page 3 J. To create an economic, political and social climate in which the parties can realize meaningful benefits from being neighbors of Sea-Tac Airport and Boeing Field and other regional surface transportation facilities which are consistent with the community objectives of these parties. K. Such other and further related goals as may be determined by the Executive Committee. NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS: I. DEFINITIONS,.AND USAGES A, Each of the parties hereto shall be referred tO as "Normandy Park", "Des Moines", "Burien", '"l'ukwila", "Federal Way", or such other public agency as may be admitted. B. "Airport Communities Coalition" hereinafter referred to as "ACC" is the entity created by this Intedocai Agreement. C. "Executive Committee" means the assembly of representatives from the parties hereto, comprised of one representative from each party hereto, the function of which is to administer the policy and purposes of this Agreement. D, "Chair" means the presiding member of the Executive Committee, who shall be elected by the other representatives of the executive committee. E. ~Vice chair" means the member of the Executive Committee who shall be elected by the other representatives of the executive committee to preside in the absence of the chair. F. "Treasurer'' means the member of the Executive Committee who shall be elected by the other representatives of the executive committee responsible for reviewing and keeping the executive committee informed about the financial activities of the ACC and report to the Executive Committee on the yearly audit. Final Draft 02/22/99 02/22/99 M0N 16:45 FA,~ 206 870 6540 CITY 9F DES M01`F- 206 870 6540 ~005 Interlocal Agreement, Airport Communities Coalition Page 4 G. "Participate" or "participation" means the right of a party to vote on any matter submitted to the Executive Committee for a vote, upon payment of the minimum financial contribution specified hereunder. H. "Public agency" means'the ACC member cities and school district(s) impacted by the operation of the Sea-Tac Airport (see Eligibility Section). I. "Operating expenses" means financial obligations, enforceable in law or equity, which have been incurred by the Executive Committee. II. UNDERSTANDING AND PURPOSES A. The Parties understand and agree to promote the goals set forth in the Recital 4 above and such other goals and policies as are determined by the Executive Committee. B. The Parties agree and understand that they will rely on the Executive Committee's faithful and responsible representation of the parties' collective and individual interests in making decisions under this Agreement that mutually benefit the parties. Gm In furtherance of this Agreement the parties will: 1. Establish and maintain clear lines of communication through their representatives on the Executive Committee. 2. Coordinate participation in continued planning and environmental review processes concerning air transportation and environmental matters arising therefrom, both as to existing facilities, surface transportation projects or planned alternatives. 3. Prepare for and undertake litigation or other actions that may be required in order to further the parties' common objectives. 4, Conduct meetings of the Executive Committee in order to carry out necessary and proper functions of ACC as set forth herein. Final Draft 02./22/99 02/22/99 ~(0~T 16:45 FA~ 206 870 6S40 Cl"~Z OF. ])ES ~(0l'"" ~l~ 870 6540 ~]006 Interlocal Agreement, Airport Communities Coalition Page 5 5. Establish and fund a budget, with amendments thereto as necessary, in order, to carry on the activities' of ACC. This ,.~perafing fund shall be known as the Operating Fund of ACC Executive Committee Join~( Board." 6. The Executive Committee ~shall not acquire any real property. Personal property shall be acquired as necessary to carry out the purposes of this Agreement. III. 'DURATION AND CONDITIONS OF ~ ITHDRAWA.L This Agreement may be reviewed annually but shall remain in full force and effect from January 1, 1999 unless terminated or modified by separate agreement, pursuant to Section X.A., so long as at least two Parties =ontinue the operation of this Agreement. Any party may withdraw from this Agreement pdor to its expiration by delivering written notice to the Executive Committee. F,)ilowing such notification the withdrawing party shall remain liable for the full amount of its obligation to the ACC Operating Fund, as set forth in Section VILLA. To assure compliance with each party's affirmative obligations set forth in section VIII.A, and to protect the confidentiality of the ACC's legal affairs, notice of a party's intent to withdraw from the ACC shall serve t~ immediately terminate the withdrawing party's right to participate in Executive Cc~mmittee business, including votes. Further, a notice of withdrawal shall serve to elir~inate the withdrawing party's the AC~f or right to attend any executive session held by any of its committees or subdivisions, specifically including the Executive Committe~e. / Upon a party's notice of withdrawal, such party shall not be entitled to a refund of any payment previously made to the Operating Fund unless all parties remaining to the Agreement unanimously determine to term;hate th.'ls Agreement. Upon such termin?on, the remaining assets of ACC, if any, will be,' divided in proportion to the Parties respective contributions to the Operating Fund to the date of termination, as set forth under Section VII below. Final Draft 02/22/99 02/22/99 MON 16:46 FAX 206 870 6540- CITYOF. DES MOI'-~ 206 8?0 6540 ~007 Intedocal Agreement, Airport Communities Coalition Page 6 IV. ELIGIBILITY Eligibility to participate in this Interiocal Agreel ~ent shall be limited to any "public agency" as defined in the definition section of the II.A who demonstrates support for ACC's goals as outlined in the Recitals Section of the LA, A public agency seeking to participate in this Agreement may be allowed to cl ~ so, upon approval of the Executive Committee, pursuant to the existing terms hereof and upon payment of an agreed amount by the member parties. / The Executive Committee by unammous' vote of ~all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matte~ and specifically to vote on matters submitted to the Executive Committee. / The Executive Committee by unanimous vote of~ll member parties may allow admission by a public agency on terms other than thos[e set forth herein, including entitling said public agency to participate in ACC matte~ but not entitling said public agency to vote on matters submitted to the Executive Cc~mmittee. Any public agency so admitted shall be deemed an ex officio party hereto. / Admission of a public agency under the terms described in this section may be accomplished through separate agreement signed by ~all members and the agency being admitted. V. CREATION OF AIRPORT COMMUNITIES COALIT~ION (,,~¢C~ - EXECUTIVE COMMITTEE There is hereby created the AirPort Communlties Coalition (ACC), This organization shall be a voluntary association' of the parties hereto. The association shall be governed by the Executive Committee. The E: comprised of one voting member from each Party who s such party. The voting member of each party shall be du legislative body of each party thereof. Each party shall [ecufive Committee shall be lall be an elective official of ly selected annually by the similarly select an alternate voting member of the Executive Committee who shall serv~ in the absence of the voting member. Such alternate may be either an elected or appointed official of the party. Final Draft 02./22_/99 02/22/99 ~0N 16:46 FA.Z 206 870 6540 CITY O~ DES ~0I'~' ~ S70 65,4~ ~008 Interlocal Agreement, Airport Communities Coalition Page 7 The Executive Committee shall approve by unpnimous vote of all member parties decisions that affect policy issues and/or the financial status of the ACC. Major policy decisions are defined as, but not limited to: 1) ~ ' adopting or revising major policy items as defined in the Recitals Section of the I1.~.,, 2) taccepting or rejectin.,g legal, financial or negotiated settlements, and 3) accepting r~ew member applications or rejecting existing members. The Executive Committee sl'iall approve by majority vote: 1) to adopt and administer a budget, 2) to begin or conlclude litigation, 2) to hire or conclude consulting contracts, and 3) all other activities surrounding the daily operations of the ACC. The funds of ACC shall be su,bject to audit in the manner provided by the law for the auditing of public funds. / / When there are an even number of voting members wl~ich results in a tie vote, the issue shall be remanded back to a smaller committee of tt/e Executive Committee in an attempt to resolve the issue. -This smaller Committee v~ill consist of one Executive Committee member each who voted for and 'against the contested measure and the ACC Executive Director or another ACC staff ~ person. This committee will be required to report back to the Exeoutive Committee within two resolution. If the alternative resolution results in an evenly an additional fie-breaking vote to resolve the issue an operations of the ACC. weeks with an altemative split vote. the Chair will have d to support the continued Regular meetings of the Executive Committee sh all be held as determined by the Executive Committee. The Executive COmmittee sh~ll elect annually by majority vote a "chair" to conduct its meetings, and may similarly ~lect a "vice chair" to serve in the chair's absence and a 'treasurer" to review the financial activities of ACC~ Neither the chair, vice chair nor treasurer shall forfeit, by virtue 0ftheir positions, any power vested in him/her and shall continue to preside at the I~leasure of a majority of the voting members of the Executive Committee, and may be r:~eplaced at any time. / A quorum for the conduct of business by the Executive Committee shall be a majority. Notice of any special meeting shall be circul~ated to all members of the Executive Committee by the chair, or upon the wdtten notre of a voting majority ,of the Executive Committee not less than twenty-four (24) ho~brs before such meeting ,is scheduled. No action will be taken without a quorum and Iwithout an absolute majonty of the eligible voting members of the Executive Commi ~tt~_~ voting in favor of the matter under COnsideration. Executive Committee members may attend meetings and vote telephonically as may be necessary for the Orderly and timely conduct of business. Written notice of any special meeting may be Waived as to/any member who at the time of the meeting is actually present or who has filed with the chair a written waiver of Final Draft 02/22/99 02/22/99 M0N 16:47 FAX 206 870 6540 CITY OF DES M0I'~ 2~3 870 6540 ~009 Interlocal Agreement, Airport Communities Coalition Page 8 notice. The parties further agree and understand that the may have executive sessions under RCW 42.30.110(I). ACC Executive Committee VI. PROFESSIONAL SERVICES A. The Executive Committee may, from time to time, retain legal or other professional assistance or contribute to the retentionlby one of the parties of legal or other professional assistance to camj out the purposes of this Agreement. A contract or engagement letter shall be provided for each Consultant so retained, which contract or engagement letter shall subsequently be marked as an Exhibit and Incorporated into this Agreement, subject to all terms herein. All such contracts may be reviewed and updated annually for modifications or termination_, B. Information and materials developed IDy providers of professional services, who are retained and are compensated pursuant to the provisions of this Agreement, shall be made available to each party to this Agreement which has borne its share of the cost of providing such services in the mann'er provided herein, and to all parties admitted to membership in ACC pursuant to the !provision of Section IV. In order to preserve confidentiality, all meetings of the legislative or governing body of any party to this Agreement related to' any of the subjects of this agreement shall be held in executive session pursuant to RCW 42.30.110(i) and all written materials transmitted law firms retained by the ACC or any memberOr successors or associates of such law firm(s) or Executive Director and ACC staff or any part~ to this Agreement shall be considered exempt from public inspection and copying under RCW 42.17.310 unless publicly cited by the party in connection with any party actiOn. VII. S~,,.HARING OF COSTS A. In order to pay such fees, costs, and othier expenses as are incurred by the Executive Committee on behalf of ACC including costs incurred in connection with the retention of legal or other professional assistance, it is the intention of the parties to this Agreement that each party will make available to ACC consistent with the provisions herein, funds for ACC operating expenses as indicated in Attachment A. B. Each party pledges its best efforts to approve appropriations providing for the sharing of costs specified in this Section VII, but nO party shall be liable for any monetary assessment unless and until the governing: body of such party has appropriated funds for such specific purpose. Final Draft 02/22./99 02/22/99 ~ON 16:47 F,~.~ 206 870 6540 CITY 0~.,. DES MOl"' ~ 870 6540 ~010 Interlocal Agreement, Airport Communities Coalition Page 9 C. In the event that one or more of the par contribute to the sharing of costs in the amounts set f¢ consistent with provisions of this Agreement, the party in c participation in the Executive Committee's business, an Agreement shall be suspended. D. In the event one or moro parties fail to ra' initially ratified this Agreement and thereafter defaul Agreement, the cost sharing for any outstanding or future adjusted following the elimination of the party or parties c les to this Agreement fail to rth above and in a manner efault will refrain from further its rights pursuant to this ify this Agreement or having s or withdraws from this operating expenses shall be ~ a basis proportional to the annual amounts set forth above in Section 'A', adjusted ~,~ allow for any other parties admitted pursuant to Section IV but not included in Secfi~,n 'A", above, and; provided that the annual financial obligation of the remaining Party or Parties shall not exceed that amount set forth above in Se~on "A", unless modifi{~d by subsequent agreement hereto. VIII. COOPERATION A. Each of the parties participating in, or endeavor shall cooperate with the ACC Executive Coml party heretO, whether involved by participation, admi$ covenants and agrees that, in the event of withdrawal, es otherwise admitted to, this ~ittee. In that regard, each ~ion, or otherwise, hereby ch such party shall not sue, harass, or in any form or manner interfere with the entity with any of the remaining parties, except as necessary to provided in Section III. This covenant shall specifically information obtained in any manner, directly or indirectly. party's involvement in ACC or otherwise pursuant to this required by public records law. roated by this Agreement or (~btain the retum of funds as prohibit the sharing of any s a result of the withdrawing ~reement unless otherwise B. To ac, complish the intent and purposes of the ACC, the parties expressly understand that legal proceedings ,may be pu~ued in vadous forums on behalf of ACC members. The parties recognize that legal-proceedings are costly and complex endeavors and that it is necessary to assur~ that legal efforts are not compromised due to internal disputes and/or fUnding concerns. In this light, the parties hereby express their intent that legal matters shall be pursued in a manner consistent with policies and directives issued by the Executive Comn any legal action authorized by the Executive Committee an coalition members, the parties expressly agree that, durin~ ~ittee. Following initiation of filed on behalf of any or all the term of this Agreement, Final Draft 02/'22/99 02/22/99 MON 16:48 FA.~ 206 870 6540 CITY ~ DES MOl'--' 206 S70 6540 ~011 Interlocal Agreement, Airport Communities Coalition Page l0 such matters will be conducted, resolved and/or settled as directed by the Executive Committee. No party shall have authority to enter into any settlement or compromise of claims asserted by the ACC without the Executive Committee's acceptance and unanimous approval of such settlement, unless such party has terminated its participation, pursuant to Section III. IX. INDEMNIFICATION A. In executing this Agreement,~ the ACC does not assume liability or responsibility for or in any way release the Parties from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. If any such cause, claim; suit, action or administrative proceeding is commenced, the Parties shall defend the same at their sole expense and if judgment is entered or damages are awarded against the Parties, ACC, or both, the Parties shall satisfy the same, including all chargeable costs and attorneys'-fees. B. ACC shall indemnify and hold harmless the Parties and their officers, agents, volunteers and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a'negligent act or omission of the ACC, its officers, agents, and employees in performing services pursuant to this Agreement. In the event that .any suit based upon such a claim, a~on, loss, or damage is brought against the Parties or the Parties and ACC, ACC shall defend the same at its sole cost and expense; and if final judgment be rendered~ against the Parties and their officers, agents; and employees or jointly against the Parties and ACC and their respective officers, agents, and employees, ACC shall satisfy the same. C. The Parties shall indemnify and hold harmless ACC and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the Parties, their officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against ACC or the Parties and ACC, the Parties shall defend the same at their sole cost and expense; and if final judgment be rendered against ACC, and its officers, agents, and employees or jointly against ACC and the Parties and their respective officers, agents, and employees, the Parties shall satisfy the same. Final Draft 02/22/99 02/22/99 MON 15:48'FA~'2051870'65'40 CITY.OF DES MOI'~ ~012 Interlocal Agreement, Airport Communities Coalition Page 11 ,. ~. MI$CELLANEO. U~ PI~OVI$1ONS A. This Agreement shall be effe~ve upon ratification by at least two of the Parties admitted pursuant to Section IV above. This Agreement may be amended only upon consent of all parties thereto. Any amendment hereto shall be in wdting. ' B. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed a waiver of such term, covenant, or condition or any subsequent breach of the same of any other term, covenant, or condition of this Agreement. C. Any party hereto shall have the dght to enjoin any substantial breach or threatened breach of this Agreement by any~other party, and shall have the right to recover damages and to specific performance of any portion of this Agreement. D. This Agreement is solely for the benef'rt of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. E. In all contractor services, programs or activities, and all contractor hiring and employment made possible by or resulting from this Agreement, ACC and the Parties shall abide by all federal, state, and local laws prohibiting discrimination. F. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during the term of this contract and three (3) years after termination. G. If any provision of this Agreement or application thereof to any party or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. H. This Agreement shall be effective whether signed by all parties on the same document or whether signed in counterparts. 1. This Agreement supersedes the Interlocal Agreement entered into between the parties by signatures dated January 1997. Final Draft 02/22./99 02/22/99 MON 16:49 FAX 206 870 6540 CITY ~F DES MOI'~ 2BB 870 6540 ~013 Interiocal Agreement, Airport Communities Coalition Page 12 CITY OF NORMANDY PARK APPROVED AS TO FORM this dayof .... ,199. DATED this day of ,199 . Wilton $. Viall, III City Attomey of Normandy Park By _ 'Merlin MacReynold Its City Manager At the direction of the Normandy Park ~ City Council by motion regularly passed at an open public meeting on ,199 Final Draft 02/22./99 02/22/99 MON 16:49 FAX 206 870 6540 CITY O~ DES MOI'~ 206 870 6540 ~014 IntedocalAgmement, AJ~o~ Communities Coalition Page 13 CITY OF DES MOINES APPROVED AS TO FORM this day of ,199 DATED this day of ,199. BYr Ga~ McLean City Attorney of Des Moines ' CITY OF BURIEN APPROVED AS TO FORM this day of ,199 . Robert Olander Its City Manager At the direction of the Des Moines City Council by' motion regularly passed at an open public meeting on ,199, DATED this day of .199. By Michael Kenyon City Attorney of Burien Gary Long Its City Manager At the direction of the Burien City Council by motion regularly passed at an open public meeting on , 199 . Final Draft 02/22~9 02/22/99 MON 16:49 FA~ 206 870 6540 CITY ~F DES MOI'~ 2~ 8?0 g:~40 ~015 Interlocal Agreement. Airport Communities Coalition Page 14 CITY OF TUKWlLA APPROVED AS TO FORM this day of ,199 . DATED this day of , 199. By Robert F. City Attomey of Tukwila CITY OF FEDERAL WAY APPROVED AS TO FORM this day of ,199 . By John W. Rants Its Mayor At the direction of the Tukwila City Council by motion regularly passed at an open public meeting on _, 199 . DATED this day of ,199 . By Londi K. Undell City Attorney of Federal Way By Kenneth E. Nyberg Its City Manager At the direction of the Federal Way City Council by motion regularly passed at an open public meeting on ,199 . Final Draft 02/22/99 02/22/99 :~[0N 16:49 FA,[ 206 870 6540 CITY 0.F, DES MOI'"'" 206 @70 6540 ~016 lnterlocal Agreement, Airport Communities Coalition Page 15 ATTACHMENT A Invoices will be send quarterly In advance for payment in equal installments or in total. City of Normandy Park City of Des Moines City of Burien City of Tukwila City of Federal Way $600,000 per year for 1999, $600,000 per year for 199g; $600,000 per year for lg99: $ 50,0.00 per year for 1999; . $ 30.000 per year for 19gg. Final Draft 02/22/99 MEETING DATE: F-~Iym~D~-~, 1999 ITEM#'~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Permission to extend the Agreemen~t with Federal Way School District for Police Services CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: Agreement with Federal Way School District for Police Services. SUMMARY/BACKGROUND: The City and the Federal Way School District entered into an interim and temporary agreement for the purpose of provk~ing police School Resource Officer ervices at Decatur and Federal Way High Schools. This agree~nei~ was prompted by the unexpected campus security supervisor posit;on v~caacies at those schools. This interim agreement ................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to extend the Agreeme~ with Federal Way School District until either party notifies the other within a two-week notice of termination, or until a permanent agreement with Federal Way School District can be negotiated, assuming such School Resource Officer subcontracting is allowed ................................................................................................................ CITY MANAGER RECOMMENDATION. ...................................................................... ................................................................................................................................ .... .............. APPROVED FOR INCLUSION IN COUNCIL -~ , (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: February 16, 1999 Department of Public Safety Daniel J. Coulombe, Commander Police School Security Contract Background: On August 12, 1998, the City and the Federal Way School District ("FWSD") entered into an interim and temporary agreement for the purpose of providing police School Resource Officer ("SRO") services at Decatur and Federal Way High Schools. This agreement was prompted by the unexpected campus security supervisor position vacancies at those schools. This interim agreement was initially intended to end on January 27, 1999. Attached you will find a January 13, 1999 letter from Superintendent Tom Vander Ark requesting an open ended extension of the initial agreement with a "two-week" cancellation privilege. As the letter states, FWSD is still waiting for a decision from the Office of the Superintendent of Public Instruction ("OSPI") as to the legality of a longer term contract with the City for security services. FWSD would like to continue the same services at the same compensation rate [$186.14 per officer per day] as the trial period. When FWSD receives the OSPI's decision, they will need to be able to end the arrangement with a two-week notice if the decision is negative. Committee Recommendation: Motion to extend the Agreement with FWSD on a month to niont~ bar, i~ until either party notifies the other with a two week notice of termination, or until a permanent agreement with FWSD can be negotiated, assuming such SRO subcontracting is allowed by OSPI. k :\par ks\ fws(/da~cu.ag( Januaw 13,1999 Chief RonWood Federal Way Police Depadment 34008 9th Avenue South Federal Way, Washington 98063 Dear Chief Wood: In August 1998, our agencies entered into an interim and temporary agreement for the purpose of providing po!ice SRO sen'ices at Decatur and Federa! Way High Schools. The condition, which prompted our critical need for SRO services, occurred with two-campus, security supervisor position vacancies at those schools. I am advised by Mike Sweeney, Federal Way Public Schools Security Services Manager, that he has met with you and Deputy Chief Chaney concerning the pending "exPiration" and necessity for (what could be) a "day-to-day" extension of that interim "one-semester" agreement - initially intended to end January 27, 1999. Mr. Sweeney informs me that he has discussed with you the ambiguity involving the district's present and future capacity to subcontract on a permanent, or even temporary basis. As you are aware we have submitted to the OSPI a feasibility study relating to SRO subcontracting as required by RCW 28A.400.285. That study was commissioned shortly after our interim agreement was struck, and it was submitted to the OSPI the first week of December. We await a "finding" from the OSPI relating to the district's SRO subcontracting capacity. You might also be aware we are concurrently negotiating with the security bargaining unit to mitigate the effects of subcontracting upon them (should we be allowed to do so). That bargaining unit has also filed a ULP with PERC relating to our actions. As you can see there is uncertainty surrounding the district's lawful capacity to subcontract at this time. Yet in the absence of that certainty, we cannot permit campus safety and security provided by your SRO's to be compromised by abandoning our previous agreement. The district's near and longer term direction cannot be established without the. fact-finding resolution from the following certain negotiations with the bargaining unit (which have not progressed at the pace the district would prefer). In this uncertain arena, which will become considerably clearer this spring, we respectfully seek your a.qency's approval of an extension of our initial August 12 agreement--in effect continuinq services at those two high schools. We also seek a "two-week" notification "cut- clause," should the district be directed that it cannot subcontract for SRO services with police. Should we prevail in that determination, you should anticipate SRO subcontracting r '~otiations to commence in detail. The district will likely seek a 5-year agreement with terms and c,..,~ditions negotiated between us. Ph,,r,,.~ (25~) 945-2000 · 31405 18th Avenue So,th · Feder,I W;W, WA 08003-543~ · wwv¢.fwsd.v.'edner.edu Letter to Chief Wood January 13,1999 P~qe 2 Finally, we have recently been informed of the availability of a $60 million "Cops in Schools" (CIS) grant program administered by the DOJ. Police agencies with prior "COPS", "COPSAHEAD", or "UHP" grants may simply apply for additional funding. The community policing partnership advocated under the CIS grant requires that the police department apply and act as the primary grant recipient. Please be assured that the school district is eager to participate and support such a partnership to improve the safety of our schools and their patrons, and to promote police/youth interaction in less conventional community policing problem solving efforts. I am informed that the extension and need for a short "cut-clause" are generally acceptable to you. Please communicate with me regarding acceptance or any need for modification. As always, thank you for your understanding in this precarious time frame. Sincer Thomas J. Vander Ark Superintendent MEETING DATE: ~, 1999 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $92,389 (grant amt) Expenditure Amt: $30,976 (police dept amt) Contingency Reqd: ATTACHMENTS: SUMMARY/BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to accept the COPS More 98 grant for $92,389 with the City's match $30,796, for a total grant award of $123,185, to be awarded to the Department of Public Safety to fund one computer/printer, one crime analyst and one fiscal specialist. CITY MANAGER RECOMMENDATION: .................................................................................................................................................................................. .................... ................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: February 18, 1999 Department of Public Safety Attention: Daniel J. Coulombe, Commander COPS More 98 Grant Award Background: The 1998 COPS More Officer Redeployed Effect~veiy grant # 1999CMWX2180 awarded $92,389, with the City's match of $30,976, for a total grant amount of $123,185 for one fiscal specialist and one crime analyst position with a computer/printer to support the crime analyst. The funding period is from December 1, 1998 through November 30, 1999. The City Manager has approved of this award. Committee Recommendation: Motion to accept the COPS More 98 grant for $92,389 with the City's match $30,796, for a total grant award of $123,185, to be awarded to the Department of Public Safety to fund one computer/printer, one crime analyst and one fiscal specialist II APPROVAL OF COMMITTEE REPORT: , Corhmittee Member //(~ommittee Member~ il Chair '"',, ~' MEETING DATE: March 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Youth Facilities Grant Letter of Intent CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: Referendum 48 authorized the Seahawk/soccer stadium construction and created a "Youth Athletic Facilities" ("YAF") grant program. This grant program is funded from a $10 million donation by Paul Allen and the Seahawk organization. The YAF program will be administered by the Interagency Committee for Outdoor Recreation ("lAC"). The Federal Way Youth Soccer Association ("FWYSA") is willing to commit $150,000 toward a project that would increase the capacity of a current facility to accommodate the demand for practice time for youth soccer. On February 8, staff met with Dave Vining, President of the FWYSA, George Pfeiffer (FWYSA) and Rod Leland of the Federal Way School District. Several park and school sites were reviewed for consideration. The sites that emerged as potential candidates were Sacajawea Park's football/soccer field and the upper football practice field at Federal Way High School. The field at Sacajawea Park is not lit and has poor drainage. The field is typically closed in November due to the poor drainage. A second grant could be submitted to light the high school field. This would allow youth to schedule the field for soccer practice in the evenings. Federal Way High School may be included in the upcoming bond issue the District is considering. The first step in the application process is to submit a letter of intent, which provides the lAC with a preliminary indication of the amount and type of application(s) that may be submitted. The letter does not obligate the agency to submit an application. Staff recommends the City submit a letter of intent with the FWYSA and the School District. CITY COUNCIL COMMITTEE RECOMMENDATION: On February 22, 1999, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to approval submittal of a letter of intent with the Federal Way Youth Soccer Association and the Federal Way School District to the Interagency Committee for Outdoor Recreation regarding field renovation and improvements to ............................................................................................................................ CITY MANAGER RECOMMENDATION' Ar~nroval of committee recommendation ~:, ~ ~\i~ ~,:' .': ............................................................................................................... : ...... r.r. ......................................................................... ............. : ...... ~...~<..:~.~..¥...~....~.~ .... APPROVED FOR INCLUSION IN COUNCIL ,]t:, PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 Item 5D CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: February 11, 1999 Jennifer L. Schroder, Director Parks, Recreation and Cultural Services Department Youth Athletic Facilities Grant Program Background Referendum 48 authorized the Seahawks/soccer stadium construction and created a"Youth Athletic Facilities"(YAF) Grant Program. This grant program is funded from a $10 million donation by Mr. Paul Allen and the Seahawk organization. The $10 million will be equally divided among three YAF categories: 1. New facilities (including land acquisition) 2. Improving existing facilities by adding capacity 3. Maintaining existing facilities with out adding capacity Approximately $3,300,000 will be distributed in each program category in 1999. The YAF program will be administered by the Interagency Committee for Outdoor Recreation (lAC). The lAC held information meetings on how the funds will be distributed statewide, eligibility and primary focus of the grant funds. Applications that will score well for funding considerations are projects that involve an increase in capacity or use of an outdoor athletic field facility, addresses a recognized need for ages up to 18, multiple partnership involvement, and public support. Opportunity_ The Federal Way Youth Soccer Association (FWYSA) is willing to commit $150,000 toward a project that would increase the capacity of a current facility to accommodate the demand for practice time for youth soccer. On February 8, I met with David Vining, President of the Federal Way Youth Soccer Association, George Pfeiffer (FWYSA) and Rod Leland of Federal Way School District. Several park and school sites were reviewed for consideration. Two sites that emerged as potential candidates were Sacajawea Park's football/soccer field and the upper football practice field at Federal Way High School. The field at Sacajawea Park is not lit and has poor drainage. Use of the field is typically closed in November due to the poor drainage. Parks, Recreation, Human Services & Public Safety Council Committee February 11, 1999 Page Two A project to light the field, fix the drainage and to install a playing surface that can accommodate an aggressive schedule of use would greatly address the current short fall for practice field time. A second grant application could be submitted to light the high school field. This would allow the youth to schedule the field for soccer practice in the evening following the school's scheduled use. Federal Way High School may be included in the upcoming bond issue the District is considering. Recommendation The first step in the application process is to submit a letter of intent. The letter of intent provides the IAC a preliminary indication of the amount and type of applications that may be submitted. The letter of intent does not obligate the agency to submit a application. It was, however, strongly recommended by the IAC that to insure eligibility, a letter of intent be submitted by March 1, 1999. Staff recommends that the City submit a letter of intent with the FWYSA and the Federal Way School District regarding field renovation and improvements to Sacaj awea Park and/or Federal Way High School field. A partnership application would only be submitted with a project scope approved by the City Council, Federal Way School District and the FWYSA. Committee Recommendation Motion to approve submittal of a letter of intent with the Federal Way Youth Soccer Association and the Federal Way School District to the Interagency Committee for Outdoor Recreation regarding field renovation and improvements to Sacajawea Park and/or Federal Way High School field. APPROVAL OF COMMITTEE REPORT: , C~m;/nittee Chair [// Co~mittee~leln~ber /~ommittee Member 67 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT' Skate Park 80% Desi n Com letion CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: The City Council authorized staff to begin design development o£the Skate Park to be located at the northeast comer of Steel Lake Annex, north of the all-weather soccer field. Early work in the process included several public meetings and a clay model built by volunteers. With the model and information collected during the public process, staff forwarded comments and information to the architect. The architect has completed approximately 80% design and has sent the drawings to the City for review. CITY COUNCIL COMMITTEE RECOMMENDATION: On February 22, 1999, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to approve 80% design, authorize staff to complete design development, bid documents and report construction budget estimates to the Council Committee. App .... ' ~ CITY MANAGER RECOMMENDATION: royal of committee recommendation, r~,~ ~x,t,t~"~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I~em 5E CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: February 16, 1999 David Wilbrecht, Deputy Director Parks, Recreation and Cultural Services Department Skate Park Background: The City Council authorized staff to begin design development of the Skate Park to be located at the northeast comer of Steel Lake Annex north of the all-weather soccer field. Early work in the process included several public meetings and a clay model built by volunteers. With the model and information collected during the public process, staff forwarded comments and information to the architect. The architect has completed approximately 80% design and has sent them to the City for review. The 80% drawings will be presented at the Council Committee meeting on February 22, 1999. Recommendation The next step in the process is to approve the 80% design, authorize the architect to complete the design development, bid documents and forward the construction budget estimates to the city for review. Committee Recommendation Motion to approve the 80% design, authorize staff to complete design development, bid documents and report construction budget estimates to the Council Committee. APPROVAL OF COMMITTEE REPORT: Co{nmittee Member ommittee Me ~m_ber ~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1999/2000 Carry-Forward Budget Adjustment CATEGORY: 1999 BUDGET IMPACT: $22,698,725 CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Ordinance and budget adjustment exhibit A. SUMMARY/BACKGROUND: This is an ordinance to adjust the 1999 budget to: (1) reflect the actual ending fund balance at 1998; (2) carry-forward grants, transfers, and other revenues were awarded and budgeted but not received in 1998; (3) carry-forward projects, services, and other expenditures that were approved or committed in 1998 but not yet completed or paid at the end of 1998; (4) correct items approved but did not get in the adopted budget correctly; (5) allocate $76,548 from 1998 Parks expenditure saving for equipment and play structure at Celebration park. Unless otherwise identified, these adjustments are housekeeping in nature as they have been previously approved by Council. Staff also recommend council consider allocating $24,000 for monument signs and an estimated $80,000 for a maintenance structure from the existing Celebration Park Project balance and the additional funds raised. The amount for the maintenance structre may be different depends on the design feature to be reviewed by the Council. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the 1999 Carry-Forward Budget Adjustment. CITY MANAGER RECOMMENDATION: Approve the 1999 Carry-Forward Budget Adjustment. ~ [~ ~.2~ ............................................................................................................ ~.~.~...~.~ APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE). COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ~- 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: February 25, 1999 Federal Way City Council Iwen Wang, Management Services Director ,.~}~ Carry-forward Budget Adjustment- Updated From FEDRAC Committee Meeting This memo and the attached material will present the City's 1998 final operating results and 1999 Carry- forward Budget Adjustment items for Council consideration. The primary purposes of the carry-forward adjustment are to: (1) adjust the beginning fund balance from the estimated amount used during budget deliberation to the actual as we conclude the fiscal 1998 activities; (2) carry-forward of projects and associated revenues, such as grants that were awarded and budgeted in 1998, but not received at the end of 1998; and (3) expenditures that were committed in 1998, but not expended until 1999. These three categories form the largest portion of the adjustments. The total adjustment to beginning fund balances is $18,800,024; adjustments to grants and transfers total $5,320,999; and $22,698,725 in continuing projects and costs. The resulting ending fund balance total is $22.1 million at the end of the biennium, of which $1.1 million is in undesignated General Fund primarily attributable to the higher than anticipated sales tax, building permits, fines and forfeitures, and sales tax equalization distribution from the State. On the expenditure side, most of the balances remaining at the end of 1998 are for projects or commitments that are included in this carry-forward adjustment. This $1.1 million one-time source is available for Council allocation on one-time projects. Also included in the ending fund balance is $2.12 million balance in hand at the end of 1998 in Utility Tax/Debt Service Funds. This amount is above the amount required for debt service prefunding and early retirement Saghalie Bonds, which is available for capital purposes. In addition to these three categories, this budget adjustment includes minor corrections for items that were not included in the adopted budget correctly. This includes the $60,000 in school security revenue, $47,808 in COPS More Grant and associated costs. There are three new request items that are proposed for Council to consider. Parks, Recreation and Cultural Services Department has a saving of $146,938 from operating budget at the end of 1998. Staff requests using part of the balance to: (1) acquire two athletic field groomers for Celebration Park for $28,548. This equipment is necessary to maintain and prepare soccer and ballfields; (2) two utility carts for $18,000 to move equipment and staff at Celebration Park without purchasing trucks; and (3) to add a play structure at Celebration Park for an estimated $30,000 to make the park a park for all ages. These three requests total $76,548. As discussed in a separate project status report prepared by Dave Wilbrecht, staff is recommending Council allocate the project balance and the additional funds raised for the park to a maintenance building at $80,000 and monument signs for the park at $24,000. The Finance, Economic Development and Regional Affairs Committee approved the budget adjustment in the amount of $22,698,725 and requested that the design of the maintenance building be reviewed by appropriate Council Committee and that the estimated $80,000 construction cost be adjusted if necessary. K:~FIN\*\99CYFWD CITY OF FEDERAL WAY CARRY FORWARD BUDGET ADJUSTMENT IMPACT TO 1999 BUDGET FEBRUARY, 1999 General Fund: Corrections to the f999 Adopted Budget: School Secudty Officer-School District Payment COPS More 96 Grant Extension-Funding for 2 Recreation Coordinators COPS More 96 Grant Extension-Reduce Funding by Amount Claimed 4th Qtr 1998 Reallocation of Fleet Replacement Reserve Charges to SWM P31Cola Reallocation to Fund 502 Transfer to Street Fund-Reclass Update Development Fee Schedule Use of CM Contingency: City Hall Move Approved Projects in f998: Document Imaging System-Hardware/Software/Implementation Timekeeping System New Eden System Various DP Equipment 1998 Facilities Fund Transfer Education Assistance Balance Arts Commission Contract Balance PAA Study-GIS Mapwork Wetland Inventor~ Balance Human Services Contract Human Services Combined Giving Campaign & Enchanted Parks Donation Balance Neighborhood Matching Fund Balance Transfer to Celebration Park for Play Structure-Funding Source is Parks Operations Savings Celebration Park-Equipment & Miscellaneous Supplies-Balance of 1998 M&O from Utility Tax Other Miscellaneous CD Filing System Balance Public Safety-Weyerhauser Donation Balance Public Safety-Traffic School Public Safety-SlU Expenditures Public Safety-97 & 98 LLEBG Grant Balance, including interest earned and match Public Safety-Balance of 4 Vehicles Public Safety-Other Various DP Equipment Street Fund: Commute Tdp Reduction Grant Project Filing System Street Lights on SR99 to 312th & all Bus Stops VMS Reader Board Transfer to 21st & 344th Pedestrian Signal Street CIP Project Small Office Apparatus for New Workstation Return of Excess General Fund Subsidy Arterial Street: 1998 Asphalt Overlay Program Balance Solid Waste & Recycling: Grants Snow & /ce Removal: Return of Excess General Fund Subsidy Hotel/Motel Lodging Tax Transfer to General Fund-Restore Arts Commission Marketing/Promotional Materials Historical Society Convention Center/Performing Arts (Total $32,500) 60,000 47,808 (14,346) (7,000) (25,292) 8.000 25,000 100,000 95,000 182,232 26,500 27,636 14,169 25,444 7,000 38.000 20,122 11.151 13,511 30,000 46.548 3,058 9.332 13,000 5,000 41,792 2O4,844 46.143 15,895 44,355 10,000 7,500 15,000 22.000 2,500 66,260 477,375 34,325 3,530 25,000 15,000 5,000 20.000 2/24/99 3:54PM 99carry sum99 I Surface Water Management; Reallocation of Fleet Replacement Reserves-1999 Adopted Budget Correction VMS Reader Board Jet Rodding/Vactoring Service Transfer to SeaTac Mall Detention CIP Project Strategic Reserve: Transfer Interest Earnings to Risk Management Self Insurance Dumas Bay Centre: Knutzen Family Theatre Balance Knutzen Family Theatre-appropriate CDBG Grant Reimbursement Knutzen Family Theatre-Reappropriate to Theatre Operations & Parking Lot Dumas Bay Centre Operations-Deferred Maintenance Balance City Facilities ClP: Public Safety Facility Balance Downtown Revitalization Balance Parks ClP: Panther Lake Project-Funding Source is Mitigation Fees KC Open Space Grant Balance/Lake Killarney BPA Phase Ill-Balance BPA Phase III-Funding Source is WSDOT Grant School Site Improvements Balance Neighborhood Parks Balance Klahanee Lake Improvements Balance Skateboard Park Balance Skateboard Park-Funding Source is Reallocation of Steel Lake Park Balance Parks Asphalt Overlay for Paths & Trails Celebration Park: Playground Structure-Source is Transfer In From General Fund-98 Parks Operation Savings Maintenance Building-Funding Source is Portion of Tax Refund of $100K Park Signs-Funding source is $20K of Tax Refund & Portion of Celebration Park Balance Donated Fumishings, Plaques, etc-Funding Source is Celebration Park Contingency Balance Additional Donations Reduce Expenditures by Sales Tax Refund Reduce Expenditures by LHUD Reimbursement Other Park Costs-Funding Source is Remaining Balance SWM CIP: Panther Lake Balance Appropriate Transfer from SWM Operations to SeaTac Mall Project SeaTac Mall Balance S 340th Street Regional Storm Detention Balance Kitts Comer/S 336th Regional Storage Facility Balance Star Lake Road/S 272nd Conveyance Improvements Balance S 356th Regional Storage Balance Small CIP-Lakota Creek Adoption Program Grant Traffic CIP: 21st Ave ~ SW 325th Signal Balance Dash Point Road & 8th Ave SW Traffic Signal S 336th - 13th Ave S to 18th Balance Military Road & Star Lake Road Balance Military Road & Star Lake Road-Funding Source is Hazardous Elimination Grant Street ClP: S 356th to SR 99 to 1st Ave Balance S 356th to SR 99 to 1st Ave-Funding Source is TIB Grant SW 336th, 21st to 26th SW Balance ROW 23rd Ave S, S 317th to S 326th Balance ROW 23rd Ave S, S 317th to S 326th-Funding source is TIB Grant S 348th I-5 to SR 99 Balance 7,000 15,000 15,000 1,017,852 25,496 15,916 32,794 (17.415) 31,828 5,066,430 2,399,168 74,140 140,925 74,136 53,705 9,582 72,294 27,229 13,738 10,927 5,915 30,000 80,000 24,000 48,000 24,000 (100,000) (14.000) 26,471 11,502 1,017,852 771,791 196,990 33,919 69,513 205,387 8,715 32,981 244,563 398,508 38,585 124,855 282,590 105,210 72,173 1,504,431 413,974 26,000 2/25/99 9:22AM 99carry sum99 2 S 312th SR 99 to 23rd Ave S Balance S 312th SR 99 to 23rd Ave S-Funding Source is TIB Grant Military Road S, s 286th to S 288th, including 304th Balance Other CIP Projects-Bond Funded Balance S 320th St & Highway 99 Intersection Improvements Balance S 320th St & Highway 99 Intersection Improvements-Funding Source is ISTEA Grant S 320th St & Highway 99 Intersection Improvements-Funding Source is TIB Grant Signalized Pedestrian Crossing Balance Signalized Pedestrian Crossing-Funding Source is CDBG Grant Signalized Pedestrian Crossing-Funding Source is realloc of S 312th St & 14th Ave to 21st Ave Signalized Pedestrian Crossing-Funding Source is TIB Grant Signalized Pedestrian Crossing-Funding Source is Transfer In From Street Fund SW 312th St & 14th Ave Pedestrian-Remaining Balance after Reallocation to Signalized Pedestrian Crossing SW 340th & Hoyt Road Balance SR99 Improvements-S 312th to S 324th Balance SR99 Improvements-S 312th to S 324th-Funding Source is ISTEA Grant Risk Management: Equipment Insurance for PW Street Maintenance-Correction to 1999 Adopted Budget Information Systems: Corrections to the 1999 Adopted Budget: Public Safety Recreation Coordinators (grant funded) DP Related Expenses Eliminate Finance Reappropdation to Support DP Analyst Position Various DP/Telecemm Related Expenses for Deputy Public Works Director Permit Tracking System-Funding Source is Use of Replacement Reserves P3/Cola Reallocation Approved Projects in 1998: Automated Timekeeping System Eden System Upgrade Balance Document Imaging System (50% City Hall/50% Public Safety) Vadous DP Equipment for Public Safety Varioys DP Equipment for City Hall GIS Mapwork for Wetland Inventory-PAA Study for CD Planning Fleet & Equipment: Various Expenses for PW Street Maintenance Equipment-Correction to the 1999 Adopted Budget Equipment for 4 Public Safety Vehicles VMS Reader Board for Street & SWM Buildings & Furnishings: Workstation for Deputy Public Works Director-Correction to the 1999 Adopted Budget CD/PW Filing System Balance 1998 Facilities Fund Transfer City Hall Move-Funding Source is CM Contingency Special Studies/Contracts: Government Access Channel Cable Broadcasting Balance 2% for the Arts: Arts for Celebrat.on Park CDBG: Transfer to Dumas Bay Centre-CDBG Grant Reimbursement Tranfer to Street CIP-CDBG Grant Reimbursement Increase Funding for CDBG Capital Project-Youth Adult Support Housing Program Transfer to Public Safety-CDBG Grant Reimbursement CARES Program-Correction to 1999 Adopted Budget 1,102,216 1,268,595 874,894 339,800 197,486 48,083 188,524 10,785 44,652 15,519 100,000 22,000 900 53,875 102,438 623,284 4,000 9,852 (10,000) 6,830 71,000 25,292 95,000 182,232 100,000 15,895 26,500 7,000 198,754 46,143 30,000 10,700 19,332 27,636 25,000 23,410 113,274 49,838 44,652 20,000 982 (710) 2/24/99 3:54PM 99carry sum99 3 CITY OF FEDERAL WAY CARRY FORWARD BUDGET ADJUSTMENT iMPACT TO 2000 BUDGET FEBRUARY, 1999 General Fund: Corrections to the f999 Adopted Budget: School Security Officer-School District Payment Reallocation of Fleet Replacement Reserve Charges to SWM P3/Cola Reallocation to Fund 502 Transfer to Street Fund-Reclass Update Development Fee Schedule Hotel/Motel Lodging Tax: Transfer to General Fund-Restore Arts Commission Funding Staffing Costs-Tourism/Promotion Convention Center/Performing Arts Center (Total $32,500) 60,000 (7,000) (25,798) 8,000 25,000 37,500 12,500 Surface Water Management: Reallocation of Fleet Replacement Reserves-1999 Adopted Budget Correction 7,000 8 DRAFT DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET (AMENDS ORDINANCE 98-325). WHEREAS, certain revisions to the 1999-00 Biennial Budget are necessary; and WHEREAS, these revisions are a result of funds to be carried forward from 1998; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance 98-325, Section 1, is hereby amended to adopt the revised budget for the years 1999-00 biennium as follows: Section 1. 1999-00 Biennial Budget. That the budget for the 1999-00 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A & B C1999 and 2000 Revised Budgets"). Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD. # , PAGE I DRAFT 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 ,1999. CITY OF FEDERAL WAY Effective Date. This ordinance shall take effect and be in force thirty (30) day of ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\~n\biennial\ordinanc\9900c foa.doc ORD. # , PAGE 2 PRE~ ~ 99. ance EXHIBIT A 1999 REVISED BUDGET Revenues & Other Sources Expenditures & Other Uses Fund Balance Adopted Change in Revenue Revised Revised Expenditure Revised Reserved/ Fund Budget Fund Balance Adjustment Budget Budget Adjustment Budget Unreserved GeneralFund '$ 25902,136 $ 1,673,773 $ 210~598 $' '2~7178~6,507 $ -~4~3~-8,819-$ 1~045.54~ $- 25384,366 $ 2402,141 Special Revenue Funds: Street _3.2_7_6_,_65_8- _1.2_3_,_26_0~_ ._ 44.355 3,_4~4~4,273 3,276,658 _. 1_67_6_15_ _ _ 3~;4__44_,273 _ - Ar~edal S~ _ee_t. 1,540,936 ._ 477,375 - 2,018,311 1,540,936_ . 47__7,_375 _ 2,01~,_3_~11 (0) Utility Tax 6,155,004 715,781 - 6,870,785 4,023,425 _ - 4,023,425 2,847,360 Solid Waste/RecYcling . 'i. ~6-~i_1,. 5_ 31 _(6_0__,_75__2) 34,325 . _ ~-85,104 _ _ _265,402 _ 34,325 _ 299,72~ 285,377 Special ContraclJSt_udies 3,50!_ _ 19,9~0-9 ........ 23,410 _ 23,4~-0 23,410_ 0 Snow & Ice __155,076 3_530 ....... -~58,6~ ~-'-5-5-:07.6- ~_ 3,53_0 _ _58,606 100.000 Hotel/Mo~te_l L_o~_.gin_g Tax .... 65,000 . 65,000 - 65,000 ..... ~65,000 2% for the Arts 113,274 _.113,274 - 113,274 .1_13,274 Grants - CDBG 652,306 65,762 48,999 767.067 652,306 114,762 _ _ 76_7_.~068 (1) Paths and T~"ails. - - _ - 21,950 (352) ......... 21,598 ..... -__ _ ~ - _ _- 21 598 Surface Water Management 4,223,998 1,274,683 5,498,681 3,122,443 1,054,852 _ 4,_177,2_95 . 1,321,386 Impact Fee ..... 404,155 (389,155) (15,000) - - _ ~ ...... ._ ___ . Strategic Rese?ve .... 1,800,O00 25,496 - _ '~,8_25,4- _96_ .... 100__000 . _ _25,496 _ __1_25,496 _ 1,700,000 Airport Strategic Reserve 300,000 300,000 ...... ' - ' ..... 7_ .... - _30000_0 Debt Service Fund 9,89~,6~37 -(0) ....... (154.810) 9,740,8'~7; 5,~93,481 "-- ' - 5293,481 4447346 Capital Project Funds: City Facilities . i -'33,8__8_3~_ 7,449,208 . _ - ~,4-83_,0_91_ -- ~- -- -~ 7,4~_5,598_ . ~-7,465.59_8- ~ 17,493 Parks _ 13,957 .... 414,2~80 248,940 677,177 - 601,062 601,062 76,115 SWM . 4,089,433 1,514,957 1,026,567 _ _6,630,957 ___ 1_, _1_~45_ 384 2,_31_ 6,669 _ 3__,461,05_3. 3,16-9,904 Traffic .... 46,229 689,449 124,855 .... _860,533 - 839,492 839,492 21,041 Streets .... 381,416 _ 4,709,298 2,814,322 _ 7,905,036 - 7,397,42~ .... - _7,~97,4~29_ - 507,607 Enterprise Fund: Dumas ~ayCenter . __ 649,007 -(;l~-(~83~ 49,-1~38 ..... 657,762 -- - ~,6-39 63,123 657,_762_ ' _ . - Internal Service Funds: Ri~k-M__an_~e-rne-nt- ..... _ 1,762,723 100,582 29,496 ;I-,~9-2,801 622,467 410-00 I - '~... "~2__6,46_7 _ 1_:2~66,3_34 In formatio_n_Syste_m. S 2,466,664 8,679 435,949 _2,911,292 1,276,845 52~9,6_ 01 ~ 1,806,446 1,104,846 Support Services 218,791 1 - 218,792 110,168 - 110,16-~ - 108~62~ Fleet &'Eq~uiprn~nt ' - 2-,~'~8-5 - -(~'~,~(~1) 274,897! - -~,~0~,8~1 44~,-11--7 .... 2~4,8--~7 723,014 - ~,58~,,867 Buildings & Fu~i_sh_ings 1,328,254 4,069 82,668 171_4,991 456,043 . 82,66__8_ _ 53_8_,71 1 ~ ._ 876,280 Pa~/roll Benefits Grand Total AII Funds $ 68,054,230 $18,800,024 $5,320,999 $92,175,253 $47,322,209 $22,698,725 $70,020,934 $ 22,154,319 k:~fin~biennial~ordinanc\99carry 99Ordinance 2/25/99 9:43AM PR~ ,/NARY oo 0 ANCE EXHIBIT A EXHIBIT B 2000 REVISED BUDGET Revenues & Other Sources Expenditures & Other Uses Fund Adopted Change In Revenue Revised Revised Expenditure Revised Reserved/ Fund Budget Fund Balance Adjustment Budget Budget Adjustment Budget Unr_~___Mved General Fund ' $ 24,931 047 $ 838,82~---~--- 93,000 $ 25 862.~9 $ ' 24,117.688 $ 35,202 $ 24,152,890 $ '~ 709 979 Special Revenu? Funds:` Street -3,305:~75 .... -- --- -'- 33(~5.67~ 3,3~5~674 .... ~ .... :~305674 - 1 Artedal Street _ !,548,979 .... (0) _ _ _ 1,_548,97_9 __1_,548,979 - !,~8_977 (o) Utility Tax 6,953,623 715,782 7,669,405 4,186,456 _ _ _ - _ _ - 4,186,456 3,48~,949 Solidi Waste/Recycling 601,144 (60,753) - 5~,0,~ - - ~-6~,,~6~- - -- - -- - 2-~.:J68 - - -277 023~ sPeCia! C_ontracuS~udies _ _-----3,50_1 .... ~-:J~0~ ........... _-_ _. - _~0 -- ' - .... -- .... ' 0 Snow & Ice. 155,052 155,052 - - 55052 - - ...... -55,05~ - 100,000 Hotel/Motel ..... Tax ............. . . 75,~0 - ~5,-~0~ ...................... . 75,000 75,000 . 2% for the Arts ......................... Grants- CDBG ' ' 618,8~9 ............ (-1~- -- .... ~18,8~ -- 618 ~6~ ' -- : -- 618 86-9 .... (1: Paths and Trails 31,117 (352) - _ 30,7_65 - - 30,76-5 Surface Water Management ,~,3~'i:~2~ .......... ~1_9_:8~ .... -, 4,541,054 4,187,872 - ' 7,000 "4,194,872 - 346,18~- Impact Fee 419,155 (404,155) (15,000) - . . - ' . Strategic Reserve ~:800,000 0 - 1,800,0~0 - "100,000 - ' 100,000 1,700,000 Airport Strat~gic Reserve -;~00~00--0 ......... ~ ~- ' --~00,00~ ..... t' - - ' - -3_00,000 Debt Service Fund - 9.204,155 ...... -(i5~,808) ...... - ' 9~,049,347- -4~6~-2159 '- - 4612159 4437168 Capital Project Funds: City Facilities 33,883 (16,390) 17,493 .................. ' - - - 17 493 Parks 13,957 62,158 76,115 --- _ - _ - - .................... -- .... 76,115 SVVM' ' 5,234,573 225,855 - 5,460,428 2,240,524-'- -: - - 2,240,524 -3,219 904 Traffic .................................. ' _ _ 46,229 (25,188) 21,041 _ - - - 21 041 Streets 381,416 126,191 507,607 --~- ~ - --- _ - '- ..................... 507,607 Enterpd?e Fund: . - - _ ............... ' Dumas Bay Center . 670,253 (54,368) __~- -- _ -- 61_5;.8_85_ - -615:885 -' . __'~-- _- _ .--- ' 615,885- - - Internal Service Funds: Risk Man_a_gement 1,8_7.6,3.6~5__ _ 126,078 4,100 . .2~,?0~,543 636,109 -4,100 640,209 1,366,334 .Information_S_ys~ems _ ._ 2,579,783___ (84,973) 6.572 _ 2,501,382 1.170,598 2~,-730 "' 1,~0_~,828 - _ 1,301,0.5~I- S _u pp?rt Se~i__C~_s 252,940 1 252,941_ ..... 114,312 - 114,312 138,629 Fleet&~guipment _ 2,4__98;9__7~3 ......... (92,O01) ..... 142,477 ._ 2,_549,449 .... 381,_558 .__92,477 47_4,035 _ ~2,_075,_414 BUildin~gs & Fum_is?ings 1,410,057 4,069 _. _ 1.414,~126_ ___448,79_3__ ....... - 448,793 _ 965,333 Pa)troll Benefits Grand Tolal AII Fund. s $ 6~,'1~'1,~68 $~,422,299 $31,M,~4~ $10,92~,4~6 $~8,~03,~9~ $243,~09 $~8,l~47,40~ $ 22,073.0'1f k:~fin~biennial~ordinanc\99carry 00 ORDINANCE 2/25/99 9:43 AM Page 1 MEETING DATE: March 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: King County Contract Proposal for District Court Services/Ordinance Authorizing The Formation of a Municipal Court CATEGORY: BUDGET IMPACT: CONSENT XXORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) Memorandum to PARCS from Londi Lindell, Iwen Wang and Derek Matheson dated February. 22, 1999 containing the recommendation of the Committee (pgs. 1-2); 2) Summary of Terms of Interlocal Agreement for the Provision of District Court Services (pgs. 3-5); 4) Proposed Interlocal Agreement for Provision of District Court Services between King County and the City of Federal Way (pgs. 6-18); 5) Calculation of Filing Fees Based on District Court Costs Per Case Filed (pg 19); 6) Interlocal Agreement for Provision of District Court Services Reporting Requirements and Procedures (pgs. 20-21); 7) Performance and Workload Indicators (pg 22); 8) District Court Contract v. Municipal Court Option/Cost Comparison (pg 23); 9) District/Municipal Court Staffing Analysis (pg 24); 10) District/Municipal Court Review Potential Funding Needs and Sources (pg 25); 11) draft Ordinance Creating a Municipal Court (pgs 26-34). SUMMARY/BACKGROUND: The City is required by State Law to provide "court of limited jurisdiction" services to its citizens, either via a City-operated Municipal Court or a contract with the County's District Court system. The City currently provides these services via an interlocal agreement with King County that expires on December 31, 1999. Many cities, such as Kirkland, Sea-Tac, and Redmond, have recently formed municipal courts. If the City does not form a Municipal Court, it must provide the services through King County District Court. The City of Federal Way, along with twenty-one (21) other cities, negotiated an interlocal agreement for district court services for the time period commencing on January 1, 2000. The costs of District Court services through King County would increase by twenty-seven percent (27%) while the level of service would remain the same. The proposed contract contemplates the payment of certain King County's capital improvements. The types of the capital improvements as well as the costs are unknown. Please see the attached Memorandum and Smmnary of Terms, which discuss the benefits and drawbacks of the proposed contract. If the City does form a Municipal Court, RCW 3.50.010 requires the City Council adopt an ordinance forming the Municipal Court. The draft ordinance is attached. The City Council Parks, Recreation, Human Services & Public Safety Committee reviewed the proposed interlocal agreement with King Coun .ty for District Court Services at its February. 22, 1999 meeting and moved a recommendation not to enter into the proposed King County District Court interlocal agreement, and to forward a draft ordinance creating a Municipal Court to the tull City Council at the March 2, 1999 meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: Direct the City Manager to begin the process of forming a Municipal Court to be operational on January 1, 2000, and direct that the appropriate ordinance be drafted and for~varded to the tull City Council for first reading at its March 2 meeting. CITY MANAGER RECOMMENDATION: Approve attached ordinance, a~- ............................................................................................................................................................................................... ................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED q)EFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # ,agnditem~nunicipa.ct Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS~ RECREATION~ HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: February 22, 1999 Londi Lindell, Assistant City Manager and City Attorney Iwen Wang, Management Services Director Matheson, Assistant to the City Manage~TM~ Derek District/Municipal Court Services Background The City is required by State Law to provide "court of limited jurisdiction" services to its citizens, either via a City-operated Municipal Court or a contract with the County's District Court system. The City currently provides these services via an interlocal agreement with King County that expires on December 31, 1999. Proposed District Court Interlocal The City Attorney, representatives of other suburban cities, and representatives of King County have been involved in negotiations for the past several months to draft a new District Court interlocal agreement. The current draft agreement, approved by the County Council on February 8, provides for a five-year contract that eliminates the current per-case filing fee arrangement and replaces it with a 75/25 split of revenues collected from City cases - 75% to the County, 25% to the City. In addition, the cost of capital improvements, either to the court system as whole or to a specific division, would be allocated to the County and the affected city or cities based upon caseload. Staff estimates this interlocal will increase the City's annual court expenditures by $143,990 (27%) to a total expenditure of $673,430 per year plus the cost of capital improvements. The benefits of this contract are that it may be slightly less expensive than a Municipal Court (although District Court capital improvement costs, once known, will shrink the margin), the contract offers a longer term than past agreements (three to five years, renewable twice), it creates a management review committee with County and City representatives for resolving operational issues, it includes a new performance measurement system, and it provides for indemnification of the City by the County. The drawbacks of the interlocal are the large increase in cost for continuing the current level of service, the unknown extent and costs of capital improvements that would be allocated to the City, the County's ability to terminate the interlocal if the City does not approve capital improvement projects, the substantial advance notice required for the City to terminate the interlocal (18 months), the prohibition on forming a Traffic Violations Bureau (which is allowed by State Law and sometimes increases a city's revenue collections), and the lack of a prohibition on the County seeking legislation to block the formation of municipal courts in the future. Municipal Court Alternative Concurrent with the District Court negotiations, City staffhave studied the feasibility of forming a Federal Way Municipal Court, which would consist of a Municipal Judge (0.8 FTE), a Court Commissioner (0.75 FTE), a Court Administrator, and nine court clerks. Staff estimates it would cost approximately $300,000 in 1999 start-up expenditures to form a Municipal Court and roughly $744,752 per year thereafter to operate it. At this level, the Municipal Court alternative is slightly more expensive than the District Court contract (approximately $70,000 per year). However, the District Court contract's capital assessments, once determined, will decrease this margin. A Municipal Court would need to be operational on January 1, 2000. The benefits ora Municipal Court include greater local control over the costs and quality of service, enhanced revenue collections that are experienced by new municipal courts (due to greater enforcement), flexibility in setting the number of judicial officers and court staff, City supervision of the Judge and Court staff, and enhanced coordination with the Management Services and Public Safety Departments (especially police officer schedules, thus reducing overtime costs). The drawbacks of a Municipal Court are the start-up costs and the possibly slightly higher annual operating cost. Attachments Summary of District Court Interlocal District Court Inteflocal District Court vs. Municipal Court Cost Comparison District/Municipal Court Staffing Analysis Potential funding sources for District Court Inteflocal or Municipal Court Committee Recommendation Option #1: Forward the proposed interlocal to the full City Council at its March 2 meeting with a do pass~r.~ommendation. oDirect the City Manager to begin the process of forming a Municipal Court to be n January 1, 2000, and direct that the appropriate ordinance be drafted and forwarded to the full City Council for first reading at its March 2 meeting. APPR.OVA L OF COM M lll"};E R E i'ORT: ~,~:~... .............. .:'' ..... ., ~_.....:..-: , ,.,. ...,,, ,c,' .:. .,,...,..., /, .. . z .... - Co~fifittee Chair C~mnittee Mt~ber ~'?.o~n,nitte. e ,Memberc'''' Summary of Terms of Interiocal Agreement for the Provision of District Court Services February 9, 1999 Parties: A separate contract will be offered by King County to each individual City that wishes to enter into this agreement. Each agreement will be substantively identical, except as noted below. Term: The length of the contract is five years, with an automatic extension for two additionalfive-year terms unless the contract is terminated by either party (see "Termination" below). To facilitate transitions to municipal court in the future or to facilitate development of a joint city-county jail/court facility, the additional term(s) may be shortened to less than five years if the City provides notice to the County that it will implement, such an alternative prior to the end of the next five year term. A special shorter initial term of three years has been requested by Federal W~y, Medina, Clyde Hill, Hunts Point, Yarrow Point and Beaux Arts. If these cities do not notify the County of their intent to create a municipal court at the end of the three year term (such notice to be given 18 months in advance), then their contract will extend an additional two years to be in Sync with the basic five-year term offered to all other cities. Termination: The agreement will automatically renew for an additional five-year term unless notice of termination is given 18-months in advance. The deadline for providing this termination notice extends if the parties are then engaged in negotiation of a separate capital financing contract (see below under "Capital") to allow full opportunity to complete negotiations before triggering the 18-month termination notice requirement. Termination may be for any reason. Price: The County will retain 75% of the revenues generated fi-om City cases filed in district court. The County will remit the remaining 25% to the City. The revenues split on this 7$/2$ formula include: fines, forfeited bail, penalties, court costs, and parking ticket paymentg Cities are no longer charged a "filing fee"for cases. The County will pay for all district court services, including interpreters and one-half of jury fees on City-filed cases. The City is responsible for paying its prosecutors, public defenders, witness fees, and one-half of the jury fees on City-filed cases. The County will remit to the State its share of local court revenues from City filings. The County will provide a detailed report monthly to each City detailing these revenues and payments; Cities will receive payments weekly. The 75/25 revenue split does not include capital facilities costs (see below). Each City is encouraged to do its own fiscal analysis comparing the cost of this agreement to the alternative of a municipal court. For most cities, this agreement is more expensive than the current District Court contract, but is less expensive than creating a municipal court. The County expects to recoup about 70-75% of its operating expenses under this agreement. Note that a City not currently operating a traffic school or traffic violations bureau as of January 1, 1999 must agree not to initiate such a program during the term of the contract (since these programs can skim significant revenues out of the courts). Services: Court services will be provided at essentially current (1998) levels over the life of the agreement, including County probation service. A special provision is included for Bellevue, which provides its own probation services, to allow Bellevue to at any time also receive probation services fi.om the County for no additional cost. Filing Fees: Filing fees, chargeable to defendants and not to the City, are established in the agreement. These fees are based on the County's costs of providing District Court. The new fees will be $175 for a criminal citation and $19 for an infraction; annual increases of these fees are built into the agreement. When judges impose these filing fees on d~fendants in' city-filed cases, 25% of any revenue derived woqld be returned to the City; 75% would be retained by the County. Capital Facilities: The agreement provides for the possibility of separate agreements under which the County and the City(s) could agree to jointly fund capital improvements for the District Court system. Capital Projects are defined as projects with a useful life of over five years, or major technology improvements, where such projects are not otherwise typically categorized by the County as "major maintenance. Capital Projects would also include any projects included by the County Council in the District Court Capital Improvement Program (no such projects are currently included). There are two types of capital projects: Division Improvements, which benefit the cities in a single Division of the District Court, and System Improvements, benefiting all cities in the system. Capital projects so defined would be discussed as follows: At the end of year three of each five-year term, the County will make a formal proposal to the City/Cities for capital facilities financing. Some of the projects might be System Improvements proposed to be funded jointly by the County and all District Court Cities. Other projects proposed might be Division Improvements proposed to be funded jointly by the County and all Cities in the relevant Division. There/s no requirement that a City agree to pay for any such facilities~ However, the County may elect to terminate the agreement at the end of the then-running five-year term for any reason, including non- participation in a project. Termination requires 18-months advance notice. This gives the County and the Cities incentive to seriously address capital project proposals. In addition to these "scheduled" discussions of capital, the County may bring forward certain capital proposals at any time for consideration by the City. Such "unscheduled" proposals must be approved by at least 60% of the city caseload in the Division or System (as appropriate to the proposed improvement) and not less than 40% in number of the cities in the Division/System in order to move forward at all. Even if the requisite number of cities approved a project, no City could be required to sign a capital cost-sharing agreement: instead, the County could choose to implement the project and to terminate the dissenting City's contract upon 18 months advance notice. The terms of a capital costasharing contract will be separately determined, and are not fixed at this time. However, unless otherwise agreed, the cost sharing formula is that a City will pay based on its percentage caseload in the Division/System, provided that combined cities' contributions to a project do not exceed 50% of the cost (see Contract for specific wording). This formula is consistent with the Court Commission Report in which the Cities participated last year, and which was incorporated into the SCA Regional Finance and Governance proposal. Re-opener: The agreement will be reopened in event of changes in law which alter significantly the economics of the deal. This could include legislation acted upon in 1999 (e.g., DUI legislation), and could include an adverse court decision invalidating part of the agreement. Performance Measures:. An agreed set of performance measures will be tracked at the Division and System levels to allow service levels, workload and perforfiaance to be tracked. Management Review Committee: A committee consisting of County, Court, and City personnel will be established in each Division. It will meet regularly to discuss and attempt to resolve operational issues. Dispute Resolution: Issues not resolved bythe Management Review Committee are first referred to the chief executives of the County and City for resolution, then to non- binding arbitration. System wide conflicts (such as issues around interpretations of the Agreement) are referred to a comparable system-wide committee, then to a panel of the presiding judge/designee, county executive/designee and two city representatives. If they are unable to resolve the issue, it goes to non-binding arbitration. Legislative Advocacy: The parties agree to jointly advocate for a larger share of court revenues to be retained at the local level; to upgrade the statewide court computer systems; and to such other issues as they may agree in the future. · Indemnification: The agreement includes mutual indemnifications. No Other Agreement: The County agrees not to enter into an agreement for court services with any city not an original party to this agreement on terms and conditions other than set forth in this agreement, as it may be amended. · Other sections: The agreement includes standard agreement language on notice and other issues. Interlocai Agreement for Provision. of District Court Services between King County and the City of Whereas, the City of ., Washington, (hereinafter, the "City) and King County (hereinafter, the "County") have reached agreement on the terms and conditions on which the City will purchase and the County will provide district court services; and Whereas, respect to over time the City and the County wish to provide for a contractual arrangement with provision of such district court services .which provides certainty to both parties as to costs incurred and services provided and received; and Whereas, RCW 3.62.070, as amended, provid, es for the charging of a filing fee for every criminal or traffic infraction action filed by c~ties in county district courts for municipal ordinance violations; and ' Whereas, RCW 3.62.070, as amended, further provides that such filing fees b.e established pursuant to an agreement as provided for in chapter 39.34 RCW, the Interlocal Cooperation Act; and Whereas, consistent with these statutes, the parties have negotiated the terms of this interlocal agreement which includes the establishment of individual infi'acfion and cimt~[ah filing fees and provides for the payment of certain presc.ribed amounts by the City in lieu of such filing fees; and - .. Whereas, the parties agree that it is in their best interest tO ensure the continued responsive, effective and efficient delivery of district court services by the County to the City, in the manner described herein; NOW, THEREFORE, in consideration of the mutual benefits described herein, the undersigned parties agree as follows: Section 1. Term. This Agreement shall be effectiv~ as of January 1, 2000, and shall remain in.effect for an initial term of-five years ending on December 31, 2004, provided that unless terminated pursuant to Section I. I or alternately extended pursuant to Section 1.2, this Agreement shall automatically be extended upon the same terms and conditions for an additi'onal five year term commencing Jalluar-y 1, 2005, and ending on December 31, 2009. In addition, this Agreement shall automatically extend upon the same terms and conditions for a second additional five-year term thereafter (commencing January 1, 2010, and expiring on December 3 I, 2014), unless terminated or alternately e×tended as provided herein. 1.1 Termination. This Agreement is terminable by either party without cause and in its sole discretion if such party provides written notice to the other no later than 18 months prior to the expiration of the five year term then running. For the initial five year term, this notification date is June 30, 2003. The termination notice date may be changed as provided in Section 1.2. 1.2 Alternate Extension. Notwithstanding the foregoing, the term. of this Agreement may be extended as described below: 1.2.1 Shorter Term Extension Upon Notice of Alternative Court Arrangements. If, on or before the date which is 18 months prior to the final anniversary date of any five- year contract period, the City certifies to the County that it intends to create or join a municipal court, or create or participate in a new court facility with the County at some time after January 1, 2005, and the City provides an estimate of the date on which such new court or facility arrangement will commence, then this Agreement shall remain in effect until such time as. the City actually initiates such municipal court operations or the new County/City court facility is opened. The parties agree to negotiate a transition plan to address issues relating to such change in court and/or facility status. The purpose of this section is to facilitate a shorter extension of the Agreement if necessary to accommodate change in c~)urt or facilities, and to provide for an orderly transition in status of court arr~.gements for the City. 1.2.2 Extension pending conclusion of negotiations with respect to amending Agreement or Capital Project Financing Contract(s). So long as the parties are negotiating in good faith for changes in this Agreement or a separate Capital Project Contract or Contracts (defined in Section 4.2), then the term of this Agreement.shall be autonl.a3ically extended on the same terms and conditions such that termination occurs not less than 18 months after the end of such good faith negotiations. The end of good faith negotiations may be declared in writing by either.party. Following such declaration, . there shall be a 30 day period in which either party may provide written notice to the other party of its intent to terminate this Agreement at the end of the extended Agreement term. The purpose of this section is to ensure that neither party is forced to arbitrarily conclude negotiations for lack of time to address budgetary or operational concerns and to provide an opportunity for provision of timely termination notice after negotiations are concluded. 1.3 (Special provision for Cities of Medina, Clyde Hill, Hunts Point, Yarrow Point,' Beaux Arts and Federal Way). Early Termination Option. The City has the option to terminate this Agreement for any reason effective January 1, 2003, provided that the City gives written notice to the County of such termination not later than June 30, 2001, which notice shall certify that the City will be filing its cases in a municipal court as of January 1, 2003. If the City fails to provide such notice, then the term of this Agreement shall be automatically extended through December 3 I, 2004, and all other provisions regarding extension of this Agreement shall apply. Section 2. District Court Services. The County shall provide District Court Services for all City cases filed by the City in King County District Court. District Court Services as used in this Agreement shall mean and include all local court services imposed by state statute, court rule, City ordinance, or other regulation as now existing or as here. after ,~nended, except that this Agreement is subject to re-opener as described in Section 5. District Court Services include all local court services currently provided by the County. to the City including: filing, processing, adjudication, and penalty enforcement of ail City cases filed, or to be filed, by the City in District Court, including but not limited to issuance of search and arrest warrants, motions and evidentiary hearings, discovery matters, notification and subpoenaing of witnesses and parties, bench and jury trials, pre- sentence investigations, sentencings, post-trial motions, the duties of the courts of limited jurisdiction regarding appeals, and any and all other court functions as they relate to municipal cases filed by the City in District Court. District Court Services shall also include probation services unless the City notifies the County in writing that it does not wish the County to provide probation service at least six months prior to January 1 of the year in which probation services shall not be provided. The County shall provide all necessary personnel, equipment and facilities to perform the foregoing described District Court Services in a timely manner as required by law and court rule. 2.1 Level of Service. District Court Services shall be provided at a level essentially equivalent to those providkd to the City. in 1998. The parties intend by this provision to maintain the overall level and type of service as was provided in 1998, including scheduling of court'calendars, but to permit the County to make minor service modifications over-time if necessary. 2.2 (special provision for Bellevue) Probation Services. Consistent with the definition of District Court Services, although the City (Bellevue) does not, as of the effective date of.~.this. Agreement, receive probation services from the County, the City may at any time req'fi~st such services be provided by the.County for no additional cost to the City. Such request shall be maple at least six months prior to January 1 of the year that Bellevue wants to have the County provide probation s~vices. Additionally, the City may request the County provide collection services for the City's probation department under comparable terms as received by the County probation department from the County Finance Office. Section 3. Filing Fees Established; City Payment In Lieu of Filing Fees; Local Court Revenues Defined. 3.1 Filing Fees Established. A filing fee is set for every criminal citation or infraction filed with the District Court. The filing fee is $175 for a criminal citation and $19 for an infraction. (The basis for. this filing fee is shown in Exhibit A, attached). Filing fees will increase at the rate of an additional $5 per year for criminal citations and $ .50 per year for infractions. 3.1.1 Compensation For Court Costs. Pursuant to RCW 3.62.070 and RCW 39.34.180, the County will retain 75% of Local Court Revenues (defined below) as full payment for all City court costs, including those filing fees established in 3.1. The Cities shall receive 25% of Local Court Revenues. The County retention of 75% of Local Court Revenues is in lieu of direct City payment for filing fees and it is agreed by the Cities and County to be payment in full for District Court Services and costs provided by the County to the City under this Agreement, including but not limited to per-case filing fees. 3.2.1. In entering into this Agreement for District Court Services, the City and County have considered, pursuant to RCW 39.34.180, the anticipated costs of services, anticipated and potential revenues to fund the services, including fmcs and fees, filing fee recoupment, criminal justice funding, and state sales tax funding. 3.3 Local Court Revenues Defined. Local Court Revenues include all fmcs, forfeited bail, penalties, court cost recoupment and parking ticket payments derived from city-filed cases after payment of any and all assessment~ required by state law thereon. Local Court revenues include all revenues defined above received by the court as of opening of business January 1, 2000. Local Court Revenues exclude: 1. Payments to a traffic school or traffic violation bureau operated by a City, provided that, if the City did not operate a traffic school Or traffic violations bureau as of January 1, 1999, the City will not start such a program during the term o:f this Agreement. · Restitution or reimbursement to a City or crime victim, or other restitution-as may be awarded by a judge. Probation revenues. Any reimbursement received by the County for intdrpreter fees. Reimbursement for home detention and home monitoring, public defender, jail costs, witnesses and jury fees on City-filed cases. : 100% of thes~ revenues excluded from "Local Court Revenues" shall ..he. retain, ed by the party to whom they are awarded by the court or who operates o.r contracts for the program involved, as appropriate. 3. 4. 5. 3.4 Monthly Reporting and Weekly Payment to City. The County will provide to the City a weekly remittance report and a check or wire transfer to the City from the County for the City's 25% share of Local Court Revenues (less appropriate mounts for jury fees) no later than three business days after the end of the normal business week. On a monthly:basis, the County will provide to the City reports listing City cases filed and revenues received for all City cases on which the 75/25 allocation of Local Court Revenues is calculated in a format consistent with the requirements described in Exhibit B. Unless modified by mutual agreement, Exhibit B shall set out the process and content for financial reporting to the City from the County. In order to facilitate smooth implementation of this contract the agreed monthly report format will be used by the County in parallel with reporting in place prior to this agreement as of September 1999 through December 1999. Any weekly reporting would run in parallel beginning November 1, 1999 through December 31, 1999. 3.5 Payment of Other Court-related costs. Consistent with the definition of Local Court Revenues, the City will be responsible for payment of all witness fees on City-filed cases and one-half of the jury fees on City-filed cases. The CounW is responsible for paying all interpreter fees and one half of the jury fees on City-filed cases. To'facilitate the timely payment of these amounts, the County will pay the City-share of City jury fees to the third parties to whom such mounts are due, and will deduct these mounts from the City share of Local Court Revenues monthly. Such deductions will be detailed on the monthly financial report consistent with Exhibit B. The County assumes responsibility for making such payment of City jury fees on a timely and accurate basis. 3.6 Payment of State AsseSsments. The County Will pay on behalf of the City'all amounts due and owing the State relating to City cases filed at the District Court out of the gross court revenues received by the District Court on City-filed cases. The County. assumes responsibility for making such payments to the state as agent for the City on a timely and accurate basis. As full compensation for proyiding this service to the City, the County shall be entitled to retain any interest earned on these funds prior to payment to the State. Section 4. Capital Projec.ts : 4.1. Capital Prt;jec.ts Defined. Capital Projects are those projects which do not constitute major maintenance or ordinary maintenance items in the customary practice 6fthe County, have a useful life of not less than five years (unless otherwise agreed for a particular project, or constitute a significant technology system improvement),f~)are part of a Capital Improvement Program for the District Courts approved by the County Council. Without limitation, examples of Capital Projects include construction of a new cotmmom with a useful life of five 'years or more or acquisition of a system-wide records .management system. Capital Projects do not include the cost ofoperating or maintaining such projects. .-: '~'~' 4.2 Capital Project Contracts. A Capital Project Contract, as used herein, is a separate contract between the County and the City or cities that includes the terms and conditions under which a.Capital Project will be aCquired. Notwithstanding anything in this Agreement to the contrary, a Capital Project Contract may include any terms and conditions to which the parties may agree. Failure to reach agreement on a Capital Project Contract shall in no event constitute a breach of this Agreement. 4.3 No Capital Projects Currently Scheduled. As of the date of this Agreement, the County has no Capital Projects scheduled for the District Court in the County Council approved 1998-2003 Capital Improvemeht Program, with the exception of the new Issaquah Division Courthouse, which Capital Project is not subject to the terms of tiffs Agreement. 4.4 Scheduled Discussion of Proposed Capital Projects. Not later than the end of year three of the initial Agreement term (December 31, 2002), the County will present in writing to the City a proposal describing any.proposed Capital Projects the County wishes to acquire for the District Court Division or System in the next occurring five year period (e.g., Years 4 and 5 of the initial Agreement term, and years I through 3 of the next occurring Agreement term, should the Agreement be extended consistent w'ith Section 1). Such proposal shall at the same time be presented to all other cities in the Division/System with Comparable Agreements (def'}ned in Section 4.5.1 below). City and the County shall work with the other affected cities w/th Comparable Agreements to negotiate the terms of any Capital Project Contract. The 4.4.1 The parties agree to negotiate in good faith with regard to such proposed Capital Projects to determine whether it is in the mutual interest of the parties to provide for the acquisition of such Capital Project(s) under a separate Capital Project Contract, and what the terms of such separate Contract will be. 4.4.2 It is the goal of the parties that, with respect to Proposed Capital Project Contracts, negotiations be concluded within 6 months (by June 30, 2003), in order to permit either party to give timely notice of termination of this Agreement consistent with Section 1.1. If good faith negotiations are continuing as of such notice date (June 30, 2003), the term of this Agreement shall extend as provided under Section 1.2. 4.4.3 If this Agreement is extended for an additional term of years as provided in Section i, then tl'/e County will again provide a set of proposed Capital Projects for consideration by the City at the end of year 8 (December 31, 2007) and the sa,fie process for discussion and/or negotiation of separate capital agreements shall proceed as provided above. 4.5 Capital Cost Sharing Proposal The parties agree that the cost of a Capital Project will..h~,shared on the following basis unless the parties agree otherwise for a particular project. For the purpo, se of Sections 4.5 and Sections 4.6 caseload is defined as the total number of all cases including infractions and parking, regardless of how filedgAn the · entire District Court or the relevant Division. The caseload for the City is defined as all cases filed as City cases including infractions and parking in the District Court. 4.5.1 Division Improvements. Division Improvements are Capital Projects that benefit the cities in a single District Court Division. Unless otherwise agreed, the costs for a division improvement shall be shared on the follo~wing basis: the City will pay a cost share eq.uivalent to the City's percentage caseload in the Division; provided that .where more than one city contracts with the County for District Court Services in the same Division under an agreement with this same capital cost sharing provision ("Comparable Agreements'"), and the City and suc. h other cities collectively contribute over one-half the caseload to the Division, the City shall '~ay its pro-rata share of the Division Improvements costs based on its caseload where all city contributions shall together equal 50 % of the cost of the Project. The County shall pay any additional share of costs not attributable to City cases, but not less than 50% of the total. 4.5.2 System Improvements. System Improvements are def'med as Capital Projects that benefit all Divisions of the District Court. Unless otherwise agreed, the costs for a system improvement shall be shared on the following basis: the City will pay a share equivalent to its percentage caseload of the System caseload, provided that the cost contribution of all cities in the System shall not exceed 50%. The County shall pay any additional share of costs not attributable to City cases, but not less than 50% of the total. 4.6 Unscheduled Capital Proposals Not In the County's CIP And Not Approved In Section 4.4 In addition to the Scheduled Capital Proposals described in Section 4.4, the County may at any time present a capital proposal to the City regarding an emergency need of the District Court or other need not anticipated in the CIP process. County shall submit such Unscheduled Proposals to ali cities with Comparable Agreements as appropriate to the Pri~posal (e.g., Division Improvements shall be presented to all cities with Comparable Agreements in a Division). The County and the City shall work together with such other cities to determine whether a sufficient number of cities as defined below agree to the Capital Proposal: 4.6.1 Division Improvements. In the case of Division Improvements (defmed in Section 4.5.1) if cities comprising at least 60% of the city caseload in a Division and not less than 40% of the number of cities signatory to this Agreement and Comparable Agreements in such Division reach agreement with the County on a Capital Project Contract, then such Cbntract shall be entered into and shall be effective fox' only those parties signatory to such Capital Sharing Contract. City caseltad is defined as all cases filed by any city in.a division. However, if there are only two cities in a Division, then both cities must agi'ee to a Capital Project Contract for it to be executed between the City and the County. 4.6.2 System Improvements. In the case of System Improvements (defined in Section 4.4..2)~ if Cities comprising at least 60% of the city caseload in the System and not less than 40% of the number of cities signatory to this Agreement arid Comparable Agreements reach agreement with'the County .on a capital sharing contract, th'eh-such contract shall be entered into and shall be effective for all parties signatory to such capital sharing contract. 4.6.3 County-Option to Terminate. If the City is in a Division with more than two cities purchasing District Court Services and the necessary number of other cities have reached final agreement with the County as described in Section 4.6.1 to proceed with a Capital Project Contract for a Division Improvement but the City does not agree to sign such Contract, then the County in its sole discretion may terminate this Agreement effective as of the next occurring January I which is not less than 18 months fi-om the date on which the County provides writt.en notice to the City of the County's intent to terminate the Agreement based on the refusal of the City to sign the Capital Sharing Contract. If the County and the necessary number of cities have reached final agreement with the County as described in Section 4.6.2 to proceed with a Capital Project Contract for a System Improvement but the City does not agree to sign such Contract, then the County in its sole discretion may terminate this Agreement effective as of the next occurring January I which is not less than 18 months from the date on whic~h the County gives written notice to the City of the County's intent to terminate this Agreement based on the City's refusal to sign the Capital Sharing Contract. It is the intent of the parties that this option to terminate may be exercised by the County only when Capital Project Contracts for Unscheduled Capital Proposals are entered into by the required o.umber of Cities described in Sections 4.6.1 and 4.6.2. 4.7 Eastside Cities Jail Facility. The County agrees to explore in good faith with Cities in the Northeast and Bellevue Divisions the possibility of co-locating court facilities, funded under the capital funding provisions in this Agreement, or leasing court space in an Eastside jail facility, if one is developed by the cities. The parties do not intend by this provision to limit their consideration of options for proceeding with such a facility. 4.8 Other Agreements Not Prohibited. Nothing in this Agreement shall be construed · to prohibit separate agreements between the County and a City to purchase or lease facilities. Section 5. Re-opener. In the event of.' -' .. (i) changes in state statute, court rule, City ordinance, or other regulation requiring the County to provid6 new court services not included in District Court Services as provided by the County during 1998, or resulting in reductions or deletions in District. C6urt Services provided-during 1998. Provided such new services or redUction of services are reasonably deemed to substantially impact the cost of providing such services; or (ii) any decree of a court of competent jurisdiction in a final judgment not appealed from substantially altering the economic terms of this agreement; or iii) chg~. ges in state statute, court role, City ordinance, or other regulation which substantially alter the revenues retained or received by either the'County or. Cities related to City case filings; .- Then, the parties agree to enter into re-negotiation of the terms of this Agreement. The Agreement shall remain in full force and effect during such negotiations. Section 6. Performance Measures. The parties agree thaf the performance measures described in Extfibit C will be periodically reported not less frequently than quarterly on a Division .or System-wide basis, as indicated. These measures are for continuous discussion and review by the Management Review Committee, and are not the basis for non-payment by either party. The performance measures may be altered from time to time as agreed by the Management Review Committee. Section 7. Management Review Committee. For the purpose of reviewing and resolving Division operation and coordination issues between the County and City and other cities within the Division, there shall be established a Division Management Review Committee. The Management Review Committee members shall include: (i) The judge representing the Division on the'District Court Executive Committee or his/her designee; .. (ii) A representative from the King County Department of Adult Detention; (iii) A representative from the King County Probation Office; (iv) A representative for each city at the city's discretion (v) Such additional representatives from the City Police Department, City legal department and City prosecutorial staff or other staff as the City may designate. (vi) At his/her option, a representative from the County Executive's office. (vii) The administrator of the appropriate court division. The Management Review Committee shall meet monthly, unless the parties-mutually agree to a different schedule. Any city within the Division, or the representative of the County Executive or the District Court is authorized to convene a meeting of the Management Review Committee upon a minimum often (I0) working days written notice to the other. The Man .agement Review Committee shall develop an agreed upon monthly reporting protocol, which will involve case tracking by the Courts, performance measure tracking, and additional statistical tracking by cities as the parties may agree. The Management Review Committee shall also develop and track additional performance benchmarks for Division operation issues as the parties may agree. 7.1 Unresolved Issues. Unresolved issues arising at the Management RevSew Committee shall be referred to the Dispute Resolution procedure defined for Division issues described in Section 8. 7.2 State Audit. The County will make available to the City the report of the State Auditor on any audit conducted regarding the court division providing services to the City. Section 8. Dispute Resolution. Any issue may be referred t6 dispute resolution if it cannot be resolved to the satisfaction of both parties through the Management:'Review Committee. Depending on the nature of the issue,' there are two different dispute resolution processes, described as follows: 8.1 Division Disputes. Disputes arising out of Division operation and management practices which are not resolved by the Management Review Committee will be referred to the Presiding Judge of the District Court (or his/her designee) and the Chief Execut'ive Officer of the City (or his/her designee); provided that where the dispute involves several cities with Comparable Agreements, the City agrees to work with other cities to select ~/ single representative. If these two persons are unable to-reach agreement within 60 days of referral, then the dispute shall be referred to non-binding mediation. The mediator will be selected in the following manner: The City shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two mediators shall select a third mediator who shall mediate the dispute. Alternately,. the City(s) and the County may agree to select a mediator through a mediation service mutually acceptable to both parties. 8.2 System Disputes. Disputes arising out.of District Court System operations or management, or involving the interpretation of this Agreement in a way that could impact the entire System and other Cities with Comparable Agreements, shall be referred to a conunirtee consisting of City representative from each Division selected by the'cities with Comparable Agreements in each Division, and a team of representatives appointed by the County Executive and Presiding District Court judge. Failure to reach an agreed upon solution within 45 days shall result in referral of the dispute to a panel consisting of: (1) the presiding district court judge or his/her designee; (2) the County Executive or his/her designee; (3) two City representatives (appointed by the Cities). Failure of this group to reach agreement within 30 days shall result in referral of the issue to non-binding mediation, conducted in the manner'described in Section 8.1. Section 9. Legislative Advocacy. The County and City agree to jointly advocate for changes in state law to secure a larger share of retained revenues from District and Mtmicipal Court filings. In addition, County and Cities will jointly agree to advocate for a state financed upgrade to the DISCIS system. The Oat-ties shall annually review whether there are additional opportunities for legislative changes of mutual interest. Section 10. Indemnification. .- 10.1 City Ordinances, Rules and Regulations. In executing this Agreement, the County does not hssume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances; rules or regulations, policies or procedures. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City,J~e County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. .' 10.2 City Indemnification of County. The City shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense thereof, for injuries, sickness or death of persons (including employees of the City), or damage to property, orthe violation of any person's civil fights, which is caused by or arises out of the City's ac~, errors o~ omissions with respect to the subject matter of this agreement, provided, however, (i) that the City's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of the County, its officers, agents or employees; and (ii) The City's obligation to indemnify, defend and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of the City and the County shall'apply only to the extent that the City's actions or negligence caused or contributedthereto. 10.3 County Indemnification of City. The County shall indemnify, defend and hold harmless the City, its officers, agents,and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense thereof., for injuries, sickness or death of persons (including employees of the County), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of the County's acts, errors or omissions with respect to the subject matter of this agreement, provided, however that The County's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of the city, its officers, 'agents or employees; and The County's obligation to indemnify, defend and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of the County and the City shall apply only to the extent that the County's actions or negligence caused or contributed thereto. 10.4 'Indemnification for Events Occurring Prior to Termination Of Court Services · The obligation to indemnify, defend and hold harmless for those injuries provided for in Sections 10.2 and 10.3 ex~ends to those events occurring prior to the termination of court services under fi:ds Agreement as provided in Section 1.1. No obligation exists to indemnify for injuries caused by or resulting fi'om events occurring after the last day of court services under this Agreement as provided in Section 1..1. 10.5 Actions Contesting Agreement. Each party shall appear and defend any action or legal proceeding brought to determine or contest: (i) the validity ofthls Agreement; (ii) Thedegal authority of the City and/or the County to undertake the activities contemplated by this Agreement. lfboth parties to this Agreement are not named as parties to the action, the party named shall give the other party prompt notice of the action and.provide the other an opportunity to intervene. Each party shall bear any costs and expenses taxed by the court against it; any costs and expenses assessed by a court against both parties jointly shall be shared equally. Section 11. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of the City a County employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded County employees by virtue of their employment. Nothing in tiff/; agreement shall make any employee of the County a City employee for any purpose, inclu~ling but not limited to for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded City employees by virtue of their employment. At all times pertinent hereto, employees of the County are acting as County employees and employees of the City are acting as City employees. Section 12. Notice. Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the ottrer party' To the County: King County Executive, Room 40(?, King County Courthouse.516 Third Avenue, Seattle, Washington 98104 To the City: (Insert title of Mayor, City Manager or City Administrator and address) Section 13. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair, or invalidate any other provisions hereof, and sUch other provisions shall remain.in full forde and effect. Notwithstanding the foregoing, this agreement shall be subject to re-negotiation as provided in Section 5. Section 14. Assignability. The fights, duties and.obligations of either party to this Agreement may not be assigned to any third pan3' without th~ prior written consent of the other party, which consent shall not be unreasonably withheld. '- Section 15. Captions. The section and paragraph captions used in this Agreement are for convenience only and-ghall not control or affect the meaning or construction of any of the provisions of this Agreement. Section 16. Entire Agreement. This Agreement, inclusive of the Exhibits hereto, contains the entire agreement and understanding of the parties w/th respect to the subject matter hereof, and supersedes all prior oral or written understan~tings, agreements, promises or other undertakings betWeen the parties. - ..... - Section 17. Amendment or Waiver. This Agreement may not be modified or amended except by written instrument approved by resolution or ordinance duly adopted by the City and the County; provided that changes herein which are technical in nature and consistent with the intent of the Agreement may be approved on behalf of the City by the Chief Executive or Administrative Officer of the City and on behalf of the County by the County .Executive. No course of dealing betWeen the parties or any delay in exercising any fights hereunder shall operate as a waiver of any fights of any party. Section 18. Right of Cities If Agreem.ent Modified Any executed amendment to this Agreement with any City with a comps-able agreement shall be made available on the same terms and conditions to any other city that contracts with the County for district court services, subject to unique and unusual circumstances specific to individual cities and approval of the management review committee for the division. Section 19. No Different Agreement. With citY The County agrees that it will not enter into an Agreement for court services with any city not an original party to this agreement on terms and conditions other than set forth in this agreement or as subsequently amended. 12 Section 20. No Third Party Rights. Except as e~cpressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. Section 21. Counterparts. This Agreement may be executed in two counterparts, and each such counterpart shall be deemed to be an original instrument. Both such counterparts together will constitute one and the same Agreement. IN WITNESS WHEREOF, the City and the County have executed this Agreement this __ day of ,1999. King County City..of King County Executive Date: Chief Executive or Administrative Officer Date: Approved as to Form: King County Deputy Prosecuting Attomey Approved.as to Form: · City Attorney EXHIBIT A CALCULATION OF FILING FEES (Section 3.1) BASED ON DISTRICT COURT COSTS PER CASE FILED District Court total budget* less Probation less State case costs less Court Administration costs less Office of Presiding Judge Net Costs Judicial Workload by Type of Filing AIIoqa, ted Costs by Type of Filing Number of'Total Filings Cost per Filing (estimated filing fee) 1998 est. totals $19,469,888 -($2,775,993) ($178,464) ($495,787) ($367,830) $15,651,815 Infraction Citation Civil Tot 20.1% 50.7% 29.2% 10C $3,146,015 $7,935,470 161,190 35,040 $19.52 $226.47 n.a. * total budget includes all Current Expense Fund, Criminal Justice Fund, overhead and security costs Exhibit B Interiocal Agreement for Provision of District Court Services Reporting Requirements and Procedures This exhibit identifies and describes reporting procedures for the County. These repons will enable cities to: · Ensure that the revenue fi.om City cases is appropriately credited to the City, enabling the City to reconcile the remittance to detail information. · Monitor revenue collection trends by filing year, case type, and disposition. · Have revenue reported in a way that matches the BARS account codes on remittances. . ' · Provide historical comparisons to current activity for forecasting purposes. It is the intentio.n to provide all reports in an efficient manner, through DISCIS or some other electronic method. ' 1. Reporting Development Committee to be established. A Reporting Development Committee (Committee) consisting of representatives from the County, and Cities party to the con. tract; shall be established to develop the form, content, and reporting mev. banism (e.g., paper or eleclxonic) for the reports outlined in sections below. The Committee shall develop these report formats no later than June 30, 1999. The Committee shall terminate effective Decembe.r..31, 1999. 2. Reporting Test Period. The agreed monthly report format will be used by the County in parallel with curreht reporting as of September I, 1999. Any weekly reporting would nm in parallel beginning November 1, 1999. During the test period all reports shall be provided to Cities for evaluation. Proposed changes to reports during this period shall be referred to the Reporting Development Committee. 3. Modifications to reports after January 1, 2000: Any new reports or changes to tile form, content, or timing of reporting requirements after January 1, 2000 will be recommended to and processed through the Management Review Committee (contract section 7), or a sub-committee established by that Committee, temporarily formed for the purpose of report evaluation. 15 4. Reporting requirements: a. Weekly Remittance Reporting Remittance Summary Report- To summarize revenue remitted to the City. the current format tO show: · The calculation of the City's 25% portion; · The number of cases (related to the payment amount); and · recoupmenffreimbursements and victims assistance at 100%. S_ upplement b. Monthly Filing Reporting . Jurisdiction Billing Report (DR7000PX) - To show listing of all City filings with the Court. '° Remittance Reconciliation Report- to reconcile the total due the City. Remittance & Dispo. sition Detail - to show remittance and disposition detail. c. ~fiaagement Reporting , Infraction Revenue Summary Report- To sho¢,Tsumm~y and detail 0f Parki'ng, Traffic, and Non-traffic infraction revenue in total and by type Criminal Citation Revenue - To show summary and detail of DWI, Criminal traffic misdemeanor, Non-Traffic misdemeanor revenue in total and by .type Annua4 Reporting. The.December report should summarize the results of the full year for all monthly reports where such YTD information is not provided on a monthly basis. 16 EXHIBIT C PERFORMANCE AND WORKLOAD INDICATORS The following items will be reported by the County on a quarterly basis unless, otherwise agreed, when available electxonically. o 4. 5. 6. 7. 8. Percentage completing probation by broad case type. Percentage of filings by case type which fail to appear or have a warrant issued DISCIS caseload report, which includes items such as filings by case type, dismissals and number of hearings. Number of guilty/committed by broad case type. Time from filling to disposition by broad case 'type Number of continuances requested/granted by broad case type Number of probation violation review hearings Citation re-offenders by broad case type o_ ~ o g~ . "6 ;~ c E~ DISTRICT/MUNICIPAL COURT REVIEW POTENTIAL FUNDING NEEDS AND SOURCES POTENTIAL NEEDS: 1. Estimated Municipal Court Startup Cost: 2. Projected Operating Cost Increase: a) District Court Contract b) Municipal Court $300,000 $145,000 $215,000 POTENTIAL SOURCES: 1. Sources Available for Capital Projects/Court Startup Costs: a) Unallocated General Fund Balance b) Unallocated Real Estate Excise Tax 2. Sources Available for Court Contract/Operation: a) Fines and Forfeiture Revenue Exceeds Budget b) Additional Criminal Justice MVET Distribution $732,191 $670,000 $150,000 $70,000 ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY OF FEDERAL WAY CREATING A MUNICIPAL COURT TO COMMENCE OPERATION ON JANUARY 1, 2000, PROVIDING FOR THE APPOINTMENT OF A MUNICIPAL JUDGE, AND 'AMENDING CHAPTER 2 OF THE FEDERAL WAY CITY CODE BY ADDING A NEW ARTICLE X WHEREAS, the City of Federal Way is an optional municipal code city with a population of less than four hundred thousand, and WHEREAS, Chapter 3.50 of the Revised Code of Washington allows such cities to create and operate a municipal court, having the jurisdiction and powers set forth herein; and WHEREAS, the City considers the creation of a Federal Way Municipal Court to be in the best interests of the citizens of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new Article X, to Chapter 2, "Administration", entitled Federal Way Municipal Court is hereby added to the Federal Way City Code (FWCC), to read as follows: 2-306. Creation. The Municipal Court of the City of Federal Way ("the Court") is hereby created, which shall have jurisdiction and exercise all powers vested in the Court by Chapter 3.50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally c(,nferred on such courts in Washington, either by common law or express statute. The Municipal Court shall commence operation January 1, 2000. 2-307. Jurisdiction. The Court shall have exclusive original jurisdiction over traffic infractions arising under City ordinances, and exclusive original criminal jurisdiction of all violations of City ordinances. The Court shall have original jurisdiction of all other actions brought ORD # ., PAGE 1 to enforce or recover license penalties or forfeitures declared by City ordinance or state statute. The Court is also empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such City ordinances, to issue process including but not limited to subpoenas and search warrants, and to pronounce judgment in accordance therewith. Finally, the Court shall have the jurisdiction as conferred on it by statute. Notwithstanding the foregoing, the District Court for King County, Federal Way Division, shall continue to have jurisdiction over a matter filed with the District by the City of Federal Way and which matter is not transferred by order of the Federal Way Municipal Court. 2-308. Violations Bureau. A. Creation. The Federal Way Violations Bureau is hereby created to operate under the supervision of the Municipal Court to assist the Court in processing traffic cases. The Violations Bureau created by this section shall commence operation January 1, 2000. Day to day operations of the Violations Bureau shall be supervised by the court administrator. B. Processing. The Violations Bureau is authorized to perform all of the functions authorized under RCW 3.50.030, at it exists or as it may hereafter be amended. The violations bureau shall operate in conformity with state statutes such as RCW Chapter 46.63 and RCW 3.50.030 as they now exist or may hereafter be amended. All penalties and forfeitures paid to the violations bureau shall be handled in the same manner as municipal court revenue. 2-309. Disposition of Revenue. Costs in civil and criminal actions may be imposed as provided in district court in RCW 3.62.060 and in RCW 10.01.160 as they exist or as they may hereafter be amended. All fees, costs, fines, forfeitures and other money imposed by the Municipal ORE) # , PAGE 2 Court for the violation of any City ordinances shall be collected by the Court Clerk, and, together with any revenues received by the Clerk, shall be deposited with the City Finance Director, in conformance with procedures adopted by the City Manager or designee, or state law. These funds shall be retained or disbursed pursuant to City ordinances or policies and state law, such as RCW 3.50.100. 2-310. Municipal Judge. A. Appointment. Within thirty (30) days after the effective date of this ordinance, the City Manager shall appoint a municipal judge, who shall commence work on or about December 15, 1999, and who shall work less than a full time equivalent as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Pursuant to RCW 35A. 13.080, this appointment is subject to confirmation by the City Council. B. Term. The Municipal Court judge shall serve a term of two (2) years, with the initial appointment of the judge under this ordinance expiring December 31, 2001. On or before December 1, 2001, the City Manager shall make an appointment of a judge for a term commencing January 1, 2002 and expiring December 31, 2005, provided that, the judicial position continues as a less than full time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Appointments, if appropriate, for each term thereafter shall be made on or before December 1 of the next preceding year in which the judicial term commences. In the event that the judicial position becomes a full time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended, an election shall be conducted the year preceding the expiration of the appointed term. ORE) # , PAGE 3 C Judicial Qualifications. At the time of the appointment or election, the person appointed or elected shall be qualified for the position of municipal judge under city rules as the City Council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040 and RCW 3.50.050. D. Additional Judges. Additional full or part time municipal judge positions will be filled in accordance with RCW 3.50.055 as it now exists or may hereafter be amended, when in the judgment of the City Manager and/or the City Council, as applicable, the public interest and the administration of justice makes such additional judge or judges necessary. E. Judges Pro Tem. The City Manager shall, in writing, appoint judges pro tern who shall act in absence, disability, or disqualification of the regular judge of the Municipal Court. A pro tem judge's term of appointment shall also be specified in writing, but in any event shall not extend beyond the City Manager's termination of employment. The judges pro tern shall receive such compensation as shall be fixed by the ordinances of the City. When deemed necessary by the City Manager or designee, the City Manager or designee may make a temporary appointment of a judge pro tem, to preserve an individual's rights according to law, or to respond to emergency circumstances, effective for up to one week. Such temporary appointment shall be the same as other appointments of judges pro tern, except that the appointment and the term thereof do not need to be in writing and the oath of office may be orally sworn to or affirmed before the court administrator or court clerk. F. Vacancy. Any vacancy in the Municipal Court due to death, disability, or resignation of a judge shall be filled by the City Manager, for the remainder of the unexpired term. The appointment shall be subject to the confirmation of the City Council. The appointed ORD # ., PAGE 4 judge shall be qualified to hold the position of judge of the Municipal Court as provided in this section. G. Removal. During the term of his or her appointment or election, a Municipal Court judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office; provided that, a Municipal Court judge is also subject to disciplinary actions by the Commission on Judicial Conduct and the Supreme Court, as described in RCW Chapter 2.64. H. Oath. Every judge of the Municipal Court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of the City of Federal Way, according to the best of my ability." The oath shall be filed in the office of the King County Auditor and with the Federal Way City Clerk. I. Bonds. Every Municipal Court judge shall give such bonds to the state and City for the faithful performance of the judge's duties as may be required by law or City ordinance. J. Compensation. Pursuant to RCW 3.50.080, the compensation for the Municipal Court judges shall be set by the City Council by ordinance. Other terms of employment ORE) # ~ PAGE 5 shall be set by a Personal Services Agreement which may be executed by the City and the appointed judge. 2-311. Municipal Court Commissioner. Pursuant to RCW 3.50.075, Municipal Court commissioners may be appointed by the Municipal Judge, and shall serve at the pleasure of the judge. 2-312.. Court Operation. As part of the bi-annual preliminary budget presentation, the Law Department will prepare a budget for the court and the City Manager will make a recommendation on such budget to the City Council. The bi-annual budget for the Municipal Court shall be approved by the City Council. All employees of the Municipal Court shall, for all purposes, be deemed employees of the City. They shall be subject to applicable provisions of City personnel guidelines, and state laws, such as RCW 3.50.080. 2-313. Sessions. The Municipal Court shall be open and shall hold such regular and special sessions as may be prescribed by City Council; PROVIDED, that the Municipal Court shall not be open on nonjudicial days, as established by state law. This section shall not prevent the municipal judge from granting telephonic approval or entry of search warrants, issuing no contact orders, or determinations of probable cause, regardless of whether the Court is officially open. 2-314. Municipal Court Seal. The Municipal Court shall have a seal which shall be the vignette of George Washington, with words "Seal of The Municipal Court of Federal Way, State of Washington" surrounding the vignette. 2-315. Case Transfers. A transfer of a case from the Municipal Court to either another municipal judge of the City of Federal Way or to a judge pro tempore appointed in the ORD # ., PAGE 6 manner prescribed by this chapter shall be allowed as provided in RCW 3.50.125 as it now exists or may be amended. 2-316. Jury. Trial and Fee. Jury trials shall be allowed as specifically provided for municipal courts or in accordance with state law applicable to a particular matter. Jurors shall be reimbursed for their costs and mileage pursuant to RCW 3.50.125 for each day in attendance upon Federal Way Municipal Court. These fees may be included in the costs that are imposed by the Court upon a defendant. 2-317 Sentencing. The Municipal Judge shall have the broadest authority and greatest discretion consistent with the Federal Way City Code and state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing, and termination of probation, the Municipal Judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.340, and 3.50.440. 2-318. Criminal Process. All criminal process issued by the Municipal Court shall be in the name of the State of Washington and run throughout the State, and be directed to and served by the chief of police, marshal, or other police officer of any city or to any sheriff in the state. 2-319. Complaints. All criminal prosecutions for the violation of a City ordinance shall be conducted in the name of the City and may be upon the complaint of any person, subject to the procedures set forth in all applicable ordinances and statutes. 2-320. Pleadings. Practice and Procedure. Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing ORD # , PAGE 7 pleadings, practice and procedure applicable to district courts, particularly the Washington Rules for Courts of Limited Jurisdiction, and Local Rules of the District Court for King County. Section 2. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRIST~ GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL ORD # ~ PAGE 8 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:/ord/municourt ORD # , PAGE 9