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Council PKT 07-20-1999 Special/RegularCITY CO UNCIL MEE TING A GEND/t JULY20, 1999 COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watkins City Manager Kenneth E. Nyberg WAY' CITY C · CALL MEETING TO ORDF~ He ADULT ENTERTAINMENT, ACTIVITY, RETAIL OR USE EXCUTIVE SESSION Litigafion/Purmmat to RCW 42.30. ll0(l~i) ADJOURNMENT REGULAR MEETING - 7:00 PM CALL MEETING TO ORDER He IV. ao PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation/National Night Out 1999 ]~hiq~ Board Intro~l~lqtion/Certifieate of A_opointment Diversity_ Commission Introductions/Certificates of A__opo~tment Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. C3ti~eas may address City Council at this time. When recognized by the Mayor, please corot forward to tht podium, adjust the microphone to proper height, and state yom' name and ~rtss for tht rtcor& PLRASB LIMIT YOO'R REMARI~ TO THREE O) MINOTB$. The Mayor may interrupt citizen comnm~ that contlnut too long, relate ntgativety to other individuals, or are otherwise inappropriate. over please . . . VI. CONSENT AGENDA at lVlinu~Julv 6. 1~ Re~ Meetins~ Council Bill ~219/Adult Enteminment. Activity. Retail or Use/ Enactment Ordinance Council Bill {t'226/Cou~_ ard Villn_~e Develoument _A~~t~tment Ordinance Public Safety_ Di _spatch ,~vices Request fo~ Community_ Development Services ]DeveJop_ rnent S_ue~st Position Parks Equipment Replacement CITY COUNCIL BUSINESS CanceLlation of Aueust 17. 1999 Regular Meetin~ CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Litigation/Pursuant to RCW 42.30. ADJOURNMENT ** THE COUNCH. MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LI,~I~D ON THE AGENDA ** PR OCLAMA TION WHEREAS, the National Association of Town Watch (NA TW) is sponsoring "National Night Out", a unique, natiornvide crime, drug and violence prevention program on August 3, 1999; and WHEREAS, the "16th Annual National Night Out"provides a unique opportunity for the City of Federal Way to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the City of Federal Way plays a vital role in assisting the Federal Way Police Department through joint crime, drug and violence prevention efforts in the City of Federal Way; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" programs; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim Tuesday, August 3, 1999, as "NATIONAL NIGHT OUT" in the City of Federal Way, Washington, 'and do hereby call upon all citizens to join with us and the National Association of Town Watch, in supporting the "16th AnnuaI National Night Out" on August 3, 1999. SIGNED this 20th day of Jldy, 1999. CITY OF FEDERAL WA Y Ron Gintz, M~,or Michael Park, Deputy Mayor Jeanne Burbidge, Councilmember Jack Dovey, Councihnember Mary Gates, Councilmember Linda Kochmar, ~ouncilmember Phil Watkins, Councilmember 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: $ N/A Expenditure Amt: $ N/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of July 6, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Approve Official Minutes 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 Council Chambers - City Hall July 6, 1999 AGENDA CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:03 PM. Council present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar, and Watkins. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Deputy Mayor Park led the Pledge of Allegiance. Ill. PRESENTATIONS a. SPIRIT Award/Month of July City Manager Kenneth Nyberg presented the July SPIRIT Award to Officer John Stray of the Public Safety Department. Accepting for Mr. Stray was Public Safety Director Ron Wood. b. Proclamation/Tom Vander Ark Day Councilmember Jack Dovey read the proclamation proclaiming June 22, as Tom Vander Ark Day and presented the proclamation to former School District Superintendent Tom Vander Ark. Mr. Vander Ark thanked Council and especially City Manager Kenneth Nyberg for the cooperativeness and working relationship the two entities have shared over the past five years and wished Mr. Nyberg happiness in his retirement. Mr. Vander Ark received a standing ovation. c. Emerging Issues Derek Matheson, Assistant to the City Manager updated the Council on the formation of the Municipal Court. Mr. Matheson stated the city is on schedule to have the court up and running on the first of January 2000 and stated the Court Administrator has been hired and a request for qualifications has gone out for the Judge. Mr. Matheson also addressed operating policies and thanked the District Court and Court Administrator Linda Weigel for their cooperation in the process. City Council Regular Meeting July 6, 1999 - Page 2 Mayor Ron Gintz clarified a question raised at the last City Council Meeting regarding roll call votes. Mayor Gintz stated section 2.1 of the Council Rules states any member of the Council may call for a roll call vote at anytime. Mayor Gintz explained the reason he would call for a roll call vote anytime an issue is not unanimously voted on is so the television audience and the record could easily discern who voted how. IV. CITIZEN COMMENT H. David Kaplan, asked for volunteers to assist in maintaining the Blueberry Farm and thanked the Parks Department, Public Safety Department and Community Development for the successful Red, White, and Blues Festival on July 4*. Jay Yanke, spoke regarding the Comprehensive Plan Amendments opposing site request #4 which would allow for commercial intrusion. Steve Nagode, spoke regarding bicycle safety for commuters and improving roadways for cyclists. Mr. Nagode delivered a letter to be forwarded to the Land Use/Transportation Committee. V. CONSENT AGENDA Minutes/June 15, 1999 Regular Meeting - Approved V0ucher/July 6, 1999 - Approved Monthly Financial Report/May 1999 - Approved Soroptimist Flag Display - Approved Blueberry Farm Operation - Approved CDBG & HOME Agreements/2000-02 - Approved Twin Lakes/Brigadoon Neighborhood Traffic Safety Task Force Recommendations - Approved COUNCILMEMBER DOVEY MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VI. PUBLIC HEARING 1999 Comprehensive Plan Update/Selection Process Mayor Gintz explained the procedures that would be followed for the public hearing and opened the public hearing at 7:40 PM. City Council Regular Meeting July 6, 1999 - Page 3 -Staff Presentation Senior Planner Margaret Clark reviewed the 9 site requests, summarized each for Council and presented the Land Use/Transportation Committee and Staff recommendations for each request. -Citizen G0mment Donald Barovic, requested approval of site specific request # 9 and asked Council to move forward allowing the area to be developed. Susie Horan, representing Novastar asked Council to approve site g9 allowing it to go forward for further study. Ms. Horan stated the developer will work within the sensitive areas. Colleen Stem, opposed to site request #2; asked what would be located in the new zoning if approved. Rich Costanzo, applicant for site request #2 - stated proposed use is drug store and stated the development would have extensive landscaping if allowed. Mr. Costanzo stated they would accept limited use approval. Martin Durkan Jr,, asked Council to follow staff recommendation for site request//2 allowing the request to go forward. Jay Yanke, stated he would stand on his earlier statement given under Citizen Comments opposing site specific request #4. Joy Winning, opposed to site specific request #4 citing traffic concerns. Leonard C. Schaadt, asked Council to move forward with site request #5. Gene Merlino, asked Council to move forward with site request #6. Dick Gilroy, asked Council to approve moving forward with site request #7. Bill Chase, asked Council to move forward with site request #6. Christine Newel!, asked that her letter regarding site request #8 be read into the record. Mayor Gintz read the letter asking Council to move forward with site request #8. Elizabeth Kari, opposed to site specific request//8 citing additional traffic and environmental impacts. Morgan Llewellan, represents Christian Faith Center and asked Council to approve moving forward with site request #8. City Council Regular Meeting July 6, 1999 - Page 4 City Council Deliberation COUNCILMEMBER WATKINS MOVED APPROVAL OF THE LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION TO MOVE REQUF~T NUMBERS 1,3,4,5,6,7,8 FORWARD TO THE PLANNING COMMISSION AND MOVED THAT REQUF~T NUMBERS 2 & 9 RECEIVE NO FURTHER ANALYSIS. COUNCILMEMBER BURBIDGE SECOND. Councilmember Gates stressed that this vote does not approve the requests, it only allows them to go forward to the Planning Commission for further analysis. Mayor Gintz closed the Public Hearing at 9:00 PM. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VII. CITY COUNCIL BUSINESS a. Ethics Board Appointment COUNCILMEMBER DOVEY MOVED ACCEPTANCE OF BILL LINEHAN TO THE ETHICS BOARD. COUNCILMEMBER GATES SECOND. The motion carded as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes b. Diversity Commission Appointments COUNCILMEMBER DOVEY MOVED ACCEPTANCE OF TITO HINOJOS, RON WALKER AND PRAKASH MELOTTO TO THE DIVERSITY COMMISSION AS REGULAR MEMBERS; DEBORAH ROBINSON AS FIRST ALTERNATE AND PILAR LEMAY AS SECOND ALTERNATE. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes City Council Regular Meeting July 6, 1999 - Page 5 VIII. INTRODUCTION ORDINANCE Council Bill #226/Courtyard Village Development Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH LAWRENCE H. DRAPER AND YEN, CHEN, CHANG & ASSOCIATES. MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO SECOND READING/ENACTMENT AT THE JULY 20, 1999 CITY COUNCIL MEETING. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes IX. CITY COUNCIL REPORTS Councilmember Dovey thanked the Parks/Recreation and Public Safety Departments for the Red, White and Blues Festival on July 4, 1999 and stated the next Parks/Recreation/Human Services/Public Safety Committee meeting is scheduled for July 12, 1999 at 5:30 PM. Councilmember Watkins stated the next Land Use/Transportation Committee is scheduled for July 7, 1999 at 5:30 PM; he and Councilmembers Burbidge and Kochmar attended the Northlake Community Improvement meeting last week to discuss comprehensive planning and the pre- annexation area. Councilmember Burbidge extended her thanks and appreciation for the success of the Red White and Blues Festival on July 4~a and stated she attended a Regional Law Safety and Justice Meeting on June 24, 1999, and a South County Area Transportation Board Meeting on June 29, 1999. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for July 27,1999 at 5:30 PM; she will attend a Sound Transit meeting on July 8, 1999 to approve the 6 year TIP and acquisition of property for the Park n Ride at 320t~. Councilmember Kochmar stated the Airport Communities Coalition met on June 30, 1999; extended her thanks to staff on the success of the Red White and Blues Festival and questioned Council rules regarding committee appointments, specifically the appointment of a member to the Tax Advisory Committee. It was decided the Finance/Economic Development/Regional Affairs Committee will review nominations at that July 27, 1999 meeting and forward the recommendations to the Council on the first meeting of August. Deputy Mayor Park thanked staff for the great event at Celebration Park on July 4~ and stated the City Manager Search Committee will meet on July 20, 1999. City Council Regular Meeting July 6, 1999 - Page 6 Mayor Gintz thanked H. David Kaplan for his recommendations on the use of volunteers on the Blueberry Farm. CITY MANAGER REPORT City Manager Kenneth Nyberg thanked staff for the Red White and Blues Festival; stated the Census Bureau will be making a presentation to staff on July 16, 1999, and the City/l_akehaven Liaison Committee will meet on July 14, 1999 at 7:30 AM. XI. ADJOURNMENT There being no further business before the Council, Mayor Gintz adjourned the regular meeting of the Federal Way City Council at 9:23 PM. Laura Ulanowski, Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Proposed Ordinance Amending the Federal Way City Code Related to Adult Uses CATEGORY: BUDGET IMPACT: X CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) Ordinance Amending FWCC Related to Adult Uses - locating adult uses in City Center-Core ("CC-C") and City Center- Frame ("CC-F") Zones (identical to Ordinance reviewed by City Council at first reading on April 6, 1999.) 2) Ordinance Amending FWCC Related to Adult Uses - locating adult uses in Community Business ("BC") Zone 3) Legislative Record Addition: Declaration of Patricia Connolly Walker and Exhibit "A" thereto substantiating the secondary effects of discarded pornographic materials from adult uses previously identified to the City Council. 4) Memorandum from Londi K. Lindell to City Council re: Amortization Periods, dated July 12, 1999. SUMMARY/BACKGROUND: On February 17, 1998, the Federal Way City Council adopted Resolution 98-268, imposing a moratorium upon the acceptance of all applications for a~ issuance of business licenses, building permits, or other licences or permits under the Federal Way City Code for adult entertainment or adult retail uses until additional review could be completed and any necessary code revisions adopted by the Federal Way City Council. 'The City Council conducted a public hearing on April 7, 1998 to consider written comments, public testimony and materials presented by staff at which time they extended the moratorium to August 16, 1998. During a public hearing on August 11, 1998, the City Council voted to extend the moratorium to February 12, 1999 in order for City staff to review additional studies and draft regulations related to adult uses. The City Council voted on February 2, 1999 for a 6 month renewal of the moratorium. The moratorium is currently scheduled to terminate on August 12, 1999. City staff presented proposed Federal Way Zoning Code amendments to the Federal Way Planning Commission on February 3, 1999. The Planning Commission hearing was continued to February 17, 1999 at which time City staff presented additional information in response to Commissioner questions. Pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed amendments in light of the decisional criteria outlined in Section V of the March 9, 1999 Memo from Stephen Clifton and Londi Lindell to LUTC. By a majority vote of the entire membership (7-0), the Planning Commission recommended that the City Council adopt the proposed code amendments reviewed by City Council at first reading on April 6, 1999. A copy of the full Record including the Staff Report to the Planning Commission and subsequent submittals was made available for your review prior to first reading and continues to be available in Council offices. On March 15, 1999, the LUTC reviewed the Community Development Director's Report related to the recommendation of the Planning Commission. The LUTC voted to forward the recommendation of the Planning Commission to approve the proposed Ordinance to the full City Council. The LUTC also proposed changes to the proposed new FWCC Section 22- 338.2 (shadowing.) During the April 6, 1999 City Council meeting, the agenda included a first reading of the proposed ordinance to amend the Federal Way City Code related to Adult Uses. At that time, the Council voted to defer, until July 20, 1999, a decision on the ordinance in order to consider whether the City should allow adult uses in the BC (Community Business) Zoning District as an alternative to the City Center Zoning District. City staff have conducted a field visit to assess the current conditions of BC zoned land unencumbered by 1000-foot buffers associated with sensitive uses, i.e., religious services, schools and daycare, residentially zoned land, parks, and libraries. A large area of unencumbered BC zoned land predominantly abuts the SR99/16th Avenue South corridors generally between South 338th (if it existed) and South 359th Streets, and along Somh 348th Street between I-5 and 11th Place South. Uses within this area consist of manufacturing, retail (big box and general), automotive, office and food service. Revised Land Use Zone Charts have been attached to reflect changes related to the alternatives of allowing adult uses in either the City Center Core/Frame or Community Business zones. Attached you will also find Attachment 3, Legislative Record Addition, and Attachment 4, a July 12, 1999 Memorandum from Londi Lindell regarding amortization and a proposal to retain proposed language submitted to and supported by the Planning Commission. Proposed Federal Way City Code Section 22-338.2 provides for a one (1) year amortization period on non-conforming adult uses, but allows an extension of such one (1) year period in the event of extreme economic hardship. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the Planning Commission's recommendation to approve the proposed Ordinance subject to language changes proposed by the LUTC. CITY MANAGER RECOMMENDATION: After briefing by staff, approve the Ordinance which locates adult uses in the zone the City Council determines minimizes the secondary effects of such adult uses. ~PPI~OVtI) ~OI~ I~CL[JSIOI~ II~ CO[JNCIL P~CKET:~~~~ .... ' '~.~' (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:\AGND1TEM\ADLTRET.720 ATTACHMENT 1 PROPOSED ORDINANCE - CITY CENTER ZONE ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATION REQUIREMENTS,AND ADDING AMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHEREAS, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and ORD # , PAGE I WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail, or use have a detrimental effect on both the existing businesses around them and the surrounding residential and commercial areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; and WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the uses are minimized; and WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment, activity, retail, or use. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington ORD # , PAGE 2 State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment, activity, retail, or use; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials; and WHEREAS the Federal Way Planning Commission, having considered the proposal at public hearings during 1999, pursuant to Federal Way City Code (FWCC) Section 22-30, and all public notices having been duly given pursuant to FWCC Section 22-528; and WHEREAS the public was given opportunities to comment on the proposal during the Planning Commission review; and WHERE^S the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on December 17, 1998; and WHE}~e^S following the public hearing, the Planning Commission submitted to the Land Use/Transportation Committee of the City Council its recommendation in favor of the proposal, adding sections to the FWCC as noted; and WHEREAS the Land Use/Transportation Committee of the City Council met to consider the recommendation of the Planning Commission and has moved to forward the proposal, with amendments, to the full City Council; and WHEREAS there was sufficient opportunity for the public to comment on the proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD# ,PAGE3 Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the proposal and the proposed amendments to the FWCC: 1. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on December 17, 1998; and 2. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 3. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held a public hearing on the proposed amendments and has considered the testimony, written comments, and material from the public by and through said hearing. Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP) purposes, goals, and polices: FWCP Pg VII- 1 FWCP Pg VII-1 FWCP CCG5 "Create an identifiable downtown that is the social and economic focus of the City." "Establishment of an urban center that is a vibrant, unique and attractive place to work." "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit." ORD # , PAGE 4 2. The proposal bears a substantial relationship to the public health, safety, and welfare. 3. Zoning and text amendment criteria under FWCC Section 22-523 are met. Section 3. Amendment. The FWCC, Chapter 22-1, Definitions, is amended and FWCC, Chapter 22, Nonconformance, is amended by adding a new Section 22-338.2, as set forth in the attached Exhibit A, and Chapter 22, Zoning, Sections 22-794 and 22-806 are amended as set forth in the attached Exhibit B. Section 4. Severabilit¥. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 1999. CITY OF FEDERAL WAY MAYOR, RON GINIZ ORD # , PAGE 5 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:\ORDIN~ADULTRET CC ORD # , PAGE 6 EXHIBIT A Chapter 22 of the Federal Way City Code is hereby amended as follows. A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows: Adult entertainment~ activity~ retail, or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating _ ~,,,1 .... below) for to specified--sexual activities" or "specified anatomical areas" (defined aa observation by patrons therein and which excludes minors by virtue of age. kv-,7 Adult cabaret entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue ofage~ and shall mean any of the adult entertainment establishments as defined in section 9-71 (A) and (B) of the FWCC. (3) Panarama andpeepshow shall mean as defined in section 9-71(I) and (J) of the FWCC. (4) Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: a_. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult oriented merchandise; or, Exhibit A; page 2 b.._: Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or for viewing or use, off the premises, any adult oriented merchandise. Adult oriented merchandise shall mean any goods, products, commodities, or other wares, including but not limited to, videos, CD Rom's, DVD's, magazines, books, pamphlets, posters, cards, periodicals, or non-clothing novelties which depict, describe, or simulate specified anatomical areas or specified sexual activities (defined below). Specified anatomical areas shall mean the following: a_. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or b__:. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following: a_. Human genitals in a state of sexual stimulation or arousal; b_. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or c_. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed, of oneself or of one person by another; or d-- Excretory_ functions as part of or in connection with any of the activities set forth in this section. Activities and uses defined as adult entertainment: activity: retail, or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. B. The Special Regulations and Notes of Use Zone Chart (CC-C) (Sec. 22-794, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. C. The Special Regulations and Notes of Use Zone Chart (CC-F) (Sec. 22-806, Adult entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B. D. The following section shall be added to Chapter 22: Sec. 22-338.2. Nonconforming adult entertainment, activity, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this code, which are either made nonconforming by this code or which are existing nonconforming uses shall be terminated within one (1) year; provided, however, that such termination date may be extended upon the approval of an application filed with the city's Community Development Director within 120 days of the effective date of this code provision requesting an extension to such one (1) year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based' upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1, 1999, which precludes reasonable alternative uses of the subject property. K:\ordin\adultret.cc .~ ~ c~ '(~ REGULATIONS [REVIEW PROCESS LOT SIZE HEIGHT OF STRUCTURE ~ N g m ,.., ,.., ,-~ = ~ ~ ~ ,(~ REGULATIONS .~ ,,. &, -_ = -- '"' ~, ~ ~, ~ '~ ~ REQUIRED c~ ~: REVIEW PROCESS 2. LOI SIZE ~ ~ FRONT o SIDE (each) ~ =.~'~ _ ~ ~ ~ o ~~IGHTOF ~ o g ~QU~D g ~ ~ P~G SPACES . .... ~' o · ~ · ~ ~ o 0 o ~ ~ o~. . . ~ ~m ~ ~ ~ ~ ' = -., ...... =, ~. ,- ~ ,, o ~'D~ ~ ~ ~ ~ ~ ~ ~'~ ~ =.='~ ~o ~ ~ = . .. ~ ~ ~ ~ ~ ~ ~ ~ ... ~ = ~ ~ ~ ~ -. ~ ;,~ .... ~ ~ .x -. ~ .... =.~ o =.~ = =~ ~' ,;~ ~ _ _ ~ =~ ~ ~ ~ ~o ~ '= ~ ~ ~ =. ; ~. -. ATTACHMENT 2 PROPOSED ORDINANCE - BC ZONE ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, ADDING AMORTIZATION PROVISIONS AND A NEW SECTION ALLOWING ADULT USES IN ABC ZONE TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHEREAS, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity,, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and ORD # , PAGE I WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail, or use have a detrimental effect on both the existing businesses around them and the surrounding residential and commercial areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; and WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the uses are minimized; and WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment, activity, retail, or use. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these facilities; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington ORD # , PAGE 2 State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment, activity, retail, or use; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials; and WHEREAS the Federal Way Planning Commission, having considered the proposal at public hearings during 1999, pursuant to Federal Way City Code (FWCC) Section 22-30, and all public notices having been duly given pursuant to FWCC Section 22-528; and WHEREAS the public was given opportunities to comment on the proposal during the Planning Commission review; and WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on December 17, 1998; and WHEREAS following the public hearing, the Planning Commission submitted to the Land Use/Transportation Committee of the City Council its recommendation in favor of the proposal, adding sections to the FWCC as noted; and WHEREAS the Land Use/Transportation Committee of the City Council met to consider the recommendation of the Planning Commission and has moved to forward the proposal, with amendments, to the full City Council; and WHEREAS there was sufficient opportunity for the public to comment on the proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD # , PAGE 3 Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the proposal and the proposed amendments to the FWCC: 1. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on December 17, 1998; and 2. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 3. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held a public hearing on the proposed amendments and has considered the testimony, written comments, and material from the public by and through said hearing. Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP) purposes, goals, and polices: FWCP Pg VII- 1 FWCP Pg VII-1 FWCP CCG5 "Create an identifiable downtown that is the social and economic focus of the City." "Establishment of an urban center that is a vibrant, unique and attractive place to work." "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit." ORD # _, PAGE 4 2. The proposal bears a substantial relationship to the public health, safety, and welfare. 3. Zoning and text amendment criteria under FWCC Section 22-523 are met. Section 3. Amendment. 1. The FWCC, Chapter 22-1, Definitions, is amended and FWCC, Chapter 22, Nonconformance, is amended by adding a new Section 22-338.2, as set forth in the attached Exhibit A; 2. Chapter 22, Zoning, Sections 22-794 and 22-806 are deleted as set forth in the attached Exhibit B; and 3. Chapter 22, Zoning, is amended by adding a new Section 22-763 as set forth in the attached Exhibit C. Section 4. Severabilit¥. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. ORD # , PAGE 5 PASSED by the City Council ,1999. of the City of Federal Way this CITY OF FEDERAL WAY day of MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LOND1 K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: K:\Ordin\adultret.bc ORD # , PAGE 6 EXHIBIT A Chapter 22 of the Federal Way City Code is hereby amended as follows. A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows: Adult entertainmentL activily~ retail, or use shall mean all of the following: Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified--sexual activities" or "specified anatomical areas" (defined as follc, w3 below.) for observation by patrons therein and which excludes minors by virtue of age. Adult cabaret entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue ofage~ and shall mean any of the adult entertainment establishments as defined in section 9-71 (A) and (B) of the FWCC. (3) Panarama andpeepshow shall mean as defined in section 9-71 (I) and (J) of the FWCC. (4) Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: a_. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult oriented merchandise; or, Exhibit A; page 2 b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or for viewing or use, off the premises, any adult oriented merchandise. Adult oriented merchandise shall mean any goods, products, commodities, or other wares, including but not limited to, videos, CD Rom's, DVD's, magazines, books, pamphlets, posters, cards, periodicals, or non-clothing novelties which depict, describe, or simulate specified anatomical areas or specified sexual activities (defined below). Spec!fled anatomical areas shall mean the following: a_. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or b_:. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following: a. Human genitals in a state of sexual stimulation or arousal; b_. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed, of oneself or of one person by another; or d. Excretory functions as part of or in connection with any of the activities set forth in this section. Activities and uses defined as adult entertainment, activity, retail, or use are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. B. The following section shall be added to Chapter 22: Sec. 22-338.2. Nonconforming adult entertainment, activity, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this code, which are either made nonconforming by this code or which are existing nonconforming uses shall be terminated within one (1) year; provided, however, that such termination date may be extended upon the approval of an application filed with the city's Community Development Director within 120 days of the effective date of this code provision requesting an extension to such one (1) year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1, 1999, which precludes reasonable alternative uses of the subject property. K:\ordin\adultret.bc fT1 ~ ~ o ~ REQUIRED I. = l< g ,~.1-- g REVIEW PROCESS I~ I~l~ I~l LOT SIZE HEIGHT OF STRUCTURE REQUIRED PARKING SPACES m ATTACHMENT3 LEGISLATIVE RECORD ADDITION (Warning: Sexually explicit material attached) DECI~tRATION OF P~TRICIA CONNOLLY WB~LKER I am a Special Deputy Prosecuting Attorney for Spokane County and an Assistant City Attorney for the City of Spokane. For the last nine years I have been tasked with handling the adult entertainment issues for the City of Spokane. Since September of 1996 I have also handled the adult entertainment issues for Spokane County. I am over the age of eighteen, am competent to testify, and have personal knowledge of the matters contained herein. During the last nine years I have been involved in the prosecution of various adult entertainment facilities in the City and County of Spokane. It has come to my attention on numerous occasions that many adult retail use establishments will begin operation as traditional book stores and then add, without proper permitting or licensing, adult arcade booths. In addition, .throughout the time that I have handled the adult entertainment issues for the City and County of Spokane the City and County have received numerous citizen complaints regarding the adverse secondary effects of adult retail use establishments in the communities in which they locate. Citizens have related finding discarded sexual paraphernalia around these adult retail use establishments, a high incidence of prostitution around these facilities, finding doors to the facilities open on hot days allowing ~inors to view the interior of the facLlity thereby being exposed to adult entertainment material, a decline in property values and difficulty marketing property which is in close proximity to adult retail use facilities, and complaints from business owners, customers and employees about having to park near, pass by or do business with a facility that is located near a retail use establishment. 1. Exhibit A is an explicit copy of a VHS video box that was found by a citizen in their yard behind the Erotique Boutique at 54 E. Wellesley in the City of Spokane on June 6, 1994. The video box was given to then Councilmember Joel Crosby who delivered it to my office. 2. Exhibit B is a copy of an article that appeared in the Spokesman Review Newspaper on January 7, 1999 detailing the opening of an adult retail use in the City of Spokane. 3. Exhibit C is a copy of testimony by Brooke Plastino before the City Council on November 24, 1998 indicating her concerns over the Hollywood Erotic Boutique and Video store at 4811N. Market. 4. Exhibit D is a compilation of complaints by citizens in the Hillyard are of the City of Spokane regarding their concerns about having an adult retail use establishment locate in their community. 5. Exhibit E is an article which appeared in the Spokesman Review Newspaper on April 29, 1999 regarding the opening of Hollywood Erotic boutique at 9611 E. Sprague in Spokane County. I DECLARE UNDER THE PENALTY OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IT TRUE AND CORRECT. DATED this 21st day of June, 1999 at Spokane, Washington. Patricla Connolly W~lker 07'79 07~0 ~00 'd L~:60 ATTACHMENT 4 MEMORANDUM RE: AMORTIZATION PERIODS CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: TO: FROM: SUBJECT: July 12, 1999 Federal Way City Council ,~ Londi K. Lindell, City A Adult Retail Ordinance - Amortization Issue The Issue. At your April 6, 1999 City Council meeting, you asked me to research the issue regarding an appropriate amortization period for a non-conforming adult retail use affected by the proposed adult retail ordinance. Short Conclus~ Although one Washington Supreme Court case approves a 90-day amortization period, a Ninth Circuit Court of Appeals decision struck down a 60-day period. The lesson from these and similar cases is that the validity of the amortization period is determined on a case-by-case basis, balancing the hardship to the affected business with the purposes served by the ordinance creating the non-conforming use. In extreme cases, amortization periods up to five years have been held to be necessary to allow businesses to overcome a zoning change hardship. A code provision providing only a specific time period will not allow consideration of the factual basis requiring a certain length of time to overcome any financial hardship caused by such amortization provision. In order to allow flexibility in amortization periods, I recommend a fixed period, followed by an opportunity to petition for an additional period on a showing of hardship (see attached Exhibit "A'). Discussion. The principal Washington authority on the issue is Northend Cinema, Inc. v. Ci~_ of Seattle, 90 Wn.2d 709, 720-22 (1978), cert, denied sub nom., 441 U.S. 946 (1979). In that case the City of Seattle established a 90-day moratorium period for non-conforming adult theaters affected by an adult entertaimnent zoning ordinance. The court determined that the period would be adjudged by a reasonableness test, balancing the economic hardship against the public benefit to be gained by termination. On the facts presented, the theaters presented little evidence of economic hardship. For example, one theater had an informal (month-to-month) lease; another had no lease at all; the third had fully depreciated its investment in the premises. Memo to City Council July 12, 1999 Page 2 An interesting compendium of amortization cases is set forth in "Validity of Provisions for Amortization of Nonconforming Uses," 8ALR 5th 391. The article contains a section devoted to cases dealing with adult entertainment uses. Id. at § 10 and the majority of referenced cases uphold the ordinance at issue. Several of the cases upholding amortization ordinances involve periods of one year or longer. See e.g., Castner v. City o_fOakland, 129 Cal. App.3d 94 (App. Div. 1982) (one year); Bonnell, Inc. v. Oklahoma City, 791 P.2d 107 (Ok. Ct. App. 1989) (five years); Town o_flslip v. Cavigilia, 540 N.E.2d 215 (N.Y. Ct. Of App. 1989) (five years). Several of the cases upholding amortization periods emphasized the opportunity to extend the fixed period by application. E.g., County o_fCook v. Renaissance Arcade & Bookstore, 522 N.E.2d 73 (Ill. 1988) (six months plus automatic extension of six months on application and additional period for showing of hardship); SD J, Inc. v. Houston, 636 F. Supp. 1359 (S.D. Tex. 1986) (six months plus avenue for extension). Given the fact-specific inquiry, an entity with a significant capital investment, a long-term lease or other financial hardship will require a longer period. It seems appropriate therefore, to start with a period which compares favorably to Northend Cinema (e.g. the proposed one year period) and provide a means for extension on a showing of hardship. There are a number of surrounding jurisdictions that are currently evaluating adult retail code amendments and the majority of these cities are considering a one (1) year amortization with an opportunity for an administrative extension. For example, the City of Renton's draft adult retail ordinance contains a provision virtually identical to the City of Federal Way's proposed language. Conclusion. I recommend that the ordinance allow for a one (1) year amortization period and permit an additional time period upon a showing of"extreme financial hardship." The proposed provision requires the applicant to file an application for an extension within 120 days of the effective date of the code. Staff estimates that it will take approximately 90-120 days to review the information submitted by the applicant establishing an extreme economic hardship and issue a decision on the request for an extension of the amortization period. Consistent with the above referenced legal authority, the Director's decision of whether or not to approve such a request will be upon a showing of extreme economic hardship based upon irreversible financial investments which precludes other reasonable uses of the property. In order to avoid the opportunity for a business owner to make such financial commitments during the amortization period, the proposed code requires that the investment be made prior to February 1, 1999, the date public hearings commenced discussing the amortization language. Memo to City Council July 12, 1999 Page 3 Please contact me if you have any additional questions or comments. CC2 Stephen Clifton, Director Community Development Kathy McClung, Deputy Director Community Development K:\counmemo\amortiza.712 EXHIBIT "A" Sec. 22-338.2. Nonconforming adult entertainment, activity_, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this code, which are either made nonconforming by this code or which are existing nonconforming uses shall be terminated within one (1) year; provided, however, that such termination date may be extended upon the approval of an application filed with the city's Community Development Director within 120 days of the effective date of this code provision requesting an extension to such one (1) year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1, 1999, which precludes reasonable alternative uses of the subject property. MEETING DATE: JulyS, 1999 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Courtyard Village Development Agreement CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) Memorandum submitted to the June 2, 1999 Planning Commission Public Hearing; 2) Draft Ordinance approving and authorizing the City Manager to execute the Development Agreement; 3) Draft Development Agreement SUMMARY/BACKGROUND: The Development Agreement was drafted in response to the decision of the City Council in December, 1998. Mr. Lawrence H. Draper had asked the City to delete the planned 341st Place from the transportation element of the Comprehensive Plan, as it would bisect the proposed Courtyard Village development, a senior housing project. The City Council agreed to delete 341st Place on the condition that, as part of the project - and in addition to those conditions that may be administratively imposed as permit conditions - Mr. Draper enter into a development agreement providing for the improvement of 19th Avenue SW, from the south boundary of Parcel A (Tax Lot 6), along the east boundary of Parcel B (Tax Lot 54), to SW 344th Street, and improvement of 344th Street west to connect with the portion of 344th that the Washington State Department of Transportation is to install as part of its construction of the Federal Way Park and Ride No. 2. Staff prepared the Agreement in response to the Council's direction and has obtained Mr. Draper's concurrence with it. The extent of the required improvements, timing of construction, dedication of improvements as well as other specific conditions are contained in the attached proposed Development Agreement. In accordance with RCW 36.70B. 176-210, a Public Hearing was held on June 2nd with the Planning Commission to obtain public comment prior to any Council action. Following the Public Hearing, the Planning Commission suggested several minor revisions involving clarification as to the parties to the Agreement. The suggested revisions have been incorporated into the attached Draft Development Agreement. CITY COUNCIL COMMITTEE RECOMMENDATION: The draft agreement was forwarded directly to the July 6th City Council meeting for consideration, due to the cancellation of the June 21st Land Use and Transportation Committee meeting. As a result, there is no committee recommendation. CITY MANAGER RECOMMENDATION: Mo-ve,-Ordinance-to second reading on July 20, 1999. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 'TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\courtyd.dev COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH LAWRENCE H. DRAPER AND YEN, CHEN, CHANG AND ASSOCIATES. DRAFT WHEREAS, Yen, Chen, Chang and Associates ("Chen"), a Washington general partnership, is the owner of two parcels of undeveloped real property, Parcel A (also known as Tax Lot 6) and Parcel B (also known as Tax Lot 54), located adjacent to 341st Place and 19th Avenue SW; and WHEREAS, Lawrence H. Draper ("Draper") has entered into a contract to purchase Parcel A (Tax Lot 6) from Chen, and wishes t° develop a senior housing complex known as Courtyard Village on Parcel A and potentially Parcel B; and WHEREAS, as of 1998, the Transportation Element of the City of Federal Way Comprehensive Plan contained a map of adopted functional classifications of existing and planned streets and highways within the City; and WHEREAS, the map included SW 341st Place as a planned street; and WHEREAS, 341 st Place South, as shown in the Transportation Element of the City's 1995 Comprehensive Plan, would bisect Courtyard Village as proposed; and WHEREAS, during the City's 1998 annual review of its Comprehensive Plan, Draper requested that the City delete 341 st Place from the Transportation Element, to facilitate development of Courtyard Village; and ORD # , PAGE 1 DRAFT WHEREAS, in Ordinance No. 98-330, the Council agreed to delete SW 341st Street from the Transportation Element of the Comprehensive Plan, on the condition that as part of the project and in addition administrative permit conditions, Draper enter into a development agreement providing for improvement of 19th Avenue SW from the south boundary of Parcel A (Tax Lot 6), along the east boundary of Parcel B (Tax Lot 54) to SW 344 th Street, and from the intersection of 19th Avenue SW west along 344th to its connection with the portion of 344th that the Washington Department of Transportation ("WSDOT") is to install as part of its construction of the Federal Way Park-'n-Ride No. 2; and WHEREAS, the City has authority under RCW 36.70B.170-.210 to enter into a development agreement to delineate the development standards governing development and use of property; and WHEREAS, Ched and Draper have indicated their willingness to enter into a development agreement in the form attached hereto as Exhibit A, to fulfill the condition set by the Council for its deletion of 341 st Place from the Transportation Element of the Comprehensive Plan; and WHEREAS, pursuant to RCW 36.70B.200, a public hearing on the proposed development agreement in Exhibit A was held by the Federal Way Planning Commission on June 2, 1999; and WHEREAS, the City Council considered the proposed development agreement at its regularly scheduled meetings on July 6, 1999 and July 20, 1999; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD # ., PAGE 2 DRAFT Section 1. Findings. The City Council hereby finds that: A. The proposed development agreement requires Draper to construct, at no cost to the City, the extension of 19th Avenue SW to its connection with SW 344th Street, and to extend SW 344th Street to its connection with that portion ofSW 344th Street being constructed by the WSDOT in conjunction with Federal Way Park 'n Ride No. 2. B. The construction requirements, in conjunction with the WSDOT development, will provide a through connection between 21 st Avenue SW and SW 336th Street. This will provide better and safer through-traffic connections and access than would improving SW 341 st Place, which does not directly align with any street to the west of 21 st Avenue SW. C. The proposed development agreement will not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan, because the Courtyard Village development will be subject to existing Federal Way City Code provisions concerning drainage, landscaping, parking, traffic, height, noise, and future use. These provisions protect the existing and potential surrounding land uses from any potential adverse impacts from the underlying use, and the road connection that will be made by virtue of the development agreement protects potential surrounding land uses from any adverse traffic impacts from Courtyard Village while also providing an additional means of ingress and egress and an alternative travel route that avoids the often- congested intersection of SW 336t~ and 21 st Avenue SW. D. In light of the Findings in subsections 1.A - 1.C above, the proposed development agreement bears a substantial relation to the public health, safety, and general welfare of the City. Section 2. Conclusions of Law. Based on the Findings of Fact set forth in Section 1 above, the development agreement is consistent with the criteria set forth in RCW 36.70B. 170. ORD # , PAGE 3 DRAFT Section 3. Development Agreement. The City Council hereby authorizes the City Manager to execute the development agreement attached as Exhibit A hereto, and to take all further and necessary action required by the development agreement. The City Council's authorization herein is conditioned upon Chen's and Draper's agreement to and execution of the Development Agreement, in the form attached hereto as Exhibit A, within thirty (30) days of the date of this Ordinance. Failure of Chen and Draper to so execute the Development Agreement shall render the authorization given in this section null and void without further action by the City of Federal Way or its City Council. 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 th~ ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after: (1) Draper's and Chen's execution of the Development Agreement in the form attached hereto as Exhibit A; and (2) passage and publication of this ordinance, as provided by law. PASSED by the City Council of the City of Federal Way this__day of July, 1999. CITY OF FEDERAL WAY ORD # , PAGE 4 MAYOR, RON GINTZ DRAFT 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:\ordina\ctydvill.dev ORD # , PAGE 5 DRAFT After recording, return to: Federal Way City Attorney's Office 33530 1st Way S. Federal Way, WA 98003 DEVELOPMENT AGREEMENT BETWEEN CITY OF FEDERAL WAY, AND LARRY DRAPER This Agreement, made and entered into this day of , 1999, by and between Yen, Chen, Chang and Associates CChen"), a Washington general partnership and Lawrence H. Draper ("Draper"), on the one hand, and the City of Federal Way, Washington, a municipal corporation ("City"), on the other (collectively "the parties"). RECITALS A. Chen is the owne~: of two parcels of undeveloped real property, Parcel A (also known as Tax Lot 6) and Parcel B (also known as Tax Lot 54). Parcels A and B are referred to collectively herein as "the Property," and are located in the City of Federal Way, adjacent to 341't Place and 19"~ Avenue SW. The parcels are legally described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. B. Draper has entered into a contract to purchase Parcel A (Tax Lot 6), and wishes to develop a senior housing complex on it. Draper proposed to build the senior housing in two phases: Phase I on Parcel A (Tax Lot 6), and Phase II on Parcel B (Tax Lot 54). The project is proposed to be named Courtyard Village. 341st Place South, as shown in the Transportation Element of the City's 1995 Comprehensive Plan, would bisect the planned project. C. During the City's 1998 annual review of its Comprehensive Plan, Draper requested that the City delete 34Pt Place from the Transportation Element, to facilitate development of Courtyard Village. D. The Council agreed, on the condition that, as part of the project and in addition to those conditions that may be administratively imposed as permit conditions, Draper enter into a development agreement providing for improvement of 190` Avenue SW from the south boundary of Parcel A (Tax Lot 6), along the east boundary of Parcel B (Tax Lot 54) to SW 344~ Street, and improvement of 344th west to connect with the portion of 344th that the Washington Department of Transportation CWSDOT") is to install as part of its construction of the Federal Way Park-'n- Ride No. 2. g AFT Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344th Street Page 2 E. Chen and Draper wish to enter into a development agreement with the City, to fulfill the condition set by the Council for its deletion of 341st Place from the Transportation Element of the Comprehensive Plan. F. The City has authority under RCW 36.70B. 170-.210 to enter into a development agreement to delineate the development standards governing development and use of property. NOW, THEREFORE, for and in consideration of the City's deletion of 341s' Place from the Transportation Element of the Comprehensive Plan, the parties agree as follows: 1. Development of Property. Draper and Chen covenant and agree that, as part of the development of Parcel A (Tax Lot 6), Draper or any other party developing the Property will engineer, design, construct and improve 19th Avenue SW, commencing at the south boundary of Parcel A (Tax Lot 6) and extending along the east boundary of Parcel B (Tax Lot 54) south to SW 344t~ Street. Draper and Chen also covenant and agree that, as part of its development of the Property, Draper or any other party developing the Property will engineer, design, construct and improve SW 344m west to connect with the portion of SW 344th that WSDOT is to install as part of its construction of the Federal Way Park-'n-Ride No. 2. The location of the streets to be constructed and improved are shown on Exhibit "B" attached hereto and incorporated herein by reference. Following completion of construction and required maintenance to the City's satisfaction, as evidenced by the City's acceptance, Draper and Chert shall dedicate said streets to the City as public rights of way. The timing and scope of the improvements and dedication required herein, as well as other requirements governing the improvements, are set forth in Paragraphs 2 - 7 below. 2. Extent of Improvements Required. Draper and Chen covenant and agree that the 19th Avenue SW and SW 344~h Street will be improved as follows: 2.1. 19th Avenue SW will be improved in accordance with the standards for a minor collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway Cross Section S, Figure III-3, except that on the east side of the street, Draper need not construct or install a planter strip, street lights, street trees or sidewalk. 2.2. SW 344th Street will be improved in accordance with the standards for a Principal Collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway Cross Section K, Figure III-3, except that on the south side of the street, Draper need not construct or install a planter strip, street lights, street trees or sidewalk. 2.3. Improvements to both 19th Avenue SW and SW 344th Street shall include all utilities, including surface water drainage, sanitary sewer, water, lighting, power, telephone, and cable television, in accordance with the requirements of the Federal Way City Code. ?" AFT Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344m Street Page 3 3. Timing of Construction and Dedication of Improvements. 3.1. Draper and Chen covenant and agree that, regardless of the date of commencement of construction of Courtyard Village (subject to Paragraph 8.6 below), Draper or any other party developing the Property will commence construction of the improvements described herein no later than July 1, 2001 and will complete construction to the City's satisfaction no later than September 30, 2001. 3.2 Draper and Chen covenant and agree that Draper or any other party developing the Property shall obtain all necessary permits and approvals from the City of Federal Way prior to commencement of construction. 3.3. Draper and Chen covenant and agree that, following completion of construction and satisfactory maintenance of the street (as determined by the City in its sole discretion) for two years, Draper and Chen will within 30 days of the City's demand deliver a statutory warranty deed, in a form in accordance with Federal Way City Code requirements and acceptable to the City Attorney. The deed shall dedicate the segments of the 19th Avenue SW and SW 344t~ Street rights-of-way specified herein to the City for public travel and utilities. The rights-of-way dedicated shall meet the standards for minor and principal collectors Roadway Cross Sections S and K, respectively, as applicable. 4. Bonding of Improvements. DraPer and Chen covenant and agree that Draper or any other party developing the Property will provide performance and maintenance bonds to insure his performance herein and maintenance of the improvements once constructed. The bonds shall be in a form acceptable to the City Attorney and in accordance with the requirements of the Federal Way City Code, including but not limited to Sections 22-146 - 22-175. Draper or any other party developing the Property shall provide the bonds meeting the requirements of this Paragraph prior to the City's issuance of a building permit for Courtyard Village or other development of Parcel A (Tax Lot 6). 5, Latercomers' Agreement The City agrees that Draper may seek City Council approval of a Latecomers' Agreement, to enable Draper to seek reimbursement for the costs of the improvements described herein from other property owners who develop in the future adjacent to 19th Avenue SW or SW 344th Street and are not required to construct street improvements because the improvements they would be required to install have already been constructed by Draper. City Council review and approval of any such Latecomers' Agreement shall be pursuant to FWCC 20-206 et seq. Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 4 6. Property Acquisition The City further agrees that, to the extent allowed by applicable law, it will exercise its power of eminent domain to acquire right-of-way necessary for construction of the improvements described above; PROVIDED, however, that it will do so only under the following conditions: 6.1 That Draper is unable to practicably acquire the property for fair market value, as demonstrated by a written offer and rejection of or expiration of that offer and an MAI appraisal acceptable to the City indicating that the rejected or expired offer was equal to or greater than the fair market value of the subject property; and 6.2 That Draper pay the cost of the property acquired and all of the City's costs, including staff and consultant time, attorneys' and appraisers' fees, and all other costs incurred in exercise of the City's power of eminent domain hereunder. 7. Environmentally Sensitive Areas In the event that the route contemplated for the extension of 19th Avenue SW and SW 344~h Street encroaches upon any environmentally' sensitive areas as defined by the FWCC, the City agrees that it will cooperate with Draper in identifying alternate routes and/or roadway configurations for the improvements required herein. 8. General Provisions. 8.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended to protect the value of the Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to Draper and Chen, and to the City, from this Agreement shall run with the land and shall be binding upon Draper and Chen and their heirs, successors, and assigns, and upon the City of Federal Way. 8.2. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 8.3 Recording. This Agreement shall be recorded against the Properly. 8.4. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344th Street Page 5 8.5 Authority. The City, Draper, and Chen each represem and warrant to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on their behalf are duly authorized to do so. Chen and Draper further represent and warrant that they are the fee owners and contract purchasers, respectively, of Parcel A (Tax Lot 6) and Tax Lot 54, that they have authority to agree to the covenants contained herein, and that there are no other persons, entities, or parties with any ownership interests in the Property. 8.6 Term of Agreement. This Agreemem shall remain in full force and effect unless amended or terminated by the mutual agreement of the parties; provided, however, that this Agreemem shall be void if City does not gram approval for development on Parcel A (Tax Lot 6) by July 1, 2001. If this Agreement becomes void pursuant to this Paragraph, Draper and Chen agree that 341't Place shall be reinstated as part of Comprehensive Plan Transportation Element without need for further City Council action, and that any development on the Property (either Parcel A or B) approved after July 1, 2001 will include construction of all road improvements required by the FWCC for 341't Place, at no cost to the City. 8.7 Alnendment. Thig Agreemem may be modified only by a written instrument duly executed by all parties; provided, however, notwithstanding any provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of Draper or Chen, adopt and impose upon the Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. 8.8 set forth. Exhibits A -B attached hereto are incorporated herein by this reference as if fully 8.9 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 8.10 Integration; Scope of Agreement. This Agreement and its exhibits represem the entire agreement of the parties with respect to the subject matter hereof, which is the deletion of 341st Place from the Transportation Element of the City of Federal Way Comprehensive Plan. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the development of the Property; additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 8.11 Indemnification. Draper and Chen release and agree to defend, indemnify, and hold harmless the City and all of its elected and appointed officials, and its employees and agents, from all liability, claims, appeals, and costs, including the costs of defense of any claim or appeal, arising in connection with this Agreement, the deletion of 341s~ Place from the City's Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344th Street Page 6 Comprehensive Plan Transportation Element, and/or the City's review, approval, conditional approval, or denial of any permits or approvals requested or necessary for development of the Property, except to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its officers, agents, or employees in performing this Agreement. 8.12 Enforcement. In the event Draper or Chen fails to satisfy any of their obligations under this Agreement, the City shall have the right to enforce this Agreement at both law and equity, including but not limited to enforcing this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate remedy for breach. In addition, Draper's or Chen's failure to satisfy any of his obligations in this Agreement shall constitute a breach of contract and shall be grounds for termination of this Agreement by the City. 8.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 36.70B. 170-.210. 8.14 Effective Date. This Agreement shall be effective on the effective date of the City's Ordinance approving this Agreement, and the execution of this Agreement by duly authorized representatives of each party. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY BY: Kenneth E. Nyberg City Manager Approved as to Form for City of Federal Way: Date: City Attorney, Londi K. Lindell ATTEST: This __ day of , 1999. N. Christine Green, CMC Federal Way City Clerk Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344m Street Page 7 LAWRENCE H. DRAPER By: Its: Date: Approved as to form for Lawrence H. Draper by: DRAFT YEN, CHEN, CHANG AND ASSOCIATES By: Its: Date: Approved as to form for Yen, Chen, Chang and Associates by: K:\pubwork\ctydvill.628 06-28-99 DRA -' Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344th Street Page 8 STATE OF WASHINGTON) ) SS. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Kenneth E. Nyberg/Philip D. Keightley (strike one), to me known to be the City Manager/Deputy City Manager (strike one) of the City of Federal Way, a Washington municipal corporation, the corporatiOn that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this __ day of , 1999. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: STATE OF WASHINGTON) ) SS. COUNTY OF KING ) On this day personally appeared before me LAWRENCE H. DRAPER, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. Given my hand and official seal this day of , 1999. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344th Street Page 9 STATE OF WASHINGTON) ) SS. COUNTY OF KING ) On this day personally appeared before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, , to me known to be the General Partner of YEN, CHEN, CHANG AND ASSOCIATES, the Washington general partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he/she/they was/were authorized to execute said instrument on behalf of said partnership. GIVEN my hand and official seal this __ day of , 1999. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344th Street Page 10 EXHIBIT A - LEGAL DESCRIPTIONS Parcel A (Tax Lot 6) The North 412 feet of the Southeast Quarter of the Northeast Quarter of Section 24, Township 21 North, Range 3 East, W.M., in King County, Washington; except the East 264 feet thereof; and except the North 382 feet of the West 500 feet thereof; and except the West 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording No. 842325; and except that portion deeded to the Federal Way School District No. 210 by deed recorded under Recording No. 9303112451. Parcel B (Tax Lot 54) The West 475 feet, of the East 739 feet, of the South 411.24 feet, of the North 823.24 feet of the Southeast 1/4 of the Northeast 1/4 of Section 24, Township 21, North, Range 3 East W.M., in King County, Washington. 04-26-99 09:20 AM FROM JOHN LAPE, ARCHITECT TO 2536614129 EXHIBIT i I PLAN P02 04/26/99 MON O8:51 [TX/RX NO 9355] M~E~IN~ OATE: July 20, 1999 rr~M# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Public Safety Dispatch Services CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $1,030,800 (2000) Expenditure Amt: $ 867,192 (2000) Contingency Reqd: $ N/A at this time ATTACHMENTS: Memorandum and staff report reviewed by Parks/Recreation/Human Services/Public Safety Committee on June 28, 1999. SUMMARY/BACKGROUND: Earlier this year, the city of Federal Way was approached by the four owner cities of Valley Com with an offer to become a fifth owner city of that public safety dispatch agency in exchange for an equal contribution to the agency's new facility and the purchase of a new computer-aided dispatch (CAD) system. Concurrent with the proposal, the Federal Way Fire Department asked the City to again consider the option of partnering with its South Corn dispatch agency before making any long-term decision on police dispatch services. An interdepartmental staff team has analyzed public safety dispatch alternatives currently available ~.~.~.~.c.~:.~!~.~..~.v.?~.~~~...~...~~~...m.~.~..h.~...~..~!~: ..................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: Direct and authorize the City Manager to pursue Option lB (Ownership in Valley Com plus Partnership with F/re Department) by negotiating and bringing back to Council ~) an interlocal agreement with the Cities of Auburn, Kent, Renton, and Tukwila to provide for Federal Way ownership in Valley Com, and b) an interlocal agreement with the F/re Department to address the Department's relationship with the City and transition to Valley Com. In the event the Fire Department tums down the City's offer to partner at Valley Corn, direct and authorize the City Manager to ..~.~..~.~..~...n..L~.c.~i~.~~.....m...v...a.~..c..~..m...~.~.~.t.~.~?~n.....~.........~.t.~!~...~.~.~:.). ..................................................................................... crr MAnAgER RECOMMENDATION: .................................................................................................................................................................... ,/~:~ ~.~':~::C~ ~.~ ~ ' ........................ (BELOW' TO BE COMPLEIED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIl, BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:~agenda.bil Item CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREAT/ON, HUMAN SERVICES & PUBLIC SAFETY Date: From: Subject: June 28, 1999 Derek Matheson, Assistant to the City Manag~ Public Safety Dispatch Servic~ Back~_ round: I. ast month, staff briefed the Committee on an offer by the four owner dries of Valley Com to become a fie& owner of that public safety dispatch agency in excliange for an equal contn'bution to the agency's new facility and the purchase of a new computer-aided dispatch (CAD) system. Concurrent with that proposal, the Federal Way Fire Department asked the City to again consider the option of partnering to develop a revamped police/fire dispatch agency at the Fire Department before making any long-term decision on police dispatch services. An interdepartmental staffteam copsisting of Assistant to the'City Manager Derek Matheson, Deputy Public Safety Dkector Brian W'flson, and Management Services Director Iwen Wang has analyzed public safety dispatch alternatives currently available to the City. The alternatives and staff recommendations are summarized below and discussed in detail in the attached report. Option 1 - Ownership in Valley Com. Contribute up to $3 million W.ward the cost ora new facility and CAD system at Vall~y Com in exchange for equal (one-fifth) ownership in the agency. Although this would require an initial capital outlay, the lower owner rate would more than offset the capital contribution, producing a significant cost savings for the City. Option lB - Ownership, in Valley Com plus Partnership with Fire Department. This option is identical to Option 1 above, but invites the Fke Department to join the City as a partner at Valley Com. Although the Fke Department's legal status would be as a contract agency, it would enjoy many of the benefits of an owner agency - such as the owner rat6 - due to its unique status as the City of Federal Way's fire service provider. This option would address the Fke Department's request to partner with the City for dispatch services, reduce the City's up-fi-om capital costs by sharing them with the Fke Department, and significantly reduce the Fke Department's operating expenditures for dispatch services. Option 2 - Partnership with Fire Department at South Com. Establish a joint police-fire dispatch agency at the Fire Department. This would involve establishing a new governance structure for the current dispatch center, addressing key operational issues, and purchasing a new CAD system and related equipment. Status Quo. Continue to contract with Valley Com. Members of the Fire Department's Board of Commissioners will be present at the meeting to discuss the two options (Option lB and Option 2) that involve partnering with the Fire Department. The Board has preliminarily endorsed Valley Corn Option lB. Staff/Committee Recommendation: Direct and authorize the City Manager to pursue Option lB (Ownership in Valley Com plus Partnership with Fire Department) by negotiating and bringing back to Council a) an interlocal agreement with the Cities of Auburn, Kent, Renton, and Tukwila to provide for Federal Way ownership in Valley Corn, and b) an interlocal agreement with the Fire Department to address the Department's relationship with the City and transition to Valley Com. In the event the Fire Department tums down the City's offer to partner at Valley Com, direct and authorize the City Manager to pursue Option I (City Ownership in Valley Corn without Fire Department participation.) DATE: TO: FROM: SUBJECT: June 28, 1999 City Council Derek Matheson, Assistant to the City Manage~~'~ Staff Report on Public Safety Dispatch Services HISTORY OF POLICE DISPATCH IN FEDERAL WAY The City of Federal Way has contracted with Valley Corn, a public safety dispatch agency jointly owned by the Cities of Auburn, Kent, Renton, and Tukwila (the "Valley cities"), for police dispatch services since 1996. As a contract agency, the City pays a higher per-call dispatch fee and does not enjoy a permanent seat on the agency' s Administration Board (which consists of the mayors of the owner cities and provides general policy direction) nor the Operations Board (which consists of the police and fire chiefs of the owner cities and exercises day-to-day control over Valley Corn's operations). With the termination of the City's police services contract with King County in 1996, staff studied alternatives for providing police dispatch, including a partnership with the Federal Way Fire Department at its in-house dispatch center, commonly known as South Com. It was felt at the time that Valley Corn offered the lowest costs in the long term, had the most experience with police dispatch, and could best service the City's technology needs. Over the past three years, the City has been largely pleased with Valley Corn's services and has benefitted from close and effective working relationships with the other large municipal police departments in South King County. CURRENT ISSUE Earlier this year, the City of Federal Way was approached by the Valley cities with an offer to make Federal Way a fifth owner of Valley Com in exchange for an equal contribution to the agency's new facility and the purchase of a new or upgraded computer-aided dispatch (CAD) system. Concurrent with that proposal, the Federal Way Fire Department asked the City to again consider the option of partnering to develop a reconfigured police/fire dispatch agency at the Fire Department before making any long-term decision on police dispatch services. The City Manager directed a staffteam consisting of the Assistant to the City Manager, Deputy Public Safety Director, and Management Services Director to thoroughly analyze the City's public safety dispatch options. This report summarizes the options and provides a staffrecommendation to the City Council. PUBLIC SAFETY DISPATCH OPTIONS In response to proposals from Valley Com and the Fire Department, City statfbegan analysis of three options: (1) ownership in Valley Com, (2) partner with the Fire Department on a reconfigured police/fire dispatch center at South Com, and (3) the status quo (continuing to contract with Valley Corn). Staff also developed a variant of the first option, known as option lB. Option (lB) would allow the City to become an owner at Valley Com and partner with the Fire Department. The Fire Department would shift its dispatch services to Valley Corn, where it would legally be a contract agency and not a owner, but would nonetheless receive many of the benefits of an owner. The Valley cities supported this departure from standard practice because Federal Way would be the only owner city without in- house fire services and hence cannot itself take advantage of the fire dispatch services that other Valley Com owners enjoy. Option 1: Ownership in Valley Com Background and Governance Valley Com is a cooperative public safety dispatch agency set up by an interlocal agreement among its owner cities in the mid- 1970s. It is governed by an Administration Board made up of the owner cities' mayors, and an Operations Board made up of the owner cities' police and fire chiefs. The agency currently operates out of a small building on Kent's East Hill with an annual operating budget of $5.3 million, 101 FTEs, and dispatches approximately 350,000 police and fire calls per year. Last year, the Valley Com cities began discussions on constructing a new communications center with upgraded technology. The cities' mayors agreed to a $15 million cap ($3 million each, if Federal Way were included) on total cost that would also include property acquisition. Valley Corn has made an offer on a parcel of land in Kent and is working with an architect to design a new facility. The goal is to receive approval from all the owner city councils to go forward with the project by the end of 1999 and have the new facility go online in 2001. In early 1999, the Valley cities approached Federal Way with an offer to become a fitch owner of the agency, in exchange for an equal contribution to the $15 million facility and new/upgraded CAD system. As an owner, Federal Way's mayor would gain a seat on the Administration Board and the Public Safety Director would gain a seat on the Operations Board, giving the City greater control over the cost and quality of services. Cost Anal_~sis Option 1 is the least expensive option. The total annual operating costs under this option total $744,301, which is $238,009 less than the current contract with Valley Com. However, as an owner city, Federal Way would also be responsible for debt service on the construction of a new dispatch facility and the purchase ora new or upgraded CAD system. This annual debt service would amount to $122,890, for a total operating and capital cost of $867,192. Even with the addition of'these capital 2 costs, the total annual expenditures for this option would still be $115,118 less expensive than the current contract for service. The debt would be issued by a public development authority (PDA) owned and governed by the five member cities. The interest rate for the debt would be based upon the interest rates of the five cities. The debt service would be equally allocated to the five owner cities on an annual basis and paid to the PDA, which then pays the principal and interest on the bonds. Operational Analysis From an operations standpoint, there are a number of benefits to becoming an owner of Valley Com. In addition to being the lowest cost option, ownership this option would allow greater city influence in the budget and operations of a public safety dispatch agency with an excellent fiscal and operational record. Valley Com is the only option that offers significant police dispatch experience, proven policies and procedures, and a flexible labor agreement that allows for staffing to fluctuate as needed to address peaks in call type and call volume at various times during the day. It is also important note the value of continued interagency cooperation among police departments in call response and the sharing of information. Valley Com offers the newest facility and technology. The agency has used proven technology that effectively links with the City's record systems and is also exploring the possibility of a common records system among Valley Corn owners that would reduce costs and increase the flow of information among police agencies. Due to its economy of scale, Valley Com is well positioned to meet new demands for technology. For example, Valley Corn is also the only option that offers mobile data terminal (MDT) services in-house, a technology current installed in all of the City's patrol cars. The only disadvantage of any significance is that Federal Way' s police and fire services would continue to be dispatched out of different dispatch centersx. Nonetheless, coordination between the two agencies is effectively accomplished at present, and fire/EMS calls can be instantaneously transferred from Valley Corn to South Com. Implementation Implementing this option would require staff to negotiate, and Council to approve, an interlocal agreement with the four Valley cities to provide for Federal Way to become a fiRh owner of Valley Com. In future months, Council would also need to officially authorize the formation ora PDA to be owned and governed by the Valley Corn owner cities. Option lB: Ownership in Valley Com plus Partnership with Fire Department Background and Governance Option lB is essentially identical to Option 1 above (City Ownership in Valley Corn). The primary difference is that, in addition to the City becoming an owner of Valley Corn, the City would invite the Option lB, a variant of this option, addresses this issue. 3 Federal Way Fire Department to be a partner with the City at Valley Com. Under this arrangement, the Federal Way Fire Department's legal status would be as a Valley Com contract agency. However, the Fire Department would enjoy many of the benefits of an owner agency due to its unique status as the City of Federal Way's fire service provider. The Fire Department would pay the owner rate for dispatched calls for service and its Administrator would have a seat on Valley Com's Operations Board, like the chiefs of Valley Com's municipal fire departments. The Fire Department would not, however, have a seat on the Administration Board, as this is a privilege afforded only to the mayors of owner cities. The City and Fire Department would need to arrange a means for Federal Way's mayor to consult with his/her counterpart (the Board of Commissioners chair) at the Fire Department prior to Administration Board meetings so that the mayor may be fully aware of both police and fire issues prior to making policy decisions for Valley Com. Cost Analysis This option would slightly increase the operational cost of Option 1 above (City Ownership in Valley Com), but would reduce the City's debt service payments, as the Fire Department would contribute 15% of the capital cost based on percentage of dispatched calls for service. The City's annual operating costs for this option would total $783,650, but its debt service costs would drop from $122,890 to $104,263 annually with the Fire Department's contribution. Therefore the total annual cost of this option would equal $887,912, which is still $94,398 less than the current Valley Com contract, and only $20,720 more than the option of buying into Valley Com alone. Like Option 1, this variant lB would also require the formation ofa PDA. This option would also reduce the Fire Department's dispatch costs by upwards of $300,000 to $400,000 annually that could be reallocated to firefighter positions and help the Department better meet its Strategic Plan goals. Operational Analysis Operationally, this option would build on the benefits of Option 1 (City Ownership in Valley Corn) by allowing the City to enjoy all the benefits of ownership at Valley Corn, plus bring the added benefit of improving coordination between the Public Safety Department and Fire Department by dispatching both services out of the same communications center. This option has two major impacts on the Fire Department. First, it would require the Department to close down its South Com dispatch center and redeploy or layoffits 12 FTEs. Secondly, the Fire Department has also expressed concern about dispatch times at Valley Com. To address the issue of employee layoffs, Valley Com has agreed to give preferential consideration to South Corn employees who meet Valley Corn's minimal hiring qualifications. In addition, the Fire Department is exploring the possibility using its cost savings to convert dispatcher who have expressed interest and who meet minimum qualifications to firefighter positions. Between these two approaches, it is unlikely that significant layoffs will be necessary. As for the issue of dispatch time, the Fire Department has stated its intent to, via its seat on the Operations Board, advocate for a new performance measurement system. 4 Implementation The steps needed to implement this option would be the same as for Option 1. However, in addition, staffwould need to negotiate, and Council approve, an interlocal with the Fire Department to arrange for the Fire Department's capital contribution; the payment of operational dispatch fees to Valley Corn via the City; and an arrangement by which the Mayor will consult with the Fire Department prior to Administration Board meetings. Option 2: Partnership with Fire Department at South Com Backeround and Governance The Federal Way Fire Department has operated a dispatch center since the 1960s and has been a regional dispatch service provider since the 1970s when it entered into contractual relationships with other fire protection districts like North Highline and the City of SeaTac. The center is managed by the Department's administrator and has an annual operating budget of $831,019, employs 12 FTEs, and dispatches 23,814 calls per year. 8,996 of these calls are attributable to Federal Way. Since 1997, South Corn has also dispatched the Normandy Park Police Department's 4,020 calls per year. The Fire Department is proposing to reconfigure its current South Com operation into a joint police/fire dispatch center owned and controlled by the City and Fire Department. Like Valley Corn, the center would be governed by an Administration Board composed of two City Council members or their designees and two Fire Department board members or their designees, and an Operations Board composed of two representatives apiece for the Public Safety Department and Fire Department. Cost Ana_lFsis This option is by far the most expensive of the options studied. An analysis of this option shows the City's annual operating costs at $1,007,497, and its annual capital costs2 at $92,506, for a total annual cost of $1,100,003. This is $117,693 more expensive than the current contract with Valley Corn, and $232,811 more expensive than being an owner at Valley Com. It is also worth noting the actual costs to operate the dispatch center are much higher than the $20 per police call and $25 per fire call proposed by the Fire Department, as the dispatch center would require a significant subsidy from the Fire Department. Operational Analysis This option presents a number of concerns for the City from an operational standpoint. Currently, South Com's experience with police dispatch is limited to three-years experience providing dispatch services to the Normandy Park Police Department. Because South Corn has been primarily a fire dispatch center, any joint effort by the City and Fire Department at South Com would require a major 2 The capital costs under this option relate to the physical recordiguration of the current dispatch center, upgrade of the CAD system, and purchase of technology necessary to move toward the level of service currently available at Valley Com. For the purpose of comparison with other options, staff allocated the capital contribution over a multi-year period; in actuality the contribution would be up-front. 5 review of all operations and the development of new policies and procedures for nearly every aspect of the center's operation. These policies would need to address everything from call handling to training to complaint resolution. Police dispatch would be bound by the Fire Department's labor agreements for dispatch services and the Public Safety Department would lose opportunities for cooperation and contact with other police agencies in South King County. Technologically, there is concern with the ability to interface the Fire Department's systems with those of the City. South Com is unable to provide MDT service in house and would have to contract with an outside agency like Valley Com for the service. With a limited call volume, the cost of future capital improvements and technology upgrades will present a significant challenge. As the City would comprise 67% of the total ownership3, the City would likely be responsible for an overwhelming majority of costs. There are, however, advantages to this option, including an upgraded CAD system, the consolidation of dispatch services into one com center, the co-location of that com center with the community's Emergency Operations Center (EOC), and having only two owners of the com center as opposed to splitting ownership five ways at Valley Com. Implementation To implement this option, Council would need to terminate the City's inteflocal agreement with Valley Com and authorize the negotiation of an interlocal with the Fire Department to address the governance and development ora joint police/fire dispatch center at South Com. Prior to this Council action, the City and Fire Department would need to develop a transition plan coveting timing, facility upgrades, technology upgrades, staffing enhancements, and other issues. It would likely be 1-1/2 to 2-1/2 years before fifll implementation could occur. Option 3: Status Quo - Continue to Contract with Valley Com Background/Governance As noted above, the City has contracted with Valley Com for police dispatch services since the inception of the Public Safety Department in 1996. The City has no permanent seats on the agency's Administration Board nor Operations Board, but is eligible for election to a single seat on the Operations Board that is set aside for contract agencies. Cost Analysis This option is the middle ground with respect to cost, being slightly more expensive than becoming an owner agency (Option 1 or lB), but significantly less expensive than the South Corn option (Option 2). The City's annual operating costs under this option total approximately $982,310. There are no capital costs. This option is $115,118 per year more than the cost of become an owner alone, and $94,398 more than the cost of becoming an owner and partnering with the Fire Department at Valley Com. However, this option is $117,693 per year less than the cost of the South Corn option. 3 Or 85%, if contract agencies are not included in the total number of calls. 6 The stares quo option includes an increase over the City's current costs due to the fact that the cost of the new facility and new/upgraded CAD will be passed along to subscribers via the rate structure. Operational ~lnal_Fsis This option reflects the current level of service at Valley Com. The only advantage of the status quo is that it allows the City the flexibility to evaluate other dispatch options in the future. In addition, because this option does not provide for a permanent seat on the agency's Administration Board or the Operations Board, it would continue to limit the City's ability to influence the agency's policies, operations, and budget. Implementation No action is necessary to implement this option. The City's current interlocal with Valley Com automatically renews on an annual basis. STAFF RECOMMENDATION City staff recommend that Council approve Option lB, which provides for the City to become an owner at Valley Corn and invite the Fire Department to join the City at Valley Corn as a partner entity. In addition to being a low cost option that would save the City $94,397 annually over the current contract, this approach allows the City to continue to receive quality services from Valley Corn, gives the City greater policy and operational control at Valley Corn, allows for continued cooperation between the Public Safety Department and its counterparts in the Valley, and allows new opportunities for cooperation with the Federal Way Fire Department. This recommendation is consistent with the preliminary position of the Fire Department's Board of Commissioners. APPENDICES Cost Analysis Spreadsheet - "Federal Way Dispatch Service Options Summary" Exhibit 1 - "Valley Com Capital Requirement Projected Range" Exhibit 2 -" Valley Com Membership Program Rates" Exhibit 3 -" Dispatched Calls for Service" Exhibit 4 - "10-year Cost Projection" Operational Analysis Table Letter from Valley Com to City dated June 15, 1999, addressing Fire Department conditions for transitioning dispatch functions to Valley Corn Letter from Fire Department to City dated June 17, 1999, transmitting Board of Commissioners positions on dispatch services Fire Department proposal for consolidated dispatch center at South Corn Federal Way Dispatch Service Options Summary Option 1 Option 2 Option 3 1 B: VC partner S. Com Partner Status Quo Projection based on 1999 Cost Data 1 A: VC partner w/Fire Capital Contribution ~ $ 1,459,323 $ 1,238,120 $ 928,533 $ Per Call Rate, based on 1999 Budget2 $ 14.78 $ 15.56 $ 20.00 $ 19.50 Annual Cost: Average Dispatched Calls 3 50,375 Cost for Dispatch Services $ 744,301 $ 783,650 1,007,497 $ 982,310 Annual Debt Service on Capital Amount 4 122,890 104,263 92,506 Estimated Annual Cost $ 867,192 $ 887,912 $ 1,100,003 $ 982,310 Compare w/Status Quo: Overage (Savings) (115,118) (94,397) 117,693 10 Year Total: 5 $ 9,567,598 $ 9,822,154 $ 12,212,432 $ 11,005,191 Compare wi Status Quo: Overage (Savings) I (1,437,592)1 (1,183,037)J 1,207,241 I VC: Valley Communication Center. Note: This analysis containes a number of assumptions and is based on information that are currently available. The results could change as better information becomes available. The maximum total capital commitment is $3 million per member cities, or $15 million in total. This is based on a $8.7 million facility cost and a $6.3 million equipment cost, without considering the $4 million cash reserves available. The alternative estimate represents the more likely capital needs for both the building and the equipment. See Exhibit 1: Projected Capital Contribution Requirement. Projected rates are based on Valley Com and South Com's 1999 budget/unit cost and the respective necessary capital requirements. The resulting per call rates under Valley Com partnership options are based on project's Federal Way cost divided into the projected Federal Way calls. See Exhibit 2: Projected Valley Corn Contract and Member Rates for more detail. 3 Average Dispatched Call for Service for Federal Way Police. See Exhibit 3: Federal Way Dispatched Call for Services. 4 Under South Com. option, the City will issue bond independently for the startup and equipment/technology upgrade. Assume 10 year bond at 5.5%. 5 Simple straight line projection with annual inflationary adjustment of 2.5% on operating cost is used. See Exhibit 4:10 Year Cost projection. Vc options 6/22/99 12:38 PM Exhibit 1' Valley Com Capital Requirement Projected Range Maximum: Facility at $289.5/sf, Eq. At 100% Alt. Estimate: Facility at $220/sf, Eq. at 80% Capital Needs Total Capital Per Member Total Capital Per Member Projected Costs: Facility (26,600 sq ft) (20 Yr Bond @ 6%) $ 8,673,101 $ 1,734,620 $ 6,637,200 $ t,327,440 Land $ 200,000 $ 200,000 Structure 7,702,819 5,852,000 Project Management (10% of structure) 770,282 585,200 Technology Equipment (10 Yr bond @5.5%) $ 6,248,625 $ 1,249,725 $ 4,998,900 $ 999,780 CAD System Upgrade Only $ 475,000 $ 380,000 Other systems, replacement 4,958,587 3,966,870 Contingency (15%) 815,038 652,030 Subtotal - Capital Requirement $ 14,921,726 $ 2,984,346 $ 11,636,100 $ 2,327,220 Proiected Fundino_ Available~ $ (4,339,486 $ (867,897) $ (4,339,486) $ (867,897) Contingency/Reserves Available 2 $ (1,378,524) $ (1,378,524) Replacement Reserves Available 3 (1,874,456) (1,874,456) E911 Funding (1,086,506) (1,086,506) Net Capital Costs $ 10,582,240 $ 2,116,448 $ 7,296,6t4 $ 1,469,323 The maximum capital contribution is $3 million per member cities, or $15 million in total. This is based on a $8.7 million building cost and a $6.3 million equipment cost. The alternative estimateepresents the more likely capital needs for both the building and the equipment. Note: 1. Valley Com proposes that Federal Way to receive 1/5 of the credit from the reserves and other available sources same as other member cities. 2. Projected contingency reserve balance at year end 1999 ($698,178 capital charge/S857,346 contingency) less $177,107 operating contingency. 3. Projected replacement reserve balance at the end of 1999. Vc Exhibit I - Capital 6/21/99 3:22 PM Exhibit 2: Federal Way Valley Com Membership Pro Forma Rates 1999 pro forma ¢) Option 1 Option 1B (2) Option 3 1998 Actual 1997 Actual Police Only Partner Police & Fire Partner Status Quo FW as Member FW as Member Operating Expenses Personnel(2) $ 5,249,672 $ 5,749,672 $ 5,249,672 $ 4,191,330 $ 4,014,757 Operating Supplies 55,220 55,220 55,220 in maintenance 51,873 Other Operation and Maintenance 400,858 400,858 400,858 1,069,630 353,450 Depreciation 223,000 223,000 223,000 221,500 166,748 Designated Cost Center CAD, net of pass through revenue 63,231 63,231 63,231 in maintenance 60,413 infrastructure/MDT, net of pass through revenue 25,780 25,780 25,780 in maintenance 76,948 800 MHz, pass through only Other Revenues: 911 reimbursement (199,204) (199,2041 (199,204) (298,000) (250,000) Operating Fund investment interest (571290) (57,2901 (57,290) (45,000) (45,000) Operating Contingency (3% of Exp) 177,107 177,107 177,107 161,586 114,100 Projected Debt Service on Proposed Improvement Building (this equates to $18.50/sq ft) @6%, 20 Yrs. 458,475 458,475 458,475 Equipment, @5.5%, 10 Years. 270,369 279,369 270,369 Total OperatingExpense $ 6,667,218 $ 7,167,218 $ 6,667,218 $ 5,301,046 $ 4,543,289 Total Estimated Call Volume (3) 340,600 361,508 340,600 336,345 339,511 Per Call Expenditure 19.57 19.83 19.57 15.76 13.38 Subscriber Contract Rate With New Improvements 19.50 19.75 19.50 18.50 18.50 'rojected Subscriber Call Volume (w/o FW) 53,457 53,457: 103,832 53,309 53,605 Subscriber Pay $ (1,042,412'~ $ (1,055,776) $ (986,217) $ (991,693] Undesignated Beginning Fund Balance (681,704] (681,704) Capital Reserve 106,618 107,210 Amount To be allocated to Members $ 4,943,103 $ 5,429,738 $ 4,421,448 $ 3,658,807 Member Call Volume (w/FVV) Per Adopted Budget 287,143 308,051 236,768 283,036 285,906 FW Police DCFS: 50,375 50,375 50,375 50,779 53,649 FW DCFS as % of total Member DCFS 17.54°/, 16.35% 17.94% 18.76% Federal Way Operating Cost w/o Debt Service/Depreciation 744,301 783,650 982,310 793,244 6861559 Federal Share of Debt Service 122,890 104,263 Federal Way Cost as Member 867,192 887,912 982,310 793,244 686,559 Federal Way Cost as Subscriber: 982,310 994,903 982,310 9391412 992,507 Estimated Cost Savings 115,118 106,991 146,167 305,948 Note: (1) Pro forma is based on 1999 Valley ComAdopted Budget with the proposed cap~tal financing added (2) Under option 1 B, no detailed analysis has been performed at this time to evaluate the cost and operating impact to Valley Corn in their assumption of South Corn's calls The amount shown assumes 10 additional FTEs and $500,000 additional operating costs, allocated to all dispatched calls These assumptions could change depend on the actual personnel/cost requirement and Valley Com's rate setting policy (3) Assume all South Com calls will be transferred to Valley Corn with the exception of Normandy Park Police The DCFS will be transferred to VC 20.908 The estimated total Valley Corn call volume for 1999 is 3% less than the number shown in Valley Corn's budget to reflect the lower call volume expected for Federal Way Vc Exhibit 2 - Projected Rates 6/22/99 1238 PM Exhibit 3 City of Federal Way Dispatched Call for Services Year DCFS 1997 Actual 53,649 1998 Actual 50,779 1999 Projected, based on Jan-May calls 46,697 I Average:~ 50,375 Note: 1 The actual call volume in the past three years shows a declining trend, but the three year history is not sufficient to establish the trend therefor average is used for the analysis. Vc Exhibit 3 - FW DCFS 6/21/99 3:22 PM Exhibit 4: Federal Way Dispatch Service Options 10 Year Cost Projection Inflation Factor: 2.50% Option 1 Option 2 Option 3 1 B:VC Projected Operating Cost 1 A: VC partner partner w/Fire S. Com Partner Status Quo 1999 $ 744,301 $ 783,650 $ 1,007,497 $ 982,310 2000 762,909 803,241 1,032,685 1,006,867 2001 781,982 823,322 1,058,502 1,032,039 2002 801,531 843,905 1,084,964 1,057,840 2003 821,570 865,003 1,112,088 1,084,286 2004 842,109 886,628 1,139,891 1,111,393 2005 863,162 908,793 1,168,388 1,139,178 2006 884,741 931,513 1,197,598 1,167,658 2007 906,859 954,801 1,227,537 1,196,849 2008 929,531 978,671 1,258,226 1,226,770 10 Yr Operating Cost: $ 8,338,694 $ 8,779,526 $ 11,287,375 $11,005,191 10 Yr. Debt Service: 1,228,905 1,042,628 925,057 - iGrand Total over 10 Years: $ 9,567,598 $ 9,822,154 $ 12,212,432 $11,005,191 VcExhibit 4 - Projection6/21/993:22 PM ~ ~ COMMUNICATIONS 7 · CENTER ! I/~I 23807-98 AVE S · KENT, wa 98031 .~ITY MANAGER'S OFFICE · (253) 854-4320 · FAX (253) 859-5736 June 15, 1999 Ken Nyberg, City Manager 33530 1st Way South Federal Way, WA 98003 RE: Response to Questions from May 25th Valley Corn/Federal Way Meeting Dear Ken, I've consulted with our owner cities on the issues Jim Hamilton raised regarding the possibility of Federal Way Fire Department parmering with the City of Federal Way as a potential Valley Com owner. Listed below are the results of our discussions regarding the critical issues. 1. Ownership Status: The Mayors of our owner cities were not concerned when presented with the scenario of the City of Federal Way and the Federal Way Fire Department developing a partnership agreement as a potential Valley Corn owner. 'The Fire Department would have the rights and responsibilities of an owner city fire department and the Mayor of Federal Way would act on the Fire Department's behalf at an Administrative Board level. This arrangement between the City of Federal Way and the Federal Way Fire Department would need to be transparent and not create any inconsistencies in the current administration or operation of the Center. 2. Current South Com Employees: As I indicated at the meeting, Valley Com would be willing to give preference to current South Com employees as long as they meet the same qualifications that our other employees met in order to be hired. All Valley Com employees are subject to a probationary period of one year and South Com dispatchers will not be able to transfer their current benefits to Valley Com. 3. Response Time Standards: Attached is a recent history of Valley Com's response times on the highest priority calls (the majority of fire/EMS calls fall in this category). The elimination of the transfer time between the Primary PSAP and South Com as the Secondary PSAP will be beneficial. Although there was some interest in establishing a specific standard and we see the value in that, such a standard has not been established with our agencies to date. Without a thorough evaluation, it would be premature to commit to a standard that may be operationally unrealistic. With that said however, we will endeavor to continue decreasing our response times through training and procedural modifications and hope to exceed Federal Way Fire Department's stated expectations. 4. Contingency Dispatching Services & Contract Agencies: As you know, we are developing a plan for a new facility and we anticipate completion in July 2001. It would be our intent to integrate the Federal Way Fire Department into our operation once we have adequate space in the new facility. However, we would be willing to work with them in the event they require dispatching services more quickly than we are ready to make the permanent transition into our new facility. There are short term solutions that could be arranged if a more permanent commitment was made to Valley Com. Regarding the other public safety agencies South Com currently supports, we would need to determine the impact to Valley Com and gain approval for a contract relationship fi.om our Admin Board, but we support a long term strategy of having the entire Zone dispatched fi.om a single communications center. I believe this addresses all the issues mat were raisecl, but I'd be glad to discuss any further questions you or the fire commissioners may have. I look forward to working towards a sound regional solution for all of us. CC: Jay Covington, Renton City Manager Diane Supler, Auburn Finance Manager Brent MeFall, Kent Director of Operations John McFarland, Tukwila City Manager Derek Matheson, Assistant to the Federal Way City Manager Brian Wilson, Federal Way DPS Deputy Chief Jim Hamilton, Federal Way FD Administrator 0 LU 0 0 spuooes FEDERAL WAY FIRE DEPARTMENT 31617 1st Avenue South Federal Way, Washington 98003-5201 Ken Nyberg, City Manager City of Federal Way June 17, 1999 Dear Mr. Nyberg, I want to thank you for the opportunity for the Federal Way Fire Department to work with the City of Federal Way to evaluate proposals for public safety dispatching. Administrator Hamilton has noted that your staff, especially Mr. Matheson, have been very professional and helpful in this endeavor. As you are aware, our staff have developed a proposal for joint development of a local public safety dispatch center by the City of Federal Way and the Federal Way Fire Department. That proposal is attached. We have also included a response to your June 14 letter seeking clarification of a number of issues. I believe that you will fred that this proposal identifies the creation of a high quality public safety dispatching operation for the citizens of Federal Way. Our staff have identified operational and governance models that would provide both the City and the Fire Department with a high level of control over how dispatching operations are performed for their agencies. We have also evaluated, per your request, an option of partnering with the City of Federal Way in an owner/member role with Valley Communications. While we have some issues that will need additional clarification prior to making a f'mal decision, we have found that the Valley Communications responses to our questions have made this a credible alternative. Although we still have concerns with a lack of performance standards regarding dispatch processing times, we were pleased to see that this has become an issue of importance to Valley Communications and that they are taking steps to improve this important performance issue. The economic implications are substantial to the Fire Department, resulting in a $300,000 - $400,000 annual savings compared to the local dispatching center option. Phone: (25,1) 839-6234 or (253) 927-3118 · E-maih info@federalwayfire.org · Fax: (253) 529-7206 An Eclual Opportunity Employer We realize that timeframes for making this important decision are somewhat limited due to the need for Valley Communications to move forward with its construction program. Therefore, to assist in your decision making process, the Board of Commissioners are providing you with our positions on the dispatching models. These positions are preliminary and will need some finalization of details prior to a final decision by the Board of Commissioners. It is the position of the Board of Commissioners that a City/Fire Department partnership for dispatching services should be pursued. Both models (the local dispatch center and the Valley Communications models) appear to be viable. Based on our experience with our local dispatch center, we believe that the local dispatch model could provide a higher quality of service, but at a penalty in cost. It is the position of the Board of Commissioners that the City/Fire Department partnership at Valley Communications would best benefit the citizens of the Fire Department over the long term, and based upon the preliminary information available, we fred this option to be preferable. If the City of Federal Way elects to move forward with the option of becoming a member/owner of Valley Communications, the Federal Way Fire Department would seek to work towards a parmership with the City in that endeavor. It is the position of the Board of Commissioners that if the City finds that the member/owner role with Valley Communications is not appropriate, we would seek to work towards a partnership with the City in establishing a new local dispatch center as outlined in the attachment. We are planning to attend the June 28 meeting of the Parks/Recreation/Human Services/Public Safety Committee to address any questions the City may have regarding the local dispatch proposal and/or the Valley Communications proposal. Sincerely, Bill Martin, Chairman, Board of Commissioners Cc: Board of Commissioners Proposal for Partnership between Federal Way Public Safety and Federal Way Fire Department for Local Public Safety Dispatching June 28, 1999 Prepared by: The Federal Way Fire Department Table of Contents Table of Contents .................................................... Overview ............................................................... Existing Dispatch Center Profile ................................. South Com Staff Daily Operational Staffing Levels Dispatch Processing Time Customers Served Existing Dispatcher Profile ........................................ Proposed Dispatching Center Profile ............................ Normal Operations .................................................. Additional Personnel Needed ...................................... Center Operations/Console Arrangement/Floorplan ...... Cost Allocation ..................................................... Value and Service Added ......................................... Governance ......................................................... Administration Board ............................................ Operating Board .................................................. 2 3 3 3 7 8 9 10 13 15 16 16 18 3 Overview: This report has been prepared to examine the possibility of Federal Way Public Safety joining together with the Federal Way Fire Department in developing a partnership for local public safety dispatching. This proposal identifies methodologies to utilize our community's current investment in capital and staff as a foundation for dispatching services customized to the specific needs of Federal Way. This could be an exciting time for all participating agencies, enabling both police and fire agencies with the ability to specifically determine the level of service that they would like to have provided for themselves and the community they serve, both today and in to the future. This document will also identify the operational aspects of having a combined center in Federal Way, as well as the value and services that could be enhanced by combining fire and police into one center. Personnel requirements, technological upgrades, and associated costs over a twenty-year timeframe have been analyzed within this report. Existing Dispatch Center Profile: The Federal Way Fire Department has operated an emergency dispatch center since the mid- 1960's. The center initially only handled fire and EMS calls for service in the Federal Way community. The addition of other agencies in the center began the mid-1970's. The current location of the dispatch center, which was named South Com by consensus of the participating agencies in the center the early 1990's, occurred in 1979. Ever since that time, the dispatch center has been located in the Federal Way Fire Department headquarters station at 31617-1 Avenue South in Federal Way. The dispatch center currently handles emergency responses for a number of fire/EMS agencies, one police agency, and two of the King County Medic One paramedic units. The following gives an overview of the current staff and agencies dispatched out of South Corn: South Com Staff · 9 Dispatchers 4 Communications Supervisors (who also provide dispatching services) · 1 Deputy Chief (who currently oversees the center among his departmental responsibilities) Daily Operational Staffing Levels · Dayshift (6:30 am to 6:30 pm): minimum staffing of 3 maintained (one call receiver, one EMS/fire dispatcher, one police dispatcher) · Nightshift (6:30 pm to 6:30 am): minimum staffing of 2 maintained (one call receiver/police dispatcher, one EMS/fire dispatcher) · Staffing levels are occasionally above the minimum established level Dispatch Processing Time The average dispatch processing time for fire and EMS emergencies in the Federal Way community for 1998 was 43.05 seconds. Dispatch processing time is measured from the moment a phone call is answered by a South Corn dispatcher, to the moment help is dispatched via radio. Customers Served 1) Federal Way Fire Department Population Served: 100,000 Stations: 6 1998 Calls for Service: 8,946 2) North Highline Fire District (White Center) Population Served: 43,000 Stations: 2 1998 Calls for Service: 4,529 3) Normandy Park Police Department Population Served: 7,200 Officers: 18 1998 Calls for Service: 4,020 4) City of SeaTac Fire Department Population Served: 23,000 Stations: 3 1998 Calls for Service: 3,413 5) King County Medic One Population Served: approx. 200,000 Stations: 2 1999 Estimated Calls for Service: 3,590 An additional 339 calls were dispatched for Lakehaven Utilities in 1998, bringing the total alarm load for South Com in 1998 to 23,764. Existing Dispatcher Profile: The Federal Way Fire Department currently employs 13 dispatchers to cover 12 F.T.E. positions. One of the positions is a "job share", where two dispatchers cover the one position. Several of the current dispatchers bring both fire/EMS and police dispatching skills to the current center. The following gives an overview of the current dispatch personnel: Beasley Conner Everett Fuller Graddon Began as a volunteer Firefighter/EMT in King County Fire District 26. Began dispatching police and fire for Des Moines Police. Reserve police officer at Des Moines PD. Drove ambulance part-time. Has been a supervisor for 10 years at Des Moines Police and South Com. CJTC Basic Dispatch, Officer Survival, AA level computer programming and Administration of Justice course work. CAD system specialist. Experienced in UNIX, VB, BASIC, Pascal, and various applications. ACCESS Level II Certified. Employed with South Corn since 8/11/84. Began dispatching at Reno Communications Center as a Fire Dispatcher. Dispatched Fire and Police as well as supervised for 9 years. Dispatched at Valley Corn for 6 months prior to coming to Federal Way. Supervisor for 6 years at South Com. Holds a National Fire Academy Instructor 1 certificate. In second year (of four) of National Fire Academy Executive Fire Officer Program. NFA courses in Instructor 1, Course Development, Public Education (2), Training Program Management, Fire Service Organization. BS in education. AA in Liberal Arts and AA in Fire Science. Currently working toward MS in Human Resource Management. EMD Instructor certificate (was on the original team that developed the EMD program for King County). ACCESS Level II Certified. Employed with South Corn since 7/10/87.. Has been a reserve officer for Lodi Police. Spent 4 years rotating between Clerk, Jailer, ID Tech, and Court Officer. Prior to South Com has dispatched at Lodi Police and Valley Com. CJTC - Hostage Negotiations, Domestic Violence, and Dispatcher Roll In Officer Survival. Holds CISM certification (Critical Incident Stress Management). Has been Peer Support Counselor and Emergency Medical Dispatch Trainer. Currently an acting supervisor. ACCESS Level II Certified. BA in Criminal Justice. AA in Electron Microscopy (forensics). Employed with South Com since 8/27/91. Began as volunteer firefighter/EMT at King County Fire District 13 (Vashon) and continued at King County Fire District 26 (Des Moines). Began Dispatching for Des Moines PD and continued at Normandy Park PD until Normandy Park was absorbed by South Com. Acting supervisor at South Com. Has been a member on both APCO Law Enforcement Services and Fire and Rescue committees. ACCESS Level II Certified. Employed with South Com since 12/18/95. Began as a volunteer firefighter/EMT and dispatching for King County Fire District 2 (Baden) at 16. Has been a full time firefighter at King County Fire District 43 (Maple Valley). Has been a Fire Captain and a supervisor at Valley Corn and is currently a supervisor at South Com. CJTC - Hostage Negotiations. Has been involved in King County Search & Rescue (Operations Team Leader). State Certificate in emergency 6 Heier Hugo Kalmbaeh Lawson Parise VanDiver vehicle operation. Operates Gray Dawn Motor Escort Service. ACCESS Level II Certified and the ACCESS Terminal Agency Coordinator. Employed with South Corn since 1/13/86. Began as a volunteer firefighter/EMT and dispatcher at King County Fire District 11 (White Center). Worked full time until absorbed by South Com. Involved in amateur radio and ARES (Amateur Radio Emergency Service) for 7 years. ACCESS Level II Certified. Employed with South Com since 3/22/93. Began as volunteer firefighter/EMT at King County Fire District 26 (Des Moines). Reserve Officer for Pacific PD. Extensive experience dispatching ambulance for Shepard and fixed-wing and rotary tbr Airlift Northwest. Acting supervisor at South Com. ACCESS Level II Certified. Employed with South Com since 1/11/88. Began as a dispatcher/clerk at Benton County Sheriffs Office. Has dispatched at Kennewick EDC, Oregon City Police, and Valley Com prior to Federal Way. Has been a lead or acting supervisor at each of these (including South Com). Attended Oregon Police Academy and Washington State Patrol Academy for Communications. Married to WSP Lieutenant. ACCESS Level II Certified. Employed at South Corn since 11/16/87. Began as explorer with Seattle Fire Department. Volunteer Firefighter/EMT with King County Fire District 11 (White Center). Completed their dispatchers class and began working as a part time dispatcher. Worked full time until absorbed by Federal Way Fire. Past Fire Service Training Center instructor. Acting supervisor at South Com. ACCESS Level II Certified. Employed with South Corn since 3/22/93. Began as volunteer firefighter/EMT at King County Fire District 10 and a full time dispatcher at Control 10 (KCFD 10). Graduated from Renton Voc-Tech and holds a certificate in Emergency Dispatching. 1 1/2 years as a supervisor at Control 10. Prior to working at South Corn, dispatched for Shepard Ambulance (ambulance, fixed wing, and rotary). APCO certified trainer, Fire Service Training Instructor, National Fire Academy Leadership I & II. ACCESS Level II Certified. Employed with South Com since 5/20/98. Began as firefighter/EMT with Seattle Fire Department and volunteer at King County Fire District 26 (Des Moines). Retired on disability and began dispatching at Federal Way. Holds a certificate in Telecommunications Management. Supervisor at South Corn for 6 years. Emergency Management for 6 years. ACCESS Level II Certified. Employed with South Com since 8/22/85. 7 Wilcox Zielke Extensive police background (work experience and training), beginning as an Explorer in Red Bluff, CA. Full time as police clerk/records/ warrants/jailer and reserve police officer in Red Bluff. Acting Supervisor at Red Bluff and South Com. CLETS Trainer. ACCESS Level II Certified. Married to Federal Way PD Detective. Employed with South Com since 4/28/97. Began as a Firefighter/EMT for Bridgeport Fire Department and Moses Lake Fire Department. Worked at Benton County Sheriff's Office, Valley Com and Normandy Park Police prior to South COM. King County Search & Rescue for 14 years (Operations Leader), FCC Amateur Technician-Plus License (Amateur Radio), CJTC Basic and Advanced Dispatch Academy, Hostage Negotiation, Suicidal Callers, Dispatcher Role in Officer Safety, Crime Scene Recognition, Substitute Instructor Renton Technical College. Acting supervisor at South Com. ACCESS Level II Certified. Employed with South Com since 4/19/96. The experience and dedication of the dispatchers should help to make the partnership between Federal Way Public Safety and the Federal Way Fire Department a smoothly operating venture. Proposed Dispatching Center Profile: Discussions with a workgroup made up of current Supervisors and Dispatchers, many of whom have several years of experience in the field of both police and fire dispatching, have allowed the development of a staffing methodology combining both police and fire dispatching in the center. Using an operational model of true assignments, the workgroup has identified the need for 26 dispatch personnel to accomplish the goal of providing four (4) dispatch consoles (2 police and 2 fire) and two (2) call receivers staffing the peak hours. Off-peak hours will have three dispatch consoles (2 police and one fire), one (1) call receiver and one (1) call receiver/fire dispatcher. South Corn currently has four (4) shifts, which are assigned the numbers of Al, A2, B1 and B2. The dispatchers work twelve (12) hour shifts as a team. In order to provide the required staffing to adequately handle all current agencies emergencies, as well as the addition of Federal Way Public Safety, the staffing required would look like this: A1 Shift-Daytime Peak Hour Team: 1-Supervisor 5-Dispatcher/Call Receivers 1-Relief Dispatcher 8 BI Shift-Daytime Peak Hour Team: 1-Supervisor 5-Dispatcher/Call Receivers 1-Relief Dispatcher A2 Shift-Night Off Hour Team 1-Supervisor 4-Dispatcher/Call Receivers 1-Relief Dispatcher B2 Shift-Night Off Hour Team 1-Supervisor 4-Dispatcher/Call Receivers 1-Relief Dispatcher During peak hours, this model has identified two (2) POLICE dispatch consoles, two (2) FIRE/EMS dispatch consoles and two (2) call receivers. During off peak hours, this model has identified two (2) POLICE dispatch consoles, one FIRE/EMS dispatch console, one (1) call receiver and one (1) call receiver/FIRE dispatch console. The total staffing required would be 26 personnel. For key performance of all personnel, the Supervisor would typically rotate all personnel through all of the different staffed positions on a regular basis, such as having each dispatcher work each position once a month. This will maintain operational readiness to be able to staff any assigned position. The same would be true for the Supervisors, 'who would rotate through all of the positions on a normal basis to maintain their operational level of training. Continuity would be provided, however, during each shift by not rotating positions of assignment except for needed breaks. Normal Operations: The operation of the center would include the aforementioned call receivers and dispatchers providing the highest level of community based services to each agency as requested by that agency. The following establishes how calls would be processed to ensure that each call is handled quickly and efficiently: 1) Calls would come into the call receiver positions via 9-1-1. The call receiver would ask if the caller is reporting a "Police, Fire or Medical Emergency". 2) If it is a fire or medical emergency, the caller is immediately transferred to the dispatchers working the FIRE/EMS consoles for interrogation and processing. This will minimize call receiver time on FIRE/EMS calls and maximize the time available to handle POLICE calls. It will also maintain FIRE/EMS processing times at our accustomed 43 seconds. 3) If it is a police emergency, the call receiver will gather the necessary information and enter it into the CAD system. Once the necessary information has been entered, the 9 call receiver will forward the CAD information to the appropriate POLICE console for processing. 4) The call receiver will immediately transfer joint calls involving both FIRE/EMS and POLICE to the FIRE/EMS consoles for interrogation and dispatching of appropriate units, including POLICE. The gathering of information for the POLICE dispatcher shall also be handled during the interrogation. 5) In the off-peak evening hours when there is only one call receiver, the secondary FIRE/EMS console dispatcher will act as a second call receiver from the console position should traffic pick up. The aforementioned methodology should ensure that calls are processed quickly and efficiently for all types of responses. Additional Personnel Needed to Provide These Services: The following addresses the personnel needs required to provide dispatching services to all of the agencies Federal Way Fire currently dispatches for, as well as adding Federal Way Public Safety: 1) 2) 3) 4) A full-time director will be required to manage, coordinate, and provide customer service. A full-time technician to manage and repair technical components not otherwise covered by contracted services. The technician would: a. manage/repair phone systems b. manage technical issues related to operating the CAD and data systems c. manage the VHF and 800 MHz radio systems Two (2) call receiver positions available during peak hours to handle the volume of calls being answered at South Com should Federal Way Public Safety decide to partner in the center with Federal Way Fire. The addition of the two call receiver positions would: a. Maintain the standard of performance that no more than 10% of the 9-1-1 calls go unanswered for more than 10 seconds. b. Provide two call receivers during the peak telephone traffic periods, which is typically during the daytime hours. The evening hours, which are slower, could be staffed by one single call receiver, with any overages being covered by FIRE/EMS dispatchers working the console positions. Four (4) dispatch consoles staffed 24 hours a day, 7 days a week. The console positions would be staffed as follows: a. One console shall be assigned as Federal Way Police primary dispatch. b. One console shall be assigned as Federal Way Police secondary dispatch and Normandy Park Police primary dispatch. c. One console shall be assigned as Fire/EMS primary dispatch. d. One console shall be assigned as Fire/EMS telephone interrogation and secondary dispatch. 10 A total of fourteen (14) new dispatching positions would need to be filled to cover the call receiver and dispatch positions explained above. In addition, a director and technician would provide the management and technical support the center would require. Center Operations/Console Arrangement/Floorplan: The proposed floorplan for the center is attached to this report. It shows four (4) console positions for actual dispatching, all of which have access to both VHF and 800 MHz. In addition, there is a standby or backup console available for use should it be needed for training or when a technician is servicing another console. The two (2) call receiver positions are located adjacent to the dispatch consoles in an attached room, which provides for easy access to the call receivers should the need dictate. Federal Way Public Safety would be provided the opportunity to have direct input into the floorplan arrangement. To migrate into the new partnership being proposed between Federal Way Public Safety and the Federal Way Fire Department, there would be a need for capital expenditure to upgrade the system currently in use. Additional Capital Outlay: A specific explanation of technological upgrades desired and needed is attached in an excerpt from a report to the Federal Way Fire Department by Adcomm Engineering. The following gives an overview of the technological upgrades as recommended by AdComm Engineering, as well as the South Com operational workgroup, to enable the communications center to provide the highest level of community-based service possible to all user agencies. 1) Upgrade the C.A.D. system to a state-of-the art system. a) Upgrade to include the ability for Mobile Data Terminals, Mobile Computer Terminals, records, tone and alphapage interface, and an interface to the NCIC/WACIC Access program. b) Cost will be approximately $950,000 up front expenditure, and approximately $9,500 annually in upgrade costs. 2) Upgrade current logging recorder to 24 channel P.C. based recorder. This will be a $45,000 up front expenditure, and approximately $4,000 annually in maintenance costs. 3) The use of data communications to provide Federal Way Public Safety with at least the same level of technology they are currently utilizing will need to be provided either through contracting with Valley Communications to access their current system, or by changing over to C.D.P.D. digital technology. Adcomm Engineering has estimated that $75,000 in up front costs would provide the link from the new CAD to Valley Comm's system, with an ongoing annual cost of $10,000 to access the system. 11 4) 6) Automatic,ehicle Location (AVL) can be provided with an up front expenditure of $25,000, and an ongoing annual cost of $1,500. This utilizes the current MDT system technology to provide AVL back to the new dispatch CAD system. The current facility will require the following upgrades: a. card/swipe door system for all doors at approximate cost of $2246 b. exterior camera system with 2-cameras at approximate cost of $1896 Facility Upgrade The electrical systems will be upgraded by the FWFD. A new emergency power generator was recently installed. An on-line UPS will be installed as part of the preparation for the CAD upgrade. Security glass will be installed. Costs for these facility upgrades will be borne by the FWFD. The current console/radio system will require the following upgrades and additions: a. Additional radio positions at current OP4 position, as well as one that could be located at a backup console position. Two of the radio positions would be set up as CRT-type of radio consoles. The CRT positions would be in the Federal Way primary and backup radio console positions. The total cost for this upgrade, including the radio system and associated console furniture, would be $141,180. b. Three (3) additional console furniture positions. Two (2) of which will be for call receiver positions, and the third for a potential backup console. The cost of this furniture is included in the aforementioned cost. c. Two (2) additional phone positions for the call receivers will be required to be linked into the Positron system. d. The addition of additional 9-1-1 trunk lines from the King County E-911 system. It is projected that the current system in South Com will expand from four (4) 9-1-1 trunks to six (6) 9-1-1 trunks. This would be coordinated through King County E-911. Annual Costs: The annual costs for a Federal Way dispatch center have been identified below. These costs are based upon 1999 wages, benefits, etc. Capital reserves are based upon the additional capital outlay. 12 ". '.."'.'..':, "~'ACCT.~ .D'mSCRIPTTON. ,,~,,. ... '5 ', CENTRR REGULAR HOURS 61, 152 OVERTIME HOURS 4,728 TOTAL PAID HOURS 65,880 HOLIDAY SELL-BACKS 17,982 REGULAR SALARIES 1,201,434 OVERTIME SALARIES 137f112 TOTAL SALARIES 1,356,528 LIFE INSURANCE 3,468 LABOR & INDUSTRIES 4,510 MEDICAL/DENTAL 133,307 PENSIONS FULL TIME 90,109 SAVINGS 34,800 MEDICARE 15,877 SOCIAL SECURITY - TOTAL BENEFITS 282,071 DIRECTORIES !MAPS & MAP SUPPLIES REFERENCE BOOKS UNIFORMS MISCELLANEOUS SUPPLIES 615 300 500 3~600 5,015 EQUIP/REPAIR REPAIR PARTS 8OO 8OO COMMUNICATIONS EQUIP/UPGRADES [TAPES/RECORDING iTELEPHONE/CELLULAR SMALL EQUIPMENT TOTAL EQUIP. & SUPPLIES 22,000 2,050 24,050 29,865 WSP ACCESS FEES OTHER SERVICES 8,100 8,100 OUTSIDE TRAINING TRAVEL OUTSIDE TRAINING 17, 2, 19, 690 050 740 COMMUNICATIONS EQUIP !EQUIP/REPAIR NON-CONTRACT REPAIRS MAINTENANCE TOTAL PURCHASED SVCS. 81, 4, 6f 92, 119, 581 000 445 026 866 TOTAL OPERATING EXPENSES: CAPITAL RESERVES: TOTAL ANNUAL EXPENSES: 1,788,330 140,046 1,928,376 13 Cost Allocation: In order to provide a good comparison to existing costing structures, the allocation of ongoing costs have been allocated on a cost/call basis. There was also a recognition that fire dispatching consumes more resources on a per-call basis than police dispatching. For that reason, police dispatching costs were set at $20.00 per call and fire dispatching was set at $25.00 per call. Total revenues for this proposal are currently inadequate to cover all costs, and the Federal Way Fire Department will provide a subsidy to balance income with expenses. This is not a new concept, since the Federal Way Fire Department has been providing a subsidy to the current dispatch center for many years. The fundamental premise behind this subsidy is the value of services that the Department receives from having a local dispatching operation, and in particular, in the quick dispatch processing times that we receive. Due to distance and traffic congestion issues in Federal Way, time is an essential element in dispatching services. As noted above, the current center provides a dispatch processing time of 43 seconds. Long response times for the fire service are typically resolved through the building of additional stations, at a cost of over $1 million per year in annual operating costs and $1.5 million in facility costs. An investment in the front end of the system at the dispatch center can actually save taxpayers significant expense over the long term. In this proposed Federal Way dispatch center, the subsidy could be reduced over time as call volume increases exceeded inflation. The cost allocation resulted in the following costs for Federal Public Safety: INCOME~ KCEMS Dispatch KC 911 Fees North Highline Dispatch SeaTac Dispatch Normandy Park Dispatch Federal Way Fire Dispatch Federal Way Police Dispatch TOTAL= 70 005 48 625 113 225 85 325 80 400 223 650 1,015,560 1,636,790 DISPATCHED CALLS= North Highline Dispatch Cost~Call: eaTac Dispatch Cost/Call: 'ederal Way Fire Dispatch Cost/Call: Federal Way Police Dispatch Cost/Call: Normandy Park Police Cost/Call: KCEMS Dispatch Cost/Call: Total Calls= 4,529 25 00 3,413 25 00 8,946 25 00 50,778 20 00 4,020 20 00 3, 90 19 50 75,276 Total Revenue= 1,636,790 Total Expenses= Federal Way Fire Subsidy Needed= 1,928,376 291,586 14 Although the existing investment will be leveraged to significantly reduce the cost compared to building a new facility in Federal Way, there will be some starmp capital costs for establishing this center. Those costs are identified below: · ". ,~: :.. '.Z~,~,v,~..· ~,.~,~'a~,,,,z~.~., .. :. :.~., ',-: ... ~s. '.',,.,. ,... Logging Recorder 45,000 6,429 CAD 950,000 95,000 New Consoles 141,180 20,169 Paging 25,000 3,571 Card Access 2,246 321 Camera System 1,896 271 AVL 25,000 3,571 MCT 75~000 10,714 Total: 1,265,322 140,046 The Federal Way Police dispatched calls would be equal to 67.46% of the total. We have utilized that ratio to allocate the original capital costs required to upgrade to existing dispatch center. Based upon this allocation model, the one-time capital costs would be as follows: .... ~.&~ L~!'.':~'~ ~4c.~$~i~ : .l~'}i,~l~ll~i %; '. ;r4 :'"., .. ' ~: : :...' ",~. ~i.?,~.l:,.~,,. :llg~iigt~.'~ .]I~,.~;.'~A~K ... ~.,~,,,~,..~ ..... ..; . ,~lJt~at~ ......... ,. FEDERAL WAY FIRE 411,789 FEDERAL WAY PUBLIC SAFETY 853,533 Total: 1,265,322 There will also be some one-time transition costs for Federal Way Public Safety when they move from Valleycom to a Federal Way dispatch center. Those costs are identified below: POLICE TRANSITIONAL COSTS TO PARTNER AT FEDERAL WAY FIRE DATABASE DEVELOPMENT LINKAGE TO RECORDS MANAGEMENT SYSTEMS TOTAL: 50,000 25,000 75,000 There are a number of capital facility and operating services that will also be provided to this proposed center at no additional cost by the Federal Way Fire Department including the following: · A dispatch facility with an adjacent Emergency Operations Center · Backup emergency power · Uninteruptable Power Supply · Payroll services · Insurance 15 Value and Service Added: The communications center being operated by the Federal Way Fire Department can provide added services and overall value to Federal Way Public Safety. The following list examines those increases to the current level of service being provided to Federal Way Public Safety. Should Federal Way Public Safety partner with the Federal Way Fire Department in expanding the existing community investment in local dispatching, they will be provided with: 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) A dispatch center located within the City of Federal Way, as opposed to another community or city. This will help to keep control right here in Federal Way. Community-based dispatching from dispatchers who are intimately knowledgeable of the Federal Way community. Improved communications and coordination between Federal Way Fire Department and Federal Way Public Safety personnel on all emergency responses. The ability for Federal Way Public Safety to have direct input and control over how they are dispatched, how incidents are coordinated, and the level of dispatching service they wish to provide to the Federal Way community. The ability to have access to all digitized complex maps, covering apartment complexes and commercial structures, utilized by the Federal Way Fire Department on emergency responses. The ability to alphanumerically page any officer, police or fire, as needed to pass along information: a. business in nature b. related to an emergency incident A local facility established for joint police and fire emergency operations. This includes an emergency operations center (E.O.C.) that is adjacent to the dispatching center. A radio system infrastructure that includes 800 MHz and VHF. Both systems would be available at the center, which provides for emergency backup to one another should either system fail during a major event such as an earthquake. Improved coordination of emergency responses involving fire and police units, to include: a. motor vehicle accidents b. assaults c. incidents involving weapons d. bomb threats e. civil disturbances f. fires g. major windstorms h. earthquakes i. natural disasters All dispatchers are ACCESS level II certified. This allows them to enter and maintain wanted and stolen data. 16 13) 14) Elimination of the time it takes for the transfer of emergency calls from one P.S.A.P. to another. This will have an effect of reducing response times for fire and EMS. Very little tumover of experienced personnel. The current dispatcher profile shows that dispatchers who are employed and trained at South Com have an average tenure in Federal Way of 8 years 1 month. The fact that Federal Way dispatchers have binding arbitration, eliminating the potential for labor problems such as strikes. The opportunity to develop a performance standard with ongoing monitoring. The development of a center with both police and fire allows for standards to be set and monitored for all participating agencies. Governance Since this will be such a significant enhancement to the existing dispatch center, the Federal Way Fire Department remains open to various governance structures. The model identified below is based on investment by the City of Federal Way in the one-time capital costs identified above. A Center Director that serves at the will of an Administration Board would manage the center. The Administration Board would be empowered to make broad-based policy decisions. An Operating Board would be formed to advise the Center Director on day-to-day operational issues. The following is a hypothetical model of a governance structure: ADMINISTRATION BOARD There is hereby established a Federal Way Dispatch Center Administration Board (Administration Board), initially consisting of the participating city of Federal Way and the Federal Way Fire Department. Said Administration Board shall have the responsibility and authority, among others, for managing emergency service communications and functions incidental thereto, for the purpose of communicating and dispatching in the furtherance of public safety and emergencies within the aforementioned member agencies. In addition thereto the Center may serve other municipal corporations (subscribing agencies) existing within the logical, physical service area and which are in need for emergency service communications. The affairs of the Center shall be governed by a Administration Board composed of elected officials (city councilmembers/district commissioners) or staff, with two members from the City of Federal Way and two members representing the Federal Way Fire Department. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Administration Board. The Dispatch Center shall be governed by the Administration Board, which powers shall include, but not be limited to the powers listed below. A. Recommend action to the legislative bodies of the participating members. B. Review and approve budget expenditures. 17 Jo Lo Approve or disapProve budget expenditures recommended by the Center Director and Operations Board. Establish policies for expenditures of budget items for the Center. Review and adopt a personnel policy for the Center. Conduct regular meetings as may be necessary. Determine what services shall be offered and under what terms they shall be offered. Authorize agreements with third parties implement the purposes of this Agreement. for goods and services necessary to fully Establish rates for services provided to other members, subscribers or participating agencies. Direct and supervise the activities of the Operations Board and the Center Director. Authorize agreements with and receive and distribute funds from any federal, state or local agencies. To make and alter bylaws for the administration and regulation of its affairs. Authorize contracts with future participating members and subscribers to provide communications services. 18 OPERATING BOARD There is further established an Operating Board which shall consist of two (2) members of each participating agency's Public Safety Department(s), including the head of such Department(s) and/or their designee(s). The purpose of the Operating Board shall be to advise the Center Director on operational issues. The recommendations of the Operating Board are not binding on the Center Director. Each Board member shall have an equal vote in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operating Board. It is understood that the Administration Board is the Governing Board of the Center. The position of the Operating Board is to oversee the day to day operation of the Center and advise and make recommendations to the Administration Board. The Operating Board is also charged with the following responsibilities: A. Recommending to the Administrative Board a person to serve as Director. B. Presentation of a Proposed Personnel Policy to the Administration Board. C. Presentation of the Budget to the Administration Board. D. Supervision of the Director. E. Approval of disbursement of funds by the Director. F. Recommending policy changes to the Administration Board. G. Other responsibilities as delegated by the Administration Board. {2) rtl May 12, 1999 Federal Way Fire Department King County Fire District #39 31617 1't Avenue South Federal Way, WA 98003 ATTN: Tom Batten Facilities Supervisor RE: Seismic Evaluation of Fire Station #2 3167 - 1't Avenue South EWN #99007002 Mr. Batten: Introduction As you requested, I have reviewed the architectural and structural plans which you loaned to us for Fire Station #2 in Federal Way. The building was constructed in two phases. The first phase consisting of a building with aPproximately 9200 SF of ground floor area and 4700 SF of second floor area. This was built about 1976. No dates were found on the drawings for this phase except where the electrical engineer dated his professional stamp. The second phase which was constructed in 1984 consisted of two levels of approximately 1200 SF each. Both phases were connected by a common wall. I assume that because of the age of this building and the much publicized finding of new seismic faults below Puget Sound, you began to question the seismic adequacy of the Station #2. It is for this reason that you forwarded us the drawings for review and evaluation. Qualifications ENW is a structural engineering firm specializing in commercial buildings. Since the early 1960's, ENW has been involved in the design of thousands of new structures as well as the evaluation, and many times rehabilitation of existing structures. While most projects are located in the northwest states, we currently provide structural services throughout the United States as well as Canada. ENGINEERS NORTHWEST, INC. P.S. - STRUCTURAL ENGINEERS 6869 WOODLAWN AVENUE NE. SEArI-LE, WA 98115 (206) 525~7560 FAX (206) 522-6698 May 12, 1999 Federal Way Fire Department Seismic Evaluation of Fire Station #2 Page 2 of 5 Our staff of 35 employees includes 17 structural engineers. Their education and experience provides a considerable base of knowledge on which to draw. Projects in Seattle's aging Pioneer Square district as well as numerous rehabilitation jobs coupled with experience in post-earthquake evaluation and preparation of many seismic reports for buildings throughout the West Coast states provide a strong background for this study. Documents Reviewed Drawings A-1 to A-12 and S1 to S5 prepared by B&B Building Designers entitled "Fire Station #9 for King county Fire Protection District #39" drawings probably completed in October 1976. (Although the drawings say Station #9, it is actually Station #2). Drawings A-1 to A-4 and S1 to S3 prepared by Ridenour and Cochran Architects of Bellevue, Washington entitled "Remodel and Addition to Station #2 - King County Fire Protection District #39" dated October 1984 - Structural design by Gary Swenson. Regional Seismicity The Puget Sound region is a seismically active area. About sixteen moderate to large earthquakes have occurred in the Puget Sound and northwestern Cascades region since 1872. The larger recorded seismic events have included the magnitude 7+ North Cascades earthquake of 1872, the magnitude 7.3 Vancouver Island earthquake of 1946, the magnitude 7.1 Olympia earthquake of 1949, the magnitude 8.1 Queen Charlotte Island earthquake of 1949 and the magnitude 6.5 Seattle earthquake of 1985. In addition to Puget Sound seismic sources, a great earthquake event has been postulated for the Cascadia Subduction Zone (CSZ) along the northwest Pacific coast of Oregon, Washington and Canada. The current risk of a future CSZ event is not known at this time. Published reports have indicated recurrence intervals for a CSZ event to range from as little as 100-200 years to as long as 1000+ years and the time of the last event is reported to have been about 300 years ago. King County requires consideration for seismic design of an earthquake with a ground acceleration level that has a 10% change of occurring within a 50 year period. In essence, an earthquake of this magnitude is expected to occur at least once every 475 years. Based on an analysis of historic seismic events recorded from 1872 to 1995 within the Puget Sound/North cascades area an average 475-year recurrence ground acceleration was calculated to be about 0.24g peak for the general Puget Sound region. ENGINEERS NORTHWEST, INC. P.S. - STRUCTURAL ENGINEERS 6869 WOODLAWN AVENUE N.E. SEATTLE, WA 98115 (206) 525-7560 FAX (206) 522-6698 May 12, 1999 Federal Way Fire Department Seismic Evaluation of Fire Station #2 Page 3 of 5 Analysis The governing design code for the Western United States is the Uniform Building code (UBC) which is revised every three years, however, some municipalities may not adopt revised additions of this code until several years after they have been published, therefore, it is difficult to tell which issuance of the UBC governed the design of this fire station. The 1976 phase of construction was probably designed under the rules of the 1973 UBC and the 1984 phase under the rules of the 1982 UBC. After each major earthquake, the seismic portion of the UBC becomes more restrictive and more requirements dealing with details and design procedures are added. In 1973, requirements were added to the 1973 UBC dealing with the anchorage of floors and roof to exterior walls. This resulted from findings after a major California earthquake in 1971. There have been many major earthquakes since 1971, usually in California, which have influenced the seismic requirements of subsequent UBC codes. The 1994 and 1997 UBC, the codes in use today along the West Coast, have had dramatic design revisions added. Certain buildings and types of construction which may have been used in the early 1980's are today forbidden in high seismically active areas. Fortunately, Fire Station #2 in Federal Way is not one of these buildings. The methods of design and construction that would be used for a station like this today are very similar to those used at the time of the actual construction of this facility. This facility is basically "box type" construction with reinforced concrete masonry unit (CMU) walls and precast concrete second floors and roofs. The only timber construction is over the apparatus room. The requirements for this type of construction have not changed significantly since 1973. The overall total seismic lateral load for this type of building is commonly referred to as "base shear" and it has not increased since 1982. Both the 1982 and the 1997 UBC have an importance factor added to the base shear load for essential facilities such as fire stations. This increases the building base design shear by 50% and hopefully assures that an essential building will remain standing after the non-essential buildings have collapsed. ENGINEERS NORTHWEST, INC. P.S. - STRUCTURAL ENGINEERS 6869 WOODLAWN AVENUE N.E. SEATTLE, WA 98115 (206) 525-7560 FAX (206) 522-6698 May 12, 1999 Federal Way Fire Department Seismic Evaluation of Fire Station #2 Page 4 of 5 The 1976 original construction under the 1973 UBC had a base shear of only 67% of current design code requirements because it did not recognize an importance factor for essential buildings. However, my analysis and review of the original construction documents furnished to us by you showed that the 1976 original building still has enough reserve strength to resist the current code base shear for an essential building. I foresee no problem with either the 1976 or the 1984 portion of this fire station safety resisting the current 1997 UBC design required loads. Summary My review of the original contract documents, a site visit on May 11, 1999 and a cursory design analysis based on the original contract documents showed that: 1. The foundations were adequately sized. The 8" CMU exterior walls are heavily reinforced and have adequate strength to resist seismic forces both perpendicular and parallel to the walls. There is adequate vertical reinforcement at the ends of walls and adjacent to openings to resist any seismic overturning tensile forces in the wall. The walls are adequately tied to the floor and roof diaphragms with embedded reinforcing dowels (Note: this is an important code requirement). The mansard roof seems to be well detailed and adequately secured to the concrete roof planks. The timber roof over the apparatus room appears to be well anchored to the CMU exterior walls with embedded plate connections tied to the main glu- laminated beams and with embedded purlin anchors at the side CMU walls which also support the second floor and concrete roof. The purlins are also strapped across the first main glu-lam beam at each side of the apparatus room. My site visit showed that the CMU walls are in excellent condition. Minor cracking has occurred in some areas around the truck doors, but this was due to damage from trucks and not seismic activity or foundation settlement. I saw no evidence of any damage from previous earthquakes or overloading due to gravity. ENGINEERS NORTHWEST, INC. P.S. - STRUCTURAL ENGINEERS 6869 WOODLAWN AVENUE N.E. SEA'FrLE, WA 98115 (206) 525~7560 FAX (206) 522-6698 May 12, 1999 Federal Way Fire Department Seismic Evaluation of Fire Station #2 Page 5 of 5 Recommendations: There are only two items which should evidently be corrected. First, the gas heaters suspended from the underside of the apparatus room should be diagonally braced so that they will not sway during an earthquake. The electrical and gas lines connected to these units are flexible and cart withstand the swaying motion. However the exhaust ducts would probably come apart. The second item deals with the wood roof over the base tower. No structural details or framing were shown for this area on the drawings, however the architect did show tongue and groove decking holding up the roofing. I suggest that in the future when this small roof area is to be reroofed, remove the old roofing and add a layer of 1/2" plywood over the existing wood decking. This will make the top of the hose tower a little more rigid. Other than these two minor items I can not think of any other items that need seismic upgrading. It appeared that all the critical electronic gear within the building was adequately anchored to the floors and walls. Besides being an attractive building, it is one that has excellent seismic resistance. All my seismic concerns were well addressed during the original design so that recent increases in seismic design loads and restrictions are not a problem. If you have any questions, do not hesitate to contact us. Sincerely, ENGINEERS NORTHWEST, INC. P.S. Richard F. Janke, P,.E. Senior Engineer RFJ:jl ENGINEERS NORTHWEST, INC. P.S. - STRUCTURAL ENGINEERS 6869 WOODLAWN AVENUE N.E. SEA'I-rLE, WA 98115 (206) 525-7560 FAX (206) 522-6698 FEDERAL WAY FIRE DEPARTMENT 31617 1st Avenue South Federal Way, Washington 98003-5201 Ken Nyberg, City Manager City of Federal Way June 17, 1999 Dear Ken, We have reviewed your request for more detailed information regarding our proposal for public safety dispatching. Our responses are provided below. With regards to the questions of past history, I think it is important to keep in perspective that our proposal is not for the City of Federal Way to become a subscriber to our existing dispatching operation (South Com), but to develop a new dispatching operation that will utilize some of our existing investment in capital and human resources. Decisions regarding actual operations, funding levels, rates, etc. would be determined by the Administration and Operations boards of this new dispatch center. The questions and associated responses are identified below: The ability of your proposed staffing model to service fluctuating types of calls (as opposed to simply volume of calls) during peak and non-peak periods, and its ability to service calls during vacations, sick leave, and training. Staff'mg was determined both operationally and mathematically, with average vacations, holidays and sick leave usage added to the equation. In order to cover the dispatch center with a staffing level of 6 on during peak hours, and 5 on during off peak hours, the total staff required was determined to be 26. This takes into account vacation, holiday and sick leave coverage by providing one relief dispatcher for each shift, or a total of 4 relief dispatchers. An overtime budget of $137,112 has also been built into the budget to make up for any potential staffing shortfall, although it is anticipated that the staffing of 26 should adequately cover staffing needs and that the final budget will probably reduce the overtime allocation resulting in a cost savings to the City and the Fire Department. Phone: (253) 839-6234 or (253) 927-3118 · E-tnaih info~federalwayfire.org · Fax: (253) 529-7206 An Equal Opportunity Employer Ongoing tral~ning will be conducted on duty as much as possible. Overtime shall be utilized if training requirements dictate that working dispatchers leave the center for their required training. This is currently being handled by conducting a minimum of one-half of training on duty every dispatch shift, with additional required training being handled with overtime (such as mandatory CBT training, etc.). Staff'mg during peak and off-peak alarm loads can be established as per the request of Federal Way Public Safety. The current contract between IAFF Local//2024 and the Federal Way Fire Department covering the South Com dispatchers allows for peak call period coverage, and even spells out the "EMPLOYEES may be assigned to a (12) hour overlap shift to cover peak call periods". The exact hours of choice would be determined by Federal Way Public Safety to meet their needs. · A definition of which calls are billable. The calls used in the proposal for actual billable incidents were the same as used by Valley Communications Center. In discussions with Derek Matheson, the actual call volume presented for Federal Way Public Safety in 1998 was 59,000. However, the actual billable calls were only 50,778. The excess numbers of calls were incidents that were quickly handled by Valley Com and passed along to Federal Way Public Safety to handle as a non- incident. The proposal assumes that the def'mition and allocation of billable calls will be identical to the allocation formula utilized by Valleycom. · Your intent to recover capital costs through the rate structure at any point in the future. There is no intent to recover the up front capital costs through the rate structure. The rate structure does, however, include a capital reserve component that will be utilized to build a capital reserve fund to replace the capital included in this proposal (CAD, recorders, consoles, etc.) It is important to note that the Administration Board of the center, not Federal Way Fire, would actually make this decision. · South Corn's historical rate changes and operating cost changes. As I noted earlier, our proposal is to develop a new dispatch operation that is jointly managed by Federal Way Fire and Federal Way Police. During the past decade, there have been a number of additions and deletions to the South Com customer base that have caused some fluctuation of costs and rates, and it is questionable whether the past history of South Com would be a good predictor of future costs/rates for the proposed dispatch operation. The past records for rates were not maintained (the contracts are for a fixed amount based upon the prior year's call volumes, providing exact annual contract amounts and predictable budgeting processes). Our costs to other fire agencies have remained fairly constant at approximately $30 per call. The operating budget for the dispatch center from 1994 to present is shown below: Budget Rates 1994:$733,330 1995:$689,404 1996:$823,147 1997:$781,656 1998:$814,130 $30.00 1999:$833,118 $28.18 · Whether the Fire Department is willing to cap the capital charges to the City at the level estimated in the proposal. The f'mal capital costs would be determined by actual equipment selected and bids provided, which the Administration Board would establish. Ad Comm Engineering provided the estimates provided in the proposal. The major item of potential variance is the selection of a CAD system. The proposal includes a budgeted amount of $1,000,000. If the actual amount varies, the costs or savings would be split between the City and the Fire Department based upon the allocation formula identified in the proposal. · Whether the current dispatch facility will meet a seismic four earthquake resistance level. Please see the attachment from Northwest Engineers. I hope that this answers your questions regarding the proposal. Do not hesitate to contact me if you would like any additional clarification. Sin rely, Recolva~= 6/15/99 3:58PM; 206 522 6698 -> FEDERAL WAY FIRE DEPARTMENT ; Page 06/15~9 15:$8 ~,~T. 206 522 6698 ~h~ [NC ~002 NORTHWEST June 15,1999 Federal Way Fire Department King County Fire District #39 31617 - 1=t Avenue South Federal Way, WA 98003 ATrN: Tom Batten Facilities Supervisor RE: Seismic Evaluation of Fire Station #2 31617 - 1= Avenue South Federal Way, Washington Mr. BaEen: I am writing this letter as you requested to summarize ~my May 12, 1999 report to you regarding the apparent seismic resistance of the above referenced fire station. Seattle, Washington is in UBC 1997 Seismic Zone 3. This zone covers westem Washington. western Oregon and north central California and is one zone less than the most severe seismic zone, Zone 4. Zone 4 occurs only in the most sever seismically active areas such as coastal Califomia, the Anchorage area of Alaska and the Big Island of Hawaii. It appears from my inspection of Fire Station #2 and my cursory analysis of some of the critical structural elements of that structure, that Fire Station #2 can safely withstand an anticipated Seismic Zone 3 earthquake with a 50% increase in anticipated loading due to the fact that this station is a critical facility that is required to be functional after an earthquake. Sincerely, T, INC., P.S. RJ:ld ENGINEERS NORTHWEST, INC. P.S.- STRUCTURAL ENGINEERS CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Request for Community Development Services Development Specialist Position CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: June 17, 1999 Memorandum from Stephen Clifton to Federal Way Finance Economic Development Regional Affairs Committee (FEDRAC), and June 17, 1999 Memorandum from Stephen Clifton to FEDRAC with the recommendation of FEDRAC members. SUMMARY/BACKGROUND: During the past two years, permit activity has increased significantly. With the current number of development specialist staffing the permit counter, it has also been necessary to use interns and other temporary staff to deliver the expected level of service. The sustained permit activity necessitates the establishment of a new Development Specialist position. As such, the Community Development Services Department is requesting a Development Specialist position to improve customer service and permit processing. Rationale as to why Community Development Services is requesting the position is contained within the memorandum. CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance Economic Development and Regional Affairs Committee recommended approval of the requested position. APPROVED BY CITY MANAGER FOR INCLUSION IN COUNC~ . ~/~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: June 17, 1999 Finance, Economic Development and Regional Affairs Committee Stephen Clifton, Community Development Services Director Staff Request: Development Specialist Committee R~con~endation: Approve a Development Specialist position in the Conm~0nity Development Services Department for the remainder of the 1999 year. The budgeted total of $19,053 which includes salary, benefits, training, supplies, computer, etc. And remain on-going budgeted position of $40,500 annually. APPROVAL BY COMMITTEE: Co~i~tte~Chai~· /L~//Committee Member cover 6/24/1999 MEMO TO: FROM: City of Federal Way FEDRAC Committee Stephen Clifton, Community Development Services Director DATE: June 17, 1999 RE: Staff Request: Development Specialist Background During the 1997 budget review process, the City Council directed staff to monitor the workload post 1996 layoffs of 2.5 FTE's in the Community Development Department. Permit activity rose sharply in 1997 and 1998. As a result, we made changes to our procedures, hired contract staff with contingency funds and implemented other measures to handle the "peak" activity. In 1999, we are still experiencing high volumes of permit activity. The impact of this workload will be more thoroughly explored through the m~d budget adjustment process, however, it is necessary to ask that a full time development specialist be added effective immediately. Development specialists are the counter staff who issue permits, answer questions at the counter and on the phone, and perform planning review for single family permits, tenant improvements and sign permits. We are fortunate to have three dedicated staff in these positions, who are often unable to take breaks or lunches when there are people waiting for help. In the 1998 budget, we reinstated a 1/2 FTE development specialist (from layoffs). Justification Indicators that the counter and development activity is and is projected to be high are: 1. Permits are taking longer to get reviewed. For example: A sign permit should take no longer than 3 weeks to review. These permits are consistently taking longer and even if we bring in other staff to get caught up, the staff cannot get away from the counter long enough to issue them. 2. For the past year and one half, we have utilized a temporary planning technician position created by using the budgeted intern position plus contingency to help at the counter part time and it has not been sufficient to manage the workload. 3. There used_to be certain times of the day when the counter activity was light so counter staff could catch up on their paper work and return calls. Light activity is rare, with people often coming in right up to 5:00 pm and expecting to have full service. This results in counter staff starting their next day's work behind. 4. The responsibilities of the job have changed. A. About a year ago, Community Development instituted a new program to help get out small, simple single family and tenant improvement permits. The applicant makes an appointment with the building plan reviewer and in most cases, the permit is issued over the counter. The development specialist must be part of these meetings to review and resolve any planning issues and to process the paper work to issue the permit. B. With the adoption of HB 1724 there is added emphasis on complete applications. Counter staff used to perform cursory review to verify that most of the major submittal requirements were there. Now they are required to take more time an~ verify the information provided is reasonably complete and accurate. This saves time later for both the applicant and the assigned staff. C. Sign program-The sign incentive program and the sign compliance deadline of 2000 have resulted in an increase in inquiries and applications. Many times these questions are from individual business owners rather than sign contractors who are familiar with.the code./, It is not unusual to spend 45-60 minutes with a new client who does not understand the code. D. Public Information Requests- The counter staff have, in the past, assisted with public information requests but about a year ago, more of the responsibility of this task was transferred from the city Clerk's office to individual departments. Because most of our files are now stored off-site, it can take several hours to research where the file is, copy and make arrangements to have the information delivered. We receive an average of around three of these a week. Cost For the remainder of this year we would need: Salary & Benefits: Supplies/Computer/Training,etc. TOTAL $14,453 $ 4,600 $19,053 On-going Salary & Benefits Supplies/Training TOTAL $39,000 1,500 $40,500 As of May of this yea~-, the department had collected $260,000 over budget. We are confident that our permit fees will be able to cover these additional expenses. MEETING DATE: July 20, 1999 ITEM# ~'--.,~_~.~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Bobcat Purchase 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 Park Maintenance Division purchased a skidsteer loader, referred to as a "Bobcat," in 1991. This piece of equipment is in need of repairs that have been estimated to cost $7,000. Given the age of the equipment and the cost for repairs, which is approximately 35% of the value of a new Bobcat, staff recommends applying the equipment replacement reserves collected to date ($11,964), the repair funds ($7,000) and the revenue estimated from the sale of the existing Bobcat, towards the purchase of a new Bobcat skidsteer loader. Staff forWarded a recommendation to the Finance, Economic Development and Regional Affairs Council Committee to accept a bid from Bobcat Northwest CITY COUNCIL COMMITTEE RECOMMENDATION: On June 29, 1999, the Finance, Economic Development and Regional Affairs Council Committee passed a motion to approve the replacement of the Bobcat with $11,964 from equipment replacement reserves, an estimated $3,500 to $5,000 from the sale of ............................................... 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 MEMORANDUM Date: To: From: Subject: June 22, 1999 Finance, Economic Development and Regional Affairs Committee Steve Ikerd, Property Services Manager Bobcat Purchase Con~nittee Reconlnendation: Approve the replacement of the Bobcat with $11,964 from equipment replacement reserves; an estimated $3~500 to $5,000 from the sale of existing Bobcat; and the balance ($2,700 to $4,200) from repair and maintenance account. APPROVAL BY COMMITTEE: Committee ~hair 6/24/1999 interoffice MEMORANDUM to: from: subject: date: Iwen Wang, MS Director Steve Ikerd, Property Services Manager Bobcat purchase June 22, 1999 Staff has completed the analysis of bids and researched the model that best fits the needs of the Department. Recommendation is made to proceed with the purchase of a model 773 Bobcat skidsteer loader. I have just learned that this model will undergo a redesign of the cab and loader arms in September of this year; making it more user friendly, less decibel readings in the cab and provide more visibility for the operator. Bobcat has indicated they will honor the current bid price for the new September model if we commit to purchase. This is an excellent opportunity and worth the wait. Following is a summary of the bids obtained 5/17/99 Bobcat NW Hyster Sales $18,166.56 $19,500.00 Portland Bobcat $18,605.00 $2,500.00 (trade in) / $1,500.00 (trade in) $2,650.00 (trade in) Funding summary: Bobcat NW ........ 18,166.26 Tax ........ 1562.30 Total ......... 19,728.56 1999 reserves ......11,964.00 Balance ................. 7,764.56 I believe there is more value in our model 753 unit in need of $7,000 repairs then the $2,500 trade in that is offered by Bobcat NW. Since the bid is not based upon the trade in; I reconunend selling our unit in some manner to offset the $7,764.56 balance. Any additional funding required after the sale could be covered through the source(s) that would have repaired our existing unit. CC: Jennifer Sclu-oder David Wilbrecht Chris Pyle MEETING DATE: July 20, 1999 ITEM# -"'~ 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: None SUMMARY/BACKGROUND: Mayor Gintz is recommending the City Council cancel their regular meeting on August 17, 1999. To approve cancellation the following action must be taken: (1) move suspension of Council Rules; and (2) move cancellation of the August 17, 1999 regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: To confirm the City Council decision, and direct the City Clerk to advertise cancellation of the August 17, 1999 regular meeting. 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 # MEETING DATE: July 20, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: Mayor Gintz is recommending the City Council cancel their regular meeting on August 17, 1999. To approve cancellation the following action must be taken: (1) move suspension of Council Rules; and (2) move cancellation of the August 17, 1999 regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: To confirm the City Council decision, and direct the City Clerk to advertise cancellation of the August 17, 1999 regular meeting. APPROVED FOR INCLUSION IN COUNCIL ~ ~-:'-~V~. PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED '~ ~ ~l ~' TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION #