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Council PKT 08-03-1999 Special/RegularI I CI T Y CO UNCIL MEE TING AGENDA /~UGUS~, ~(~9 COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watkins City Manager Kenneth E. Nyberg IV. He CALL MEETING TO ORDER ADULT ENTERTAIN~IENT, ACTIVITY, RETAIL OR USE EXECUTIVE SESSION LifigationfPursuant to RCW 42.30.110 REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF AL~GIANCE PRESENTATIONS Economic Developmeat Ululate Emerging Issues CITIZEN COlVIM~ PLEA~I~ COMPLE1E THB PINK SLJP ~ ~ress ~ Co~ ~ ~ ~. m~rop~ne to proper ~ig~, ~ ~e yo~ ~e ~ ~,~ for ~e re~r~ P~B ~MIT YO~ ~~ TO THeE ~} MIN~$. ~ M~or ~ ~ ~tn ~ ~ co~ ~ ~ng, rede neg~ve~ ~ other · ~i~h, or are o~e ~prop~. over please . . . Ve CONSENT AGENDA g. h. i. j. k. 1. m. n. o. Voucher/August 3, 1999 Monthly Financial R.e~x~ffMonth~ofJuno 1999 Counai! Bill g219/A4.!t ]:;.n___ter~nment. Aclivitv. P.e~ii or Uae/ Enactment Ordinance 2000 CDBG Fund Allocation Hylebo~ Watershed Forum Formation King County Proposed I. tad on Salmon Recovery Funding King County_ Office of Emergency_ Equ'_mment Grant 1996 COPS More (}rant 1998 COPS More Grant 1999 COPS Universal Hiring_ ~_~ (}rant Lalmhaven Utility_ District Com_orehensive Water System Plan/Resolution Family Fest Memorandum of Hnderstanding SWM Annual Programs Bid SWM CIP project/Garden Terrace VI. CITY COUNCIL BUSINESS Community of Character VII. INTRODUCTION ORDINANCE Council Bill ~227/$ign Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE crrY OF FF. DERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY CITY CODE, RELATING TO SIGNS. VIII. CITY COUNCIL RBPORTS IX. CITY MANAGER REPORT Xe EXECUTIVE SESSION Collective Bargaining/Pursuant to RCW 42.30.140/4)(a) Pending Litigation/Pursuant to RCW 42.30.110(1)(i) Real Estate/Pursuant to RCW 42.30.110(1)(c) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** 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 ExpenditureAmt: SN/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of the July 20, 1999 Regular City Council Meeting. SUMMARYfBACKGROUND: 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 REGULAR MEETING JULY 20, 1999 - 7:00 PM MINUTES I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:03 PM in the Council Chambers at City Hall. Council Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Gates, Kochmar, and Watkins. Councilmembers Burbidge and Dovey had excused absences. Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, Assistant to the City Manager Derek Matheson, City Attorney Londi Lindell, and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the Pledge of Allegiance. III. PRESENTATIONS City Manager Kenneth Nyberg presented the July SPIRIT Award to Officer John Stray who was unable to attend the July 6, 1999 City Council meeting. a. Proclamation/National Night Out 1999 Mayor Gintz proclaimed August 3, 1999 as National Night Out and presented the Proclamation to Deputy Chief Brian Wilson. b. Ethics Board Introduction/Certificate of Appointment Deputy Mayor Park introduced Bill Linehan as the newest member of the Ethics Board and presented him with his Certificate of Appointment. c. Diversity Commission Introductions/Certificates of Appointment Deputy Mayor Park introduced Prakash Meloot, Ron Walker, and Tito Hinojos as regular members of the Diversity Commission, and Debra Robinson and Pilar LeMay as alternates, and presented each of them with their Certificates of Appointment. City Council Regular Meeting July 20, 1999 - Page 2 d. Emerging Issues City Manager Kenneth Nyberg stated there would be no Emerging Issues report. IV. CITIZEN COMMENT Barbara Reid, spoke in opposition to the proposed adult entertainment ordinance stating it would concentrate all adult entertainment businesses in one area. Bill Linehan, asked Council not to cluster the adult entertainment businesses in one area. Walter Olsen, Attorney for Angelo Usibelli, owner of T&A Video. Stated his client objects to the proposed adult entertainment ordinance and asked Council to consider free speech; stated Mr. Usibelli conducts his business in a legal manner and stated there is no objective information to substantiate the claims that adult entertainment businesses cause adverse secondary effects. Mr. Olsen stated his client Mr. Usibelli stands ready to protect his legitimate business interest. Don Davisson, stated he is opposed to the clustering of adult entertainment businesses, believes litigation will occur regardless of the way Council votes and asked Council to make the decision based on what the majority of citizens want and stand up for what they believe. Vo CONSENT AGENDA ao Minutes/July 6, 1999 Regular Meeting- Approved Council Bill #219/Adult Entertainment, Activity, Retail or Use/ Enactment Ordinance - Postponed to August 3, 1999 Council Bill #226/Courtyard Village Development Agreement/Enactment Ordinance Approved: Ordinance #99-346 Public Safety Dispatch Services - Approved Request for Community Development Services Development Specialist Position - Approved Parks Equipment Replacement - Approved COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA. DEPUTY MAYOR PARK SECOND. Councilmember Kochmar pulled Consent Item (b) - Adult Entertainment, Activity, Retail or Use Enactment Ordinance. Councilmember Watkins pulled Consent Item (d) - Public Safety Dispatch Services. City Council Regular Meeting July 20, 1999 - Page 3 The motion to pass consent items (a), (c), (e) and (f) carried 5-0 as follows: Gates yes Gintz yes Kochmar yes Park yes Watkins yes Councilmember Kochmar asked staff for a presentation regarding the proposed Adult Entertainment Ordinance. Community Development Director Stephen Clifton reviewed the history and time-line of the proposed ordinance; City Attorney Londi Lindell discussed the amortization provision and commented on citizen's concerns of clustering adult entertainment establishments. MOTION BY COUNCILMEMBER KOCHMAR TO POSTPONE THE ADULT ENTERTAINMENT, ACTIVITY, RETAIL OR USE ENACTMENT ORDINANCE TO THE AUGUST 3, 1999 REGULAR CITY COUNCIL MEETING IN ORDER TO HAVE ALL COUNCILMEMBERS PRESENT. COUNCILMEMBER WATKINS SECOND. The motion carded 5-0 as follows: Gates yes Gintz yes Kochmar yes Park yes Watkins yes Consent Item (d) - Public Safety Dispatch Services - Derek Matheson, Assistant to the City Manager explained approval of this item authorizes the City Manager to bring back to Council an interlocal agreement with the Cities of Auburn, Kent, Renton, and Tukwila to provide for Federal Way ownership in Valley Corn, and an interlocal agreement with the Federal Way Fire Department to address the Department's relationship with the City and transition to Valley Com. COUNCILMEMBER WATKINS MOVED APPROVAL OF THE PUBLIC SAFETY DISPATCH SERVICES. COUNCILMEMBER GATES SECOND. The motion carried 5-0 as follows: Gates yes Gintz yes Kochmar yes Park yes Watkins yes VI. CITY COUNCIL BUSINESS Cancellation of August 17, 1999 Regular Meeting MOTION BY COUNCILMEMBER WATKINS TO SUSPEND THE RULES AND CANCEL THE AUGUST 17, 1999 REGULAR CITY COUNCIL MEETING. COUNCILMEMBER KOCItMAR SECOND. The motion carried 5-0 as follows: City Council Regular Meeting July 20, 1999 - Page 4 Gates yes Gintz yes Kochmar yes Park yes Watkins yes VII. CITY COUNCIL REPORTS Councilmember Watkins stated the next Land Use/Transportation Committee meeting is scheduled for July 28, 1999 at 8:30 AM. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for July 27, 1999 at 5:30 PM and updated Council on Regional Transit issues. Councilmember Kochmar reported she rode-along with the Public Safety Department, and invited citizens to contact the Public Safety Department if they are interested in going on a ride-along themselves. Councilmember Kochmar also reported for Councilmember Dovey that the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for July 26, 1999 at 12:00 noon. Deputy Mayor Park reported the City Manager Search Committee received 75 applications for the City Manager position and the Committee will review and evaluate the applications at its next meeting scheduled for July 26, 1999 at 9:30 PM. VIII. CITY MANAGER REPORT City Manager Kenneth Nyberg stated the City has been notified of a CDBG funding increase and there will be a special meeting to decide how to allocate the additional funds; Court Administrator Sandra Warter started with the City on July 19,1999. Mr. Nyberg thanked the City Attorney's Office and the Public Safety Department for their efforts in the Martinez Inquest; stated Family Fest is scheduled for August 27-29, 1999 and there will be a City Council Special Meeting/Retreat on June 24, 1999 from 10AM - 12PM. Mr. Nyberg stated Council will hold an Executive Session to discuss litigation pursuant to RCW 42.30.110(D0) anticipated to last 20 minutes with no action expected. IX. EXECUTIVE SESSION Litigation/Pursuant to RCW 42.30.110(D0) Council adjourned to executive session at 7:55 PM. Deputy City Manager Philip Keightley announced at 8:22 PM that another 10 minutes were necessary. Mayor Gintz reconvened to regular session at 8:25 PM. City Council Regular Meeting July 20, 1999 - Page 5 ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the regular session at 8:25 PM. Laura Ulanowski, Deputy City Clerk MEETING DATE' Au ust 3, 1999 ITEM// ~~'~) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: $ 2,132,233.85 $ 2,132,233.85 ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City ~f Federal Wan, Washifeton, and that I am authorized to authenticate and certify to said claims. ~.m..~.e. rvices Di~tor CITY COUNCIL CtSMMITTEE RECOMMENDATION: ~/~. ~.h..ed voucher p. ursuant to RCW 42.24 CITY MANAGER RECOMMENDATION: ~ ~! ,~" ...... 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N .. ~ ~0 HO ~0 ~0 ~0 ~0 0 0 0 ~0 ~0 ~0 ~o ~o o ~o oo mu Do mo ~o oo -o u oo oo o 0 ~U o 0o .u 0 o t~ ~0 O~ h o 0 c6 t~ 0 0 > o o 0 o t~ t~ LD o:> o co 0 o [.~ 0 "r' .~: U ~ ~ 0 o:> o o o oo oo ou~ ZZ o%0% o50% oo oo O0 ~ O ~.D ~ 0 o> o o o u~ 0 o 0 0 ~0 m~ ~ O r- 0 o> o o UO Ul 0 0 ~0 0:> 0 0 (D (N MEETING DATE: August 3, 1999 ITEM# '~~(~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: June Financial Report CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: June Financial Report SUMMARY/BACKGROUND: Month of June 1999 CITY COUNCIL COMMITTEE RECOMMENDATION: Was approved by the Finance Committee during their meeting on July 27, 1999. CITY MANAGER RECOMMENDATION: ~ ~:', " ' ' APPROVED FOR INCLUSION IN COUNCIL PACKET: · (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICF~), COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # CiTY MEMORANDUM Date: To: From: Subject: July 27, 1999 Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director June 1999, Monthly Financial Report Action Requested: Accept the Monthly Financial Report and forward to the August Council meeting for approval. Committee Chair: APPROVAL OF COMMITTEE REPORT Jeanne B u r~'~ J~. z~c¢/'~.~. ~. Committee Member: Linde Kochma~'--;~~L' '~!' :~./':..~?-a///- ~' "A City for Ali of Us" 1'999 Projected Revenues & Expenditures 40.00 ~-i'" ~' ~'~ ';~ ..';,, ~' ! ' '~ · : ~ :~'.,~:~ ~ '~.~-';~ ~;~" ~ ~"."~ . 35.~ : d" '~': . ' 'JT~.~'. '. .'~ ~ ~,'~'~.,'~ ' ~'~: ' .~. L~.?' .~,.,., , .. ;~;?,,,~ . 2;-'~. ~.' .. 25.~ :"~;~;:~.....~;~'~.~c...: ~~..~ .:~:~ ,,:.' . 20.~ ..,..',~,. '.",~.~,~:. ~~ ~,,.~.:~ .... ~. ..... . , ~, ~,,;, . .~~,~ . ~,,.~ , ,... · .,~ :,.~ )~ ~ . ...... . .... .... . .. :..... .... . Jan Feb Mar ~r May Jun Jul Aug Sep O~ Nov D~ + Re~nues + Expend~ures Overview i Significant Events 1-2 General Government Revenues 2-3 Expenditures 4-5 Investments 6 Supplemental Schedules 7-14 Grants 15 Capital Projects 16 Attachment A 17 June 1999 Monthly Financial Report OVERVIEW The Monthly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Removal, Paths & Trail, Surface Water Management, Strategic . Reserve, Airport Strategic Reserve, D~l~t Service, and Dumas Bay Centre. The Summary of Sources and .~Uses (Attachment A) captures financial activity through June for the years 1994 through 1999. SIGNIFICANT EVENTS Public Works Trust Fund Loan The Surface Water Management Division has received approval of the Public Works Trust Fund LOan. Approval of -this construction loan allows Surface Water Management to accelerate the construction of projects within its Capital Facilities Plan, thereby avoiding or minimizing the costs associated with inflation. The loan will be applied to the SeaTac Mall Drainage Area Improvements. Conditions of the loan are: loan not to exceed $2,750,000; 20 year term' 1% interest rate; and ~0% local match. This loan will be ~repaid solely from utility revenues within the Surface Water Management Fund. The Ci~ has obtained one Other Public Works Trust Fund Loan totaling $1,555,440, between 1994 and 1997. Red, Whites & Blues Festival This year's event was a great success. The attendance throughout the day was estimated to be between 15,000 and 20,000. Revenues taken in on the day of the event were close to $8,000, but numbers are still being tabulated. Special thanks were extended to the Parks staff for a terrific event. Hotel/Motel Lodging Tax We have received our first hotel/motel tax distributions of $4,541 for June and are expecting $5,401 in July. We have budgeted revenues of $65,000 in 1999 and $75,000 in 2000. Neither month's distribution includes all new hotels/motels being constructed in the area such as Days Inn, Courtyard Marriott, Extended Stay, Traveiodge and Holiday Inn. City of Federal Wav June 1999 Monthly Financial Report Bingo Tax Rate Reduction The maximum gambling tax rate for bingo and raffles has decreased from 10% to 5%, effective January 1, 2000. The city's current rate is 10%, but the tax rate reduction will have minimal impact since the city receives less than 1% from bingo and raffles. GENERAL GOVERNMENTAL REVENUES General governmental revenue collections through June total $20,532,287, which is $2,304,001 or 12.6% above the year-to-date budget ($18,228,286). When compared to 1998, revenues have increased by $1,639,504 or 8.7%. Attachment A provides a comparison of year-to-da , revenues by major sources for 199; with comparative figures for the past 5 years. REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending June 30, 1999 YTD A~u~l~ YTD ActuM~ Adopted year-to-Date % YTD Overt(Under) A~ % of Current Property Tax 6,634,350 3,512,023 52.9°A 3,512,023 0.0°/ 440,674 Sales Tax 8,605,426 4,631,185 53.8°A 4,271,056 360,129 8.4% 772,812 Hotel/Motel Lodging Tax 65,000 4, 541 7.0% 4,541 na 4,541 Criminal Justice Sales Tax 1.362,747 706,007 51.8% 650,508 55,499 8.5% 122,480 Gambling Tax 509,600 710,564 139.4% 319,611 390,953 122.3% 175,674 Utility Tax 4,633,769 2,802,323 60.5% 2,562,069 240,254 9.4% 444,183 Real Estate Excise Tax 1,200,000 971,771 81.0% 555,404 416,367 75.0% 162,569 Franchise Fees 494,255 236,989 47.9% 252,653 (15,664) -6.2% 16,411 Licenses & Permits 123, 201 84,064 68.2% 96,731 (12,667) - 13.1 o/ 7,080 Intergovernmental 4,576,430 2,443,447 53.4% 2,330,533 112,914 4.8% 310,584 CD Building Permits & Fees 853,193 733,333 86.0% 428,757 304,576 71.0% 165,674 CD Pass Thru Fees 35,267 na 35,267 na 1,865 P~/Permits & Fees 239,573 121,254 50.6% 110,304 10,950 9.9% 17,944 PVV Pass Thru Fees 31,429 na 31,429 na 10,931 SWM Fees 3.120,302 1,563,126 50.1% 1,563,126 0.0% 110,244 Refuse Fees 148,524 62,441 42.0% 74,262 ( 11,821) - 15.9% Admin Fees 168,478 84,240 50.0% 84,240 0.0% 14,040 Fines & Forfeits 714,000 443,984 62.2% 354,690 89,294 25.2% 75,375 Recreation Fees 551,343 339.100 61.5% 284,432 54.668 19.2% 123,779 Knutzen Theatre Operations 59,030 26,785 45.4% 29,515 (2,730) -92% 9,730 Dumas Bay Centre Operations 429,609 234,646 54.6% 184,055 50,591 27.5% 41,570 Public Safeb/ 138,432 177,367 1281% 62,523 114,844 183.7% 19,523 Interest Earnings 1,040,139 520,917 50.1% 441,771 79,146 17.9% 51,435 Miscellaneous Revenue 139,765 55,484 39.7% 55,484 0.0o/ 10,078 Subtotal Operations 35,807,166 20,532,287 57.3% 18,228,286 2,304,001 12.6% 3,109,196 Interfund Transfers I 6.003,280 0.0%, 11 .~o~ Other Financir~ Sour~ 1.824.612 2,148,563 117.8% 2.148.563 na 763.C~o4 Total Revenues 43.635,0~7 22,680~870 $2.0% 20,376.8~9 2.304.001 3.872.~0 ' Sho~ actuals as % of year-to-date ~dgot. For e×arnple, 50% means actual revenues w~re half of what was bud~t~ for that ~dod COMPARISON OF 1999 OPERATING REVENUES - BUDGET TO ACTUAL $40.000,000 $35.000,000 $30,000,000 $25.0O0,000 20,,~,12,287 $20 000,000 $15.000,000 $10 000,000 $5,000000 $- Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2 City q[ Federal ~FaV June 1999 Monthly FimmclalReltort gales tax received in June of $4,631,185 is $360,129 or 8.4% above the year-to-date budget. Compared to 1998 year-to-date, sales tax increased $327,953 or 7.6%. Sales tax received in June totals $772,812 that is $86,299 or 12.6% above the adopted budget estimate. Compared to June 1998, sales tax increased $3,350 or 0.5%. Retail sales continue to remain the largest source, accounting for 64.5% of all sales tax collections. Year-to-date retail sales tax collections are up $214,773 or 7.7% over 1998, attributable to an overall increase in Real Estate Excise Tax For the year-to-date comparison, real estate excise tax continues to exceed prior year's collections. Through June, revenues total $971,771, which is $416,367 above budgetary estimates ($555,404). For the current month, we received $44,058 or 37.2% more than the year-to-date estimate ($ i 18,5 ! 1). This increase is due to sales of residential apartments, commercial and retail space and the increase volume of single residences. Utility Tax Utility tax received through June total $2,802,323, which is $240,254 or 9.4% retail activity. Year-to-date construction and contracting activity, which accounts for 9.0% of sales tax collections, is up $127,975 or 44.1% compared to 1998 activity. This increase is further reflected in the City's bUilding permit trends. For the month of June, sales tax collections for manufacturing activity has decreased by $86,276 or 79.2%. $81,574 of that variance is due to a major manufacturing company reporting sales tax on a quarterly basis for part of 1998 versus monthly in 1999. Through June of 1998, the company reported 44 quarter I997's activity (the company CatChes tip by remitting Ist & 2"d quarter 1998's activity in June 1998), whereU, in 1999, the company reported sales tax activity for five reporting periods. 'The company has been remitting sales tax on a monthly basis since July 1998. The City's largest retail center, South 348th retail center, which generates over 16% of the City's sales tax has experienced a growth of $76,100 or 11.2% compared to 1998, due to increased activity for all retail establishments in the center.. The SeaTac Mall continues to show a slight decline in taxable retail sales activity :/-'-..~through the month of June. O' .above the :monthly budget.estimate._ ._Compared to t.998,-utility tax receipts have increased $455,184 or 19.4%. Cellular taxes exceed the budgetary estimates by $102,573 or 57.5%, which is consistent with prior months in 1999. Gambling Tax Gambling tax collections are up $390,953 or 122.3% over the budgetary estimate ($319,611). The increase is $589,372 when compared to 1998 largely due to increased activity at one major card room establishment and the increase in card room rates from 11% in 1998 to 20% in 1999. State Shared Revenue State shared revenues arc exceeding budgetary estimates by $276,293 or 9:6%. Criminal justice-high crime has - - collected$173,Q87 through June. This revenue is based on the Cities 1997 ~ime rate and determines distribution 'amoun~ for July and October i998 and January and Apri! 1999. We are not budgeted to recei~,e any high crime revenue in 1999, based on the 1998 crime rate statistics. Fines & Forfeitures Year-to-date Fines and forfeitures are exceeding budgetary projections by $89,294 or 25.2%. Revenues are exceeding budget by $1 !,494 for the month of June. Building Permits & Plan Check Fees Building permit revenues were up $304,576 or 71.0% when compared to year-to-date budget ($428,757), continuing the trend since the City's inception. This does not include pass through revenues of $35,267 transferred from the deposit account for expedited and environmental review. Significant among the commercial permit activity are Waremart (who is constructing a new grocery store in the area), and a few new nursing homes. Plan check fees collected for the month of June total $78,043, which is the highest month this year. We continue to see fees from Capitol One, Days Inn and Quadrant. Community Development .- - ~ deposits :made by applicants requesting both building and planning expedited review total $62,904. Environmental review deposits collected from applicants total $22,928. ROW Permits and Fees Overall Public Works permits and fees collected through June total $121,254, which is $10,950 or 9.9% over the adopted budget. This does not include pass through revenues of $31,429 transferred from the deposit account for expedited review. Public works deposits made by applicants for expedited review total $59,356. Police Services Revenue collected through June total $177,367. This amount includes Traffic School revenues of $32,400, Explorer program donations of $1,874, and Police Security services of $83,408. Also included is $47,353 of state seizure revenues, which are designated for that specific program. The remaining balance of $12,332 is made up of miscellaneous revenues such as weapons permits, copies and fingerprinting. $33,781 in grant revenues were received for the first quarter, but are included in other financing sources. Traffic School, Explorer program and state seizure revenue is not currently included in the budget, but are usually added in the year-end budget adjustment. City of Federal WaF June 1999 MonthlF Financial Report GENERAL GOVERNMENTAL EXPENDITURES General governmental expenditures through June total $15,995,970 or 42.8% of the annual operating budget ($37,404,400). Operating expenditures are below the year-to-date budget ($16,763,746) by $767,776 or 4.6% When compared to 1998, expenditur~ are up $2,094,701 or 15.1%. EXPENDITURE SUMMARY BY DEPARTMENT PeHod Ending June 30, 1999 Adopted Year40-Oa~ % YTD (Ove~ A~ % of Curm~ City Council 219,B41 126,847 57.7% 135,355 8,508 $.3% 10,810 City Manager 5B7,110 292,453 49.B% 2B4,853 (7,601) -27% 44,156 Municipal Cou~t 300,000 12,794 na 12,794 na 1,864 Management Services 1,953,969 838,213 42.9% 838,128 (85) 0.0% 147,015 Civil Legal Services 542,356 300,182 55.3% 256,491 (43,691) -17.0% 39,468 Criminal Leqal Services 1,210,809 480,109 39.7% 559,687 79,578 14.2% 63,388 Community Development 3,048,376 1,339,566 43.9% 1,539,405 190,839 13.0% 188,912 Public Safety 12,049,356 5,852,978 48.6% 6,000,727 147,749 2.5% 988,459 Jail Services 875,000 515,865 59.0% 457,620 (58,245) -12.7% 120,595 Parks & Recreation 3,065,364 1,377,573 44.9% 1,464,009 86,436 5.9% 264,550 Dumas Bay Centre Operations 467,436 229,877 49.2% 223,858 (6,019) -2.7% 39,300 Knutzen Theatre Operations 159,030 47,890 30.1% 79,515 31,625 39.8% 7,579 Public Works Operations 3,444,273 1,386,197 40.2% 1,589,677 203,480 12.8% 262,205 PW Asphalt Overlay Program 2,018,311 34,745 1.7% 34,745 0.0% 11,519 Solid Waste & Recycling 299,727 118,089 39.4% 147,099 29,010 19.7% 42,957 Snow & Ice Removal 55,076 6,429 11.7% 27,030 20,601 76.2% 652 Hotel/Motel Lodging Tax 65,000 0.0% na Surface Water Management 1,749,884 771,803 44.1% 848,393 76,590 9.0% 126,874 Debt Service 5,293,482 2,264,361 428% 2,264,361 0.0% 2,264,259 Subtotal Operations 37,404,400 15,995,970 42.8% 16,763,746 767,776 4.6% 4,624,360 Interfund Transfers 8,421,571 0.0%I naI Other Financing Uses 2,480,127 6,152,397 248.1% 6,152,397 na 2,626,805 Total Expenditures 48,306,098 22,148,367 45.9% 22,916,143 767,776 3.4%1 7,251,165 * Shows actuals as % of year-to-date budget. For example, 50% means actual expenditures were half of what was budgted for that period. COMPARISON OF 1999 OPERATING EXPENDITURES - BUDGET TO ACTUAL $40.000.000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15.000.000 $10.000.000 $5,000,000 9,197.402. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Municipal Court costs for June total $12,794, which includes the purchase and moving of used office furniture, as well as consulting services to assist in hiring a court administrator. Civil Legal Services expenditures have exceeded budget estimates by $43,691 or 17.0%, while Criminal Legal Services spending is below the budgetary estimate by $79,577 or 14.2%. Intergovernmental expenditures, which are made up of court costs, are currently only 36.1% expended. Community Development Operations has expended $1,339,566 or 43.9% of its annual appropriation ($3,048,376). Through June, they are below their budget by $199,839 or 13.0% of the year-to-date budget ($1,539,405). Only 35.7% of the services and charg~ budget ($671,938) have been expendec. 4 City o£ Fede~ai Way This is partially due to the delay of the Human Services invoices for the second "'~'~'quarter, which will not be received until · July. Parl~s Operations expenditures total $1,377,573 which is $86,436 or 5.9% below the year-to-date budget estimate ($1,464,009). This is 44.9% of its annual appropriation and is due to low expenditures in services and charges, which makes up 25% of their operating budget. Through June, temporary help totals $110,974 or 52.8% of its annual budget ($210,055). This is an increase in temporary help when compared to last month, due to additional help~ needed for Celebration Park. $115,412 or 21.7% of the annual budget ($531,544). SWM Opeiaffdt~s We ber0~ projections by $76,590 or 9.0% of the June estimate of $848,393. Police Services have expended $5,852,978 through June, which is $147,749 below the budgetary estimate of $6,000,727. This is due in part to the delay of the Valley Communications invoices for June. Salaries & benefits, which are 67% of their total budget (excluding temporary help, overtime & termination pay), totaled $4,285,945. This is 49.4% of the annual budget ($8,681,503). Overtime pay totals $ ! 94,146, which is June 1999 Montbl]~ Financial Report ($4,473,200), with savings in Parks and Recreation, Solid Waste and Recycling, and Community Development. Capital outlays, which includes $1.4 million for the arterial streets overlay project, is at 1.2%. The contractors began work on the overlay project at the beginning of June, so we won't be seeing expenditures until July or August. It is anticipated that the overlay project will meet budget projections as the year progresses. Internal service fund charges are currently at 33.1%. This year-to-date total of $1.17 million includes the collection of replacement reserves for six months, and maintenance and Recreation and C~titttrai . Sec._ice: - ':178% of:itsannual budget:($250,000), - · Program revenues total $28~019 or 57.4% of the revised budget Jaff Service is above June budget ($501,343). Direct program estimates ($457,620) by $58,245 or expenditures total $309,587 ol~ 46.3% 12.7%. The total expended of $515,865 of the revised budget ($668,044). does not include payments for May and Recreation fees ~have recOvered 93.0% June services. of direct program costs. Including administrative expenditures totaling Operating Expenditures By Category .... $182,814, the overall recovery ratio is The chart below shows operating 58.5%. expenditures and financing uses through ~une 30, 1999 by category or object code. Dumas Bay Centre operating revenues total $234,646 or 54.6% of the adopted budget ($429,609). Operating expenditures total $229,877 or 49.2% of the revised budget ($467,436). The Dumas Bay Centre has recovered 102. ! % of all operating costs. Salaries, which comprises 29.4% of the operating budget, is at 50.2%. Included in this number is temporary help, seasoital help, overtime pay, termination pay and incentive pay. :-operational charges for the first three months of the' y~a~:! Once the second · quarter allocation h~ been charged, the percentage' expended should be closer to a straight-line allocation of 50%. The Knutzen Family Theatre has collected revenues through June of $26,785, or 45.4% of the budget estimate ($59,030). Operating expenditures total $47,890 or 37.1% of the adopted budget ($159,030). Public Works Operations is below the June budget estimate ($1,589,677) by $203,480 or 12.8%, and has expended $1,386,197 or 40.2% of its annual appropriation ($3,444,273). This is due to the delay of invoices for intergovernmental expenditures, such as King County traffic maintenance and WSDOT state highway maintenance. :~'~'Through June we have paid out Other services and charges has only expended 39.6% of its annual budget ----,r ~ AdJmt~l Year-to.c~eI %'-- 100 Personnel Services 14.210.094 7,135.0~ ~0.2% 200 ~ 3,119.874 1,~,161 ~ ~s 702.~1 ~,726 ~.6% ~ ~ ~ ~ ~ 4,4~,~ 1,7~,~ ~.6% ~ I~g~ ~ 3,7~.~ 1,~.~ ~.3% ~2 Inte~ ~s 10.~,479 6,216,2~ ~.~ ~1 ~s~ E~ Tmns~ 7~.~ I 219.~2 31.3% ~ ~ ~ 2.167.~ ~,7~ 1.~ 7~ ~ ~i~Pd~ 3.371.2~ 1,~,2~ ~.~ ~ ~ ~l~t 1,9~,2~ 978,121 ~.~ ~ Inte~ Svc ~s 3,~.~ 1.174.~ 5 City o[ Federal WaF June 1999 MonthlF Financial Report CASH AND INVESTMENTS The following graph and chart show the average maturity yield for the years 1996 through 1999. The average portfolio maturity and yield as o£ the end of June is 5.07%. The total invested balance at the end of June is $41,699,516, which includes $21,670,922 in the State Investment Pool (SIP). The State Investment Pool is composed of 72% Agency, 3% U.S. Treasury, 10% Commercial Paper, 14% Repurchase Agreements and 1% Certificates of Deposit. The City currently has invested 52% in the State Investment Pool, 19% in Agency securities, 5% in Bankers Acceptances, 7% in Certificates of Deposit and 17% in Treasury Notes. Per policy, the bas' used by the City to determine whether market yields are being achieved shall be the range between the average six- month U.S. Treasury Bill and the State Investment Pool, both which are currently at 4.77%. Ce~tfics~e ~ 7% investments by Category June 30, 1999 Agency 19=/0 Treasu~ Notes 17% Sta~e Invesffnel~ Po~ 52% 600 500 4O0 300 200 100 Investment Interest Rates as of June 30th State Investment Pool Investments by Type US. Treasury Securties 3% CommerOal Paper 10% Repurchase Agmements 14% Cellificates of Deposit 1% U S Agency Secunties 72% 1996 1997 1998 1999 m6 MO® T-Bill ,State Investment Pool r~lnhouse investment I'ITotal Portfolio Investment interest Actual Yield Amounts a~ of June 30ih Year 1996 1997 1998 1999 6 Month T-Bill 5.47 5.35 5.30 4.77 State investment Pool 5.32 5.52 5.48 4.77 Inhouse Investment 5.80 5.97 5.82 5.35 Total Portfolio Investment interest 5.61 5.73 5.68 5.07 6 Ci~ of Federal WaF June 1999 MonthiF Fimmctal Report MAJOR REVENUE SOURCES LOCAL 1~'7'AIL ~ TAX REVENUES Jm~mry $ 644.~6~ $ 623.386 $ 638,852 $ e67,688 $ 711.432 $ 43.744 F~l~ma~/ 883.229 9(32.478 949.276 941.601 1.013.425 71.824 7.6~ March 607,790 640,g67 714,640 667.002 717.005 50.003 75~ ~l~fl 577.(322 582.547 575.596 601.682 633.460 31.778 5 3~ Mly 7~a.~o 6~0.733 655.396 706.570 783.051 76.481 J~ne .... 607:1-0~4 ' 6~.058- 76~:461 ' 688.513- 772.812-' 86.299 12.6~ Se~er 734.3~8 735,617 850.295 788.583 0.0~ ~ctol~r 652.886 657.100 761.581 714.775 0.(~ No~..=~ ~ ' ~e~.75~ ' ~7.sa5 ' ' +-3~.3~ - +~4.770 0.0~ Decemb~' 664.611 793.528 800,018 755.570 00~ T~all $ 1,0~1,423 $ 1,304,134 $ 1~71~170 $ ~,~O~,4~1'$ 4,131,11~ $ 3~0,129 1.4eA . SALES.TAX REVENUES June 1~97 through June 1999 Sl,o5o,0oo ...................................................................... Holiday Sea,on : $950,000 $750,000 - - - SALES TAX COMPARISON by AREA YTD Throu~lh June Change from 1998 Group 1994 1~98 199~ _ 1~97 1998 1~99 $ Change .% Change S 348th Retail Block . 437,895. 550,097. 575,297. 635,805. 679,822 _ 755,922. 76,100 11.2% SeaTac Mall . 591,086 . 570,344 _ 539:058 . 528_,598 _ 526,863 . 523,002 (3,861). -0.7% Major Auto Sales 178,530 164,858 191,310 178,101 189,621 191,517 1,895 1.0% S 312th to S 316th Block 48,078 . 50,693 . 47,267. 42,318. 43,157 . 42,441 (716) -1.7% Pavilion Center na . na . 64,320 69,688 . 68,876 66,989 (1,886). -2.7% Hotels & Motels 15,495 19,264 16,366 20,015 18,780 21,604 2,824 15.0% 7 City of Federal Way June 1999 MonthiF Financial Report COMPARISONOF SALES TAX COLLECTIONSBY SIC CODE GROUP For the Month of June Component 1993 1994 1995 1996 1997 1996 1999 Chenge from 1998 Group Actual Actual Actual Actual Actual Actual Actual $ Change % Change ~etailTrade $ 360,472 $ 409.647 $ 372.840 $ 404.432 $ 419.639 5e~ices 44.140 52,579 ~onstruction/Contract50,586 63, 861 /~no~esa~ing 28,786 33.592 rransp/Comm/Utility 26433 29.663 VlanufactL~ng 24.398 22,330 .~ovemment 10.119 7.656 :in/InsJReal Estate 7,084 5.810 :}ther 4,772 7,229 Total S 556,790 $ 632,367 TaxableSales ~ $ 65,504:706' S 74,396~1'18 S 70,482,312' S 71,423,978+ S 78,712,718' 90,524:862' S 901919,038- S 394,175' 58,595 63.872 71,633 52,272 30,554 54~253 41.958 36,072 32,904 20.273 23014 30.301 31.162 30,626 28.948 8.724 6,216 14.897 5,454 3.964 7.933 7821 8,352 8.551 S 599,100 S 607,104 $ 669,058 455,591$ 493,849 $ 38.258 84% 63.251 65,887 2636 4 2% 42,798 ' 89 711 ' 46,914 109 6% 33,476 ' 4 ~,017 7,542 225% 29.487 33,389 ' 3.901 13 2% 106906 22,631 (86,276) -79 2% 14.004 9,864 (4.140) -29 6% 8,557 7.712 (846) -9 9% 13.391 8,752 ' (4,639) -34 6% 769,461 ' $ 772,812 $ 3,350 0.5~ 0.55 Component 1994 Group Actual COMPARISONOF SALES TAX COLLECTIONSBY SIC CODE GROUP YTD Through June 1995 1996 1997 199~ 1999 Change from 1998 Actual Actual Actual Actual Actual $ Change % Change Retail Trade ;ervices ;onstruction/Contract V'n~esaling Transp/Comm/Utility Manufactunng ovemment ~lns/Real Estate Other $ 2,549,056$ 2,506,739 290,882 335,077 269,551 328,530 223.333 288,940 189,333 176,374 150,643 181.887 36,105 43,2OO 34.543 35.295 41.465 40,732 Total $ 3,784,911 $ 3,936,774 TaxlbleSale~ $ 445,2~3,647 $ 463,149,629 2,651,806 $ 2,664,105 $ 2,774,070 $ 2,988,843 $ 214,773 357,952 395,879 227,397 281,4~0 383.792 212,724 131,257 178,190 209,163 201,79~ 51,113 54,148 39,23~ 48,521 37,072 42,347 $ 4,0~8,790 $ 4,079,169 4~1,034.140 $ 479,902,194 398,640 420,297 290,423 418,397 261.536 268.39O 173,648 188.549 230,864 185.681 66.902 59,139 53,401 58,885 53.659 43,005 $ 4,303,232: $ 4,631,185 770/ 21,658 5 40/ 127,975 441°/ 6,854 2 60/ 14,900 8.6°/ (45,183) -19 60/ (7,764) -11 6°/ 5,394 1010/ (10,654) -19 9~, $ 32'/?53, 7.6'/ 506,262,6331 $ 544,845,301 38,582,668' 7.60/ SALES TAX ACTIVITY BY SiC CODE YTD through June 1999 Fin/Ins/Real Government . Estate Manufacturing 1.3% 1.3% 4.0% Trans/Com/Util Other 4.1% - 0.9% Wholesaling 5.8% Constr/Contract 9.0% Retail Trade 64.5% Services 9.1% 8 C~, O[ Faleral WaF dune 1999 Montkl~ Financial lanuary $ 93,509 $ 65.366 $ '146,325 S 163211 $ 56.616 $ ~89,269 $ 232.454 409.1~4 luly 1~.1~3 107.~ 133.~1 1~.432 295.7~ ' 125.9~ .............. : ~o~ ~.~ 76.~ 1~.7~ 216.~1 143.877 93.419 - 0.0~ REAL ESTATE EXCISE TAX ACTIVITY $1,200,000 Through dun, $1,~oo. OO~ :..'~:.~.:~. :'~.~¢.~. :~,.~-,w *'~ .... ' i ~'~' .:leCtrlc 124.695 612,585 1041,471 1.800 058 1.018.465 1,103,325 $ 84,860 8 3% Ga- 54,230 230,882 374,516 519,109 361,614 413,219 51,605 14.3% 1,634 140,393 217,523 465,876 227,441 270,469 43,028 18.9% i Ca~te Phone 69.795 273.662 481.161 955.375 531.925 526.643 (5.283) -1.0% ~om~Omiml~::~ ...................................................... , 7~.639 _ 55.305:1~;~-- ': ~ ~': :~2:-i~-- 7':: -~2- ....... i~.2-~4T ....... ~I.~.3~ Table reflects reperting ~ tflmugh May. Ci~ of Federal WaF June 1999 MonthiF Financial Report February March April May June July August September October December 435.822 464,082 432,738 421.491 414,605 393,332 354,073 325.469 328,985 356,679 344,718 361,776 Total 4,121 35,730 96699 95723 75,865 83369 76,681 85,162 76,107 89,608 91,283 125,150 118.633 139684 404907 43171O 320.663 294.086 314176 310.675 326.801 365,280 401,119 431,810 460,440 429,076 415,919 401,428 373,909 348,201 318,905 322,551 348,206 326.729 351,629 435822 494.610 $ 58788 13 5°~ 464082 479716 15.634 3 432738 469.241 36504 8 4".~ 421 491 480522 59031 14 0°,~ 414605 463233 48.628 11 7% 393.332 415.001 21.668 5 5°,~ n/a n/a n/a n/a n/a Utility Tax Revenue Through June, 1999 Storm Drainage 1.60% Phone 18.79% Cellular 10.03% Pagers 0.17% Cable 9.66% Gas 14.7S% Garbage 5.64% Electric 39.37% GAMBLING TAX BY ACTIVITY Y'rD Through June 1997 Actual 1998 Actual 1999 Actual Change from 1998 Activity % $ % $ % $ $ Variance % Variance Games 0,9% $ 1,406 1.1% $ 1,318 0.4% $ 2,821 $ 1,503 na Punchboards 0.8% 1,322 0.0% 1.0% 6,981 6,981 na Pulltabs 800% 130,789 90.4% 109,542 247% $175,196 65,654 59.9% Cardrooms 18.3% 29,953 7.7% 9,317 74 0% 525,545 516,228 5540.9% Bingo 0.0% 41 0.8% 1,014 00% 20 (995) -98.1% Total 100.0% $ 163,512 100.0% S121,192 100.0% $ 710,564 S 589,372 486.3% Table reflects reporting activity through May 10 Cit~ o[ Federal FFay June 1999 Monthly Fin ,tmclal Report "'Janulry '$31',616 ~,182 ~1,1~ $~,~ ~,4~ ~.~ _ . 36,~1, _ ~,~ ~_ ~,4~.7. 1~,4~ ~,~3 102.5% May 31,1~ 19,025 ~,745 1~,773 88,028 i55.1% JU~ 2~,42i .... 20:J'2~ 26,~7-' 142,~' 115,591 ' 4~.~ JuN 26,~ ~,691 33,~ 0.~ ~ 18,4~ ~,915 27,174 0.0% ~r 23,~7 ~,~ 32,313 0.~ Nov~ ~,591 51 ,~ 27,718 0.0% D~r lg,7~ ~,147 33,4~1 0.~ Tml 618,~ rala a,~ ~ 171o,a ,~,la: 1~3% FINES &,FORFEITURES ~ ~g,871 S5~l,418 S~13,226 : SI31,130 ~lO, gOO i $714,g00 1~1, 1~$ 1M 1~7 1N8 i 'lgll Clmnge from Adop~cl Mmlth AO~Ull Ami Ami i AOtmll ACtual i ~ ~ AOtull $ Vl~ i Jan $35,1~ lSa,Sg~ ~q0,642 $36,756 $e0,698 S50,540 $64,7g0 $14,251 28.2% Fib 49,447 33,042 56,197 38,~09 67,000 54, 512 68,187 13,674 25.1 Mar 44,493 38,296 47,2015 46,673 84,432 59,851 87,418 27.567 46.1 Apr 5~,501 54,416 51,752 51,192 57,881 63,806 86,409 22,603 36.4% May 51,202 4~,764 54,538 52,976 73,670 62,101 61,806 -295 -0.5% Jun 57,984 5~220 46.81 t 50.903 66,060 63,~m 1 75,375 11.494 1 Jul 41.~!6 ' ~.~36 4&68t S~016 el,e6e 61,299 Aug 65,794 ~14~$19 63.650 65,74~ '~3,201 71,691 Sefl · 41.2~ &~235 36,218; 56.~01 72,363 58,952 ....................O~ ~4~ ~0.022 4~,4~ Se.376 /~.6~S 59,518 Nov 46.068 50,281 33,604 45,810 57,001 55,157 Dec 44,826 40,104 30,269 67.590 33,327 52.693 Total t~2.1N :. ~07.~32 ! t~0.0~3 :: I422,4~2 $71t,112 i $714.0~0 $443,~14 1 ~l~.214 ! 30.7% % Change ?.~ ! 2.~ -7.1% ! 11.t% ! 27.~% -I.7~ · Indud~lin Fine~ & Fcxfl~u~el mi re~Jlt~n~ fr~m Otl~t C~ fix '~ltld Ce~t C~Itl' and 'Co~t Re~d Sewt¢~'. FINE8 AND FORFEITURES ~q'D Through June s~o,om .............................. 7-----.--: ............................ $408,73~ ~110,63~ $307,14~ $2'/7,110 $0 il Cit~ o[ Federai WaF June 1999 MonthiF Financial Report BUILDIN~PERf4[TStZONINGFEES/PLANCHECKFEES '~9~4-19~ '' January February Aprd May July August September October November December 34,376 30.950 36.508 65,038 69.015 60208 71,299 58,683 60,354 43.435 81.867 48,383 $ 26,305 $ 44,823 48,297 51,060 50.280 65,217 64,655 60,072 37,509 42,402 45,163 49,613 $ 36,051 $ 47,671 52,296 63273 53.636 39.732 36,428 42,525 67.062 38,435 70.370 49.954 59.934 $ 81.164 95,791 95,510 55,171 57,030 50,474 56,879 61.053 48.152 32,664 48,716 54,814$ 53,165 $ 77,561 $ 24.396 33,057 45,879 67,315 60.598 106,758 144,686 130,374 92,585 122,107 100,057 72243 60,446 104.383 43,937 77.897 148,530 70,633 74.057 101 203 27,146 75,731 169384 93653 87,461 167539 80,078 78.077 - 71,521 75,143 67,393 62,48O 69,822 459% 727% 907% 36 7% 123 7% 91 6% 0 0% 00% 0 0% 0 0% 0 0% 00% Exp thru June 745937 831,104 905,042 1,091.604 %050,282 1,159,191 1.103.928 na. na Recove~ Ratio 39 2% 34 2% 31 6% 40 7% 35.1% 37 0% 69 6% na na YTD Recovecy Ratio 41 6% 390% 34 0% 35 7% 378% 36 9% na na na BPlan r-lElectric $400,000 S350,000 $30Q,000 S250,000 $200,000 $150,000 $100,000 $50,000 $- BUILDING PERMIT/ZONING/PLAN CHECK FEES 1994-1999 1994 1995 1996 1997 1998 1999- 1999-Act Adp January Februar~ March April May June JUy August Septembe~ October November December Monthly Average $ 16,198 $ 22,397 $ 12,719 $ 7,041 $ 16,188 $ 16,959 $ 19.293 10.580 6,797 23,627 8826 11.56~ 10708 25439 11,224 14.751 6955 18991 21158 39,839 7 131 8,283 8.374 9726 29,676 19.584 9,339 18,645 9,997 9006 15.252 (32,125) 22,059 14,041 11,036 27,799 13,524 8,583 26,504 9079 9,551 9,977 12.353 27.438 26,180 15,049 18,019 8,437 12.347 19.977 26,621 26339 21.002 34,634 42,540 32.348 33.531 13,802 15,722 24.592 17954 21.273 19.635 25,914 19,191 13,147 20,759 19.402 43~177 16.849 25,087 28,875 2,334 13 5,600 40 6~ 27.455 174 (7743) -31 7,133 397~, $ 7,602 357~ 0 0R - 0 Om - . 0 Om - 0 Om - 00~ 20.147 22.638 14,832 19,049 32,460 22,623 - 0.0~ 12,071 14,890 16.435 15,735 25.535 19.298 25,447 7,063 June 1999 Monthly FinanCial Report Permits/Plan Review/Expedited Review/Inspection Feee Through June 160,000 140,000 - 120,000 - 100,000 80,000 - 60,000 - 40,000 - 20,000- 1~4 1995 1996 1997 1998 1999- 1999- Adp Act PW Expedited Plan Review law Inspection Fees · ~,n ~ ~,,~ IRONY Perrmtl EXPENDITURES AND USES Court Co~t~ v~ Number of Flling~ ~ June S180,000 ~ ~ $1~0.000 4.~1 I"12'1~11~1' 4,500 3,50o 2,500 2.000 lCou~t Coltl · Numl~rof Filil~s 10,Q~0 9,0~0 1~4 1986 1~ 1~87 lg~8 lg~8 13 CitF of Federal WaF June 1999 MonthlF Financial Report PUBLIC WORKS - CONTRACTED SERVICES Expedited Plan Review (1) $ 5,000 $ 31,429 Contracted Plan Review (1) [ % 628.6°4 n/a Neighborhood Safety (1) Traffic/Transportation Traffic Maintenance - KC · 4ltotal Tllff~ ~ : Street Maintenance - Pdvat~ ContraCtors (2) Street Maintenance - WSDOT Structure Maintenance (3) 20,000 1,516 7.6% 10,000 8,805 88.1 °4 358,0® ' 110,186 ' 30.8% 237,702 140,508 59.104 85,036 ' 5,216 6.1°/c 119,367 1,155 1.0% Solid Waste Litter Control 47,304 19,352 40.9% S.b~,ta~ So.cs w,.m I $ 47,3o4 [~ __~_~_,__?~_ 1 "~ Water Utility Billing - KC 65,000 27,987 43.1% State Highway Maintenan~ - WSDOT 42,500 ' 2,6~ ' 6.1°~ Water Analysis (1) 13,877 756 5.4% Sir. Sweeping, Catch Basin, Manhole & Pipes (1) 267,241 120,776 45.2% Snow & I~ Removal (1) 30,000 434 1.4% Snow & I~ Removal - Lakehaven Utility District 10,000 0.0% RECREATION & CULTURAL SERVICE PROGIMMS AND DUMt~ BAY CENTRE PERFORMANCE Throug~ June Community Center Senior Services Special Populations Youth Commission Adult Athletics Youth Athletics Aquatics ATHLETICS AND SPECIALIZED SERVICES 20,500 13,785 67.2% 61,250 22,333 15,839 70.9%' 65,547 10,700 12,929 120.8% 49,380 500 0.0% 2,400 164,850 114,334 69.4% 114,805 ' 98,600 41,591 42.2% 87,816 2,000 396 19.8% 33,890 27,034 44.1% 33.5% 51.0°4 35,743 54.5%' 34.1%- 44.3o/( 36,185 73.3% 21.7% 35.7°/( 910 37.9% 20.8% n/; 54,270 ' 47.3%- 143.6%' 210.7~/; 30,570 34.8% 112.3% 136.1°/; 6,435 19.0% 5.9% 6.20/; Administration - - n/a 177,802 86,628 48.7% n/a n/; COMMUNITY AND CULTURAL SERVICES Arts & Special Events 37,490 15,964 426% 54,314 33,611 61.9% 69.0% 47.5°/ Community Recreation 127,390 68,931 54.1% 166,144 73,147 44.0% 76.7%' 94.2% Red, White & Blue 16,980 4,250 25.0%' 32,500 11,682 35.9% 52.2%' 36.4% Administration - , - n/a 211,223 96,186 45.5% n/a n/a TOTAL RECREATION $ 501,343 $ 288,019 57.4% $ 1,067,069 $ 492,40t 46.6% 42.5% 58.5%I DUMAS BAY CENTRE Dumas Bay Centre (1) 429.609 234.646 54.6% 467.436 229,877 49.2% 91.9% 102.1 Knutzen Family Theatre (1) 59,030 26,785 45.4% 159,030 47,890 30.1% 37.1%' 55.90/01 TOTAL DUMAS BAY CENTRE $ 488,639 $ 261,431 53.5% $ 626,466 $ 277,767 44.3% 78.0% 94.1%I Arts Commission - - n/a 93,794 13,277 14.2% n/a '~b'TOYXt ........................... ['-$-'-~;~,i-1 f"r,i~;~'I '- ~1~ i;~;~7 $~' t~3;¢~ l'"-'-'i~:i~[ (1) Revenues do not include interest income or operating lransfem Expenddures do not include lnterfund contributions Citv o£ Feder~ Wal~ June 1999 Monthl}~ Finunctal Report Pass-Thlq:m~h Gramor Program Title P~tvsed-throu~King Cmmt. v 1999 CDBG Program- Planning & Admin =DBG-Traffi¢ CIP - Signalized Pedem~m Crossing =DBG-Law-Domestic Violence Coordinator :DBG-CARES =DBG-Community Health - Dental Access .'T)BG-Kin~ County Managed Projects (I) FOTAL CFDA 14.218 73,133 $ 20,811 $ 24,595 48.538 29,709 I;840 27.870 21.648 704 704 20.944 49,290 49,290 12.600 3,150 9,450 514.925 514,925 701,305 21,515 30,289 671,016 lIS Department of Justice :OPS Uniwrsal Hiring Program (2) 600,000 600.00 :OPS More 96 33,462 24,107 33.462 - :OPS More 98 (2) 92,389 92,389 FOTAL CFDA 16.710 125,851 24.107 33,462 92,389 IIS Departtr~nt o/Justice t7 Local Law Enforcement Block ~ts Program }8 Lo~al Law En forc~m~nt Block Grants Program 67.044 9;674 9.674 57.370 110,973 110,973 FOTAL CFDA 16.592 178,017 9,674 9,674 168,343 ~JS DEPT. OF TRANSPORTATION E3PA Trail Phase HI ~3rd Avenue South (3) Military Road and Smflnke ~ 320th St/SR99 Intersection Improvements ~ifi¢ ttiFhWaY S HOV Lanes (4) 53.705 28,802 28,802 24,904 818,794 818,794 124,855 124,855 124,855 - 48,083 25,805 25,805 22,278 '623,284 90,651 90,651 532.633 FOTAL CFDA 20~205 ~ 1,668,721 270, I ! 3 270, I 13 i .398,608 ~UBTOTAL FEDERAL GRAN'IS Kin~ County 2,673,894 325,409 343,538 2,330,357 Commute Trip Reduction 44,355 21,772 21,78 i 22.573 Waste Reduction Grant 9,816 I, 100 8,716 COP - Business Recycling I 1.310 I, 175 1,175 I 0,135 COP - Special Recycling 14,312 7,652 6,660 Local Hazardous Wasle Management 22,943 I 1,190 I 1,753 CPG 44,266 4,628 4,628 39,638 Referenda 26/39 30,242 30,242 Red, Whites & Blues Festival 2,980 2,980 Summer SoundsConcert S~ies 3,000 3,000 Total King County - "250,433 32~203 63.345 187,088 State De~t. of Tron.~oortation 21 st Ave SW & SW 334th St Pedestrian Traffic Signal-T! 100.000 SR99/S 330th St Intersection Improvements(2) 100,000 S 320th St ~ SR99 Intersection Improve 188,524 S 312th St. - SR99 to 23rd Ave.-TIB 1,268,595 100,000 100.000 38.707 38.707 149,817 748.456 748.456 520,139 Total DOT 1,657,119 787.163 787.163 869,956 WA State Knutzen Family Theatre (5) 413,000 US/~e/of Iqsh & Wildlife Lakota Creek Adoption Program I 0,000 413,000 10,000 I 0,000 SUBTOTAL STATE AND LOCAL GRANTS 2,330,552 829366 t.273.508 1,057,044 SUBTOTAL ALL GRANTS $ 5,004,446 S 1,154,775 $ 1.617.046 $ 3,387.401 (I) KC did not prepare · firsl quarter report but will issue I st & 2nd Quarters' report end of July (2) Authorized but not included in budget yet - will be added during the )'nd budget adjustment (3) Includes an additional $404.820 has been authorized - wild be included during the ynd budgel adjustment (4) An additional $7,190,413 has been allocated and budgeted but is not for the current year (5) Application approved For the entire eligible amount of $413K but actual award is pending City o[ Federal tVaF June 1999 Monthl}, Financial Report CIP - 1997 GO Bonds 101 Public Safety 5,066,430 n/~ 102 Downtown Revitalization 2.573,816 2,573,816 237 0 0°/< 104 Opportunity Fund 17,492 - - n/; CIP - PARCS 101 Open Space Projects 108 School Site Improvements 112 Ne~ghborllood Parks 114 Celebration Park 115 Klahanee Lake Communlty/Sen~or Center 119 BPA Tra~ Phase III 124 Skateboard Park 125 Panther Lake 140,925 595,582 122,294 118.471 27.229 127,841 24.665 74.140 126 Asphalt Oveday for Paths & Trads 5.915 140.925 9.582 122.294 118.471 27.229 127,841 24.665 74 140 5.915 110,165 782~ 2,141 223~4 0 0°/< 157,694 133 le/< . 0.0oA 44,970 ' 352°/< 8.616 349°/< 0 1.043 176°/< ClP - SWM 111 Small Caoltal Prolects 333578 213 SeaTac Mall Detention 1 739.643 215 340th St Regional Storm Detention 146.990 230 Stadake Road/S 272nd Conveyance 69.513 240 S 356th Regional Storage 155.387 241 S 356th Drainage Study 623535 242 W Hylebos Channel Stabdization 196.986 310 CIP Studies 29.970 500 Five Year Momtonng Program 195.421 ClP - Traffic 106 21st Avenue ~ SW 325th S~gnal 32.981 108 Dash Point Re ~ 8th Avenue SW 244.563 113 S 336th ~ SR99 - Const RHTL 398.508 114 Md;tary Rd & Star Lake S~gnal 163440 333.578 1.739.643 146990 69.513 155.387 623.535 196.986 29.970 195.421 74798 22 81 025 4 7°/< 3 418 2 315 0 5°A 25.086 16.1"/< 31 0.0°/, 0 0°,~ 16.241 ,54.2°A 6.508 33% 32.981 0 0% 244563 2.493 1 0% 398.508 65.951 165% 163.440 147.768 904% ClP - Streets 102 S 356th/sr99 to 1st Ave 106 SWS 336th ~ 21 st to 27th Ave SW 109 317th - 326th 23rd Ave S 112 S 348th/I-5 to SR99 113 312th St/SR99 - 23rd Ave 115 M~htary Rd S/286th to 304th Ave 117 Other Bond Projects 122 S 320th St & SR99 123 21st Ave SW & SW 334th St Ped 124 SW 312th St & 14th Ave SW Ped 125 SW 340th St & Hoyt R0 126 SR 99 Imp - S 312th to S 324th 127 SR 99 (~ S 330th Street 387.800 387800 13.173 13.173 1.918405 1918405 26000 26000 2.370,811 2370,811 874.894 874,894 339,800 434,093 434.093 192.956 192,956 900 900 53,875 53.875 8,916,135 725,722 2.940 162 1,333,486 476,517 109,627 9,426 900 86,579 159,522 3,541 00% 22 3~ 0 0R 0 0R 562~ 545~ 253~ 4 9X 100 OX 160 7~ 22 0X Dumas Bay Centre Deferred Maintenance 31,828 31,828 0 0°/ 102 Civic Theatre 31.295 31,295 2.752 88% Oveday Program 2,018 311 2,018,311 34,745 1 7% 16 ATTACHMENT A CITY OF FEDERAL WAY EUMBMRY OF SOURCEE AND USES OPERAI'ING FUNDS Through June 19~4o1999 [~... Actuals i 1999 Revised Budget Actuals I Variance . Through Through Favorable (Unfavorable) ceE/Uses 1994 1996 1996 1997 t998 [ Annual June June DolLars ($) ! Percent BeglnningFundBalence $12,181,738 Slt,403,627 S10,33t,641 $10,396,188 $16,t28,342 $17,264,368 S17,284,368 $17,264,368 $ 0.00,~ ;3~orating Revenues Property Taxes 2,914,285 2,888,348 3,583,580 3,147,880 3,545,735 6,634,350 3,512,023 3,512,023 0 0.0~ Sales Tax 3,784,911 3,936,774 4,088,790 4,079,169 4,303,232 8,605,426 4,271,056 4,631,185 360,129 8.4~ Hotel/Motel Lodging Tax 65,000 4,541 4,541 0.0% Criminal Justice Sales Tax 514,744 528,942 533,959 607,717 648,178 1,362,747 650,508 706,007 55,499 8.5~ Intergovernmental 3,O93,321 2,976,114 2,659,983 2,326,642 2,376,563 4,576,430 2,330,533 2,443,447 112,915 4.8~ Real Estate Excise Tax 787,089 439,441 543,082 769,477 991,858 1,200,000 555,404 971,771 416,367 75.00~ Sambling Taxes 153,779 189,987 162,670 192,932 141,313 509,600 319,611 710,564 390,953 122.3% L)tility Taxes 307,555 1,392,551 2,347,139 4,633,769 2,582,069 2,802,323 240,254 9.4~ r-'ines & Forfeitures 294,825 290,635 307,145 277,110 408,739 714,000 354,690 443,984 89,294 25.2% Building PermitsJFees-CD 292,659 284,270 285,983 439,557 368,422 853,193 428,757 733,333 304,576 71.0% Pass Through Fees-CD 35,267 35,267 rv'a ROW Permits/Fees-PVV 101,794 78,108 91,246 70,737 109,909 239,573 110,304 121,254 10,950 9.9~ :)ass Through Fees-PW 31,429 31,429 rEa Licenses 43,550 41,542 39,499 39,087 28,584 123,201 95,731 84,064 (12,667) -13.1~ ;ranchise Fees 181,099 186,359 196,457 246,833 340,864 494,255 252,653 236,989 (15,664) -6.2% Recreation Fees 233,958 206,758 214,414 241,097 248,625 551,343 284,432 339,100 54,668 19.2% Dumas Bay Centre 49,850 119,932 110,279 164r921. 163,960 429,609 184,055 234~646 50,592 27-.5f Knutzen Family Theatre 59,030 29,515' 26,785 (2,730) -9. Interest Earnings 207,606 164,234 193,074 221,007 337,666 1,040,139 441,771 520,917 79,147 17.9% Adrnin Fee-SWM & Solid Waste 75,192 77,448 81,367 82,995 168,478 84,240 84,240 8WM Fees 1,580, O31 1,540,9oo 1,531,098 1,427,620 1,578,363 3,120,302 1,583,126 1,563,126 0.0% Refuse Collection Fees 74,576 73,942 72,091 71,926 73,219 148,524 74,262 62,441 (11,821) -15.9% Police Services 89,851 62,923 138,432 62,523 177,367 114,843 183.7~ ~)tber 319,846 293,725 369,771 263,163 734,495 139,765 55,484 55,484 0.0% Toad 0peratinl~ Revenues 14,627,923 14,316,202 1S,,K,0,124 16,160,644 18,892,783 36,807,166 18,228,286 20,E32,287 2,304,001 12.6°/, Operating Expenditures City Council 110,327 105,433 105,526 114,691 118,424 219,841 135,355 126,847 8,508 6.3% City Manager 211,052 172,968 225,716 289,967 295,328 587,110 284,853 292,453 (7,601 ) -2 7% ~'-".icipal Court-Start up 300,000 12,794 12,794 Q gement Services 585,044 642,223 752,534 698,527 740,121 1,953,969 838,128 838,212 (83) 0.0% · Legal Services 160,006 190,557 224,674 270,291 225,259 542,355 256,491 300,181 (43,691)f -17.0% Criminal Legal Services 278,177 294,488 330,427 331,902 494,130 1,210,809 559,687 480,108 79 577 I 14.2% Comm. Developement Services 1,671,519 1,834,818 1,405,230 1,287,228 1,276,034 3,048,376 1,539,405 1,339,566 199',839 I 13.0% Police Services 4,138,754 4,040,559 4,287,214 4,761,282 5,452,274 12,049,356 6,000,727 5,852,978 147,749 2.5% Jail Services 354,870 273,566 337,726 383,995 426,006 875,000 457,620 515,865 (58,245) -12.7% Parks & Recreation 1,627,786 1,468,537 1,530,415 1,246,409 1,281,570 3,065,364 1,464,009 1,377,573 86,436 5.9~ Pubtic Works 1,251,954 1,366,543 1,202,026 1,350,955 1,469,946 3,444,273 1,589,677 1,386,197 203,480 12.8~ City Overlay Program 767 201 351,049 113,834 100,382 2,018,311 34,745 34,745 - 0.0% Snow & Ice Removal (1) 13,339 3,067 38,780 50,711 28,860 55,076 27,030 6,429 20,601 76.2~ Solid Waste 57,222 78,644 141,465 347,105 113,662 299,727 147,099 118,089 29,010 19.7~ Hotel/Motel Lodging Tax 65,000 ' i rEa Surface Water Management 507,321 630,352 727,392 785,372 643,129 1,749,884 848,393 771,803 76,590 i 9.O~ Debt Service 482,553 512,373 647,389 7174209 1:O37,923 5,293,482 2,264,351- 2,264,361 0 I 0.O°A Dumas Bay Centre 95,284 137,784 173,870 202,762 198,221 467,4.36 223,858 229,877 (6,019) -2.7o.~ Knutzen Family Theatre 159,O30 79,515 47,8.90 31,625 , 't Total Operating Expenditures 11,628,976 11,762,223 12,481,433 12,962,240 13,90t,269t 37,404,400 16,763,746 16,996,970 f 767,776! 4.6°,4 Opera, rig Revenues overl(under) 2,662,979 , Operating Expenditures 3,100,948 2,968,692 3,198,404 4,991,614 (1,697,2~4 1,404,640 4,636,317 3,07t,777; 209.704 Other Financing Sources - 2,301,421 7,126,596 2,148,583 2,148,583 -d 0.0°~ Other Financing Uses 2,812,631 811,8614t 1,848,456 4,888,652 10,901,698 6,152,397 6,152,397 ' I O.0~ Ending Fund Balance I Solid Waste 111,484 188,505 I 213,050 296,991 294,316 285,378 251,346 rEa rEa Snow & Ice 191,274 103,239 73,358 103,530 I 100,000 100,127 rEa I rEa Arterial Street I 1,583,848 971,893 362,100 470,902 477,375 1,696,821 rEaI rEa Utility Tax t ' i 2,120,030 2,177,359 ! 3,052,635 rea i n/~ SWMt 2,016,324 1,702,890 i 1,077,666 1,566,522 2,276,459 1,321,384 858,599 rea ~ rEa Path & Trails 29,109 39,284 I 50,210 6,153 12,555 21,598 17,063 rea ' rea Strategic Reserve 2,150,580 2,104,645 i 2,050,477 2,022,389 2,025,496 2,000,000 I - j 2,038,426 rEa ! rea Debt Service 1,657,809 1,936,991I, 1,618,909 2,986,805 , 5,283,482 4,447,344 ! il 4,249,468 rea ! rea ~c~-nas Bay Centre i 562,661 157,897 I 115,131 83,742 t 13,286 (0) ' I 103,435 rEa ~ rea ;e 1,031,439 I 1,082,207 ! 786,441 669,334 746,150 ~ rea rea _,i 300,000 300,000 300,000 300.000 rea '~ rEa Interfund Loans I 60,000 10,000 i 10,000 10,000 10,000 10,000 rea ! rea Unreserved 4,318,260 4,819.927 I 5,860,995 4,695,523 3,532,267 379,803 - 4,360.981 I rEa ~ rea Total Endln~ Fund Balance I $12r470Iog~ 813,164,746 I 811t46t'777 i 815lg941'92 I 817,236~237 I S11'7121200 S 14,7tg~094 817,786,872I $3~071,777 20.9~_ Note 1: These expenditures occur primarily during the winter months. 7/23/994:03 PM CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Proposed Ordinance Amending the Federal Wa~v 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 CCC--C") and City Center- Frame CCC-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 ~ 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 F.ebruary 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 South 348th Street between I-5 and 1 lth 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. *' r _- APPROVED FOR INCLUSION IN COUNCIL PACKET:;~-- . ~ ~-----'-~ 7 -- . , (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERREDfNO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\AGNDITEM\ADLTRET.720 ATTACHMENT 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 SEPARATIONREQUIREMENTS,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, r~l~ Hr, tlse; 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 fa¥or 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 VIIol 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. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. 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 GINTZ 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:\ORO~DULTRET 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: (]) 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 f~l|~"~'$ below) for observation by patrons therein and which excludes minors by virtue of age. 1. Adult ~ 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 of age: and shall mean any of the adult entertainment establishments as defined in section 9-71 (A) and (B) 0fthe 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. 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. The Special Regulations and Notes of Use Zone Chart (CC-F) (Sec. 22-806, Adult entertainment, ere,) 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 existine 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 ~ ? .. ~ !l ~ 0 REGULATIONS h~ 'L- · -. · ~ LOT S~E S~E (each) I !~P~G SPACES ~.,.. ~ .~.~~ -. _. _.~ · I'rl '~ REGULATIONS ~V~W PR~ESS LOI SIZE FRONT S~E (each) ~AR ~XIMUM ~IGHT OF STRUCTU~ ~QUI~D pA~G SPACES i ATTACHMENT2 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, activin'y, 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 # 1 , PAGE 1 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 corranunity, 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. Tl%e regulations set forth herein are imended 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 S.ection 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respee~{o theproposal 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 heating. 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 oft he 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 ORD # , PAGE 4 "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." 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. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. 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 CITY OF FEDERAL WAY Way this day of MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE; ORDINANCE NO: K:\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 entertainmenL 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 to specified"sexual activities--or "specified anatomical arcas' (defined as follows below) for observation by patrons therein and which excludes minors by virtue of age. · U ........ .'+~i ...... !.1 .... : A-- :: TI ..... 1..,..~-* ~ ~1. (2) (3-) (2) 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. 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 Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or for viewing or ~., off the, premises, any adult oriented merchandise. Adult oriented merchandise, shall mean any goods, products, commodities, or other wares, including but not limil~e, d Fo, videos, CD Rom's, DVD's, magazines, books, pamt~hlets, 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_. Les.$ than ct~.mpletely and opaquely covered human genitals, anus, pubic region, buttock, or female bre~ below a-point immediately above the top of the areola; or b. Huraan 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 statg of sexual stimulation or arousal; b_. Ac~ of hu~ m~.~tuxbatiom sexual intercourse, sodomy, oral copulation, or bestiality; or c_. Foqdling or other erotic touching of human genitals, pubic region,, buttocks, or female breasts, whether cl°thed~ Of on, self 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 action. 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. Be The following section shall be added to Chapter 22: Sec. 22-338.2. Nonconforming adult entertainment, activity, retail, Or use. Any adult entertair~mer~.t, activity, use, or retail use located within the city limits on the effective date of this code, which are either mode nonconforming by this ~0de 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 ATTACHMENT3 LEGISLATIVE RECORD ADDITION (Warning: Sexually expliCit material attached) DECLARATION OF PATRICIA CONNOLLY WALKER 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 conununities 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 minors to view the interior of the facblity 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 Holl~vwood Erotic Boutique and Video store at 4811N. Market. 0775 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 a~l'~~il 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 9611E. 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. I 0'7'79 ~00 'd (flH~d) 66 ,I~ 1 - 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 Con[~on. 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 entertainment 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 Suly 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 t° 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 of Oakland, 129 Cal.App.3d 94 (App. Div. 1982) (one year); Bonnell, Inc. v. Oklahoma Ci_ty, 791 P.2d 107 (Ok. Ct. App. 1989) (five years); Town oflslip 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. _~_g., County o£Cook 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); SDd,, 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 cun'ently 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. cc.' 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: AugUst 3, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM ..... ...... '. .............................................................................................................................. CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF RgPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: N/A Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated July 19, 1999. This includes (1) a summary chart listing each CDBG proposal, the requested amount, the recommended funding level and a brief rationale; (2) a contingency plan providing guidelines for adjusting grant awards should the funds available increase or decrease; (3) one-page project descriptions for each application, (4) a two-page overview of the CDBG program guidelines, and (5) a reference copy of the City's CDBG Funding Strategies, 2000-2003. SUMMARY/BACKGROUND: The Human Services Commission reviewed and evaluated 17 proposals for 2000 Community Development Block Grant (CDBG) funding. The Commission interviewed each '~" applicant, and held a public hearing on July 19, 1999 to obtain public comment on preliminary funding recommendations. The Proposed Use of Funds includes a recommended contingency plan to allow for potential changes in the estimated grant amount. CITY COUNCIL COMMITTEE RECOMMENDATION: At the regular meeting of the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee on July 26, 1999, the committee voted 2-1 to forward the following recommendation to the City Council --The Committee recommends approval of the 2000 Community Development Block Grant Proposed Use of Funds, as presented by the Human Services Commission. CITY MANAGER RECOMMENDATION: '-(~'~-' ~ ~ ~ ,, ./ ................................................................................................................................................................. , ........... a....;.~..~,..,~......~.-, ........t.'.) ............................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Item 5F CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: July 19, 1999 From: Del Hoover, Chair, Human Services Con~unission Subject: 2000 CDBG Proposed Use of Funds Background The Human Services Commission is pleased to present the 2000 Community Development Block Grant (CDBG) Proposed Use of Funds. The Council Committee is asked to review the funding recommendations and forward them to the full City Council for final approval. Included with this memo is (1) a summary chart listing each project, the requested amount, the proposed funding level and a brief rationale; (2) a contingency plan providing guidelines for adjusting grant aWards should the funds available increase or decrease; (3) one-page project descriptions for each application, (4) a two-page overview of the CDBG program guidelines, and (5) a reference copy of the City's CDBG Funding Strategies, 2000-2003. The Council received a copy of the Commission's preliminary recommendations based on an original grant estimate of $496,840. On July 19, the City received a revised grant estimate of $606,881 (detailed below). The Commission adjusted their preliminary recommendations after the CDBG Public Heating to accommodate the change in funds available and to recognize public comment taken at that hearing. Recommendation Process The total amount of funds available for the year 2000 is estimated at $606,881. This includes a 2000 CDBG grant estimate of $492,820. In addition to the grant, $55,243 is added in recaptured CDBG funds from prior year projects that did not expend their total award or Federal Way Home Repair Program loans that were repaid. The total amount also includes $67,557 in CDBG program income which is generated by interest income received from King County CDBG Consortium-wide loan programs. Of the $606,881 total, $434,480 is available for capital projects (including $91,032 targeted toward eligible economic development applications), $89,760 is available for public service programs, and $82,641 is available for planning and administration activities. On April 30, 1999, applications were received for capital projects and public service programs. Seventeen proposals requested a total of $766,344. Of that total, $561,526 requested funds for caPital projects (including $237,526 in eligible economic development requests), and $132,900 requested for public service programs. Human Services staff prepared a proposal for the use of planning and administrative funds totaling $71,918. The Commission was challenged to thoroughly weigh each proposal and recommend funding at appropriate levels while staying with the constraints of the available funds. During weekly meetings, the Commission carefully reviewed each application and interviewed all applicants before developing a preliminary recommendation. The Commission then hosted a public hearing to collect citizen comments on the preliminary recommendations. These comments were considered as the Commission voted on the final Propose. WUse of Funds. The recommendations follow the guidelines of the City's CDBG Funding Strategies. New for this year is the 15 percent set-aside for eligible economic development projects. The Commission reviewed three eligible applications and recommended funding for two of the applications, totaling $149,526 (this amount represents 25 percentlof the total grant). In general, the Commission favored projects that are located in Federal Way or serve a high percentage of Federal Way residents. For public service projects, thc Commission chose to recommend continued funding for programs that had received CDBG awards in 1999. The Commission was able to maintain funding for these programs near their 1999 funding levels while allowing limited funding for one new program For planning and administration activities, $10,723 was available in excess of what was proposed by staff. This excess amount was allocated to capital projects. The Commission is confident that the Proposed Use of Funds complies with local and federal statutory guidelines. At the same time, it offers a diverse portfolio of projects and programs that predominantly benefit low- and moderate-income residents or eliminate conditions of blight within the community. ~o-lwnittee Recommendation ( 1./The Committee recommends approval of the 2000 Community Development Block Grant ~ Proposed Use of Funds, as presented by the Human Services Commission. This recommendation is forwarded to the full City Council for consideration at the August 3, 1999 meeting. The Committee recommends approval of the 2000 Community Development Block Grant Proposed Use of Funds, as presented by the Human Services Commission and modified by the Committee. This recommendation is forwarded to the full City Council for consideration at the August 3, 1999 meeting. 0 0 0 '0 0 E PROPOSED CONTINGENCY PLAN The allocation process for year 2000 Community Development Block Grant (CDBG) funds is based upon an estimate of what funds will be available that year. The City will not be informed of its exact grant amount until December 1999. For this reason, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount. The Human Services Commission recommends a set of actions, contingent upon changes in funds available. SHOULD THE ESTIMATED GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Project~ 3' Any additional funds will be allocated to (1) Habitat for Humanity of South King County - Federal Way Site Acquisition to the requested level of $30,000, then to (2) King County Housing and Community Development - Federal Way Home Repair Program to a maximum funding level of $170,000. Public Service Programs >' Any additional funds will be allocated to the following programs in the following priority order; (1) Community Health Centers of King County - Dental Access Program to the requested level or $12,600, and (2) City of Federal Way, Legal Services - Domestic Violence Unit to the requested level of $56,380. Planning and Administration Activities ~ Any additional funds for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE ESTIMATED GRANT AMOUNT DECREASE: Capital Projects > Funding for the Federal Way Chamber of Commerce - International District Phase II will be decreased to a minimum funding level of $33,194. Additional decreases will be made to the remaining capital projects in proportion to the remaining percentage decrease in grant funds. Public Service Programs >- Funding for the Federal Way Head Start - Parent and Child Education Series will be decreased up to the full grant amount. Additional decreases will be made to the remaining public service programs in proportion to the remaining percentage decrease in grant funds. Planning and Administration Activities > If necessary, funding for planning activities will be decreased to their full extent before decreases are made to administrative activities. PROPOSED CAPIT~ PROJECTs Federnl Way Youth Shelter Auburn Youth Resources (AYR) Request: $40,000 HS Commission Recommendation: $40,000 Project Description This project is a collaborative effort between Auburn Youth Resources (AYR) and Federal Way Youth and Family Services (FWYFS). FWYFS is providing their property for a six- bed, co-ed emergency youth shelter serving youth between the ages of 10 and 17. During their two-week stay at the shelter, AYR will get the youth back into school, work with the family or the case worker to develop a treatment plan and then provide aftercare services for the youth and their family once they have left the program. CDBG funding will be used for development and construction costs. The applicant chose to renovate this space over purchasing an existing home for four reasons: 1) it is all one level and easily adaptable for the physically challenged, 2) it is set up with two wings separated by the kitchen and living room which makes it easier to keep boys and girls apart, 3) FWYFS is already considered a "good neighbor" by their immediate neighbors and we expect little resistance to the change of Use as a residential program, and 4) the bus stop is across the street from the site. This project is scheduled to be complete in June 2000. Local Strategy and Rationale # 1: Develop a range of housing opportunities aimed at increasing the supply of affOrdable housing.... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. This project is located in Federal Way and meets an identified need in the community. A youth shelter is specifically listed in the City's Human services Comprehensive Plan as a funding recommendation addressing basic needs. The shelter will complement a youth drop-in center recently opened by AYR near Federal Way High School. Project Revenue Sources Federal Way CDBG King County TOTAL COST $40,000 $126,698 $166,698~ 1999 Funds Received none Federal Way Share 24.0% Human Services Commission Catholic Community Services (CCS) Transitional Housing for Homeless Women Request: $15,000 Proposed Capital Projects Page 2 of 17 HS Commission Recommendation: $15,000 Project Description The proposed shelter will primarily serve homeless women exiting the Regional Justice Center in Kent. The plan is to search for a single family house in South King County that has seven bedrooms plus sufficient common areas to meet the program needs. If such a structure cannot be found, CCS will find a smaller house and build an addition to create the needed space. The living arrangement is proposed for 6 women (plus a house manager) to share a single family house with common areas to allow for smooth operation of the program's components. Common areas needed include: kitchen, baths, living/meeting room, dining area, den/study/library, laundry, and shared office for the case manager and alcohol and drug treatment counselor. On-site management will include a part-time case manager and a live-in house manager. On-site services will include case management, some drug and alcohol treatment (group and individual meetings), classes in life skill training such as parenting, budgeting, stress management, and job preparation skills. During a period of 6 to 12 months, each resident will have participated in an individually tailored plan to achieve self-sufficiency. Exiting from the program will include a less intensive aftercare program in the community. The site acquisition is scheduled to be complete by February 2000. Services will begin in October 2000. Local Strategy and Rationale # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. There is a critical need for this type of service in South King County. Seventy-five percent of the women incarcerated at the Regional Justice Center have no permanent address. There are currently no long-term shelters in South King County for single women. CCS estimates that twelve percent of the client base will be Federal Way residents. Project Revenue Sources Federal Way CDBG King County State Other CDBG Private/Foundations TOTAL COST $15,000 $221,435 $25O,0O0 $5O,OOO $35,972 $572,407 1999 Funds Received none Federal Way Share 2.6% Human Services Commission Community Psychiatric Clinic Transitional Housing for Chronic Public Inebriates Request: $20,000 Proposed Capital Projects Page 3 of 17 .... ' H$ Commission Recommendation: $15,000 Project Description This project requests funds to acquire property in South King County for a special needs housing project. The facility will be a homelike structure, providing 15 private bedrooms, a community kitchen, common areas, a lounge and office space. The structure will be designed to address unique health and safety needs of a recovering population, but will also be designed to complement the character of the surrounding community and address concerns about safety and security. The project will serve persons who have a history of chronic inebriation and who, (a) are coming out of residential treatment programs and other designated treatment settings, and/or (b) are not currently in residential treatment,~ but have been in recovery, have relapsed, and are in need of temporary housing to resume their recovery efforts. The project will provide a stable, supportive housing environment for recovering persons, with access to treatment support, employment and assistance with transition into a permanent living situation. All persons living at the site will have support and supervision from staff located on the premises. Community Psychiatric Clinic provides a full continuum of residential and healthcare services to individuals in chemical dependency and mental outpatient treatment. CPC estimates that site acquisition will take place by February 2000. Local Strategy and Rationale # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. This project targets an extremely hard to serve lOw-income population. There are no similar facilities in South King County. Partial funding is recommended as the project serves a low percentage of Federal Way residents (between one and nine percent). Project Revenue Sources Federal Way CDBG King County State Other CDBG Private/Foundation TOTAL COST $20,000 $472,147 $412,713 $50,000 $45,973 $1,000,833 1999 Funds Received none Federal Way Share 2.0% Human Services Commission Proposed Capital Projects Page 4 of 17 Habitat for Humanity of South King County (HFHSKC) Site Acquisition Request: $30,000 HS Commission Recommendation: $15,000 Project Description Habitat for Humanity of South King County (HFHSKC) will use CDBG funds to acquire a building site in Federal Way. The site will be used to construct single family homes for first- time home buyers. This project will assist one or two low-income families, depending on the lot size, to become first time homeowners. The first task of the program is to secure and purchase a site to build a house. HFHSKC will then assist families chosen for the houses to assure that they have the knowledge and abilities needed to fulfill the financial requirements of home ownership and the practical skills needed to maintain the home's physical plant. To construct the home(s), HFHSKC will partner with local churches and community groups concerned with providing decent housing for low-income families. In addition, HFHSKC will provide on-going support to the families through its Family Nurture Committee. Individuals from that committee work with the family members and assist them should they encounter difficult times. The applicant expects to complete the purchase of the site by May 2000. Construction may then be complete by the end of the year. Local Strategy and Rationale # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. Site acquisition is an important activity for Habitat as property values continue to rise in Federal Way and throughout the region. The partial funding recognizes that this applicant received over $200,000 in CDBG funds for the 1999 program year from King County and several South King County cities, including Federal Way. Project Revenue Sources Federal Way CDBG HFHSKC & Churches HFHSKC TOTAL COST $30,000 1999 Funds Received $40,000* $107,190 Federal Way Share 20.0% $12,660 $149,850 *The 1999 award was for a different HFHSKC property. Human Services Commission Proposed Capital Projects Page 5 of 17 King County Housing and Community Development Progrnm Federal Way Home Repair Program Request: $140,000 HS Commission Recommendation: $140,000 Project Description The Housing Repair Program (HRP) is administered by the King County CDBG Consortium and is made available to all King County cities that do not operate their own programs. The HRP includes both loan and grant programs. The loan is structured with zero interest and no monthly payments until there is a change in ownership. Clients can borrow up to $13,500 for necessary repairs to correct health and safety issues. When the house is sold or the title transferred, the amount of the loan becomes due and payable. The program includes an emergency grant program for smaller scale projects that immediately threaten the health or.safety of the homeowner (for example, a broken heating system during winter). The maximum grant amount is $1,500. Grants up to $2,700 are also available to mobile home owners .for necessary 'repairs. Loans for home repairs are available to all Iow- and moderate-income city residents who have owned their homes for over one year. Eighty percent of the clientele are over the age of 55, most of whom are long time Federal Way residents on fixed incomes. These clients can no longer afford to repair their homes when systems begin to fail (leaking roofs, water and sewer pipes, electric and heating systems). Without assistance, the problems become health and safety issues that eventually force to homeowner to move out. The Housing Repair Program prevents homelessness by maintaining the habitability of homes. The program also preserves neighborhoods by preventing deterioration of the housing stock. Local Strategy and Rationale #1: Develop a range of.housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. No similar program exists in Federal Way. Every year, the program assists approximately 20 low- and moderate-income homeowners with average loan amounts of $8,000. As loans are repaid, the amount is added to the City's annual CDBG pass-through amount to be reallocated in future funding cycles. The reCommendation is to maintain the program at the 1999 funding level. This program is different from other proposals as a preliminary funding level is pre-committed by the City during the Consortium's pass-through acceptance process (although revision is possible). Project Revenue Sources Federal Way CDBG TOTAL COST $140,000 1999 Funds Received $140,000 $140,000 Federal Way Share 100% Human Services Commission King County Housing Authority (KCHA) Nike Manor Rehab Request: $35,000 Proposed Capital Projects Page 6 of 17 HS Commission Recommendation: $35,000 Project Description The Nike Manor community consists of thirty-one dwelling units and is located just north of the city limits in the West Hill area of Kent. Thirteen units are used for emergency family shelter, six units are used to house mentally ill senior citizens, and eight units are dedicated to transitional housing for homeless families. These units are leased to non-profit organizations including the South King County Multi-Service Center, Highline-West Seattle Mental Health, and St. Stephen's Housing Association. This property was acquired from the U.S. Military, who built it during the late 1950's. The plumbing is original and is in need of complete removal and replacement. Exterior lines to the units are broken and deteriorated and cannot handle the wastewater flow, thus causing continual back up into the units. In addition, the exhaust system is out of date and does not properly vent the units nor rid them of excess moisture. This unsanitary condition is a health concern for residents. It is suspected that some of the underground pipes are broken and leaching directly into the ground. Because these pipes are under the slab construction and surrounding landscape, restoration of the construction areas is included in the project. The final phase of this project is to remove the trees that are sitting above these pipes. This will consist of stump grinding and disposal of approximately 65 fifty-foot trees. This project is has an estimated completion date of March 2001. Local Strategy and Rationale # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. This project is located near Federal Way and City residents represent approximately twenty percent of the facility's clients. Funding will ensure that transitional and emergency housing units remain operational. Project Revenue Sources Federal Way CDBG $35,000 King County $150,000 State $150,000 Other CDBG $45,000 Private $257,500 TOTAL COST $637,500 1999 Funds Received Federal Way Share $83,400* 5.5% *The 1999 award was for a different KCHA property. Human Services Commission Proposed Capital Projects Page 7 of 17 South King County Multi-Service Center (SKCMSC) Driveway Enhancement Request: $10,000 NS Commission Recommendation: $6,677 Project Description Funding this proposal will allow the agency to widen the opening of the driveway entrance at the South 336th Street intersection. The current width of the driveway is 25 feet. The City Code allows openings up to 35 feet. This improvement would allow cars to enter and exit at the same time, without stopping the flow of traffic on 336th. This road is one of the main traffic arterials in Federal Way and is highly traveled, especially ~during rush hour traffic. Often a vehicle must stop in traffic and wait for a vehicle to exit the lot before being able to enter. Staff members and customers have been involved in accidents while trying to make a mm into the driveway. This project is scheduled to be complete by October 2000. Local Strategy and Rationale #3: Address human service needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. This project will benefit a large number of Federal Way residents who access the services provided at the site. The partial funding recommendation is due to limited funds available. Project Revenue Sources Federal Way CDBG TOTAL COST $10,000 1999 Funds Received $20,000* $10,000 Federal Way Share 100% *The 1999 award was for a different SKCMSC property. Human Services Commission Proposed Capital Projects Page 8 of 17 South King County Multi-Service Center (SKCMSC) Westway Townhouses Rehab Request: $29,000 HS Commission Recommendation: $29,000 Project Description The funding request will be used to undertake projects inside three transitional housing units, which, due to age, wear and tear, are necessary and appropriate for proper upkeep. The vinyl and baseboard areas in the kitchen, upstairs and downstairs bathrooms, and a small area by the front door need to be replaced. Another item needing replacement is the carpets throughout, both upstairs and downstairs. Due to leaks in two of the units (which have since been addressed), replacing either the carpet or vinyl may require some floor repair work if dry rot is present. Other items that would be part of the rehab include the replacement of the bathroom sinks/faucets and cabinetry. Finally, the kitchen cabinetry needs painting as they get much wear and tear due to the children living there. The agency has secured preliminary bids to substantiate the estimated costs. If funds are granted the agency will obtain three official bids for the work before selecting the contractor. Program fees charged clients are not adequate to maintain the units for items targeted by this request. The agency keeps fees low in order to help families meet their goals, repair bad credit, and save for more permanent housing. Therefore, from time to time, it is necessary to seek additional capital funding for more major maintenance and repair. The estimated completion date for this project is August 2000. Local Strategy and Rationale #1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. This project is located in Federal Way and predominantly serves Federal Way residents. The rehabilitation project is necessary to maintain the livability of units. Project Revenue Sources Federal Way CDBG TOTAL COST $29,000 $29,000 1999 Funds Received Federal Way Share $20,000* 100% *The 1999 award was for a different SKCMSC property. Human Services Commission Transitional Resources CFR) Housing for the Mentally Ill Request: $5,000 Proposed Capital Projects Page 9 of 17 HS Commission Recommendation: $0 Project Description Transitional Resources will demolish an existing triplex and in its place construct the Avalon Way Mutual Housing project, a new 3-story mixed-use building. The project which will: create additional space for TR's on-site programs; result in the permanent acquisition of the main Growing Solutions garden plot, securing its future within agency control and permitting expansion; and provide 15 studio units for individuals with severe mental illness on the second and third floors. The new 2500 square foot facility will represent a net gain in square footage for TR's programs. Programs to be located in the new facility include: Puget Sound Networks- providing case management services to mentally ill adults living in the community; Puget Sound Employment- providing in-depth vocational rehabilitation and training; Growing Solutions- a vocational project of Puget Sound Employment, Growing Solutions employs clients in TR's certified organic farm. Most of the Growing Solutions organic farm is on the proposed site. The estimated completion date for this project is March 2001. Local Strategy and Rationale # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. This project is located in Seattle and would serve a low percentage, of Federal Way residents. Priority for funding is given to projects which directly serve City and South King County residents. Project Revenue Sources Federal Way CDBG King County TR Equity Seattle CDBG SKC Cities CDBG TOTAL COST $5,000 $90,000 $30,000 $250,000 $35,000 $410,000 1999 Funds Received none Federal Way Share 1.2% PROPOSED CAPITAL PROJECTS - ECONOMIC DEVELOPMENT City of Federal Way - Public Works (CFW-PW) SR 99 and S 330th Street Intersection Improvements Request: $88,000 HS Commission Recommendation: $0 Project DeScription The project includes the installation of a traffic signal providing pedestrian crossings that include a pedestrian walkway and raised refuge islands at the intersection's mid-point. There are currently no safe pedestrian crossings near this intersection. Vehicular access between SR 99 and 330th Street will also be significantly improved by the signal. Left-turn access from/to driveways within 200' from the intersection will be restricted by the installation of a Type C-curb on SR 99. Access to the impacted driveways will be maintained by providing protected/permissive left-tums and U-tums on both northbound and southbound SR 99. The new intersection will be connected to the City's existing sidewalk system through construction of a 360 foot length of sidewalk on 330th Street east from Pacific Highway. The projected completion date for this project is June 2000. Local Strategy and Rationale //2: Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Approximately 15 percent of the annual CDBG allocation will be targeted toward projects categorized under this strategy. Grants recently secured from other sources have reduced this project's dependency upon CDBG for implementation. Additionally, the two other projects in this sub-category may have a greater economic development impact for the city. Project Revenue Sources Federal Way CDBG Federal State TOTAL COST $88,000 $220,000 $100,000 $408,000 1999 Funds Received none Federal Way Share 21.6% Htunan Services Commission Proposed Capital Projects - Economic Development Page 11 of 17 Federal Way Chamber of Commerce (FWCgt'C) International District Phase II Request: $74,526 HS Commission Recommendation: $74526 Project Description This project focuses on a ,52 parcel of land in the center of the International District (located between South 312th and 316th Streets, east of Pacific Highway South). The parcel will be developed into an International Pocket park/Plaza. The theme is a compass, with the Phase I pedestrian paths leading from the compass points. There will be landscaping, a minor water feature, benches and trash receptacles. The center of the compass will incorporate a globe representing ethnic diversity. The International Pocket Park addresses the City's overall goat of developing pedestrian- friendly public facilities in the Downtown Area. Specifically, the park acts as a mid-point feature and respite area buckling together pedestrian access routes emanating from Steel Lake Park and Celebration Park. New safe pedestrian-friendly public facilities in the downtown area directly benefit those residents living close enough to walk to the retail and recreation services offered downtown. The second phase of this project is scheduled for completion in September of 2000. Local Strategy and Rationale #2: Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Approximately 15 percent of the annual CDBG allocation will be targeted toward projects categorized under this strategy. This project is an appropriate second phase to the pedestrian paths that will be constructed with a 1999 CDBG award. The project will benefit the tow- and moderate-income residents of the area who walk area retail establishments. However, all phases of this project depend upon participation and financial or in-kind contribution from area property owners. That commitment has not been shown to date. Also, the development and long term maintenance of the pocket park have yet to be defined. Project Revenue Sources Federal Way CDBG Property donation TOTAL COST $74,526 1999 Funds Received $99,283 $150,000 Federal Way Share 33.2% $224,526 Human Services Commission Proposed Capital Projects - Economic Development Page 12 of 17 Washington State Youth Soccer Association (WSYSA) Administrative Center Site Acquisition Request: $75,000 HS Commission Recommendation: $75,000 Project Description WSYSA proposes to purchase the property and convert its use to meet WSYSA's need for administrative offices and a state training center. The applicant currently leases temporary office space in Federal Way. The training center will be used to instruct volunteer coaches, referees, and administrators in the skills needed to teach our youths the skills necessary to play the game of soccer and to instruct volunteers how to conduct games so that the children's safety and health are protected. The site is located adjacent to Celebration Park and the facility could be used for supplemental activities of the City's Parks Department. The proposed usage, as described, would remove the attractiveness of the property for illegal dumping and as a haven for transients in the area. WSYSA will review, as part of its long range plans, the future use of the acreage on the property to build an indoor facility or a covered area for soccer games to augment the skills training of players, coaches, and referees. Property acquisition is scheduled for February 2000. Full development of the four-acre site will be phased over five years. Local Strategy and Rationale #2: Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Approximately 15 percent of the annual CDBG allocation will be targeted toward projects categorized under this strategy. Of the three projects in this sub-category, this project has the greatest potential economic development impact due to statewide training and events held at the site. This project removes blight and will increase public safety near Celebration Park. Project Revenue Sources Federal Way CDBG Existing funds Bank loan & Equity TOTAL COST $75,000 $125,000 $876,000 $1,076,000 1999 Funds Received none Federal Way Share 7.0% City of Federal Way - Legal Services (CFW - LS) Domestic Violence Unit Request: $56,380 HS Commission Recommendation: $21,648 Project Description The Federal ~Way Domestic Violence Unit (DV Unit) provides Domestic Violence Victim Advocacy for residents of Federal Way who are victims of domestic abuse. Domestic Violence Advocates promote victim safety, abuser accountability, and community awareness through education, prevention, intervention and treatment. The Advocate Program serves as a victim's guide through the legal system. The DV Unit's goals are to aid in .safety planning for victims, as well as to refer them to other agencies that are able to meet their specific needs, i.e. shelters and financial aid. Advocates also collect information that is useful and relevant to the case thereby assisting in the prosecution of the defendant batterers. The program also provides follow-up services to assure that the batterers are following court assigned treatment programs. Local Strategy and Rationale //3: Address human service needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. The DV Unit processes approximately 55 cases every month at an average service rate of $18 per hour. The partial funding recommendation covers one part-time staff position and purchase of a digital camera. Funding is maintained at the 1999 level. Project Revenue Sources Federal Way CDBG Federal Way General Fund TOTAL COST $56,380 1999 Funds Received $21,648 $104,247 Federal Way Share 35.1% $160,627 Human Services Commission Proposed Public Service Programs Page 14 of 17 Community Health Centers of King County (CHCKC) Dental Access Request: $12,600 HS Commission Recommendation: $10,000 Project Description Federal Way Dental Access provides operative, preventative, restorative and emergency dental care to low- and moderate-income Federal Way residents. Currently there are only four dental clinics in South King County that have a sliding fee scale (fee scale is 10 percent-100 percent charge based on income) to uninsured patients. Of these, only the three CHCKC dental centers (in Federal Way, Auburn, and Kent) provide services to uninsured adults. Dental care for uninsured adults is a critical service gap in Federal Way, as the need for care is far greater than the supply of available dental appointments. The organization's highest priority is to make dental care available to families as part of their comprehensive primary care at our health centers. Priority is also given to adults with dental emergencies. These clients are seen within one to two working days. Local Strategy and Rationale #3: Address human service needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. This project addresses the critical need for dental care services available to low- and moderate-income households. Funding is maintained near the 1999 level of $12,600. The applicant's minimum funding request is recommended. Project Revenue Sources Federal Way CDBG Federal Way General Fund King County Federal State Fees for Service City of SeaTac United Way Additional grants TOTAL COST $12,600 $15,000 $29,437 $34,686 $23,189 $264,894 $3,433 $6,477 $34,563 $424,279 1999 Funds Received Federal Way Share $12,600 3.0% · Human Services Commission Federal Way Head Start Parent and Child Series Request: $10,920 Proposed Public Service, Programs Page 15 of 17 HS Commission Recommendation: $7~832 Project Description Federal Way Head Start would like to offer the "Parent and Children Series," a comprehensive parenting series for at-risk families with preschool age children. In partnership with Federal Way Early Childhood Education Assistance Program (ECEAP) and the Federal Way Public Schools Special Education pre-sehool~ the program could offer parent education and case management to 500 low-income families and 300 parents of pre-schoolers with disabilities. Staff will facilitate two 12 week parenting services (one during first quarter 2000 and one during third quarter 2000) and monthly "booster" meetings. The~case-manager will make periodic follow-up calls to participants and distribute newsletters including tips and reminders. The Federal Way Head Start program is located at Mirror Lake Elementary School. Local Strategy and Rationale #3: Address human service needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. This proposal was well rated by the Commission and will serve a high percentage of Federal Way families. The partial funding level recognizes the Commission's priority of continued level funding for programs that received prior year CDBG awards. Project Revenue Sources Federal Way CDBG $10,920 1999 Funds Received none TOTAL COST $10,920 Federal Way Share 100% In-Kind $6,400* *Includes childcare, interpreters, and room use, Human Services Commission Proposed Public Service Programs Page 16 of 17 South King County Multi-Service Center (SKCMSC) CARES Child Care Subsidy Program Request: $53,000 HS Commission Recommendation: $50,280 Project Description The CARES Program provides childcare subsidies for low- and moderate-income families in Federal Way. The program provides necessary childcare for school-aged children while their parents are at work. These programs include before and after school care as well as summer childcare services. Administration of the program recently changed. From 1992 to 1998, the City of Federal Way Parks, Recreation and Cultural Services Department administered the program. As of January 1, 1999, the South King County Multi-Service Center assumed administration of the program, with the YMCA providing service delivery supervision. The agencies providing childcare for the CARES program include the YMCA, Medallion Children's Services, and Rainbow Connection. The program has sites in 11 Federal Way schools. Local Strategy and Rationale #3: Address human service needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Affordable childcare is a critical need in the community. Although 39 percent of King County's children live in South County, this area has only 34 percent of the licensed child care slots. Childcare expenses typically claim over 25 percent of a low-income family's monthly income. Funding is maintained near 1999 funding level due to limited funds available. Project Revenue Sources Federal Way CDBG Donations TOTAL COST $53,000 1999 Funds Received $49,290 $6,000 Federal Way Share 89.8% $59,000 PROPOSED PLANNING AND ADMqNISTRATION ACTIVITIES City of Federal Way Planning and Administration Request: $71,918 HS Commission Recommendation: $71,918 Project Description : Administrative costs include the CDBG coordinator salary and a portion of the salary for the Human Services Administrative Assistant (CDBG funds will allow the position to be expanded from 20 to 28 hours per week). The budget also includes CDBG program operating costs such as legal advertising, travel and training, and office supplies. The staff positions enable the Human Services Division to administer the annual CDBG allocation process; provide technical assistance to CDBG applicants; monitor the progress of CDBG recipients; and perform special research and planning activities. A small amount of the budgetis reserved for planning costs that will be used to fund a consultant or intern to assist in the preparation of special research and planning activities. Activities may include developing a human services and housing guide for citizens, researching affordable housing strategies, or other special housing or human services projects identified by the Human Services Commission or City Council. Local Strategy and Rationale #3: ...Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. Funding for personnel costs allows for coordinatiOn of the annual allocation process, project monitoring, and proviSi'on of technical assistance to CDBG applicants and recipients. Funding also allows for planning activities within the city that address the housing and community development needs of low- and moderate-income city residents. Project Revenue Sources Federal Way CDBG TOTAL COST $71,918 1999 Funds Received $73,133 $71,918 Federal Way Share 100% COMMUNITY DEVELOPMENT BLOCK GRANT INTRODUCTION The federal Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program provides an annual grant to entitled cities and counties. The purpose of this grant is to help develop viable urban communities by providing decent housing and a suitable living enviromnent, and by expanding economic opportunities, principally for low- and moderate-income persons. The City of Federal Way receives its CDBG allocation through the King County CDBG Consortium. The allocation is based upon the City's population and percentage share of low- and moderate income individuals. The City implements programs by contracting for services with its own departments or through area non-profit agencies. NATIONAL OBJECTIVES The Community Development Block Grant can be used to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and public services. The City funds CDBG programs by means of an annual application process. Each project or program proposal is measured against locally established goals and three nationally established objectives. The national objectives support activities that: Benefit low- and moderate-income persons; Aid in the prevention or elimination of slums or blight; or Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs (i.e. disaster recovery relief). In general, the City of Federal Way does not exhibit the characteristics necessary for a project to be justified under the second or third objectives. Therefore, the vast majority of the City's CDBG projects are justified under the first objective of low- and moderate-income benefit. Source: Code of Federal Regulations Title 24, Part 570 (24 CFR 570) The criteria for how an activity may be considered to benefit low- and moderate-income persons are divided into four subcategories: · Those involving area benefit, · Those serving a limited clientele (i.e. the disabled or elderly), · 'Tho~involving'housing, and · Those involving job creation or retention. ELIGIBLE ACTIvm ES Once a project meets a national objective, it must also qualify as an eligible activity under local and federal requirements. CDBG funds may be USed for activities that include, but are not limited to: · Acquisition, disposition, or clearance of real property; · Rehabilitation of residential and non-residential structures; · Construction of public facilities and improvements, such as water and sewer facilities, streets, and neighborhood centers; · Direct human services; · Homeownership assistance programs; · Activities relating to energy conservation and renewable energy resources, and · Assistance to for-profit businesses to carry out neighborhood economic development or job creation or retention activities. IMPLEMENTION OF AcnvmEs The City, as a CDBG recipient, can undertake activities directly, or can identify a sub-recipient to undertake activities. Sub-recipients are public or private non-profit agencies, authorities, or organizations. CDBG assistance to private for-profit businesses is allowed With the addition of an extra level of regulatory scrutiny and performance reporting. Exceptions to this rule include aid given to microenterprises (businesses employing less than five persons) and exterior rehabilitation of commercial buildings. EXAMPLES Source: Since Federal Way incorporated, a wide variety of programs and projects have benefited from complete or partial CDBG funding. · Reconstruction of sidewalks for wheelchair accessibility · Transitional shelter for homeless women and children · Signalized pedestrian crossing in a lower income neighborhood · Child care subsidy program · First time homeownership program · Domestic Violence Advocacy program · Public improvements in the International District Home repair loan and grant program Code of Federal Regulations Title 24, Part 570 (24 CFR 570) emro~ HOUSING AND COMMUNITY DEVELOPMENT FOUR-YEAR STRATEGIES, 2000-2003 The Housing and Community Development Four-Year Strategies evolved from the 1993 Community Development Block Grant (CDBG) Local Program Policies. The strategies were developed in 1994 and updated in 1995. At that time they were given a four-year term, from 1996 to 1999. They were revisited in 1998 and again in 1999. In May 1999, the strategies were renewed for another four year term, 2000 to 2003. These strategies provide guidelines for the allocation of CDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth Management Act and the Human Services Comprehensive Plan. GOAL STATEMENT Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challenge of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use CDBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and by expanding economic opportunities for low- and moderate-income persons. OBJECTIVES To fund projects which address local needs and strategies To ensure that the basic human service needs of low- and moderate-income persons are addressed To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations To preserve the existing housing stock To stimulate economic development and strengthen the City's infrastructure Four-Year Strategies Page 2 of 5 NEEDS The City of Federal Way has identified housing and non-housingcommunity development needs through public involvement activities, studies, needs assessments, and planning processes. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health and safety problems. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stock. 3. Accessibility - Modifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. Infrastructure Improvement - Neighborhood revitalization projects such as Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. Public Services - Projects which meet the following City Council human services goals: P support basic human needs through funding of emergency services; ); support a strong service delivery system that increases public safety;, )~ provides support that supplements federal, state, and county programs designed to increase self-sufficiency and independence; and ~ support service models that improve community-based collaboration and build strong neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. i:\bggenral\bgstrats.doc Four-Year Strategies Page 3 of 5 STRATEGIES The City of Federal Way adopts the following three strategies to guide funding decisions for the annual Community Development Block Grant allocation. Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the community's decision to incorporate. The City will maintain a Housing Rehabilitation Loan and Grant Program to maintain health and safety standards in the homes of low- and moderate- income households and persons with disabilities. Activity 2 According to established service providers, suburban homelessness is increasing. There is a limited supply of transitional and emergency shelter facilities in South King County to meet this overwhelming need. The City will continue to support local and regional shelter and transitional housing service providers. The City will encourage and support more homelessness prevention services, including youth shelter services. Activity 3 The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families. The City will: Consider participating in a South King County regional entity to address housing needs. Assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. · Look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. · Consider funding homeownership programs such as down payment assistance, sweat equity, homebuyer education, community land trust or those that reduce development costs or reduce mortgages. iSbggenral\bgstrats.doc Four-Year Strategies Page 4 of $ Strategy #2 Prioritize and fund projects that strengthen the citY's infrastructure and stimulate economic development. Fifteen percent (15%) of the annual CDBG allocation will be targeted toward projects categorized under this strategy. Activity_ 1 The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. Activity 2 The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well-being of youth, elderly, and disabled persons. Activity 3 The City will consider funding projects which encourage community development activities such as job creation, downtown and neighborhood revitalization, and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. Activity 4 The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Strategy tt3 Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. i:\bggenrai\bgstrats.doc Four-Year Strategies Page 5 of 5 Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. Activity 3 The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a continuum of care for people. Activity 4 Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available, special planning projects will be considered. i:\bggenral\bgstrats.doc CiTY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Formation of the Hylebos Watershed Forum CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated July 1, 1999 to the July 7th meeting of the Land Use and ........................................................ ............................................................................................................................................ SUMMARY/BACKGROUND: The Puyallup River Watershed Council ("Council") recently approved the formation of a subcommittee to be called the Hylebos Watershed Basin Affiliate ("Affiliate '9 in essence creating "bite size" chunks of the larger Council to facilitate the development of timely and meaningful restoration and protection actions. The Affiliate is to be comprised of any interested stakeholders wishing to participate. Its mission will be to restore and protect the health of the Hylebos watershed in a coordinated and cooperative manner. It is likely that the Affiliate could be a conduit through which proposed projects flow to the State Salmon Board for funding consideration. As the portion of the Hylebos Watershed within the City limits is in excess of fifty (50) percent of the entire watershed, staff would participate in both the Council and Affiliate groups, and now seeks Council's formal approval to participate in both groups. CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 7th meeting, the Land Use and Transportation Committee forwarded the staff recommendation for formal authorization to participate to the full Council for consideration. CITY MANAGER RECOMMENDATION:. (:}t'~ ....... . .~¥ ..... APPROYEI) FOR INCLUSION 1N COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\1999\hylebos.frm COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ,~'q)ATE: TO: FROM: RE: CITY OF FEDERAL WAY MEMORANDUM July 1, 1999 Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, Surface Water Manager,,.~[Ii Hylebos Watershed Forum Fortnation Background: In 1995 the Puyallup River Watershed Council (Council) was formed under the authorities of the Federal Clean Water Act, and the State of Washington Puget Sound Water Quality Protection Act. The Council is recognized by the Pierce County Council through resolution and has been given a lead role in current Pierce County salmon recovery efforts by the Pierce County Executive. The Council serves the entire Puyallup River watershed which is also know as Water Resource Inventory Area 10 (WRIA 10). WRIA 10 stretches from the top of Mount Rainier to the sound and includes the Joe's Creek, Lakota Creek, and Hylebos Creek drainages within the City of Federal Way. The Council has been a forum for those concerned about the sustainability and environmental health of the watershed and plays a major role in bringing stakeholders together across the many jurisdictional boundaries. The mission of the Council is to provide a forum which gives those in the watershed the opportunity to promote and implement programs which restore, maintain, and enhance the watershed while protecting its economic, ~--.environmental, and cultural health. Recently, the Council approved the formation of a subcommittee of itself ~hich is to be called the Hylebos Watershed Basin Affiliate (Affiliate). The formation of an affiliate group is an attempt to break the much larger watershed into "bite size" chunks through which timely and meaningful restoration and protection actions can be developed. The Hylebos Affiliate is a natural subdivision of the watershed as Hylebos Creek is entirely distinct from the Puyallup and White River system, i.e., Hylebos Creek empties into the Hylebos Waterway in the Tacoma Tideflats. The Affiliate is to be comprised of any interested stakeholders who wish to participate. Its mission will be much the same as the mission of the Cquncil - to restore and protect the health of the Hylebos watershed in a coordinated and cooperative manner. It is likely that the Affiliate will also be a conduit through which proposed projects flow to the State Salmon Board for funding consideration. As the portion of the Hylebos Watershed within corporate City limits is in excess of 50 percent of the entire watershed, City staff participates in both the Council and Affiliate groups. Staff is seeking the Committee's formal approval of its participation in these groups. Recommendation: Staff recommends that the committee formally authorize its participation in the Puyallup River Watershed Council and in the Hylebos Watershed Basin Affiliate subcommittee. f"~" :~LUTC~hylcbos.frm CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: King County's Proposed Lead on Salmon Recovery Funding CATEGORY: BUDGET IMPACT: _X_CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated 7/1/99 submitted to the July 7th meeting of the Land Use and Transportation Committee; Second Engrossed Second Substitute Senate Bill 5595; King County Executive Ron Sims' Letter of 6/2/99 Requesting Support for the County's Lead Entity Status SUMMARY/BACKGROUND: Please find attached a copy of the Second Engrossed Second Substitute Senate Bill 5595 - "Salmon Recovery Funding ~. Passed during special session in June of this year, this bill appropriates $119 million dollars from the state's capital budget for expenditure on salmon recovery efforts. It establishes a salmon recovery funding board to approve these expenditures. The bill adds onto the Salmon Recovery law (HB2496) from last year. According to the bill, local groups (lead entities) identify, scrutinize, and nominate projects to the state salmon board. Lead entities represent the interests of Water Resource Inventory Areas (WRIA's). WRIA's are generally associated with large river systems, e.g., WRIA9 is the Cedar/Green drainage and WRIA10 is the Puyallup/White drainage. Because these WRIA's are so large they necessarily include multiple jurisdictions such as counties, cities, flood control districts, etc. To encourage a comprehensive, coordinated, and cooperative approach to salmon recovery efforts the bill seems to suggest that the funds that it earmarks can only be accessed through the lead entity for the appropriate WRIA. To date we have not been able to confirm this reading of the bill, in other words, it may be the case that individual jurisdictions have the same access afforded the lead entity for the WRIA King County has recently dispatched a letter (attached) to the many jurisdictions within the WRIA's for which they propose to be the lead entity. The letter requests that each jurisdiction submit a letter (sample attached) to the county · ..w....h.!..c..h....f.~...r~n..a.!.lY....s..a..n..c..t.!.9...n..s...~..e..c..o...u...n.~.~.s.l..e.a. d en..t!.t.y..~r..~..!.e.~!.~.t..h.~.e.~.r.e..s~...e..c.~t.!..v..e.~..W..~.R.I...A..~.s.:~.F.~.e ..d.~e..r.~.~.~...W...ay~[~!~.~9~!~[~ and is seeking the Council's guidance on an appropriate response to the County's request. Note that the purported lead entity for WRIA10, Pierce County, did not solicit the City's support for lead entity status - they simply sent notice of a call for projects acting as the lead entity. Recommendation: Staff recommends that the committee direct the preparation of a formal response to King County's request which reflects its position on the issue of lead entity status. CITY COUNCIL COMMITTEE RECOMMENDATION: At the July 7th meeting of the Land Use and Transportation Committee, staff requested direction on the preparation of a formal response to King County. The Committee forwarded this issue with a recommendation to approve of King County as the lead entity in WRIA9. The approval letter should include as a condition, the equitable distribution of salmon recovery funds, to the WRIA. .............................................................................................................................................. 7; ........... : ....................................... ..... ,V~ ........................................................ CITY MANAGER RECOMMENDATION: ............................................................................................................................................................. INCLUSION /'fi~' ........ ~.~.0...-~,,~ ................................................ APPROVED FOR IN COUNCIL PACKET: (~, (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\sb5595.agd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: TO: FROM: RE: CITY OF FEDERAL WAY MEMORANDUM July 1, 1999 Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, Surface Water Manager% King County's Proposed lead on Salmon Recovery Funding in WRIA9 Background: Please fred attached a copy of the Second Engrossed Second Substitute Senate Bill 5595 - "Salmon Recovery Funding'. Passed during special session in June of this year, this bill appropriates $119 million dollars from the state's capital budget for expenditure on salmon recovery efforts. It establishes a salmon recovery funding board to approve these expenditures. The bill adds onto the Salmon Recovery law (HB2496) from last year. According to the bill, local groups (lead entities) identify, scrutinize, and nominate projects to the state salmon board. Lead entities represent the interests of Water Resource Inventory Areas (WRIA's). WRIA's are generally associated with large river systems, e.g., WRIA9 is the Cedar/Green drainage and WRIA10 is the Puyallup/White drainage. Because these WRIA's are s~ large they necessarily include multiple jurisdictions such as counties, cities, flood control districts, etc. To encourage a comprehensive, coordinated, and cooperative approach to salmon recovery efforts the bill seems to suggest that the funds that it earmarks can only be accessed through the lead entity for the appropriate WRIA. To date we have not been able to confirm this reading of the bill, in other words, it may be the case that individual jurisdictions have the same access afforded the lead entity for the WRIA. King County has recently dispatched a letter (attached) to the many jurisdictions within the WRIA's for which they propose to be the lead entity. The letter requests that each jurisdiction submit a letter (sample attached) to the county which formally sanctions the county's lead entity role in the respective WRIA's. The City of Federal Way has received such a letter and is seeking the committee's guidance on an appropriate response to the county's request. Note that the purported lead entity for WRIA10, Pierce County, did not solicit the city's support for lead entity status - they simply sent notice of a call for projects acting as the lead entity. Recommendation: Staff recommends that the committee direct the preparation of a formal response to King County's request which reflects its position on the issue of lead entity status. K:\LUTC\sb5595.1ut ;. - ~ ' hllp:/IWWW. IcS.wli.8ovlplll:)/I)t Iltnto/I YYY-Ui)I Sl:ilalQ/1) ~ I,)-,).)y~l.)~-w._si_~o !.~ CERTIFICATION OF ENROLLMENT SECOND-ENGROSSED SECOND SUBSTITUTE SENATE BILL 5595 Chapter 13, Laws of 1999 (partial veto) 56th Legislature 1999 First Special Session SALMON RECOVERY FUNDING EFFECTIVE DATE: Passed by the Senate May 19, 1999 YEAS 38 NAYS 9 7/1/99 President of the Senate R. LORRAINE WOJAHN Passed by the House May 18, 1999 YEAS 91 NAYS 5 CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL 5595 as passed by the Sen~.te and the House of Representatives on the dates hereon set forth. Speaker of the House of Representatives CLYDE BALLARD TONY M. COOK Secretary FRANK CHOPP Speaker of the House of Representatives Approved June 11, 1999, with the exception of sections 2, 7, 19, 20, 22(3), 22(4), and 22(5), which are vetoed. FILED GARY LOCKE Governor of the State of Washington State of Washington June 11, 1999 - 9:51 a.m. Secretary of State SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL 5595 AS AMENDED BY THE HOUSE Passed Legislature - 1999 First Special Session State of Washington 56th Legislature 1999 Regular Session I of 17 6/18/99 11:08 AM By Senate Committee on Ways & Means ~(orig~nall~ sponsored by Senators Jacobsen and Fraser) '~4~"~¥i Read first time 03/05/99. AN ACT Relating to salmon recovery funding; amending RCW 75.46.005, 75.46.010, 75.46.040, 75.46.050, 75.46.060, 75.46.070, 75.46.100, 75.46.080, and 76.12.110; amending 1999 c 309 s 114 (uncodified); amending 1999 c 309 s 129 (uncodified); amending 1999 c 309 s 304 (uncodified); adding new sections to chapter 75.46 ROW; adding a new section to Title 79A RCW; creating a new section; repealing RCW 75.46.130; making appropriations; providing an effective date; providing an expiration date; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW 75.46.005 and 1998 c 246 s i are each amended to read as follows: The legislature finds that repeated attenders to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, co~unercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmo~ stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face. The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government{+ , and that the state may best accomplish this objective by integrating local and regional recovery activities into a state-wide plan that can make the most effective use of provisions of federal laws allowing for a state lead in salmon recovery. The legislature also finds that a state-wide salmon recovery plan must be developed and implemented through an active public involvement process in order to ensure public participation in, and support for, salmon recovery +}. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to con=nunities for habitat projects that will assist in the recovery and enhancement of salmon stocks. The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful. {+ The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is im~ortant to monitor salmon habitat projects and salmon recovery activities to determine their effectiveness in order to secure federal acceptance of the state*s approach to salmon recovery. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring process should be developed. +} The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately.. To that end, the salmon recovery office should be created within the governor*s office to provide overall coordination of the state's response; an independent science (({- team -}}) {+ panel +} is needed to provide scientific review and oversight; {+ a coordinated state funding process :2 oF 17 6/18/99 11:08 Alii should be established through a salmon recovery funding board; +} the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat (({- restoration -})) projects to be funded by state agencies; habitat (({- restoration -})) projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively. *Sec. 2. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows: The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately. (2) {+ "Board" means the salmon recovery funding board created in section 3 of this act. (3) +} "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects. (({- (3) -])) {+ (4) +} "Habitat project list" is the list of {+ habitat +} projects resulting from the critical pathways methodology under RCW 75.46.070(2) {+ that shall receive consideration for funding by the salmon recovery funding board +}. Each project on the list must have a written agreement from the landowner on whose land the project will be implemented{+ , and must be based on the limiting factors analysis conducted in RCW 75.46.070 when completed +}. {+ (5) "Habitat p +}rojects{+" or "projects" +} include {+ but are not limited to +} habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project {+ corrective +} maintenance and monitoring activities. {+ Projects that include the use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding. +} (({- (4) -})) {+ (6) +} "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects. (({- (5) -})) {+ (7) +} "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. (({- These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands. (6) -})) {+ (8) "Listed stocks" means salmon and trout stocks that are listed or proposed for listing as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. +} {+ (9) +} "Project sponsor" is a county, city, special district, tribal government, {+ state agency, +} a combination of such governments through interlocal {+ or interagency +} agreement(({- s provided under chapter 39.34 RCW -})), a nonprofit organization, or one or more private citizens. (({- (7) -})) {+ (10) +} "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production (+ except for Atlantic salmon. (11) "Salmon recovery activities" or "activities" includes but is not limited to habitat protection or restoration activities by local governments, tribes, other public entities, and private entities. The activities must have as a principal purpose the protection and restoration of salmonid populations. "Activities" may include: Preparation of stream corridor guidelines, programmatic permitting, and preparation of geographic information system protocols. "Activities" do not include updates related to the growth management act. 3 of 17 6/18/99 11:08 AM (12) +} "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting~~uding, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline. (({- (9) -})) (+ (13) "Interag~:~!~6r "team" means the interagency review team created in RCW 75.46.080. (14) +} "Tribe" or "tribes" means federally recognized Indian tribes. (({- (10) -}}) {+ (15) +} "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997. (({- (11) -})) {+ (16) +} "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property. {+ (17) "SASSI" means the salmon and steelhead stock inventory report and appendices. (18) "SSHIAP" means the salmon and steelhead habitat inventory and assessment project. (19) "Technical review team" means the salmon recovery technical review team created in section 7 of this act. +} *Sec. 2 was vetoed. See message at end of chapter. {+ NEW SECTION. +} Sec. 3. A new section is added to chapter 75.46 RCW to read as follows: (1) The salmon recovery funding board is created consisting of ten members. (2) Five members of the board shall be voting members who are appointed by the governor, subject to confirmation by the senate. One of the~e voting members shall be a cabinet-level appointment as the governor's representative to the board. Board members who represent the general public shall not have a financial or regulatory interest in salmon recovery. The governor shall appoint one of the general public members of the board as the chair. The voting members of the board shall be appointed for terms of four years, except that two members initially shall be appointed for terms of two years and three members shall initially be appointed for terms of three years. In making the appointments, the governor shall seek a board membership that collectively provide the expertise necessary to provide strong fiscal oversight of salmon recovery expenditures, and that provide extensive knowledge of local government processes and functions and an understanding of issues relevant to salmon recovery in Washington state. The governor shall appoint at least three of the voting members of the board no later than ninety days after the effective date of this section. Vacant positions on the board shall be filled in the same manner as the original appointments. The governor may remove members of the board for good cause. In addition to the five voting members of the board, the following five state officials shall serve as ex officio nonvoting members of the board: The director of the department of fish and wildlife, the executive director of the conservation commission, the secretary of transportation, the director of the department of ecology, and the commissioner of public ~ands. The state officials serving in an ex officio capacity may designate a representative of their respective agencies to serve on the board in their behalf. Such designations shall be made in writing and in such manner as is specified by the board. (3) Staff support to the board shall be provided by the interagency committee for outdoor recreation. For administrative purposes, the board shall be located with the interagency committee for outdoor recreation. (4) Members of the board who do not represent state agencies shall be compensated as provided by RCW 43.03.250. Members of the ~oard shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060. 4of17 6/18/99 11:08 AM {+ NEW SECTION. +} Sec. 4. A new section is added to chapter 75.46 RCW to read as follows: (1) The board is responsible for making grants and loans for salmon habitat projects and salmon recovery activities from the amounts appropriated to the board for this purpose. To accomplish this purpose the board may: (a) Provide assistance to grant applicants regarding the procedures and criteria for grant and loan awards; (b) Make and execute all manner of contracts and agreements with public and private parties as the board deems necessary, consistent with the purposes of this chapter; (c) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms that are not in conflict with this chapter; (d) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and (e) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter. (2) The interagency committee for outdoor recreation shall provide all necessary grants and loans administration assistance to the board, and shall distribute funds as provided by the board in section 5 of this act. {+ NEW SECTION. +} Sec. 5. A new section is added to chapter 75.46 RCW to read as follows: (1) The board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a state-wide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding. (2) (a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that: (i) Are based upon the limiting factors analysis identified under RCW 75.46.070; (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available; (iii) Will benefit listed species and other fish species; and (iv) Will preserve high quality salmonid habitat. (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that: (i) Are the most cost-effective; (ii) Have the greatest matched or in-kind funding; and (iii) Will be implemented by a sponsor with a successful record of project implementation. (3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding. (4) For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of.this chapter. The board shall maintain general oversight of the team's exercise of such authority. 5 of 17 6/18/99 11:08 AM (5) The board shall seek the g~id~.of the technical review team to ensure that scientific prinulple~'.~~tion are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the criticalpathways methodology under RCW 75.46.070, it shall provide substan~'~~to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list. (6) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 75.46.060, the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding. The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis. (7) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing. (+ NEW SECTION. +) Sec. 6. A new section is added to chapter 75.46 RCW to read as follows: (1) Habitat project lists shall be submitted to the salmon recovery funding board for funding by January 1st and July 1st of each year beginning in 2000. The board shall provide the legislature with a list of the proposed projects and a list of the projects funded by October 1st of each year beginning in 2000 for informational purposes. (2) The interagency committee for outdoor recreation shall track all funds allocated for salmon habitat projects and salmon recovery activities on behalf of the board, including both funds allocated by the board and funds allocated by o=her state or federal agencies for salmon recovery or water quality improvement. (3) Beginning in December 2000, the board shall provide a biennial report to the governor and the legislature on salmon recovery expenditures. This report shall be coordinated with the state of the salmon report required under RCW 75.46.030. *{+ NEW SECTION. +} Sec. 7. A new section is added to chapter 75.46 RCW to read as follows: (1) The salmon recovery technical review team is created. The technical review team is composed of no less than five members selected by the director of fish and wildlife. The director shall ensure that lead scientists representing state, tribal, federal, and local government interests are represented on the technical review team, and shall include members representing the private sector. Members of the technical review team shall have an educational and professional scientific background in salmonids, salmonid habitat, or related fields. The members of the technical review team shall not serve any fixed term. The numbers of members of the technical review team may be increased or decreased depending on the need for scientific expertise, but the technical review team must always consist of at least five members. Administrative support for the technical review team is provided by the department of fish and wildlife. Assignments and direction to the technical review team shall be made by the chair of the technical review team. The chair of the technical review, team shall be designated by the members of the team. (2) The technical review tea~ is responsible for receiving habitat 6 of 17 6/18/99 11:08 AM project lists submitted by lead entities under RCW 75.46.060, for screening and ranking projects on such lists, for providing its ranking of projects, within categories on a statewide basis, to the board, and determining whether the critical pathways methodology under RCW 75.46.070 has been complied with in the development and ranking of projects on the habitat project list. The technical review team shall review and rank the projects submitted from across the state for funding, organize pertinent information, and provide the board with its findings. The technical review team shall make an active effort to communicate the criteria for reviewing and ranking projects with the lead entities. The technical review team shall make information available to lead entities regarding deficiencies in projects that result in their low ranking in the review process. The technical review team may not remove a project from a habitat project list. (3) The technical review team is also responsible for working in conjunction with the independent science panel to develop standardized monitoring indicators and data quality guidelines for habitat projects and salmon recovery activities across the state, and for recommending criteria for the systematic and periodic evaluation of monitoring data to help ensure the effectiveness of the state's salmon recovery efforts. *Sec. 7 was vetoed. See message at end of chapter. Sec. 8. RCW 75.46.040 and 1998 c 246 s 5 are each amended to read as follows: (1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development of salmon recovery plans for evolutionarily significant units, and submit those plans to the appropriate tribal governments and federal agencies (({- in response to the federal endangered species act -})) {+ as an integral part of a state-wide strategy developed consistent with the guiding principles and procedures under section 9 of this act +}. The governor's salmon recovery office may also: (a) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's endangered species act salmon recovery plans; and (b) Provide the biennial state of the salmon report to the legislature pursuant to RCW 75.46.030. (2) This section expires June 30, 2006. {+ NEW SECTION. +} Sec. 9. A new section is added to chapter 75.46 RCW to read as follows: (1) By September 1, 1999, the governor, with the assistance of the salmon recovery office, shall submit a state-wide salmon recovery strategy to the appropriate federal agencies administering the federal endangered species act. (2) The governor and the salmon recovery office shall be guided by the following considerations in developing the strategy: (a) The strategy should identify state-wide initiatives and responsibilities with regional and local watershed initiatives as the principal mechanism for implementing the strategy; (b) The strategy should emphasize collaborative, incentive-based approaches; (c) The strategy should address all factors limiting the recovery of Washington's listed salmon stocks, including habitat and water quality degradation, harvest and hatchery management, inadequate streamflows, and other barriers to fish passage. Where other limiting factors are beyond the state's jurisdictional authorities to respond to, such as some natural predators and high seas fishing, the.strategy shall include the state's requests for federal action to effectively address these factors; 7 of 17 6/18/99 11:08 AM (d) The strategy should identify immediate actions necessary to prevent extinction of a listed salmOn 'stOck, establish performance measures to determine if restoration efforts are working, recom~nend effective monitoring and data management,~and.recom~end to the legislature clear and certain measu~~plemented if performance goals are not met; (e) The strategy shall rely on the best scientific information available and provide for incorporation of new info~mation as it is obtained~ (f} The strategy should seek a fair allocation of the burdens and costs upon economic and social sectors of the state whose activities may contribute to I/m/ting the recovery of salmon; and (g) The strategy should seek clear measures and procedures from the appropriate federal agencies for removing Washington's salmon stocks from listing under the federal act. (3) Beginning on September 1, 2000, the strategy shall be updated through an active public involvement process, including early and meaningful opportunity for public comment. In obtaining public comment, the salmon recovery office shall hold public meetings throughout the state and shall encourage regional and local recovery planning efforts to similarly ensure an active public involvement process. (4) This section ahall apply'prospectively only and not retroactively. Nothing in this section shall be construed to invalidate actions taken in recovery planning at the local, regional, or state level prior to the effective date of this section. Sec. 10. RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows: (1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology. (2) The speaker of the house of representatives and the majority leader in the senate (({- shall -})} {+ may +} each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list. (3) The members of the independent science panel shall serve four- year terms. {+ Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. +} The independent science panel members shall elect the chair of the panel among themselves every two years. (({- The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. -})) {+ Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW. +} (4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science (({- review -}}) panel does not have the authority to review individual projects or {+ habitat +} project lists developed under RCW 75.46.060, 75.46.070, and 7~.46.080 or to make policy decisions. {+ The panel shall periodically submit its findings and recon~nendations under this subsection to the 8 of i7 6/18/99 ! 1:08 legislature and the governor. +} (5) The independent science panel (({- shall submit its findings to the legislature and the governor -})){+ , in conjunction with the technical review team, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in habitat projects and salmon recovery activities across the state. (6) The independent science panel, in conjunction with the technical review team, shall also recon~nend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts. (7) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel and the technical review team. The report may be included in the biennial state of the salmon report required under RCW 75.46.030 +}. Sec. 11. RCW 75.46.060 and 1998 c 246 s 7 are each amended to read as follows: (1) (a) Counties, cities, and tribal governments must jointly designate, by (({- official -})) resolution {+ or by letters of support +}, the area for which a habitat (({- restoration -})) project list is to be developed and the lead entity that is to be responsible for submitting the habitat (({- restoration -})) project list. No project included on a habitat (({- restoration -})) project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, or other entity. (b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other (({- restoration -})) {+ habitat +} interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat (({- restoration -})). The (({- interagency -})) {+ technical +} review team may provide the lead entity with organizational models that may be used in establishing the committees. (c) The committee shall compile a list of habi'tat (({- restoration -})) projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat (({- restoration -})) project list. The committee shall also identify potential federal, state, local, and private funding sources. (2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, (({- an evolutionarily significant unit, -})) or any other area as agreed to by the counties, cities, and tribes {+ in resolutions or in letters of support +} meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act. {+ (3) The lead entity shall submit the habitat project list to the technical review team in accordance with procedures adopted by the board. +} Sec. 12. RCW 75.46.070 and 1998 c 246 s 8 are each amended to read as follows: (1) Critical pathways methodology shall be used to develqp a habitat project list and a habitat work schedule that ensures salmon (({- restoration activities -})) {+ habitat projects +} will be 9 of 17 6/18/99 I h08 AM prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon. (2) The critical pathways methodology shall: (a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have~~L~ity fOr the limiting factors analysis; (b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task; (c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task; (({- and-})) (d) {+ Include a review of monitoring data, evaluate project performance, and make recmmaendations to the committee established under RCW 75.46.060 and to the technical review team. The technical advisory group has responsibility for this task; and (e) +} Describe the adaptive management strategy that will be used. The committee established under RCW 75.46.060 shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task. (3) The habitat work (({- list -})) {+ schedule +} shall include all projects developed pursuant to subsection (2) of this section (({- as well as -})){+ , and shall identify and coordinate with +} any other salmon habitat (({- restoration -})) project implemented in the region{+ , including habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs +}. The {+ habitat +} work (({- list -})} {+ schedule +} shall also include the start date, duration, estimated date of com~letion, estimated cost, and, if appropriate, the affected salmonid species of each project. Each schedule shall be updated on an annual basis to depict new activities. {+ NEW SECTION. +} Sec. 13. A new section is added to chapter 75.46 RCW to read as follows: State salmon monitoring data provided by lead entities, regional fisheries enhancement groups, and others shall be included in the data base of SASSI and SSHIAP. Information pertaining to habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs related to salmon habitat shall be included in the SSHIAP data base. Sec. 14. RCW 75.46.100 and 1998 c 246 s 11 are each amended to read as follows: The sea grant program at the University of Washington is authorized to provide technical assistance to volunteer groups and other project sponsors in designing and (({- performing -})) {+ implementing +} habitat (({- restoration -})) projects that address the limiting factors analysis (({- of regional habitat work plans -})) {+ required under RCW 75.46.070 +}. The cost for such assistance may be covered on a fee-for-service basis. Sec. 15. RC~ 75.46.080 and 1998 c 246 s 9 are each amended to read as follows: (1) Representatives from the conservation commission, the department of transportation, {+ the department of natural resources, the department of ecology, +} and the department of fish and wildlife shall establish an interagency review team. (({- Except as provided in subsection (6) of this section, -})) {+ H +}abitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year (({- beginning in 1999 -})). {+ The purpose of the team is to assist the salmon recovery funding board in 10 of 17 6/18/99 11:08 AM developing procedures and standards for state-wide funding allocation, and to assist the board in reviewing funding applications to identify the highest priority projects and activities for funding. +) (2) (({- If no lead entity has been formed under RCW 75.46.060, the interagency review team shall rank, prioritize, and dispense funds for habitat restoration projects by giving preference to the projects that: (a) Provide a greater benefit to salmon recovery; (b) Will be implemented in a more critical area; (c) Are the most cost-effective; (d) Have the greatest matched, or in-kind funding; and (e) Will be implemented by a sponsor with a successful record of project implementation. (3) -})) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate {+ habitat project lists (({- and may remove, but not add, projects from a habitat project list. (4) The interagency review team shall provide a summary of funding for habitat restoration project lists to the governor and to the legislature by December 1st of each year -})) {+ developed pursuant to RCW 75.46.060 and submitted to the board for consideration for funding. The team shall advise the board on whether the list for the area complies with the list development procedures and critical path methodology provided by RCW 75.46.060 and 75.46.070. When the board determines the list to comply with those requirements it shall accord substantial weight to the list's project priorities when making determinations among applications for funding of projects and activities within the area covered by the list. Projects that include use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding +}. (({- (5) -])) {+ (3) +] The (({- interagency review team -))) {+ board +} may annually establish a maximum amount of funding available for any individual project, subject to available funding. (({- The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects. (6) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2). (7) -])) {+ (4) +] Where a lead entity has been established pursuant to RCW 75.46.060, the (({- interagency review team -])) board +} may provide (({- block -})) grants to the lead entity {+ to assist in carrying out lead entity functions under this chapter +], subject to available funding. {+ (5) The interagency review team shall review, rank, and approve projects submitted for funding until January 1, 2000. (6) This section expires July 1, 2000. +} {+ NEW SECTION. +] Sec. 16. A new section is added to chapter 75.46 RCW to read as follows: The salmon recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for salmon recovery. (+ NEW SECTION. +} Sec. 17. A new section is added to Title 79A RCW to read as follows: The interagency committee for outdoor recreation shall provide necessary grants and loan administration support to the salmon recovery funding board as provided in section 4 of this act. The committee shall also be responsible for tracking salmon recovery expenditures under section 6 of this act. The committee shall provide all necessary administrative support to the board, and the board shall be located 11 of 17 6/18/99 11 :Og AM with the committee. The co~m~ttee shall coordinate its activities under this section with the salmon recovery technical review team created in section 7 of this act and provide necessary information to the salmon recovery office. Sec. 18. RCW 76.12.110 and 1998~~'5 are each amended to read as follows: There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department. Appropriations may be made by the legislature from.the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the managament of state forest lands. (({- For the 1997-99 fiscal biennium, moneys from the account shall be distributed as directed in the omnibus appropriations act to the beneficiaries of the revenues derived from state forest lands. Funds that accrue to the state from such a distribution shall be deposited into the salmon recovery account, hereby created in the state treasury. Funds appropriated from the salmon recovery account shall be used for efforts to restore endangered anadromous fish stocks. -})) *Sec. 19. 1999 c 309 s 114 (uncodified) is amended to read as follows: FOR THE OFFICE OF THE GOVERNOR General Fund--State Appropriation (FY 2000) ......... $ General Fund--State Appropriation (FY 2001) ......... $ General Fund--Federal Appropriation ............. $ Water Quality Account--StateAppropriation .......... $ TOTAL APPROPRIATION .............. $ (({- 12,856,000 -})) {+ 12,731,000 +} (({- 5,762,000 -})) {+ 5,700,000 +} (({- 5,720,000 -})) {+ 5,657,000 +} 674,000 700,000 The appropriations in this section are subject to the following conditions and limitations: (1) $1,612,000 of the general fund--state appropriation for fiscal year 2000, $1,588,000 of the general fund--state appropriation for fiscal year 2001, $700,000 of the water quality account appropriation,- and $209,000 of the general fund--federal appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items PSAT-01 through PSAT-05. (2) $465,000 of the general fund--federal appropriation and $290,000 of the general fund--state appropriation are provided solely for the salmon recovery office to meet its responsibilities for the state-wide salmon recovery strategy. Of this amount: (a) $200,000 of the general fund--state appropriation is provided for the operation of the independent science panel; and (b) $465,000 of the general fund-- federal appropriation is provided for the salmon recovery office staff to support local salmon recovery planning efforts. $232,500 of the general fund--federal appropriation in this subsectionmay be expended 'in each fiscal year of'the biennium only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001. (({- ($) $62,000 of the fiscal year 2000 general fund--state 12 of 17 6/18/99 11:08 AM appropriation and $63,000 of the fiscal year 2001 general fund--state appropriation are provided solely to implement Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079, establishing the salmon recovery funding board in the office of the governor. If legislation establishing the board is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse. -})) *Sec. 19 was vetoed. See message at end of chapter. *Sec. 20. 1999 c 309 s 129 (uncodified) is amended to read as follows: FOR THE OFFICE OF FINANCIAL MANAGEMENT General Fund--State Appropriation (FY 2000) ......... $ (({- 12,791,000 -})) {+ 12,716,000 +} General Fund--State Appropriation (FY 2001) ......... $ (({- 11,855,000 -})) {+ 11,780,000 +} General Fund--Federal Appropriation ............. $ 23,340,000 General Fund--Private/Local Appropriation .......... $ 500,000 TOTAL APPROPRIATION .............. $ (({- 48,486,000 -})) {+ 48,336,000 +} The appropriations in this section are subject to the following conditions and limitations: (1) $50,000 of the general fund--state appropriation for fiscal year 2000 is provided solely to evaluate and promote the use by state and local agencies of the training facilities at the Hanford reservation. (2) Funding in this section provides for a feasibility study to collect Washington enrollment data on distance learning programs sponsored by in-state and out-of-state private institutions in cooperation with the higher education coordinating board and the state board for community and technical colleges. Findings shall be submitted to the appropriate committees of the legislature by January 2000. (3) (({- $75,000 of the fiscal year 2000 general fund--state appropriation and $75,000 of the fiscal year 2001 general fund--state appropriation are provided solely to track and administer state and federal funding for salmon recovery allocated by the salmon recovery funding board established under Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079. (4) -})) The office of financial management, in collaboration with the institutions of higher education, the higher education coordinating board, and the state board for co~nunity and technical colleges, shall modify state information systems in order to provide consistent data on students engaged in distance learning. Higher education institutions shall provide enrollment information in support of this effort. Reporting on the numbers and categories of students enrolled in distance learning by class level and institutions shall begin by fall term, 2000. Washington independent institutions of higher education are encouraged to participate in this process and to provide distance learner enrollment data. (({- (5) -})) {+ (4) +} $1,000,000 of the general fund--state appropriation and $500,000 of the general fund--private/local appropriation are provided solely for the commission on early learning. one-half of the amount provided from the general fund--state shall not be expended unless matched by an equal amount from private sources. *Sec. 20 was vetoed. See message at end of chapter. Sec. 21. 1999 c 309 s 304 (uncodified) is amended to read as follows: FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION {+ General Fund--State Appropriation (FY 2000) ............ General Fund--State Appropriation (FY 2001) ............ $ Firearms Range Account--State Appropriation ......... .. -$ Recreation Resources Account--State Appropriation ......... $ Recreation Resources Account--Federal Appropriation ........ $ .$ 137,000 138,000 +} 34,000 2,370,000 11,000 13 of 17 6/18/99 11:08 AM NOVA Program Account--State Appropriation ............. $ 604,000 TOTAL APPROPRIATION ................. $(({- 3,019,000 - {+ $,294,000 The appropriations in this section are subject to the following condition and limitation: $137,000~Of~h~fiScal year 2000 general fund--state appropriation and $138,000 of the fiscal year 2001 general fund--state appropriation are provided solely to implement Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079 (salmon recovery). If legislation establishing the board is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse. +} *{+ NEW SECTION. +) Sec. 22. FOR THE INTERAGENCY CO~ITTEE FOR OUTDOOR RECREATION Salmon Recovery Grants Program (00-2-001) The appropriations in this section are subject to the following conditions and limitations: (1) The entire $119,928,000 appropriation is provided solely to the salmon recovery funding board to provide grants to local governments, state agencies, tribes, conservation districts, private landowners, and nonprofit entities for salmon recovery activities pursuant to chapter (House Bill No. 2079), Laws of 1999 sp. sass. or chapter . (Senate Bill No. 5595), Laws of 1999 sp. sess. If neither chapter (House Bill NO. 2079), Laws of 1999 sp. sass. nor chapter . . (Senate Bill No. 5595), Laws of 1999 are enacted by June 30, 1999, the amount provided in this section shall lapse. (2) Up to $19,650,000 of the general fund--federal appropriation is provided for grants to local governments for salmon recovery in accordance with a grant from the department of interior, United States fish and wildlife service received in December 1998. (3) $6,200,000 of the state building construction accotmt, $14,380,000 of the salmon recovery account, and $55,238,000 of the general fund--federal appropriation shall be distributed by the salmon recovery'funding board within the following categories: (a) A minimum of twenty-four percent shall be provided for fish passage barrier correction and fish screens to protect fish; (b) A minimum of thirty-eight percent shall be provided for habitat projects; (c) A minimum of thirty-eight percent shall be provided to purchase riparian easements to restore and to protect environmentally sensitive land in riparian areas to protect water quality and improve salmon and steelhead habitat. The salmon recovery funding board shall adopt rules for the implementation of this subsection consistent with the requirements of the conservation reserve enhancement program, except the eligibility is not limited to agricultural lands and contracts may exceed fifteen years in duration. It is the intent of the legislature- that this appropriation will be used primarily for landowners that do not qualify for the federal conservation reserve enhancement program. The appropriation in this subsection shall not be used for-fee sim~le land acquisition. (4) $9,930,000 of the salmon recovery account appropriation is provided solely for planning and engineering activities. The appropriation in th£S"subsection shall be distributed as follows: (a) $2,100,000 shall be available for grants to cities and counties for the protection of critical areas using nonregulatory programs; (b) $500,000 for the southwest Washington salmon recovery region; (c) $1,500,000 for the people for salmon nonprofit organization; (d) $830,000 for conservation district activities to implement the Puget Sound plan; .... (e) $1,000,000 for monitoring salmon restoration projects and activities; (f) $400,000 for technical assistance to landowners to i~lement the natural resources conservation service field office technical guide 14 of 17 6/18/99 11:08 AM standards; (g) $800,000 for the development of stream corridor guidelines for salmon recovery and habitat restoration; (h) $1,100,000 for contracted engineering services for habitat projects; and (i) $1,700,000 for salmonid screening, habitat enhancement, and restoration program. (5) $6,530,000 of the salmon recovery account and up to $8,000,000 the general fund--federal appropriation is provided for salmon recovery efforts. The appropriation in this subsection shall be distributed as follows: (a) $50,000 of the salmon recovery account is for developing selective harvesting techniques and equipment; (b) $150,000 of the salmon recovery account is for developing and implementing methods for reducing the by-catch of salmon and other endangered or threatened species; (c) $6,330,000 of the salmon recovery account is for the jobs for the environment program; and (d) Up to $8,000,000 of the general fund--federal appropriation is for commercial license buy-back. (i) If federal grants for salmon recovery efforts are equal to or less than $50,000,000 during the 1999-01 fiscal biennium, then $4,000,000 may be expended for the purpose of this subsection. (ii) If federal grants for salmon recovery efforts are more than $50,000,000 during the 1999-01 fiscal biennium, then up to $8,000,000 may be expended for the purposes of this subsection. (iii) The amount in this subsection is provided solely to buy back commercial licenses for Washington-based commercial salmon fishers who fish in Washington or Alaska and who directly target or incidentally catch a threatened or endangered salmon species. Any expenditure from the amount in this subsection used in connection with a license buy- back program in another state must be matched by an equal amount of non-Washington state sources. Washington-basedAlaska trollers' licenses may be bought back only if the state or states buying the license affirms that at least seventy-five percent of the seller's historic catch is allowed to pass through Alaskan waters. The amount in this subsection may also be used as grants for programs that combine license buy-back with programs that facilitate the funding of a conversion to selective fishing methods. (6) A final list of projects funded with appropriations from this section shall be submitted to the office of financial management and the legislature by June 30th of each year. Appropriation: General Fund--Federal .................. $ State Building Construction Account-- State ..................... $ Salmon Recovery Account ................. $ Subtotal Appropriation ............. $ Prior Biennia (Expenditures) .............. $ Future Biennia (Projected Costs) ............ $ TOTAL ..................... $ *Sec. 22 was partially vetoed. See message at end of chapter. {+ NEW SECTION. +} Sec. 23. RCW 75.46.130 (Appropriated funds) and 1998 c 246 s 17 are each repealed. {+ NEW SECTION. +} Sec. 24. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circmnstances is not affected. 82,888,000 6,200,000 30,840,000 119,928,000 0 0 119,928,000 15 of 17 6/18/99 11:08 AM {+ NEW SECTION. +} Sec. 25. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999. Passed the Senate May 19, 1999 .... Passed the House May 18, 1999. Approved by the Governor June 11, 1999, with the exception of certain item~ that were vetoed. Filed in Office of Secretary of State June 11, 1999. Note: Governor's explanation of partial veto is as follows: "I am returning herewith, without my approval as to sections 2, 7, 19, 20, 22(3), 22(4), and 22(5), Second Engrossed Second Substitute Senate Bill No. 5595 entitled: "AN ACT Relating to salmon recovery funding;" Second Engrossed Second Substitute Senate Bill No. 5595 establishes a Salmon Recovery Funding Board (Board) to oversee $119,928,000 in state and federal money dedicated to salmon recovery. The primary purposes of this legislation are to promote public oversight of funding for salmon recovery and to provide a coordinated state funding process. Taxpayers, the federal government, and the Legislature demand and deserve greater accountability for the large sums of money we currently spend and will spend in the future on salmon recovery activities in our state. The Legislature has chosen to create the Board to oversee the selection of science-based salmon recovery projects and to make certain that the taxpayers' money is wisely spent. Clearly, the best projects are those that will bring back or protect the most fish. A strong Board consisting of knowledgeable and concerned citizens from across our state is essential to the success of our statewide efforts to restore salmon runs. This legislation appropriately endows the Board with the broad powers necessary to oversee allocation of the salmon funding and to ensure that projects get done on time, stay within budget and achieve results for salmon. In section 22 of this bill, however, the Legislature would have defeated the purpose of the Board by taking away its real authority and responsibility. Section 22 would have specifically allocated every single dollar of the salmon recovery money. Such allocation is contrary to giving the Board the responsibility to approve and finance those projects that will have the largest beneficial impact. This' detailed itemization of appropriations and projects makes it almost superfluous to have a Board. It is our responsibility to make certain that there is strict accountability for the chosen projects and the money spent on them. Only a strong Board, with the authority and discretion, can do this. Further, after personally consulting with members of our congressional delegation - from both parties - I am convinced that our receipt of federal funds to restore salmon in our state would be placed in serious jeopardy without these vetoes. Members of our congressional delegation and local groups committed to salmon recovery have great expressed concern about our ability to have an effective salmon recovery plan if every dollar is pre-allocated. For these reasons, I am compelled to veto several sections of 2E2SSB 5595 as follows: Section 2 of the bill would have added new, important and necessary definitions to the salmon recovery statutes. However, one change would have prohibited funding updates related to the Growth Management Act, which are necessary components of salmon recovery and should not be excluded from funding. 16 of 17 6/18/99 II:OgAM Section 7 of the bill would create a Technical Review Team (Team) to establish funding criteria and policies, and to review requests for funding grants on behalf of the Board. Under section 7, the Team would be appointed by the Director of the Department of Fish and Wildlife and be staffed by that department. However, the Board is staffed by the Interagency Committee for Outdoor Recreation (IAC), and the IAC is to administer contracts approved by the Board. The Team would be a new scientific review group when we already have at least two otheL salmon recovery science entities. I agree that the function of the Team is essential to the success of salmon recovery projects, and that we should fully utilize the scientific and other expertise in the Department of Fish and Wildlife. But the scientific review and all other parts of our salmon recovery need to be part of a unified structure. Accordingly, I am requesting the director of the IAC, in consultation with the Director of the Department of Fish and Wildlife and the chair of the Board, to examine all of the various scientific and technical review groups, with the goal of recommending a comprehensive streamlined mechanism to handle the scientific aspects of salmon recovery. Additionally, I request a recommendation of an appropriate project review structure within the IAC and a report back to me on both tasks by July 15, 1999. Sections 19 and 20 of this legislation would have removed funding for the Governor's Office and the Office of Financial Management related to the implementation of this act. My office and OFM have fundamental responsibilities related to salmon recovery and, accordingly, I have vetoed these sections to retain their funding. Section 22 of the bill would provide a full and detailed allocation of how each of the $119,928,000 in state and federal funding for salmon recovery is to be spent. Many of the projects are worthwhile and I will request that the Board consider and give appropriate deference to the allocation provisions in section 22. However, we must preserve the Board's authority to make fundamental decisions about how state and federal salmon recovery money is to be spent, to ensure the recovery and preservation of our wild salmon. For these reasons, I have vetoed sections 2, 7, 19, 20, 22(3), 22(4), and 22(5) of Second Engrossed Second Substitute Senate Bill No. 5595. With the exception of sections 2, 7, 19, 20, 22(3), 22(4), and 22(5), Second Engrossed Second Substitute Senate Bill No. 5595 is approved." 17 of 17 6/18/99 11:08 AM June 2, 1999 The Honorable Ron Gintz Mayor, City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 King ~:~tive RON SIMS RE: Letter of Support for King County to Seek Salmon Habitat Funding Dear Mayor Gintz: During its special session last month, the state legislature passed SB 5595, which amends state law concerning the distribution of funding for salmon habitat projects. "Lead Entities",/fthey have letters of support from all cities, counties and tribes in a grater Resource Inventory Area (Yr~A), may apply to a newly created Salmon Recovery Funding Board for funding for habitat projects in that WRIA. The City of Federal Way is in the Green/Duwamish ~ (which includes the watersheds of the Green and Duwamish Riv~. rs and areas a~ong Puget Sbund from the'middle of Elliott Bay to Federal Way and VashOn Island). King County wishes to receive yoor ~pport tO serve as "Lead Entity" for this WRIA. This is a purely administrative role. Without it, however, the WRIA will not be eligible to receive state funds (including federal funds passed through the state) for habitat preservation and restoration to respond to listings under the Endangered Species Act (ESA). A draft letter of support is enclosed. Under the same state law, a multi-stakeholder group must develop the prioritized list of habitat projects that King County would submit for the WRIA. The Green/Duwamish WRIA Steering Committee, which I have appointed to develop a salmon conservation plan to respond to listings under the ESA, meets the criteria of the law and will develop this list, in cooperation with your and other jurisdictions in the WRIA and the GreerdDuwamish and Central Puget Sound Watershed Forums. On May 27, 1999, the Watershed Staff Committee, which is comprised of staff from the cities throughout the Greend)uwamish Watershed, embraced King County as the "Lead Entity." The Steering Committee will discuss this issue at its June 10, 1999, meeting. This role would be consistent with the role that the County is already playing in the WRIA under~. (the Tri-County~~_~response to ESA. (- KING COUNTY COURTHO[JSE 516 THIRD AVEN[JE, ROOM 400 SEATTLE, WA 98104-3271 (206) 296-4040 296-0194 FAX 296-0200 TI)I) E-,nail: ron.sims@,net,'okc.gtov ~'"~-~ King County is an Equal Opportunity/Afhrmative Action Employer and complies with the Americans with Disabilities Act ?"~ The Honorable Ron Gintz June 2, 1999 Page 2 The deadline to apply for assistance in developing the habitat project list for the WRIA is June 14, 1999. I hope that you can mail a letter of support (similar to the one enclosed) to me by June 9. I apologize for the short turn-around time, but if we do not meet this deadline, the WRIA will be ineligible for funds to develop tMs list, significantly hampering ICing County's ability to provide this regiOnal service. If you have questions about this letter, please contact Doug Osterman, Watershed · Coordinator for the Green/Duwamish WRIA, by phone, at (206) 296-8069, or via e-mail, at d~ug.osterman(~_,metrokc.gov. Thank you' for' your timely attention to this request. Sincerely, King County Executive Enclosure CC.' Nancy Hansen, Manager, Water and Land Resources Division (WLRD), King County Department of Natural Resources (DNR) Doug 0sterman, Green/Duwamish WRIA Coordinator, WLKD, DNR June 9, 1999 The Honorable Ron Sims King County Executive 516 Third Avenue, Room 400 Seattle, WA 98104 Dear Executive Sims: The City of Federal Way is in the Green/Duwamish Water Resource Inventory Area (WRIA) and supports the designation of King County as "Lead Entity" for the Green/Duwamish WRIA undor RCW 75.46.060, for purposes of submitting a prioritized list to the state for funding of/uflmon habitat projects in the WRIA. We understand that, under the same'RCW, the Cvreen/Duwamish WRIA Steering Committee is responsible for developing the list. We look forward to working with the Steering Committee in the salmon recovery funding effort. Thank you for accepting this important regional responsibility. Sincerely, Mayor City of Federal Way CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Permission to accept equipment grant from King County Office of Emergency .............................................................................................................................................................................................. ....................... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: :"~;UMMARY/BACKGROUND: ~ ~ CITY COUNCIL COMMITTEE RECOMMENDATION: 'Motion to accept 48 escape masks for use in hazmat situations from the King County Office of Emergency Management. CITY MANAGER RECOMMENDATION: Approve acceptance of equipmen~grovided by the King County Emergency Management grant for the department as proposed. ./,.-' : ,,.. .................................................................................................................................................................................................... I.~......:j.;'Y...:.....: ........ ~,. ........................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE,) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: June 30, 1999 Ronald T. Wood, Chief of Police Equipment Grant from King County Background: The King County Office of Emergency Management indicating as a part of their continuing efforts to assist various departments with emergency readiness, they have obtained a grant of equipment for use in this area. From it they are offering to provide to the department 48 escape masks for use in hazmat situations such as terrorist biological events. Our responsibility is essentially to maintain, store, and train for proper use of the issued equipment and to not profit financially fi:om its use. Committee Recommendation: Motion to accept the 48 escape masks for use in hazmat situations fi:om the King County Office of Emergency Management. A~ OF~E REPORT: MEETING DATE: August 3, 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: $47,808 Expenditure Amt: Contingency Reqd: SUMMARY/BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to approve a continuation of the COPS More 96 grant to fund two Neighborhood Resonrce Center PSOs from June 1, 1999 throngh May 31, 2000 for a supplement award of $47,808. CITY MANAGER RECOMMENp&TION~ Approve acceptance of grant amount for the police department as proposed. !)/// A///,"~' ...................................................................................... 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 # Item 5B CITY OF FEDERAL WAY CITY COUNC!L PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: July 16, 1999 Ronald T. Wood, Chief of Police COPS MORE 96 GRANT Background: The Federal Way Department of Public Safety received approval for a renewal of the COPS MORE 96 grant to continue funding two Neighborhood Resource Center PSOs from 6/1/99 through 5/31/00. The original grant was awarded June 1, 1999 for a total of $143,424, of which a supplement award of $47,808 had been received. The supplement award for continued funding through May 31,2000 has been approved for the remaining $47,808. The grant award must be signed and returned to the COPS Office within 90 days of the award (September 1, 1999). Committee Recommendation: For approval of a continuation of the COPS MORE 96 to fund two Neighborhood Resource Center PSOs from June 1, 1999 through May 31, 2000 for a supplement award of $47,808. 57-~mmittee Member 'C'9~nmittee 1V~e~aber a-cops96 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: $43,958 Expenditure Amt: Contingency Reqd: SUMMARY/BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to approve the modified COPS MORE 98 grant to fund a Crime Analyst position from December 1, 1998 throngh November 30, 1999 for an award of $43,958. CITY MANAGER RECOMMENDATION: Approve acceptance of grant amount for the police department as proposed. ?" A 7 ~ /f~ ....................................................................................................................................... L.~v...}:....-. ........ .., .................................. .................................................................. 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 # Item 5~ CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: July 16, 1999 Ronald T. Wood, Chief of Police COPS MORE 98 GRANT Background: The Federal Way Department of Public Safety received approval for a modification of the COPS MORE 98 grant to fund a Crime Analyst position and equipment with supporting hardware. The total award amount is $43,958. The award start date is December 1, 1998 and end date is November 30, 1999. Committee Recommendation: For approval of the modified COPS MORE 98 to fund a Crime Analyst position from Decemer 1, 1998 through November 30, 1999 for an award of $43,958. ittee ,///Eommitte~ CommiRee Member a-cop981 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Permission to accept 1999 COPS Universal Hiring Program Grant Award CATEGORY: BUDGET IMPACT: _X_CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION ,STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ 600,000 (grant award) Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo dated 6/30/99 and supplemental memo dated 7/28/99 from Ron Wood and COPS memo dated 05/5/99. SUMMARY/BACKGROUND: See memo. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to accept the COPS Universal Hiring Program grant for $600,000, to be awarded to the Deparhnent of Public Safety to fund eight new, additional full- time officers over a three-year period. CITY MANAGER RECOMMENDATION: Approval of committee APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/I 4/96 CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: June 30, 1999 Ronald T. Wood, Chief of Police COPS Grant Award Back£round: The City of Federal Way Department of Public Safety received a COPS Universal Hiring Program grant award for 8 new, additional full-time officers at an estimated value of $600,000. This is an estimated amount of federal funds to be awarded for a three-year period. The grant award start date is April 1, 1999, which means the city can be reimbursed for salaries and expenses for additional officers hired after this date. Currently, nine officers (two entry-level and seven laterals) have been hired since April 1, 1999, and there are an additional six officer positions to be filled. Committee Recommendation: Motion to accept the COPS Universal Hiring Program grant award for 8 new, additional full-time officers providing revenue of $600,000 ($75,000 per officer) over a three-year period. A' ]' EEREPORT: ~ , Cha~.._~/~ 3?~ommittee Member~ _. ber Date: From: Subject: CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY July 28, 1999 Ronald T. Wood, Chief of Police COPS Grnnt Award The Adopted 1999-2000 Biennium Budget includes the approval to hire an additional six (6) police officer FTEs (Full Time Employees). These six (6) positions will be funded on an "on-going" basis by the General Fund. The Department of Public Safety is currently negotiating a personal service agreement with the Twin Lakes Homeowner's Association for security services. Once the Twin Lakes Homeowner's Association approves the draft agreement (anticipated to occur at the Association's next meeting on August 28, 1999), the draft agreement will be forwarded to the Public Safety Council Committee and then to the City Council for review and consideration. This agreement will provide Police revenue to offset the costs of the three (3) police officers. Pending the approval of the Twin Lakes Security Services Agreement, the Department of Public Safety will request to add three (3) additional nonbudgeted FTEs to its budget. Presently, the Department of Public Safety has received a COPS Universal Hiring Program grant award for eight (8) new, additional full-time officers at an estimated value of $600,000. This is an estimated amount of federal funds to be awarded for a three year period. The grant award start date is April 1, 1999, which means the City can be reimbursed for salaries and expenses for additional officers hired after this date. The City will be need to comply with special conditions as part of the acceptance of the award. Two of the special conditions obligates the City to retain the eight (8) grant FTE positions, as well as meet the required 25% match with local funds. The Universal Hiring Program Award letter will be forwarded after approximately four weeks. This document will disclose the actual award amount and conditions for accepting the award. Upon receipt, the Award letter will be processed accordingly to the City Manager for signature. Of the eight (8) FTE positions available through the acceptance of this grant award, six (6) FTE positions have previously been approved by the adoption of the 1999-2000 Biennium Budget and the remaining two (2) FTE positions are contingent upon the final approval of the Twin Lakes Security Services Agreement. Committee Recommendation: To accept the COPS Universal Hiring Program grant award for eight (8) new, additional full-time officers providing revenue of approximately $600,000 ($75,000 per officer) over a three-year period, realizing that three of the eight FTE positions is pending the City Council's approval for the Twin Lakes Security Services Agreement. U.S. Department of Justice Office of Communiiy Oriented Policing Services (COPS) O.07ce of the Director t4~axhingtot~ D.C. 20530 May 5, 1999 Director Ronald Wood Federal Way, City of :34008 Ninth Avenue South Federal Way, WA 98003 RE: Grant for: Federal Way, City of Dear Director Wood: It is with great pleasure that I write to inform you that your Department will receive a COPS Universal Hiring Program/~rant award for 8 new, additional full-time officer(s) and 0 part-time officer(s) at an estimated cost of $600,000.00. This is an estimated amount of federal funds to be awarded to your jurisdiction for a three-year period. The grant award start date is April 1, 1999, which means that you can be reimbursed for salaries and expenses of additional officer(s) hired after this date. If you have not previously received a COPS Universal Hiring award, your Universal Hiring Program budget information currently is being reviewed. Upon budget approval, we will forward to you your Universal Hiring Program Award, 'budget clearance memorandum and Grant Owner's Manual. The memorandum will provide the actual award amount and will identify any disallowed costs such as uniforms or overtime. Some departments also will receive COPS assistance in developing community-policing strategies. If this condition applies, a special notice pertaining to technical assistance will be enclosed. You must sign and return it to the COPS Office along with your grant award. To accept your grant, please sign the award document and special condition, if applicable, and return it to the COPS Office within 90 days. WA01736 Federal Way, City of May 5, 1999 Page 2 If you have previously received a COPS FAST, AHEAD, or Universal Hiring Program, this grant award will supplement your previous award. Upon budget approval for the additional officem, you will receive a supplemental grant award which will provide your actual award amount for this announcement, To accept your grant, please sign the award document and return it to the COPS Office within 90 days. Failure to submit the signed award document in this 90 day period could result in COPS withdrawing you from the grant program and de-obligating your agency from the grant program. If you requested a waiver of the 25% local match, such requests are currently under review. You will be notified whether a waiver has been granted at the time your Universal Hiring Program Award and budget clearance memorandum is sent to you. We are pleased that your Department has elected to participate in the Universal Hiring Program and look fot-~vard to working with you in a productive partnership to further your community polic, ing efforts. Should you have any questions, please do not hesitate to contact the COPS Office at 1-800;421-6770. Your grant advisor will be happy to provide you with assistance. CITY OF~ ~'~ii~1~~ 33530 1 ST WAY SOUTH (253) 661-4000 FEDERAL WAY, WA 98003-6210 November 13, 1998 Department of Justice COPS Program, 8th Floor 1100 Vermont Northwest Washington, D.C. 20530 Attention: Subject: ORI: Darryll White; Grant Advisor Request for Additional Police Officers WA0173600 Dear Mr. White: This is a follow-up to your discussion with my staff, Fiscal Specialist Laura Camden, concerning the addition of police officers solicited through the COPS Universal Hiring Program. The Department's request for additional police officers is outlined below. Explanation of Request The Federal Way Department of Public Safety is soliciting funds from the COPS Universal Hiring Program. The Department celebrated its two year anniversary October 16, 1998. We are located in the City of Federal Way, State of Washington. The City of Federal Way encompasses approximately 25 square miles divided into seven districts and is residence to approximately 80,000 citizens. The Department consists of 95 commissioned officers which equates to 1.23 officers per 1,000 population. Including civilian positions the ratio is 1.65 total staff per 1,000 population. Regional law enforcement averages are 1.8 officer and 2.7 total staff per 1,000 population. The Federal Way Department of Public Safety is operating at a significantly lower staffing level when compared to these other local agencies. Darryl White COPS UHP Page 2 of 3 N~:mber of Officers Requested and Budget Information The Department would like to request funding for an additional eight officers to provide the Department the needed coverage of police officers for a city of this size (25 square miles). This will make a positive impact in the community and will facilitate the success of our Community Oriented Policing Program. The required match will be absorbed in the budget baseline. The salaries and benefits are calculated below. "?': ~ '~' 'Tiffi~ 'Oiti6~f",~, nt ' "'" 1st Year Annual Salary per Officer $ 41,199.84 Annual Benefits per Officer $ 11,535.96 1st Year Total $ 52,735.80 2nd Year Annual Salary per Officer $ 43,824.00 Annual Benefits per Officer $ 12,271.92 2nd Year Total* $ 56,095.92 3rd Year Annual Salary per Officer $ 47,544.00 Annual Benefits per Officer $ 13,313.62 3rd Year Total* $ 60,857.62 Dept.'s 3-year cost Total $ 169,689.34 Multiply by .75% ($127,267.00) Whichever total is less than $75,000 Federal funds requested $ 75,000.00 Non-Federal funds required $ 94,689.34 * The second and third year totals are slightly higher than the first year due to adjustments for cost of living and step raises. Budget Recap: · Total full time officers = 8 · Total amount of Federal funds requested for all full time officers = $600,000.00 ° Total non-Federal matching funds required (local share) = $757,514.72 Darryl White COPS UHP Page 2 of 3 Retention Plan Upon completion of the grant funding the Department will retain the eight police officers by funding provided by the Department's budget. Once again, thank you for this opportunity to apply for these additional police officers through the COPS Universal Hiring Program. Should you have any questions or need additional information, please do not hesitate to contact Commander Annette Spicuzza or Fiscal Specialist Laura Camden at 253/661-4652 or 253/661-4731, respectively. Sincerely, Ronald T. Wood, Director Federal Way Department of Public Safety City of Federal Way lc:LC c: file MON 16:2o PAX 202 $14 0272 /'-~ Department of' Justice ,. ~ of Community Oricnted POlicing Services COPS II II I II II mzm~ (~2 U..q~ j SmP(d))~ 1ltle VI o~the C~ ~ A,:* of X~t ~s mmnded (~2 Lr~-.. i 2a30~ the lndbn Ovfl Rf~u A,:~ (2S U.q.C Act o~ XgTS (42 U,S.C § 61o1. et nq.);.r~d ~ c~J~sUc= 42 (subpar~ C. D. ]~and G') ~the Code o~ Federal bSuhUnm. retired m4f~ pnd~ dinbllity ~ ~ ~ ~ ~ a d~ Omm dO%~ I~h~ Oran dlum~ Pmsmm~ mO ~ ~ dftds ~ Eyou luv. not dine.fo h Iht part I~ pum review, you have made fids application tv-O- .~e for review by the sttte Single Point of Con~acL 11. You will devise a plan t~ zmnln the incrunsed ldrlng level wflh state s~t local funds a/ter the conclusion -Kennech ~'-. Nybe r_s~----~r~g=~m'~'~ ~.. G~/'11/~9, ~08 16:21 PAX 202 514 g272 COPS 0O3 U.~. Depar~ent of Justice Office of Community Odcnted Policing Scrviccs ~ at 28 Ct~ INtrt ~'. ~Jl~=~t ~ far S~anlnes. as deRfled at ~ dd~mm~ declaml Inel~ie. sen~nmd ~ ,. denUl of Il I I I Il III tX)PS I (~1004 __ ~ITY OF FFflI~I?AI_ WAY ' D.EK-OF PuBLIC, SAFETY ~----- --' '---'--,~'~~1,~.~,..,,~~ ~ FEDERAL WAY, WA 98003-6791-- a vidation of a aimiml dms stntu[n oo:untr~ ~ tl,u wod~ (v) Not~4rg b qmt~ IR wfltfr~ wi~hfa 10 ~ daj~ respect to nt~y ~ who is so etmvi~tnd-- ~ ~ Maid:~ a g'""'~- Mth df~t k~ a~M~m b matnttln a Bunnu dkdim JL~/~ fhat would, fn h abm~ of r, edentl aM. t ILidmflon Ai~~/~N~OPS - UHP Cit~ of Federal Way 34008 - 9th Ave. So,, Federal Way, WA 98003 91-1462550 , C, rantuiltS/VmdorNumb~. Ronal~ T. Woo~, Director of Public Safety · ~Name~dllge~ Kenneth E. Nyberg, City Hanager 8 office'rs CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: A RESOLUTION EXTENDING THE TIME IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT THE LAKF~HAVEN UTILITY DISTRICT COMPREHENSIVE WATER SYSTEM PLAN CATEGORY: BUDGET IMPACT: .~CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $0.00 Expenditure Amt: $0.00 Contingency Reqd: $0.00 ATTACHMENTS: Proposed Resolution SUMMARY/BACKGROUND: On February 11, 1999, Lakehaven Utility District adopted a Comprehensive Water System Plan Update. Under Washington law, the City of Federal Way and other cities located within the District have ninety days in which to approve or reject the PLan. State statutes provide the City the ability to extend the review time by ninety (90) additional days, and additional time beyond the 90-day extension ff agreed to by the District. On May 4, Council approved a thirty-five (35)-day extension, through June 16. On June 15, Council took the remainder of the 90-day extension by approving an extension for an additional 55 days. The extensions were taken because staff was awaiting additional information from Lakehaven and its consultants that is anticipated to change salient portions of the Plan's capital facilities element. The additional information did not arrive until July 9 and 12, after which it was forwarded to the City's consultant. In order to allow time for the consultant to complete its review, after which a recommendation will be made to Council as to whether to approve or reject the Plan, staff are requesting that the Council approve an additional extension of time. Lakehaven has already agreed to such an extension, because it would like to have time to revise its Plan, prior to f'mal Council action, following .....r.?.!..P..t....°.,,f..~.Y...S.°...m.....m,.,e...a..~..f,,r..o..m.....t.,,h.e.....c..!.t.,Y,.: .................................................................................................... ................................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Adopt attached Resolution extending the time for revie~w, of Lakehaven Utility District Comprehensive Water System Plan Update until September 15, APPROVED FOR INCLUSION IN COUNCIL PACKET:/~ t~)~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION agnditem\comprej. 615 COUNCIL BILL # ORDINANCE # RESOLUTION # RESOLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON EXTENDING THE TIME IN WHICH THE CITY OF FEDERAL WAY MAY APPROVE OR REJECT THE COMPREHENSIVE WATER SYSTEM PLAN OF THE LAKEHAVEN UTILITY DISTRICT. DRAFT WHEREAS, water service within the City of Federal Way is provided by the Lakehaven Utility District ("District"), a water-sewer district organized and operating under Title 57 of the Revised Code of Washington; and WHEREAS, the District is required under RCW 57.16.010(1) to adopt a comprehensive water plan, and to submit such plan to the legislative authority of all cities and towns which are included within the boundaries of the District, WHEREAS, on February 11, 1999 the District adopted its Comprehensive Water System Plan Update ("Plan"); and WHEREAS, in mid-March, 1999, the District submitted to the City of Federal Way an amended Chapter 12 of the Plan, which changed the Assessment of Revenue Requirements portion of the Plan and financing for it by reducing the amount of funds available through Capital Facilities Charges ("CFCs") for necessary capital projects; and WHEREAS, City of Federal Way staffand the City's consultant have been reviewing the Plan, and the amended Chapter 12, and are in the process of finalizing their review; and WHEREAS, on April 22, 1999, the District's Board of Commissioners reopened discussions concerning proposed increases to the CFC; and Res. # 99- , Page 1 DRAFT WHEREAS, on May 4, 1999 the Federal Way City Council adopted Resolution No. 99-296, which extended the time provided for by RCW 57.16.010(6) for the City of Federal Way's review of the Plan until June 16, 1999; and WHEREAS, on June 15, 1999 the Federal Way City Council adopted Resolution No. 99-301, which extended the time provided for by RCW 57.16.010(6) for the City of Federal Way's review of the Plan until August 10, 1999; WHEREAS, subsequent to the adoption of Resolution No. 99-296, the District Board of Commissioners indicated that the District's consultant, Lynn Takaichi of Kennedy Jenks, is preparing additional information concerning potential future CFC and rate increases necessary to support the capital expenditures detailed in Chapter 12 of the Plan, which information is currently absent from the Plan; and WHEREAS, that additional information was not provided until July 9 and July 12, 1999; and WHEREAS, on July 8, 1999 the Lakehaven Utility District Board of Commissioners heard a presentation by Mr. Takaichi concerning the potential future CFC increases and their underlying calculations, and discussed the Board's upcoming meeting schedule at which action on CFCs increases might occur; and WHEREAS, on July 22, 1999 the Lakehaven Utility District Board of Commissioners voted to approve the District's agreement to an additional extension of time for the City's review under RCW 57.16.010(6), until no later than September 15, 1999, in order to permit time for the City's consultants to complete their review of the information provided by the District on July 9 and 12 and to forward their results to the City Council, and to allow the District time to amend its Res. # 99- , Page 2 DRAFT Comprehensive Water Plan in response prior to the City Council taking action to approve or reject the Plan; WHEREAS, for similar reasons the Federal Way City Council wishes to further extend the time provided for by RCW 57.16.010(6) for the City of Federal Way's review of the Plan, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Finding. The City Council finds that insufficient time exists to adequately review the Plan, including information concerning potential changes to the CFC and/or water rates that will affect the Lakehaven Utility District's Comprehensive Water System Plan Update's financing element, and that an extension of the time provided by RCW 57.16.010(6) for the City of Federal Way's review of the Comprehensive Water System Plan Update is therefore necessary and warranted, and the Lakehaven Utility District has agreed to such an extension of time. Section 2. Extension of Time in Which to Approve or Reject Comprehensive Water System Plan. The time provided by RCW 57.16.010(6) for the City of Federal Way's review of the Lakehaven Utility District's Comprehensive Water System Plan Update is hereby extended until September 15, 1999. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. # 99- , Page 3 DRAFT Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this __ day of August, 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ 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: RESOLUTION NO. k:\reso\comprej.803 Res. # 99- , Page 4 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: Council Committee Action form dated July 20, 1999; draft Memorandum of ........................................................ .............................................................................................................................................. .......................... SUMMARY/BACKGROUND:. Family Fest is scheduled for the weekend of August 27-29, 1999 at Steel Lake Park. The event will take place on the beach side of the park and the soccer field will be used for parking. Staffhas proposed the same Memorandum of Understanding used in the past with minor corrections to reflect 1999 and some staff changes. For the most part, it will be the same level of support ....~.9...r..e..¥.i..°...u...s..Y..e.~: ............................................................................................................................................................... ....................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: On July 26, 1999, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion recommending staffproceed with the MOU with the Federal Way Community Council. The draft MOU is currently in the Legal Department for review. ....................................................................................................................................................................................................... .................... T'"'",'""T'"7 ............... CITY MANAGER RECOMMENDATION: Aooroval of committee recommendation. '~,.//) {~'~. ....................................................................................................................... · .~ .......................................................................... ................. ~...~T~ .......... ,-~ ......... ~ ......... APPROVED FOR INCLUSION IN COUNCIL~,, PACKET: _ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # Item 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: Subject: July 20, 1999 David Wilbrecht, Deputy Director Parks, Recreation and Cultural Services IYepartment Family Fest Memorandum of Understanding Background: Family Fest is scheduled the weekend of August 27, 28 and 29, 1999. As in the past, the event will take place at Steel Lake Park. As in 1998, the event will take place on the beach side of the park and the soccer field will be used for parking. The attached map shows the proposed activities and events, and location of the booths and vendors. Staffis proposing the same Memorandum of Understanding used in the past with minor corrections to reflect 1999 and some staff changes. For the most part, it will the same level of support as previous years. In addition to the site map, a copy of the 1998 Memorandum ofUnderstanding and Exhibits "A" and "B" are attached for your review. Attachment "B" describes the 1998 Family Fest Support risk management requirements. These forms and the Memorandum of Understanding will be updated for 1999 and completed before the event. Committee Recommendation Motion to recommend staff proceed with the Memorandum of Understanding with the Federal Way Community Council. I( OF COMMITTEE REPORT: I ~/~i' ' ' LfV6mmittee Member~' Memorandum of Understanding Family. Fest 1999 DRAFT City of Federal Way and Federal Way Community Council THIS MEMORANDUM OF UNDERSTANDING ("MOU"), dated effective this 1st day of August, 1999, defines the respective responsibilities of the City of Federal Way ("City") and the Federal Way Community Council ("FWCC") in connection with the 1999 Family Fest event. Recitals: A. The FWCC, through the Family Fest Committee, produces an annual outdoor event, known as Family Fest, in Steel Lake Park, Federal Way, Washington ("Event"). The Event includes a parade, food and craft vendors, performances and activities over a three (3) day period, August 27, 28 and 29, 1999; B. The City has formally adopted the Event as an official City-sponsored event pursuant to Resolution No. 94-166 benefitting the citizens of Federal Way; and C. The Family Fest Committee will serve as the producer of the Event. The City will provide the location and assist with City services as outlined in this MOU. NOW, THEREFORE, the parties agree as follows: I. City_ Resp0nsibitities. The City agrees as follows: 1. The City shall provide staff support for negotiating use of Steel Lake Park stage and canopies; 2. The City shall waive the Special Events Permit fee for use of Steel Lake Park facilities; 3. As a City-sponsored event, waive application fees for a temporary business license and electrical permit; 4. As a City-sponsored event, Family Fest organizers, FWCC, will be covered under the City's insurance program; 5. The City shall provide use of currently available and owned outdoor stage, bleachers, canopies, sound system, and generator at Steel Lake Park during the Event; 6. The City shall provide maintenance support for site preparation, and logistical support and cleanup as outlined in the document entitled "1999 Projected Family Fest Support," attached hereto as Exhibit "A" and incorporated by this reference. II. FWCC Responsibilities. The FWCC shall: Screen all vendors, displayers and other groups participating ("Vendors") for required pexrnits, required executed Vendor Participation Agreement, and proof of insurance coverage as outlined in the document titled "Insurance Requirements for Family Fest," attached hereto as exhibit "B" and incorporated by this reference. In addition, all food vendors or other food handlers required to obtain Health Department permits will obtain those permits and FWCC shall provide to Vicki Norris, Park Maintenance Supervisor, by August 23, 1999, a list of all permitted vendors for inclusion in the Event. Without such certificates, a Vendor may not participate in the Event; Insure that the City of Federal Way is named as additional insured on all Vendor certificates of insurance. Copies of all insurance certificates will be provided to the City liaison, Vicki Norris, Park Maintenance Supervisor, by August 23, 1999, for inclusion in the Event. Without such certificates a Vendor may not participate in the Event; o Once a Vendor has provided all necessary permits, waivers and insurance, FWCC shall provide the Vendor with identification (such as a sign to display in booth) indicating compliance with such requirements. FWCC shall ensure that such identification shall be displayed at all times during the Event; Provide a detailed site plan and final time line of the Event by August 23, 1999, to the City liaison, Vicki Norris, Park Maintenance Supervisor; Provide logo identification on all marketing materials developed to promote the Event; o Provide booth space at the Event for promotion and sale of products by the City of Federal Way's Parks, Recreation and Cultural Services Department; ° Provide volunteer assistance in repairing any damage to Steel Lake Park and Steel Lake Annex that may occur during the Event; FWCC agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this MOU to the extent caused by the negligent acts, errors or omissions of the FWCC, its partners, officers, shareholders, agents, employees, invitees, or volunteers, or by FWCC's breach of this MOU. FWCC waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. FWCC's indemnification shall not be limited in any way by any limitation of the mount of damages, compensation or benefitspayable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. This MOU contains the obligations of both parties for Family Fest and may not be changed or modified except by written agreement by both parties. Kenneth E. Nyberg, City Manager 33530 - 1st Way South Federal Way, WA 98003 APPROVED AS TO FORM: City Attorney, Londi K. Lindell ATTEST: City Clerk, N. Christine Green, CMC Herbert Pollinger Federal Way Community Council k:\parks\famfest.agr EXBIBIT "A" 1998 PROJECTED FAMILY FEST SUPPORT Arts Commission (Cash) Contract for Services $ 3,000.00 Staff Support (In-Kind Value} Recreation and Cultural Services Manager (25/hr. X $27/hr.) Maintenance and Operations Supervisor (48/hr. X $25.85/hr.) $ 675.00 $ 1,240.80 Total $1,915.80 Permits/Rentals (In-Kind Value) *Waive of Special Events Permit Sound System Stage ($736) Canopy ($336) **Liability Insurance Generator Canopies: 1-10xl0 ($60), 2-10x15 ($280) Temporary Business License Electrical Permit $ 712.00 $ 100.00 $1,072.00 $ 2,500.00 $ 50.00 $ 340.O0 $ 25.00 $ 42.00 Total $ 4,841.00 Pre-Event (In-Kind) (Site Preparation) Relocate bleachers and tables Erect barricades and snow fencing (120 feet of fencing) Spray paint sprinkler heads, water lines (identify) Deliver stage and canopies Setup of stage and canopies Assist carnival vehicles on-site and setup Deliver generator, sound system, set out garbage containers 4 people, 4 hours 2 people, 6 hours 4 people, 8 hours 4 people, 2 hours 10 people, 2 hours 2 people, 6 hours 2 people, 3 hours Total: 106 hours 42 hours full-time ~ $23.16/hour 56 hours part-time ~ $10.00/hour --8 hours part-time @ $12.00/.hour 106 hours $ 972.72 $ 560.00 $ 96.00 Total: $1,628.72 *Based on using a part of the park, we do not have a free structure in place for using a whole park. **Currently under City insurance, with a $5,000 deductible. Other (In-Kind} Garbage bags Wetting agent for soccer field Miscellaneous tools & supplies Total $ 115.00 $ 100.00 $ 400.00 $ 615.00 Event (In-Kind) Friday: Monitor park, garbage pick-up 11:30 a.m.-10:00 p.m. 4 people, 10 hours EXIHBIT "A' (Continued) Saturday: Assist with vendors on and off fields, monitor park, garbage pick-up 7:00 a.m.-3:30 p.m. 1:30 p.m.-10:00 p.m. Sunday: Monitor park, garbage pick-up, assist vendors off fields, take down canopies ! 1:00 a.m.-8:00 p.m. Total 20 hours full-time ~ $27.20/hour 20 hours full-time ~ $26.10/hour 20 hours full-time ~ $22.12/hour 30 hours fill-time ~ $30.05/hour 42 hours part-time ~ $10.00/hour 8hours part-time ~ 12.00/hour 140 hours Total Post-Event (In-Kind) Take down stage Park clean-up Return bleachers and tables Return stage and any other equipment Total 48 hours full-time ~ average wage of $26.27/hour 32 hours part-time ~ $10.00/hour 80 hours Total 4 people, 8 hours 4 people, 8 hours 4 people, 9 hours 140 hours $ 544.00 $ 522.00 $ 442.40 $ 901.50 $ 420.00 $ 96.00 $2,925.90 10 people, 2 hours 4 people, 8 hours 4 people, 4 hours 4 people, 3 hours 80 hours $1,260.96 $ 320.00 $1,580.96 Total Cash: $ 3,000.00 Total In-Kind: $13,507.38 TOTAL: $16,507.38 Loss of Revenue Picnics (at capacity) Tournaments (at capacity) Total $ 870.00 $ 390.00 $1,260.00 EXHIBIT "B" City of Federal Way Risk Management Division Insurance Requirements for Family Fest 1999 Insurance Requirements for contracted vendor or booth participants at Family Fest are as follows: TYPE OF ACTIVITY AND EXPLANATION INSURANCE REQUIRED A. Non-profit, information only booth. No insurance needed. Mutual indemnity clause only. B. Non-profit and/or service club sales, game or exhibit booth, NO FOOD. This category includes home based craft sellers, entertainers contracted on a flat fee basis to provide music, magic shows, Velcro tunnel, gyro-tron and the like. Non-profit and/or service club FOOD BOOTH. Commercial sales booth. Exceptional overnight use of park facilities as approved by the Director of Parks, Recreation and Cultural Services. Commercial FOOD BOOTH or trailer. 1. Limited and/or retail food classification. These are commercial food exhibitors that do not utilize a complete kitchen; they sell a small number of specialty items, the potential health risk to the public is low, the opportunity for human or bacterial contamination is limited, i.e., popcorn, snow cones, cotton candy, prepackaged frozen ice cream. 2. Regular food service classification. These are commercial food exhibitors that utilize a complete kitchen; a full menu is available, food items may be prepared on site; the potential health risk to the public could be serious or dangerous if the foods were improperly prepared; it involves the preparation of potentially hazardous foods, i.e., dairy products, meat, fish, cooked vegetables, etc. Commercial game booth or event, i.e., carnival type games of change. This category includes any ANIMAL rides, petting zoo, pony ride, llama ride and the like No insurance needed. Mutual indemnity clause only. $1,000,000 combined single limit general liability, products liability and personal & bodily injury insurance required. $1,000,000 combined single limit general liability, and personal & bodily injury insurance required. $1,000,000 combined single limit general liability, and personal & bodily injury insurance required. If liquor will be served, additional insurance will be required. $1,000,000 combined single limit general liability, products liability and personal & bodily injury insurance required. $1,000,000 combined single limit general liability, products liability and personal & bodily injury insurance required. $1,000,000 combined single limit general liability, products liability and personal & bodily injury insurance required. Insurance Requirements for Family Fest (continued) TYPE OF ACTIVITY AND EXPLANATION Commercial rides, i.e., carnival rides, including helicopter rides, tethered balloon rides, bungee seats and the like. INSURANCE REQUIRED $5,000,000 combined single limit general liability, products liability and personal & bodily injury insurance preferred, minimum of $2,000,000 required. Other specialized insurance may be required in addition. NOTE: It is understood that at the discretion of the Risk Manager, based on his/her knowledge of the events and activities and risks involved, and based upon the above guidelines, increased levels of insurance may be required for a particular activity or event. All insurance certificates shall show the City of Federal Way named as additional insured as insurance coverage pertains to the activities described above. 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: $ SUMMARY/BACKGROUND: The Surface Water Management division of Public Works has received bids for two of its 1999 Annual Improvements Program: Military Road South Drainage Improvements and North Fork West Hylebos Fish Passage Improvement Project. For the Military Road South Drainage Improvements, ~?--.~the lowest responsive responsible bid is $99,954.30, submitted by Dennis Craig Construction. The bid is ~elow our engineer's estimate of $110,138.00. For the North Fork West Hylebos Fish Passage Improvement Project, the lowest responsive responsible bid is $60,734.55, submitted by Roadway Construction. The bid is above our engineer's estimate of $42,438.00. Funding for both of thc projects exists in the SWM capital ............................................................................................................................................................................ ....... CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 28, 199 meeting, the Land Use and Transportation Committee approved and forwarded the staff recommendation to award the two projects as follows: Military Road South Drainage Improvement project to Dennis Craig Construction in the amount cfi $99,954.30; North Fork West Hylebos Fish Passage Improvement project to Roadway Construction in the amount of $60,734.55. ........................................................................................................................... · ............ ....... ............................................ CITY MANAGER RECOMMENDATION: ~,l~z~-~ ........... ~ ............................................................................................................................................................, ............. ........................... .................. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\swrbid.awd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: TO: FROM: SUBJECT: July 14, 1999 Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, Surface Water Manager.~) 1999 Surface Water Management ($WM) Annual Improvements Program - Bid Award BACKGROUND: This year's annual improvement program includes two projects whose descriptions are provided below. SWM has received bids on the two projects from contractors listed on the City's Small Works Roster. As the bid amounts on each project are in excess of $20,000, we are seeking Council's approval to award the bid to the lowest responsive, responsible bidder. Military Road South Drainage Improvements The existing conveyance system along Military Road South near S, 288th Street is inadequate to convey the existing and future storm water runoff from the tributary basin..Flooding, has been reported during various storm events. The project proposed would replace the existing 12-inch-pipe with 24-inch pipe. The Surface Water Managerhent Division invited forty-two contractors 'currently on the Small Works Roster to bid on the above project..On July 20, 1999, the City received six (6) bids. The contractor with the lowest-bid for this project is Dennis Craig Construction, with a total bid amount of $99,954.30. The engineer's estimate for this project is $110,138.00. Based on reference checks completed by city staff, there is no known reason why this low bidder should not be able to successfully complete this project to the City's satisfaction. - Funding for..this project exists within the SWM capital budget annual programs section. This portion of the capital budget includes $118,195.00 for minor capital improvements in 1999. North Fork West H_l~lebos Fish Passage Improvement Project The North Fork of West Hylebos Creek, also known as Spring Valley, is an extremely productive salmonid habitat providing spawning and rearing areas for Coho, Chum, Steelhead and Cutthroat. Historically, Hylebos Creek has been recognized as one of the most productive creek systems for Chinook, a salmonid recently added to the endangered/threatened species list. Chinook may still be present in this system with the most recent documented siting occurring in Spring Valley in 1994. The Surface Water Management Division proposeS the North Fork West Hyleb~S Stream Restoration Project in order to restore fish passage to Spring Valley and encourage a conducive spawning and rearing habitat. The project area includes approximately 0.5 miles .of st'ream channel in an undeveloped open space that is owned by the City of Federal Way. The project site is located south of S. 359th Street and east of Highway 99. The proposed project consists of two phases. The first phrase includes the removal of an undersized culvert associated with a primitive road and the restoration of the stream channel. The second phase involves the repair of existing log weirs and the construction of an additional two weirs located south of the South 359th Street culvert. The repair and addition of log weirs, removal of the undersized culvert, and restoration of the stream channel will eliminate fish passage barriers and allow salmonid access to productive spawning and rearing habitat. State laws recognizing the importance of and requiring f, sh passage include RCW 75.20, RCW 77.16.210, RCW 75.20.061, and RCW 77.12.425. The removal of human made barriers and the enhancement of fish passage will contribute to healthy and sustainable salmonid stocks. The Surface Water Management Division invited forty-two contractors from the Small Works Roster to bid on this project. On July 20, 1999, the City received five (5) bids. The contractor who submitted the low-bid for this project is Roadway Construction, with a total bid amount of $60,734.55. The engineer's estimate for this project is $42,438.00. Based on past experience with this contractor, there is no known reason why this low bidder should not be able to successfully complete this project to the K:ity's satisfaction. Funding for this project exists in the SWM capital budget annual programs section. This portion of the capital budget includes $35,459.00 for lake and stream improvements and $123,932.00 for water quality improvements in 1999. This project includes elements of lake and stream improvements and water quality improvements. Currently SWM is pursuing a grant for this project through funds that have just become available through the 1999 Washington State Salmon Recovery Grants Program. The Grant would ilequire a 25% minimum matching amount. RECOMMENDATION: Staff recommends that the Committee place the following items on the August 3,1999 City Council agenda for approval: Award the Military Road South Drainage Improvements project to the lowest responsive, responsible bidder, Dennis Craig Construction, in the amount of $99,954.30 and establish a 10% constmction contingency totaling $9,995.43 for this project. - Award the North Fork West Hylebos Fish Passage Improvement Project to the lowest responsive, responsible bidder, Roadway ConstructiOn, in the amount of $60,734.55 and establish a 10% construction contingency totaling $6,073.45 for this project. Authorize the Surface Water Management to accept State and Federal grant matching funds through the Washington State Salmon Recovery Funding Program should they become available. K :\L UTC\1999~swm 1999.wpd ~88 ~''~ ~:~: . 888~8888888888888 88888888888888888 sggggsg~ggggggg88 .8888888888888888 ~ 888ggsggggggggg8~ 88~88888888888888 8. MEETING DATE: August 3, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Garden Terrace - SWM Project WH9A-CIP-02 CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: July 19, 1999 Memorandum to Land Use & Transportation Committee SUMMARY/BACKGROUND: Garden Terrace is a proposed development project which fronts S 3384 Street just south of City Hall. It is abutted on the west by the BP Station on thc comer of 1st Way So and So 338~, the Postal Center on the south, and Lake #1 on the east. As the southern portion of this project proposes improvements which impact the above referenced future proposed SWM capital project, a.k.a., Lake #1 Overflow Channel, SWM has asked the developer to provide a portion of the improvements. The portion of improvements to be provided by the development are sufficient to convey flows resulting from a 25-year rainfall event in the tributary basin. SWM recommends that on certain trunk lines serving the City, it is more appropriate to accommodate the 100-year rainfall event. In order to accommodate the larger event, this line must be increased in size from 42" to 48" in diameter. The cost of this incremental size increase is $22,800.00. It is in the best interest of the development and the City that both the required and the incremental storm water improvements be installed concurrent with the construction of the Garden Terrace project. The Lake #1 Overflow Channel is not scheduled for construction until the year 2012 and therefore no budget exists to accomplish the incremental improvements discussed above. Staffis thereforerequestingCouncil authorization to use $22,800.00 of its unappropriated capital project ending fund balance - projected to be $469,904.00 in the year 2000. CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 28, 199 meeting, the Land Use & Transportation Committee approved and forwarded the staff request to approve the appropriation of $22,800.00 of the~.~ri~ppropriated ca~P]atarl project ending fund balance for use in the coj~s ,,t[U.,~ti?x~ of a portion ............ .................... CITY MANAGER RECOMMENDATION: .f~"~ '-:" .... ~'~ "~' ~ ........ .~. cz,,,., i'.-,~ l .~.,f. ............................................................................................... ...... .................................................... .......... . ............ ,. ........................................... APPROVED FOR INCLUSION IN COUNCIL PACKET./,,,,.- ,-.._._~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\wh9acip2.agd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF~ DATE: TO: FROM: SUBJECT: July 19, 1999 Phil Watkins, Chair Land Use/Transportation Committee All Jeff Pratt, Surface Water Manager ~} (;arden Terrace - SWM Project wttgA - ClP- 02 BACKGROUND: Garden Terrace is a proposed development project which fronts S 338~ Street just south of City Hall. It is abutted on the west by the BP station on the corner of 1a way So and So 338', the postal center on the south, and Lake # 1 on the east. As the southern portion of this project proposes improvements which impact the above referenced future proposed SWM capital project, a.k.a., Lake #1 Overflow Channel, SWM has asked the developer to provide a portion of the improvements. The portion of improvements to be provided by the development are sufficient to convey flows resulting from a 25-year rainfall event in the tributary basin. SWM recommends that on certain trunk lines serving the City, it is more appropriate to accommodate the 100-year rainfall event. In order to accommodate the larger event, this line must be increased in size from 42" to 48" in diameter. The cost of this incremental size increase is $22,800.00. It is in the best interest of the development and the City that both the required and the incremental storm water improvements be installed concurrent with the construction of the Garden Terrace project. The Lake # 1 Overflow Channel is not scheduled for construction until the year 2012 and therefore no budget exists to accomplish the incremental improvements discussed above. Staff is therefore requesting Council authorization to use $22,800.00 of its unappropriated capital project ending fund balance - projected to be $469,904.00 in the year 2000. RECOMMENDATION': Staffrecornmends that the following item be placed on the August 3, 1999 Council consent agenda for approval: Appropriation of $22,800.00 of thet,unappropriatcd capital project ending fund balance for use in the construction of a portion of WH9A - CIP - 02. K:~LUTC~ 1999\wh9acip2.mmo MEETING DATE: August 3, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: COMMUNITY OF CHARA~R CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE _x_ usnwss HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Letter from Marcie Neuman, Secretary of Steering Committee SUMMARY/BACKGROUND: The City Council unanimously postponed this item from the regular meeting on ~lune 15, 1999, for the purpose of allowing the Steering Committee time to report to Council. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: ~P~ ~'~ ~'~"~'^~"~- , PACKET:APPROVED FOR INCLUSION IN COUNCIL ~___~. (BELOW TO BE COMPLE2~_.D BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Chris Green, City Clerk City of Federal Way Federal Way, Wa. 98023 Dear Ms. Green, The Steering Committee to explore a character program has met weekly for eight weeks. We have developed a rapport, mutual trust, and a feeling of i nclu sivity. In the course of these discussions, v~ have determined that thc success ora values program is strongly dependent upon our detachment fi.om City Hall, We are simply a group of grass roots citizens seeking to make the City of Federal Way a better place to live for all of us, Therefore, we request that the August City Council agenda not include a report from thc steering committee. At this time, we are hoping to implement a celebration of values in January, and we look forward to sharing this plan with all thc citizens of Federal Way. Respectfully, n, secretary 253 838 5709 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: _ CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACIIMENTS: 1) June 2, 1999 Staff report to the Planning Commission by Martin Nordby 2) June 28, 1999 Memorandum from Stephen Clifton, M. Nordby, and Betty Cruz to LUTC 3) Minutes from June 2, 1999 Planning ~c~"~i~s~s~!~n~b]~H~e~!~n~4~)~r~d~c~e~ .............................................................................................................................................................. ..... SUMMARY/BACKGROUND: At the direction of the LUTC a list was prepared of code changes to the existing sign code to clarify existing definitions, add missing ones and improve enforcemem. The Planning Commission conducted ?-----,a work session on May 19, 1999 to review the list of potential'changes. A public hearing on the proposed changes was held on June 2, 1999. The LUTC reviewed the proposal at its July 7, 1999 meeting and recommended approval by the full Council. CITY COUNCIL COMMITTEE RECOMMENDATION: ...A.p.p. rove amendmentS as p. resented. APPROVED FOR INCLUSION IN COUNCIL PACKET: q~(~ COUNCIL ACTION: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # STAFF REPORT TO THE CITY OF FEDERAL WAY PLANNING COMMISSION Date: Applicant: Proposed Action: Staff Representative: Staff Recommendation: June 2, 1999 City of Federal Way Amend the Sign Article of the Federal Way City Code to Address Missing or Limited Definitions and Clarify Selected Issues Martin Nordby, Code Compliance Officer Amend Code as Outlined by Staff Recommendation I. INTRODUCTION This staff report covers several proposed amendments to the sign regulations in the zoning chapter of the Federal Way City Code (FWCC). A total of 24 specific issues have been identified and proposed for amendment, most deal with the addition of definitions for terms used in the existing code that are not defined, or the existing definitions lack clarity thus making interpretation difficult and necessary. Some changes reflect experience with the code and are recommended to improve the code to accommodate issues not anticipated when the code was initially written. SEPA review is not required for these amendments. II. BACKGROUND The current sign code was adopted by the City Council in June of 1995 after more than a year of work involving a citizen's advisory committee plus several months of Planning Commission hearings and debate. The City Council also spent a considerable amount of time making changes to the draft code and debating the merits of many aspects of the amendment. However, as with any regulation, especially one so complex and with such a significant impact on the business community, not every issue or affect can be anticipated. When the city of Federal Way incorporated in 1990, the City Council adopted zoning regulations patterned after those in ~d!!~included sign regulation. It was apparent after a short period of time these .standards did not reflect the retail and business character of Federal Way, so development of a revised or new code was authorized. The intent was to provide for signage more appropriate to Federal Way's needs, yet maintain control over significant issues related to design aesthetics and sign clutter. The current code significantly increased permitted sign area for both building mounted and freestanding signs over the original code. It also established provisions (High Profile standards) for large retail developments such as Pavilions Centre and SeaTac Mall. The original code made no accommodation for larger retail developments. The new code also placed greater controls on temporary signs and emphasized strong enforcement. In essence, the new code was developed virtually from scratch. Little of the original code remained in the new ordinance. Many of the proposed amendments are simply to add definitions for terms that were not included in the 1995 code revision. Other revisions are needed to deal with rulings by made by the Federal Way Heating Examiner or to clarify terms or standards that have required interpretation by the Director of Community Development Services and deal with specific issues identified by the City Council. Below is a review of several of the proposed amendments identified by staff and revised by the Land Use and Transportation Committee (LUTC). Those issues that are essentially straight forward, such as missing basic definitions or missing references to process and procedures changed by separate amendments (i.e., updating of the review and public hearings processes), are included in the draft amendment without additional discussion in this report. However, items involving more complex issues or needing additional explanation are detailed below. A summary of all changes is included for your reference. Pump Topper Signs The Federal Way Hearing Examiner ruled in a civil citation appeal that pump topper signs had to be permitted as a point of purchase sign. Currently, the code does not define a "pump topper," nor does it have standards as to size and number. Until this ruling these types of signs had not been permitted. The Examiner's ruling limited the message on the sign to something related to the product (e.g., the gasoline) or its related purchase (e.g., paying with a credit card or ATM at the pump) and did not cover other items not available for purchase at the pump. Staff are recommending size and number limits on these signs be added to the code. An August 4, 1998, interpretation by the department director limits the size of such signs to no greater than two square feet and no more than one per point of purchase. This interpretation has been used as the standard for the amendment. See Exhibit C, page 6, number 61, and page 11, point of purchase displays, number (s). Staff Report Page 2 Sign Regulations Normal Maintenance Sign permits are required for any work on signs except maintenance. The question has arisen whether sign permits should be required for panel changes in existing signs that are not otherwise being modified. The code language for "Normal maintenance - signs" is in the regular zoning definitions section (FWCC Section 22-l) and was added after adoption of the revised sign code in 1995. In the revised sign code is also a definition of"maintenance." These definitions differ in their specificity. To resolve this issue, the definition of "Normal Maintenance - signs" in FWCC Section 22-1 can be removed and the definition for "maintenance" in the sign section amended to include a change in the sign panel as a maintenance issue not requiring a permit. See Exhibit C, page 5, number 47. In addition, a number of other sign related definitions from the original 1990 code remained in Section 22-1. These duplicate definitions have been deleted to avoid conflict with the newer definitions and keep all sign related terms with that section of the code. Terms not included or missing from the new code have been transferred to the definitions section of the sign code found at Section 22-1597. See Exhibit A. Subdivision Signs This issue was brought to the LUTC's attention in 1997. Council gave direction at the time to make some changes to the code that would make more subdivision signs conforming. In many cases there is no longer an active homeowners association or architectural control committee with whom the city can deal with in resolving potential nonconformances. This also complicates compliance for these signs. Council direction on code changes for subdivision signs has been incorporated into this proposed amendment. The desired result will be to bring as many of these signs into conformance as is reasonably possible. This amendment proposes to increase the aggregate permitted area for subdivision signs and add pedestal, pylon, and pole signs to the permitted type. The maximum permitted height would remain the same. Subdivision signs would also be permitted to be located on a fence or architectural feature, and would be excluded from setback requirements, except for sight distance requirements. See Exhibit C, Table 2, page 15. Special Sales and Promotional Events The original sign code allowed building mounted special sale and promotional banners for 120 days per calendar year. Permit approval was not required. No sign was to be up for any longer than 30 days. Without a method by which the city could monitor what signs had gone up at what time it was difficult to determine how long any one sign had been erected. The 1995 code revision added permit requirements for most temporary signs, including sale and promotional signs, and shortened the time from 120 days to 30 days per year. Section 22- 1600, Table l, limits special sales and promotional signs to 30 days within a calendar year. The requirement for a temporary sign permit has simplified monitoring of promotional signs, reduced clutter, and ensured that banners which have been up longer than 30 days, or Staff Report Page 3 Sign Regulations shorter if the permit was for a short~g time..~erio~are removed However, the extreme ~,,:.~.. · ,.~r~'~, ' reduction in time has also elicited c6ns~e COmment from the retail business community who want more opportunities during the year to advertise special events or promotions. The proposal is to extend the 30 day per year allowance to 90 days. This remains less than the original allowance of 120 days per year. No one business, however, would be permitted more than four permits per year regardless of whether the total length of time used added up to 90 days. See Exhibit C, Table 1, page 14. Dayeares in Residential Zones Daycares do not have sign provisions when located in residential zones, though they are an allowed use. Using a December 19, 1998, interpretation issued by the department director, sign provisions for daycares have been added to Table 2. Table 2 covers sign requirements for uses located in residential zones. These provisions apply only to commercial daycares, or daycares attached to a church or synagogue, and do not apply to class II home occupation (e.g., in-home daycare). See Exhibit C, Table 2, page 16. Building Mounted Signs A multi-tenant complex can choose not to display a freestanding sign. The code permits a center identification sign (CID) to be a wall mounted sign but does not include any size or number limits. The amendment recommends an additional wall mounted sign of seven percent of the exposed building face be permitted in addition to any permitted individual tenant signs. The building mounted CID sign would be limited to a maximum of 240 square feet. See Exhibit C, page 21, number 3. Landscaping Landscaping has been required around freestanding or ground mounted signs since 1990. The wording in the original sign code is virtually identical to that used in the 1995 sign code revision (Section 22-1602[E]). The most significant change is a limitation to the total amount of landscaped area required. The original code did not set a maximum required landscaped area. However, the type of vegetation to be used has not been defined, nor are there requirements that it be maintained. Landscaping requirements not only serve an aesthetic purpose.but also improve safety, especially in those situations where no other landscaping exists in the area of the sign. A landscaped area around a sign can reduce the possibility that during a vehicle accident the vehicle will hit the sign structure. Staff are recommending language be included in Section 22-1602(E) that identifies the general types of vegetation recommended and establishes a performance standard for the first two years for maintenance and growth. See Exhibit C, page 24, number E. Staff Report Page 4 Sign Regulations Sign Area Transfer Section 22-1601 (B)(4) permits signs to be transferred from one wall to another. Howe',er, the aggregate sign area for that wall cannot exceed the allotted maximum. The proposed amendment more specifically reiterates this limitation. See Exhibit C, page 21, number 4. Community Service Event or Civic Event Historically, these events have been narrowly defined to include mostly annual events such as Family Fest, Salmon Bake, or Bite of Federal Way, etc. This has excluded other regular cultural events such as theater productions and musical concerts. The proposed amendment broadens the definition for this type of event to specifically include charity and cultural gatherings. A standard for sign size and number have also been added to reduce the need for staff to evaluate applications and make judgements on a case-by-case basis. See Exhibit C, Table 1, page 14. III. CONCLUSION Forward the proposed amendments as presented to the City Council for consideration. IV. EXHIBITS Exhibit A FWCC 22-1, Definitions ') Exhibit B FWCC 22-335, Nonconforming Signs ~ Exhibit C FWCC Chapter 22, Article XVII, Signs,] I:\DOCUMEN~SignregsXA MNDRPT2.WPD Staff Report Page 5 Sign Regulations CITY OF FEDERAL WAY MEMORANDUM June 28, 1999 TO: Land Use/Transportation Committee (LUTC) FROM: Stephen Clifton, AICP, Director of Community Development Services Martin Nordby, CCEO, Code Compliance Officer Betty Cruz, Code Compliance Officer SUBJECT: Sign Code Amendments BACKGROUND The Federal Way City Council adopted an extensively revised sign code in June of 1995. At that time it was noted that because of the extent of the changes, limited amendments may be required in the future to address issues unforseen at the time of its adoption. A list of potential amendments were brought to the Land Use and Transportation Committee (LUTC) for consideration on May 3, 1999. This list included items Council wished be addressed, concerns and requests from the business community and the public, and staff recommended changes as a result of implementing the code. The LUTC directed staffto proceed to the Planning Commission with a revised list for their review and consideration. The proposed amendments correct conflicts within the code, clarify several existing definitions, add a number of missing definitions, and address other issues. Among the listed amendments were inclusion of several terms needing definition and clarification of existing terms. In reviewing all sign related definitions in FWCC 22-1597, it was noted several sign-exclusive terms remained in the general zoning definitions within FWCC 22- I. These have been deleted from FWCC 22-1 and either moved to FWCC 22-1597 or eliminated where duplication or conflicts exist with definitions of the 1995 adopted sign code. H. REASON FOR COUNCIL ACTION Pursuant to city code, any amendment to the zoning code text must be approved by the City Council based on a recommendation from the Planning Commission. IlL PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the list of potential amendments and made recommendations to staff for each proposal. Of note in the Commission's deliberation was discussion concerning freestanding sign landscaping requirements. Staff recommended more specific standards be included in the existing landscaping requirements. The Commission debated a number of different positions on this issue including whether landscaping should even be required. By a 3 to 2 margin the Commission voted to accept the staff recommendation as proposed. IV. PROCEDURAL SUMMARY Ve VI. May 3,1999 May19,1999 June 2,1999 June 14,1999 LUTC Meeting - Refine list of proposed amendments. Planning Commission - Work session to review amendment list. Planning Commission - Public Hearing. Planning Commission - Public Hearing closed - Deliberation/Recommendation. DECISIONAL CRITERIA Sec. 22-523. Zoning Text Amendment Criteria The city may amend the text of Chapter 22- Zoning only if it finds that: (I) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed amendment complies with language in Chapter 1. The introduction states that implementation of the plan requires the "modifying, and/or replacing of existing regulations" to meet the goals of the plan. (2) The proposed amendment bears a substantial relation to public health, safety and welfare; The amendments to the sign code are proposed to provide better direction to city staff and the public in implementing and enforcing code requirements. and (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendment will result in better enforcement and implementation. COUNCIL ACTION Pursuant to FI~CC, Section 22-537(c), after consideration of the planning commission report and, at its discretion, holding its own public hearing, the city council shall by majority vote of its total membership take the following action: 1. Approve the proposal by ordinance; 2. Modify and approve the proposal by ordinance; 3. Disapprove the proposal by resolution; or 4. Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission 2 Exhibits shall report back to the city council on th~ p~rsposal. Exhibit A Exhibit B Juno 2, 1999 Planning Staff Report and Exhibits LUTC Sign Code Amendments - Summary List I:\SGNAMEND~UCRECMEM/JuI¥ 27, 1999 SUMMARY Commissioners present: Robert Vaughan (Chair), Karen Kirkpatrick, William Drake, Hope Elder, Eric Faison, and Ed Soule. Commissioners absent: John Caulfieid. Alternative Commissioners present: None. Alternative Commissioners absent: Adebola Adekoya and Sophia McNeil. Staff present: Public Works Director Cary Roe, Assistant City Attorney Bob Sterbank, Community Development Services Deputy Director Kathy McClung, Code Compliance Officer Martin Nordby, Code Compliance Officer Betty Cruz, and Administrative Assistant E. Tina Piety. Chair Vaughan called the meeting to order at 7:02 p.m. APPROVAL OF MINUTES The minutes of May 19, 1999, were approved. AUDIENCE COMMENT None, ADMINISTRATIVE REPORT None. COMMISSION BUSINESS- Public Hearing: Courtyard Village Development Agreement The public hearing was opened at 7:05 p.m. Mr. Roe gave the presentation. At issue is the deletion of 341st Place from the Transportation Chapter of the Federal Way Comprehensive Plan. The City Council has already given its approval. The issue for the Planning Commission is whether the agreement throughly lays out all the issues, does it get all the details? Discussion was held on the environmental sensitive areas issue and what if the road cannot be built? There was no Public Testimony. It was m/s/c to forward to the City Council for approval, with a technical change to the names Chen and Draper. The Public Hearing was closed at 7:40 p.m. Planning Commission June 2, 1999 2 Public Heating: Sign Regulations The Public Hearing was opened at 7:40 p.m. Mr. Nordby gave the presentation. He provided a list of the proposed changes. Most of the amendments deal with definitions, with some changes done to clear up problems and to accommodate issues not anticipate when the code was initially written. Concern was expressed that the city expects too much in the way of landscaping. It was suggested that landscaping without vegetation be allowed. Discussion was held on sign area. On page 21, paragraph 3 needs to be clarified to say any one sign "...to a maximum of 240 square feet." Public Testimony was opened at 8:44 p.m. Lorene Fortenu, 31419 = 3"~ Place South - She is here to represent Centerstage. Her comment is that she is glad to see that the amendments will allow them to do more advertising. Jubilyn Lyver, 29645 - 18a Avenue South - She is the Resident Manager of the Overlook Apartments. She would like to put up a sign on her building (facing Pacific Highway South) saying for rent. The city has already informed her that it cannot be done because a commercial sign cannot be erected in a residential zone. She asked if just having the phone number on the building would be ok? Staff replied that they would need to research the issue. Larry Kulp, Marine Hills Architectural Control Committee - He appreciates the work of Betty Cruz and Martin Nordby (Code Compliance Officers) on the sign at the entrance to Marine Hills. He stated that Section 22-335 (a), Nonconforming Signs - Purpose, seems to exclude residential signs. There needs to be more flexibility when enforcing these rules. For example, what does significantly mean? The city should grandfather older attractive signs. Ann MeMck, 30019 - 2nd Avenue SW - She is here representing the Mar Cheri Community Club. She stated that she appreciates the work that has been done. She went on to say that their swimming pool is being adversely impacted due to the loss of their sign because of the regulations. The pool is hidden and without a sign, no one knows it is there. She asked that the Planning Commission recommend that signs that have been used for years be grandfathered. Their sign was professionally painted and only used seasonally. They have attempted other methods (i.e. newspaper, flyers, etc.) but with a limited budget, it has not really helped. The Public Testimony was closed at 9:00 p.m. At this time, the commission went over the staff recommendations as presented in a listing prepared by Mr. Nordby. 1. Pump Topper Signs - Discussion about whether the city should be held to a Hearing Examiner ruling. Planning Commission dune 2, 1999 3 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Normal Maintenance - Discussion as to when does the work go beyond maintenance. It is too intrusive to require a permit for changing the basic copy. The only way to monitor it is through the permit process. It was m/s/c (no nays) to remove the words "basic copy" and "text" from the definition of 'maintenance.' Sign Permit Expiration - No discussion. Government Signs - No discussion. Definitions - It was requested that some descriptive language be added to the definition of 'monument sign' for clarification. Why was the size (from 18 to 24) changed in the definition of 'wall sign'? Staff replied that the change was made to accommodate larger cabinets that are now being used. It was m/s/c (no nays) to make the necessary technical changes. Construction Standards - No discussion. Balloons - Clarification was requested as to what constitutes a "site." Construction Signs - No discussion. Directional Signs - No discussion. Final Inspection Process - No discussion. Subdivision Signs - Discussion was held to clarify the issue. Most current signs, except those in the right-of-way, will be grandfathered. Staff is researching ways of dealing with those in the right-of-way. Menu Boards - Discussion was held as to why these should be regulated. Staff replied it is to avoid outrageous signs. A permit will not be required, just standards. Discussion was held as to the number of menu boards. It was m/s/c (no nays, one abstain) to limit the number of menu boards to two. Fix Typo - No discussion. Prohibited Signs - No discussion. Special Sales - Discussion that 60 days a year seems very short. Staff replied that it is a middle ground and fits with most major retailers who tend to have four events in a year. It was m/s/e (three yeas, two nays) to increase the number of days to 90. Multi-Family Uses in Residential Zones - Discussion was held on the issue raised by Ms. Lyver of the Overlook Apartments. It was m/s/¢ (four yeas, one nay) to allow a commercial sign if it is facing away from residential areas and so long as it complies with the rest of the code. Planning Corem June 2, 1999 17. 18. 19. 20. 21. 22. 23. 24. Recreation Clubhouse or Area - Discussion was held on the Mar Cheri pool issue. The commission felt that no change were necessary. Daycares in Residential Zones - No discussion. Low Profile Combined Sign Package - No discussion. Building Mounted Signs - No discussion. Landscaping- Discussion was held about not requiring vegetation with the landscaping. (It was m/s/e to extend the Planning Commission meeting to 10:30 p.m.) Ms. Cruz showed examples of current sign landscaping. It was stated that requiring vegetation would increase the cost to the business (i.e. maintaining, watering, etc.). It was m/s/f (two yeas, three nays) to not approve the staff recommendation. It was mlsle (three yeas, two nays) to approve the staff recommendation as presented. Exemption from Amortization - Discussion was held to clarify the issue. Sign Area Transfer - No discussion. Community Service Event Or Civic Event - No discussion. Discussion was held on how to make Section 22-335 (a), Nonconforming Signs - Purpose, include residential signs. To this end, it was m/s/e (no nays) to remove the word "business" from "businessperson." Discussion was held on the length of grand openings (Table 1). It was m/s/e (no nays) to increase the days from 30 to 60 for grand openings. It was m/s/e to approve the staff recommendations as amended and move them forward to the City Council. ADDITIONAL BUSINESS It was m/s/c (no nays) to elect Karen Kirkpatrick to Vice-Chair. AUDIENCE COMMENT None. ADJOURN It was m/s/e to adjourn the meeting at 10:26 p.m. K :~COMMON AI~PLANCOM~1999~60299S.WPD ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY CITY CODE, RELATING TO SIGNS. WHEREAS, the City Council of the City of Federal Way determined that it was necessary for the public health, safety and general welfare to establish reasonable sign regulations; and WHEREAS, the Federal Way City Council adopted sign regulations, and subsequent amendments thereto, on February 27, 1990; December 3, 1991; April 21, 1992; June 16, 1992; June 6, 1995; and December 16, 1997; under Ordinance Nos. 9043, 91-113, 92-135, 92-144, 95- 235, and 97-307; and WHEREAS, amendments to the Chapter 22 of the Federal Way City Code (" FWCC") text are authorized pursuant to FWCC Sections 22-216, and Sections 22-516 - 22-530 ( Process VI review); and WHEREAS, pursuant to the direction of the City Council Land Use and Transportation Committee, City staff prepared a list of proposed changes to Chapter 22 of the FWCC relating to sign definitions and sign code enforcement ("Proposal"), and presented the Proposal to the Federal Way Planning Commission; and WHEREAS, pursuant to FWCC Section 22-534, the Federal Way Planning Commission considered the Proposal at a work session on May 19, 1999, and at a public hearing on June 2, 1999; and ORD # , PAGE 1 DRAF WHEREAS, public notice of the public hearing was duly given pursuant to FWCC Section 22-532; and WHEREAS, following the public hearing, the Planning Commission voted to approve the Proposal with minor modifications, and forward it with a recommendation of approval to the City Council Land Use and Transportation Committee; and WHEREAS, the Federal Way Land Use and Transportation City Council Committee, meeting as a committee of the whole City Council, considered the Proposal on July 7, 1999, and recommended approval by the full City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. ~_JllilJll~. 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 Federal Way City Code ("FWCC"): 1. The unregulated proliferation of signs detracts from the economic value of the community. 2. Such proliferation can and does create a visual distraction for drivers of motor vehicles and thereby detracts from traffic safety. 3. Reasonable regulation of signs serves to alleviate visual clutter and thereby preserves community scenic, economic and aesthetic values. 4. The regulation of signs supports and enhances the economic well-being of all businesses within the City while providing the opportunity for all businesses to identify their premises and advertise their products. ORD # , PAGE 2 DRAFT' 5. Sign regulation protects the public health, safety, and welfare by controlling the placement, removal, installation, maintenance, size and location of signs. 6. Amendments to the sign code will clarify existing definitions and add new definitions, to assist in uniform interpretation and enforcement of the code. 7. Amendments to the sign code will also provide better regulation of certain types of signs (e.g., civic and community event signs, subdivision signs, and promotional and special sales event signs), thereby furthering the community's interest in alleviating visual clutter and preserving scenic, economic and aesthetic values. Section 2. Conclusions. Pursuant to FWCC Section 22-528, and based upon the Findings set forth in Section 1 above, 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 Comprehensive Plan, which states at page VII-5 that "The character of the street environment is also unfriendly to pedestrians. Signs proliferate the South 320th Street and State Route 99 (SR-99/Pacific Highway South) corridors. · . .The number and size of signs produce a negative effect on the visual image of the City. The Plan contains a number of Goals and Policies to address this condition. The Proposal is consistent with these following Goals and Policies: ORD # City Center Goal 6: City of Center." Land Use Goal 1: environment." Land Use Policy 39: , PAGE 3 "Focus on improving the existing character and image of the "Improve the appearance and function of the built "Encourage transformation of Pacific Highway (SF-99) Community Business corridor into a quality mixed-use retail area." City Center Policy 2: quality development." City Center Policy 7: "I~vol~,,~ attractive City Center which wilt attract Allow for a variety of uses and mixed use development within buildings, or complexes. Ensure that mixed-use development complements and enhances the character of the surrounding residential and commercial areas. 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it addresses concerns for the public health, safety, and welfare by refining the City's existing sign code, which is consistent with state law and reflects a reasoned balance between the rights of individuals and the community interest. 3. The Proposal is in the best interests of the residents of the City because it responds to community concerns about compatibility of signs with the visual impact on the community at large. By establishing comprehensive and concise regulations by which to regulate signs, it provides city staff with sufficient criteria by which to evaluate proposals, and assists businesses in providing adequate provisions to identify the location of places of business. Section 3. Amendment. The Federal Way City Code, Section 22-1, is amended as set forth in Exhibit A attached hereto and incorporated herein by reference. Section 4. Amendment. The Federal Way City Code, Section 22-335, is amended as set forth in Exhibit B attached hereto and incorporated herein by reference. SectiQn $. Amendment. The Federal Way City Code, Sections 22-1596 - 22-1603, is amended as set forth in Exhibit C attached hereto and incorporated herein by reference. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ORD # , PAGE 4 DRAFT of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ 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:~oaD~signcode.99 ORD # , PAGE 5 Exhibit A Federal Way City Code Sec. 22-1. Definitions. ARTICLE I. IN GENERAL Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned shall mean knowing relinquishment, by the owner, of right or claim t~ the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory shall mean a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) shall mean either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. ADU, attached shall mean an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to, the primary dwelling unit. ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit shall mean an attached ADU which satisfies the criteria set forth in Section 22-633 of this Code. Accessory living facility shall mean an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining shall mean property.that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is more than 100 feet from a low density zone is not considered to be adjoining that zone. Adult entertainment activity 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 follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas shall mean both of the following: When less than comple~ ~~iiCqy covered: i. Human genitals or pubic region. ii. Human buttock. iii. Human female breast below a point immediately above the top of the areola. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. b. Specified sexual activities shall mean all of the following: 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse or sodomy. 3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast. (2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "speciOed sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age. (3) Adult cabaret 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" and which establishment excludes minors by virtue of age. Activities and uses defined as adult entertainment activity 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. Agricultural use shall mean any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights shall mean the right to, in some manner, control the use of the space above the surface of the ground. Alluvium shall mean soil deposits transported by surface waters. Antenna(e) shall mean any system ofelectromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrian and/or orbital based points, includes, but is not limited to: (1) Omni-directional (or "whip") antenna(e) transmits and receives radio frequency signals in a 360-degree radial pattern. -2- (2) Directional (or "panel") antenna(e) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic antenna(e) (or dish) antenna(e) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Applicant shall mean both of the following, depending on the content: A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Average building elevation shall mean a reference datum on the surface topography of a subject property from which building height is measured. The reference datum shall be a point no higher than five feet above the lowest elevation taken at any exterior wall of the structure either prior to any development activity or at finished grade, whichever is lower, provided the reference datum is equal to or lower than the highest elevation at any exterior wall of the structure prior to development activity. Average slope shall mean the average grade of land within each land area representing a distinct topographical change. Baclcfill shall mean material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. Building shall mean a roofed structure used for or intended for human occupancy. Building mounted signs shall mean all of the following: wall mounted signs, marquee signs, under marquee signs and projecting signs. Bulkhead shall mean a wall or embankment used for retaining earth. Business college shall mean a post secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computers. Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. -3- Change of use shall mean a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: '~ ~ ~.',¥,i ~' ':~% ~,~,, ~ (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. Church, synagogue or other place of religious worship shall mean an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation shall mean those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation shall mean those family child care homes that qualify under section 22- 1069. College or university shall mean a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation shall mean the placement and arrangement of multiple providers' antennae and equipment on a single support structure or equipment pad area. Commercial recreation facility shall mean an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use shall mean the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial zones shall mean the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities shall mean any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: -4- (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse shall mean an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan shall mean the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line shall mean the interconnection of points having the same height above sea level. Convalescent center shall mean an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. Cross section (drawing) shall mean a visual representation of a vertical cut through a structure or any other three-dimensional form. Curb cut shall mean the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. Day care facility shall mean the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication shall mean the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted. Development activity shall mean any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Development permit shall mean any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Domestic animal shall mean an animal which can be and is customarily kept or raised in a home or on a farm. Domestic violence shelters shall mean housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic panner or significant other of the adult victim. -5- Dredging shall mean removal of earth and other materials from the bottom of a body of water or watercourse or from a wetland. Dredging spoils shall mean the earth and other materials removed from the bottom of a body of water or watercourse or from a wetland by dredging. Driveway shall mean an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. Dry land shall mean the area of the subject property landward of the high-water line. Dwelling unit shall mean one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following three types of dwelling units: ' (1) Dwelling unit, attached, shall mean a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached, shall mean a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked, shall mean a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. Easement shall mean land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property. EMF means Electromagnetic Field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter shall mean the structure associated with a PWSF that is used to house electronic swit.ching equipment, cooling system and back-up power systems. Erosion and deposition shall mean the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water. Essentialpublicfacility is any facility or conveyance which has the following attributes: (i) It is typically difficult to site due to unusual site requirements and/or significant public opposition; -6- (2) (3) (4) It is necessary component of a system, network or program which provides a public service or good; It is owned or operated by a unit of local or state government, private or nonprofit organization under contract with or receiving government funding, or private firms suoject to a public service obligation; It meets a general and/or specific category for facility types or individual facilities listed below in class I and class II essential public facilities. a. Class I: Facilities of a county, regional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, and which may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities may include, but are not limited to, the following: 1. State or regional education facilities (except minor branch facilities) a. Research facilities b. University branch campuses c. Community college 2. State or regional transportation facilities a. Light and/or standard rail lines b. Commuter terminals c. Transit centers d. Park and ride lots in residential zones 3. State or regional correctional facilities 4. Solid waste handling facilities (large scale) a. Transfer station b. Recycling center 5. Sewage treatment plants 6. Power plants b. Class Il: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In any cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to the following: -7- 1. Substance abuse facilities 2. Mental health facilities 3. Group homes/special need housing 4. Local schools a. Elementary school b. Middle school c. High school 5. Social service transitional housing a. Domestic violence shelter b. Homeless shelter c. Work-release Excavate or excavation shall mean the mechanical removal of soils and/or underlying strata. Family shall mean an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal 'guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). Family child care home shall mean a business regularly providing care during part of the 24-hour day to 12 or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children are placed. Fast food restaurant shall mean an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. Fence shall mean a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. -8- Fill material shall mean dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. Finished grade shall mean the final contour of the land surface prior to landscaping. Floor shall mean the horizontal surface inside a structure des'igned and intended for human use and occupancy. Geologically hazardous areas shall mean areas which because of their susceptibility to erosion, land-sliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: a. Any area with a combination of: 1. Slopes greater than 15 percent; 2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater seepage. bo Any area which has shown movement during the holocene epoch, from 10,000 years ago to present, or which is underlain by mass wastage debris of that epoch. Any are a potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. Those areas mapped as class u (unstable), uos (unstable old slides), and uts (unstable recent slides) by the department of ecology. g. Slopes having gradients greater than 80 percent subject to rockfali during seismic shaking. -9- (3) Seismic hazard areas are those nreas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions.occur in areas underlain by cohesionless soils of Iow density usually in association with a shallow groundwater table. (4) Steep slope hazard areas are those areas with a slope of 40 pement or greater and with a vertical relief often or more feet, a vertical rise often feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least ten feet of vertical relief. Glare shall mean both of the following: (1) The reflection ofharsh, bright light. (2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view. Government facility shall mean a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Grossfloor area shall mean the total square footage of ali floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. Ground floor shall mean the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. Group Home Type II shall mean housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under Group Home Type III in this section as a Group Home Type III, and any such home shall be sited according to the regulations contained within Type III classification. Group Homes Type II-.4: Maximum number of 12 residents including resident staff. Group Homes Type 11-B: Thirteen or more residents including residential staff. Maximum number to be determined on a case by case basis. The limitation on the number of residents in a Group Homes Type II shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(fJ(3Xb). -10- Group Homes Type III shall mean housing for adults that have been convicted of a violent crime against a person or property, or have been convicted ora crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These individuals are under the jurisdiction of the criminal justice system or have entered a pre- or post- charging diversion program. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs. Such category does not include full- time detention facilities. Hardship shall mean a current or impending health condition which requires a person to live in close proximity to, and/or share housing with a caregiver. Hazardous waste shall mean ali dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components (see RCW ch. 70.105). Hazardous waste storage shall mean the holding of dangerous waste for a temporary period (see WAC 173-303-040(85)). Hazardous waste treatment shall mean the physical, chemical or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)). Heat shall mean added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change. Heavy equipment shall mean high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower. Height of structure shall mean the vertical distance above the average building elevation measured to the highest point of the coping ora flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. High density residential use shall mean attached or stacked dwelling units on a subject property which contains at least 1,800 square feet of lot area per dwelling unit but not more than 2,399 square feet of lot area per dwelling unit. High density residential zones shall mean the following zones: RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Home occupation shall mean an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs. Horizontal dimension shall mean the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure. Hospital shall mean an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal -II- physical or mental conditions; and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended~iliti~ and/or training facilities. Hotel or motel shall mean a single building or group of buildings containing individual sleeping units intended for transient occupancy. Improvement shall mean any structure or manmade feature. Industrial use shall mean the uses allowed in the industrial zones and not permitted in any other zones of the city. Industrial zones shall mean the BP zoning district. Inoperable motor vehicle shall be any Vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be' operated legally on the public roads or is unable to move a distance often feet on level pavement under its own power. Institutional uses shall mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. Irrevocable license shall mean a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used with respect to a decision of the director of community development services or a decision of the hearing examiner issued under this chapter, shall mean the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury. Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quasi-judicial capacity, shall mean the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution. Junk shall mean old or scrap metal, rope, rags, batteries, paper, 'rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk or junked vehicle shall mean any vehicle substantially meeting at least two of the following conditions: (a) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or. missing wheels, tires, motor, or transmission; (b) Is apparently inoperable; (c) Is without a current, valid registration plate. -12- Junk-yard shall mean a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. Kennel shall mean an establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats. Land surface modification shall mean the clearing or removal of trees, shrubs, ground cover and other vegetation and all grading, excavation and filling activities. Landscaping shall mean the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Landward shall mean toward dry land. Linear frontage of subject property shall mean the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, linear frontage shall mean the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-way. Lot shall mean a parcel of land having fixed boundaries described by reference to a recorded plat; by reference to metes and bounds; Or by reference to section, township and range. Low density use shall mean a detached dwelling unit on a subject property that contains at least 7,200 square feet. Low density zone shall mean the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2 and Comparable zones in other jurisdictions. Major stream shall mean any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports a local or migratory fish population. Manufactured homes shall mean a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, i 976). Maximum lot coverage shall mean the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See section 22-946 et seq. for further details. Mean sea level shall mean the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. -13- Medium density use shall mean detached, attached or stacked dwelling units on a subject property which contains at least 3,600 square feet of lot area per dwelling unit but not more than 7,199 square feet of lot area per dwelling unit. Medium density zones shall mean the following zones: RS $.0, RM 3.6 and comparable zones in other jurisdictions. Microcell means a wireless communication facility consisting of an antenna that is either: (i) four feet in height and with an area of not more than 580 square inches; or (ii) ifa tubular antenna, no more than four inches in diameter and no more than six feet high. Minor facility means a wireless communication facility consisting of up to three antennas, each which is either (i) four feet in height and with an area of not more than 580 inches; or (ii) ifa tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream shall mean any stream that does not meet the definition of major stream. Moorage facility shall mean a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex Shall mean all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Natural features shall mean physical characteristics of the subject property that are not manmade. Natural materials shall mean materials chemically unaltered from their natural state. Noise shall mean the intensity, duration and character of sound from any and all sources. Nonconformance shall mean any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the City of Federal Way through the appropriate decision-making process required under this chapter. Nonliving ground cover shall mean gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance shall mean normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. -14- Nursing home. See "convalescent center." Occupant shall mean a person that legally occupies a structure or property. Odor shall mean stimulus affecting the olfactory nerves. Office use shall mean a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions. Office zones shall mean the PO, OP and CP zoning districts. Official notification boards of the city shall mean the bulletin boards in the public areas of city hall and other public locations as designated by city council. On-site hazardous waste treatment and storage facilities shall mean facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if: (1) The travel crosses the right-of-way at a perpendicular intersection, or (2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Open record hearing shall mean a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space shall mean land not covered by buildings, roadways, parking areas or other surfaces through which water can not percolate into the underlying soils. Ordinary high-water mark shall mean on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a -15- character distinct from that of the abutting uplands; provided that any tidal area where the ordinary high- water mark cannot be found based on the pr~~f.~is definition, the ordinary high-water mark shall be the line of mean high tide. Outdoor shall mean not contained within a building. Outdoor storage shall mean any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. Owner shall mean, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Parking area shall mean any area designed and/or used for parking vehicles. Parking space shall mean an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. Person shall mean any individual, partnership, association, corporation, unit of government or any other legal entity. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or receiption of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Preapplication conference shall mean a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations. Primary dwelling unit shall mean the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage. Primary vehicular access shall mean the major street from which the majority of vehicles enter the subject property. Principal use shall mean the primary or predominant use of any lot or parcel. - 16- Private club shall mean an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. Property line shall mean those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (i) The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of-way which is more than 21 feet in width, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section. If the subject property is not adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the director of the department of community development. (2) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (3) The side property line is any property line other than a front property line or a rear property line. Public park shall mean a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility shall mean the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director shall mean the director of the department of public works of the city. -17- Regulated lakes shall mean the following wetignds as shown in the King County Wetlands Inventory Notebooks, Volume 3 South: "~ii~'~;~i~i~~? (1) Lower Puget Sound 6, 7, 12, 15, 16 and 17. (2) Hylebos 2, 11, 13 and 16. Regulated wetlands shall mean those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas, with the exception of the following areas shown in the King County Wetlands Inventory Notebook, Volume 3 South: (1) Lower Puget Sound Beach; (2) Lower Puget Sound I and 51; and (3) Areas defined as a regulated lake. Methodology in the January 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands and subsequent United States Army Corps of Engineers regulatory guidance letters will be used for regulatory delineations of wetlands within the city. Although a site specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Relative shall mean persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yards shall mean the areas adjacent to and interior from the property lines and high- water mark of a lot. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Required yards are categorized as follows: (1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) High-water lineyard. That portion of a lot adjacent to and parallel with the high-water mark and at a distance landward therefrom established in this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards .... Residential u~e shall mean developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. -18- Residentialzone shall mean the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern shall mean commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. Retail establishment shall mean a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales, bulk shall mean a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (a) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (b) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (c) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking to building ratios. Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public. Right-of-way shall mean land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-of-way realignment shall mean the changing of the horizontal position of the improvements in a right-of-way. Roofline shall mean the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. Runoff shall mean the overland or subsurface flow of water. Schools shall mean institutions of learning, excluding those offering post secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools. -19- Shared access points shall mean a common point ot-vehmle access from a street to more than one lot or use. Significant natural vegetation shall mean any area containing a concentration of significant trees; any area'of significant biological importance; and any area containing dense, mature, native vegetation. Significant trees: A significant tree shall be defined as: (1) Twelve inches in diameter or 3 7 inches in circumference measured four and one-half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e,g. is not diseased, dying, or likely of falling into public open space or fight-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. [add diagram from pg 1628.3 here] Silt or sediment shall mean the soil particles mobilized and deposited by the processes of erosion and deposition. Single housekeeping unit shall mean an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than three persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not - 20 - be applied if it prohibits the city from making reasonable accommodations to disabled person in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). Single-use buiMing shall mean a building which contains one use. Small animals shall mean dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Social service transitional housing shall mean facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the family definition, may be permitted outright in all residential zones. Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number to be determined on a case by case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). Special needs housing shall mean housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as determined by the director of community development services. State environmental policy act shall mean RCW ch. 43.2 lC. Storm drainage shall mean the movement of water, due to precipitation, either surficially or subsurficially. Story shall mean the area or a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream shall mean a course or route, formed by nature, including those modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. Street shall mean both of the following: (1) A public right-of-way. (2) A vehicular access easement or tract. -21 - Street providing direct vehicle access shall mean the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is~the,~,~xt~rlor~reet that borders the complex and not an internal street surrounded by the complex. Structure shall mean anything which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Structural alterations shall mean any change in the supporting member of a building or structure. Structured parking shall mean parking provided on more than one level and within a structure, either above-or below-grade. Structured parking shall not include a surface parking lot. Subject property shall mean the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place. Support structure shall mean any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. Support structues may include the following: (1) Lattice wwer. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Tenant improvement shall mean any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. ThreshoM determination shall mean the decision by the responsible official (the community development services director) whether or not an Environmental Impact Statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). Topsoil shall mean the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Trade (or vocational) school shall mean a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics, construction, electronics, plumbing, chefs, upholstery, bartending. - 22 - Traffic control devices shall mean signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. Use shall mean the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in sections 22-596 through 22-878 is a separate use. Vehicle service station shall mean a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area shall mean an outside area which is used for the storage and/or display of operational vehicles. Vehicular access easement or tract shall mean privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. Waterward shall mean toward the body of water. Well head shall mean the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wholesale trade shall mean a commercial establishment which sells to retail establishments. Zones shall mean use zones as described in sections 22-596 through 22-878. Zoning map shall mean the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43, § 2(3.10), 2-27-90; Ord. No. 90-51, §§ l, 2, 3-27-90; Ord. No. 91-87, §§ 2--4, 2-5-91; Ord. No. 91-92, § 4, 4- 16-91; Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord. No. 91-113, § 3, 12-3-91; Ord. No. 94-223 § 3(A), 10- 18-94; Ord. No. 95-245, § 3(A), I 1-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295, § 3, 5-20-97; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord. No. 97-307, § 3, 12-16-97) Cross reference(s)--Definitions and rules of construction generally, § 1-2. - 23 - Exhibit B Federal Way City Code Sec. 22-335. Nonconforming signs. Sec. 22-335. Nonconforming signs. (a) Purpose. In order to ease the economic impact of this code on businesspersons with substantial investment in signs in existence on the date of adoption of this code, this section provides for up to ten years of continued use ora nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this ten-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597 which was legally in existence on the effective date of this code, February 28, 1990 but which does not comply with the sign regulations of Article XVIII, "signs" or any other sections of this code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in sections 22-1 and 22-1597 of this Code. (c) Legal nonconformance. (~) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (i) The sign was covered by a sign permit on the date of adoption of this code, if one was required under applicable law; or (ii) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this code. (2) Allowed All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. (1) Required A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in FWCC 22-335(E). (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the code, including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the c~e or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of section 22-1604. (e) ~4mortization. All legal nonconforming signs shall be discontinued and removed or made conforming within ten years from the effective date of this code, on or before February 28, 2000, and ali signs which are made nonconforming by a subsequent amendment to this code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this code, with a permit obtained, or be removed. A sign prohibited pursuant to section 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. ( f) Extension or exemption from amortization period. (1) ~4pplicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism.by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any when a hardship would result from its enforcement. (3) Who may apply, the property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (a) The sign is compatible with the architectural design of structures on the subject property. (b) The sign substantially complies with the requirements of the sign code for .the land use district in which it is located. For purposes of this subsection, "substantial compliance" shall mean that the height of the sign is within ten percent of the sign height required by Article XVIII of this code and that the sign area of the sign is within 20 percent of the sign area required by article XVIII of this code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; (c) The enforcement of this code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial -2- economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990 and June 6, 1995 in compliance with the existing sign code. (d) The sign complies with the city's minimum sign distance at intersection requirements pursuant to section 22-1151 et seq.; (e) If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; (f) It is consistent with the city' comprehensive plan; and (g) It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an application for a sign amortization exemption or extension through Process I, ~ of this code. (g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated; (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County Assessor; (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days; (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by section 22-1 of this code. -3- (6) Change in tenant. There has been ~~ia,~te, nant or business on the subject property. In connection with any multiuse or multitenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner's or tenant's building mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through Process II, Article VII of this code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Exemption. The city may elect not to apply any provisions of this section 22-335 if the removal of a sign would require the city to pay compensation under any federal, state or other law, including RCW ch. 47.42. (Ord. No. 90-43, § 2(165.35(5)), 2-27-90; Ord. No. 91-113, § 4(165.35(5)), 12-3-91; Ord. No. 92-135, § 3(165.35(5)), 4-21-92; Ord. No. 92-144, § 3(165.35(5)), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3, 12-16-97) Cross reference(s)-Sign regulations, § 22-1596 et seq. -4- Exhibit C Federal Way City Code Article XVI I I. Signs ARTICLE XVlll. SIGNS* *Editor's note-Ord. No. 95-235, § 4, adopted June 6, 1995, deleted former Art. XVIII, §§ 22-1596-22-1619, relative to signs, and enacted a new Art. XVIII to read ns herein set out. The provisions of former Art. XVIII derived from Ord. No. 90-43, § 2, adopted Feb. 27, 1990. Cross reference(s)--Sign, code and construction standards, § 5-281 et seq.; signs in parks and r~-~'eation areas restricted, § 11-85; sign nonconfornumce must be immediately brought into conformance with the applicable provisions of the zoning regulations, § 22-330; requirements for conformnnce of nonconforming signs, § 22-335; district regulations, § 22-571 et seq.; supplementary district reguintions, § 22-946 et seq.; required screening for root~op appurtenances, § 22-960; site distance requirements at intersections, § 22-1151 et seq. See. 22=1596. Purpose. It is the purpose of this article to balance public and private needs. Within this broad purpose are the following objectives: (1) Recognize the visual communication needs of all sectors of the community for identification and advertising purposes; (2) Promote a positive visual image of the City and protect property values by 1) encouraging signs that are appropriate and consistent with surrounding buildings and landscape in both scale and design, appropriate to the size of the subject property and the amount of street frontage adjacent to the subject property, and appropriate in relationship to the size of the building, and 2) discouraging excessive numbers of signs; (3) Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs; (4) Support and enhance the economic well-being of ali businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; (5) Assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement; (6) Consistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic values of the community, and that the unrestricted proliferation of signs can and does detract from the economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; and (9) (Ord. No. Provide for the elimination of billboard signs at~er a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights-of-way. 95-235, § 4, 6-6-95) Sec. 22-1597. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administrator means the director of community development or his/her designated representative. (3) Animated or moving sign means any sign that uses movement, by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene. Architectural embellishments - signs means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, Or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. Awning means a shelter proiecting from and supported by the exterior wall of the building and are constructed of a non-combustible framework and covered by a flexible or non-rigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. Awning or canopy sign means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also ("marquee sign.") Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "inflatable advertising device.") (-6-) (8) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. Billboard means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, government signs, or instructional signs. (-8-) (10) Building mounted signs means any sign attached to the fa.cade or face of a building or mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting signs. -2- (11) . Cabinet sien means a si~,n construomd~~fiaid material, or framework over or within which is secured the sion Copy, text exa0hics, or other sign elements. Cabinet signs may have either intericr or exterior illumination. (12) . Canot~v - buiidina means a rigid, multi-sided structure covered with fabric, metal or other material and ~upported by a building at one or more points or oxtremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent Oamoe, t or roof of the sunporting building is not included within the definition of a building canovv. (13) Canopy - freestanding means a rigid, multi-sided structure covered with fabric, metal, or other material and suooorted bv one or more oosts embedded in the ground. (~9-) (14) Canopy sign. See awning or canopy sign. Center identification sign means a building mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. ""(!6) Changeable copy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign. supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign. (-1-2-) (17) City means the City of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. (18) Clearviewzone means the definition set forth in section 22-1511 et seq. of this code for intersection sight distance requirements. (-14-) (19) Community service event or civic event means an event or oathering. (such as a food lest, concert, fun run at~qh-nnee~4~, cultural exhibition, or charitable fund raising event) sponsored by a private or public non-profit organization.. Sponsorino oroanizations can include, but are not limited to, inc. lud':ng a ~c. hc, c,l schools, churches, ot.-and/or civic fraternal organizations, theater and arts _m'oups. and charitable org0nizati0ns. Tho event may not be primarily for the purpose of selling or promoting merchandise or services. (--l-b) (20) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming soon" and "Open D0ring Construction" signs. (-1-6-) (21 ) Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. -3- Directional sign, on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (23) Electrical signs means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (24) Electronic changeable message sign means an electronica!!y activated sign whose message content, either whole or in part, may be changed by means of electronic programming. 0o-)(25) . . Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building mounted signs. (-2-10 (26) Facade means the entire building front including the parapet. (-zn-2-) (.27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (.28) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (:34-) (29) . Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (30) _ Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." (-z2~) (31 ) Frontage means the length of the property line along any public right-of-way on. which it borders. (-:2-79 (32) Frontage, building means the length of an outside building wall on a public right-of-way. ~ ()3) Fuelprice sign means a sign displaying the price of fuel for motorized vehicles. (--29-) (34) Graffiti means the inscription of symbols, works, or pictures by painting, spray painting or other means of defacing public or private property. (35) Grand Opening means a .promotional activity used by newly established businesses to inform the public of their location and services available to the community. A Grand Opening does not mean an annual or occasional promotion of retail sales or other services, and does not. include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. -4- (36) Groundmo~mtedsigo ~h~l.l me, aha oed~tal si~n. oole. pylon, monument sign, or any sign _nermnnently affixed tO th gro~)n~ ....... = ~ (37) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (31) (38) Height (ofa sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (39) Identification sign: A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (33) (40) Identification sign (subdivision): A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (34-) (41) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (42) . Incidental sign m.eans a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (43) . Inflatable advertising device means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. (-3-7-) (44/ . Instructional sign means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (45) Integral sien shall mean a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (46) Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (39-) (47) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic ~ design, size, heil~ht, or structure of the sign. (40) (48) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (49) Menu Board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-thru restaurant. -5- (44-) (50) (4-2-)(51) (43) (52) (-44-)(53) (45-) (54) (46-) (55) (4-7-) (56) (57) (40-) (58) (--50-) (59) (4+) (~o) Monument sign means a freestanding sign supported permanently upon the ground by a solid base u~..:__ .L ............ c_ ~_,:a t.__~ of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in 22-1602(C)(2), Figure 8.) Multi-tenant complex means a complex containing two or more used or businesses. Multiuse complex means the definition of"multiuse complex" set forth in section 22-1 of this code -- ' ........ t. .... , ........ :__ c:. ..... ........... t..._: ...... Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Nameplate means a nonelectric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. Off-site sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. Person means any individual, corporation, association, firm, partnership, or other legal entity. . Pedestal means freestanding signs supported permanently upon the ground by z,nc. or mc, re by a solid base ba7,¢3 of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base .~.:_L L ..... ~_ .... shall be equal to at least fifty percent of the sign width: (See drawing set forth in section 22-1602(D)(C)(1 ), Figure 6.) Point ofpurchase display or sign means an advertisement for adv¢,-'ti$ing of an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g. an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). -6- (62) . Pole orpylon signs means freestanding signs supported permanently upon the ground by poles or braces of materials ~~~co, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to anybuilding (See drawing set forth in section 22- 1602(-D)(CX 1), Figure 7.) ... Political sign means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (64) . Portable sign means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (65) Pre-opening si_eh shall mean a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g. "Coming Soon..." "Opening Soon...", etc.). (--56-) (66) Private advertising sign means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (67) Private notice sign shall mean a sign announcing a restriction or warning regarding the subject pro_oert¥, such as, but not limited to, "no trespassing" or "beware of dog." ~ (68) Projecting sign means a sign, other than a fiat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. (-~0(69) . Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. ~.j (70) . Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property. (-60-)(71) (-6+-)(72) · . Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. . Roof sign means any sign erected, constructed, or placed upon, over, or above the eaves or on the roof of a building or structure, excluding signs affixed to the face of a mansard style roof, and which is wholly or in part supported by the building. ~ (73) . Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graohics, graphic designs, figures, Iogos, or trademarks~ and/or written copy for the purpose off a) providing information or directions; or b) -7- promoting, identifying~ or advertising any place, building, use, business, event, establishment, product, good, or service, and includes ali supports, braces, guys~ and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. Ifa painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (-63-)(74) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, tm*rets;, figures, logos, 3y~bc,13, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. (44-)(75) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, teeters;, figures, logos, 3y.~. 15c,13, trademark and/or written copy is placed. (65) (76) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (-4fir) (77) Temporary sign means a sign not constructed or intended for long-term use. (4:r7-) (78) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. (79) Time and temperature sign means any sign that displays the current time and temperature, without any commercial message. (4,9-)(80~ Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90 degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (81) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall ora building with no copy on the side or edges. (83) Warning signs mean any sign which is intended to warn persons of prohibited activities such as "no tr.espassing," "no hunting," and "no dumping." -8- x,,.~t"'~x (84) Window signs mean all signs located inside and affixed to a window and intended to be viewed from the exterior of the.~i~,e: ~~* (Ord. No. 95-235, § 4, 6-6-95) See. 22-1598. Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, and all such signs must comply with the requirements of this chapter. (Ord. No. 95-235, § 4, 6-6-95) See. 22-1599. Permits. A. Permit requirements. No sign governed by the provisions of this code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to section 22-1599(C). An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this code, do not conform with this code's requirements may be eligible for characterization as nonconforming signs and for nonconforming sign permits under Section 22-335 of this code. B. Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to insure compliance with this code. C. Permit expiration and inspection. All si~n 0ermits ex0ire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance, All signs for which a permit wa~ issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. ~. D..~. Permit exceptions. (1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a chang~ble copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with ali of the following requirements: (a) Address identification with numbers and letters not more than ten inches in height. (b) Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. -9- (c) Barber poles. (d) Construction signs so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and ten feet in height. Covstruction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming soon" or "Open During Construction" sign per site entrance is also permitted. (e) Directional signs. On-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi- tenant complexes. Single tenant properties shall be reviewed on a case-by-case basis. Center or complex names or Iogos shall not comprise more than 20 percent of the total sign area. (f) Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate Iogos or other forms of advertising are also excluded from permit requirements. Ail flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size and bu~t not larger than 40 square feet in size. (g) Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. (4-) (h) Gravestones or other memorial displays associated with cemeteries or mausoleums. (j-) (i) Historical site plaques and signs integral to an historic building or site. (4e) (~ Holiday decorations displayed in conjunction with recognized holidays. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. (m) LD Instructional signs that do not exceed six square feet in area per sign face. (n-) (m) Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. (n) Integral signs when no more than one per building. (o) Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. -10- Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). ~'-'~,~*~,~,~ ~,:~ Nameplates not to exceed two square feet per sign face. Non-blinking small string lights which are part of decoration to be used in association with landscaped areas and trees. Point of purchase displays. Point of _ourchase signs are limited to two square .feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or. promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use. activity, or storate as authorized under article 2. division 8 of this code. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. Private notice signs. (w) (w) Real estate signs. (l) Off-site. The number of off-site real estate signs shall be limited to six per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. (2) On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. ('.9 (x) Temporary business signs for temporary business defined by section 9-386 of this code; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be -24 32 square feet per sign face. (-w-) (y) Under canopy signs not exceeding the width of the canopy and eight square feet in size and provided that a minimum separation exists between such signs equal to 20 lineal feet or more. -I1- (-x-) (z) Warning signs. ('~ (aa) Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on-site, business identification, hours of operation, address, and emergency information. ~. E_~. Temporary andspecial signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs--Permit Required." F. Government signs. The location, number, and content of signs used to identify government facilities must comply with the standards for commercial signs in that zone and be appropriate to the use. All signs must be approved by the city. Street and traffic signs are excluded from these requirements, Er. G__~. Residential Zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones--Permit Required." ~. H__:. Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration unless the sign is expressly exempt from such registration requirements. All signs exempt from the permitting requirements set forth in section 22-1599 shall be exempt from the registration requirements. The sign registration shall be issued in connection with a person's business registration pursuant to section 9-29 of this code or issued after the city has independently obtained the dimensions of the sign and other necessary information. Sign owners or users who, on the date of adoption of this code, have current business registrations are not required to apply to register their signs until the next renewal of their business registration. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. No permit fees will be charged in connection with such sign registrations. The city will assign a registration number to each sign upon issuance of the business registration; and approval of a sign registration application, c,r upc, n ...................... : 3~gn. The city shall affix the registration sticker containing the registration number to the face of the permitted sign. Upon issuance of a registration, the city will advise an applicant if his/her sign is in compliance with this code, is a legal nonconforming sign pursuant to section 22-335, or an illegal nonconforming sign pursuant to this code. Cm. I_. Bond. The city may require a bond under section 22-146 et seq. to ensure compliance with any aspect of this article. Sec. 22-1600. Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to section 22-1604 of this chapter: (a) Abandoned or obsolete signs. -12- (b) Animated or moving signs. (c) Banners, except as expressly allowed pursuant to Table I and section 22-1599(c)(2Xf) of this code. (d) Billboards. (e) Dilapidated, non-maintained signs. (f) Flashing signs, except electronic changeable message signs or changeable copy signs. (g) Graffiti. (h) Inflatable advertising devices, except as expressly allowed in section 22-1 $99(E). (i) Mylar balloons. (j) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (k) Off site signs except those expressly allowed in this chapter. (-k-) (I} Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this code. (-1-) (m) Portable signs except as expressly allowed in section 22-1599(C)(2). (-m-) (n) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e. features such as indoor pool, hot tub jz,¢u~,i, tubs, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.) 0v) (o) Right-of-way signs including any sign in a public right-of-way except governmental signs. (-o-) ~ Roof sign. ~ [.~ Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. ~ ~r~ Snipe signs. 09 rs) Vehicle signs including any sign attached to, or placed on a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identif~ a firm or its principal product on a vehicle operated during the normal course of business. (Ord. No. 95-235, § 4, 6-6-95) -13- Z < .< © < Sec. 22-1601. Signs in non-residential zon~df~tri~~. '~ A. Freestanding signs. A44 pPermit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. (1) High profile sign. (a) Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: (i) A minimum of 250 feet of frontage on one public right-of-way; (ii) A zoning designation of City Center Core (CC-C) or City Center Frame (CC-F), or Community Business (BC); (iii) A multiuse complex; and (iv) A minimum site of 15 acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (i) Pylon or pole signs; provided, however, that any pyio/i or pole sign must have more than one pole or structural support; (ii) Pedestal signs; (iii) Monument signs; (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A high profile sign shall not exceed the following maximum heights: (i) Pylon or pole sign--Twenty-five feet. (ii) Pedestal or monument signs--Twelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet. (iii) Tenant directory or kiosk signs--Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. -17- (d) Sign area. A high profile sign shall not exceed the following maximum sign areas: (I) Pylon or pole sign--Four hundred square feet for the total of sign faces with no one sign face exceeding 200 square feet. (ii) Pedestal or monument signs--One hundred twenty~eight square feet for the total of all sign faces with no one face exceeding 64 square feet. (iii) Tenant directory or kiosk signs--Fifteen square feet per sign face. (e) Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: (I) Pylon or pole sign--One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of- way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; (ii) Pedestal or monument signs--If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(I). In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and (iii) Tenant directory or kiosk signs--One sign per frontage on a public right-of-way. (2) Medium profile sign. (a) Criteria. A subject property that does not qualify for a high profile sign pursuant to section 22-1601(A)(1) and is not a low profile sign by being zoned Office Park (OP) or Professional Office (PO) pursuant to section 22-1601(A)(3) is permitted a medium profile freestanding sign. (b) Sign type. The following sign types are allowed for a medium profile sign: (i) Pedestal signs; and (ii) Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. The height of a medium profile sign shall be calculated at the rate of .75 feet in the sign height for every ten lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign -18- height for every ten lineal feef~ffffi~~ a public right-of-way for any multi-tenant complex and provided, further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. (d) Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of S0 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. (e) Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign. (3) Lowprofile sign. (a) Criteria. A subject property located in the Office Park (OP) or Professional Office (PO) is permitted a low profile freestanding sign. (b) Sign type. The following sign types are allowed for a low profile sign: (i) Pedestal signs; (ii) Monument signs; and (iii) Tenant directory signs. Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A low profile sign shall not exceed the following maximum heights: (i) Pedestal or monument signs--Five feet. (ii) Tenant directory signs--Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be ten feet. (d) Sign area. (i) Pedestal or monument signs--Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right- of-way; provided, however, that a iow profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no -19- one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. (ii) Tenant directory signs--Fifteen square feet per sign face. (e) Number of signs. A subject property qualifying for a Iow profile sign may have the following maximum number of signs: (i) Pedestal or monument signs--One sign per frontage on a public right-of-way; and (ii) Tenant directory signs--One sign per frontage on a public right-of-way. (4) Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using Process ~ III. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the applicants were one multi-tenant complex. B. Building mounted signs. (1) Sign types. The following may be building mounted signs and are allowed in all non- residential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; (f) Electronic changeable message signs; (g) Instructional signs; ' (h) Marquee signs; (i) Projecting signs; (j) Tenant directory signs; (k) Time and temperature signs; (l) Under canopy signs; and - 20 - (2) (3) (4) (m) Wall mounted signs. ' ':' : Any building mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. Sign area. The total sign area of building mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestandino si~n may have two additional w~li mounted ~igns. No one sign may exceed seven percent of the of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. Number of signs. The number of building mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall mounted center identification signs: Largest Exposed Building Face Maximum Number of Signs Less than 999 sq. ft. 2 1,000 -- 2,999 sq. ft. 3 3,000 -- 3,999 sq. ft. 4 4,000 and over sq. ft. 5 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an An-applicant [:, nc, t pcrm[ttzd tc, transfer -: ........ '-"-'-J ............... '- .... :-- "'" ...... '-":'J:--" ......... '-- ""' is allowed to move allotted signs, as calculated in subsection (4), from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building mounted signs subject to the size and separation requirements set forth in section 22- 1599(C)(2)(w) of this Code. -21 - C. Sign area multipliers. The sign area and sign number allowed, as set forth in section 22- 1601(A)(l)(d) for high profile signs, (2)(d) for medium profile signs, and (3)(d) for iow profile signs and section 22-1601(B)(3) for building mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building mounted signs, the total sign area allowed may be increased by 25 percent. (3) (Ord. No. A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96) Sec. 22-1602. Construction standards. A. Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy,vires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. B. Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than three feet from the subject property line in all other zones. C. Dimensional and design standards. (1) Pedestal, pole orpylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs: A > = 50% of B A > = 50% of D B = HEIGHT OF SIGN (Maximum Height-- Sec. 22-1601) C > = 20% of B - 22 - Figure 6 .=Typo A Pedestal B -- HEIGHT OF SIGN (Maximum Height -- Sec. 22-1601) C > = 20% of B E > = 4 INCHES Figure 7 -- Type B Pole or Pylon Sign (2) Monument signs. The following figures illustrate the dimensional standards for monument signs: Figure 8 -- Monument Sign A: MAXIMUM HEIGHT OF SIGH PER SEC. 22-1601 B: MAXIMUM = 200% OF A C: MINIMUM = 20% OF A D: EQUAL TO 100% OF B (3) Design criteria. (I) Sign base: The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to the administrator's approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. (ii) Sign face: The color, shape, material, lettering and other architectural details of the sign face must be harmonious with the character of the primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator if he or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face. D. Location. No sign shall be so located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from buildings or parking areas. No sign shall be located within the clearview zone. - 23 - E. Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not require more than 200 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or decorative framing. At the time of planting, a minimum of 50 percent of the required landscaped area should be planted with Iow shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered. Such plantings can include, but are not limited to, evergreen shrubs, deciduous shrubs, vines, and ground cover or grasses. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case by case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under article XVII, landscaping, of this code. F. Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following: (1) Any exposed incandescent lamp with a wattage in excess of 25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (8) Ail illumination for externally illuminated signs must be aimed away from nearby residential uses and on-coming traffic. G. Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements: (1) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs. - 24 - (2) The distance between a sign and a property line shall be measured along a straight line representing the shortest distance between the sign and the property line. (Ord. No. 95-235, § 4, 6-6-95) Sec. 22-1603. Variance from sign code. A. Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application for a variance from the provisions of the sign code. B. Required review process. The city will review and decide upon applications for a variance to any of the provisions of this article using Process IV, Article VII of this Code. C. Criteria. The city may grant the variance only if it finds all of the following: O) The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property; (2) A sign package consistent with the provisions of this article would not provide the use or the business with effective signs; (3) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property located; (4) The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses which wish to use a standard sign; (5) The.special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and (6) The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is located. D. Conditions and restrictions. As part of any variance approval of a request under this section, the city may impose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable city regulations then in effect. The city may also require a performance bond under section 22-1599(H) to insure compliance with any such condition or restriction. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 97-291, § 3, 4-1-97) -25 -