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Council PKT 09-15-1998 Special/Regular City of Federal Way City Council Meeting AGENDA Co UN CILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Linda Kochmar Jack Dovey Michael Park Mary Gates Phil Watkins CITY MANAGER Kenneth E. Nyberg Office of the City Clerk SEPTEMBER 15, 1998 I. II. III. I. II. III. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 15, 1998 (www.ci.federal-..wzy. mz. us) ***** SPECIAL MRRTlNG - 4:30 p.m. CALL MEETING TO ORDER YOUTH COMMISSION INTERVIEWS ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATION a. b. Constitution Week Proclamation Economic DevelQpment Update CITIZEN COMMENT PLEA!;E COMPLETE THE PINK SLIP '" PRE!ŒNT m THE DEPUTY CLERK PRIOR m SPEA KING. Citir;ens may addrus City Council at this 1Ïm4. When ncognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and - your """'" and address for the ncord. lLEð£li LIMIT YOUR REMARK." TO THREE ß) MINUTES The Mayor may interrupt citizen comments that continue too long, n1ate negatively to other individuals, Dr an otherwise inappropriate. over please. . . V. CONSENT AGENDA (Items üsteJ below have bun previously rwiøw«l by a Council Commiltee of three members and brought before full Council for appruva~' all items will be enacted by one motion; individual items may be removed by a Cowtcilmembor for separale discussion and subsequent motion.) a. CD c. d. e. f. g. VI. VII. a. b. c. d. e. VIII. IX. x. XI. Minute.'IIS~tember 1 1998 Refular Meeting Council Bill #199/Solid Waste Franchise Rate/Enactment Ordinance Council Bill #201/1997 Uniform Code AdQption/FWCC Chapter 5 Amendment Enadment Ordinance City/School District EmeJ:&em;y Shelter Interlocal Agreement MilitaJ:Y Rd at Star Lk Rd So/SignaIi7.ation Project Bid Award So 304th St & Militm:y Rd So/Signal & Road Inwrovements Bid Award So 336th & SR 99/ J\pprove Rejection of Bids & Authorize Re-bidding of Prqject PUBLIC HEARING 1999-2000 P1"QpOsed Biennial Budget (2nd Preliminary Hearing for Citizen Suggestions) CITY COUNCIL BUSINESS Youth Commission Appointments Government Access Channel F.:qpipment RFQ Approval Le¡¡jslative A¡¡enda CDBG Contin¡¡enc:y Plan Pavilions Centre Acces!ÚSo 312th St CITY MANAGER REPORT CITY COUNCIL REPORTS EXECUTIVE SESSION Potential Liti¡¡ation/Pursuant to RCW 42 30 110(1)(i) ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT USTED ON THE AGENDA .. MEETING DATE: September 15,1998 ITEM# :JL- (CJ-) .".".".".""""'."'..""""""""'.""""""""""..."""""""""."'.".".""".. ................................. ........................................................ CITY OF FEDERAL WAY City Council AGENDA ITEM ...§Y..~.:J.~ ç .!..;.....çJ!Y.. ç.~ ~ ~~.i.I...M.e..e..~~.... g)~!I!l.~ !.e..!I. .... "."....""""... ....... ................................................... ........... CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................... ............................................................................................................................................................................... ......................................... ATTACHMENTS: Minutes for September 1,1998 regular meeting ....................................................................................................................................................................................................... ............................................. SUMMARYIBACKGROUND: Oft1cial City Council meeting minutes for permanent records punuant to RCW requirement. ....................................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: nla .""""...""."..""""""'.."'."'................"."".""""""""'".................................................................................................................................... . ..~.~~..~~~~~. ~~~.~~~~~~~~ ~ :...~i.~.~:~~.~il..~~~.~~.~~.~...IS4J..1 }~..................................... ........... APPROVED FOR INCLUSION IN COUNCIL PACKET: c!.ÌJL (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACfION: _APPROVED _DENIED - T ABLEDIDEFERRED/NO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION 1/ 1,ICDVERCC.5/14/96 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 1, 1998 - 7:00 PM ~~ <;)~ '; ***** MINUTES I. CALL MEETING TO ORDER Mayor Ron Gintz opened the regular meeting of the Federal Way City Council 7:02 PM in the Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar and Phil Watkins. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. ill. PRESENT A nONS a. SPIRIT Award/Months of August & September Jon Jainga was honored for his work on planning and development of the Knutzen Family Theatre. Jon was unable to accept his award at the August City Council meeting and was present to accept this evening. Gene Bridge was honored for the month of September for his hard work and dedication on the City's street overlay program. b. Youth Commission Introduction/Certificate of Apoointment Councilmember Jack Dovey presented a certificate of Appointment to Jennifer Graves who was appointed to serve a one year appointment on the Youth Commission. City Council Regular Meeting September 1, 1998 - Page 2 c. LDS Church Volunteers/Certificate of Annreciation Councilmember Jack Dovey presented a Certificate of Appreciation to Bishop Don Blackner of the Church of Latter Day Saints for their efforts at cleaning up the graffiti wall at Shurgard Storage bordering Celebration Park. IV. CITIZEN COMMENT Mayor Gintz stated that the citizen comments regarding the solid waste increase would be heard under the public hearing section and that those who wished to speak regarding the CDBG Funding Recommendations would be heard under the Council Business section. Bill Linehan, spoke in support of Police Officers in our schools 100% with one caveat regarding search and seizure. Mr. Linehan also commented on funding for social services stating that a city is it's people and that there are no crisis beds in Federal Way for teenagers. Mr. Linehan asked that the Council consider the people issues first. v. CONSENT AGENDA a. b. c. d. Minutes/August 11. 1998 Re¡,¡ular Meeting Voucher/Sentember I 1998 Monthly Financial Report/Month of July 1998 Lake Killamey Park Development Bid A ward Police Services at Federal Way & Decatur High Schools Council Bill #I98/So 336th/SR 99 Condemnation/ APPROVED ORDINANCE NO. 98-319 King County Contract/Solid Waste e. f. g. Council member Watkins pulled item (e) for discussion. MOTION BY COUNGLMEMBER GATES TO APPROVE THE CONSENT AGENDA ITEMS (a), (b), (c), (d), (t), AND (g). COUNCILMEMBER DOVEY SECOND. Motion passed as follows: Burbidge Gates Kochmar Watkins Dovey Gintz Park yes yes yes yes yes yes yes City Council Regular Meeting September I, 1998 - Page 3 Item (e): Police Services at Federal Way & Decatur Hil!h Schools Chief Woods responded to Councilmember Watkins' questions regarding the trial run of the officers at the schools. MOTION BY COUNCILMEMBER GATES TO APPROVE THE CONSENT AGENDA ITEM (e). COUNCILMEMBER WATKINS SECOND. Motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VI. PUBLIC HEARING Solid Waste Franchise Rate Review Staff Report Citizen Comment City Council Deliberation Mayor Gintz opened the public hearing at 7:25 PM and read a statement on conducting the public hearing. Mayor Gintz temporarily closed to the public hearing at 7:30 PM to allow for citizen comment from Mary Ellen Stone of King County Sexual Assault Resource Center. Ms. Stone thanked the Council and the City for their support of the agency. Mayor Gintz reopened the public hearing at 7:31 PM. Public Works Director Cary Roe gave a brief presentation regarding the proposed solid waste rate increases to both single and multi-family residences, the request for an RFP for an alternate vendor for recyclable material, and providing incentives to multi-family units to recycle. Mayor Gintz invited public comment at 7:50 PM. Lawrence Wilson, stated that Mr. Roe had done a good job answering most of his questions. Mr. Lawrence stated that his yard-waste pick-up was not accurate, that during the winter months he did not receive a pick-up every week. Mr. Lawrence also asked that the proposed increases be looked at closer. City Council Regular Meeting September 1, 1998 - Page 4 David Kaplin, stated that the city was bundling solid waste and recycling into the same package. He asked the City conduct the RFP first and then propose the increases, not visa versa. Michael Hellickson stated that the multi-family incentives didn't make any sense. He stated that landlords cannot control their tenant's recycling. Mr. Roe entertained council questions and addressed the citizen comments. MOTION BY COUNCILMEMBER GATES TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Council Bill #l99/Solid Waste Franchise Rate/Introduction Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ITS SOLID WASTE AND RECYCLING UTILITY SCHEDULE OF RATES AND RETAINAGES FOR SERVICE BY PROVIDING FOR A 1004% INCREASE IN THE COLLECTION RATES FOR COMMERCIAL AND RESIDENTIAL WASTE GENERATORS AND AN 1104 % INCREASE IN THE COLLECTION RATE FOR MULTIFAMILY WASTE GENERATORS, DIRECTING CITY STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR RECYCLABLE MATERIALS PROCESSING, AND AMENDING THE CITY'S FRANCHISE FOR SOLID WASTE AND RECYCLING AGREEMENT (AMENDS PREVIOUS ORDINANCE NOS. 93- 167,94-218, 97-287 AND 94-221). MOTION BY COUNCILMEMBER DOVEY TO MOVE ORDINANCE TO A SECOND READING ON SEPTEMBER 15, 1998. COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes City Council Regular Meeting September I, 1998 - Page 5 Vll. CITY COUNCIL BUSINESS 1999 CDBG Funding Recommendations Mayor Gintz called for public comment on the CDBG Funding Recommendations. Marilyn LaCelle, Valley Cities Counseling, requested funding for transitional housing for youth. Delores Swanson, asked if the funding for the proposed International District was all coming from public funds or if there would be any private funding. She also asked what was meant by "unique lighting" . Mayor Gintz stated that he would have staff address her questions. Donald Dokken, Habitat for Humanity, thanked the Mayor and City Council and gave some background on their program and requirements. Lisa Welch, Human Services Commission, stated that she is opposed to using human services money for the downtown at this time and hoped that the Council would consider the human services recommendations. Lawrence Wilson, stated that the City did not need another park and that the money should be put into the people. Bill Isabell, Mental Health Housing Foundation, asked the City to fund housing for the mentally ill. Stated that there are only eight beds for the mentally ill in Federal Way. Mr. Isabell thanked the Council for their time and consideration. Sandra Klungness, stated she was delighted to see the progress that the City was making on giving itself an image, but urged the Council to consider housing for the mentally ill. Toni Kuciemba, expressed her support for the Human Services Commission recommendations and implored the Council to consider the human factor and fund housing for the mentally ill. Patricia Crocker, thanked the Human Services Commission for their recommendation to approve funding for dental care. Mayor Gintz read into the record comments of Leslie Richardson in support of housing for the mentally ill. City Council Regular Meeting September 1, 1998 - Page 6 Michael Hellickson, stated that he was amazed that the Council was even considering using this funding to develop the International District and that the funds should be used for human services. Community Development Director Greg Moore clarified that downtown revitalization is eligible under the CDBG grant criteria and stated that what is meant by unique lighting for the International District is lighting that would provide safety and have distinctive character. MOTION BY COUNCILMEMBER BURBIDGE FOR FULL APPROVAL OF THE PUBLIC SERVICE CATEGORY INCLUDING THE CARES PROGRAM OF CHILDCARE SUBSIDIES IN THE AMOUNT OF $49,290; DOMESTIC VIOLENCE ADVOCATE PROGRAM IN THE AMOUNT OF $21,648; FEDERAL WAY DENTAL ACCESS PROGRAM OF THE COMMUNITY HEALTH CENTER IN THE AMOUNT OF $12,600. FURTHER MOVED TO APPROVE FULL FUNDING OF THE PLANNING/ADMINISTRATION FUNDS AS RECOMMENDED BY THE HUMAN SERVICES COMMISSION IN THE AMOUNT OF $73,133. FURTHER MOVED FULL APPROVAL OF SIX OF THE NINE CAPITAL PROGRAMS AS RECOMMENDED BY THE HUMAN SERVICES COMMISSION INCLUDING THE FACILffiES REHABILITATION OF THE FEDERAL WAY BOYS AND GIRLS CLUB IN THE AMOUNT OF $34,742; HABITAT FOR HUMANITY OF SOUTH KING COUNTY IN THE AMOUNT OF $40,000; SOUTHRIDGE HOUSE WHICH PROVIDES ELDERLY AND DISABLED HOUSING FOR LOW-INCOME PEOPLE IN THE AMOUNT OF $83,400; KING COUNTY REHABILITATION PROGRAM (FUNDS AVAILABLE ON A SLIDING SCALE) WHICH ASSISTS WITH LOW-INCOME HOUSING IN THE AMOUNT OF $140,000; PARKVIEW GROUP HOMES FOR THE ACQUISITION OF HOUSING FOR DEVELOPMENTALLY DISABLED ADULTS IN THE AMOUNT OF $22,500; AND HOUSING REHABILITATION FUNDS FOR THE SOUTH KING COUNfY MULTI-SERVICE CENTERS - VICTORIAN PLACE n APARTMENTS IN THE AMOUNT OF $20,000. FOR A TOTAL OF $340,642.00 IT WAS FURTHER MOVED TO APPROVE PARTIAL FUNDING OF THE REMAINING THREE APPLICATIONS OF THE CAPITAL PROGRAM RECOMMENDED BY THE HUMAN SERVICES COMMISSION INCLUDING: $5,000 FOR THE RUTH DYKEMAN CHILDCARE PROGRAM TOWARD THE NEW CONSTRUCTION PROGRAM; $10,000 TO THE V ALLEY CITIES COUNSELING AND CONSULTATION FOR THE ACQUISITION OF THE NEW FACILITY; AND $40,000 FOR THE MENTAL HEALTH FOUNDATION FOR MENTAL HEALTH HOUSING. FINALLY, IT WAS MOVED TO APPROVE THE BALANCE OF THE FUNDS AVAILABLE TO BE ALLOCATED FOR THE REVITALIZATION OF THE DOWNTOWN AREA COVERING COMMUNITY DEVELOPMENT, URBAN RENEWAL, AND BLIGHT City Council Regular Meeting September I, 1998 - Page 7 REMOV AL IN THE AMOUNT OF $99,283.00. COUNCILMEMBER DOVEY SECOND. Councilmember Dovey stated that the International District is not a park - it is an economic development issue and that putting money into business is putting money into the people. He stated that he would support the motion and asked that the Council earmark a certain portion of the CDBG money for economic development each year. Councilmember Gates stated that she supports the motion and that it meets all of the objectives that the Council passed including urban renewal. Council member Kochmar asked that the Council not grant the needs of one group to the detriment of another. She asked that the Council approve the recommendations of the Human Services Commission in full. MOTION BY COUNCILMEMBER KOCHMAR TO AMEND THE MOTION TO RESTORE FULL FUNDING RECOMMENDATION TO THE MENTAL HEALTH HOUSING ALLOCATION TO $54,283.00. COUNCILMEMBER WATKINS SECOND. Council member Parks stated that while he supports the International District he would not support the motion. He stated that the International District is an economic development issue, but he could not support the motion this year. Mayor Gintz stated that this funding should not be portrayed as a contest. He stated that the CDBG Funding is not human services funding - human services funding deliberations are starting now. Mayor Gintz stated that CDBG stood for Community Development Block Grants which include economic development issues. Mayor Gintz stated that there needs to be a balance and he supports Councilmember Burbidge's motion. Council member Kochmar stated that the amendment on the floor is to restore full funding to mental health housing and asked for a roll call vote. The amendment failed 4-3 as follows: Burbidge Gates Kochmar Watkins no no yes yes Dovey Gintz Park no no yes SECOND MOTION BY COUNCILMEMBER KOCHMAR TO AMEND THE MAIN MOTION TO RESTORE THE FULL FUNDING RECOMMENDATION TO THE RUTH DYKEMAN CHILDCARE PROGRAM TO THE AMOUNT OF $25,000 AND TO RESTORE THE FULL FUNDING RECOMMENDATION TO V ALLEY CITIES TO THE AMOUNT OF $75,000. COUNCILMEMBER W ATKINS SECOND. Council member Kochmar asked for a roll call vote. City Council Regular Meeting September I, 1998 - Page 8 The amendment failed 4-3 as follows: Burbidge Gates Kochmar Watkins no no Dovey Gintz Park no no yes Council member Burbidge's main motion passed 4-3 as follows: Burbidge Gates Kochmar Watkins yes yes yes yes no no Dovey Gintz Park VIII. INTRODUCTION ORDINANCE yes yes no Council Bill #20111997 Uniform Code Adootion/FWCC Chaoter 5 Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 5 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 1997 UNIFORM CODES. (AMENDING ORDINANCE NOS. 90-33, 92-143 AND 95-234) Deputy City Clerk Laura Ulanowski read the ordinance title. MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND READING ON SEPTEMBER 15, 1998. COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park IX. CITY MANAGER REPORT yes yes yes City Manager Ken Nyberg stated that City Hall would be closed on September 7, 1998, for a holiday observance, and he stated that the City of Federal Way recently received the 1997 State Auditors report and for the 4th year in a row the City received no findings. Mr. Nyberg thanked Finance City Council Regular Meeting September 1, 1998 - Page 9 Director Iwen Wang, Deputy Finance Director Marie Mosley and their staff on their excellent work. Mr. Nyberg stated that there would be an executive session on property acquisition and th~t action was expected. x. . CITY COUNCil. REPORTS Councilmember Dovey stated that the next meeting of the ParkslRecreationlPublic Safety and Human Services Committee would be September 14th. Mr. Dovey thanked the staff and volunteers for their work at Family Fest. Councilmember Watkins stated that the next meeting of the Land Use!Transportation Committee wouìd be September 14th. Councilmember Burbidge stated that she would be attending a meeting at Sound Transit. Councilmember Gates stated that she attended a Suburban Cities Association meeting and that there were 30 votes in favor of the Regional Governance Legislative Agenda. Ms. Gates stated that the next meeting of the FinanceÆconomic DevelopmentlRegional Affairs Committee would be September 15th. Councilmember Koclunar thanked the staff and volunteers for their work at Family Fest. Ms. Koclunar stated that she would be attending an A WC conference on September 8th and the WFOA conference the week of September 15th. Councilmember Parks stated that the Hachinohe visit went well, and thanked staff and volunteers for Family Fest. MOTION BY COUNClLMEMBER WATKINS TO SUSPEND THE RULES TO ALLOW THE MEETING TO CONTINUE PAST 10:00 PM. COUNClLMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Kachmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Council adjourned into Executive Session at 9:53 PM for thirty minutes. XI. EXECUTIVE SESSION Propertv AcquisitionlPursuant to RCW 42.30.110(1 )(b) City Council Regular Meeting September 1, 1998 - Page 10 At 10:20 PM Deputy City Manager Philip Keightley announced the Executive Session would be extended by ten minutes. Mayor Gintz reconvened the regular meeting at 10:25 PM. MOTION BY COUNCILMEMBER WATKINS TO DIRECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO EFFECT THE PARTIAL RELEASE OF A DRAINAGE EASEMENT OVER PROPERTY OWNED BY THE CLUB WEST APARTMENTS, SUBJECT TO THE REQUIREMENT THAT THE PROPERTY OWNER PAY THE CITY ONE-HALF THE F AIR MARKET VALUE OF THE PROPERTY TO BE RELEASED FROM THE EASEMENT, AND SUBJECT TO THE PROPERTY OWNER'S AGREEMENT THAT, SHOULD THE CITY BE REQUIRED TO PERFORM ANY WORK WITHIN THE EASEMENT, THE PROPERTY OWNER WILL COMPENSATE THE CITY FOR ANY COSTS INCURRED IN PROTECTING THE BUILDING LOCATED ON THE PORTION OF THE EASEMENT TO BE RELEASED. COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Kachmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes XII. ADJOURNMENT There being no additional business to come before Council, Mayor Gintz adjourned the regular meeting of the Federal Way City Council at 10:26 PM. Laura Ulanowski, Deputy City Clerk Ie;' MEETING DATE: September,Y,1998 ITEM# ~~ ~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Solid Waste Franchise Rate Review BUDGET IMPACT: CATEGORY: X CONSENT ,,;ðORDINANCE .~ ~BUSINESS ~HEARING _FYI RESOLUTION _STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum to the August 25, 1998 meeting of the Finance, Economic Development, and Regional Affairs Committee Projected 1999 Proforma (Attachment 1) Proposed Rates and Retainage Rates (Attachment 2/revised) Excerpts from the Solid Waste Franchise Agreement (Attachment 3) mI?r~~t.~~~iJ1.~I1~~f()~i\.~()p'~i<J.l1u<J.~~~yis~~It~t~~chedule..m."."Um. . SUMMARYIBACKGROUND: Federal Way Disposal (FWD) last received an operational rate increase in September 1994, in the amount of 8.24%. In early 1995, FWD requested a rate increase for curbside yard waste collection in order to pass through increased tipping fees charged at the composting facility. Since that time, two separate "yard waste only" rate increases were passed through (in April 1997 [16.8%] and January 1998 [6.8%]). The April 1997 rate increase also included a pass-through of a King County tipping fee increase in the amount of 5.2% for waste disposal services. In addition to these rate adjustments, in September 1996, FWD requested a rate increase to offset its operating costs. The results of this rate review project a 10.4% rate increase for solid waste and recycling services along with an 11.4% increase for multi-family solid waste services. The attached memorandum is a synopsis of the City's response regarding FWD's request Please note that Attachment 2 contains revised text regarding temporary collection and special dispatch services, as well as corrected rates (as denoted by strikeout/underline). The attached draft Ordinance would adopt the rate increase and changes to the Franchise Agreement regarding servIces. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 25, 1998 meeting, the Finance, Economic Development, and Regional Affairs Committee approved of forwarding the following recommendations to the September I, 1998 City Council: 1. The Committee recommends that the City Council adopt the findings of the rate review process and study, including the development of New Service Rates more fully identified in Attachment 2. The Committee further recommends that an Ordinance incorporating these rates be developed and forwarded to the City Council for consideration and a public hearing on September I, 1998, while scheduling a second reading on September 15, 1998. 2. The Committee recommends that the City Council direct staff to implement a Request for Proposals for an alternate vendor to process recyclable materials collected curbside by the franchised hauler, as outlined in this memorandum. 3. The Committee recommends that the City Council adopt the proposed changes to the Franchise Agreement contained in Attachment 3, with the intention of enhancing recycling program participation levels at multi-family complexes. The Committee recommends that the City Council adopt the proposed Multi-Family Recycling Program incentive rates. ...,..................,.......",.".,.",..."",.............."""""';""""""""",""""""""";';""""""""'"':"':;¿~~:::~-:¡'~:':'L~r.:;~;.) ",<., CITY l\:1ANAGJj:R REÇOMMENDATION: At.,....v-< «-« 1+ 'U~~~~ '1~è~ " ,:t ~.~, ~, ~~~~ :'..C,~ ~':". ~<..................""",..........;~, ¡.. &'eM rl(4lai",.., .., ".......... APPROVED FOR INCLUSION IN COUNCIL PACKET: ( ¡'1\v.: 4. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDfDEFERREDINO ACTION /99 9/( / '}ý L',oun,il\agdbill,' 199R'ca,,-indwd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date. To August 25, 1998 Finance, Economic Development and Regional Affairs Committee From Cary Roe, Public Works Director Rob Van Orsow, Solid Waste & Recycling Coordinator Subject: Federal Way Disposal Rate Review Action Requested: The Conunittee recommends that the City Council adopt the findings of the rate review process and study, including the development of New Service Rates more fully identified in Attachment 2. The Committee further recommends that an Ordinance incorporating these rates be developed and forwarded to the City Council for consideration and a public hearing on September I, 1998, while scheduling a second reading on September 15, 1998. 2. The Committee reconunends that the City Council direct staff to implement a Request for Proposals for an alternate vendor to process recyclable materials collected curbside by the franchised hauler, as outlined in this memorandum. The Committee recommends that the City Council adopt the proposed changes to the Franchise Agreement contained in Attachment 3, with the intention of enhancing recyeling program participation levels at multi-family complexes. 4. Thc Conunittee recommends that the City Council adopt the proposed Multi-Family Recycling Program incentive rates. APPROVAL BY COMMrTTEE: ) I /h¿r.&l""cC Committ e Chair ~../ ~LccJ~.' ~."L'H--./ C mmittee Menlber " /.J }-~~.../ \'),¿Ui~Îv Committee Memher ¡,/ _ITY OF .::=. . ED~ ~~ AY" DATE: August 24, 1998 TO: Mary Gates, Chair Finance, Economic Development, and Regional Affairs Committee FROM: Cary M. Roe, Public Works Director ~ Rob Van Orsow, Solid Waste & Recycling Coordinator SUBJECT: Federal Way Disposal Rate Review Background: The City Council has established a solid waste rate-setting policy that allows validated increases in yard waste and refuse tipping fees to be passed through directly to rate payers without formal City Council approval. The City's franchised hauler, Federal Way Disposal (FWD) must request s~parate rate increases to offset its own operating cost increases. FWD's rate increase requests are reviewed by staff and then forwarded to the City Council for consideration. FWD last received an operational rate increase in September 1994, in the amount of 8.24%. In early 1995, FWD requested a rate increase for curbside yard waste collection in order to pass through increased tipping fees charged at the composting facility. Since that time, two separate "yard waste only" rate increases were passed through (in April] 997 [] 6.8%] and January] 998 [6.8%]). The April] 997 rate increase also included a pass-through of a King County tipping fee increase in the amount of 5.2% for waste disposal services. In addition to these rate adjustments, in September ] 996, FWD requested a rate increase to offset its operating costs. This memorandum is a synopsis of the City's response regarding FWD's request Note that an additional King County tipping fee increase is scheduled to take place January], 1999. This increase is slated to pass directly to rate payers consistent with the above discussed policy. The King County tipping fee increase is estimated to require approximately $250,000.00 of additional annual revenue, or approximately a 4.5% increase in rates for solid waste disposal services. Section I. Financial Review In conjunction with this review, staff analyzed documentation relating to FWD's rate increase request, with assistance provided by the consulting firm hired by the City, Sound Resource Management Group (SRMG) The analysis focused on financial records from all of FWD's allied 40-] companies (seven separate corporations collectively known as the "Bayside Group"). Records from allied companies were reviewed in order to determine how operating and administrative costs are shared among the various companies. As a result of this review, FWD will implement several changes to its accounting practices (in areas such as depreciation allowance, personnel tracking, and the allocation of administrative costs). The chief product of this review is an annual proforma "budgets" that predict operating costs for FWD through the term of this franchise agreement (the end of 2001). These proformas are the basis for rate model calculations. A financial review of this scope and magnitude performed by a municipality of a solid waste franchise is relatively rare and as a result has lead to a time consuming learning experience for both parties. Review of items such as disposal cost "discounts," processing fees for recycled materials, equipment purchases and replacement, and labor requirements, resulted in more focused analyses, each in turn adding to the complexity of the overall task and effort. Attachment 1 summarizes the projected 1999 proforma operating costs, administrative cost allocation, and revenue requirements resulting from this financial review. More detailed documentation of the review is contained in the report prepared by SRMG. Results and Projected Rate Increase The 1994 rate review established a rate of return in the range of 8% to II %, excluding disposal costs. In the current rate review, franchise retainage is also excluded. This means that FWD is not allowed to make a profit on the pass through of disposal costs or the retainage it provides the City for the right of exclusive operations in Federal Way. The following revenue figures are broken out into two parts and are based upon FWD receiving an agreed-upon rate of return for their operations: 8% (the minimum rate of return) for 1997, and 9.5% (the mid-range of the rate of return) for 1998 and 1999. The first part of the proposed rate adjustment equates to a 2.87% increase to cover the 1997/98 shortfalls in operating costs and rate of return. The recovery of the shortfall is proposed to be spread over the remaining term of the Franchise Agreement. The second part of the proposed rate adjustment equates to a 7.53% increase to cover the base operating costs and rate of return for the projected 1999 proforma. The overall proposed rate adjustment results in a 10.4% increase in rates, as summarized in the following table. 40-2 Federal Way Disposal Projected Rate Increase Effective 11/1/98 Total Description 1997 1998 1999 Amount Rate Explanation 1997/1998 þperating Shortfall ($13,958) $36,177 $0 $22,219 0.12% Operating loss (profit) for '97 & 10 mths '98 ate of Return Shortfall 241,306 249,109 0 490,415 2.75'A Profit @ 9.5% in 1998&8% in 1997 91t91Îrate requirement 227,348 285;286 ........ 1999 )perating Shortfall 0 0 117,903 117,903 2.09% Projected ongoing operating loss ~ate of Return Shortfall 0 0 306,007 306,007 5.43% Projected ongoing profit @ 9.5% 99r~te requirement II 0 423,11111 423:91.11 7,53"A ötill'RåteReilÙ¡l'emsrit $22)'348 12'852'86 $42'39111 $936544 10;40~ 9WI'røþosed R"tel""r~M~ Based on anticipated City Council action in mid-September, the proposed increase would be effective November I, 1998, in compliance with public notification requirements. The proposed overall rate adjustment of 104% is equally distributed among commercial and residential waste generators, except in areas targeted with more focused rate changes for the reasons outlined in Section II of this memorandum. Processing Costs for Recyclable Materials FWD, through their allied company, Recycling Northwest (RNW), processes and markets the recyclable materials collected in Federal Way. These items have essentially been presorted by residents, with FWD drivers further sorting the materials into a total of six components while loading the materials into their trucks. These components include newspaper, mixed paper, glass, and a mixture of aluminum cans, steel cans, and plastic bottles FWD delivers these presorted materials to RNW's facility, which then further processes these materials and markets them. Based on the 1994 rate increase process, staff understood that the revenue resulting from the sale of this material would be returned to the rate base It became evident during this financial review that FWD's allied company, Recycling Northwest, retains this revenue. FWD refuses to credit this revenue back to the rate base, although FWD did agree to a reduction in the processing and marketing cost from $57.50 per ton to $3100 per ton as a result of this rate review. Setting the processing fee at $3100 per ton for presorted recyclable materials, with no return of revenue to the City's rate base, does not reflect recent experience of other programs in the region. For example, the City of Tacoma recently negotiated an agreement with Tacoma Recycling Company with set processin5 fees at $3100 per ton for completely commingled (mixed) recyclable materials, with an anticipated $20.00 to $40.00 per ton net return of revenue. Commodity revenues will be based on published recycling trade price indices. In essence, the net revenue (or cost) to Tacoma will range from about +$9.00 to -$11.00 per ton for mixed materials. Although differences exist between the two Cities' programs, an arrangement similar to this, with a break-even for processing cost and revenue credit, could save roughly $135,000.00 in curbside recycling processing cost expenses per year. This savings would be partially offset by increased hauling costs to access an alternate processor. 40-3 u. FWD would continue to process the materials collected from multi-family complexes, since it is commingled with recyclables collected from the commercial sector (which is excluded from the City's rate setting authority), and there is no economical way to reroute collection of these materials to keep these two streams separate. However, if the City were to realize a significant reduction in processing costs beyond $31.00 per ton by bidding out this work, it would be in the City's best financial interest to address the multi-family recycling material processing with FWD. One of the recommendations contained in this memorandum is that the City Council direct staff to prepare a Request for Proposals (RFP) packet with the intention of entering into an agreement with an alternative vendor to process and market these recyclable materials. Staff has already requested data from FWD (on additional trucking costs and various hauling options) to factor into this RFP. Staff is prepared to complete the RFP process and negotiate an agreement before the end of 1998. The results of rebidding the processing component could partially offset the disposal fee increase already slated by the King County Council, scheduled to take effect January 1, 1999. Section U. New Service Rates Multi-Family Recycling Program Rate Incentive Over the past two years, City and FWD staff have focused on enhancing multi-family recycling programs. These efforts include: developing education materials for residents and property managers, working with property managers to aid in recycling program implementation, remodeling enclosures at participating sites to meet space requirements for recycling containers, and modifying recycling containers with lids, chutes, and decals to make their use easier. The goal of these efforts is to initiate or expand recycling services at all complexes. Barriers to overcome with multi-family recycling include: space limitations, frequent management and resident turnover, and lack of financial incentives to recycle. Recycling is optional at multi-family complexes, and in many cases the fee differential between the mix of proposed recycling and existing solid waste service is inadequate to expand recycling programs. The proposed rate incentive would raise the rate for garbage service in this sector by an additional 1 % over the proposed 10.4%, to total 11.4%. At the same time, rates for recycling services would remain unchanged in this sector. The revenue generated by the additional I % rate will offset the cost of potentially doubling the sector's existing recycling volume based on current rates. Since almost two-thirds of multi-family complexes have yet to implement recycling services, doubling existing recycling volume should be readily achievable through the combined outreach efforts. This rate incentive is expected to be revenue neutral for FWD. King County's January 1999 tipping fee increase pass-through, which will also only impact disposal services, will further reinforce this incentive. The proposed rates are included in Section C of Attachment 2. The garbage and recycling service fee differential for multi-family complexes may need to be modified in the future based on the effectiveness of this rate incentive. In addition to this proposed rate structure, several modifications to the existing franchise agreement are warranted to clarify the City's authority regarding multi-family rate establishment. FWD already operates in compliance with these proposed changes. The text changes are contained in Attachment 3, and clarify definitions the terms of terms "multi-family," "non-residential," and "commingled recyclable materials." Commercial Compacted Material Rates Rates for commercial compacted material service (for one to eight cubic yards in size) have never been established ùy the City. These rates are higher on a per volume basis to reflect the increased density of the compacted refuse, 4D-4 however, these rates will allow businesses who own and maintain compactors to realize savings from reduCt'rI service frequency as compared to standard container (uncompacted) service. At present, there are very few accou of this type in Federal Way, so the impact of this rate on overall revenue generation is expected to be minimal. These rates in Section D of Attachment 2 are similar to those established by the Utilities Commission in area communities. As use of this service expands, the resulting revenues will be factored into future rate reviews. Temporary Service Rates Rates for temporary container service (for one to eight cubic yards in size) have also never been established by the City. Based on the proposed rates, the rates in the "Temporary Container Services" section in Section E of Attachment 2 were calculated using the equivalent per service rate and pro-rated container rent, along with a $3.00 premium to allow for one-time billing and rerouting costs. These rates are in keeping with rates established by the Utilities Commission in area communities. Return Trip Charge Return trips are often requested when containers were blocked or when requested by customers with lapsed billing who have made their account whole. This charge is waived in instances where the need for the return trip was caused by FWD's error (such as a missed pick up) or by circumstances beyond the customer's control. Return trip charges have remained constant since mid-1988. FWD requests that return trips increase from $3.75 to $10.50 for residential service to better reflect the actual cost of taking a vehicle off route to make a special trip. FWD also requests that return trip rates for commercial service increase from $8.80 to $12.50 for standard containers and from $14.25 to $32.50 for drop-boxes. These rates are shown in Section 1 of Attachment 2. Recommendations 1. The Committee recommends that the City Council adopt the findings of the rate review process and study, including the development of New Service Rates more fully identified in Attachment 2. The Committee further recommends that an Ordinance incorporating these rates be developed and forwarded to the City Council for consideration and a public hearing on September I, 1998, while scheduling a second reading on September 15,1998. 2. The Committee recommends that the City Council direct staff to implement a Request for Proposals for an alternate vendor to process recyclable materials collected curbside by the franchised hauler, as outlined in this memorandum. 3. The Committee recommends that the City Council adopt the proposed changes to the Franchise Agreement contained in Attachment 3, with the intention of enhancing recycling program participation levels at multi- family complexes. CMR\RMV:km attachments K:\FEDC\1998\RATE-INc.FWD 4D-5 SomA"~ p""..... S....- IFed..a' Way Disposal -1999 Pro Forma PRO FORMA exPENSES I Tm'kIR.....C.'" "ok 00 KN"" ""."'eIR -"" . O",.mWo . Bon.... .2.'R.IIofD"'.m .F",R"""dH. m -D8Co,""",S, Mo., .TwoJ.,m m"MKh"'" -on. Moch"", H -D."""" P""" .D"Pa"'Em .. - ".. RSM S, Nioo< - ..... Pa m"lf., L&' .Tm"F'" -T""'Tm . Tm" Pa.. -So A...... -O""""om Moo""""" "" .... om Utibo . u,ronn. "'OS . Oom. CO", -PM"'OCo"'-O ...., """"",.""",." Com -. .R. HMoo"""", C""",m,,So<v."""'" - "66 FTE R. a.... - D.' FTE R .. COO"""... N "mood R """" -12FTEA,,""'" . ", "'" M.....O ""',h... Coot -R.m - ""..Tox c.,R..... T"" tin Costs TI 'n F- """ 1WM'&a""',,' -Cono/Co'a- -D<op""'n -""","","n' ..."'......"" - RNW Pmcu,o C"" -Yo"""""" -Oth.. Tot.'TI 'n Fon Adm'n"'mtl.. Co". G - A PortA C"," G - A Port a eos" Po," "'n' SVc Fe.. '""an" aodOe" Toto' Adm"Otm", Co'" Total Co"", PRO FORMA REVENUES -Co"""" -C"a'",R"ta' -0" "0<" F..P...Th"'h - NRC SoOool B' ",,' Mo...." . NRC D"p 011 Ch" " To'" R...", PRO FORMA .ROF'T LOSS Attach....., -,.""",.."-""-""-"..........,,,,,, -------,,- FWD Tot., exP1..ANATIONS AND ASSUMPTIONS $174,048 26,'" $1,866 """"""" ""'" 957,985 Jo~M" A -"'" 153,'23 Rel~f 2""31 5$,107 1DS,906 40,148 22,"8 17,800 IS,374 Su ", 128,745 FueI$ISh" "",,' 8 ",,- WO P",., WOOCom FUTA/SUT FICA $18.88 $2.95 n04 ",.. 7.66" $1'.15 $318 n04 ",.. 7.85" $1903 $3.12 n04 ",.. 7.66" $19.03 $312 n04 1,15" 7.66" $2'.15 $312 n04 115" 7."" $20.92 $0.83 $1,04 ",.. 7."" $1394 $0." n04 "'" 7.85" $1D.98 $0.33 n04 "'" 7.66" ST.$O $0.23 n04 "'" 7."" $22,66 $0.89 $1.04 1.15" 7."" Rea"-oad Roc de orowa.. Fn>ntLoad RoIlo/I ",181 66,289 66,742 $11,146 $13,050 Rea"-oad R c~ "dIVa.. Fn>oIload RoIIoI! $6,020 $1,126 $3,'" ",889 $2,985 Rea"-oad R d, anlWast Fron'-oad RoIloIJ 113,406 Pa<lSlSh" ",77' $3,566 ST,"" $13,903 $6,"" 7,383 A""""""".."m"'01""""""'- .......- 28,'" A""""""".."m"'01"""""""'" .......- ',185 -""".."m"'01"""""""", .......- 8,5S6 25"01'" $26,385;AIIooation __..ok"", 5,803 A"""""'-""m""""""""""'" .."""'- ',88S A"""""""""m"'01"""""""""" -- ',$01 -""".."m"'oI"""""",..."..N"- 59,990 T'te$/Sh" 120783 A""""""""'n'm"""_~_ta ""'..01... 52,'28 A""""""""'n'm,","'~"o.mooddn> ""'no "" Deta"fo<Wa -- Wo Poo"" WOOCom FUTAISUT FICA 111803 FTEP""", $9.74 $0.29 $0.10 1.1", 7."" C'ot."""",,""SF,""MFINR,,"t ""'to ;20%"""""0. 20,402 FrEP""" ..." $0.43 $O.DS 1.15" 7,"" 37,87' Altandant , 9DO A.mo~, 19,829 $12.00 $0,98 $1.04 ,~--",""" m"" 1.1", 7,66" 125,902 t.'" "',.."" " ~"""tota"",,"" 152774 ... 21t $62.$0 N_T F.. 2,289,332 $74,25 C,~,tT F.. 1,"",532 Ea"""'_'I/10,'$1D.""'" 120,00010' mo """""",..",,"$2.20 ,"" 15$,1" $31.00 Ptoe_o Cha ;So," ,SO""",m..oRNW",o Toto' So, at$10RNW"",. 230,314 $32.$0 Yo<dOo",,"TI FH 14,435 Wood, 0 '~, "" .." ,"'10' $3,"','" 4",310 15.8707" 010 mO' ,,'" ",I., .....a 20,000 8,800 18,'" 5$,311 $528,882 $20,000 $6,800 $1',461 1."" 01""""". ",.."" ",ta, """" $6,813,840 "98,981 In"""""",'"""," 32,123 R""""."""ta"""""gI,"dd..'."'ta;"""Op..,",,.." 1,004,532 57,65' AI'm"'m,"~.. """"",Km m,ta' 2,642 '"""",$1,""h""""",p'O""dtOp"dO. $6,"'-'37 $117,'03 -3.". p,om m" on '°", ""0, ",',d'n II "g"""SO' ,,"'no, 7,53'."," ;""""eq""""'.'" .,""" "23910 ,I""""." """'" "" 0," m" 40-6 0' HIIh'_IM," $542.30 "'2,30 $542,30 $542.30 $615.87 $1"-51 $375,16 $"'.51 $3OD.D7 $3".18 HIIh__IM'" $332.05 $625.00 $2,"" Avo", [>""", ,... '..-'_M_- 222'.45 -"-.-.. -..- 0.97273 -""'.""'M_""""""- 1.0183 ""'.~"'MO'_._...- -ST,88 $5,D38 $105,8OS FEOO" "" "'-5 -.." ATTACHMENT 2 REVISED RATES AND RETAINAGES FOR SERVICE The following schedules list the charges for services rendered within each category of service, ~ Novemher I 1998 A. Single Family Solid Waste and Recyclables Collection Residential Rates Franchisee Total Rate Category Current Proposed City Recycling Franchisee Charge Rate Rate Retainage Retainage Retainage 10 Gal Mini Can ~ 5.16 -1.31 1.80 6.47 Monthly 20 Gal Mini Can '1-"14 8.55 -.87 1.80 9.42 Monthly One 32 Gallon Can ~ 13.68 .95 1.80 12.73 Monthly Two 32 Gallon Cans ttH8 20.51 2.50 1.80 18.01 Monthly Three 32 Gallon Cans ~ 27.70 2.00 1.80 25.70 Monthly Four 32 Gallon Cans 34c-t6 37.71 2.00 1.80 35.71 Monthly Five 32 Gallon Cans - 45.26 2.00 1.80 43.26 Monthly 60 Gallon Toter ** 20.11 1.00 1.80 19.11 Monthly 90 Gallon Toter - 27.03 1.00 1.80 26.03 Monthly One 32 Gallon Can (Once per oHJ4 4.46 .00 0.45 4.46 Monthly Month) Extra Unit ~ 3.78 .45 --- 3.33 Per Pickup Carryout Charge for Non-Infirm Over 5 feet but not over 25 feet the rate is $0.77 and Customers for each additional 25 feet or fraction thereof, add $0.47. Carryout Charge for Infirm Customers (those with proof of physical disability or infirmity for all residents at customer's address) No charge will be levied 1 B. Yard Waste Collection Rates in effect for residential, multi-family and commercial account are set forth below. Of the rates collected, 100% of these monies are retained by the Franchisee. RATE CATEGORY OLD MONTHLY RATE PROPOSED MONTHLY RATE SERVICE SINGLE FAMILY 90 gallon toter (regular collection schedule $-5-;-ß $ 6.35 Weekly Extra unit of yard waste for subscribers (in addition to 90-gallon toter) $--l--M $ 2.04 Per Unit Large quantities of bundled prunings $5:-38 $ 6.35 per yard Per Yard (180 gallon equivalent) on scheduled yard waste days Redelivery Charge* ~ $22.08 Per Redelivery , This charge will only apply to customers who cancel yard waste toter collection service within a twelve (12) month period. There will be no charge for the initial delivery of yard waste toters to customers. MULTI FAMILY & COMMERCIAL One cubic yard container $39:-49 $43.60 Weekly m:æ $81.72 Weekly $-5-;-ß $ 6.35 Single Family Schedule Two cubic yard container 90 gallon toter Yard Waste Recycling Fee Increases - Future yard waste disposal fee increases made by Federal Way Disposal's vendor, which vendor will be the most economical yard waste disposal vendor, for use by Federal Way Disposal 2 of its recycling facilities, shall be automatically passed through and assessed, after all public notice as required by law, against the use of toters and containers designated for yard waste. C. Rates for MUlti-F~IY Solid Waste and Recycling Collection C.l. Multi-family Solid Waste and Recycling Collection (Can Service) a. SOLID WASTE ONLY Existing complexes with curbside can service will be charged for each 32 gallon can collected. Each unit shall receive curbside service. The entire complex must subscribe at a rate of $8-:54- $ 9.51 per can per month. Of the rates collected, $&;-H! $ 9.15 is retained by the Franchisee and $ 0.36 is retained by the City. b. SOLID WASTE & RECYCLABLES Existing complexes with curbside can service will be charged for solid waste and recycling pickup at each unit. Each unit shall receive curbside service for solid waste and recyclables and each unit in the entire complex must subscribe to the same level of service at the charges and retainages listed below: Franchisee Total Rate Category Old Proposed City Recycling Franchisee Charge .~ Rate Rate Retainage Retainage Retainage 10 Gal Mini Can"" 4061' 5.16 -1.31 1.80 6.47 Monthly 20 Gal Mini Can '1-fI4 8.55 -.87 1.80 9.42 Monthly One 32 Gallon Can ~ 13.68 .95 1.80 12.73 Monthly Two 32 Gallon Cans ~ 20.51 2.68 1.80 17.83 Monthly 60 Gallon Toter ~ 20.11 2.00 1.80 18.11 Monthly 90 Gallon Toter ~ 27.03 5.50 1.80 21.53 Monthly 3 C.2. Multi-Family Customers Rates and Retainages for Collection of Solid Waste Using Toters, Cans or Containers A. SOLID WASTE SERVICE RATES I RECEPTACLE l Number of pickups per week I SIZE I 2 I 3 I 4 I 1 5 32 Gallon Can 9.51 nla nla n/a n/a Rates Include the Following: Monthly Rent & &54 Service Rate Per Pickup 1 Cubic Yard 53.61 96.87 140.14 183.41 226.68 Rent ~ 10.34 48-cH 8&96 ~ f6.4.,M ~ Service &,9'/ 9.99 1.5 Cubic Yards 71.59 130.05 188.51 246.97 305.44 Rent ++:-13 13.12 6<H6 +t&'I4 ~ ~ R40+8 Service ~ 13.50 2 Cubic Yards 96.37 176.84 257.29 337.75 418.21 Rent ~ 15.92 ~ H&'/<I i!39:96 ~ 315-:4+ Service ~ 18.58 3 Cubic Yards 125.20 230.31 335.41 440.52 545.63 Rent #I-:e4 20.10 tHo39 ~ 3&I-oB9 395,44 489-éI9 Service ~ 24.27 4 Cubic Yards 162.39 301.93 441.48 581.03 720.57 Rent ~ 22.84 ~ t1HB 3963e ~ 646,B3 Service ~ 32..U 6 Cubic Yards 224.95 420.75 616.53 812.33 1008.11 Rent ~ 29.16 ~ ~ ~ ~ ge4o95 Service 4{t,59 45.22 8 Cubic Yards 283.99 533.23 782.46 1031.70 1280.94 Rent *de 34.76 ~ ~ ~ ~ +!-49,86 <7 <,; Bulk Mat'ls ($/yd) 8.57 n/a n/a n/a n/a '1.,69 4 B. CITY SOLID WASTE RETAINAGE AMOUNTS Number of pickups per week RECEPT ACLE SIZE I 2 3 4 5 32 G.llan C.n ..3.!i ilia ilia ilia ilia 60 G.llon Toter .25 nI. nI. nla nla 90 Gallon Toter .25 nI. nI. nla nI. I Cubic Y.rd .50 .50 .50 .50 .50 1.5 Cubic Yards .50 .50 .50 .50 .50 2 Cubic Y.rds .50 .50 .50 .50 .50 3 Cubic Y.rds .50 .50 .50 .50 .50 4 Cubic Yards 1.50 1.50 1.50 1.50 1.50 6 Cubic Y.rds 2.30 2.30 2.30 2.30 2.30 8 Cubic Y.rds 3.04 3.04 3.04 3.04 3.04 Bulk M.t'ls ($/yd) 0 c.3. Rates Charged to Multi-family Customers for the Collection of Recyclables Using Toters, Cans or Containers (Franchisee retains 100% of rates). RECEPTACLE Number of pickups per week SIZE 1 2 3 Special Pickups Rent (per month) 32 G.llan Om 5.56 nI. nI. nI. nI. 60 Gallon Toter 11.94 nI. nI. nI. nla 90 G.llon Toter 14.73 nI. nI. nI. nI. 1 Cubic Y.rd 34.60 60.76 86.91 6.04 8.45 2 Cubic Y.rds 58.28 !O3.57 148.87 10.46 12.99 3 Cubic Y.rds 72.12 127.81 183.49 12.86 16.44 4 Cubic Y.rds 92.62 166.57 240.53 17.08 18.66 6 Cubic Yards 127.71 231.58 335.46 23.99 23.83 8 Cubic Y.rds 160.47 292.53 424.60 30.50 28.40 GI.ss B.sket 6.00 GI.ss 60 G.llon 9.47 5 D. Rates for Commercial Solid Waste Collection Services Rates and Retainages for Collection of Solid Waste Using Toters, Cans or Containers D.l. Rates Charged to Customers for Un compacted Solid Waste Collection Number of pickups per week RECEPTACLE SIZE Rates Include the I 2 3 4 5 Following: MontWy Rent & Service Rate Per Pickup 32 Gallon Can 9.43 ¡Ila oJa oJa oJa IH4 60 Gallon Toter 26.40 oJa oJa oJa oJa ~ 90 Gallon Toter 38.96 oJa oJa oJa oJa ~ 1 Cubic Yard 53.12 %.00 \38.88 181.76 224.64 ReUt~IO.25 ~ 86,% ~ M4,64 ~ Service -&:9i' 9.90 1.5 Cubic Yards 70.94 128.88 186.82 244.76 302.69 Rent -I-H3 13.01 6-H6 ~ ~ ~ ~ Service ~ 13.38 2 Cubic Yards 95.51 175.25 254.98 334.72 414.45 Rent ~ 15.78 86-5l ~ ~ 3f&f9 ~ Service -160-68 18.41 3 Cubic Yards 124.08 228.24 332.40 436.57 540.73 Rent t!H34 19.92 ~ ~ 3ftH9 ~ 489,'/9 Service *"19 24.06 4 Cubic Yards 160.93 299.22 437.52 575.81 714.10 Rent ~ 22.63 ~ ~ 3963Ø ~ 646:-83 Service~ 3.l..21 6 Cubic Yards 222.93 416.97 611.00 805.04 999.06 Rent ;!6cH! 28.90 WH3 ?rF1-:69 ~ ~ ge4:-95 Service 4!!&) 44.81 8 Cubic Yards 281.44 528.44 775.44 1022.44 1269.45 Rent 3-H9 34.44 ~ 4'tIHí6 ~ ~ +t4'H!6 o. <> '" <~ OA Bulk Mat'ls ($/yd) 8.49 oJa oJa oJa oJa H,9 6 D.2. Rates charged for Compacted Solid Waste Collection (Customer's Own Container) F[RST EACH ADDITIONAL RECEPT ACLE SIZE PICK-UP SPECIAL PICKUP PICKUP I Cubic Yard 42.24 42.24 42.24 3 Cubic Yards 104.08 104.08 104.08 4 Cubic Yards 138.56 138.56 138.56 5 Cubic Yards 163.52 163.52 163.52 6 Cubic Yards 188.48 188.48 188.48 8 Cubic Yards ~ ~ ~ nMQ UM!) nMQ Note I: Pennanent accounts: service is dermed as no less than scheduled, every other week pickup. Customers wiIl be charged for service requested, even if fewer containers are serviced on a particular trip. No credit wilI be given for partially tmed containers. Note 2: [n addition to all other applicable charges, a charge of $10.56 per yard (assessed on a pro rata basis) wiIl be assessed if containers are filled past their visible full limit, container [ids wilI not close due to overfilling, or if additional materials are placed on or near the containers. D.3. City Solid Waste Retainage Amounts I Number of pickups per week RECEPT ACLE SIZE 1 2 3 4 5 32 Gallon Can .3.6 ilia ilia ilia ilia 60 Gallon Toter .25 nla nla nla nla 90 Gallon Toter .25 nla nla nla nla 1 Cubic Yard .50 .50 .50 .50 .50 1.5 Cubic Yards .50 .50 .50 .50 .50 2 Cubic Yards .50 .50 .50 .50 .50 3 Cubic Yards .50 .50 .50 .50 .50 4 Cubic Yards 1.50 1.50 1.50 1.50 1.50 6 Cubic Yards 2.30 2.30 2.30 2.30 2.30 8 Cubic Yards 3.04 3.04 3.04 3.04 3.04 Bulk Mans ($/yd) 0 7 E. Rates for Temporary Solid Waste Collection Services -- Residential or Commercial . SIZE OR TYPE OF CONTAINER SERVICE TYPE 1 YD 1.5 YD 2 YD 3 YD 4YD 6YD 8 YD Temporary Account Initial Delivery 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Pickup Rate' 12.90 16.38 21.41 27.06 34.83 47.81 60.04 Rent Per Calendar 1.00 1.00 1.00 1.00 1.00 1.50 1.75 Day Rent Per Month nla nla nla nla nla n/a n/a * Note; Pie!< tip I'IIIc is bltjed 8ß <ðlleetitm ft£ooRIiÐg Ið the t&ly that a l'6t1ted . dli<k is in the . kinit; ðf the IeJBMlal) eBlllain<r. Ctlst8111cr n ill b< inf8flllCd ðf Ibi, liek up dII!< (Br dftt< 8ltiono) tip"" 8rt1e,ittg <ðlllftiocr. If ""stB_, request' "" 8ß d<1fIJIft!i lie!< up, a "'larot< 'lceial dÜlatdi feE fßfi) be a"c..oo by the hauler, ill odditÍ6H t" the ab8.< lick up '01<. The ahove pick-un rate applies when mtIection is made durin. the re~ularlv scheduled pick-lID day(s) for the vicinitY of the tenmo¡¡¡¡y container Customer will he infonned of the scheduled pick-lJ) date (or date options) upon orderinv container If customer reQUests a pick-up on other than the rerularly scheduled nick-lIP date a snec;al disnatch fee mav he assessed in addition to the ahove nick-lIP rate There are no retainages associated with Temporary Solid Waste Collection Services F. Rate for Special Dispatches and Container Clean-Outs For residenriaI or commercial special dispatches, the rate shall he ~ $66.91 per hour, with a minimum of one-half hour, plus tipping fees to dispose of the material (if such tipping fees are not already included in service requested). Time shall he charoed from the time the vehicle leaves its scheduled route (or the collector's tennil1JlJ) until its return to the route or tennil1JlI Time shall he recorded to the nearest 15 minute incremeot Up to one container clean-oot per calendar year shall he provided at no cost to the customer upon request. More frequent clean-out customer clean-outs may be assessed a reasol1Jlble charge by the franchisee. There are no retainages associated with Special Dispatch or Clean-out Services. 8 G. Drop-Box Rates OLD RATE PERMANENT MONTHLY NEW RATE OLD RATE NEW RATE DELNERY RENT MONTHLY RENT (PER HAUL) (pER HAUL) CHARGE 20 Yard ~ 34.78 ~ 59.75 NIA 25 Yard ~ 38.66 ~ 59.75 NIA 30 Yard 4H4 45.53 ~ 59.75 NIA 40 Yard ~ 61.01 ~ 59.75 NIA OLD RATE HAULING TEMPORARY OLD RATE DAILY RENT (PER HAUL) (PER HAUL) DELNERY 20 Yard ~ 2.69 ~ 74.23 29.26 25 Yard ~ 2.69 ~ 74.23 29.26 30 Yard 3-:'19 4.18 74.23 29.26 40 Yard ¥19 ill 74.23 29.26 COMPACTORS I INIA ~ I 8a 10+ Yard 88.19 Note: There are no reramages associated WIth Drop Box Services H. King County Disposal Fee Increases Any future disposal fee increases, as established by King County Solid Waste, for use of King County transfer srations, landfills, and otb. King County facilities, shall be automatically passed through and assessed, after all public notice as required by law, against the use of tott and containers designated for solid waste and not assessed against the use of toters or containers designated for recyclables. I. Return Trips When a collector is required to make a return trip to pickup material that was unavailable for collection, for reasons under the control of the customer amy, the following additional charges will apply. Can, unit or mini-can, recycle bins, toters. $ 10.50 Container 1-8 yd $ 12.50 Drop Box $ 32.50 8127/98 K: ICOtJNCIL IAGD BILLSI I9981RA TEINC2. FWD 9 ATTACHMENr 3: Solid Waste Franchise Agreement (Pages 1 - 8, proposed changes only) CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION The City of Federal Way, Washington, a Washington municipal corporation (hereinafter "City"), grants to Federal Way Disposal Company, Inc., a corporation qualified to do business in Washington (hereinafter "Franchisee"), a Franchise for Solid Waste and Recycling Collection as set out more fully herein. WHEREAS, the City of Federal Way incorporated on February 28, 1990; and WHEREAS, the Franchisee had a franchise through the Washington Utilities and Transportation Commission ("W.U.T.C.") for the collection of solid waste for a major portion of what is now the City; and WHEREAS, State law requires that any W.U.T.C. franchise for solid waste and recycling collection existing at the time of incorporation continue for a period of five years; and WHEREAS, the City desires to grant, and Franchisee desires to obtain, a municipal franchise for the provision of solid waste and recycling collection; and ,~ d' WHEREAS, it is in the best interest for the public health, safety and welfare that the City grant a franchise for the provision of these services; and WHEREAS, the Franchisee desires to waive any rights ,it may have to participate in the ongoing W.U.T.C. franchise as consideration for entering into this Franchise and to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving the W.U.T.C. franchise and entering into this municipal franchise; NOW, THEREFORE, In consideration of mutual promises and agreements contained herein, it is agreed as follows: 1. Waiver. The Franchisee hereby waives any rights it may have to participate in the ongoing W.U.T.C. franchise as consideration for entering into this Franchise and agrees to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving the W.U.T.C. franchise and entering into this municipal franchise, 2. Definitions. As used in this Franchise the following -1- 4D-l6 Attachment 3, Page 2 of 8 definitions apply: A. "Collection Company" means the persons, firms or corporations or combination thereof certified by the Washington Utilities and Transportation Commission ("W.U.T.C. ,,) pursuant to chapter 81.77 RCW to engage in the business of operating as both a garbage and refuse collection company, including an authorized franchisee for the collection of recyclable materials under this Chapter in areas including all or part of the City. B. "Commercial Customer" shall mean a non-residential, non-industrial customer and these multi famil) cemþlexes not selecting residential se~.ice fer each unit. C "Commingled Recyclable Materials" shall include at a minimum: uncontaminated paper items includin~: cardboard. mixed waste paDer newspaper. and magazines- and containers incllldina. HDPE and PET labeled Dlastic bottles and steel and aluminum cans. provided that such containers are emDty of their oriainal contents. clean. and did not originally contain hazardous substances Service provider mav accept additional recvclable materials not on this list at their sole discretion. €-c.I¿... "Detachable Container" means any garbage or recycling r~ceptacles compatible with the Franchisee's equipment that is not' a mini-can, standard garbage can, garbage unit, or mobile toter. Drop boxes are considered detachable containers. Detachable containers are generally provided by Federal Way Disposal, but may be owned by customers at the customer's request and with the Franchisee's approval. Ð-.E..". "Director" means the Director of the Public Works Department. H-.E... "Eligible Household" shall mean a residence residential structure containing not more than four (4) dwelling units and in which each unit receives single-family ~ residential collection service~. F-.s:L- "Environmental Damage" as the term used in this chapter shall include but not be limited to damages, costs, claims and liabilities for alleged injury, harm or degradation to the air, soils, surface water or ground water, damages, costs, claims and liabilities for personal injury or property damages (including diminution or ,destruction of property values) arising from any such alleged injury, harm or degradation. This term shall also include any investigative, response or remedial costs or liabilities that may be incurred or imposed under CERCLA, 42 USC §9601 et seq.; -2- 4D-17 Attachment 3, Page 3 of 8 RCRA, 42 USC §6902 et seq.; the State Water pollution Control Act, RCW 90.48; the Washington Clean Air Act, RCW 70.94; the State Hazardous Management Act, RCW 70.105; the State Hazardous Waste Fee Act, RCW 70.105A; and other Federal or State environmental laws. The term shall not include capital, operating and management costs in accordance with current or future standard practices or required by applicable regulations governing the operation of solid waste facilities. Ef-c.a.... "Extra Unit" is defined as garbage set out in addition to the amount of service subscribed to by the customer, such as large items as flocked Christmas trees and garbage in boxes, cartons, bags, garbage receptacles, etc. Each extra unit is from one to 32 gallons and shall not exceed 32 gallons, 4 cubic feet or 65 lbs. (including contents). An extra unit charge shall be levied when an extra unit is set out by a customer and collected by the Franchisee. H-c..I.... "Franchisee Retainage" means the amount of the monthly rate per account that shall be retained by the Franchisee from actual cash collections in consideration for the cost of service. ~ "Garbage" means all accumulation of refuse, swill, and other solid waste matter not intended for recycling or reuse and discarded as of no further value to the owner. 1. "Refuse" means waste matter discarded as of no further value, including broken concrete, plaster, brick, other building materials, building waste, fire refuse and waste, ashes, cinders, clinkers, broken-up household furnishings and equipment, discarded hot-water tanks, bottles, barrels, cartons, and scraps of wooden crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, automobile bodies, and large auto parts. 2. "Swill" means all accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish, fowl, fruit, and vegetables. 3. The term "Garbage" excludes recyclable materials intended for recycling under this Chapter, yard waste, manure, sewage and sewage sludge, dead animals over fifteen (15) pounds, and cleanings from public and private catch basins, wash racks or sumps. Collection and disposal of matter excluded from the term "Garbage" shall be as otherwise provided by law. d'-.h "Garbage Receptacle" includes detachable containers, ~ï8 Attachment 3, Page 4 of 8 mini-cans, standard garbage can, garbage unit and/or mobile toters. *-'-L..... "Garbage Units" means secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed sixty-five (65) pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags, or securely tight cartons or other receptacles not intended for recycling under this Chapter and able to be reasonably handled and loaded by one person unto a collection vehicle. 'b-.M..... "Industrial Customer" shall mean any commercial customer for municipal solid waste collection services in the City generating in excess of one hundred seventy-five (175) tons of municipal solid waste per week on an on-going basis. M-.R,. "Industrial Waste" shall mean and include waste generated as a by-product of manufacturing operations, usually consisting of large quantities of paper, cardboard, metal, plastic, scrap lumber and dunnage, and other materials incidental to and connected with manufacturing process and not otherwise included in the definition of "Garbage", "Hazardous", or "Special Waste", as described herein. N-:-Q... "Mini-Can" shall mean a ten or twenty gallon can used for the collection of residential garbage by the Franchisee. These cans shall be provided by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned to residences for the health, safety, convenience and general welfare of the occupants. e-.£.... "Mobile Toter" means a moveable receptacle which holds sixty (60) to (90) gallons at a maximum of two hundred (200) pounds of garbage, and a hinge type and lid with tight fit, thick- skinned, one-piece balanced weight body which sits on tires, which will be picked up at curbside with hydraulic equipment. These toters shall be provided to customers subscribing to toter service by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned for the health, safety, convenience and general welfare of the customers. fl-.~ "Multiple-Family Complex" shall containing five (5) or more dwelling units. mean a structure R. "Multi - family Customer" shall mean residences containinG five (5) or more dwelling units not selectinG single familv residential service for each unit. e--.~ "Payments to the City" means the amount of the rate -4 - 4D-l9 Attachment 3, Page 5 of 8 per account less the franchise retainage amount that shall be paid to the City within thirty (30) days from the billing of customer accounts. R-,.L. "Person" means every person, firm, partnership, association, institution, or corporation in the City of Federal Way accumulating garbage requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupation and/or the owner or any premises for which service herein mentioned is rendered. &-c..!.L.. "Recycling Receptacle" includes the following: 1) designated bins, mobile toters or detachable containers in which recyclable materials can be stored and later placed at curbside, alley side or other location designated by the Director or the Franchisee with the concurrence of the Director. 2) designated commercial detachable containers and compactors at locations as may be specified by the Director or 3) any bag, box or containment unit set out by the customer that is clearly identifiable to collection personnel by means of a label or sign, as containing recyclables, which must also be collected by collection personnel when recyclables are collected, except when such containment units exceed sixty-five (65) pounds in weight. ~Y.... "Recyclable Materials" means waste materials generated in the City of Federal Way capable of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and non- ferrous cans, HDPE and PET plastic bottles (bottles are defined as having a neck) except bottles that once contained dangerous or household hazardous waste, mixed paper, magazines, and cardboard accumulated and intended for recycling or reuse and collection by the Franchisee. This term excludes all dangerous wastes and hazardous wastes defined in chapter 70.105 RCW and chapter 70.105A RCW, yard wastes and solid wastes intended for disposal in a land fill, incinerator, or solid waste disposal facility under WAC 173- 304. All recyclable materials intended for collection by the Franchisee shall remain the responsibility and ownership of participants until such materials as contained in recycling receptacles are placed out for collection by the Franchisee. Materials then become the responsibility and the property of the Collection Company or authorized contractor subject to the right of the participant to claim lost property of value. W "Residential customer" shall include both households and multiole-family customers as defined herein. eligible -5- 4D-20 Attachment 3, Page 6 of 8 X "Single Family Residential Service" shall mean collection service provided bv collection comoany to customers which are neither commercial nor industrial bus;nesses. This service shall include separate curbside collection of source-separated recvclable materia] listed in Section 3 B of this franchise without extra charae &-,.y.... "Solid Waste" shall be as defined under WAC 173-304- 100 (73), and includes refuse with the exception of sludge from wastewater treatment plants and sept age , from septic tanks, extremely hazardous wastes, dangerous wastes, and problem wastes as defined in WAC 173-303 and 173-304, and chapter 70.105 RCW and chapter 70.105A RCW. 'If--c.z-..... "Solid Waste Utility "shall mean that fund of the City of Federal Way managing the financial and administrative responsibility for solid waste collection and disposal and recycling. w-.M. "Solid Waste Utility Program" shall mean the functions performed by the City associated with solid waste collection and disposal and recycling. *--AIL.. "Special Dispatch". A pick-up requested by a resident or business at a time other than the regularly scheduled pick-up time, if applicable. If a special dispatch is required, the rates as adopted in the ordinance concerning rates adopted by the City Council will apply. ¥-.~ "Standard Garbage Can" means a water tight, galvanized, sheet metal, raised-bottom containment unit or suitable plastic containment unit approximately but not exceeding 4 (four) cubic feet or thirty-two (32) gallons in capacity, weighing not over fifteen (15) pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. Standard garbage cans shall be provided by residents. -3-.A!2..... "Waste, Hazardous or Dangerous," means any solid waste designated as dangerous or hazardous waste by the State Department of Ecology under chapters 70.105 and 70.105A RCW, and such waste shall be disposed of consistent with the Department of Ecology Rules and Regulations. AA-.AE. "W.U.T.C." means the Washington Utilities and Transportation Commission. AB-.AF. "Yard Waste" shall include, but not be limited to: grass clippings, shrubbery, leaves, tree limbs and branches, -6- 4D-2l Attachment 3, Page 7 of 8 which branches cannot exceed three (3) inches in diameter and four (4) feet in length, and excludes sod and rocks. Ae-.~ "Yard Waste Bundles" shall consist of yard waste limbs and branches and shall not exceed any of the following maximums: four foot length; two foot diameter; or weight of sixty- five (65) pounds. 3. Scone of Work. A. The Franchisee agrees to furnish all labor, materials, facilities, services and equipment necessary and to collect, process and market all recyclables and to collect all solid waste, garbage, refuse, or yard waste accumulated within the boundaries of the City of Federal Way and within the parameters of the W.U.T.C. Commission franchise for collection currently held by the Franchisee. The work will be performed in accordance with all ordinances, rules and regulations of the City, in accordance with the provisions of the King County Comprehensive Solid Waste Management Plan with Addenda as adopted by the City and the Interlocal Agreement entered into between the County and the City and in accordance with the terms of this Franchise. B. The Franchisee agrees to collect, process and market all newspaper, magazines, mixed waste paper including cardboard, aluminum and tin çans, glass bottles and jars, HDPE and PET bottles (bottles are defined as .laving a neck), except bottles that once contained dangerous or household hazardous waste, materials and yard waste placed on the curb by City residents for collection, all in accordance with the Federal Way Waste Reduction and Recycling Program adopted by the City and any addenda thereto. Additional materials may be added by mutual agreement of the City and the Franchisee. In those instances when an added commodity increases Franchisee costs, the City and the Franchisee will negotiate a change in the rates. Multiple-family customers shall be eligible to receive collection of Comminaled Recvclable Materials in accordance with rates established bv the City for Comminaled Recyclable Materials and standard aarbaçre collection services for Multi-family customers C. The Collection Franchisee shall provide, operate a Center which would provide the following programs: maintain and 1. Buy-back Center - for those citizens who wish to take their recyclables to a buy-back center and receive payment. The items accepted must be the same as those accepted in the curbside collection program. However, the buy-back center will only pay for those items which it determines shall receive cash reimbursement. Customers of the Franchisee who 4JJ:.22 Attachment 3, Page 8 of 8 are billed directly for garbage collection shall be credited on their solid waste collection account in an amount not to exceed $1.00 per month, providing that customers submit with garbage and recyclin service payments (not more than 90 days old) a receipt provided by the drop-off center. 2. Drop Center - To collect white goods, bulky items, yard wastes and chipping services. The City reserves the right to add or delete materials, collection items and services, and allow modification of the location of the center when mutually agreed upon between the City and Franchisee. If the Center is provided through a subfranchisee, that subfranchisee shall be subject to the same terms and conditions of this Franchise, including but not limited to bonding and insurance requirements. The Franchisee shall not assign or subfranchise any of the work or delegate any of its duties under the Franchise without the prior written approval of the Director. If the Federal Way Neighborhood Recycling Center decides not to provide the buy-back center/drop-off center services, the Franchisee will make every effort to provide such within six (6) months of the date of this Franchise. may elect is deemed the rates D. The program is voluntary for City residents. The City to enact mandatory participation legislation. If such legislation likely to affect the Franchisee's cost, the City will renegotiate and retainages. E. Curbside collection of recyclables will be from ei-Þr ,:Jin~le famil) resiàcnces and ffilÜti famil) à..cllinge ..ith four OJ: fe..er unite eligible households. The City may elect to extend collection to other residences and will renegotiate the price with the Franchisee should it do so. F. Collection of solid waste shall be from all single- family, multi-family dwellings, industrial and commercial units within the City. G. The Franchisee shall supply all the labor, equipment, facilities, financial guarantees, liability insurance and fees for disposal sites required to provide the service as described in this Franchise. This Agreement shall not prohibit the customary collection and sale of recyclable and reusable materials by persons or private recyclers, providE that the Franchisee has the exclusive right to collect curbside recyclables, -8- 4D-23 ':) ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ITS SOLID WASTE AND RECYCLING UTILITY SCHEDULE OF RATES AND RETAINAGES FOR SERVICE TO PROVIDE FOR A 10.4% INCREASE IN THE COLLECTiON RATES FOR COMMERCIAL AND RESIDENTIAL WASTE GENERA TORS AND AN I 1.4% INCREASE IN THE COLLECTiON RATE FOR MULTIFAMLY WASTE GENERATORS, DIRECTING CITY STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR RECYCLABLE MATERIALS PROCESSING, AND AMENDING THE CITY'S FRANCHISE FOR SOLID WASTE AND RECYCLING AGREEMENT (AMENDS PREVIOUS ORDINANCE 93-167,94-218,97-287, AND 94-221) WHEREAS, the City is authorized pursuant to RCW 35.2LI52 to establish by ordinance a system of collection for solid waste and recyclable and reusable materials, and to award a franchise for residential and commercial collection of solid waste and recycling under the City's direction; and WHEREAS, the City entered into a Franchise Agreement dated effective December 20, 1991, with Federal Way Disposal Company ("FWD"); and WHEREAS, the Franchise Agreement was amended on March 16, 1993 and September 21, 1994; and WHEREAS, on March 16, 1993, the City Council of the City of Federal Way adopted Ordinance 93-167 which established a Schedule of Rates and Retainages for Service provided as part of the City's solid waste and recycling utility; and WHEREAS, the Schedule of Rates and Retainages for Service were subsequently amended by Ordinance No. 94-218 and No. 97-287; and b, Ord. # . p. I DRAFT ./'? '/.}- WHEREAS, in September, 1996, FWD requested an additional rate increase to offset what FWD identified as increased operating costs; and WI-ŒREAS, the Public Works Department initiated a comprehensive review of FWD's financial records, including records from all seven of FWD's allied companies (known collectively as the Bayside Group), to determine whether the rate increase was justified; and WI-ŒREAS, Public Works Director Cary Roe and Solid Waste & Recycling Coordinate Rob Van Orsow prepared an August 24, 1998 Memorandum summarizing the results of the Public Works Department's rate review; and WI-ŒREAS, the Memorandum recommended that the Council increase the City's solid waste collection rates, as follows: I. Indfease collection rates by 2.87% to cover FWD's 1997/98 shortfalls in operating costs and rate of return; 2. Increase collection rates by 7.53% to cover base operating and costs and rate of return for projected 1999 costs; and 3. Increase the collection rate for multifamily garbage service by an additional 1%, for a total of 11.4%, in order to provide an incentive for initiation or expansion of recycling services at multi-family housing complexes; and WI-ŒREAS, th~ Memorandum also recommended that the Council adopt changes to the Franchise Agreement with FWD to enhance recycling participation at multi-family housing complexes; and Ord. # , p. 2 WHEREAS, the Memorandum also recommended that the Council consider switching from FWD to an alternate vendor for processing of recyclable materials collected at curbside and that, as part of such consideration, the Council direct staff to issue a Request for Proposals for such processing; and WHEREAS, on August 25, 1998 the City Council Finance and Economic Development Committee considered the Memorandum, and recommended that the full City Council adopt and implement the Memorandum's recommendations; and WHEREAS, on September I, 1998, after all public notice required by law, the full City Council held a public hearing on the proposed amendments to the City's so.!id waste and recycling utility Schedule of Rates and Retainages for Service, heard public and City staff testimony, and considered the Memorandum; and WHEREAS, on September 15, 1998, the City Council gave this ordinance a second reading; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I ~. A. The City Council adopts by reference as if fully incorporated herein the findings contained in Ordinance 93-167 with respect to the establishment and operation of a solid waste and recycling utility, and the findings contained in the Memorandum with respect to the need to increase collection rates by 10.4% to cover increased Federal Way Disposal Company operating rates, and the need to increase collection rates for multi-family housing complexes by an additional I % to promote increased recyclIng. Ord. # , p. 3 B. The City Council further finds that amendments to the Franchise Agreement are necessary to facilitate increased recycling at multifamily housing complexes. C. The City Council further finds that the potential exists for savings in curbside recycling processing costs, and that issuance of a Request for Proposals is necessary to further evaluate the potential for such savings and the availability and cost of alternate recycling processing vendors. ~. Amendment. The rates for services set forth in Section 12 of Ordinance 93-167, Exhibit A to Ordinance 94-218, and Exhibit A to Ordinance No. 97-287, entitled "Rates and Retainages for Service," are hereby superseded and replaced by the !.ates set forth in the "Rates and Retainages for Service" attached as Exhibit A hereto, which is incorporated by this reference. Exhibit A sets forth the amended charges to be paid to the City and the schedule of retainages to be retained by the Franchisee for services rendered for each category contained in the schedule. Exhibit A provides for a 10.4% rate increase in the commercial and residential solid waste collection rates to cover increased Federal Way Disposal Company operating rates, and an 11.4% increase in the multi-family solid waste collection rate to promote increased recycling. Section 3 Amendment. Section 2, "Definitions," Pages 1-6, and Section 3, "Scope of Work," Pages 7-8, of the City of Federal Way Franchise for Solid Waste and Recycling Collection are hereby amended as set forth in Exhibit B attached hereto and incorporated by reference. Section 4. Evaluation of Alternate Recyclables Processing Vendor. The Public Works Director and/or his designee shall issue a Request for Proposals to process recyclables collected at curbside. The Request shall request that proposals include a return of revenue, Ord. # , p. 4 to the City's rate base, from the marketing and sale of the recyclables. The Director or designee shall evaluate the proposals received and present a recommendation to the City Council Finance and Economic Development Committee and then to the full City Council as to the preferred vendor and any proposed changes to the Franchise Agreement that may be necessary to allow selection of that vendor. 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 Severability. The provisions of this ordinance are declared separate and severable, and the invalidity of any clause, sentence, paragraph, subdivisi~n, section or portion of this ordinance or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6 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 ,1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Ord. # , p. 5 APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH nili CITY CLERK: PASSED BY nili CITY COUNCIL: PUBLISHED: EFFECTIVE DATE ORDINANCE NO. K:lordinlsldwsrat.98 Ord. # , p. 6 EXHIBIT A RATES AND RETAINAGES FOR SERVICE The following schedules list the charges for services rendered within each category of service, ~ November 1 1998 A. Single Family Solid Waste and Recyclables Collection Residential Rates Franchisee Total Rate Category Old Rate New City Recycling Franchisee Charge Rate Retainage Retainage Retainage 10 Gal Mini Can 4,6=/ 5.16 -1.31 1.80 6.47 Monthly 20 Gal Mini Can ~ 8.55 -.87 1.80 9.42 Monthly One 32 Gallon Can H,39 13.68 .95 1.80 12.73 Monthly Two 32 Gallon Cans f&:58 20.51 2.50 1.80 18.01 Monthly Three 32 Gallon Cans ~ 27.70 2.00 1.80 -- 25.70 Monthly Four 32 Gallon Cans 34,.H; 37.71 2.00 1.80 - 35.71 Monthly Five 32 Gallon Cans - 45.26 2.00 1.80 43.26 Monthly 60 Gallon Toter .¡.gæ 20.11 1.00 1.80 19.11 Monthly 90 Gallon Toter ~ 27.03 1.00 1.80 26.03 Monthly One 32 Gallon Can (Once per Month) 4,í4 4.46 .00 0.45 4.46 Monthly Extra Unit I ~ 3.78 .45 h- 3.33 Per Pickup Carry out Charge for Non-Infirm Over 5 feet but not over 25 feet the rate is $0.77 and Customers for each additional 25 feet or fraction thereof, add $0.47. Carryout Charge for Infirm Customers (those with proof of physical disability or infirmity for all residents at customer's address) No charge will be levied 1 B. Yard Waste Collection Rates in effect for residential, multi-family and commercial account are set forth below. Of the rates collected, 100% of these monies are retained by the Franchisee. RATE CATEGORY OLD MONTHLY RATE NEW MONTHLY RATE SERVICE SINGLE FAMILY 90 gallon toter (regular collection schedule ~ $ 6.35 Weekly Extra unit of yard waste for subscribers (in addition to 90-gallon toter) $:-H5 $ 2.04 Per Unit Large quantities of bundled prunings $~ $ 6.35 per yard Redelivery Charge* $W:OO $22.08 Per Yard (180 gallon equivalent) on scheduled yard waste days Per Redelivery . This charge will OIÙY apply to customers who cancel yard waste toter col1ection service within a twelve (12) month period. There will be no charge for the initial delivery of yard waste toters to customers. MULTI FAMILY & COMMERCIAL One cubic yard container $39:49 $43.60 Weekly Two cubic yard container $'t4:æ $81.72 Weekly 90 gallon toter ~ $ 6.35 Single Family Schedule Yard Waste Recycling Fee Increases - Future yard waste disposal fee increases made by Federal Way Disposal's veIX1or, which vendor will be the most economical yard waste disposal vendor, for use by Federal Way Disposal of its recycling facilities, shall be automatically passed through and assessed, after all public notice as required by law, against the use of toters and containers designated for yard waste. 2 C. Rates for Multi-Family Solid Waste and Recycling Collection c.l. Multi-family Solid Waste and Recycling Collection (Can Service) a. SOLID WASTE ONLY Existing complexes with curbside can service will be charged for each 32 gallon can collected. Each unit shall receive curbside service. The entire complex must subscribe at a rate of $&-54 $ 9.51 per can per month. Of the rates collected, $&t8 $ 9.15 is retained by the Franchisee and $ 0.36 is retained by the City. b. SOLID WASTE & RECYCLABLES Existing complexes with curbside can service will be charged for solid waste and recycling pickup at each unit. Each unit shall receive curbside service for solid waste and recyclables and each unit in the entire complex must subscribe to the same level of service at the charges and retainages listed below: Franchisee Total Rate Category Old New City Recycling Franchisee Charge Rate Rate Retainage Retainage Retainage 10 Gal Mini Can ~ 5.16 -1.31 1.80 6.47 Monthly 20 Gal Mini Can 'I-fI4 8.55 -.87 1.80 9.42 Monthly One 32 Gallon Can H,39 13.68 .95 1.80 12.73 Monthly Two 32 Gallon Cans t&58 20.51 2.68 1.80 17.83 Monthly 60 Gallon Toter ~ 20.ll 2.00 1.80 18.ll Monthly 90 Gallon Toter i!<H8 27.03 5.50 1.80 21.53 Monthly 3 C.2. Multi-Family Customers Rates and Retainages for Collection of Solid Waste Using Toters, Cans or Containers A. SOLID WASTE SERVICE RATES RECEPTACLE SIZE 32 Gallon Can I Cubic Yard 1.5 Cubic Yards 2 Cubic Yards 3 Cubic Yards 4 Cubic Yards 6 Cubic Yards 8 Cubic Yards Bulk Mat'ls ($/yd) J Number of pickups per week I 2 I 3 I 4 I 9.51 &:54 53.61 4&H 71.59 64d6 96.37 ~ 125.20 ffi.,39 162.39 ~ 224.95 ~ 283.99 ~ 8.57 'h69 nla 96.87 86-096 130.05 +*-14 176.84 t5&:7o4 230.31 i!96:-t4 301.93 i!'t-HB 420.75 ?iFI-ÆB 533.23 ~ nla nla 140.14 H:He 188.51 ~ 257.29 B&:96 335.41 3eHJ9 441.48 3%-3G 616.53 ~ 782.46 ~ nla 183.41 f64,64 246.97 ~ 337.75 3Ø37l9 440.52 39:H4 581.03 ~ 812.33 ~ 1031.70 ~ nla nla 4 5 226.68 '2æ-:48 305.44 ~8 418.21 ~ 545.63 489f19 720.57 ~ 1008.11 994-85 1280.94 H49.,j6 Rates lncludc the Following: Monthly Rent & Service Rate Per Pickup nla Rent 9-:%8 10.34 Service 85t 9.99 Rent.¡..¡..,:t¡¡ 13.12 Service ~ 13.50 Rent ~ 15.92 Service M,68 18.58 Rent-t1H}4 20.10 Service i!+'t9 24.27 Rent ~ 22.84 Service '*"B .l2...U Rent ~ 29.16 Service 4G,59 45.22 Rent ~ 34.76 <., <~ nla B. CITY SOLID WASTE RET AlNAGE AMOUNTS Number of pickups per week RECEPTACLE SIZE I 2 3 4 5 32 Gallon Can ~ nLä nLä nLä nLä 60 Gallon Toter .25 n/a nla nla nla 90 Gallon Toter .25 nla nla nla nla I Cubic Yard .50 .50 .50 .50 .50 1.5 Cubic Yards .50 .50 .50 .50 .50 2 Cubic Yards .50 .50 .50 .50 .50 3 Cubic Yards .50 .50 .50 .50 .50 4 Cubic Yards 1.50 1.50 1.50 1.50 1.50 6 Cubic Yards 2.30 2.30 2.30 2.30 2.30 8 Cubic Yards 3.04 3.04 3.04 3.04 . - 3.04 Bulk Mat'ls ($/yd) 0 - C.3. RilJes Charged to MulJi-family Customers for the Collection of Recyclables Using Toters, Cons or Containers (Franchisee retains 100% of rates). RECEPI'ACLESIZE Number of pickups per week I 2 3 Special Pickups Rent (per month) 32 Gallon Can 5.56 nla nla nla nla 60 Gallon Toter 11.94 nla nla n/a nla 90 Gallon Toter 14.73 nla nla n/a nla 1 Cubic Yard 34.60 60.76 86.91 6.04 8.45 2 Cubic Yards 58.28 103.57 148.87 10.46 12.99 3 Cubic Yards 72.12 127.81 183.49 12.86 16.44 4 Cubic Yards 92.62 166.57 240.53 17.08 18.66 6 Cubic Yards 127.71 231.58 335.46 23.99 23.83 8 Cubic Yards 160.47 292.53 424.60 30.50 28.40 I G<= ""h, I ::1 I I I I Glass 60 Gallon 5 D. Rates for Commercial Solid Waste Collection Services Rates and Retainages for Collection of Solid Waste Using Toters, Cans or Containers D.l. Rates Charged to Customers for Uncompacted Solid Waste Collection Number of pickups per week RECEPTACLE SIZE Rates Include the 1 2 3 4 5 Following: Monthly Rent & Service Rate Per Pickup 32 Gallon Can 9.43 nfa nfa nfa nfa &54 60 Gallon Toter 26.40 nfa ufa ufa ufa 5:-9t 90 Gallon Toter 38.96 nfa nfa nfa nfa- ~ I Cubic Yard 53.12 96.00 138.88 181.76 224.64 Rent~IO.25 4&-H 86,% ~ -H*M ~ Service -&-9;t 9.90 1.5 Cubic Yards 70.94 128.88 186.82 244.76 302.69 Rent t+:-T8 13.01 6oH6 ~ ~ ~ ~ Service ~ 13.38 2 Cubic Yards 95.51 175.25 254.98 334.72 414.45 Rent ~ 15.78 ~ t5&'t4 ~ ~ ~ Service *'68 18.41 3 Cubic Yards 124.08 228.24 332.40 436.57 540.73 Rent +&e4 19.92 +H-o-39 æ6-R4 ~ 395,44 489ft9 Service '2+:'t9 24.06 4 Cubic Yards 160.93 299.22 437.52 575.81 714.10 Rent ~ 22.63 +45fR '2-t-HB 396,3G ~ ~ Service4&93 3.L21 6 Cubic Yards 222.93 416.97 611.00 805.04 999.06 Rent ~ 28.90 ~ 3=R-Æß 553-M ~ ge4-:95 Service 4&-59 44.81 8 Cubic Yards 281.44 528.44 775.44 1022.44 1269.45 Rent ~ 34.44 ~ 4f&M ~ ~ ~ '7 M Bulk Mat'ls ($/yd) 8.49 nfa nfa nfa nfa '1-,69 6 D.2. Rates charged for Compacted Solid Waste Collection (Customer's Own Container) FIRST PICK- EACH ADDITIONAL RECEPTACLE SIZE UP SPECIAL PICKUP PICKUP I Cubic Yard 42.24 42.24 42.24 3 Cubic Yards 104.08 104.08 104.08 4 Cubic Yards 138.56 138.56 138.56 5 Cubic Yards 163.52 163.52 163.52 6 Cubic Yards 188.48 188.48 188.48 8 Cubic Yards ~ ~ ~ lliÆ1 lliÆ1 lli.Æ! Note I: Pennanent accounts: service is defined as no less than scheduled, every other week pickup. Customers will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Note 2: In addition to all other applicable charges, a charge of $10.56 per yard (assessed on a prorata basis) will be assessed if containers are filled past their visible full limit, container lids will not close due to overfilling, or if additional materials are placed on or near the containers. D.3. City Solid Waste Retainage Amounts Number of pickups per week RECEPTACLE SIZE 1 2 3 4 5 32 Gallon Can ..1Q nLi! nLi! nla nfa 60 Gallon Toter .25 nla nla nla nla 90 Gallon Toter .25 nla nla nla nla I Cubic Yard .50 .50 .50 .50 .50 1.5 Cubic Yards .50 .50 .50 .50 .50 2 Cubic Yards .50 .50 .50 .50 .50 3 Cubic Yards .50 .50 .50 .50 .50 4 Cubic Yards 1.50 1.50 1.50 1.50 1.50 6 Cubic Yards 2.30 2.30 2.30 2.30 2.30 8 Cubic Yards 3.04 3.04 3.04 3.04 3.04 Bulk Mat'ls ($fyd) 0 7 E. Rates for Temporary Solid Waste Collection Services -- Residential or Commercial SIZE OR TYPE OF CONTAINER SERVICE TYPE I YD 1.5 YD 2 YD 3 YD 4YD 6YD 8 YD Temporary Account Inilial Delivery 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Pickup Rale' 12.90 16.38 21.41 27.06 34.83 47.81 60.04 Renl Per Calendar Day 1.00 1.00 1.00 1.00 1.00 1.50 1.75 Rent Per Month nfa nfa nfa nfa nfa n/a n/a . Note: Piek '1' tOl< i, b""cdBn eðllecIiBna'<Õltlift~!õ II,. "'" lI1at arðtilctl .d.iele i. in !he .itini!) "flhe tempolM) MltlaÌf\er. Cog!Bm.cr ~¡¡¡ be inf"rmed Bf!hi. piek "I' <!tIte (BI <!tIte Bpli<m.) tlpðn Brtlel~ ""nlftinel. If .""",mer reqtIe3t3 M. Bn delllftlld pi.k tip, a JepMate .pedal tlbpaleh fee ma) be a33e33etl II) the ha.lel, ift addition tB the ftb6.e piek "plate. The above nick-up rate anplies when collection is made durin. the rerularlv scheduled nick-un <ù\y( s) for the vicinitY of the temoorarv container Customer will be infonned of the scheduled nick -Qp date (or date ontions) uoon orderin. container If customerreauests a nick-un on otherthan the re.ularlv scheduled pick-ul'date a special dispatch fee mav be assessed in addition to the above pick-up rate. There are no retainages associated with Temporary Solid Waste Collection Services F. Rate for Special Dispatches and Container Clean-Outs For residentiaior commercial speciai dispatches, the rate shall be $6&M $66.9i per hour, with a minimum of one-haifhour, pius tipping fees to dispose of the material (if such tipping fees are not already included in service requested). Time shall be char.ed from the time the vehicle leaves its scheduled rou!e (or the collector's terminal) until its return to the route or terminal. Time shall be recorded to the nearest 15 minute increment Up to one container clean-out per calendar year shall be provided at no cost tn the customer upon request. More frequent clean-out custom"- . clean-outs may be assessed a reasonabiecharge by the franchisee. There are no retainages associated with Special Oispatchor Clean-OIl Services. 8 G. Drop-Box Rates OLD RATE PERMANENT I M:NIHLYRINf NEW RATE OLD RATE NEW RATE DELIVERY MONTHLY RENT (PER HAUL) (PER HAUL) CHARGE 20 Yard 3f.:5G 34.78 54,H 59.75 N/A 25 Yard 3S-:M 38.66 54,H 59.75 N/A 30 Yard 4H<I 45.53 54,H 59.75 N/A 40 Yard ~ 61.01 54,H 59.75 N/A OLD RATE HAULING TEMPORARY OLD RATE DAILY RENT (PER HAUL) (PER HAUL) DELIVERY 20 Yard ;!,44 2.69 6'H4 74.23 29.26 25 Yard ;!,44 2.69 6'H4 74.23 29.26 30 Yard 'h't9 4.18 74.23 29.26 40 Yard 'h't9 ill 74.23 29.26 COMPACTORS 10+ Yard N/A 88.19 N/A Note: There are no retainages associated with Drop Box Services H. King County Disposal Fee Increases My future disposal fee increases, as established by King County Solid Waste, for use of King County transferslations,landfills, and other ;(ing County facilities, shall be automatically passed through and assessed, after all publ!>: notice as required by law, against the use of toters and containers designated for solid waste and not assessed against the use of toters or containers designated for recyclables. I. Return Trips When a collector is required to make a return trip to pickup material that was unavailable for collection, for reasons under the control of the customer only, the following additional charges will apply. Can, unit or mini-can, recycle bins, toters ................................... $ 10.50 Containerl-8yd ......................................................... $12.50 Drop Box .............................................................. $32.50 8/31/98 K:\CQUNCtL IAGDBILLS\I998\RA TEINCZ.EXA 9 EXHIBIT "B": Solid Waste Franchise Agreement (Pages 1 - 8, proposed changes OIÙY) CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION The City of Federal Way, Washington, a Washington municipal corporation (hereinafter "City"), grants to Federal Way Disposal Company, Inc., a corporation qualified to do business in Washington (hereinafter "Franchisee"), a Franchise for Solid Waste and Recycling Collection as set out more fully herein. WHEREAS, the City of Federal Way incorporated on February 28, 1990; and WHEREAS, the Franchisee had a franchise through the Washington Utilities and Transportation Commission ("W.U.T.C.") for the collection of solid waste for a major portion of what is now the City;. and WHEREAS, State law requires that any W.U.T.C. franchise for solid waste and recycling collection existing at th~ time of incorporation continue for a period of five years; and WHEREAS, the City desires to grant, and Franchisee desires to obtain, a municipal franchise for the provision of solid waste and recycling collection; and WHEREAS, it is in the best interest for the public health, safety and welfare that the City grant a franchise for the provision of these services; and WHEREAS, the Franchisee desires to waive any rights jt may have to participate in the ongoing W.U.T.C. franchise as consideration for entering into this Franchise and to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving the W,U.T.C. franchise and entering into this municipal franchise; NOW, THEREFORE, In consideration of mutual promises and agreements contained herein, it is agreed as follows: 1. Waiver. The Franchisee hereby waives any rights it may have to participate in the ongoing W.U.T.C. franchise as consideration for entering into this Franchise and agrees to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving the W.U.T.C. franchise ~~d entering into this municipal franchise. 2. Definitions. As used in this Franchise the following - 1 - -------.--... . ----'.. ---"--_n'_~___---- EXHIBIT "B" , Page 2 of 8 definitions apply: A. "Collection Company" means the persons, firms or corporations or combination thereof certified by the Washington Utilities and Transportation Commission ("W.U.T.C."ì pursuant to chapter 81.77 RCW to engage in the business of operating as both a garbage and refuse collection company, including an authorized franchisee for the collection of recyclable materials under this Chapter in areas including all or part of the City. B. "Commercial Customer" shall mean a non-residential, non-industrial customer aad the:Je ffi1:l1ti family comþlcJCes Hot Gclcctiag zcsiècatial scr:icc fez cach uait. C. "Comminqled Recyclable Materials" shall include at a minimum- uncontaminated Daper items includina: cardboard. mixed waste Daper. newspaDer. and magazines: and containers including' HDPE and PET labeled ~lastic bottles. and steel and aluminum cans provided that such containers are emptv of their oriainaJ- contents. clean. and did not oriqinallv contain hazardous substances Service provider mav acce~t additional recvclable materials not on this list at their sole discretion. €-dL... "Detachable Container" means any garbage or recycling receptacles compatible with the Franchisee's equipment that is not a mini-can, standard garbage can, garbage unit, or mobile toter. Drop boxes are considered detachable containers. Detachable containers are generally provided by Federal Way Disposal, but may be owned by customers at the customer's request and with the Franchisee's approval. B-,.E... "Director" means the Director of the Public Works Department. E--,.L "Eligible Household" shall mean a rc:Jidcacc residential structure containing not more than four (4) dweliing units and in which each unit receives single-family ~ residential collection service&. ~ "Environmental Damage" as the term used in this chapter shall include but not be limited to damages, costs, claims and liabilities for alleged injury, harm or degradation to the air, soils, surface water or ground water, damages, costs, claims and liabilities for personal injury or property damages (including diminution or.destruction of property values) arising from any such alleged injury, harm or degradation. This term shall also include any investigative, response or remedial costs or liabilities that may be incurred or imposed under CERCLA, 42 use §9601 et seq.; ~ EXHIBIT -B", Page 3 of 6. RCRA, 42 USC §6902 et seg.; the State Water Pollution Control Act, RCW 90.48; the Washington Clean Air Act, RCW 70.94; the State Hazardous Management Act, RCW 70.105; the State Hazardous Waste Fee Act, RCW 70.105A; and other Federal or State environmental laws. The term shall not include capital, operating and management costs in accordance with current or future standard practices or required by applicable regulations governing the operation of solid waste facilities. G-c-H..... "Extra Unit" is defined as. garbage set out in addition to the amount of service subscribed to by the customer, such as large items as flocked Christmas trees and garbage in boxes, cartons, bags, garbage receptacles, etc. Each extra unit is from one to 32 gallons and shall not exceed 32 gallons, 4 cubic feet or 65 lbs. (including contents). An extra unit charge shall be levied when an extra unit is set out by a customer. and collected by the Franchisee. H-,.L... "Franchisee Retainage" means' the amount. of the monthly rate per account that shall be retained by the~Franchisee from actual cash collections in consideration for the cost of service. ~ "Garbage" means all accumulation of refuse, swill, and other solid waste matter not intended for recycling or reuse and discard~d as of no further value to the owner. 1. "Refuse" means waste matter discarded as of no further value, including broken concrete, plaster, brick, other building materials, building waste, fire refuse and waste, ashes, cinders, clinkers, broken-up household furnishings and equipment, discarded hot-water tanks, bottles, barrels, cartons, and scraps of wooden crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, automobile bodies, and large auto parts. 2. "Swill" means all accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish, fowl, fruit, and vegetables. 3. The term "Garbage" excludes recyclable materials intended for recycling under this Chapter, yard waste, manure, sewage and sewage sludge, dead animals over fifteen (15) pounds, and cleanings from public and private catch basins, wash racks or sumps. Collection and disposal of matter excluded from the term "Garbage" shall be as otherwise provided by law. J-.L "Garbage Receptacle" includes detachable containers, - 3 c EXHIBIT "B'" page 4 of 8 mini-cans, standard garbage can, garbage unit and/or mobile toters. *-c.L..... "Garbage Units' means secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed sixty-five (65) pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags, or securely tight cartons or other receptacles not intended for recycling under this Chapter and able to be reasonably.handled and loaded by one person unto a collection vehicle. %r:-M.... "Industrial Customer" shall mean any commercial customer for municipal solid waste collection services in the City generating in excess of one hundred seventy-five (175) tons of municipal solid waste per week on an on-going basis. M-:-I:!L. "Industrial Waste" shall mean and include waste generated as a by-product of manufacturing operations, usually consisting of large quantities of paper, cardboard, metal, plastic, scrap lumber and dunnage, and other materials incide~tal to and connected with manufacturing process and not otherwise included in the definition of "Garbage", "Hazardous", or "Special Waste", as described herein. N-:-Q... "Mini-Can" shall mean a ten or twenty gallon can used for the collection of residential garbage by the Franchisee. These cans shall be provided by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned to residences for the health, safety, convenience and general welfare of the occupants. &-,..E... "Mobile Toter" means a moveable receptacle which holds sixty (60) to (90) gallons at a maximum of two hundred (200) pounds of garbage, and a hinge type and lid with tight fit, thick- skinned, one-piece balanced weight body which sits on tires, which will be picked up at curbside with hydraulic equipment. These toters shall be provided to customers subscribing to toter service by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned for the health, safety, convenience and general welfare of the customers. ~ "Multiple-Family Complex" shall containing five (5) or more dwelling units. mean a structure R. "Multi-family Customer" shall mean residences containinG five (5) or more dwellinG units not selectinG single familv residential service for each unit. 0-c~ "Payments to the City" means the amount of the rate -4- EXHIBIT "B" , pa<;Ïe 5 of g per account less the franchise retainage amount that shall be paid to the City within thirty (30) days from the billing of customer accounts. .' 'l" " ~ R-c-T.... "Person" means every person, firm, partnership, association, institution, or corporation in the City of Federal Way accumulating garbage requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupation and/or the owner or any premises for which service herein mentioned is rendered. 67!l.... "Recycling Receptacle" includes the following: 1) designated bins, mobile toters or detachable containers in which recyclable materials can be stored and "later placed at curbside, alley side or other location designated by the Director or the Franchisee with the concurrence of the Director. 2) designated commercial detachable containers and compactors at locations as may be specified by the Director or 3) any bag, box or containment unit set out by the customer that is clearly identifiable to collection personnel by means of a labe} or sign, as containing recyclables, which must also be collected by collection personnel when recyclables are collected, except when such containment units exceed sixty-five (65) pounds in weight. '¥-c-:\L.... "Recyclable Materials" means waste materials generated in the City of Federal Way capable of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and non- ferrous cans, HDPE and PET plastic bottles (bottles are defined as having a neck) except bottles that once contained dangerous or household hazardous waste, mixed paper, magazines, and cardboard accumulated and intended for recycling or reuse and collection by the Franchisee. This term excludes all dangerous wastes and hazardous wastes defined in chapter 70.105 RCW and chapter 70.105A RCW, yard wastes and solid wastes intended for disposal in a land fill, incinerator, or solid waste disposal facility under WAC 173- 304. All recyclable materials intended for collection by the Franchisee shall remain the responsibility and ownership of participants until such materials as contained in recycling receptacles are placed out for collection by the Franchisee. Materials then become the responsibility and the property of the Collection Company or authorized contractor subject to the right of the participant to claim lost property of value. W. "Residential customer" shall include both households and multiple-familv customers as defined herein. eliqible -', - -~_.._----_. ---_.. ...- .-n---.- .-.-.---. EXHIBIT "B" , Page 6 of 8 X. "Sinale Family Residential Service" shall mean ~o]]e~~ion service 9rovided by collection company to customers which ar~ ~:~~~;~ commercial nor industrial businesses This service shal~ i~;; " seoara~e curbside collection of source-seoarated recvclah]e ma;~~:~;: listed in Section 3.B of this franchise without extra charqe~ ~Y.... "Solid Waste" shall be as defined under WAC 173-304- 100 (73), and includes refuse with the exception of sludge from wastewater treatment plants and septage, from septic tanks, extremely hazardous wastes, dangerous wastes, and problem wastes as defined in WAC 173-303 and 173-304, and chapter 70.105 RCW and chapter 70.105A RCW. v-,..z...... "Solid Waste Utility "shall mean that fund of the City of Federal Way managing the financial and administrative responsibility for solid waste colleGtion and disposal and recycling. - w-,.l;A. "Solid Waste Utility Program" shall mean the functions performed by the City associated with solid waste collection and disposal and recycling. *-'-A!L.. "Special Dispatch". A pick-up requested by a resident or business at a time other than the regularly scheduled pick-up time, if applicable. If a special dispatch is required, the rates as adopted in the ordinance concerning rates adopted by the City Council will apply. -. ¥-,.~ "Standard Garbage Can" means a water tight, galvanized, sheet metal, raised-bottom containment unit or suitable plastic containment unit approximately but not exceeding 4 (four) cubic feet or thirty-two (32) gallons in capacity, weighing not over fifteen (15) pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. Standard garbage cans shall be provided by residents. -3-.~ "Waste, Hazardous or Dangerous," means any solid waste designated as dangerous or hazardous waste by the State Department of Ecology under chapters 70.105 and 70.105A RCW, and such waste shall be disposed of consistent with the Department of Ecology Rules and Regulations. AA-. ~ "W.U.T.C." means the Washington Utilities and Transportation Commission. A£-.AF. "Yard Waste" shall include, but not -be limited to; grass clippings, sllrubbery, leaves, tree limbs and branches, -6- ,;.".'. ... EXHIBIT "B". page 7 of 8 which branches cannot exceed. three (3) inches in diameter and four (4) feet in length, and excludes sod and rocks. AG-,.l'JL.. "Yard Waste Bundles" shall consist of yard waste limbs and branches and shall not exceed any of the following maximums: four foot length; two foot diameter; or wei~ht of sixty- five (65) pounds. 3. Scope of Work. A. The Franchisee agrees to furnish all labor, materials, facilities, services and equipment necessary and to collect, process and market all recyclables and to collect all solid waste, garbage, refuse, or yard waste accumulated within the boundaries of the City of Federal Way and within the parameters of the W.U.T.C. commission franchise for collecti9n currently held by the Franchisee. The work will be performed in accordance with all ordinances, rules and regulations of the City, in accordance with the provisions of the King County Comprehensive Solid Waste Management Plan with Addenda as adopted by the City and the Interlocal Agreement entered into between the County and the City and in accordance with the terms of this Franchise. B. The Franchisee agrees to collect, process and market.:a~l newspaper, magazines, mixed waste paper including cardboard, aluminum and t1ri cans, glass bottles and jars, HDPE and PET bottles (bottles are defined as having a neck), except bottles that once contained dangerous or household hazardous waste, materials and yard waste placed on the curb by City residents for collection, all in accordance .with the Federal Way Waste Reduction and Recycling Program adopted by the City and any addenda thereto. Additional materials may be added by mutual agreement of the City and the Franchisee. In those instances when an added commodity increases Franchisee costs, the City and the Franchisee will negotiate a change in the rates. Multiple-familY customers shall be eliqible to receive collection of Comminqled Recvclable Materials. in accordance with rates established by the City for Comminqled Recyclable Materials and standard qarbaqe collection services for Multi-family customers. C. The r::ollection Franchisee shall provide, operate a Center which would provide the following programs: maintain and 1. Buy-back Center - for those citizens who wish to take their recyclables to a buy-back center and receive payment. The items accepted must be the same as those accepted in the curbside collection program. However, the buy-back center will only pay for those items which it determin~s shall receive. cash reimbursement. Customers of the Franchisee ~hc -7 - _u_----.---_C- -~~BIT "B;' , Page âf2ta ---- are billed directly for garbage collection shall be credited on their solid waste collection account in an amount not to exceed $1.00 per month, providing that customers submit with garbage and recycling service payments (not more than 90 days old) a receipt provided by the drop-off center. 2. Drop Center - To collect white goods, bulky items, yard wastes and chipping services. The City reserves the right to add or delete materials, collection items and services, and allow modification of the location of the center when mutually agreed upon between the City and Franchisee. If the Center is provided through a subfranchisee, that subfranchis~e shall be subject to the same terms and conditions of this Franchise, including but not limited to bonding and insurance requirements. The Franchisee shall not assign or subfranchise any of the work or delegate any of its duties under the Franchise without the prior written-approval of the Director. If the Federal Way Neighborhood Recycling Center decides not to provide the buy-back center/drop-off center services, the Franchisee will make eve;y - effort to provide such within six (6) months of the date of this Franchise. may elect is deemed the rates D. The program is voluntary for City residents. The Ci~y to enact mandatory participation legislation. If such legislation likely to affect the Franchisee's cost, the City will renegotiate and retainages. E. Curbside collection of recyclables will be from €-i-E-y aiR!:Jle famil) zesideRcca and multi famil) d\.elliRga ..ith four or fc..cr uRito eliaible households. The City may elect to. extend collection to other residences and will renegotiate the price with the Franchisee should it do so. F. Collection of solid waste shall be from all single- family, multi-family dwellings, industrial and commercial units within the City. G- The Franchisee shall supply all the labor, equipment, facilities, financial guarantees, liability insurance and fees for disposal sites required to provide the service as described in this Franchise- This Agreement shall not prohibit the customary collection and sale of -ecyclable and reusable materials by persons or private recyclers, provided ~at the Franchisee has the exclusive right to collJct curbside recyclables, - 8 - IS MEETING DATE: September/, 1998 ITEM# . :xz:- «ij .......... ... ...................... ....... """""""""""""""""'" ................... ......... ...... .................... .......... """"""""""""""'""""" """"""" """"" CITY OF FEDERAL WAY City Council AGENDA ITEM ....~. Y..~.J.~ ç!.:.. .¥..~.Il.~~Il..~...w.Il..Y.. .ç.().~.~...ç.!!.y'..Ç.().1l.~1...Ç~Il.P.~~~..~...~.~.~.~Il.~.~.~.~....... ..................... .... ........... ............... CATEGORY: BUDGET IMPACT: XCONSENT _x_ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $N/A Expenditure Amt: $N/A Contingency Reqd: $N/A ....................................................................................................................................................................................................... ............................................................ ATTACHMENTS: Draft Ordinance ..................................................................................................................................................................................................."""" """""""""""""""""""""""""""" SUMMARYIBACKGROUND: This draft ordinance is intended to adopt the Washington State amended 1997 Unifonn Codes as required by state law, adopt three local amendments to the state building code and clean up redundant language in Chapter 5 of the Federal Way City Code (FWCC). ....................................................................................................................................................................................................... ............................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: On August 3,1998, the committee recommended to the full council adoption of this ordinance amending Chapter 5 of the Federal Way City Code as recommended by staff. ........................................................................................""""""""""""""""""""""""""""""""""""""""""""".................................................................. .............. CITY MANAGER RECOMMENDATION: r1tr-v<~< 14 .,;:-";cû,., <.",.L,~-c,~. .. ...................................................................................................................................................................1.Ld."'f.l.¡J~&~1f.................. .................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: G?)~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # <~( "1/11 '?r N T E R MEMO 0 F F c E Subject: Date: Land Use and Transportation Committee Mary Kate Gaviglio, Building Official 1997 Unifonn Code Adoption and FWCC Clean Up August 3, 1998 To: From: Attached is a copy of a proposed ordinance intended to adopt the Washington State amended 1997 Unifonn Codes as required by state law, adopt three local amendments to the state building code and clean up redundant language in Chapter 5 of the Federal Way City Code (FWCC). The following summarizes what is contained in the ordinance. Adoption of State Buildinl! Code Adoption of the state amended Unifonn codes is :;traightforward. The state adoption of the amended codes became effective July I, 1998. The city has been enforcing the new code as required by state law since that date. However, the code has not yet been fonnally adopted by the city. As part of this ordinance, language has been added to the FWCC which will automatically adopt the current state adopted code eliminating the need to amend the FWCC every three years to keep current with state law. Local Amendment of the State Buildinl! Code Cities have the authority under state law to adopt local regulation without approval by the State Building Code Council as long as it does not affect residential construction of four dwelling units or less. The three new local amendments in this ordinance fit this classification. The first local amendment proposed by this ordinance does not adopt a state amendment allowing steeper stairs with shorter treads in commercial occupancies. Fire service personnel and building officials opposed this state amendment when it was approved by the State Building Code Council in 1995. The amendment was primarily intended to save space in high-rise buildings. It is generally felt that this amendment negatively impacts second story emergency response and creates potentj¡J emergency evacuation problems without generating a major space saving benefit in low to mid-rise buildings. The Federal Way Building Division by policy has not enforced this amendment. This ordinance fonnally excludes it from local adoption. The second local amendment excludes the state amendment which allows plastic plumbing materials for waste drains and vents in buildings of any height. The original language in the Unifonn Plumbing Code limits the use of these types of materials to building of three stories and less primarily because of the perfonnance of these materials in fire situations. The plastic materials develop thick toxic smoke and leave passageway for fire spread in wood frame buildings. Limiting their use to three story buildings has been accepted as a reasonable level of Land Use and Transportation Committee Page 2 August 21, 1998 risk throughout the United States as evidenced by the proposed International Plumbing Code which contains a similar provision. The third local amendment codifies a city policy that has required a disconnect for mecahnical units adjacent to and within sight of the service side of the equipment. This provision is to protect maintenance workers from electrocution by inadvertant energizing of mechanical equipment due to remote location of the required disconnect. FWCC Housekeepinl! Amendments Create "perpetual adoption" language Update code references to the Unifonn Codes Update state code references to match 1997 state code adoption Eliminate FWCC language already contained within the body of adopted Unifonn Codes Eliminate Sign Code from Chapter 5 Consolidate all Unifonn Codes pertaining to existing buildings under one article "Existing Buildings" (Unifonn Housing Code (UHC), Unifonn Code for the Abatement of Dangerous Buildings (UCADB), and Unifonn Code for Building Conservation (UCBC)) Eliminate repeated references to the appeal process by pointing to a single code section in Chapter 5 for appeal process infonnation. Eliminate conflicting appeal language from Unifonn Codes. Staff Recommendation The committee recommends to the full council adoption of this ordinance amending Chapter 5 of the Federal Way City Code as recommended by staff. DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 5 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 1997 UNIFORM CODES. (AMENDING ORDINANCES NOS. 90-33,92-143, AND 95-234) WHEREAS, the City of Federal Way is required to adopt the State of Washington Uniform Building Code as amended by the State Building Code Council pursuant to RCW 19.27.031; and WHEREAS, the State Building Code Council has mandated that the Uniform Codes become effective on July I, 1998; and WHEREAS, the City has detennined that it is necessary to protect the public heath, safety and welfare by adopting the 1997 Unifonn Codes as published by the International Conference of Building Officials (ICBO); and WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Process IV review; and WHEREAS, the City of Federal Way has considered a proposed change to the FWCC relating to the Unifonn Building Code (Proposal); and WHEREAS, the Land Use and Transportation Committee of the City Councii considered the Proposal on August 3, 1998 and moved to forward the proposed Building Code amendment to Chapter 5 of the Federal Way City Code to the full City Council; and NOW, THEREFORE, ORD# , PAGE I THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Amend Chapter 5 index as follows: Chapter 5 BUILDINGS AND BUILDING REGULA nONS. Article I. In General Sec. 5-1. Purpose. Sec. 5-2. Conflicts. Sec. 5-3. Interpretation. Sec. 5-4. Application and scope. Sec. 5-5. Copies of codes. «See. 5 6. W!!3hiflgtÐII State Ellergy Cðtk Aclðl'teà.)) Sec. 5-«7. Same ^"l'eall'fðee33.))6 Appeals Secs. 5-«&))1--5-35. Reserved. Article II. Administration Sec. 5-36. Right of entry. Sec. 5-37. Authority to adopt rules and regulations. Sec. 5-38. Liability. Sec. 5-39. Deviations. Sec. 5-40. Additional conditions. Sec. 5-41. Appeals. Sec. 5-42. Permits. Secs. 5-43--5-65. Reserved. ORD# , PAGE 2 Article III. Building «Cðft~h "diDft Staftdard~»Code Sec. 5-66. Building codes adopted. Sec. 5-67. Amendments. Sec. 5-68. «Appefth.» Uniform Building Code Section 105 amended- Board of Appeals Secs. 5-69--5-90. Reserved. Article IV. Plumbing «Staftdard3»!.&!!.!: Division I. Generally Sec. 5-91. Appeals. Secs. 5-92--5-100. Reserved. Division 2. Permit «See. 5 101. Reqtlireå.» Sec. 5-IO«~»1. To whom issued. «See. 5 103. 13~tlftfiee.» Sec. 5-10«4»2.. Fees. Secs. 5-10«5»;1,--5-115. Reserved. Division 3. Standards Sec. 5-116. Plumbing code adopted. Sec. 5-117. Amendments. Sec. 5-118. County rules and regulations adopted relating to on-site sewage disposal systems. «See 5 119. D!If1!!:er6t1~ m,å ift~!lftitary e6MHtleti6ft.» Secs. 5-1«'M»19--5-l40. Reserved. ORD# , PAGE 3 Article V. Mechanical Code Sec. 5-\41. Code adopted. Sec. 5-142. Amendments. Sec. 5-143. Appeals «preeess)). Secs. 5-\44--5-\65. Reserved. Article VI. «II6luing 8tandslds»Existing Buildings Sec. 5-\66. Code:> adopted. Sec. 5-\67. Appeals «preeess)). Secs. 5-\68--5-\90. Reserved. «Artide "Y. Unsafe, DilApidated, Danger6us Buildinp) «See. 5 \91. CöðC lIðöl'ted.)) «See. 5 \91. Amenðments.)) «See. 5 \93. Al'l'call'föecss.)) ((Sees. 5 194 52\5. R-esmeð.)) Article Vll«:I). Swimming Pools, Hot Tubs, Spas Sec. 5-2\6. Reserved. Sec. 5-217. Compliance required. Sec. 5-2\8. Enforcement. Sec. 5-2\9. Violations and penalties. Sec. 5-220. Satisfactory alternate. Sec. 5-22\. Retroactive effect. Sec. 5-222. Fences and gates--Required. ORD# , PAGE 4 Sec. 5-223. Same--Waiver for inaccessibility. Sec. 5-224. Same--Covered pools. Sec. 5-225. Excavation walls; distance from slope; walkway. Sec. 5-226. Appeal process. Secs. 5-227--5-245. Reserved. Article «I*»VIII. Moving Buildings Sec. 5-246. Purpose and scope. Sec. 5-247. Definitions. Sec. 5-248. Classification of movements. Sec. 5-249. Permit required. Sec. 5-250. Application for permit. Sec. 5-251. Fees. Sec. 5-252. Deposits; insurance. Sec. 5-253. Conditions for issuance of permits. Sec. 5-254. Escort. Sec. 5-255. Time. Sec. 5-256. Lights. Sec. 5-257. Notice to utilities. Sec. 5-258. Condition of lot. Sec. 5-259. Appeals. Secs. 5-260--5-280. Reserved. ORD# -' PAGE 5 «Artiele X. Signs» «See. 5 281. Côðe a<Íôptecl.» «See. 5 282. Permit !lftd eheeking fem.)) «See. 5 283. Dutie] ôfbuilding effjeial.)) «See. 5 284. l'l'l'eall'f6ee]].)) «Sees.5285 5 319. Re]med.)) Article «*I»IX. Electrical Code Sec. 5-320. Electrical codes adopted. «See. 5 321. Display ef ,,6rking I'efftlit)) Sec. 5-32«>?:»1. Effect of chapter on existing wiring. Sec. 5-32«:;))Z. Amendments. ~. Chapter 5, Article I, sec. 5-6 of the Federal Way City Code shall be amended as follows: ARTICLE I. IN GENERAL «See. 5 6. Vi ashingtðn State Ene. ~ C6de Ad6pted The 'NlI3ftiflgt6n Slale Energy C6de, VU.C eft. 15 11,113 it na" eKi]t3 6r Ma) hereafter be ltIIIenclecl, IIdel'ted 113 speeifiecl in RC'N 19.27 A.e2e is aclðl'ted by refereliee 113 if set rem ili full. The I'tIf!'Iese 6fthis eade i] net t6 creMe 6r 6thef'hise e]tllblish ar desigliMe IIny I'llflieular elll3s er grtIul' afl'efS611S ,,116 "iller ]lIoold be especially I'teleeted ar benefited by the term] 6fthis e6de.)) ~. Chapter 5, Article I, sec. 5-7 of the Federal Way City Code shall be amended as follows: ORD# , PAGE 6 Sec. 5-«'1-».6: «Same Appeal P, ðee83 »Appeals Any appeals of any decision rendered pursuant to this ((!tftie!e))~ shall be made to a hearing examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process 1 of chapter 22, Zoning. ~. Chapter 5, Article I, sec. 5-8 of the Federal Way City Code shall be amended as follows: Sec. 5-«(8»1- 5-35 Reserved Section 5. Chapter 5, Article II, sec. 5-41 of the Federal Way City Code shall be amended as follows: Sec. 5-41. Appeals Appeals made from any ruling under this article shall be pursuant to FWCC sec. 5-6. ((re the hearilig ext!ßÜlier appôinted by the eity. Preeeðtlral rules eôfleeffiÎlig appeal3 sl.all be ~ prð . idea ili preee33 1 ðf Chapter 22, Zðniftg.)) ~. Chapter 5, Article III, sec. 5-66 of the Federal Way City Code shall be amended as follows: Sec. 5-66. Building codes adopted. (((a) There i3 hereby a6ðpted by refereliee the UnifðffIl Btlilclifig Code (UBe), 1991 Editie>!l, ~ ptlblished by the Internatiðnal CðnfereftCe ðf Btlilding Offieial3, 1lfi6 ~ adðPted by the state pUr3t1ant te WAC eh. 51 20, ineltlding tl.e fôllô..ing Appendix ehal'ters: ORD# , PAGE 7 ( I) Chapter, J, Oi.isi6n II, Agriel:littlral Bl:lildings. (2) Chapter, 3, Oi.isi6n IV, Ileql:liremenU for Gr61:1p R, Oi.isi6n 4 Oeeupaneies. (3) ChaptEr, 4, OJ. isien I, S.. inmlÌftg Pe5ls. ( 4) Chapter, 15, Il-el'ßðfiftg. (5) Chapter, J I, Oi. isieft II, Membntlle stll:lctures. (6) Chapter, 33, Exea.atien and Grading. (7) Chlll'tcr, J 1, Oi.isi6n I, Life Saf~ Requiremems f5r Existing Bl::lildiftgs ether than High Rise Builcliflgs. (b) These editi6ns life hereby ifleef'l6I'ftted II:! set feftft ill filII. Jtlbject ttI the tIftIendmcIHJ, additiefts er dektiel\s set f6ft!¡ ill seetieft 5 €-7. The pl::lfJeJe 6f these cedes is ftßt ttI ereMe er 6theF..ise establish 6r designate IIßY ptlftiel:llm elll:!J 5r gfÐUp ef perS5ftJ ..he ..ill 5r sh5ulcl be espeeitllly prßteetecl5r beflcfitecl by the terms efthis C6de.» The following codes all as amended added to or exc¡:pted in this ch<\pter tolZether with all amendments and additions provided in this title are adopted and shall be !\pplicable within the ci~. A The followin¡¡¡ chapters of the Washington Administrative Code as presently constituted or as ma,y be subseQJ.Iently amended. 1.. Ch<\pter 51-30 WAC -- Barrier-free facilities. and 2.. Chapter 51-II WAC -- Washington State Ener¡¡¡y Code. and J... Ch<\pter 51-13 WAC - Washington State Ventilation and Indoor Air Ouali~ Code. and 1.. Chapter 51-40 WAC -- State Building Code Adoption and Amendment of the 1997 Edition of the Uniform Building Code and Uniform Building Code Standards. except ORD# , PAGE 8 section 1003 3 3 3 which is adopted without state amendment except as the amendment applies to four dwelling units or less. and .!i. Appendix Chapters 3 Division II and Division II. 4. IS. 31 Division II. 33 34 Division I of the Uniform Building Code 1997 Edition published by the International Conference of Building Officials Section 7. Chapter 5, Article Ill, sec. 5-68 of the Federal Way City Code shall be amended as follows: Sec. 5-68. «Appeal ploeus »Uniform Building Code Section 105 amended- Board of ~. Section 105 of the Uniform Building Code, as adopted by this chapter, is hereby amended to read as follows: «An) 8;I'I'CIl13 6f 1111) detJÎsi611 rclulcred 'JtlrJ1:Iant 16 !:his artielc shall bc made 16 II hearillg exlIII,illcr al'l'eJillted by the city 'J1:IrJ1:I1I1It te !:he 'Jfficeooral fI1les e611ecffiing IIl'l'ell13 113 set rom ill I'ffiec33 I 6f chapter 22, Z6l1illg.») I 05 I General Hearings and decisions of appeals of orders decisions or determinations made by the Building Official relative to the a.pplication and intet:pretation of this code shall be made to the Hearing Examiner pursuant to FWCC sec 5-6 105 2 Limits of Authority The Hearing Examiner shall have no authori~ relative to the intet:pretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code Section 8. Chapter 5, Article IV, of the Federal Way City Code shall be amended as follows: ORD# , PAGE 9 ARTICLE IV. PLUMBING «STANDARDS» QIDE" DIVISION I. GENERALLY Sec. 5-91. Appeals «--pt'fteeM». An} al'pealJ ef ftfiy tleeiJiõn renclereclptif3tiftfit t6 this ftftiele Jhall be matle tõ a hearing exftfiliner app(jintetl by the eit} ptlr3tiallt t(j the preeecltirall'UleJ e(jlleernillg apl'eal3 It! Jet f(jrth ill I'I'ðOO!J I (jf eflllfJtef 22, Zõfting.» Appeals made from any ruling under this article shall be pursuant to FWCC sec 5-6 Sees. 5-92--5-100. Reserved. DIVISION 2. PERMIT* «See. 5 191. Reqtlired. (a) It 3ha11 be tillla,tful f(jr IIl1) pef5ell t6 illstftll, refft(j, e, alter, repair (jr replaee, (jr efttl3e t8 be inJtftlled, reme,ed, altered, repaired õr rel'laeetl, !lilY plambing (jr tlraiftage pipillg ..(jrk (jr all) fixturG er ..!Iter treftting eqttipmellt in a btlilding (jr premiJe3 ..ith6tit firJt õbtairiil\g ape_it t6 tI(j Jtieft ..elk ffßm tile btliltling (jffieial. (b) ,\ Jeparllte fie_it shall be ebtaifted f(jr eaeh btiilðil\g (jr 3ft t1ett!re. (c) No pcf5ol13ho:l.l allo.. !III) ðther 1'=81\ t8 tl8 8r eIttlSe t6 be d8ne 8ft} ..erk 1:lIIder a fie_it seel:lretl by a permittee exeept ..6rk may be tl8ne by pel'88113 il\ hi3 8T her eml'18Y .» Sec. 5-10«i)U. To whom issued. A permit may be issued under this division to a properly licensed person in conformance with current state contractor licensing laws, RCW ch. 18.27. A licensed general contractor or owner shall be issued a plumbing permit as a portion of the required building permit when approved plans indicate plumbing fixtures. ORD# ,PAGE 10 «See. S 103. Issuance. If the Imilding official deteffflines tl,at the plalis, speeifielltiolis, dra., iligs, deseriptiolis or i!lwrmatiðn Nfflished b) the tlf'pliellflt life in eemplialiee .,ith this chapter, he ðr she shall isstle the peffflit applied fðr tlpOft va) ment of the retttlired fee.» Sec. 5-10«4» 2. Fees. Every applicant for a peI1llit to do work regulated by this Code shall indicate in writing, on the application foI1ll provided for that purpose, the character or work proposed to be done and the number and kind of fixtures proposed, together with as much pertinent infoI1llation as may be required. Prior to issuance, the applicant shall pay for each peI1llit a fee in accordance with the fee schedule set by resolution and on file in the city clerk's office, as now exists or is hereafter amended, deleted, added to or modified. Sees. 5-10«5»3-5-115. Reserved. DIVISION 3. STANDARDS. Sec. 5-116. Plumbing code adopted. (((a) The Uftifðfftl Pltlllibiftg Code (ure), 1997 Editioli, æ p1:lblished by the IfttematiofiRl Mseeiatioft of Pl1:1mbi!lg IIfId Me<Jhani<Jal Offi<Jials, IIf\:d æ adopted by the state p1:lrs1:llillt to WAC eh. 51 26, is adðllted by refeœll:<J<J. (b) The Unifofftl Plumbilig Code æ get f6l1.'1 abo, <J is adopted by r<Jferenee æ if set furth ili full, S1:lbj<Jet to the !UI1elidnlefttg, additiolis ðr deletioftg set f6lth ift this miele. «J) The I"tlrpose of this di,igioft is !lot to <Jr<Jllte or other-.,ise establish or degig!late aft) IImietllar elass ðr gfðtlp of lIergð!l.S .,1t6 ., ill ðr ghðt¡]d be egpeeially I'fðteeted or beftefit<Jd by the terms ðfthis artiele.» ORD# ,PAGE II The following codes all as amended added to or excepted in this chapter to~ether with all amendments and additions provided in this title are adopted and shall be applicable within the city. (]) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended. (a) Chapter 51-46 - State Building Code Adoption and Amendment of the 1997 Edition of the Uniform Plumbing Code. except section 701 I which is adopted without state amendment" and. (b) Chapter 51-47 - State Building Code Adoption and Amendment of the 1997 Edition of the Uniform Plumbing Code Standards Sec. 5-117. Amendments. The following amendments to the provisions of the plumbing code adopted in section 5-116 are hereby adopted: (I) Uniform Plumbing Code Chapter 6- Water Supply and Distribution -amended Chapter 6 of the Uniform Plumbing Code, as adopted by this chapter, is here by amended by the addition of a new section: Section « WB» 612. Adoption of state regulations. Rules and regulations of the state board of health regarding public water supplies, entitled "Cross Connection Control Regulation in Washington State" WAC 248-54-250 through 248-54-500, and the American Water Works Association, Pacific Northwest Section's Second Edition of "Accepted Procedure and Practice in Cross-Connection Manual" as they presently exist and as they may, from time to time, be amended in the future, are hereby adopted by this reference as if set forth in full. ORD# ,PAGE 12 «(I) (2) (3) ORD# Seetie)fl 30.J(cl) is amene!ecl Me!Stlpplementee! by d,e ae!e!itie!, ef a fie.. paragraph te reae!fI3fellð..s Pltlmbifig I'ermils fôr R 3 w,e! U ôeetlpMeies shall expire one (I) year frem the date of isstle. Pltlmbing I'ern.ils may be refle..ee! fer ôfie half ôf the origillall'ermit fee fßr the first pern'¡t i3Stlee! fðr s1:leh ..ðrk. The fðllð..illg e!efillitiðfi3 ill seetiðfi 103 fife hereby amene!ee! te reae! as felle..s: (a) Baekfle.. "Baekfle.." means a flo.., ôtl,er thM the illtelle!ed e!ireetiôll of fie.., ef fill) fereigll liq1:lids, gfl3e3, er s1:lbstflllce3 ¡nte tile distribtltioll system of a p1:lblie ..lIter s\:lpl'ly. The fello..illg e!efifiitiðn ill 3eetien 101 i3 hereb) wt.ellded tð rcad a3 [ellð..s: (d) Baekflð.. Pre.entiðll De.iee "Baekflð.. pre.elltiðn de.iee" meafiS a de.iee apl'fß.ecl by the Stllte ef V/fI3hillgft!lI, Del'flrtmeftt ðf Seeial fIIlcl Health Sen ices ðr 3\:ieh ether stftte e!epar.ment fI3 shall ha. e j1:lrise!ietiem ð. er tile 3t1bjeet matter, Me! by the f.merieflll Witter Wðrk3 f,s3eeilltiðn, 1:Isecl te eðtllltertlet baek pfesstlre ðr pre.Cflt bflek 3il'hellage il'!t6 the e!istrib1:lt'¡en system ef aptlblie ..Mer stlppl). Beflfe!ef fll'peal3 Any referCllee te bellft! ðf al'peal3 ..ithill tile eðe!e shall be stlbstitutee! b) a reference te a heflfing exw.1Ífter appeiftted b) the city I'tlf81:1!111t te the I'fßeee!1:Ire3 ðf I'fßecss I ef chapter 22, ZeJfling. (m) Cress eemneetiell "Cress eemneetien" me!lll3 flli) I'h)3iefllltffflngemellt ..hercby a pl:lblie ..lIter stll'l'ly i3 eelllleeted, directly er illdireetly, ..itll MY ether ..ater 3t1pp!y system, se..er, drain, eelld1:lit, I'ðel, storage resef'.eir, , PAGE 13 ORD# (4) (5) I'ltlmbing fixttJre 8r 8ther àe.iee ..hieh e8ntain3 8r m/l) e8ntain eðnlllminlll:eà ..lIter, se..~¡:, 8f 8ther ..1t!æ3 8r liqtlià3 ef t1ßkfl8..n 8r tlnsaf-e qtlllliry, ..hie!. ma) b¡: elll'ab1<: 8f iml'arting e6ntMl.inati8n 1'6 fI I'tlblie ..ater 3t11'1'1) 113 fI restllt 8f baeIill6... Seeti611 1005(b) is MIlenàeà 1'6 read It! fGII8..3: (b) f. fun..ay .1II.e eðfttftJlling all 6t1tlet3 sftall be ill3tlllleà 811 the ài3eftllTge 3iàe 6f œelt ..lIter meter ftßà 611 ettelt tlllmetereà ..ater 3t11'1'1). Water I'il'ing 3t1I'I'I)illg ffi6fe thllll 611e btlilàiflg 811l1li) 811e I'remi3es 3hall be eqtÜl'l'ed ..ith a 3el'lIflll:¡: full..a) .III.¡: 1'6 ¡:aelt btlilàillg, S8 ftlTlIflgeà that the ..lII:er 3t11'1'1) ellll b¡: tuflleà 611 6r 8ff 1'6 11ft) illài.iàtlal 8r 3¡:l'lIflll:e btlilàillg; I'r8 . iàeà, ft8.. e. er, thlll: 3t11'1'1) I'il'mg 1'6 a siltg¡: f1lmily resiàellee aad btlilàillg lIeeessGry there1'6 mft) be eðfttffllled 611 8ne . /II. e. StIch shu1'6ff .1I1.es shall be readily aeeessible III: all times. A full..a) .al.e shllll b¡: itmalled 8ft the disclt!lrge !,il'ing frðft'l ..lII:er stlppl) tllftks III: 8r nellf the tftßk. A fuH\i'oa) .1II.e shllli be iootalled 811 the eðlà ../lter 3tl!'pl) pipe t8 eaeh ..lII:er heater III: 6r IICIIt the ..1Iter heater. A full..lI) .111. e shall be il\3talleà fGr elleh al'ftt'".ment 8r à ..elling 8f m8re tftllll 8fte famil). Inài. iàtlal shu1'6ff .al. es may be pr8.iàed lit eaeh fiJffi.lre. Chlll'ter 10 is amellàeà anti stlp!,lem.eftted by the aààiti611 8f the fGlI8..ifig n¡:.. seeti811s t6 read It! feIl8..s: Seeli8fi 1010. C1'6SS eðfifteeti8f!3 àeelltfeà tlfila.Ætll. The ift3tali1lti8fi 8r rnaif!tefiaf!ee 8f a e1'633 eðnneeti8n, ..hieh if! the 8pini8ft 8f the àireet6r 8f , PAGE 14 ¡mblie "ðrks, elr btlilding elffieial, ar an) staff member thltt he or she shall designltte "hð is ettlalified in pfðteetiðn elf ffitl!\ieipal "ltter ettlality, "ill endanger the "ltter ettlality elf the potable "titer stlppl) af the city, is åeelllred to be tlnla,.ftlI. See/iôn 1011. ßllckflel" pre, entie>!l de. iees teJ be installed. ßaekflð " pre,entiðn de,iees, "hen fCt:¡tlired tð be installed in the ðpiniðn elf the direeteJr af ptlblie "arks, ðr btlilding e,ffieial elr designltted repre3entltti,e, shall be imtalle6 and main!aifled by the sel"\iee etlstemer efl M) sel"\iee ee>!lneett6fl teJ the ei~ "ater stlfJpl) system "here stIch baekfla" pre,efltiafl de, iees tlfe nECeSS8:f) fôr the prelteetiðn ðfthe ei~ "titer stlppl). See/ieln 101Z. R-egtlllttiðfl ðf pri,ate "ltter stlPfJlies. Use elf efJerlttiðn af a pH , ate "ater stlppl) system, eeMrM) teJ the fJfð , isi6n3 ðf the elrdiflMee3 ðf the ei~, ar the la"s ðfthe Sttlte ðfWashingtem ðr the rule3 Md regullttiðns ðf the sttlte bðtlf6 ðf health regtlf6iflg ptlblie "titer stlfJplies ..here stIch fJH,ate system is sel"\ed b) the ei~ pl:lblie "liter stlPfJI) , tlfe hereby deel!lfea teJ be tlnlawftll. See/iell 1011. Ablttemefit eftlllla.fltli efðSS eðnfleetiofl3 Ma ill3talllttiðn of baekfla.. pre,efltiðll de , iees; pfðeeeltlre3. Cfð3S eellllleetiðfls aeelarea ifl this ehap!er te be tlflla.flul ..hether I'reseflH) exi3tiflg er herei!l!lfter installed Mcl{6r sef\iees reettliriflg baekflð" pre,efitiefl ae,iees !lficl{e¡r tlflla..ftll tlse ðf elI'ertttiell ef apfl, ate" lIter stlppl) sy stem sef\ ed b) the city I'tlblie .. titer stlppl) system tlfe hereby deel!lfed teJ be fJtlblie nuisanees, and ifl aaditiofl to ORD# ,PAGElS ORD# (6) (2) (3) (4) !III) 6tl¡er pre, i3i6113 6f the city e6de 6r the 6rdiftllllt:e3 6f the eit) regarding tl¡e ablltwlCI!t of ptlblie IItli3allee3, 31¡all be 3tlbjcet t6 abatemeht ill af:eördallee "itl¡ the f611o"iftg pr6et:dtlre: (I) III the e. ent that the diret:t6r 6f fmblie ,,6Ib, 6r btli!dillg 6ffieia! 6r desigftt:e determine3 that a fltligllftee 113 pre, idea in thig 3eetiBn dðe;J exigt, "ri!te;n nðtiet: JhaH be gent t6 the perJ"n in "hB3e name; the "ate;r 3eF,iee i3 egtftbli3hed tinder the rf:e6rd3 6f the ei!} "lIter depllr.ment, Br alteffiftti,el), a e6p) Bf 3t1eh "ritlell nBtit:e 3haH be J63ted on the premi3e3 sef'\ed. The n"tiee 3haH pre, ide thftt the fltlisllftee de3er¡bed in thi3 3eetion ghlti! be ððffected ,Jithin 38 da)3 of the date gtleh nðt¡ee Î3 m!liled Br pogted 6n the premiseJ. III the e,el\! Jtleh ltI:IiJanee is nBt ftbated "ithin the preseribed time, "ater ser.ice t6 stIch I'l'eIftises shaH bt: diseðntiltl:led. In the e, ent that the ntlÎ5l1ftee, ill. the Bpini611. 6f the diret:tBr Bf I'tlblie "BOO, or btl¡lding Bffieift! Br designated repft:Jentftti, e, preseftffi tm. immedi!l!e dllll.ger of eöntlllflination to the ¡mb!ie "att:r stll'pl), JeF, iee fffim the ei!} "ater slll'pl) system t6 the premises mil) be terminated "ithBllt I'r¡ðr lI.ðt¡ee; I're,ided, hB"e.er, notice "iH be pB3too Bn the pr-emises in the manner herct6rere pre, idea at the time slleh seFl iee is teffilinated. Chapter I! i3 deleted in its entire!}. ,PAGE 16 (7) Chapter 12 is deleted in its entiret). (8) These reqtlirements ef the Unif-6fl"h Pltll"bing Cede rdating te the, enting ef appliaMes !13 [mind iI. chapter ]] are net aclepted. (9) Seetien ]]01 is amended anclstlpplementecl te read!13 fulle"s: Seetien ]]e]: General. The regtllatiens ef this chapter shall ge,ern the eenstltietien, leeatien, !!ficl installatien ef all fttelljtlrning !!fit! ether "ater heatefs heatifIß pðttlble "ater. The ,ellting ef "ater heaters shall be ge,ernecl by the Unifßffft Meeft!!fiieal Cöt!e. I.ll design, oon3tltletiön MId "erkmMlsnip snail be in eönf-ðffli~ "itn accepted engineering praetiees !!fit! snail be ef Stleft eharacter !13 tð seetlft: IDe re3t1lts setlght tð be ebtained by this eöde. Ne "ater neater shall be hereinafter iflstalled "hien dðes flat eðlll:ply in all respects nith the type MId meekl ðf eaeh size thereðf apPffi,ed by the btliltliflg öffieial.)) Sec. 5-118. County rules and regulations adopted relating to on-site sewage disposal systems. In areas not served by sanitary sewers as required in this Code, septic tanks and drainfields confonning to the most current adopted rules and regulations of the county board of health shall be installed. «See. 5 119. Ðaflgel611s afttl iftsaftitlll) eoftstilletioft. (a) Any pertiaft ef a pltlmbifig system [ðtlnt! by the btliltliflg öffieial tð be insanitary !13 defined herein is hereby deel!lfed te be apttblie nttisMlee. (b) A..y pltlmbifIß system la,ffl.¡lly inst!llled prier tð the dfceti. e date öf this Cede may ha, e its existing me, maintenanee er re¡nÜr eentintted if the tlse, n,aintenanee ðr repair is in aeeerdanee ORD# , PAGE 17 ..ith the ôriginal design ahd 10eatiôII m.d 110 htl2:ard t6 the; I'tlblie health, aMet") Of ..elfftf& hlt3 been erellte;d b) 3t1eh 3)3telh. (e) The O.lllef Of àesignate;d agent In.all be reJl'lJllaible fuf tn.e 1l'lIlÏlltellaftee 6ftll<: I'ltimbing 3) 3telll ill a 3afe and 3anitlll) eðllditilJlI. (à) Whell an) I'ltimbillg J)3tem iJ àeteflililled tlJ be illaanitary lllIà ill .ioilltioll of !III) 1I0tiee ia3tled I'tlfSl:lant tlJ the I'M. iJiolla ef thi3 artide, tn.e btlilt!illg ofIieial In.all ill3titlite an ttbatemellt It3 I'reJefibed b) 3eetiolla 5 191 tflrðl:lgh 5 193.» Sees. 5-I«~»12--5-I40. Reserved. ~. Chapter 5, Article V of the Federal Way City Code shall be amended as follows: ARTICLE V. MECHANICAL CODER Sec. 5-141. Code adopted. TIle Ullifuflll Meen.anieal Cede (UMC), 1994 Edition, illeltldmg Al'l'ellt!ix B Cha¡¡ter 1J Ftld CIt3 Pil'iftg, It3 I'ooliahed by the ltItematiellal Cellfefooee of BtlilàÌft!; OfIieiab !lilt! It3 aàel'tcà by the Jtate I'lifStI!Ißt t6 WAC ell. 51 22, ia acIol'tt:d by rcfere!lee It3 if Jet forth ill ftlll, atlbjeet t6 the llIIIelldmeflts, addit:i6ffi Of delet:ioll3 Jet flJrth ill thci3 mide. The I'tlfl'°ae ôf Ihia eede i3 116t t6 create or ether'\. i3e eJtabliah Of àe3igllate III1Y I'mietllar ellt3a ðr gr"ðtll' ðf I'cfS611a .. hlJ .. ill Of 3hðtllt! be e3l'eeiall) I'reteeted Of bellefitet! b) the tCfflIJ of thiJ cðde. The following codes all as amended added to or excepted in this chapter together with all amendments and additions provided in this title are adopted and shall be applicable within the city. ORD# ,PAGE 18 (]) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: (a) Chapter 51-42 - State Building Code Adoption and Amendment of the 1997 Edition of the Uniform Mechanical Code Sec. 5-142. Amendments. The following amendments to the mechanical code adopted in section 5-141 are hereby adopted: (I) Section 114.4 is amended and supplemented by the addition of a new paragraph to read as follows: Mechanical permits shall expire one (1) year from the date of issue. Mechanical permits may be renewed for one-half of the original permit fee for the first permit issued for such work. (2) UMC Table No. «3-»l-A is deleted in its entirety and replaced with the ~ &:!QJll!:d City of Federal Way Fee Resolution «~». (3) «Seeti6n. 326.1 i3 Ilfftooded b) the addition. of item 3 ..hid\. read3 æ feJllo..3»Allii section 303 1 4: 303.1.4 Suspended unit heaters Suspended unit heaters shall be supported as required by their listing and with the bottom of the unit at least seven feet above the floor in areas subject to human impact and in exitways. ill. Section 306.2 is amended to read as follows: 3062 Means of Disconnect An &pproved independent means of disconnect for the electrical supply to each of piece of equipment shall be provided ORD# ,PAGE 19 adjacent to and within sight of the service side of the equipment served when the supply voltage exceeds 50 volts. Sec. 5-143. Appeals «prMeSS». ((AfI) al'peal~ ðf an} deeisiðns rendered ptlr~tltlnt te this article shall be made tð a hearing examiner III'PÖifttcd by the city. Preædtlfftl fUleJ eðncel'lling appea13 shall be 115 pm,ideå in preeess I ðf chapter 22, Zðning.)) Appeals made from any ruling under this article shall be pursuant to FWCC sec 5-6 Sees. 5-144--5-165. Reserved. Section 10. Article VI of the Federal Way City Code shall be amended as follows: ARTICLE VI. HOUSINC STANÐARÐS*»)EXISTING BUILDINGS Sec. 5-166. Codes adopted. The Uniform Ilðtlsing Cðde (uriC), 1994 Edition, 118 ptlbli~hed by the Intel'llatÎonal Celifereftee ef Btlilding Offieial.~, i~ adepted by refCl'Cliee 118 if set fem ili [till, sttbjeet te the amentlmell!s, additi8os af deletiÐos set f8m ili this artiele. The PtllfJ8SC 6f this e6de i~ li8t t8 create ef éJthe:rhise: establish ef desiglillte tI1ly partietllar elll8s 6r gretlp ef peJ.'Sons "hð "ill ðf shetlld be esl'eeially I'fflteeted er benefited by the terms ðf this eode:. The following codes all as amended added to or excepted in this cha.pter together with all amendments and additions provided in this title are adopted and shall be applicable within the city. A.. Uniform Code for the Abatement of Dangerous Buildings 1997 Edition published by the International Conference of Building Officials. and ORD# , PAGE 20 Ii. Uniform Code Housin~ Code ]997 Edition published by the International Conference of Building Officials' and k Uniform Code for Building Conservation 1997 Edition published by the International Conference of Building Officials. Sec. 5-167. Appeals «-¡tröeeSS;» Any al'"eaI3 6f all) deei3i6113 reftdered I'tlf3t1ant te thi3 artiele 3hftll be made t6 a hearillg examiner ftl'I'eiftted by the eity wr thi3 I'tlrl'e3e. PreeedtlftlI rule3 e6fteerning III'peal3 3hall be 1!3 I're,ided ill I'fßees3 I 6f ehftfJter 22, Zðftiftg.» Appeals made from any ruling under this article shall be pursuant to FWCC sec 5-6 Sec. 5-168. Amendments- Uniform Code for the Abatement of Dangerous Bnildings-Section 901 Account of Expense Filing of Report- Amended Section 901 is amended as follows: Section 90] - Account of expense filing of report The building: official shall keep a itemized account of the expense incurred by this iurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 70] 3 Item 3 of this code Upon the completion of the work of repair or demolition the building official shall prepare and file with the clerk of this iurisdiction a report specifying: the work done the itemized and total cost of the work a description of the real property upon which the building or structure is or was located and the names and addresses of the persons entitled to notice pursuant to Section 40] 3 Sees. 5-16«8»2.--5-«190»319. Reserved. ORD# , PAGE 2] Section II. Chapter 5, Article VII of the Federal Way City Code shall be amended as follows: «ARTICLE 'I'll. UNSAFE, DILAPIDATED, DANGEROUS BUILDINGS. See. 5 191. C611e 111I6pteli. Tht: Unifefffi Cmk f6r lIle Abllten.ent 6f DMgefßöS Böildings (UCADB), 1991 Editi6fl, !13 I'öblished by the Intefllllti6nlli Cenferefiee 6f Böilding Offieill13, is IIdepted by referenee liS if set with in full, Mlbjeet te lIle amendments, IIdditiðflS 6r deletiöns set ferth in this M'tiele. The I'tlrl'ðse 6f this eede is n6t te ereate er 6the",.ise establish 6f designate 1\11) I'ftl'tiadar el!l3s 6f gr6t11' ðf l'ersðllS I'\h6 ..ill ðr sh6t1ld be eJl'eeililly I'r-öteeted 6f bellefited b) the terms 6fthis eede. See. 5 192. Amendments. The fell6..iftg lIfftelldments te the 86de adðl'ted in seeti6n 5 191 Me hereby IIdel'te": (I) Sedi611491.3 is IIfftCllded IIIId stil'l'lemeftkd by the additi611 6f II fie.. 3tibseeti611 te be kn61'\11!13 stibseetioll 491.3.1 te l't:ad!13 feUo..s: The bttildillg öffieial, tegetlier .. ith the direet6f 6f delegate ef the folie.. ing ei~ depar:ments: 86mmtlfti~ de.elell'mCllt, fire seniees, 1'61iee del'w.ment 1\11" f'tIblie ..61'ks shall, tipðll ..ritten feqtle8t filed ..ith the btlilding effieilll by MY illterested l'er3611 (illeltidmg the btlildillg effieilll), eellàtiet l1li illfeJfflIlil eðnfel't:llee relMi. e te the lIurtters set forth ill the neltiee IIlId erder. /.11 illtereJwd l'ers6ft5 shaH be gi. ell lIeltiee elf stich e6l1f.::rellee IIftd mil) IIttend Md l'M'tieil'ate. F6I!eI..in:g sl:leh infuffllal e6nferenee, the btlilding 6ffieial Shill!, ..ithin ten dll)s thereðf, file IIIIlIffleftàeà er stll'l'lemelltlll efder IIfld the time ..ithill ..hieh 1IIIIII'I'elil mil) be w'löeJted shllll be exteftded t6 ORD# . PAGE 22 (2) ORD# 30 days frðm the date 6f stwh infßrmal eßllferellee e,r 15 days fr6m seft iee 6f the ttmellded ßr stll'l'lemellted e,rder, "hiehe, er shall last ßeetlr. SeetißII 401.1 is amelldecl 16 read tI3 fßllð"s: The IIßtiee alld ðrder and all) amellded ßr stll'l'lemwtalllßtiee alldiðr e,rder stall be seF. ed tll'ðll the reeðrd ð" lIer alld I'ðsted 611 the I'ftJl'eflY . The reoorà ð,mer fðr the I'tlrl'ð3es ðfthe I'rðeecltlres ðf this ehal'ter shall be the l'ef3ðlllisteà ill the reeðrà3 Ðf the Killg Cðtmt) defJaftrneftt ðf fil\!lnee fßr the I'tlrl'ðses ðf mailillg reall'fðl'e~ tax statements. The btlilding ðffieial 3hllll alSð seF.e ðlle e61') 611 eaeh efthe fßlle",illg, if lrnð,,11 t6 the btlildillg ðffieial e,r diselösed fr61!. the reeörds ef the Killg Cötlllry del'artment ðf fill!lllee, illeltlcliftg the ft:ðé)rà3 maint!lined ill relatiöll 16 the ölle fJereent e3tate exeise sale3 tax: the It6lder 6f l1li) mðftgage, deed ef tftI3t, letl3ehöld, eðfitraet fJtlfehtl3er ðr OOMrllet seller. The ftrilttre of the btlildiftg ðffieial 16 seF. e 1111) l'ef3ðll reqtrired herein 16 be sef\ ed shallllfJt ill, alidate 1111) I'fðeeedings heretlncler tI3 t6 1111) ðt'If:r l'er3611 àtrl) 3ef\ed or rdie,e l1li) StIeR l'er30n frem l1li) d\:lry er ðbligatiðl\. ill'lfJð3ed ðl\. him ðr her by the I'rð, isiðl\.S ðf this 3eetÎðl\.. (3) SeetißII 901 is ftffiended tð read tI3 fßllð"s: SeetißII 901. The btlildil1g ðffieilll shllll keel' III\. itemized lIeeðtlllt ðf the exl'eftJe3 illetlffecl b) the eiry il\. the repair ðr elem61itÎðl\. ðf MY btlildillg dßlle fJtlrstllll\.t tð the I'fð,isi6l1S öf seetiell 701.3(3) 6f thi3 eðde. Ol'ðll the eðll,pletiðn ðf the "ßrk ðf repllir ðr demðlitiðll, the btlilding ðffieial 3hall , PAGE 23 ORD# ( 1) (5) ('re"an: alld file .,itll tile direeter ðf !tdmil\iatr-fttiðll and fill!tllee a re"ert J('eeifyillg the .,erk delle, tile itell,iEed !tlld tBtal eðat Bf tile .,Brk, illeltldillg the itemiEeà allà tela! eeJt ef the .,erk, il\eltlàillg an aàmilli3trlltiell alld e611eetiBfl fee ill tile amBtl!'\t 6f $200.00 tB ee, er the 003t ef "tlblieatien, reeerdillg !tftd ael'\iee ef all ftetiee3 alld tile ooat illetlfl'ed 5Y tile viI) ill tile e611eetiðll ðf the 1i33e3Jmellt Br ebligatiðll Ii3 determilled by 3eetiBII 905 ef thia e6de, a àe3eri"tiðll ef the real "r't'J"ert) tI"811 .,hiell the btlildillg 8r 3truettlre ia 8r .,1i3 leeated, alid the IIftffle3 and addre33e3 8f the per~en3 elititleà tð l15tiee ptlr3t1!tftt t6 aeetiðll 401. J. Seeti611 909 iJ !tIneftàed t6 read a3 fð1l8.,J: A 06") efthe BMirl!lftee oonfirming the. J"œilll li3ae9ameftt ahall be filed .,itll the àe"artmeftt 8f atlmilliatfllti811 !tII.d fintl:llee. A eertifieà OOP) ðf J\!eß ðrdil\!tnee 3hall be reeðrdeð .,ith the Kill.g CBllm, tle"ar..meftt 8f eleetiðl\3 Ilftd reO6Ms. The àireet6r Bf !tdminiatftttiðn Ilftð finllftec 11"°1\ reeei"t Bf J\!eß ðMilltl:llee ahllllpreeeecl tð O6lleet the a"eeialli3JeJJmeftt ill the 3!1l11e m!tll.l\er Ii3l0œl impre.emeftt àiatftet li3aeS5melits, ineltlðill.g ill.3t!tllmeftts thereof, life oolleetetl, pre. idea lIe.,e,cr, thllt the J9 à!ty "repa)meftt lI.otiee lI.eetl II.Gt be ,,\!bliaheð btlt allall be mailed t6 the e./fter ofreO6fð. Seeti611a 919 all.å 911 life hereby àde.N:à in their efttirety . , PAGE 24 Sec. 5 193. Appeal 1'1 ðee8S. All} appeals of allY deeisiems relldered ptlrsuallt t6 this artiele shl'd! be made t6 a hearillg extlffiiller appt:Üllted by the eil). Preeedural fttles eolleemillg appeal:! shall be as pr5, ided ill preeess I of chapter 22, Zollillg. Sccs.5 194 5 215. Ittsel"ed». Section ]2. Chapter 5, Article X, of the Federal Way City Code shall be amended as follows: «ARTICLE X. SIGNS- Sec. 5 281. Cðde ad6pted. The Ullifufffl Sign Code (USe), ]991 Editioll, ft:j ptlblished by the IlIterllatieJfla] Cellferellee of Buildillg Officials, is adopted by referellee ft:j if set ferth ill ftlll, subjeet t6 the Mlelldmellts, additiens or ddetiðllS set fðl'th ill thisl!l'tÎ.ele. The ptll'Je¡se of this eede is 116t t6 ereate Of othef'o,ise establish or desigllltte MY partiooltlf ellt!s or grðup of persells "he¡ "ill or she¡tlld be espeeiall} proteeted or bellwted by the tefffls õf this cede. Sec. 5 282. Pel mit and eheelHng fees. fü1- The sign pemât fee tIIId plM eheekillg fee atIthßfÌzed by seetiðll 304 of the Unif-ôrm Sigll C(lde, adopted b} referellee ill this tl:!tiele, shall be the same It! the fee sehedtlle eôlltailled ill section 107 and Table] A (If the UIÜf(lm. Btrilding C(lde, It! ad5pted by this Code exeept: (I) /\ millimttm $29.00 fee shall be charged for each maRuee or btlildillg ffi.ot!!!ted sigll. (2) t. millimtlm $49.99 fee shall be ehtlf~ed f5r eaeh freesta!\.diflg or ¡:Jole motlnted Jig!\.. ORD# , PAGE 25 (3) :. miflifl":lfI. $10.00 pi!!:!> cheek fee shall be ehar1!;ed fer each sign fßr ..hieh a peftl.it is !!:pplied. See. 5 283. Dulin of building official. (a) AfJfJlielltiens fer the ereetiefl ef exteri6r signs shllli be filed .. ith the btJildillg delHlftmellt. gtleh !l:l'pliœtiefls shllli be aeeafl,p!Ißied by ðftl..ing3 ..hicll elellfly deline!!:te the sigll, its sÎ:i:e, sh!l:l'e, m!!:terials, ealer, letterillg, fltlmber alIa ..lIUftge ef lights, er ether de.iees ..hieh Me a part efthe iflst!!:IIlItiðfl. The dra..iflgs shall she.. the methðd ef f!l;1te!!iflg er Mlefteriflg the Jig!! Ie a bl1ildiflg er the Wðti!!g3 III1d ffltllld!l:tiðfllllld eeltlm!! desiglled f8r freestMldillg JÍg!!s. Ora.. illgs shall als8 be sttbmitted ill<:lie!l:tillg the rd!l:tie!!ship ðf a prðfJ8sed Jig!! Ie till: t6tal stfl:lettlre t8 ..hieh it ..8uld be !I:ttftehed-. (b) 01'811 appre.al ðf the plllll!!ing 8ffieial, the btlildillg deparJDe!!t sh!!:11 re.ie.. the dftl..i!!g3l111d m!l:) iMpeet the site. 8r the btlilding tlJ8f1 ..hicll the sign is Ie be !l:l'l'lied MId deterfllille th!l:t the lII1eherifi1!; 8r fll3te!!iflg metheds ~ stiffieieMl) sMe IIftd meet the reétlireme!!ts ef the tit) btlilding eðde IIftd the reqtliremeflts ðf this !l:l'tÌ.ele. See. 5 284. Appeal plocess. loft) !!:fJl'eab 8f MI) deeisi8ftS rellderedl'tlf8t1M1t Ie this lIrtiele shall be made 18 a heMillg exlllIIiller !l:l'1'8illted b) the eity. Preeedtlflll rules eeJlleemÎfig !l:l'l'eal3 shall be !I;1l'r8. i<:led ifl preeess I ef chapter 22, Zðftiftg. Sees.5285 5319.lttscr.ed.») Section 13. Chapter 5, Aniele IX, of the Federal Way City Code shall be amended as follows: ARTICLE «*I»IX. ELECTRICAL CODE ORD# , PAGE 26 Sec. 5-320. Electrical codes adopted. (a) Adoption by reference. There is hereby adopted and incorporated by reference as set forth in full the following codes as now existing or hereafter adopted or amended subject to the additions, amendments or deletions set forth in section 5-323: (I) The National Electrical Code (NEC), 199«::»)2 Edition, as published by the National Fire Protection Association, «exee\}t Tttble Nð. 3 A, Eleetfieal Permit Fee3)); (2) The Unifonn Administrative Code Provisions, 199«::»)1 Edition, as published by the International Conference of Building Officials except sections 301 2 I 301 22 301 2.4 Fee Tables 3-A through 3-H; (3) The Laws, Rules and Regulations for Installing Electrical Wiring and Equipment set forth in Chapter 19.28 RCW; (4) The following chapters of the Washington Administrative Code (yIAC): (i) 296-43 WAC Heating Installation; (ii) 296-44 WAC, Safety Standards, Electrical Construction Code; (iii) 296-45 WAC, Safety Standards, Electrical Workers; (iv) 296-46 WAC, Safety Standards, Installing Electrical Wires and Equipment; (v) 296-47 WAC, Electrical Wiring and Apparatus. (b) Purpose. This chapter is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard life or limb health property and public welfare, by regulating and controlling building construction and work related thereto. ORD# , PAGE 27 «See. 5 321. Ðisphl) ðf .. ðlldng pel mil. AfI) eleetrielll permit i33tleå ptlr3tlllflt te thi3 el\lIpter 31\1111 be pô3teå ôfl the jeb 3ite lit the ser. iee 3..itel\ or ðther oollspietlðtl3 ,,¡aee alld shall reffiaill "estecl tllltil eðm"letiôlI ef all ..ðrk.)) Sec. 5-32«~»l. Effect of chapter on existing wiring. The provisions of this chapter are not intended to apply to electrical installations in existence at the time of its adoption, except in those cases which, in the opinion of the building official, are found to be dangerous to life or property, and except as is otherwise specifically provided in this chapter. Sec. 5-32«3»l. Amendments. The following amendments to the codes adopted in section 5-320 are hereby adopted: (I) Section «203(a) Md 203(;6))) 204 of the Uniform Administrative Code «Pre. isiems fðf the NEC Me deleted ill their entifet) Md re"laeeð .. ith the fe1l6.. illg)) as adopted by this chapter, is hereby amended to read as follows: ((Sec. 283 Celie/tit. The Cit) of Federal WI!t'j IIeMillg ExMIlillef shall hll.e the lltIthô!'Ìt) set furth ill Seetiðll 5 41 t6 detel'ft1ille the 3tlitabilit) ðf alteffil!te mftteria!s Md methðd3 ef the ill3tft11fttiefl Md t6 "1'6. ide for re!t!ollll6le illteFpfetati6f1 ôf this eöde. The Cit) ôfFedefal 'Na) IIeMillg Examiner 3hall ha.e lIð I!tIthôfit) t6 ..ai.e the feqtlifemellts of this eðåe.)) Section 204- «Beard-ttf »Appeals 204 I General Hearings and decisions of appeals of orders decisions or determinations made by the Building Official relative to the ¡¡pplication and ORD# , PAGE 28 (2) ORD# interpretation of this code shall be made to the Hearing Examiner pursuant to FWCC sec 5-6. 204.2 Limits of Authority. The Hearing Examiner shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code. Section 301«~)).1.3 of the Uniform Administrative Code Provisions for the NEC is amended to read as follows: (b) Exempt work. An electrical permit shall not be required for the following: I. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same locations. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contractor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlet therefor. 6. Repair and replacement of any over current device of the required capacity in the same location. , PAGE 29 ORD# «(3) 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. II. The wiring for temporary theater, motion picture or television stage sets. 12. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of it function as a serving utility. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. Seetiall 3ÐI afme Uniform l\àmif1is!f!!!i,e C6àe Pre , isi611J for the NEC is amended tß aàà aile.. Jllbscetiôll (c), It:! foIl6..s: (e) .1pffl ffllentlCðfttiomilli,m,s. A Se¡Hlftlte pcm,it is reqtJifcà ref each bllilàillg ill !IIIal'ftI'tmcnt, côllà6minitlm 6r ather mtllti I:milàillg àe,elapmellt.)) , PAGE 30 Section 14. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances Section 15. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 16. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K LINDELL FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K,\ORDIN\BLDG9'.CHS ORD# , PAGE 3 I MEETING DATE: September 15, 1998 ITEM# JC &k' ) ..........................................................................................................................---.......................................................................... .............................. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Emergency Shelter Interlocal Agreement ..........................................................................................................................---.......................................................................... .............................. CATEGORY: BUDGET IMPACT: X CONSENT _ORDINANCE BUSINESS _HEARING FYI _RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... .............................. A TT ACHMENTS: Memorandum to the Parks, Recreation, Human Services and Public Safety Committee ....................................................................................................................................................................................................... ................................ SUMMARY/BACKGROUND: Attached is a draft Interlocal Agreement negotiated between the Law Department and Federal Way School District officials. The Agreement was prepared in response to the severe winter storm in 1997 when City, School District, and Fire Department staff, with resources from the American Red Cross opened Decatur High School as an emergency shelter for citizens whose homes were without power. ....................................................................................................................................................................................................... ................................ CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 27,1998 meeting, the Parks, Recreation, Human Services, and Public Safety Committee forwarded the Interlocal Agreement to the full City Council with the recommendation to approve of the Interlocal Agreement. "'C'ÏT~";~A GE~"~CO~~ENDATio;;:;;"';; ;.; ~~";'::::~~;::-";"'ï::L';:'~:'~" ;i::;:'~";~~:~ ~>.:... :.::~.::.::. ::.¡~: .:............ ...... .............................................................................................................................................=....,.....cl..,~j..l.)..i.';!;.~,:.:::fl.'L.............. .................... APPROVED FOR INCLUSION IN COUNCIL PACKET:{¡ Î)¡¿ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k,lcouncillagdbillsl1998lshelteragr Item 5C CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: July 27,1998 From: Valerie B. Petrie, Assistant City Attorney Subject: Emergency Interlocal Agreement Backl!round: This is a cooperative agreement between the Federal Way School District and the City of Federal Way to allow for the use of School District facilities for emergency shelters in the event of an emergency or disaster. Committee Recommendation: Motion to approve interlocal agreement and forward to full Council for approval. APPROV AL OF COMMITTEE REPORT: Committee Member Committee Chair Committee Member City of Federal Way 33530 1st Way S. Federal Way, WA 98003 Attn: City Attorney's Offiee DR4¡::r INTERLOCAL AGREEMENT FOR EMERGENCY SHELTER FACILITIES This Agreement is hereby entered into by and between the City of Federal Way ("the City") and the Federal Way School District ("the District"). WHEREAS, public agencies such as the City and the District are authorized to enter into interlocal cooperative agreements with other public agencies pursuant to Ch. 39.34 RCW; and WHEREAS, the City and the District wish to ensure that sufficient facilities are available in the event that an emergency or disaster creates a need for emergency shelters; and WHEREAS, the District has facilities which would be suitable for use as emergency shelters; and WHEREAS, the District is willing to make such facilities available to the City in the event of an emergency or disaster; NOW, THEREFORE, the City and the District agree as follows: 1. Purpose. The purpose of this Agreement is to allow for the use of emergency shelter facilities by the City's residents in the event of an emergency or disaster, by allowing the use of the District's facilities for such purposes. 2. Definitions. As used in this Agreement, the following tenus shall have the meanings indicated: a. "Emergency": Any disaster, event, occurrence, or other circumstance which causes displacement of persons ITom their homes in such numbers as to reasonably necessitate the organized provision of temporary shelter facilities. b. "Designated Facilities": Those facilities maintained by the District which are capable of accommodating persons displaced from their homes and the use of which is agreed to by the Distt'ict. .1- 3. Emergency Availabilitv of Facilities. In the event of any Emergency, and upon request by the City Manager or his/her designee, the District agrees that after meeting its responsibilities to its students/staff/members, it will pernJit, to the extent of its ability, the use of its Designated Facilities as shelters as necessitated by the Emergency. Designated Facilities will not be made available when students are present for the regular school session. 4. Use of Facilities. When Designated Facilities are made available pursuant to paragraph 3, the allowed uses shall include temporary residence for displaced persons, as well as community gatherings and outreach. Such uses shall be allowed so long as the Emergency shall continue. The City agrees that it shall exercise reasonable care in the conduct of its activities in such facilities. 5. Reimbursement. The City shall reimburse the District in a timely manner for all costs reasonably incurred by the District arising out ofthe use of any Designated Facilities pursuant to this Agreement. Such costs may include, without limitation, expenses for staff supervision of the use of Designated Facilities, custodial costs, and costs of any supplies used, but shall not include any rental, power, gas or electric costs associated with the use of the Designated Facilities. 6. Inspection and Damage. a. No modifications or changes will be made to the Designated Facilities by the City without the express approval of the District. b. Prior to occupancy, representatives of both the City and the District will inspect the Designated Facilities and will note any discrepancies on the inspection folTIl, and/or this Agreement. c. Prior to vacating the Designated Facilities, representatives of both the City and the District will again inspect the facilities to note any discrepancies. NolTIlal wear and tear is considered to be the responsibility of the District. d. The Designated Facilities will be returned to the District in the same condition, reasonable wear and tear excepted, as when the City occupied the facilities. 7. Indemnitv. The City agrees to defend, hold halTIlless, and indemnify the District against any legal liability in respect to bodily injury, death, and property damage arising from the negligenc~ of the emergency ,elief operation during the use of the Designated Facilities. 8. Duration and TelTIlination. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either party shall notify the other of its intention to telTIlinate the Agreement. This Agreement shall tem1inate fourceen days following the provision of such notice in writing; provided, however, that if the City is using the Designated Facilities at the time of the District's notice of telTIlination this Agreement shall not -2- terminate until the City has had a reasonable time to relocate such displaced persons. Upon termination, all property theretofore owned by the District shall remain property of the District. 9. Administrator. The Superintendent ofthe District or his/her designee shall administer this Agreement by responding to City requests for use of Designated Facilities and by performing any other administrative tasks necessitated by this Agreement. 10. Authoritv. Each party acknowledges that the person signing this Agreement on behalf of the party has the authority to act on behalf of the party and to enter into this Agreement. 11. Waiver. Failure by any party to this Agreement to enforce any provision ofthis Agreement or to declare a breach shall not constitute a waiver thereof, nor shall it impair any party's right to demand strict performance of that or any other provision of this Agreement any time thereafter. 12. Entire Agreement. This Agreement represents the entire Agreement between the parties. No change, termination or attempted waiver of any of the provisions of the Agreement shall be binding on any party unless executed in writing by authorized representati yes of each party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 13. Governing Law and Filing. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall be filed with the Secretary of the Board of Directors of District No. 210, the City Clerk of the City of Federal Way, and the King County Records and Election Division. 14. Severabilitv. If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder shall not be affected. The Parties have caused this Agreement to be executed on the dates written below. CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DISTRICT By: Kenneth E. Nyberg, City Manager By: Thomas J. Vander Ark, Its Superintendent Date Date -3- Approved as to Fonn: Londi K. Lindell City Attorney ATTEST this - day of ,1998 N. Christine Green, CMC Federal Way City Clerk K:linterlcllemershtr.agr -4- Approved as to Fonn: School District Attorney MEETING DATE: September 15, 1998 ITEM# -:IL CJ- ') .... ....... ....... ......... ..... .............. ...... ............... .............. ....... ........ .......................... -....... ............. ..... .................. .................... ................... .............. .......... CITY OF FEDERAL WAY City Counell AGENDA ITEM SUBJECT: South 336th Street, & SR 99 (13th Avenue South to 18th Avenue South) Street Widening Project; Authorization to Reject Bids .... ....... ............................ ..................... ....... .............. ............. .............. ................. .................... ........ .......... .................. ..... .......... ................. ........... ..... CATEGORY: BUDGET IMPACT: _X_CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ............................ .................. ........................... ....................... ...... ................. ..................... ....... ...... ..... ............. .................... ..... .................. ............... ATTACHMENTS: Memorandum to the September 14, 1998 meeting of the Land Use and Transportation Committee .......................... ................................................. ............................. ................................................ .......................... ............. ......................... ............... SUMMARY/BACKGROUND: The South 336th at SR99 Right Hand Turn Lane Project was funded as a part of the 1995 voter-approved bond issue. Currently, South 336th Street has no left turn lane east of SR 99 and four lanes west of the intersection of SR 99. Due to the heavy westbound left turn movement and traffic volumes, there are traffic backups, congestion, and accidents. The Bond Issue Project was described as adding a 150-175 foot eastbound right hand turn lane. On February 25, 1997 Council approved expanding the project to include a westbound left turn lane and extending the additional right hand turn lane on South 336th Street to 13th Avenue South. Bids for the project were opened on August 25, 1998 and are listed below: Engberg Construction. . . . . . . . . . . . .. $504,843.40 Tucci and Sons. . . . . . . . . . . . . . . .. $508,382.70 Gary Merlino Construction. . . . . . . . . .. $556,377.75 Engineer's Estimate. . . . . . . . . . . . . .. $413,287.60 AVAILABLE BUDGET FundsAvaiiable.................. $693,500.00 ............. ...... ................ .............. .......... .............. ..... ........ .............. "'............................................................ ................... ................. ................... ....... ...... ..... ...m. ...m." ..mmm......m. ......ummm"""u umuuu"" "'0000 umu...um........m .uuum ...00' uum... 000000"" 0000 uuuu.m." .mmum."""" .muu.', "'000000 00000000 um" ,"00 ESTIMATED COSTS Design......... ........ $82,000.00 Right of Way ................... $126,000.00 Printing & Advertising . . . . . . .. $ 5,500.00 Construction (based on low bid) . . . . . . .. $504,843.00 10% Construction Contingency . .. $ 50,484.30 Construction Administration. . . . . . . . .. $ 25,000.00 Potential Condemnation. . . . . . . . . . . .. $ 30,000.00 Total........................ $823,827.30 The project would be $130,283.00 over budget based upon the bids received. Staff attributes this increase in project costs to the bidding climate, high availability of work for contractors, robust economy, timing of the bidding, and busy contractors. The high demand and increased construction costs are not expected to change for at least a year. There also remains one parcel of right of way outstanding and it is difficult to detennine when the City will have possession and use. The possibility of condemnation exists for this parcel and could take one to three months. Since it is late in the year and right of way is a potential problem, staff recommends rejecting all bids and rebidding the project in the first quarter of 1999. This delay will allow time to resolve the right of way issue and the bidding will take in a more favorable climate and at a time when contractors are looking for work for the upcoming construction season. .......uuum 00 "'00"""""00"""'" um .u.................mu umu .......... 00""" umu ......m......uu...m 0000"" "'000000 u..m ....... ..um.u...m ""'00 000000 ...m" ""0000 ...u...m... "'00"'00 CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 14, 1998 meeting, the Land Use and Transportation Committee will be presented with staff recommendation to place the following items on the September 15, 1998 Council Consent Agenda: Approve the rejection of all bids received for the South 336th Street Project; Authorize staff to rebid the project during the first quarter of 1999 or at such time the right of way acquisition/condemnation is complete. ::: ~ ~ ~t c: ~~j f ~!~~:: ~ ~ ~ ~~~~ ~ ~ ~ ~ ~ ~::::: ¿:~ ~ ~ ~ ~.:: ::: ~ 5~)~){:;1¡4: ~:;~ ~ ~: ~:::: ~:.'.: ~. ~ ~ ':::: ~u': ~'u:' :..~~': c:~: ::::: APPROVED FOR INCLUSION IN COUNCIL PACKET: qf)ll. 1. 2. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLEDlDEFERREDlNO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K, \COUNCIL \AGDBILLS\ 1998\336TH@99.CC MEETING DATE: September 15, 1998 ITEM# ~-r- Cf ) ...................................................................................................."..""""""'.".".."'.""""""""."""""".".""""""""""""".""."""............................. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECf: South 3041h Street and Militory Røad, Street and Trafjü: Signollmprovements; Authori:mtion to Award ....................................................................................................................................................................................................... .............................. CATEGORY: BUDGET IMPACT: _X_CONSENT ORDINANCE _BUSINESS _HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... .............................. ATTACHMENTS: Memorandum to the September 14, 1998 meeting of the Land Use and Transportation Committee ....................................................................................................................................................................................................... ................................ SUMMARY/BACKGROUND: The South 304th Street and Military Road Improvement Project was funded as a part of the 1995 voter approved bond issue. Currently South 304th Street and Military Road are two lanes at the intersection. In the evening, the intersection is very congested due to left turns blocking through-traffic. This project will install left turn lanes and an asphalt shoulder on Military Road and South 304th Street at the intersection. Also, the intersection of South 304th Street and 28th Avenue South will be lowered approximately 4 feet to improve site distance. The following bids were received on August 25, 1998 for the project: Scocollo Construction Gary Merlino Construction Tucci and Sons Construction Engineers Estimate $ 837,544.25 $ 839,808.75 $ 868,324.66 $ 716,446.20 Estimated Project Costs: Right of Way Remaining Design Costs Construction based on low bid 10% Construction Contingency Printing/Advertising Utility Adjustments Total Estimated Costs $ 3,500.00 $ 35,000.00 $ 837,544.25 $ 83,754.42 $ 5,000.00 $ 5,000.00 $ 969,798.67 ..........................................................................................................."'."""".""'."""""""""."."...."""""""'.""."""""""'."""""""""""'"............... ....................................................................................................................................................................................................... ................................ Available Budget: Project Funds Asphalt Overlay Funds $ 748,000.00 $ 43.000.00 Total Funds Available $ 791,000.00 The project would be approximately $178,798.67 over budget based on the bids received. Staff attributes this increase in project costs to the bidding climate, high availability of work for contractors, robust economy, timing of the bidding, and busy contractors. The high demand and increased construction costs are not expected to change for at least a year. The project shortfall could be funded with $91,481. 00 from . .. t~ ~..~. ~.~~.~.~ ~ l...~. i ~.~~. ~ ~.~?~.. ~ ?~ ~X.. ~~~.. ~~?:. ~ . ~! :.~! f ~ ~ ~ .. ~.~~.~ ~ ~~~.~~~.. ~. ~~~~.~..~.? ~~..~. ~ ~ ~:...... ..... ... ........................ ....... CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 14, 1998 meeting, the Land Use and Transportation Committee will be presented with staff recommendation to place the following items on the September 15, 1998 Council Consent Agenda: 1. Approve awarding the South 304th Street and Military Road Improvement Project to Scocollo Construction in the amount of $837,544.25, and approve a 10% construction contingency in the amount of $83,754.42. 2. Authorize staff to use $91,481.00 of traffic mitigation money collected in 1993 from the Auburn Supermall as general mitigation, and $87,317.67 from the unallocated street bond funds. 3. Authorize the City Manager to execute the contract. .:: ~t! ~~~ ~ ~~~:: ~ ~ ~ ::~~ ~ ~ ~ ~ ~;. :::. '~~ ~; :~~.~.. ~ ~: '.:::' '::: : ~L: ~~rC:4 ~~: ~~~~: ::~:': :~:: ~ ~ ~~' ~ ~ ": APPROVED FOR INCLUSION IN COUNCIL PACKET: ,"f~' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # KoICOUNCILIAGDBILLS\ 1998\MIL - 304 T. CC DATE: September 8, 1998 TO: Phil Watkins, Chair Land Use and Transportation Committee Ken Miller, Street Systems Manager (I¡I-- FROM: SUBJECT: South 304th Street and Military Road, Street and Traffic Signa/Improvements, Authorization to Award Bid BACKGROUND The South 304th Street and Military Road Improvement Project was funded as a part of the 1995 voter approved bond issue. Currently South 304th Street and Military Road are two lanes at the intersection. In the evening the intersection is very congested due to left turns blocking the through traffic. " This project will install left turn lanes and an asphalt shoulder on Military Road and South 304th Street at the intersection. Also, the intersection of South 304th Street and 28th Avenue South will be lowered approximately 4 feet to improve site distance. The following bids were received on August 25, 1998 for the project: Scocollo Construction Gary Merlino Construction Tucci and Sons Construction Engineers Estimate $ 837,544.25 $ 839,808.75 $ 868,324.66 $ 716,446.20 Estimated Project Costs: Right of Way Remaining Design Costs Construction based on low bid 10% Construction Contingency Printing/Advertising Utility Adjustments Total Estimated Costs $ 3,500.00 $ 35,000.00 $ 837,544.25 $ 83,754.42 $ 5,000.00 $ 5.000.00 $ 969,798.67 Available Budget: Project Funds Asphalt Overlay Funds $ 748,000.00 $ 43.000.00 Total Funds Available $ 791,000.00 The project would be approximately $178,798.67 over budget based on the bids received. Staff attributes this increase increase in project costs to the bidding climate, high availability of work for contractors, robust economy, timing of the bidding, and busy contractors. The high demand and increased construction costs are not expected to change for at least a year. The project shortfall could be funded with $91,481.00 from the Supermall mitigation money and $87,317.67 from unallocated street bond funds. Recommendation Place the following items on the September 15, 1998 Council Consent Agenda: 1. Approve awarding the South 304th Street and Military Road Improvement Project to Scocollo Construction in the amount of $837,544.25, and approve a 10% construction contingency in the amount of $83,754.42. 2. Authorize staff to use $91,481.00 of traffic mitigation money collected in 1993 from the Auburn Superman as general mitigation, and $87,317.67 from the unallocated street bond funds. 3. Authorize the City Manager to execute the contract. KM:kcm K:ILUTCI1998IMILI_304.AWA MEETING DATE: September IS, 1998 ITEM# ~ -¥-- .~-) """".................... '................. "".......... ""'......... """"""" ............. ............... ""'---""""'" ....... ............... """".......................... ................ ....... ............... CITY OF FEDERAL WAY City Councll AGENDA ITEM ... ~~:r..:...... ~i.~~.~ .~r:!. .. ~ ~~.~.. ~ t...~ ~~~ .. ~~ ~.. ~ ~~ ~ .~.i~ ~.Ii.~ ~.~ ~.~ ~.. ~ ~ J. ~~ !. ..~.~ ~ ~ ~ ~i~.~ ~ ~.~ ~.. t.~ .. ~.~ ~~ ~....... ..... CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ........... ................ ............ ....... ............. .......... """""".................... ..................... ---..... """"""............................................ ""................ """"'.............. ATTACHMENTS: Memorandum to the September 14, 1998 meeting of the Land Use and Transportation Committee """......................... ........ ......................... ........... ......... ........................... ....................... ........... .......... .............. ...... ................ .................... ""'............... SUMMARY/BACKGROUND: Three (3) bids were received and opened on August 18, 1998 at 10:10 a.m. for the Military Road at Star Lake Road Signalization Project. The bids were as follows: Totem Lake of Tacoma, Inc. Signal Electric, Inc. Transtech Electric Engineer's Estimate $146,868.00 $149,370.96 $155,886.35 $128,761.60 The lowest responsive, responsible bidder is Totem Electric of Tacoma, Inc., with a total bid of $146,868.00. AVAILABLE BUDGET The budget for the Military Road at Star Lake Road Signalization Project is $180,000, and is comprised of the following: . Hazard Elimination Program Mitigation Funds City Participation $162,000.00 $ 17,370.00 $ 630.00 Total $180,000.00 ........ .... ....... .................. ....... .............. ....... ........... ...... .............. ................. ............ .............. ............ ....................... ........... ........... ............... .......... .......... . ................ ............... ....................' ...... ........ .............. ......." ....................... ........... ....... ........... ......... ............ ................... ......... ........................... ............. ESTIMATED COSTS The estimated expenditures for this project is comprised of the following: Design WSDOT Low Bid (Totem Electric) Contingencies (10%) Construction Engineering Printing and Advertising $ 33,771.40 $ 3,500.00 $146,868.00 $ 14,686.80 $ 2,000.00 $ 2,500.00 Total $203,326.20 The project is approximately $23,326.20 over the budget of $180,000.00. There is $12,990.00 in the Non-Motorized and $10,824.00 in the South 373rd Street/Hylebos Creek Bridge CIP project accounts available for a total of $23,814.00 that would fully fund this project. ....................................................................................................................................................................................................... ................................ CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 14, 1998 meeting, the Land Use and Transportation Committee will be presented with the following staff recommendations and asked to forward these recommendations to the City Council on September 15, 1998: 1) Award Military Road at Star Lake Road Signalization Project to Totem Electric of Tacoma, Inc., the lowest responsive, responsible bidder, in the amount of $146,868.00, and approve a 10% contingency of $14,686.80; 2) Authorize transferring $12,990.00 from the Non-Motorized account and $10,824.00 from the South 373rd Street/Hylebos Creek Bridge account to fully fund this project; 3) Authorize the City Manager to execute the contract. "'cÏ~y";;U;¡~g~~"IDieO~~E-;;¡i;A~io-;;¡';"Ärr~'~~"::~":""J":;:;;'::~""~i'~~::;;~":~'~.:T:;'~~;"';';';;;;";:;::'~:;:;;'::::'.'::"i.., "'¡;;::~:~';O ~ "me ~usio-;;¡"~"c O~CÏ~";AC~E~;"""'iK .....( ~.f lt~~.if.~.... ........ .... ................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED DENIED - T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading k:lcouncillagdbillsl 1998lstarlake.awd Enactment Reading ORDINANCE # RESOLUTION # DATE: September 2, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee V¡\¡\ FROM: Ken Miller, Street Systems Manager SUBJECT: Military Road at Star Lake Road Signalization Project BACKGROUND Three (3) bids were received and opened on August 18, 1998 at 10: 10 a.m. for the Military Road at Star Lake Road Signalization Project. The bids were as follows: Totem Lake of Tacoma, Inc. Signal Electric, Inc. Transtech Electric Engineer's Estimate $146,868.00 $149,370.96 $155,886.35 $128,761.60 The lowest responsive, responsible bidder is Totem Electric of Tacoma, Inc., with a total bid of$I46,868.00. AVAILABLE BIIDGET The budget for the Military Road at Star Lake Road Signalization Project is $180,000, and is comprised of the following: Hazard Elimination Program Mitigation Funds City Participation $162,000.00 $ 17,370.00 $ 630.00 Total $180,000.00 ESTIMATED COSTS The estimated expenditures for this project is comprised of the following: Design WSDOT Low Bid (Totem Electric) Contingencies (10%) Construction Engineering Printing and Advertising $ 33,771.40 $ 3,500.00 $146,868.00 $ 14,686.80 $ 2,00000 $ 2,500.00 Total $203,32620 The project is approximately $23,326.20 over the budget of $180,000.00. There is $12,990.00 in the Non- Motorized and $10,824.00 in the South 373rd StreetlHylebos Creek Bridge CIP project accounts available for a total of$23,814.00 that would fully fund this project. .RECOMMENDATION: Place the following recommendations on the consent agenda at the September 15, 1998 Council meeting for approval. I) Award Military Road at Star Lake Road Signalization Project to Totem Electric of Tacoma, Inc., the lowest responsive, responsible bidder, in the amount of $146,868.00, and approve a 10% contingency of $14,686.80 2) Authorize transferring $12,990.00 from the Non-Motorized account and $10,824.00 from the South 373rd StreetlHylebos Creek Bridge account to fully fund this project. 3) Authorize the City Manager to execute the contract. K,ILUTClI9981STI<LKA WD.MEM DATE: September 4, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee Ken Miller, Street Systems Manager ~ FROM: SUBJECT: South 336th Street, & SR 99 (13th Avenue South to 18th Avenue South) Street Widening Project; Authorization to Reject Bids BACKGROUND The South 336th at SR99 Right Hand Turn Lane Project was funded as a part of the 1995 voter- approved bond issue. Currently, South 336th Street has no left turn lane east of SR 99 and four lanes west of the intersection of SR 99. Due to the heavy westbound left turn movement and traffic volumes, there are traffic backups, congestion, and accidents. The Bond Issue Project was described as adding a 150-175 foot eastbound right hand turn lane. On February 25, 1997 Council approved expanding the project to include a westbound left turn lane and extending the additional right hand turn lane on South 336th Street to 13th Avenue South. Bids for the project were opened on August 25, 1998 and are listed below: Engberg Construction. . . . . . . . . . . . .. $504,843.40 Tucci and Sons ................. $508,382.70 Gary Merlino Construction $556,377.75 Engineer'sEstimate .......... $413,287.60 AVAILABLE BUDGET FundsAvailable.................. $693,500.00 ESTIMATED COSTS Design. . . . . . . . . . . . . . . . . . Right of Way................... Printing & Advertising . . . . . . . Construction (based on low bid) . . . . . . . . 10% Construction Contingency. . . . . . . . Construction Administration. . . . . Potential Condemnation. . . . . . . . $ 82,000.00 $126,000.00 $ 5,500.00 $504,843.00 $ 50,484.30 $ 25,000.00 . . .. $ 30,000.00 Total........................ $823,827.30 The project would be $130,283.00 over budget based upon the bids received. Staff attributes this increase in project costs to the bidding climate, high availability of work for contractors, robust economy, timing of the bidding, and busy contractors. The high demand and increased construction costs are not expected to change for at least a year. There also remains one parcel of right of way outstanding and it is difficult to determine when the City will have possession and use. The possibility of condemnation exists for this parcel and could take one to three months. Since it is late in the year and right of way is a potential problem, staff recommends rejecting all bids and rebidding the project in the first quarter of 1999. This delay will allow time to resolve the right of way issue and the bidding will take in a more favorable climate and at a time when contractors are looking for work for the upcoming construction season. RECOMMENDATION Place the following item on the September 15, 1998 Council Consent Agenda for approval: I. Approve the rejection of all bids received for the South 336th Street Project; 2. Authorize staff to rebid the project during the first quarter of 1999, or at such time the right of way acquisition/condemnation process is complete. KM:kcm k,","119981336th@99.REJ MEETING DATE: September IS, 1998 ITEM# ~ ....................................................................................................................................................................................................... ...................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: PUBLIC HEARING .................................................................................................................."'................................................................".................. ........................................... CATEGORY: BUDGET IMPACT: _CONSENT _ORDINANCE _BUSINESS _X_HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... . ......................... ATIACHMENTS: Budget schedule ............................................"""""""".""""""..""""""""".""."""""........................................................................................................................ ............... SUMMARYIBACKGROUND: The City Council ¡, condueting a public bearing to receive citizen suggestions on the city's 1999-2000 preUminary biennial budget. ............................................................................................................................................................... ....................................... ............................... CITY COUNCIL COMMITTEE RECOMMENDATION: None ....................................................................................................................................................................................................... .......................................... CITY MANAGER RECOMMENDATION: To receive public suggestions prior to commencement of the city's ...~~.~.~:~.~:~.~:~~:....................................... ..... ............................... ....................... .........._J.+¡..dL.~!f.~~.................................................. ......... (jfJE APPROVED FOR INCLUSION IN COUNOL PACKET: (BELOW TO BE COMPLETED BY CI1Y CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLEDIDEFERREDINO ACTION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # LlCDVERCC.j/14/96 1999-2000 BIENNIAL BUDGET PROCESS PRELIMINARY SCHEDULE YEAR ONE (1998) Event Council Retreat - Develop Goals Council Review Budget Fiscal Policy Council Approve Budget Fiscal Policy IS Fund evaluate operational needs and prepare budget Posrtion control completed liS fund budgets due from managers and input Into Eden Allocate IS Fund charges to Operating Departments (MS) Eden budget data input training - by request Budget kickoff Dates 16-Jan 17-Mar 30-Apr 4-May IS-May 29-May as needed 3-Jun Departments begin input into Eden 1 st Preliminary Public Hearing Council budget retreat II Land Use Transportation Committee TIP presentation Budget submittals due - 1999/00 operating/capital, 1998 year-end estimate & peñormance measures Lock Out 5:00 PM MS compiles and prepared dept summary spreadsheets Begin review of Human Service proposals Revenue estimates - preliminary, departments & MSnnput 3-Jun 16-Jun 15-Jun 2-Jul New initiatives review TIP plan to Council TIP submitted to state 2-Jul 31-Jul 3-Aug 10-Jul 14 - 24-Jul 7-Jul B-Jul 20-Jul 10-Aug 10-Aug 10 -14-Aug 17 - 21-Aug IB-Aug 26-Aug 15-Sep 2B-Sep I-Oct 6-Oct 12-0ct 20-21-00t Hearing for CDBG Proposed Use of Funds Present CDBG recommendations to PSHS Committee Revenue projection with CM & Management Team CM review operating and capital budget CM budget decision Present CDBG recommendations to Council Final adjustments entered by MS Second preliminary public hearing Proposed budget printed Clerk publishes notices CM Proposed Budget to Council Present Human Services CoMmission recommendation Department budget presentations to Council Human Services funding recommendation to Full Council Public Hearing Council study sessions Council budget/property tax decision, Ord 1st reading Council adopts budget/property tax levy Final budget publication 3-Nov 3-Nov 4-5-Nov 17-Nov I-Dee 30-Jan YEAR TWO (1999) Event Dates Close prior year financl~1 records 31-Mar Complete 199B carry forward 12-Mar Finance Committee Reviews CF Budget Adjustment 23-Mar Council Approves Carry Fwd Budget Adjustment 20-Apr Review of Human Service proposals 12-Jul Tentative Budget Forecast to City Manager and MT 3-Jun LUTC TIP Presentation 5-Jun Operational Issues/Other long range planning issues I-June-15-Aug TIP plan to Council 2Q-Jun 2nd atr update; Council reviewlrevise 199B priorrties 15-Jul Evaluation of Programs Further development of performance measures Hearing for 1999 CDBG Proposed Use of Funds 3-P TIP submitted to state 31-Jul Departments propose budget changes 13-Sep 3rd atr revenue & expenditure forecasts update 20-Sep MT Reviews Mid-biennium Adjustment 13-0ct Clerk publishes notice of public hearing 1O-0cl Mid-Biennia adjustment - 10 FinlEco Dev Committee 26-0ct Public Hearings 2-Nov Mid-Biennia adjustmenUproperty tax levy Adoption 16-Nov BUDCALXLS 1999 & 2000 Budget Calendar 9/9/9B MEETING DATE: September 15,1998 ITEM# ,,~ (II--) ~~~~~~-~~~~~~~. ....~....~..........~....~.~.~~.............~...~ CITY OF FEDERAL WAY City Council AGENDA ITEM . .§.P..!I.~Ç.!.:.......Y«>..~.!~.. ç ~ ~.~.i.~.~.~.«>'.11. ~Ap.p«>..~.I1..!~.~~~.~...~.~........ ~ ~ ...~~~...~..~~................ ~.................. ....~.~....... CATEGORY: BUDGET IMPACT: _CONSENT _ORDINANCE _X_BUSINESS _HEARING -FYI _RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...~..~. ~.........~... ...~...~.....~~~~.~....~...~~~...~~~~~~...... ~.... ......................... ~................................ .......~~~.......~....... ~..... ...~~~~....................... .......~............ AITACHMENTS: None ~~.~.~~.......~..~.......~.............~...~~~~........................................~...~~~..~....~................................~~........ ...~........~~~....~~~.......~...~~.~..~.............. ..~.~~~. SUMMARYIBACKGROUND: The fun Councn will be interviewing appncants at a special meeting on September IS, and will make their recommendation for tbe appointments of eight (8) commissione" and two (2) alternates to the city's Youth Commission at the regular meeting. ................ ...~.~.~~~~~~~~..~...........~....~... ~ ...........................~ ......~~~............. ~........ ....~.................... ................... .......................... ........................ .........~ ~... CITY COUNOL COMMITTEE RECOMMENDATION: None ........~~.................~..........................................................................................................................~~~.....~.....................~.................. .....~~~ OTY MANAGER RECOMMENDATION: To approve the appointments to the Youth Commission as ... ~~~~:::~~~.~~..t.~~..~~.:~i.I.~.~.~.~~.I~~...............~.. ~.......~~................. ...t.~~ ~.I) /~,.,M~ ~ ~ ..................... .....~..~ ~ ~...... ~ ~..~. di APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDffiEFERREDINO ACTION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # L\CQVERCC-S/14/96 MEETING DATE: September 15,1998 ITEM# ~~(r;-) ....................................................................................................................................................................................................... ............................................. CITY OF FEDERAL WAY City Council AGENDA ITEM ...~y~.~ç.!.;...Q.Q Y~~M~.N!..~Ç.Ç~.~.~ ..~.QY..~M~.N!'.~¥..Q ..A.~ :t:».~ 9..Y ~!:-............ CATEGORY: BUDGET IMPACT: _CONSENT _ORDINANCE _X_BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ..................---.............---........ ATTACHMENTS: Project summary, RFQ comparision sheet, recommendations for purchase. ..........................................................................................................................................................................................""""""""""""" """"""""".."""""" SUMMARYIBACKGROUND: Staff has concluded study, evaluations, design and request for quotation for the purchase of equipment needed for City of Federal Way government access broadcasting. This project was reviewed and approved by City Council in March 1998. The response for the RFQ has not gone through committee, in order to expedite the purchase and installation process. Staff is now requesting City Council review, approval and award of the bid as per the attached. CITY COUNCIL COMMITTEE RECOMMENDATION: None ....................................................................................................""""""""""""""""""""""""""""""""""""""""""""'".................................................... CITY MANAGER RECOMMENDATION: Approvc bid award for cquipment in Attachment "B" to the five vendors totalling $80,501.49, plus tax of$7,164.63. Tl:.. )k ;. ......................................................................................................................................................~....JIL.....':l...ik........................""" """""'" APPROVED FOR INCLUSION IN COUNOL PACKET: J¡; (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLEDIDEFERREDINO ACTION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # City of Federal Way Government Access Channel Broadcasting Request for Approval of Quotes and Purchase of Government Access Channel Broadcasting Equipment September 15, 1998 City of Federal Way Government Access Channel Broadcasting Background ~ Goals & Objectives ~ Staff Studies and Evaluations ~ System Requirements and Design ~ Equipment Selection Criterion ~ Request For Quote {RFQ)Process ~ RFQ Results ~ Recommendations ~ Next Steps City of Federal Way Government Access Channel Broadcasting Goals and Objectives Goals: ~ Provide general information about City business on Federal Way cable television government access channel Objectives: ~ Broadcast up to 12 hours per day ~ Utilize local cable television services ~ Provide live and taped-live broadcasts (council meeting sessions) ~ Provide community bulletin board (information about public meetings, public notices, City services, events) ~ Provide taped programs (public and personal safety) City of Federal Way Government Access Channel broadcasting Staff Studies and Evaluations ~ Visited broadcasting operations at various neighboring cities (Kent, Des Moines, Renton, Tacoma, Kirkland) ~ Met with volunteers and other professionals ~ Met with many vendors and manufacturer representatives ~ Attended three-day audio/video conference ~ Joined and attended regional GAC group meeting ~ Attended equipment demonstrations and tested various equipment City of Federal Way Government Access Channel Broadcasting Systems Requirements and Design Phase One Equipment Needs: Council Chambers AudioNideo Robotic cameras (3) Video control and switching system Microphones and audio mixer Remote Microphones Video players and recorder Presentation equipment Character Generation Equipment Field Equipment Materials and Supplies Phase Two Equipment Needs Video Editing Equipment Increased Automation Increased Redundancy and Fault Tolerance ::r E ~ ~ õ2~ ~ ~ ~tl *, Q ~ (13 'U --!:\~ t- -.;:s 'U (13 (13 ~~~ - I.L ij "C5 \..) e '-' -- -. z ] ~ ...:.:N,<\ ~ Ç: jjj '-' ~'" (p', .~ '6' !¡ ~ ,,"<'"', '} '~<'"à " -', ~,\- '\" ',) ,°', '-Ò'> '-/ 'v ,<\ j~ '" ~ I ~ I Media I gi u r~=f~. ]8] 0 ¡i ~j lbJ Video Component: Video Mixer Switcher CompoBit Audio Component: Council Mikes 0 Audio Mixer Cordless Mikes 0-----==== 0----- CG = Character Generator RC = Robotic CaInera SC = SUD CaInera PC = Presentation CaIn' FC = Field CaInera Mn= Monitor (B/1I'.9") VA Out to Recorder Deck I = I V A Out to Video Projector CJ:1 V A Out to SpeakeJ'll I ::a:: I VA ~ ProaraJD Out(T City Clerk Tape Recorder House Speakers Video Mixer Program Out(TCI) .~.,. City of Federal Way Govemment'Access Channel broadcasting Equipment Selection Criterion A list of manufacturers and model numbers of the equipment that would best fit the City's needs based on: ~ Cost (purchase and operations) ~ Integration capability ~ Quality of equipment ~ Expandability ~ Reliability ~ Compatibility with other equipment and cities' systems ~ Ease of use ~ Industry trends ~ Support, maintenance and warranties City of Federal Ifay Government Access Channel Broadcasting RFQ Process ~ Identified major vendors and distributors ~ Received recommendations from other cities ~ Checked local and state vendor list ~ Compiled list of participating vendors ~ Issued RFQ and received quotes from vendors II II City of Federal Way Government Access Channel Broadcasting Vendor List Audio Visual Frontiers, Lynnwood, W A Muzak -- Seattle, Seattle, W A Northwest Computer Services, Bellingham, W A Pro-Line Industries, Inc., Bellevue, W A Professional Video & Tape, Kent, W A Spectral Multimedia, Bellevue, W A Troxell Communications, Redmond, W A VMI, Edmonds, W A City of Federal Way Government Access Channel Broadcasting RFQ Results * Please see attachment "A" City of Federal Way Government Access Channel Broadcasting Recommendations Total Award Per Vendor Professional Video & Tape Proline Industries, Inc. Muzak Troxell Communications $55,680.15 $20.402.34 $4,280.00 $139.00 $80,501.49 Total * Please see attachement "B" for details City of Federal Way Government Access Channel broadcasting Next Steps ~ Council approve purchase ~ Place order on equipmen ~ Continue development of slides for information channel ~ Council approve policies and procedures ~ Receive equipment, set up, install, debug and train ~ Continue work with TCI on connectivity and signal feed ~ Build library of programs ~ Start video-taping and broadcasting January, 1999 ""'S'CO""ON'""",",GAOCOUNC'L SHW ~ ...... , £ -j i. ...... ¡ I ; j ;¡ !î¡ : J ¡ q~ J , ! ~ ~ i "",.. ~~åm~ ! , j! .~ d -j .1 IHiI. f¿Tm_- I' ¡ c ¡ II ! J! ¡U I ! ""'" " m!~.ã ~~ ""'" h ~â!~~.a I¡ " H , I ~pJ "".. ~âam HHH'H ....... .. i1 u i i 'HHB H ....... .. , n___-- _nn- - , ~ !: ' ]gj ~ ",.... , ~må!~ ".... , Hg¡~ , ~ i ..,.... ~~~ã~'! - ¡ Ii II ~ J! q; i I~ I ~! ! I ~ J II dH m .."", B , H!ã~'! .. . , ã BH'B H "...., .. HBB'H ....... .. ì II 11 î ! II ~¡ ! U I í .., 'n Hg !~ ' J i , d II 1 'I J! I ¡ J! m~~¡~ H~ ..,.."",,', w~. g !! ~ ""'O, . H!å~.¡ , Hmmm~ 80O. " , IJ,!! ¡ °".,. , A J ¡ ""'" " ~;ã!"~ !! ...... ;,;ê,!U 8O ---+ n_n n ...... " ,~",! .. 8.... ,¡~¡¡ .. j~ , i Jj J . II ij j 1\ ; ¡ j II ¡¡¡¡i¡ O, !§!¡¡ ~! J ill! JmmJ -J' BH'B , , , 'J H' ....,.. I , , I j !¡ih!d 1- ! thiUd jð II, . 1 j~.f.'!.II. ! j ;llli1-.H j }'ð Ij.l. . i, 11'1' !¡! HI:l' 1-'1 -,' J !Wh'¡ Lilt II; ,I", .; ,.,¡oll . J .,1 'i II}! ¡ -, . i !¡lIIm! JI! 1 r~ Ln- - ;¡! ----- !¡Wm :m " - uco.I.lo ,- , ,-00..01,1--.. - 1-10101.1-1 0 1,--.. "u '.]- , ! ! ¡ j¡1 - ¡ ¡ " " 'i J! Ii . , , ~ ! j I , ,,- I¡ j I~!: ! ." ¡i ii I " ,Á W! , ~ , ! Ii )¡ ;1 J! . ; ; J ~ , Ii ¡ i. ,Ii' HJf Wi ¡- 'm Ij ¡ !.ïi h I 1¡11 j! " ¡,t! ¡' I!', jj ! ¡Jill ! ¡ g '1 ; :. i !'~i i!~ìlnt ~H i! 'I ¡ 'Ul,J~~ 6 : - 11 co . , 8' I ~ I ¡~:¡~~¡ j !~ 8 888 . 88 88 88 ! m ãa ã! ~, , 8 "88n 88 88n I ¡ I!g~" ô;;; Ii , , .".,,- ,..,,", ; ! ~mg ¡¡gm: , , "'" ; ! :.ga """, ,;"¡" . II ~¡¡ III '" ... , ""n, " 'ag" I ,1 ¡' -1 Fh " 'i I H'I¡~J ! I .~¡ 1j.J!! 1.11 'j! Ii ¡ ';'11' ,,v~; HI!.! Government Access Channel R Attachment "B" dt" fA Request For Quote ecommen a Ions or ,pprova. Item No. lotv. Item Extended Cost Supplier Selection Criterian Council Chambers Setup This configuration consists of three pan-and-tilt Most complete package. cameras to be mounted inside the council ., cost, supplier support, chambers. Power is provided to each camera at expenance its location. The control and video signals are routed into a control booth in the corner of the council chambers. Composite video signals are terminated at the Trinity system, and the control cables are terminated at the robotics control unit. All cables must be cut to length and pre-terminated. See drawings and cable specifications attached, A. 3 Panasonic paultilt head, AW-PIDOO $9,062.50 Professional Video & Tape B. 3 Panasonic camera head w/14x lens, A W-E560 $17,750.01 Professional Video & Tape Panansonic AC adapter A W-PS300 for $1,484.38 Professional Video & Tape C. 3 AW-PH300(seeDr.l) Panasonic cable AW-CA20Tl5 for AW-PIDOO $361.72 Professional Video & Tape D 3 (see E. I Panasonic Control P.nel AW-RP305 $1.416.67 Professional Video & Tape Panasonic AC adapter AW-PS310 for Control $83.33 Professional Video & Tape F. I Panel Panasonic triple rack mO1mt B&W 5" monitors. $875.00 Professional Video & Tape G. I WV-BM503 Misc. plenum-rated cables for above (See exact $580.94 Professional Video & Tape H. 1 info in attached drawings/cable specs) I. 3 Ceiling/wall mO1mts for paultilt cameras above $956.67 Professional Video & Tape Trinity Production Suite (Switcher/editor, CG II. system) This 1mit will provide the main switching and Most complete package, production capabilities. All Council camera cost, supplier support, signals are directed to this unit through the 3 expenance rack-mounted monitors, plus the signals from the tape decks and visual presenter, and audio signals from the audio mixer and other audio sources. The City will provide the necessary computer to integrate with this unit. Vendor is to install software and configure the Trinity for all input and output devices, The vendor must identify and quote all other necessary cable and misc. material. A. 1 Base Trinitv System $4.995.00 Professional Video & Tape 8. I Clip grab card $995.00 Professional Video & Tape C. I Ram upgrade for switcher and warp engine cards $486.67 Professional Video & Tape D. I Balanced XLR audio system $1.795.00 Professional Video & Tape E. 7 Composite, Y/C inputs for cameras $4,865.00 Professional Video & Tape F. I Multi-fonnat master output $995.00 Professional Video & Tape G. I Multi-fonnat slave output $895.00 Professional Video & Tape H. I Preview oUlout $395.00 Professional Video & Tape I. 2 Sony powered monitor speakers. SMS-IP $404.21 Professional Video & Tape J 2 Panasonic 13" color monitors. CT-S1390Y $338.54 Professional Video & Tape .oK. Necessary cables (See attached drawings/specs) $101.61 Professional Video & Tape I Trinity Initial trainin~, 4 hours nc Professional Video & Tape III. Field Equipment Canon XL-I: K:\MIS\1996\GAC\GAC4CC WB2 04-Sep-98 Government Access Channel Attachment "B" Request For Quote Recommendations for Approval. Item .1 No. Otv. Item Extended Cost Supplier Selection Criterian Canon digital video camera. XL-I, Cost w/interchangeable lens System, still camera $3,644.79 Professional Video & Tape A. I capabilities, 16x lens w/image stabilizer Sony deck for dubbing to S- VHS, DSR-20 $2,894.00 Proline Industries, Inc. Cost DVCAM C. 2 90 miD. Lithiwn Ion auxili;;;:v¡,atterV $226.67 Professional Video & Twe Cost D. I PortaBrace case for Canon XL-I camera $190.56 Professional Video & Tane Cost E. I XLR adapter kit for balanced audio F. I BolZen3121 tripod $187.00 Proline Industries, Inc. Cost Canon Oplnra mini DV: Canon Optura mini DV camera kit:BP-914 battery Cost pack. STY -250 stereo video cable,CA-900 compact power adapter, S-150 S-video $1,740.63 Professional Video & Tape cable,DC-900 DC coupler, WL-D66 wireless controller,DVM-E30 DV cassette, SS-200 G. I shoulder strap Canon soft canying case SC-A20 for Optura $20.59 Professional Video & Tape Cost H I camera Canon stereo/zoom microphone ZM-I 00 for $15\.11 Professional Video & Tape Cost [ I Optura camera 1. I Canon Filter Set FS-55U for Ontura camera $76.11 Professional Video & Tape Cost Canon Battery Video Light VL-I Oi for Optura $6\.11 Professional Video & Tape Cost K. 1 camera L. I Canon addnl.. Lithiwn Ion Batt;V Pack BP-914 $64.71 Professional Video & Tane Cost M. I Canon 5a-1 adapter bracket for VL-I OLi 33.33 Professional Video & Tane Cost IV, Post-Production Decks Panasonic S-VHS editing player/recorder, $3,294.00 Proline Industries, Inc. Cost A. I AG-DS555 B. 2 Panasonic S-VHS editinlZ plaver, AG-DS545 $5,456.54 Proline Industries, Inc. Cost C Necessarv cables (see attached) $154.29 Professional Video & Tane Cost D. 3 Rack ear kit for 19" racks $44986 Professional Video & TaDe Cost V. Presentation Equipment The presentation equipment will be used in the City Council Chambers, The visual presenter output connects to the projector and the Trinity switcher in the control booth. Presentation equipment will be portahle, not mounted. Eki LCD multimedia projector, LC SVGA860A Cost 700 ANSI lwnens 800x600 SVGA Projects up to $4,533.00 Proline Industries, Inc. 400" diag. picture up to 47' Wireless remote/mouse A. I for projector and computer Elmo visual presenter, EV500AF 410,000 pixels Cost CCD pickup NTSC compatible RGB output, $2,518.00 Proline Industries, Inc. B. I S-video output C. Necessarv cables (see attached) $29.14 Professional Video & TaDe Cost VI. Audio CD Player A. 1 Tec\mics 5-disc CD chanller w/remote, SL-PD888 $139.00 Troxell Communications Cost K\MIS\1998\GAC\GAC4CCWB2 04-Sep-98 Government Access Channel R Attachment "B" dt" fA Request For Quote ecommen a Ions or ~pprova. Item No. lotv. Item Extended Cost Supplier Selection Criterian Microphone System Components/Audio Mixer ¡ Most complete package. cost, supplier support, experiance, incl, installation, vendor has set up original City Audio systems VII. A, I Altee Mic Mixer, 1684A w/8 input $2,510.00 Muzak B. 7 Toa Desk Microphone, PM660U $840.00 Muzak C. I Toa Module, WTU770 $630.00 Muzak D. I Toa Lavalier Mic, WTU370 incl. Muzak E. 7 Microphone cables for desk mica (see attached) $300,00 Muzak F. Necessary cables (see attached) incl, Muzak VIII. Supplies - "Broadcaslcuality" A. 20 DV tapes -Canon DVM-E60 min tapes S195.40 Proline Industries, Inc. Cost B. 4 DV cleaning tapes - Canon DVM-CL S70.60 Proline Industries, Inc. Cost C. 20 DV cassettes - Canon DVM-E30 S168.80 Proline Industries, Inc. Cost D. 30 S-VHS tapes, Maxeli 126 min., mfr. Stock No.: S247.50 Proline Industries, Inc. Cost E. 30 S-VHS tapes, Maxelll82 min., mfr. Stock No,: S514.50 Proline Industries, Inc. Cost F. 20 S-VHS tapes, Fuji 30 min., mfr. Stock No.: S156.00 Proline Industries, Inc. Cost G. 20 S-VHS tapes, Fuji 60 min, mfr. Stock No.: S167.00 Proline Industries, Inc. Cost fI_limiMmø.t,ttl:i'NttØîl:i'ld:i'dHIH:i'dt\4b: I Professional Video & Tape Proline Industries, Inc. Muzak Troxell CommLnications Total $55,680,15 $20,402,34 $4,280.00 $139.00 $80,501.49 L K:IMISI1998IGACIGAC4CCWB2 Q4.Sep-9B MEETING DATE: September 15,1998 ITEM# ,rzr~ ) umuumuuuu,um,u'umm,'uu.mm.uummuuuummm'u.mmuU'.muummmmum.mmmuu.mu.mmmmmm.u.muuuuuu.uuuumuuuumuuuu.uummu..mm.u'UU'U'm CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1999 Legislative Agenda and Position Paper u U.. "'.nmmmuu.u. U... n.. ..mmuuu.u...--- '.mmuuuu.... n'num.._.......... ..........mumu"......m"""""..mmmuu'U.um.............muuuu.. CATEGORY: BUDGET IMPACT: _CONSENT _ORDINANCE .x.BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ 0 Expenditure Amt: $ 0 Contingency Reqd: $ 0 .n..mmmmmmmm"'u,u..muuumumu,uu,u"m.muuuuumuu "'mm.mmmmu........ .mummmmmu""'.m.muuuuuu.u '.mmmuuu"'Ummmmu. "mmmmmu.u... A TT ACHMENTS: I) Summary memorandum with comments received dwing the CoWlcil Committee process and 2) Draft . ..1.~~2..I,<:¡¡i.sl.a.?,:~.~g."".<Ia.. ~uP'~~iti.".I1.p'.aP:"!.:. ..mumum m u u m U"""mm m mm 'UUUU"UU'mmuuuum m U"'.... m '.mmmuu...... mmummuu.U,,'uum m m muu SUMMARY /BACKGROUND: The City annually prepares a Legislative Agenda and Position Paper that states the City's positions on issues that may arise before the State Legislature. The attached document was prepared by staff based upon prior year positions, issues raised by the A WC, and issues raised by City departments. . m m m m m m u u u uu U. muumumm,uuuUUUU'mmum m m.m muuuuuu. m mum.muuuu. u uu m. m m m m m 'U'UUU""mum m m m 'UU"mmuuuuuuu.u... CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 25 meeting, the Finance, Economic Development and Regional Affairs Committee recommended forwarding the Draft 1999 Legislative Agenda and Position Paper -- along with comments received from CoWlcil Committees - to the full CoWlci! for discussion and adoption. CITY MANAGER RECOMMENDATION: Review the comments receiyed dwing the CoWlcil Committee process ...~~~.~~~.~t.~e..1.999~~~I.Sl~~I~~.~~.e~.~.and POSiti~.~.~~::......u.---u.m..................u..... ...l~1!..lg~~~.mumuu.muu.. APPROVED FOR INCLUSION IN COUNCIL PACKET: ;lJ (BELOW TO BE COMPLETED BY C/lY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: August 25, 1998 Finance, Economic Development and Regional Affairs Committee Subject Derek M. Matheson, Assistant to the City Manager 1999 Legislative Agenda & Position Paper From: Action Requested: Staff requests that the Finance, Economic Development. and Regional Affairs Committee: a) review the staff-proposed Legislative Agenda and Position Paper and suggest changes, if necessary; b) place the document on the September 15, 1998 City Council agenda - along with input received from all Council committees - for final discussion, amendment, and adoption by the City Council on that date. APPROVAL BY COMMITTEE: )'} /á~ ~ Corhmit e Chair ~" ('~¿.~ - O-C~ ommlttee Memher ~"" ^) ~~ 6.d.--r.Þ '- Committee Member J v ¡ij~ ì»~ AY MEMORANDUM TO: Federal Way City Council Derek Matheson, Assistant to the City Manager>/' FROM: DATE: September 1, 1998 SUBJECT: 1999 Legislative Agenda & Position Paper Attached for discussion and adoption by the City Council is the staffproposed Legislative Agenda and Position Paper for the 1999 Legislative Session. The proposed Position Paper includes all issues on which the City may wish to take a position during the next legislative session. A subsection of items in the Position Paper that are likely to receive greater City attention during the legislative session are marked with an asterisk and cross-listed on our Legislative Agenda, which will be shorter and more effective than in past years. New additions to this year's Position Paper include: . Assumption of special purpose districts Abolition of Boundary Review Boards A position on Conservation Districts Support for continued distribution ofMVET funds to cities (or an acceptable substitute) Local government involvement in salmon issues City-supported changes in the labor contract arbitration process Limiting of employer liability for reference checks Economic development funding Immunity for the Year 2000 Problem The Legislative Agenda and Position Paper was reviewed by the City Council's three committees in August. The committees made no fonnal amendments, but individual members did raise issues and/or provide suggestions for amending the document: Sales Tax Exemption for Parks and Cultural Arts Facilities Construction page 2. It was suggested that the City should support exempting all capital improvement projects from sales tax, as opposed to only those approved by voters. AssumPtion of Special Purpose Districts palle 4. Discussion about the extent to which the existence of special purpose districts is truly inconsistent with the Growth Management Act (GMA), and whether the reference to the GMA should be replaced with a reference to Countywide Planning Policies. Growth Manallement Act palle 5. Discussion about the level of support Federal Way should provide for the GMA, given GMA's impact on local control. Boundary Review Boards. palle 5. Discussion regarding removing the last sentence, which refers to BRBs and political pressure. Technical Amendments to Comprehensive Plans. palle 6. Discussion regarding whether more frequent amendments to comprehensive plans is in the best interests of cities, and whether Federal Way should advocate a thorough legislative analysis rather than a particular policy position. Child Care. palle 7. Discussion as to whether Federal Way should support budget enhancements for a state agency as a means of achieving desired policy outcomes Staff Recommendation Review the comments received during the Council Committee process and adopt the 1999 Legislative Agenda and Position Paper. 2 City of Federal Way Legislative Agenda 1999 Legislative Session Draft 8/12/98 Motor Vehicle Excise Tax Federal Way opposes any redirection of the Motor Vehicle Excise Tax (MVET) that restricts or lessens MVET support for local programs unless equal revenues that accommodate inflation are substituted. Current MVET -funded programs include sales tax equalization, public health, criminal justice, the Municipal Research and Services Center (MRSC), and transit and transportation funding for cities. Assumption of Special Purpose Districts The existence of multiple urban service providers inside urbanized areas is inconsistent with the values of the Growth Management Act, which states that cities are the appropriate providers of urban services in these areas. The City therefore supports legislation which simplifies and clarifies the circumstances under which a city may dissolve and assume jurisdiction over a special purpose district, and opposes any legislation that would diminish that authority of cities - especially within Potential Annexation Area (P AA) boundaries. Conservation Districts The City supports efforts to conselVe natural resources within the city and within the region as a whole and, where appropriate, supports the use of conselVation districts to fund and provide conselVation related improvements that are not provided by local government. The City does not support, however, special assessments which duplicate assessments imposed by a city for conservation purposes and which do not provide additional benefits to properties within the city. The City therefore opposes any legislation that would mandate inclusion of a city or properties within it in a conservation district. Capital Facilities Planning Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and counties. Boundary Review Boards The City supports elimination of Boundary Review Boards. These non-electeri boards have been rendered obsolete by Potential Annexation Area (P AA) planning under the GMA. Further, these boards have a history of bowing to political pressure and contradicting specific GMA provisions and values. Liquor Licenses Federal Way strongly supports any efforts to make the commercial liquor license application process more accessible to the public. A public hearing process would improve access by the community and would encourage greater input and comment from all interested parties. In addition, liquor license applications should be make available for public inspection and subsequent written comment at the local level. Applicant would need to place a public notice in paper advertising the license and the availability of application materials. Liquor Control Board The state should conduct a performance evaluation/audit of the liquor control board as it relates to its mission of regulating liquor for the sake of our state's communities. The Legislature should restructure/reaffirm Liquor Control Board as mandated by audit. Adult Retail Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult retail establishments on their communities by adopting strict requirements for location and hours of operation. Secondary impacts have been documented by a number of studies and include increased criminal value, diminished neighborhood character, and downward pressure on property values. Salmon Issues State initiatives related to salmon habitats should contain local components that recognize the vast diversity of conditions across the state. In addition, all state initiatives and processes related to salmon should include meaningful input from local government. Telecommunications Federal Way continues to strongly oppose legislation which would preempt local authority over such items as pole attachments, cellular tower siting, cable refranchising, and telecommunications charges. Federal Way supports legislation that protects the right oflocal government to assess franchise and other fees, to negotiate franchise agreements, and exercise other controls on the operation of telecommunication business in the public rights of way. 2 City of Federal Way Position Paper 1999 Legislative Session Draft 8/12/98 General Policy The City of Federal Way supports state legislative efforts to encourage cost-effective regional policy planning and delivery of government services, balanced by local program implementation. These efforts must be focused on eliminating duplicate services and preserving local control over service delivery. The City also supports legislation which enhances local flexibility to address issues of local concern. The City opposes legislation which mandates increased local costs or which results in an inappropriate diminution oflocal authority over local affairs. General Local Government Home Rule The City of Federal Way strongly supports the adoption ofa constitutional home rule amendment which would guarantee decision-making authority for local matters at the local level. The City also urges the Legislature to retrain trom enacting legislation that adversely impacts the concept of local self-government or restricts the ability of cities and towns to exercise existing power. Mandates All local governments have been impacted by the elimination and reduction of various federal domestic aid programs. Changes at the state level have also affected local government revenue options. Equally important are the growing number of mandates passed trom the federal and state governments to local governments; mandates which are not accompanied by additional resources. Delivering public services requires a strong state-local partnership, and local revenue needs must be recognized when new programs are enacted or if the state revenue system is restructured. As directed by Initiative 62 (RCW 43.135.060), Federal Way strongly urges the Legislature to cease imposition of additional financial or operating burdens on cities unless such mandates are compelled by an overriding state interest and are accompanied by financial resources to accommodate the costs of compliance. Year 2000 Problem Federal Way supports legislation that would protect local governments and their elected officials! employees trom liability and harm caused by incorrectly calculated or interpreted dates associated with the Year 2000 (Y2K) Problem. Finance and Economic Development State Fiscal Policy State Tax Roll BacklExpenditure Limitation Efforts Federal Way receives significant support ITom state-collected, locally-shared revenues. As such, the City opposes efforts to alter state fiscal operations unless they enhance City receives (*) Motor Vehicle Excise Tax Federal Way opposes any redirection of the Motor Vehicle Excise Tax (MVET) that restricts or lessens MVET support for local programs unless equal revenues that accommodate inflation are substituted. Current MVET-funded programs include sales tax equalization, public health, criminal justice, the Municipal Research and Services Center (MRSC), and transit and transportation funding for cities. Public Works Trust Fund The Public Works Trust Fund benefits many local governments with dependable, long tenn funding for repair and reconstruction oflocal public works systems. The Legislature is now required to approve an annual list of projects, but has never deleted a project recommended by the Public Works Board. Federal Way supports eliminating the Legislative approval requirement for annual distribution from the Public Works Trust Fund. Expediting the approval process would facilitate the construction of these projects by the summer construction season. Continuation of Grant Programs Federal Way opposes any erosion in its financing sources and strongly encourages the Legislature to maintain Criminal Justice Funding and other grant programs which support local program operation. Local Finance Sales Tax Exemption for Parks and Cultural Arts Facilities Construction Labor costs for the construction of road, street, and trails projects are currently exempt from state and local option sales taxes. Federal Way supports extending this exemption to all voter-approved capital improvement projects. Tax Increment Financing Tax increment financing allows cities to pay for the inftastructure costs related to development or redevelopment projects by earmarking the tax revenues attributable to the increase in tax receipts over current receipts in the apportionment district. The tax increment would be dedicated to paying the debt service on the bonds issued. After the bonds have been retired, the tax increment would be distributed in the same manner as other non-increment property taxes. The overriding benefit of tax increment financing districts would be to 2 facilitate quality and comprehensive development, and redevelopment of our community. Federal Way thus supports efforts to amend the state constitution as necessary to accomplish a tax increment financing program. Voted Excess Levy for Capital Improvement Bonds Municipalities should be authorized to seek voter approval for an excess property tax levy to fund capital facilities projects. The levy could be used for projects on a pay as you go basis or for debt service on bonds. The levy would not be tied to one project, but could be used to realize any of the projects in the adopted facilities plan. The bonds would be unlimited general obligations of the City. Voter approval would be by simple majority. Benefits of this option include the development of a comprehensive community tax policy to deal with its infrastructure needs using a multi-year business plan approach. Bidding Procedures and Limits Federal Way supports efforts to streamline state laws and regulations governing the bidding process, giving cities greater flexibility in bidding procedures and limits. This could include raising the ceiling for small works roster projects from $100,000 to $1,000,000 to reduce the costly bid process. Economic Development Economic Development Funding Sources Federal Way supports new funding sources for local economic development, accompanied by significant latitude in the use of funds to allow cities to meet diverse local economic development needs. Economic Development Partnerships Federal Way supports government partnerships with the private sector for the purposes of promoting quality governmental services and economic vitality. Records Maintenance Costs Voter Registration Maintenance Costs State law presently allows counties to charge cities to maintain voter registration records. This law, passed in 1987, when the counties took over voter registration from the cities, did not include a sunset provision to eliminate the charge when the transition was complete. Furthennore, these charges are not uniform, ranging from $.22 to $1.55 per voter. State law does set a $.30 maximum charge for smaller cities, but does not specify a charge for larger cities. King County collects over $1 million in voter maintenance fees each year, which should more than cover the cost of minor data entry changes. Federal Way supports legislative changes which would standardize this charge in a manner which accurately reflects the cost of maintaining voter records. 3 Public Records Federal Way finnly supports the right of the public to have access to the records and operations oflocal government. The City supports legislation to define the calculation of cost recovery fees for records retrieval trom municipal electronic information systems. Personnel and Labor Relations Civil Service Reform Federal Way supports civil service reform for police officers that allows cities to streamline hiring processes, diversify workforces, and recruit, retain, terminate and reward employees. Police and Fire Arbitration Federal Way supports legislation that would make arbitrators in binding interest arbitration with police and fire personnel to consider the following factors in making an award: a) the city's financial ability to meet the costs of the contract, giving due consideration and weight to other competing city services and priorities as determined by the City Council; b) local labor market conditions, c) internal equity with other city employees, and d) efforts by new organizations to move away trom traditional methods of compensation in favor of innovative compensation strategies (such as incentive pay). Limit Liability for Reference Checks The City supports legislation that would provide local governments with immunity trom civil liability for disclosing information about an employee' sjob performance during a reference check. Prevailing Wage The City of Federal Way supports legislation to clarify that maintenance activities performed by contract, like those performed by regular employees, are exempt trom prevailing wage requirements. Current law creates a disincentive for the use of contracting by local government entities. Land Use and CommunitY Development Special Purpose Districts (*) Assumption of Special Purpose Districts The existence of multiple urban service providers inside urbanized areas is inconsistent with the values of the Growth Management Act, which states that cities are the appropriate providers of urban services in these areas. The City therefore supports legislation which simplifies and clarifies the circumstances under which a city may dissolve and assume jurisdiction over a special purpose district, and opposes any legislation that would diminish that authority of cities - especially within Potential Annexation Area (P AA) boundaries. 4 (*) Conservation Districts The City supports efforts to conserve natural resources within the city and within the region as a whole and, where appropriate, supports the use of conservation districts to fund and provide conservation related improvements that are not provided by local government. The City does not support, however, special assessments which duplicate assessments imposed by a city for conservation purposes and which do not provide additional benefits to properties within the city. The City therefore opposes any legislation that would mandate inclusion of a city or properties within it in a conservation district. (*) Capital Facilities Planning Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and counties. Grawth Manarrement Growth Management Act Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool. However, the Act creates challenges for state, county and cities. To meet these challenges, the Legislature must continue to monitor the efforts oflocal agencies, and address any necessary additional refinements to the Act in an effective and timely manner. Such refinements may include clarification of the role and responsibilities of the state in developing policies and capital plans in conformance with locally adopted comprehensive plans, assuring the adequacy of funding sources to provide adequate inftastructure, urban services, housing and employment opportunities within urban growth areas. The Legislature must also act to provide sufficient time, technical and financial resources to cities completing growth management planning. Growth Management Hearings Boards Federal Way supports legislation recognizing the need for local flexibility in effectively implementing the GMA and requiring Growth Management Hearings Boards to defer to local decisions, policies and processes implementing the goals of the GMA when these actions are otherwise consistent with the GMA. (*) Boundary Review Boards The City supports elimination of Boundary Review Boards. These non-elected boards have been rendered obsolete by Potential Annexation Area (PAA) planning under the GMA. FHlthsl', thp~ards hR. e Ii histeFY gfboming to politic~adicting specific GMAìJI'6¥Ï,.inn. .nd "ahles. Land Use Decisions and Permitting Federal Way supports legislation that further defines, coordinates, simplifies and streamlines land use decisions and permitting under the GMA as well as under the State Environmental 5 Policy Act and the Shorelines Management Act. Such legislation should balance the benefits of statewide uniformity with the need for local communities to govern themselves. Shorelines Management Act The City supports eliminating the requirement that local governments prepare separate shorelines management plans. Similar plans already exist as elements of comprehensive plans that have been thorougWy reviewed by the Department of Community, Trade and Economic Development. Separate state-level shoreline use permits should also be eliminated in favor of permits issued by cities in accordance with approved comprehensive plans. Technical Amendments to Comprehensive Plans Federal Way supports legislation authorizing GMA-p!anning cities to adopt technical amendments to their GMA plans and regulations more than once a year. Annexation Law Federal Way supports current State law regarding annexations. The City also supports retention of city authority to review the impacts of an annexation on the overall operation of the City and to make the final determination regarding acceptance of petitions for annexation. The City supports legislation that would reduce boundary adjustment requirements, clarifY fÌ'anchise relationships between trash and garbage haulers, expedite transfer of property tax fÌ'om the County to the City, and provide direction for land use and permitting functions in newly annexed areas. Land Use Dispute Resolution Federal Way also supports practical solutions to private property disputes that address specific concerns of property owners, including regulatory reform if necessary. These solutions should not alter the Constitutional definition of takings, place an undue financial burden on taxpayers, or diminish local governments' ability to protect the public health, safety and welfare of their communities. Forest Permits The Department of Natural Resources is presently authorized to issue Class II and Class III Forest Practice Permits, which allow logging without review by municipal authorities within urbanized areas contained within city limits or designated urban growth boundaries. Class IV permits, however, do require municipal authority review. The past practice of issuing these permits has precluded city governments from providing appropriate controls to deal with the erosion and sedimentation in those permitted areas. As well, the uncontrolled logging of parcels . within an urban area has precluded local government fÌ'om providing regulations to help ensure that the property properly transitions into appropriate urban development. Therefore, Federal Way supports state legislative efforts to require that all Forest Practice Permits issued within the city limits or within the designated urban growth boundary be subject to the same local government review process now provided in the consideration and issuance of Class 6 IV Forest Practice Permits. Alternatively, cities should be allowed to adopt and enforce land clearing, significant tree protection and related issues for Class II and III forest permits. Social and Human Services Support for Human Services Federal Way supports legislative action that will maintain support for human service programs including those which may be delegated to the State ITom the Federal Government. Such legislative action should ensure appropriate local government input into development of block grant dispersal regulations or procedures and into development of any new processes to assist or support low-income, high-need populations. Affordable Housing Federal Way supports efforts to identifY a dedicated funding source for affordable housing which is acceptable to developers, realtors, and state and local government. Collaboration with School Districts Federal Way supports efforts by the state to provide incentives to cities and school districts to work collaboratively in addressing local youth issues. Such collaboration should go beyond historical roles of each local agency. Local Public Health Contractual Funding Federal Way opposes efforts to reestablish contractual funding arrangements for public health services. Boards of Public Health Federal Way supports local government representation on County boards of public health. Youth Issues Funding of Youth Programs Federal Way supports legislation improving funding to local governments for initiating and expanding youth services, especially programs that achieve reductions in youth violence. Child Care Federal Way support budget provisions to enhance the Department of Social and Health Services' (DSHS) ability to enforce its day care licensing requirements, to improve support services for daycare providers, and to ensure the accessibility to child care for all citizens. In addition, the City will carefully monitor legislation clarifYing its role in regulating the siting and operation of daycare facilities. 7 Child Abuse Federal Way supports funding for programs designed to prevent child abuse/neglect. Law and Justice Fundinf! Issues Drug Seizure Funds Federal Way supports efforts to enhance the ease with which cities can apply for and receive drug seizure funds and particularly supports the expansion of the definition of what those funds can be expended upon to include all law enforcement functions. DUI Cost Recovery The City supports continued legislation to strengthen Dill laws. Federal Way also supports legislation to allow recovery of necessary public expenses, including detention costs, which result ITom incidents involving impaired driving convictions. Costs ofIncarceration Federal Way supports legislation that would do away with the current limit of$50 per day that can be assessed as jail costs against a person convicted of a misdemeanor. The city would support legislation that would allow the city to impose a calculated amount representing the city's actual costs of incarcerating the individual. High Crime Law Enforcement Grants Federal Way supports changing the state's criteria for awarding High Crime Law Enforcement Grants. Current grant practices provideyear-to-year grant funding to cities that have 125% of the state average for eight specific crimes, but immediately terminate funding once the crime level drops below the 125% threshold. This practice creates a disincentive for innovative policing and punishes successful police departments. Funding decisions should instead be based upon a city's policing strategies and its crime rate over a longer period of time, such as five years. LiQuor Control and Adult Entertainment (*) Liquor Licenses Federal Way strongly supports any efforts to make the commercial liquor license application process more accessible to the public. A public hearing process would improve access by the community and would encourage greater input and comment ITom all interested parties. In addition, liquor license applications should be make available for public inspection and subsequent written comment at the local level. Applicant would need to place a public notice in paper advertising the license and the availability of application materials. 8 (*) Liquor Control Board The state should conduct a performance evaluation/audit of the liquor control board as it relates to its mission of regulating liquor for the sake of our state's communities. The Legislature should restructure/reaffirm Liquor Control Board as mandated by audit. Adult Entertainment The City supports model ordinance legislation for adult entertainment consistent with the provisions ofFederai Way's adult entertainment ordinance which have been sustained through numerous court appeals. (*) Adult Retail Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult retail establishments on their communities by adopting strict requirements for location and hours of operation. Secondary impacts have been documented by a number of studies and include increased criminal value, diminished neighborhood character, and downward pressure on property values. Law Enforcement Issues Local Law Enforcement Authority Federal Way opposes legislation and/or other efforts to remove the authority ofmunicipalities to provide local law enforcement services, including special services, regardless of the potential for service contracting. The City also opposes actions or legislation which would transfer incarceration responsibilities from the state or county to municipalities without additional funding. Police Officer Jurisdiction As a part of the state's certification of police officers, make officers able to enforce the state's laws anywhere in the state. This would reduce the liability for cities with officers who assist with incidents outside the city's borders. As it stands now, jurisdictions must exchange letters giving consent to officers to enforce law outside of their jurisdictions. Radar Testimony Current state law requires law enforcement agencies and prosecutors to utilize the testimony of expert witnesses, when the defense specifically requests said witness, to introduce the speed readings of radar detection devices. The National Highway Traffic Safety Administration has established minimum performance specifications for speed measuring devices that create reliability sufficient to justify their acceptance. Many traffic infractions were decriminalized to create a uniform and expeditious system for adjudication, yet these expert testimony requirements have cost the City thousands of dollars each year, and causes unnecessary dismissals and delays. Federal Way supports legislation allowing for the admission in court of the readings of speed 9 measuring devices without the need for additional expert testimony if the device satisfies specific requirements established by the Legislature. Federal Way would also support alternative legislation which would allow the City to impose the cost of witness fees in cases where the inftaction is found to have been committed. Juvenile Issues Parental Accountability Federal Way supports legislation which makes parents more accountable for their juvenile offender children. Disposition Standards for Juvenile Offenders Federal Way supports legislation revising the current juvenile disposition standards to provide stronger sanctions for chronic, misdemeanor behavior for juvenile offenders and to pennit the court greater discretion to impose detention or some form of secure treatment in cases of juvenile offenders who have prior criminal history. Emergency Communications Federal Way opposes the creation of a E-311 non-emergency communications system. Rather, efforts should be made to further educate the community about the use of the existing E-911 system and existing 7-digit non-emergency lines. Empty Chair Defense Federal Way supports legislative action related to tort reform to clarify that the defendant should not be required to mandatorily join all potential "at fault" entities into litigation, or have to risk losing the ability to apportion fault to the third party(s). Any move to the contrary would inappropriately shift the burden of proof ftom the plaintiff to the defendant in proving fault. Transportation. Parks. and Infrastructure Transportation Issues Transportation Funding Reform Federal Way supports continued reform of state funding for transportation to include a broad range of funding solutions able to address traffic congestion, growth and High Capacity Transit alternatives. Such reform should seek funding sources, which will be dedicated to major local transportation projects, keep up with inflation, and will provide the city with local option revenue authority for the expansion, maintenance and operation oflocal transportation systems. 10 Public Works Project Definition The City supports defining small public works projects as those costing less than $100,000 and exempting such projects ITom the state's Public Works Projects definition. The current definition of small public works projects is easily confused and is applied inconsistently across different local jurisdictions. Transportation Improvement Plan Federal Way encourages efforts to secure State support for City priority transportation projects as outlined in the City's 1999-2004 Transportation Improvement Plan (Attached). Water Resources Water Resource Management Addressing water resource management issues will require increased intergovernmental coordination among local and regional governments and the state. Federal Way supports continued state financial assistance for water supply, wastewater management, groundwater protection, and storm and surface water facilities and programs. These programs are especially important in complying with state and federal water quality standards (NPDES, National Pollution Discharge Elimination System). The City also supports retention of the authority oflocal water districts to manage their assets, participating in regional planning as appropriate, to provide and protect for the current and future water needs of their customers. Flood Damage Reduction Federal Way contains a number offlood prone areas, both developed and undeveloped which require specialized planning. Recent proposed flood damage reduction legislation was flawed, partially due to the fact that is was based on an overall floodway approach, which does not consider all flood prone areas in the state. The City supports comprehensive flood damage prevention planning accomplished at the local level as a partnership among impacted cities, the county, state and affected area interests. Each flood prone area is unique and should be planned for accordingly. Locally developed and adopted flood damage protection plans must seek to establish a balance between the need for appropriately designed growth and the need to reduce further flood damage. (*) Salmon Issues State initiatives related to salmon habitats should contain local components that recognize the vast diversity of conditions across the state. In addition, all state initiatives and processes related to salmon should include meaningful input ITom local government. Parks and Open Space Federal Way encourages efforts to secure State support for City priority parks and open space projects as outlined in the City's Comprehensive Park, Recreation and Open Space Plan. This II support could include legislation which would exempt public park and public cultural arts facility construction fTom state and local option sales taxes. Utility Facility Relocation Federal Way supports efforts to affirm the duty of private utilities to include bearing the cost of relocating their facilities within city rights-of-way when requested by a city. Funding of countywide recycling programs Federal Way opposes efforts to fund countywide solid waste by allowing counties to collect a fee directly fTom customers of city fTanchisers. Cities are the appropriate collectors of these fees through city-negotiated solid waste fTanchise agreements. Ener~ and Telecommunications (*) Telecommunications Federal Way continues to strongly oppose legislation which would preempt local authority over such items as pole attachments, cellular tower siting, cable refTanchising, and telecommunications charges. Federal Way supports legislation that protects the right ofloeal government to assess fTanchise and other fees, to negotiate fTanchise agreements, and exercise other controls on the operation of telecommunication business in the public rights of way. Electric Industry Regulation Federal Way supports energy utility regulation based on the following principles: a) Local governments should retain the authority to manage industry facilities within the public right of way and the authority to tax the utility providers, b) Electricity service should be available to customers at prices that are reasonable and affordable, c) A non-economic bypass and the inappropriate shifting of costs of the electric system between or among customers do not constitute fair and efficient competition. Customers of continuing monopoly service should benefit, at least, not be harmed, fTom choices made by customers with access to competitive options, d) The long-term safety, integrity, reliability and quality of the bulk electric system and retail electricity service should not be jeopardized, e) Consumers should be afforded a broad range of choice in electricity service and pricing options, f) Development of competitive electricity markets should not undermine environmental protection, energy efficiency, resource diversity and technological innovation, and g) the public should maintain a voice in the industry's regulatory process and the interests of customers should continue to be balanced with the opportunity for shareholders to earn fair returns. Tax Collections by Out-or-State Providers State law should require out-of-state electricity providers to collect state and local utility taxes on services provided to customers within the State of Washington. 12 ... MJ!::.)!;.!.~~ Q.. J?A.!.)!;.:.....!?~.P.t~~.\).e.~ ..1..~.'...1.22~......................................!.!.)!;~~..........5Z2i: '-iJ..................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ....~.Y. ~ .J.~. Ç.!. ; .............} ~ ~ ~..ç.~ ~ 9... ç Q N !!N Q ~ N. ç'y..?, ~ A. N................................... ........................ .................. CATEGORY: BUDGET IMPACT: None - CONSENT - ORDINANCE l BUSINESS - HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ........................................................... ATTACHMENTS: I) Memo to the City Council regarding the 1999 CDBG Contingency Plan; 2) 1999 Funding Estimates and Contingency Plan with proposed revisions; 3) 1999 CDBG Funding Plan. ....................................................................................................................................................................................................... ............................................"""""""" SUMMARYIBACKGROUND: On September 1,1998, the City Council took action on the 1999 Community Development Block Grant funding for the Public Service, Capital, and Planning and Administration projects. In addition to the funding recommendations, the City is required to submit a Contingency Plan. The current funding recommendations for $651,596 are based on an estimate from the Department of Housing and Urban Development (HUD). The CDBG allocation amounts will be finalized when the federal budget is adopted in late 1998 or early 1999. The purpose of the Contingency Plan is to identify the changes the City would make to the 1999 CDBG funding recommendations, should the final 1999 allocation from HUD be less or greater than the current estimates. The Council Committee reviewed the original Contingency Plan recommended by the Human Services Commission and forwarded the Plan to the full City Council for approval, during the review of the CDBG recommendations. However, the full City Council did not take action on the Contingency Plan. In addition, changes need to be made to the Contingency Plan to reflect changes that have been made since the Plan was developed. The City is required to submit the Contingency Plan to the King County CDBG Consortium by October I, along with the 1999 CDBG Funding Plan and related materials. .................................................... ............................................................................................ ................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: The Council Committee will review the revised .. ç ().Il~il1.!I~I1.c.Y...I.'.IIJ:I1. .~t..~.~~.i~.~ ~p.t.~':'l'?~~..1.~.,..1.~.~.~..TI1.~~~il1.g.:...... ........... .............. ................................................................ .......................... ........... CITY MANAGER RECOMMENDATION: AH"""' 1/lk/,(i {"~ "....~" ,t. O""~ o,,{.-..[-,..' .............................................................................................................................................................."..L~dA:iì...(.1I,i...................... ................... APPROVED FOR INCLUSION IN COUNCIL PACKET: t;W (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLED /DEFERRED /NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # (206) 661-4000 FEDERAL WAY. WA 98003-6210 MEMORANDUM DATE: TO: FROM: SUBJECT: September 8, 1998 Mayor and City Council Ann Guenther, Human Services Manager ¡t!:J 1999 Community Development Block Grant Funding, Contingency Plan BackQround On September 1, 1998, the City Council took action on the 1999 Community Development Block Grant funding for the Public Service, Capital, and Planning and Administration projects. In addition to the funding recommendations, the City is required to submit a Contingency Plan. The current funding recommendations for $651 ,596 are based on an estimate from the Department of Housing and Urban Development (HUD). The CDBG allocation amounts will be finalized when the federal budget is adopted in late 1998 or early 1999. The purpose of the Contingency Plan is to identify the changes the City would make to the 1999 CDBG funding recommendations, should the final 1999 allocation from HUD be less or greater than the current estimates. The Parks, Recreation, Public Safety and Human Services (PRPSHS) Council Committee reviewed the Contingency Plan recommended by the Human Services Commission and forwarded the Plan to the full City Council for approval, during the review of the CDBG recommendations. However, the full City Council did not take action on the Contingency Plan. In addition, changes need to be made to the Contingency Plan to reflect changes that have been made since the Plan was developed. The PRPSHS Committee will review the revised Contingency Plan at their September 14 meeting. Council Action Needed The City is required to submit the Contingency Plan to the King County CDBG Consortium by October 1, 1998, with the 1999 CDBG funding pian and related materials. In order to meet this deadline, Council action is required in the following areas: 1) Provide direction on how to spend additional capital project funds should they become available, since that portion of the Plan is now outdated; 2) Approve the Plan for submittal to the King County Consortium. ChanQes Needed to the Plan In the section that describes how additional funds would be allocated to capital projects, the original plan stated that additional funds would be allocated to the Habitat for Humanity of South King County project up to the requested level, and to the Mental Health Housing Foundation up to the requested level. Since the Plan was developed by the Human Services Commission, the City received additional capital funds, which were allocated to these projects. The Habitat for Humanity of South King County project has been funded to the requested level of $40,000. The Mental Health Housing Foundation recently reduced their request level from $125,000 to $40,000, and the Foundation was funded at $40,000. Since these projects have both been funded at the requested level, the Contingency Plan now provides no direction for where additional funds should be allocated. Staff recommends dividing any additional funds equally among the three projects that are now partially funded, up to the request level. These projects are outlined below. Capital Proiect Request Recommendation Balance Greater Federal Way Chamber of Commerce $225,000 $99,283 $125,717 Ruth Dykeman Children's Center $ 25,000 $ 5,000 $ 20,000 Valley Cities Counseling & Consultation $ 75.000 $ 10.000 $ 65.000 Total $325,000 $114,283 $210,717 The Contingency Plan is attached, with the changes recommended by staff noted. The strikeout sections are the recommended deletions and the double underlined portions are the recommended additions to the Plan. I will be at your September 15 meeting to present the Contingency Plan and answer any questions you have about the plan. If you have any questions before that meeting, please call me at (253) 661-4039. CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1999 FUNDING ESTIMATES Maximum amount available for Capital projects $494,925 Maximum amount available for Public Services projects $ 83,538 Maximum amount available for Planning and Administration $ 73,133 TOTAL ESTIMATED CDBG FUNDS AVAILABLE $651,596 CONTINGENCY PLAN The Human Services Commission recommends the following options if cuts are needed: 2. I. Any additional funds left in each category will be cut first. For Public Services, cuts will be made proportionately to the City of Federal Way CARB.S. Program and the City of Federal Way, Domestic Violence Victim Advocate program. No cut will be made to the Community Health Centers of King County, Federal Way Dental Access program. 3. For Capital projects, any cuts will be made to each project according to the proportionate share of the capital funding allocation. 4. For Planning and Administration, any cuts will be made to the following projects according to the proportionate share of the Planning and Administration funding allocation: Outcomes technical assistance to agencies and InternlHuman Services Plan. The Human Services Commission recommends the following options if additional funds are available: I. For Public Services, any additional funds will be added to the City of Federal Way CA.R.E.S. Program up to the requested level. If additional funds remain, the following program will receive those funds: Community Health Centers of King County, Federal Way Dental Access program. 2. For Capital Projects, any additional funds will be allocated ~ to the following projects up to the requested level: ;n tl,;, fhiv,;t;LGd vldGL IIð:b;t"t [OJ IIuulð:u;ty of Svuth K;u5 Cötluty "ud M"ut"llk"lth IIvu,;,15 [vuudat;vu, CvudO",;Ü;tI¡u5. !':ir¥~~ Wav Cha~Q[CQmm,,~ßuth Dykeman Childr~n's ç'èpter. yallev.,Cities Couns'èling and CopsultatiOlL In the event that funds are allocated to Capital projects contingent upon securing other funds and those other funds are not secure, these dollars will be allocated ~ to the following project up to the requested level: ?'k"t.d I!GAlt!, IIu,,!;Il~ r uu"dAt1óÜ, Condo",;";u,,,!. Greater Federal Wav Chamber of Commerce Ruth Dvkeman Children's Center Vallev Cities Counsel in!! and Consultation. 3. For Planning and Administration, any additional funds made available will be allocated to Project REACH up to $10,000. If additional funds remain, these funds will be rolled over into the Capital projects category. 4. In the event that 1998 CDBG funds are recaptured after the 1999 CDBG funding process is complete, specifically funds allocated to Outreach Alive, those funds will be rolled over into the Capital projects category and allocated according to the contingency plan for those projects. 1999 CDBG Funding Plan Applicant Project Type Program Activity 1999 CDBG 1999 CDBG CDBG Strategy Addressed Request Level Rationale PUBLIC SERVICE City of Federal Way Public Services c.A.R.E.s. Program Child care subsidies $50,000 $49,290 #3 Addresses human services Parks Dept. Fund at lower level needs. Lower level due to limited funds available. City of Federal Way Public Service Domestic Violence Personnel costs $33,700 $21,648 #3 Addresses human services and Law Dept. Victim Advocate Fund at lower level public safety needs. Lower level due to limited funds available. Community Health Public Service Federal Way Dental Personnel costs $12,600 $12,600 #3 Addresses human services basic Centers of King County Access Fund needs priority. Creates increased service to Federal Way residents. School-in-Lieu Public Services Services to Suspended Operating costs $60,480 $0 #3 Ineligible. Does not meet Students Ineligible CDBG national objectives. TOTALS PUBLIC SERVICE ;. 'j;~ $156,780 $83,538 >- ""', .~~iii,'i. ,',,"i ,,". ,i", ;i';,i I .,i, "j', .,. CAPITAL PROJECTS Federal Way Boys and Capital Front Entrance Facility rehabilitation $35,000 $34,742 #2 Addresses strategy regarding Girls Club Fund at lower level community facilities improvement. Lower level due to limited funds. Greater Federal Way Capital Construction and Revitalization $225,000 $99,283 #2 Prioritize and fund projects that Chamber of Commerce Revitalization activities within a Fund at lower level strengthen the City's inlTastructure specified and stimulate economic neighborhood development. Habitat for Humanity of Capital Housing for Low-Income InlTastructure and $40,000 $40,000 #1 Develop a range of housing South King County Families development of Fund opportunities to accommodate affordable housing projected growth in low- and moderate-income households. Attract private and not-for-profit investment into affordable housing. King County Housing Capital Southridge House Facility rehabilitation $83,400 $83,400 # I Develop a range of housing Authority to include health and Fund opportunities. Preserve existing safety upgrades housing stock. Addresses needs of seUlors. Appr ,d by City Council on 9/1/98. Applic Project Type Program Þ ty 1999 CDBG 1999 CDBG CDBG StratI ddressed Request Level Rati"h.,e King County Housing Capital Housing rehabilitation $]40,000 $]40,000 #1 Develop a range of housing Rehabilitation Program Fund opportunities. Preserve existing housing stock. Mental Hea:th Housing Capital Condominiums Acquisition $-lli-;OO6 $40,000 #1 Develop a range of housing Foundation Reduced /0 Fund opportunities to accommodate $40,000 projected growth in low- and moderate-income households. Create housing for special needs group. Parkview Group Homes Capital Housing for Acquisition $22,500 $22,500 #1 Develop a range of housing Developmentally Fund opportunities. Anract private and Disabled Adults non-profit investment into affordable housing. Ruth Dykeman Capital Children's Residential Construction costs for $25,000 $5,000 #3 Address human service needs. Children's Center Treatment Program new residential Fund at lower level Provide effective solutions that treatment facility positively impact the young people in Federal Way. Sean Ie Habitat for Capital Kenwood Pit Acquisition and $263,850 $0 #1 Denied due!o unclear project Humanity inftastructure costs Do Not Fund scope/roles; amount of request; associated with and lower priority in comparison to affordable housing other applications. South King County Capital Victorian Place II Housing rehabilitation $20,000 $20,000 #1 Develop a range ofhousing Multi-Service Center Fund opportunities. Preserve existing housing stock. Valley Cities Cou""eling Capital Supportive Housing for Acquisiti6lrond $75,000 $10,000 #1 Develop a range of housing and Consultation' Young Adults rehabilitation Fund at lower level opportunities. Support local and regional transitional housing service providers. TOTALS CAPITAL êi ,'...... .ê.......... 51,11$4,750 $494,925 .' . )~ê:~. CDBG Administration Planning and Program $74,071 $73,133 #3 Addresses strategy regarding Administration administration, Fund program administration and technical assistance planning activities. and training. GRAND TOTAL 51,285,601 5651,596 '.'.'î * As part of their recommendation, the Commission stipulated that this project must receive funding from one of the following sources in order to receive City funding -- Washington State Department of Commerce, Trade and Economic Development, King County Housing Opportunity Funds or King County Challenge Grant Funds. MEETING DATE: September 15th, 1998 ITEM# J;jL-/ . ~..£' ) m no..,'..m no.. no". '..m mm, no...... no....m.. m......m.... nom ..,m .." no ,..m........ m.... m,.......... mm,mmm... m, m.... m "'00 "'..,m..mm ..m.... ---00 ----0000-- -- --n nomnn CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: PaYilions Centre Access on South 312th Street ...............mmnn...............nmnnm..'..n............m,m'................m.nnnm..................nnm--n.n..n..................nn--m--n..m.........mnnn...........--mmm..m.... CATEGORY: BUDGET IMPACT: CONSENT _ORDINANCE _X_BUSINESS _HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ nn"'...................nmnmmnn..n..m..................nmmmnnnnn..................mnnmm_nnnn........................m,mnnmnmnm..n..............mmnnmn.n..........m. ATTACHMENTS: Memorandum to the August 17th, 1998 meeting of the Land Use and Transportation Committee ",,'mmnnnmmm .n... """""""""""""","nnnn mmn""""""""""""',,",mnmmmmnnn........................., ...... nnmnnm,mmmm nn"""""",,'--mnnm.nn.... SUMMARY/BACKGROUND: Prior to the construction of Pavilion Centre Phase I, the Traffic Division of the Public Works Department expressed concern about the location of the driveway access onto South 312th Street. In the first nine months of operation of Pavilions Centre, there have been 14 collisions reported at that location. To address this concern, staff had proposed the installation of Type C curb to reduce the potential for collisions. The prior owners of Pavilions Centre were extremely concerned about the potential impact of such an action, and requested some time to investigate other possible solutions, which staff granted. The owners hired Gibson Traffic Consultants to provide other alternatives to reduce the collisions. Please see the attached memorandum for a description of the causation of collisions and the alternatives proposed. After discussing these alternatives with the property owners, it was determined that by the addition of an eastbound right-turn lane at the intersection of South 312th Street and Pacific Highways South, in combination with reconfiguration of the lane geometry and signal phasing, would most effectively reduce the queue lengths to not block the driveway, However, no consideration was given at the time to any potential increase in background traffic and its effects on queue lengths. The cost of the right-turn lane was estimated at $330,000.00 which would include approximately $50,000.00 for design and signal, signing, and channelization modifications that staff had agreed to provide. Please see the attached memorandum for details of the negotiations with the property owners. m nom nm nom nom,mnmn m nnmn n nnmmm nnm m nn, ..nn--.. nm. ........n..mn nn noon no..m nm nom .mnnn nmmnmn nn, n nnnn nnn nn'...... m..m nomn nm mmmn ....................................................................................................................................................................................................... ................................ Negotiations with the new owners of Pavilions Centre as well as representatives from the previous ownership have resulted in an impasse with respect to the roles and responsibilities of the various parties for implementation of the previously outlined alternative. Therefore, staff sought direction from the Land Use and Transportation Committee and now seeks direction from the City Council on the four alternatives there appears to be: 1. Have the City construct the right-turn lane and relocate the Albertson's driveway at an estimated cost of $350,000.00, although no source of funds had been identified. Have the City share in the cost of construction of these improvements with the property owners at some percentage. Require the owners to construct these improvements. Have the City construct Type C curb to restrict left turns at the driveways between 14th Avenue S and Pacific Highway South, at an estimated cost of $10,000.00, to be funded from the Traffic Division's operational budget. 2. 3. 4. It should be noted that staff believes that only Alternative 4 would assure that the safety issue would remain resolved. ....................................................................................................................................................................................................... ................................ CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 17, 1998 meeting, the Land Use and Transportation Committee recommended implementation of Alternative 4, which directs staff to install Type C curb to restrict left turns at driveways between 14th Avenue South and Pacific Highway South, with funding from the Public Works Traffic Division operational budget, and forward this recommendation to the full Council for consideration at its September 15, 1998 meeting. ..............................................................................................................."""""""""""""""""""""""""""""""""""""r......",................................... CITY MANAGER RECOMMENDATION: Htf--r Ù~cc....tt.Ü ,-<~c.-""-o.c~ C~) "'APPROVED"FOR "iNcLusioN" ïN"ëOUNCïL"PA C'KE;r;"'" "'?í]?JJ~. h~:~....................... ........... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: K: ICOUNCIL \AGDBILLS\ I 998\3 I 2ACCES. CC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # APPROVED DENŒD - T ABLEDIDEFERRED/NO ACTION DATE: TO: August 13, 1998 Phil Watkins, Chair Land Use and Transportation Committee Cary M. Roe, Public Works Director cz.. ""'-s. Richard A. Perez, Traffic Engineer .{ FROM: SUBJECT: Pavilions Centre Access on So 312th.Street Baclœround As early as January 19, 1997 prior to the construction of Pavilion Centre Phase I, the Traffic Division of the Public Works Department expressed concern about the location of the driveway access onto S 312th Street. At that time, it was suggested that if the crash rate experience were unacceptable, the City would consider restricting access at this location to right-inIright-out. In the first nine months of operation of Pavilions Centre, there have been 14 incidents reported at that location. ( The City has successfully reduced crash rate experience at driveways and intersections in several locations within the City, with minimal impact to adjacent businesses, through the use of Type C curb to restrict left turns. When the high crash rate at this particular location came to our attention, we considered this type of treatment as a simple, cost-effective solution. Rather than act unilaterally and understanding that adjacent property owners may have concerns about such an action, we contacted the existing owners and asked for their input. The prior owners of Pavilions Centre were extremely concerned about the potential impact of such an action, and requested some time to investigate other possible solutions, which staff granted. A month later, the City received a traffic analysis prepared by Gibson Traffic Consultants that identified various alternatives to reduce the collision rate at this location. It documented two principal causes of the inordinate number of collisions occurring at this location: 1. The left-turn movements at the midblock driveways are made through standing queues from the intersection at Pacific Highway S in at least one eastbound lane. If a driver in one lane stops, left-turning drivers may collide with vehicles in the other eastbound lane that are not aware of, and therefore do not stop for, the left-turning vehicles. 2. Due to the extensive queues at Pacific Highway S, eastbound traffic turning left at Pacific Highway S may enter the two-way left-turn lane prematurely, and collide with left- turning vehicles entering the street from the driveways. The alternatives presented in the study focused on methods to reduce the extent of queuing across the driveways and preventing the use of the two-way left-turn lane for an extended length of street (Note that the legal limit of using a two-way left-turn lane is 300 feet). 3. 4. of which are currently located near S 312th Street in Pavilions Centre. In addition, the City has received a petition with over 170 signatures claiming that even though they shop at Pavilions Centre, they want the access restricted at this driveway to improve safety on S 312th Street. 2. .. Pavilions Centre has already paid its fair share of infrastructure improvements and it is unfair to mLIIœ us pay more in order to preserve our access. " It is acknowledged that constroction of Pavilions Centre involved substantial improvements to the City's infrastrocture. However, nothing less would have been "required of anyone else. Furthennore, construction of.the right-turn lane was the recommendation of the previous owners' consultant as an alternative to Staffs proposal to improve safety at this location by installing Type C curb at a cost of less than $10,000. 3. "The growth in traffic in the future is in large part the result of Wal-Mart, so the queuing impacts should be mitigated by Wal-Mart. n The conditions placed on the development ofWal-Mart were consistent with those placed on Pavilions Centre. Also, since war-Mart did not create the problem, the City cannot require them to fIX the problem. Staff did not require analysis of queu~ng conditions with either Wal-Mart or Pavilions Centre, although queue length analysis is now a requirement for all transportation impact analyses conducted in the City. 4. 'The City, as a partner in solving the problem, should exempt this project from the requirement to underground utilities in order to reduce costs. " All street improvements in Federal Way, whether privately or publicly funded, are required to be constructed under the same design standards, regulations, and codes. Recommendation As negotiations have reached an impasse, staff is seeking direction from the Land Use and Transportation Committee and ultimately the City Council. There appears to be four alternatives: Have the City constroct the right-turn lane and relocate the Albertson's driveway at an estimated cost of $350,000, although no source of funds had been identified. Have the City share in the cost of constroction of these improvements with the property owners at some percentage. Require the owners to construct these improvements. Have the City construct Type C curb to restrict left turns at the driveways between 14'" Avenue S and Pacific Highway S, at an estimated cost of $10,000, to be funded from the Traffic Division's operational budget. It should be noted that staff believes that only Alternative 4 would assure thaÙhe safety issue would remain resolved. 1. 2. Attachments As part of previous discussions with past and current property owners, Public Works staff agreed to submit a draft of this memorandum for their review and comment. Please find attached correspondence received from QFC and Alexander Haagen Properties reflecting their comments concerning this issue. CMRJRAI'Ojg 0'" I'mj",!'ile "'y rile K:ITRAFFICIACCMGMT\312ACCES. WPD ....... ,. ÌiÌ 425 46<! ¿14" Uölll/'iö lU:¿f U' ;Ut:.JU:> I~U;OUO ~ QFc QualIty Food Centers August 10, 1998 Mr. Cary Roc Public Works Director City of Federal Way 33530 First Way South Federal Way, WA 98003 Rc: Pavilions Centre Access to S. 312111 Street Dear Mr. Roe: Thank you for providing the c:opies of your August 3, 1998 letter to Peter Jouflas, and your August 10. 1998 draft mem~um to Phil Watkinsofthc Land Use and Transportation Committee. For your records, please revise the fax number for QFC to 425.462.2142 so that we receive any critical correspondence without dclay. This letter is in response to the draft memorandum. Our comments or correc:tìons arc as follows: I. Under item 1 on page 2 in your response to the suggestion that "Economic impacts would be severe" you state that the list of the type of businesses shown to be negatively impacted arc "c:onvenicncc stores", and that none".. . are currently located near S. 312'10 Street in Pavilions Centrc". Usc of the teon "convenience store" in this c:ontex:t is confusing and potentially misleading as there may be some specific definition that is applied to that term by the City ofFederai Way for land use or building code purposes. To avoid any semantic misunderstanding by any committee members who may read your response, it must be clearly pointed out that all conventional grocery stores and supennarkets are considered to be extremely "convcnience" dependent by our customers, and are actually classified as "convenience" stores by numerous industry professional organizations to distinguish them from "comparison goods" or "destination" type retail tenants. We strongly believe that to indicate that Pavilions Centre does not contain "convenience stores" is misleading and should be clarified so committee members fully understand the economic impacts created when "convenience" is diminished by impeding direct and "convenient" access to such stores. 08/11/98 TIlE 10: 25 [TX/RX NO 5358 J ~~qJ~ ð~ g'J~, LP? 3'300 SEPULVEDA BOULEVARD BOA 10010 "_M'~. "~CM.C""'O..,.QOZGG . 3'0IS4~5Z0' F.."'CW45-S455 ~. August 12, 1998 Cary M. Roe Public Works Director City of Federal Way 33530 I.WaySoulh Federal Way, WA 98003-6210 'Re: Pavilions Centre> Access to S. 312<10 Slreet Dear Mr. Roe: We are in reccipt OfyOUT letter to Peter Jouflas of August 3. 1998. Please be aware that we belicve the obligation for remedying the turn laneldrive>way issue lie>s with the City andlor prior owners. Also be aware that we are in full agreement with swemrots made by Len Psyk of QFC, in his le>tter to you date>d August 10, 1998. As such, we request thaI Mr. Psyks' and our eonune>nts be incorporated in your [mal report to the Land Use and TT1!I1spartation Committee. As the> new owner of the shopping center, we certainly would like thc oeC\lI1itlce oflraffic accidents to be minimized, especially in front of our property. To the> extent the City and prior owners require non-monetary assistancc, pIcasc feel free to contaCt us. ¡fyou have any questions concerning the foregoing, please feel free to contact the undersigned. Co: Peter Jouflas 08/12198 WED 18:12 [TX/RX NO 5407 I CITY OF FEDERAL WAY MIE M 0 JRAND UM TO: Councilmembers Youth Commissioners FROM: Chris Green, City Clerk C) DATE: September 10, 1998 SUBJECT: Youth Commission Interviews Attached are 12 applications for your review; you will be considering the appointment of 8 commissioners and 2 (or more) alternates to the Youth Commission. Interviews are scheduled for TueslÙlY. Sl:J)tember 15. starting at 4:30 p.m.. in Council Chambers. I will arrange for dinner to be served prior to the regular meeting. I have also attached copies of sample interview questions, a current commission roster and section of the applicable city code. There will be 4 commissioners present to assist the interview panel. In order to make it an efficient panel, Council member Dovey has requested there be one alternating commissioner per interviewee at the table during each interview. The commissioners planning to attend are Ryan Mansfield, Sue Park, Kevin Jones and Jennifer Graves. The interviews are scheduled as follows: 4:30 p.m. 4:40 p.m. 4:50 p.m. 5:00 p.m. 5:10 p.m. 5:20 p.m. 5:30 p.m. 5.48....~. 5:50 p.m. 6:00 p.m. 6:10 p.m. 6:20 p.m. Lee Murphy Harumi LaDuke Jennie Roloff Ebony Taylor-Walker ;:i~::~;B~~ - ahf-- ~ (01) Benedict Palisoc - "J.;f- ~ & .) é1~_U":1i Yi Paul Vronsky Lisa Kwak Mailinh Vu - aJ.:;f- ~ (í) r///ý-" yÆJ Argia Beristain ¡9 Æ. - G / r1 H,4¡¿ -~ M €. KeMo<b Ny""", City M~", l'IillIp"'ig""'y.Ð<putyCityM,œ", K"" """. ...~.ti= M.œ", M.tyJKoiolœ.Adntin...., b G\¡~ LEGISLATIVE AGENDA - POSSIBLE CITY COUNCIL MOTIONS Based upon Jack Dovey's Comments in Committee: Sales Tax ExemDtion for Parks and Cultural Arts Facilities Construction. Dal!e 2. -It- I MOVE THAT THE SECOND SENTENCE IN THE STATEMENT ON SALES TAX EXEMPTION FOR PARKS AND CULTURAL ARTS FACILITIES, APPEARING ON PAGE 2 OF THE POSITION PAPER, BE AMENDED TO READ, "FEDERAL WAY SUPPORTS EXTENDING TillS EXEMPTION TO ALL CAPITAL IMPROVEMENT PROJECTS." Based upon Phil Watkins' Comments in Committee: AssumDtion of SDecial Puroose Districts. Dal!e 4. I MOVE THAT THE STATEMENT ON THE ASSUMPTION OF SPECIAL PURPOSE DISTRICTS, APPEARING ON PAGE 4 OF THE POSITION PAPER AND PAGE 1 OF THE LEGISLATIVE AGENDA, BE AMENDED TO REPLACE THE REFERENCE TO THE GROWTH MANAGEMENT ACT WITH A REFERENCE TO COUNTYWIDE PLANNING POLICIES, AND FURTHER MOVE THAT THE 8T A TEMENT REGARDING OPPOSITION TO LEGISLATION DlMINISHING THE AUTHORITY OF CITIES BE REMOVED. Growth Manal!ement Act. Dal!e 5. I MOVE THAT THE FIRST TWO SENTENCES IN THE STATEMENT ON THE GROWTH MANAGEMENT ACT, APPEARINGONP AGE 5 IN THE POSITIONP APER, BE AMENDED TO READ, "THE GROWTH MANAGEMENT ACT CREATES CHALLENGES FOR THE STATE, COUNTIES,AND CITIES." "7 Boundary Review Boards. Dal!e 5. I MOVE THA TTHE STATEMENT ON BOUNDARY REVIEW BOARDS, APPEARING ON PAGE 5 OF THE POSITION P APERAND PAGE 1 OF THE LEGISLATIVE AGENDA, BE AMENDED TO DELETE THE LAST SENTENCE, WHICH REFERS TO BOUNDARY REVIEW BOARDS BOWING TO POLITICAL PRESSURE AND CONTRADlCTING SPECIFIC GMA PROVISIONS AND VALVES. Technical Amendments to ComDrehensive Plans. Dal!e 6. I MOVE THAT THE STATEMENT ON TECHNICAL AMENDMENTS TO COMPREHENSIVE PLANS, APPEARING ON PAGE 6 OF THE POSITION PAPER, BE AMENDED TO READ, "FEDERAL WAY SUPPORTS A THOROUGH LEGISLATIVE ANALYSIS OF WHETHER TECHNICAL AMENDMENTS TO COMPREHENSIVE PLANS SHOULD BE ALLOWED MORE FREQUENTLY THAN ONCE PER YEAR" t Child Care. Dal!e 7. I MOVE THAT THE STATEMENT ON CHILD CARE, APPEARING ON PAGE 7 OF THE POSITION PAPER, BE AMENDED TO READ, "FEDERAL WAY SUPPORTS AN ENHANCEMENT OF THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES' (DSHS) ABILITY TO ENFORCE ITS DAY CARE LICENSING REQUIREMENTS, TO IMPROVE SUPPORT SERVICES FOR DA YCARE PROVIDERS, AND TO ENSURE THE ACCESSIBILITY TO CHILD CARE FOR ALL CITIZENS." MEETING DATE: September 15,1998 ITEM# ~ -ivf1;r/d m..............................................................C..E)...................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT:....... .<;.().111.111.~~ ~~ ..().II.. J?~.I1!~..~.~~.v.i.~~.. ~lt~~1I1l ~i,:,e.s.! ~.~..~~~i() ':1.IlI...E..x..P.. ~~.ss.. .IJ.~~..~~':".".~~~.. CATEGORY: BUDGET IMPACT: _CONSENT _ORDINANCE _2C BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ................................................................ ........................ ............................... ATTACHMENTS: Draft letter to RTA .............................................................................. ............................... SUMMARYIBACKGROUND: The Sound Move Initiative, approved by the region's voters in 1996, provides a system of regional express transit service consisting of light rail, commuter rail, and express bus service and related infrastructure improvements. The Regional Transit Authority is seeking public comments on the draft Express Bus Service routes. Federal Way would be served by two express bus routes: Route J, serving Federal Way, Auburn, Kent, Renton, and Bellevue; and Route N, serving Tacoma, Federal Way, Star Lake, Des Moines, SeaTac, and Seattle. None of the alternatives presented for Route J meet the expectations created for this route as adopted by the RTA Board in the System Plan. This judgement is based on the stated expectation of a 64-minute trip from end to end and service during all operating hours of the service with no transfers. These concerns have been discussed on the staff level as well as by the City Council's representative, Jeanne Burbidge, at the South County Area Transportation Board. ........................... ............................................................. ......................................................................... ................................ RECOMMENDATION: Staff recommends that the Council approve the attached draft letter to be sent to the Board and Staff ofRTA to express our concerns and recommending a modified alternative that would meet the criteria adopted ...~x.~~..~:r.~.13.1J.1It.~..~<.>~..~e..~()1l.~.:~J>e.~()~1IIl~e.:.................................................................................. .................................................: ... CITY COUNCIL COMMITTEE RECOMMENDATION: Due to the limited time available to provide ...~IJ.II:':IIl.e.Il~,~~~.i.te.~.ï.s..~.e.i11.$..~~()Il.~tßi!e.~.tly"~..ç()Il.'1.~il.~y"ç()1I1l~~I~~~~e.~gllt~.s:............... """""""""""""""""""""'" CITY MANAGER RECOMMENDATION: ......................... .......................... ................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLED/DEFERREDINO ACTION k:\councillagdbills\1998\rtabus I.cc COUNCIL BILL # Ist Reading Enactment Reading ORDINANCE # RESOLUTION # September 15, 1998 DR4Fr Staff and Board Regional Puget Sound Regional Transit Authority lloo Second Avenue, Suite 500 Seattle, Washington 98101-3423 Subject: Comments on Draft Service Alternative for Regional Express Bus Service Dear Staff and Board: Thank you for the opportunity to comment on the Draft Service Alternative for Regional Express Bus Service. The City supports the implementation of Regional Express Service, especially since it is the only transit mode in the Sound Move Initiative that directly serves Federal Way. We would like to reiterate the concerns expressed by city Councilmember Jeanne Burbidge at the September 15, 1998 meeting of the South County Area Transportation Board regarding the alternatives for Route J between Federal Way and Bellevue. Route J was intended to provide direct express service between the second and third largest cities in King County. We are keenly aware of the Sound Move Master Plan presentation of Route J which outlined this route as operating as a 64-minute trip with no transfer, as shown in Appendix C, page C-7. None of the alternatives presented in the Route Alternatives Workbook for South King County meet the criteria presented in the Sound Move Master Plan for all operating hours. We support a Modified Route J-l that would serve Federal Way, Auburn, Kent, Renton-Boeing and Bellevue, but not serving South Bellevue Park and Ride, Renton Transit Center, and South Renton Park and Ride, as this would serve the travel demand most efficiently since Boeing is by far the biggest generator of regional trips in Renton. The other Renton stops could be adequately served by Route H (Bellevue to SeaTac) which is presented as being served by all Route H alternatives, and Route K (Bellevue to Puyallup). We support the eventual provision of IS-minute headway service on all of the express routes, but recognize that during a phased implementation, Express Bus routes will start at 3D minute headways. With the overlap of Route J with Routes Hand K, it should be noted that the Renton - Bellevue corridor will have substantially better than 3D-minute headways upon early implementation. As an issue of equity, we would note that no comparable overlap provides service to Federal Way. In addition, unlike Kent, Auburn, and Tukwila, Federal Way would not receive direct service from either commuter rail or light rail. We understand staff will consider our request in time to analyze the modification we support as the only Route J alternative that meets the promise of the Sound Move Master Plan as well as the needs and expectations of our citizens. If you have any questions, please call me at 661-4013. Sincerely, Ron Gintz, Mayor RAP: enclosure (?) cc: Project File Day File K:IRTAIBUSICOMMENT1.WPD Item SA CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: September 8, 1998 Ann Guenther, Human Services Manager ~ From: Subject: 1999 Community Development Block Grant Funding, Contingency Plan Backqround On September 1, 1998, the City Council took action on the 1999 Community Development Block Grant funding for the Public Service, Capital, and Planning and Administration projects. In addition to the funding recommendations, the City is required to submit a Contingency Plan. The current funding recommendations for $651 ,596 are based on an estimate from the Department of Housing and Urban Development (HUD). The CDBG allocation amounts will be finalized when the federal budget is adopted in late 1998 or early 1999. The purpose of the Contingency Plan is to identify the changes the City would make to the 1999 CDBG funding recommendations, should the final 1999 allocation from HUD be less or greater than the current estimates. The Parks, Recreation, Public Safety and Human Services (PRPSHS) Council Committee reviewed the Contingency Plan recommended by the Human Services Commission and forwarded the Plan to the full City Council for approval, during the review of the CDBG recommendations. However, the full City Council did not take action on the Contingency Plan. In addition, changes neèd to be made to the Contingency Plan to reflect changes that have been made since the Plan was developed. Staff is seeking the Council Committee's review of the Plan and recommendation to take to the full City Council at the September 15, 1998 meeting. Attachments to this package include the Contingency Plan with proposed revisions, and the 1999 CDBG Funding Plan. . I. Council Action Needed The City is required to submit the Contingency Plan to the King County CDBG Consortium by October 1, 1998, with the 1999 CDBG funding plan and related materials. In order to meet this deadline, Council action is required in the following areas: 1) Provide direction on how to spend additional capital project funds should they become available, since that portion of the Plan is now outdated; 2) Approve the Plan for submittal to the King County Consortium. Chanqes Needed to the Plan In the section that describes how additional funds would be allocated to capital projects, the original wording of the Plan stated that additional funds would be allocated to the Habitat for Humanity of South King County project up to the requested level, and to the Mental Health Housing Foundation up to the requested level. Since the Plan was developed by the Human Services Commission, the City received additional capital funds, which were allocated to these projects. The Habitat for Humanity of South King County project has been funded to the requested level of $40,000. The Mental Health Housing Foundation recently reduced their request level from $125,000 to $40,000, and the Foundation was funded at $40,000. Since these projects have both been funded at the requested level, the Contingency Plan now provides no direction for where additional funds should be allocated. Staff recommends dividing any additional funds equally among the three projects that are now partially funded, up to the request amount. These projects are outlined below. Capital Proiect Reauest Recommendation ~ Greater Federal Way Chamber of Commerce $225,000 $99,283 $125,717 Ruth Dykeman Children's Center $ 25,000 $ 5,000 $ 20,000 Valley Cities Counseling & Consultation $ 75.000 $ 10.000 $ 65,000 Total $325,000 $114,283 $210,717 The Contingency Plan is attached, with the changes recommended by staff noted. The strikeout sections are the recommended deletions and the double underlined portions are the recommended additions to the Plan. Greg Moore will be at your September 14 meeting to present the Contingency Plan. If you have any questions before that meeting, please call me at (253) 661-4039. Committee Recommendation: 1. Approve the revised 1999 Community Development Block Grant Contingency Plan, as recommended by staff. Forward to the full City Council for approval on September 15, 1998. @ Approve the revised 1999 Community Development Block Grant Contingency PlaR, with the modifications made by the Council Committee. Forward to the full City Council for approval on September 1~ 1998. :¡:"'7don'-t'j or¡;j ¿r I if 0."'/ Cldd.(.¡-; ootL/ .fUJ'ld.5 Q[~ (€Ce..ì tltLi, ~ìl/'e... L~.:p -to UJ $1..05,000 -to V6..Ll€'j CHiLS COLJI):.e..l""1 a.nol CO~UI:tCd-iOI)~ ~LtP'tt> S;;)O,ooc> '¡"O~Ll:thJ)'IK(.n,a.r¡ l!.h'ïdJ"€O'S e.f.ot:eY and.. '3 a.t\': n"'cU()iO~ tuntH Up tl> $1a.¡t';;>~3 +t> 1'\1~11iQ.1 1t€Q.lofh..ltou!''oq uu.oc;la.¡:.iOl). CITY COUNCIL BUSINESS rs~~ Item VII d -- CDBG Contingency Plan This item went through my committee last night, with the following motion to be forwarded to the full Council Approve the revised 1999 Community Development Block Grant Contingency Plan, as modified by the Committee. In priority order, if any additional funds are received, give up to $65,000 to Valley Cities Counseling and Consultation; 2) up to $20,000 to Ruth Dykeman Children's Center and; 3) any remaining funds up to $14,283 to Mental Health Housing Foundation. . " FEDERAL WAY CITY COUNCIL PRELIMINARY BUDGET HEARING TUESDAY, SEPTEl\1BER ] 5, ] 998 I) INTRODUCTION: This is the second of two preliminary public hearings on the City's 1999/2000 budget. The purpose of these preliminary hearings is to solicit input from the public during the developing stage of the City's budget. This is different from the required budget hearing currently scheduled for November 3rd when the City Council will solicit comments on the City Manager's Proposed Budget. A preliminary budget meeting calendar is available at the table by the Council Chambers and also can be accessed on the City's Web site. All meetings will be conducted publiclý with opportunities for public comments. 2) CONDUCT HEARING: . The second preliminary hearing for the Federal Way] 999/2000 budget is now open. Public testimony will be limited to three minutes per person. If you have not signed up, but wish to speak on this matter, please raise your hand. Seeing no additional comment, is there a motion to close the public hearing? The second preliminary budget hearing is now closed. K,~inlb¡'nnial\SCRIPT.DOC CITY OF FEDERAL WAY PROPOSED BUDGET CALENDAR City Manager Presents Proposed Budget: October 6 Department Presentation and Council Study Sessions - Special Meetings: October 20 October 2] October 27 Public Hearing: November 3 Council Deliberation - Special Meetings: November 4 November 5 Budget-related Ordinances - 1st Reading: Adoption: November] 7 December] 7:00 p.m. 4:30.6:30 p.m. 5:30 - 8:30 p.m. 5:30 - 8:30 p.m. (if needed.) 7:00 p.m. 5:30 - 8:30 p.m. 5:30 - 8:30 p.m. . 7:00 p.m. 7:00 p.m. Unless otherwise noted, all meetings are conducted in conjunction with regular Council meetings. City Council Meetini: - September 15, 1998 Transcript of Meeting of Westway Area Residents Sherry Axson- My name is Sherry Axson, I'm a volunteer for the community of Westway. I have been there for 8 years trying to work with the City Council and a variety of agencies throughout the City of Federal Way to work on some of the issues that are going on in our community. We are a lower income community and we have a pretty diverse population who lives there and a lot of challenges. I am here today because, first of all I want to say that I have tried to keep you guys up-to-date on the things that are going on in Westway and hopefully you have all received the report card that I put together on the community policing a few months ago, and let you know how much we appreciated having our community policing program in Westway and we felt that it was off to a really good foundation. We worked really closely with them in a really great partnership. Unfortunately I don't know or have very many answers on whats gone on in the last 3 months. I am here today because I am frustrated, I'm worried and I'm a little bit angry at feeling isolated and lack of communication on why we're not working together anymore in Westway and why we're not having a community policing program for the last few months. Were feeling the pressures of that because we have to watch the drug dealing going on, the guns being fired in the air, people not calling 911 because their afraid that they are not getting the responses, and who cares and why go through the hassle, nothings getting done, people aren't getting arrested. When we had a community policing program we could work with our officers and say this is whats going on in the community, they would go down and handle it and make the arrests they needed and if not then they would give direction on where they needed to go. We've turned over license plate numbers, drug information, tried to work with the Chief and we are just really concerned because we don't feel like we're getting the support that we need and we don't have any communication anymore, and I want you guys to know that because were getting really frustrated and there are other people that are here today and their here today because these are the things that are going on in the community. The words that they might tell you today or the feelings that they have today is wide-spread throughout the community and I'm concerned about where we're headed. Ijust, I think I've only had three of you on the council come out to Westway or to contact us on the community policing program as things were going really well and I just want to know, are you aware of the community policing program? Are you aware of Westway? Did you know whats going on? When you have to be isolated in your house and you cant even walk down the street because your being intimidated. We need some support and I don't know how you get the answers but we're not getting them and I want you guys to know that. Marilvn Daniels- Westway Homeowners Association President - When I took on the job and the responsibility I thought I would just kind of show up for a once a month meeting and you know just kind of say, "is there a second to that" and everybody would vote and we'd go home. What I found in the community as a homeowner as well was that there was a greater responsibilities and needs in the community for volunteers and people who would take time out of their life to try and make the community a better place and I really feel that without going into how many hours a week I spend doing volunteer work, I feel that I put forward the effort that is necessary, a contribution myself, to improve the community. Why I came here this evening is to see if I could get some support from Council, I have tried working with others, I sent the Chief, well first of all I have gone up the chain of command many, many, many times and I have written the Chief, Chief Wood of the Federal Way Police Department, a letter expressing my concemsabout the lack of communication with the Police Department. We had beautiful communication with the police for about the first 11 months and then I don't know if they changed commanders or what but the ideology that we sat down and worked with Chief Wood, Sherry Axson, myself and Kathy Mark, we put out our idea of a community policing program - wonderful for about 11 months and then it just fizzled out. At this point we are living in a community of fear. We had no support there when we had a drive by shooting there were no arrests made. We're frustrated. We too would like to change the perspective of our community and would like to be able to walk down the street safely and feel like wow, all the hard work that we have put into this community is making a difference, rather going backwards in time. We have put in a lot of effort and the community has made great strides in improving itself and to see that our community is going backwards because one of the important aspects of the community and that's the policing program. We can't be lawless in our community. We have a great support system from a lot of other service providers, the YMCA and other agencies, Americor, except the one that is vital and that is the police support system. We have worked very diligently to move that forward and I've written the Chief, no response back to me. Sherry and I spent an hour and a half in Mr. Nyberg's office talking about this issue and have not heard any response back so we felt that the only other place we had left was to come to you, otherwise our community will just continue to go down because we will have lost our desire to improve our community and we will move out and the community will get worse. Thank you for your time. able York - I concur with Ms. Daniels and am from the Westway community too. I am a homeowner. I have a feeling, and I know that you guys remember when you was under King County's thumb and how it felt to be under King County's thumb - whatever decisions that had to be made, or something was urgent that came up you guys had to rely on King County. Pissed you off didn't it? Now you guys are at the head of things and the Westway community is asking you guys to clean up that area, get rid of all the garbage there, that's what it is is garbage. The people that are coming here from other communities got kicked out of other communities and it's a port-hole for junk and if you guys don't do anything about it, get it cleaned up, that port-hole is going to expand and all the little neighborhoods that surround it are not going to be as safe as they are now. Its going to cost you more money to protect it, its going to be another Central District, like in Seattle, and look how long it took them to clean that up, or Hilltop - their beginning to clean that up but look at how much money it cost them. You guys are a fairly young city and its up to you to take the lead and show the nation and other communities around the country that you can take hold of this before it gets out of hand. Like I said, I have a feeling that you guys can really do this is if you want to but if you keep on neglecting it your going to find that that little port-hole, right up the street with $2-300,000 houses on one side and $150,000 on the other and then this little 2-block radius -that's all Westway is is a 2 block radius - If you guys can't control that how are you going to control Federal Way when everybody starts pouring in here because this is a port-hole. That's all I gotta say. .Tosenh AtkiDSon - I reside in Westway, I live there and I see everything that everybody's talking about. Me myself I've been hit in the face with a baseball bat by these people and nothing was done, its still on paper. The police dept that was there is no longer there. The officers that knew the people were taken away. Its not only Westway, it's the whole hilltop up there. Their coming out of Westway into Parkwest and everywhere else and these people that live in Westway fear for their lives. They are prisoners in their own homes because the police dept that was there is no longer there. They have nothing. They fear. I don't know if you know what its like to be a prisoner in your own home because if you step out side your scared that somebody's gonna shoot ya. Your scared that your kids are going to be on crack or crank the next day. So you have to constantly keep an eye on your child. You don't know if your child's going to be shot and like the man said it's a two block area and all this is going on and nothing is being done. These people fear, I fear for my life. That's all I got to say. Thank you. Kiki Laa -My name is Kiki Laa and I am a single parent and I resided in Westway for like two years and I started thinking what 9I1 really was because it wasn't helping me any. From the shoot-outs that they had there, I'd call9I1 and they wouldn't respond for like hours later and that would put me in danger because I called 911 and if they found out I called 911 whats the purpose of me calling 911 when by the time they get there either me or my kids would be dead. You know I've been on both sides, and the police officers were great police programming. Officer Dan Rosado and Officer Bob Thomas, they really made a difference in Westway because they got to know the people in Westway and the new officers that are coming out now they're passing by taking license plate numbers of cars that are parked. You know, I've been a victim of going to jail for, for, I wasn't even a suspect, but I got taken to jail for false, you know, false, false arrest. I am surprised that they jumped on that so fast but they cant get rid of the drug dealers and gang violence in the community. I have given reports to the officers, the detectives that were investigating the shoot-outs. I stood up for righteousness, but it didn't get me nowhere because nobody was arrested and the same thing was going on and on and on and on. I'm here today, we're all here today to ask that if you can find it in your hearts to do something about the crime in Westway. You know I moved out of Westway, but only a couple of days ago, and I made friends in Westway like Marilyn Daniels and Sherry Axson. I did volunteer work for them and you know it's the people that make the community what it is but if we have one bad person in that community it could ruin it for all of us. They don't live in the community - they're coming out. They hang out at a certain house and when those people get evicted they move to another house. So were asking for police support. When we call 911 they don't respond and were just here to ask you to find it in your hearts to help us out in this community. You know being a single parent, I know the feeling. Thank you. StaCY Lonl! - I am a mother of two children that cannot play in my community. They cant sleep at night because of gun shots. We bought a dog so that nobody would enter my yard. They are starting an abatement issue that is sitting on somebody's desk and it needs to move on, we need to start putting pressure on the landlords to get the garbage out. There are a lot of good people in Westway, I am one of them, but I am moving out because this is the worst community ever, you would not want to live there and neither do we. Please help us clean it up so my daughter can play in the park. Thank you. Terrell Comras - I am also here on behalf of Westway and what had happened to me is I have watched shootings, I have watched drug deals, I have watched theft and I have pointed out to the officers, 2 hours after I called 911, where these people are at and nobody has been arrested, they have been lectured. My son is now being beat up in my own front yard. He has been sexually assaulted by two of the neighbor kids and nothing has been done about that. I am moving out of Westway but I am asking you for the people who still live there please, please help them. This is crazy, I am scared to death, I have been made a target because the Police bothered to point me out to these people. Please help them. Janet Pettit -My name is Janet Pettit. I am new to Westway, I came about a week and ahalfago. Since I've been in Westway, I have had to make several calls to the police department. I was put in a community shelter last night for my own safety because I wasn't safe enough to be here with my own children. My daughter has had the f-word written on her hand. My son was called a retard by an adult women because he can't hear. The Police take too long to get to a call. Had other people not been there, I'd be dead right now and that's not exaggerating things at all. Today, a women slapped my landlord, trying to get through my landlord to me. I called the police, it took the police an half an hour to arrive. Had the landlord not been there, I don't know what would have happened to us. We're no longer staying in the community, I don't know if we can ever go back because of the harassment. My car has been, I asked drug dealers please don't sit on my car, I have a car with a sun roof and I asked them to please get off, so the car was damaged the hood was dented in and I've been in a domestic violence shelter before I moved here, I'm actually from Bellevue. I was sent here to this area to hide out and I find myself here, my children were terrorized, beer bottles were thrown at my deck window, my children standing there screaming at the top of their lungs, their terrorized. We're now in the community center without a place to live. The police really have to step up. The crime rate there is terrible. They really have to come and help these people, this isn't right at all. Thanks. . , DC%fJft ~ C¡r. C - pAJJ/ #~:Þ-:J -. Cß1 ¿Aj~ 1/?xJ/Q% Ch/~ t(2{! ¡,Jø -f'Ç .. ( ( {)r~ Iv ~ I Û~ - I (J I 1 ( ~ I}r¿ ¿(Ø/Li)¡ {)~ ¿ , /~..!!:. Laura Ulanowski Deputy City Clerk ~~r¡JJV c2;¡ Nt¡ f Date FEDERAL WAY CITY COUNCIL STAFF ACTION FOJM FROM THE MEETING OF: 11/5 1« Responsible staff to provide verballwritten report to the City Manager's office by Friday, Noon, on: Citizen Information I Sub.iect Staff I Disposition 7/)v:U-~ (jyrnr1J(/f}/1j I p~~ CD~~~S I r;:;; -ð~ v to I( ) ~l1- t\x..s~ ~~ISS I r¡ ~ry1 ~~ PRC PS PW OVJ"cW I CD LAW MS I I( ) PRCS PS PW I CD LAW MS I I( ) PRCS PS PW I CD LAW MS ( ) PRCS PS PW NOTES 5eé ettI~ Ii H tJJ- fJ--L-Or6- JfoJ ~h- ~ /fì1o~ ~/; ~ ~,èz/ó»Ið~~