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City Council Meeting - Council - Agenda - 10/16/2012
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. October 16, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT October 16, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:00 p.m. Item Description Speaker Time 1. Property Negotiations (Executive Session) 30 minutes 2. 2013-2014 Biennial Budget Dennis Higgins 60 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Glenbrook Neighborhood Council Recognition D. Torklift's 2"d Annual Turkey Challenge Proclamation E. Intergovernmental Reports 5. PUBLIC HEARINGS A. 2013-2014 Biennial Budget (Second Hearing) B. 2013-2018 Capital Improvement Plan (Second Hearing) and Comprehensive Plan Amendments C. Kent Comprehensive Plan and Amendments to Kent City Code Section 12.13 re School Impact Fees D. 2012 Property Tax Levy 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - None C. Washington Traffic Safety Commission Grant, Mobilization - Accept (Continued) COUNCIL MEETING AGENDA CONTINUED D. Washington Traffic Safety Commission Grant, Law Enforcement Liaison — Accept E. Drug Free Communities Support Program Grant — Accept F. STOP Act Grant, Substance Abuse Mental Health Services — Accept G. Police Services Agreement with Kent School District — Authorize H. Glenbrook Neighborhood Council Resolution — Adopt I. Mobile Home Parks Ordinance — Adopt J. Guiberson Corrosion Control — Accept as Complete S. OTHER BUSINESS A. LID 363, S. 224th Street, East Valley Highway to Benson Road, Final Assessment Roll Ordinance B. Business & Occupation Tax Ordinances C. Resolution Endorsing Proposition 1 9. BIDS A. 2012 Vehicle Detector Loops Project 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Glenbrook Neighborhood Council Recognition D) Torklift's 2"" Annual Turkey Challenge Proclamation E) Intergovernmental Reports PROCLAMATION Whereas, the City of Kent recognizes the importance of proper nutrition for every citizen and that many families in our community are faced with food shortages; and Whereas, the Kent Food Bank distributes between 1,200 and 1,500 Thanksgiving baskets to Kent families and the need for donated food is greater than ever; and Whereas, through the generosity of Torklift Central employees, October 16, 2012 marks the kick-off of the Second Annual Kent Turkey Challenge; and Whereas, employees of the Torklift Central in Kent, challenge all local businesses to join them in collecting canned goods and frozen turkeys that will be distributed by the Kent Food Bank this holiday season; and Whereas, said Thanksgiving baskets will ensure families here in Kent that are dependent upon the Kent Food Bank will receive enough food for their holiday dinner; and Whereas, through said generosity of our community, the Kent Food Bank will be able to increase the number of families receiving holiday baskets and ensure the quantities of food are adequate; NOW THEREFORE, I, Suzette Cooke, Mayor of Kent, do hereby proclaim October 16 through November 16, 2012 as Second Annual Kent Turkey Challenge In the City of Kent, Washington, and encourage all citizens and local businesses to accept the challenge from Torklift Central employees by collecting frozen turkeys and canned goods for the ever increasing number of families in need here in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed h's 16th day of October 2012. /8u etfe'ooke, Mayor I 1Y, KE �1♦ yu WASHINGTON � 1 w," Agenda Item: Public Hearings - 5A TO: City Council DATE: October 16, 2012 SUBJECT: 2013-2014 Biennial Budget (Second Hearing) MOTION: To close the public hearing. SUMMARY: This date has been set for the second public hearing on the 2013- 2014 Biennial Budget. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A w," Agenda Item: Public Hearings - 513 TO: City Council DATE: October 16, 2012 SUBJECT: 2013-2018 Capital Improvement Plan (Second Hearing) and Comprehensive Plan Amendments MOTION: To close the public hearing. SUMMARY: This date has been set for the second public hearing on the 2013- 2018 Capital Improvement Plan and Comprehensive Plan Amendments. The Capital Improvement Plan is incorporated into the Capital Facilities Element of the Kent Comprehensive Plan. Public input is welcome. EXHIBITS: 2013-2018 Capital Improvement Plan (CIP) RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A 2013 =2018 Capital Improvement Program \14 - KENT W A S H I N G T O N FINANCE October 2, 2012 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands 2013 2014 2015 2016 2017 2018 Total Sources of Funds Capital Improvement Fund 300 350 500 385 475 300 2,310 Street - B &O Tax 4,275 4,275 4,318 4,361 4,405 4,449 26,083 Parks - B&O Tax 500 500 505 510 515 520 3,050 Technology - Cable Utility Tax 850 858 867 876 885 893 5,229 Facilities Fund 495 570 316 805 335 615 3,136 Utility Funds 13,949 10,835 13,359 14,596 15,145 15,508 83,392 Park Citizen Committee Funding 3,027 3,380 3,840 3,523 3,979 4,558 22,307 PW Citizen Committee Funding 1,700 1,700 1,700 1,700 1,700 1,700 10,200 Grants 180 185 1,000 1,000 0 0 2,365 Local Improvement District 2,000 0 0 0 0 0 2,000 Other Sources 6,555 7,595 8,541 16,845 20,695 9,131 69,363 Total Sources of Funds 33,831 30,248 34,946 44,601 48,134 37,674 229,435 Project Requests General Government 2,524 2,660 3,631 10,338 13,424 1,663 34,241 Public Safety 0 50 200 85 175 0 510 Transportation 12,960 11,560 10,960 10,960 10,960 10,960 68,360 Parks, Rec, and Comm Svcs 4,398 5,143 7,296 8,122 8,430 9,543 42,932 Utilities 15,299 12,935 13,359 14,596 15,145 15,508 86,842 Total Project Requests 35,181 32,348 35,446 44,101 48,134 37,674 232,885 Sources of Fu�10% Project Requests s% 1% 37% 36 i 1% � ° 1% 29% 0% 12o/a I5 General Government Capital Improvement Fund Street-B&O Tax IIIII Public Safety 15 Parks-B&O Tax Transportation IIIII Technology-Cable Uti I ity Tax IIIIIII Parks,Rec,and Comm Svcs Facilities Fund Utilities IIIIIII Utility Funds Park Citizen Committee Funding IIIII PW Citizen Committee Funding 'i Grants IIIII Local Improvement District @>1 Other Sources 1 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands 2013 2014 2015 2016 2017 2018 Total Sources of Funds Capital Improvement Fund 300 350 500 385 475 300 2,310 Street Revenues - B &O Tax 4,275 4,275 4,318 4,361 4,405 4,449 26,083 Parks - B &O Tax 500 500 505 510 515 520 3,050 Technology - Cable Utility Tax 850 858 867 876 885 893 5,229 Facilities Fund 495 570 316 805 335 615 3,136 Utility Funds 13,949 10,835 13,359 14,596 15,145 15,508 83,392 Park Citizen Committee Funding 3,027 3,380 3,840 3,523 3,979 4,558 22,307 PW Citizen Committee Funding 1,700 1,700 1,700 1,700 1,700 1,700 10,200 Grants 180 185 1,000 1,000 0 0 2,365 Local Improvement District 2,000 0 0 0 0 0 2,000 Other Sources 6,555 7,595 8,541 16,845 20,695 9,131 69,363 Total Sources of Funds 33,831 30,248 34,946 44,601 48,134 37,674 229,435 Project Requests General Government Facilities 1,353 1,221 1,806 7,555 8,450 840 21,225 Technology 1,171 1,439 1,825 2,783 4,974 823 13,016 Total General Government 2,524 2,660 3,631 10,338 13,424 1,663 34,241 Public Safety Corrections 0 0 25 60 0 0 85 Patrol 0 25 0 0 0 0 25 Support Services 0 25 175 25 175 0 400 Total Public Safety 0 50 200 85 175 0 510 Transportation Street Overlays 7,000 10,000 10,000 10,000 10,000 10,000 57,000 Other Improvements 960 960 960 960 960 960 5,760 Arterials 5,000 600 0 0 0 0 5,600 Total Transportation 12,960 11,560 10,960 10,960 10,960 10,960 68,360 Parks, Rec, and Comm Svcs Programs 387 387 389 390 392 395 2,340 Planning &Design 347 57 58 45 45 45 597 Redevelopment &Renovations 3,469 4,129 4,299 1,900 5,398 5,128 24,323 Development 120 220 1,425 5,362 1,820 2,000 10,947 Acquisition 75 350 1,125 425 775 1,975 4,725 Total Parks, Rec, and Comm Svcs 4,398 5,143 7,296 8,122 8,430 9,543 42,932 Utilities Water 3,000 3,000 3,000 3,000 3,000 3,000 18,000 Sewer 2,400 4,000 4,000 4,900 5,100 5,100 25,500 Stromwater 9,899 5,935 6,359 6,696 7,045 7,408 43,342 Total Utilities 15,299 12,935 13,359 14,596 15,145 15,508 86,842 Total Project Requests 35,181 32,348 35,446 44,101 48,134 37,674 232,885 2 General Government 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Sources of Funds Facilities Revenues (Internal) 495 570 316 805 335 615 3,136 Technology - Cable Utility Tax 850 858 867 876 885 893 5,229 Source To Be Determined 1,179 1,232 2,448 8,657 12,204 155 25,876 Total Sources of Funds 2,524 2,660 3,631 10,338 13,424 1,663 34,241 Projects Requested Facilities HVAC Lifecycle Replacements (Lifecycle) 1 400 475 50 50 75 50 1,100 Emergency Facility Repairs (Lifecycle) 2 100 100 100 100 100 100 600 Kitchen Equipment (Lifecycle) 3 42 21 46 40 20 25 194 City Hall/Centennial Entry Replacment 4 80 80 Roof Repairs (Lifecycle) 5 50 75 450 500 25 400 1,500 Kent Pool (Lifecycle) 6 25 25 25 25 25 25 150 Centennial Center Reseal 7 45 45 45 50 185 Fire Alarm Upgrades 8 31 31 Parking Lots (Lifecycle) 9 100 65 65 65 65 360 Floor Covering Replacements (Lifecycle) 10 150 40 250 200 50 40 730 City Hall Elevator Doors 11 30 60 90 City Hall/Council Chambers Renovation 12 50 50 Facilities Card Access 13 75 75 75 225 Corrections Portable Back-up Power Conn. 14 50 50 Riverbend Lifecycle 15 200 200 200 200 200 200 1,200 Commons Racquet Ball Wall Repairs 16 40 40 Expansion Police/Fire Training Center 17 750 7,890 8,640 CKCF Renovation 18 500 5,500 61000 Total Facilities Projects 1,353 1,221 1,806 7,555 8,450 840 21,225 Technology Data Center - Station 74 1 225 225 Hardware Lifecycle Replacements 2 494 436 890 451 364 343 2,978 Software Lifecycle 3 206 361 936 2,333 4,610 480 8,925 Audio Video Equipment Replacement 5 84 315 399 Data Center-Service Center/Systems Move 6 162 215 377 FileNet Forms & Data Management System 7 112 112 Total Technology Projects 1,171 1,439 1,825 2,783 4,974 823 13,016 Total Projects Requested 2,524 2,660 3,631 10,338 13,424 1,663 34,241 3 Public Safety 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Sources of Funds Capital Improvement Fund 50 200 85 175 510 Total Sources of Funds 0 50 200 85 175 0 510 Projects Requested Corrections Work Crew Van/Trailer Equipment 2 60 60 Annex Furniture Upgrades 8 25 25 Patrol Pursuit Intervention Technique Equipment 1 25 25 Support Services Ergonomic Work Stations 3 25 25 25 25 100 Crime Scene Van Replacement/Eq Upgrade 4 75 75 Citywide Driving Simulator 5 150 150 Robotic Laser Scanning Total Station 6 50 50 Training Center Classroom Upgrades 7 25 25 Total Projects Requested 0 50 200 85 175 0 510 4 Transportation 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Sources of Funds PW Citizen Committee Funding 1,700 1,700 1,700 1,700 1,700 1,700 10,200 Local Improvement District 2,000 2,000 Street Revenues - B &O Tax 4,275 4,275 4,318 4,361 4,405 4,449 26,083 Sources To Be Determined 4,985 5,585 4,942 4,899 4,855 4,811 30,077 Total Sources of Funds 12,960 11,560 10,960 10,960 10,960 10,960 68,360 Projects Requested Street Overlays Street Overlays-Levy Lid Lift Projects 102 1,700 1,700 1,700 1,700 1,700 1,700 10,200 Central Ave S (GR Bridge to SR 515) 103 2,200 2,200 S 234th PI (WV Hwy E to End of Road) 104 400 400 S 212th St (GR Bridge to S 208th) 105 2,700 6,200 8,900 80th Ave S (S 196th to S 188th) 107 1,500 1,500 S 192nd St (80th Ave S to EV Hwy) 108 600 125 725 S 194th St (80th Ave S to EV Hwy) 110 1,000 1,000 S 216th St&72nd Ave S 111 1,950 1,950 S 208th St (EV Hwy to SR 167) 112 300 300 2nd Ave N (S 228th St S to end of Rd) 113 375 375 79th Ave S (S 266th St to 261st St) 114 400 400 S 222nd St (BNRR to 84th Ave S) 115 250 250 S 200th St (S 207th Ct to EV Hwy) 116 1,000 1,000 81st Av S (S 200th to S 196th) 117 375 375 6th Ave N (S 228th St S to end of Rd) 118 800 800 84th Ave S (S 212th to S 180th) 119 1,725 6,275 8,000 S 196th St (GR to EV Hwy) 120 2,025 2,475 4,500 W Meeker St (Russell Rd to 64th) 121 1,100 1,100 S 228th St (Lakeside Blvd to UPRR) 122 3,750 3,750 W Valley Hwy (S 277th to GR) 123 975 1,125 2,100 76th Av S (S 228th to S 212th) 124 2,400 2,400 James St (64th Ave S to Central Av) 125 3,100 3,100 W Valley Hwy (S 277th to GR) 126 1,675 1,675 Other Improvements St Striping/Thermoplastic Program 101 130 130 130 130 130 130 780 Signals/Contollers 101 75 75 75 75 75 75 450 St Light Replacement 101 50 50 50 50 50 50 300 Citywide Gaurdrail & Safety Imp 101 20 20 20 20 20 20 120 Neighborhood Traffic Control 101 30 30 30 30 30 30 180 Kent Shuttle Service 101 155 155 155 155 155 155 930 Sidewalk Repair 101 500 500 500 500 500 500 3,000 Arterials 256th ( Kent Kang ley to 116th) 106 5,000 5,000 72nd Avenue 109 600 600 Total Projects Requested 12,960 11,560 10,960 10,960 10,960 10,960 68,360 5 Parks, Recreation & Community Services 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Sources of Funds CIP REET2 Revenues 300 300 300 300 300 300 1,800 Parks - B &O Tax 500 500 505 510 515 520 3,050 Washington State Grant 1,000 500 1,500 King County Grant 180 185 365 Other Grant 500 500 Donations/ Contributions 10 10 10 10 10 10 60 Park Citizen Committee Funding 3,027 3,380 3,840 3,523 3,979 4,558 22,307 Source To Be Determined 381 768 1,141 3,279 3,626 4,155 13,350 Total Sources of Funds 4,398 5,143 6,796 8,622 8,430 9,543 42,932 Projects Requested Programs ShoWare Lifecycle 2 300 300 300 300 300 300 1,800 Green Kent Program 3 20 20 20 21 21 22 124 Adopt-A-Park Volunteer Program 7 41 41 42 42 43 44 253 Eagle Scout Volunteer Program 8 26 26 27 27 28 29 163 Planning & Design Master Plans 6 25 25 25 25 25 25 150 Architect/Engineering 10 20 20 20 20 20 20 120 Green River Corridor Master Plan 15 302 302 Park and Open Space Plan 20 12 13 25 Redevelopment& Renovations Life Cycle Park System 1 255 255 255 255 255 255 1,530 Community Parks Reinvestment Program 5 100 100 100 105 105 105 615 Life Cycle - Trails 9 9 9 9 9 9 10 55 Neighborhood Park Reinvestment Program 11 500 500 500 500 500 500 3,000 Regional Trails - Levy Program 13 180 185 365 Wilson Playfields Renovation 14 1,863 1,863 Lake Meridian Park Phase I 16 206 1,370 1,576 Lake Fenwick Park Phase I 17 235 1,565 1,800 Kent Memorial Park Renovation 19 121 811 932 Green River Corridor Improvements Ph. I 21 145 1,423 1,568 Russell Road Renovation Phase I 24 445 445 Green Tree Park Renovation 27 250 250 Lake Fenwick Park Renovation Phase II 29 160 1,162 1,322 Springwood Park Improvements 30 346 2,517 2,863 West Fenwick Ph. 2 Park Renovation 31 731 731 Scenic Hill Park Renovation 32 300 300 Salt Aire Vista Park Renovation 36 175 175 Garrison Creek Renovation 37 175 175 Park Orchard Park Renovation 38 250 250 Old Fishing Hole Renovation 39 250 250 Russell Road Field Conversion 41 3,164 3,164 6 Parks, Recreation & Community Services 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Mill Creek Eathworks Redev. Phase II 43 1,094 1,094 Development Kent City Gateways 12 70 70 70 70 280 Huse Property Development 18 50 100 2,600 2,750 Clark Lake Development 22 50 1,000 1,050 Community Sports Fields (Phx Academy) 28 355 2,492 2,847 West Hill Park Development 33 100 1,820 1,920 132nd Street Park Development 100 2,000 2,100 Acquisition Grant Matching Funds/Land Acq. 4 75 75 75 75 75 75 450 East Hill Park Land Acquisition 23 275 350 625 Clark Lake Land Acquistion 25 1,000 1,000 International Parks Acquisition 26 50 50 Panther Lake PAA Park Acquisition 35 700 700 Wilson Playfields Acquistion 40 1,500 1,500 Mill Creek Acquisition 42 400 400 Total Projects Requested 4,398 5,143 7,296 8,122 8,430 9,543 42,932 7 Utilities Water Supply & Distribution 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Sources of Funds Water Revenues 3,000 3,000 3,000 3,000 3,000 3,000 18,000 Total Sources of Funds 3,000 3,000 3,000 3,000 3,000 3,000 18,000 Projects Requested Water Supply & Distribution Water Conservation Plan 301 25 25 Landsburg Mine 302 654 654 Rock Creek Mitigation Projects 303 313 300 300 300 300 300 1,813 Miscellaneous Water Replacements 304 1,000 800 800 550 550 550 4,250 East Hill Pressure Zone 305 1,008 1,900 1,900 4,808 Guiberson Reservoir Replacement 306 2,150 2,150 2,150 6,450 Total Projects Requested 3,000 3,000 3,000 3,000 3,000 3,000 18,000 8 Utilities Sewer 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Sources of Funds Sewer Revenues 1,050 1,900 4,000 4,900 5,100 5,100 22,050 Sources to be Determined 1,350 2,100 Total Sources of Funds 2,400 4,000 4,000 4,900 5,100 5,100 22,050 Projects Requested Sewer Kentview Pump Station Replacement 201 1,470 1,470 Miscellaneous Pipe Replacement 202 570 125 360 70 40 230 1,395 Linda Heights Pump Station 203 360 425 1,540 4,830 5,060 4,870 17,085 Horseshoe Pump Station Replacement 204 1,600 1,600 Kentview Pump Station Replacement 205 1,750 1,750 Misc Pump Station Upgrades 206 100 2,100 2,200 Total Projects Requested 2,400 4,000 4,000 4,900 5,100 5,100 25,500 9 Utilities Stormwater Management 2013 - 2018 Capital Improvement Program Requested Amounts in Thousands Priority 2013 2014 2015 2016 2017 2018 Total Sources of Funds Drainage Revenues 9,899 5,935 6,359 6,696 7,045 7,408 43,342 Total Sources of Funds 9,899 5,935 6,359 6,696 7,045 7,408 43,342 Projects Requested Stormwater Management NPDES 401 270 380 380 400 400 400 2,230 Mill Creek/James Street Pump Station 402 1,500 1,500 GRNRA Improvements 403 700 1,500 1,200 3,400 Upper Mill Creek Dam Improvements 404 2,535 600 3,135 76th Avenue Stream Improvements 405 200 800 3,000 1,500 5,500 Green River Levee Repair 406 4,894 3,255 3,979 3,296 5,145 7,008 27,577 Total Projects Requested 9,899 5,935 6,359 6,696 7,045 7,408 43,342 10 KENT Agenda Item: Public Hearings — 5C TO: City Council DATE: October 16, 2012 SUBJECT: Kent Comprehensive Plan and Amendments to Kent City Code Section 12.13 re School Impact Fees MOTION: To close the public hearing. SUMMARY: This public hearing will consider amendment of the Capital Facilities element of the Kent Comprehensive Plan to incorporate the updated Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts and the new Capital Facilities Plan of the Highline School District. These plans propose to also amend school impact fees outlined in Kent City Code Chapter 12.13. Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their new or updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 16, 2012. Any Council action is taken concurrently with adoption of the budget. The Auburn, Kent and Federal Way School Districts have submitted updated Capital Facilities Plans for Council review and consideration. For the first time, the Highline School District has submitted a Capital Facilities Plan for Council review and consideration. An interlocal agreement between the City and the School District will be presented for Council consideration prior to the City collecting impact fees on behalf of the Highline School District. EXHIBITS: Staff memo dated 10/16/12, School District Capital Facilities Plans, SEPA Checklists, Threshold Determinations and Comparison Tables 1, 2 and 3 RECOMMENDED BY: Staff BUDGET IMPACTS: None COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES *'T Charlene Anderson, AICP, Manager \� W^as INGTToN Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 October 16, 2012 To: Mayor Suzette Cooke, Council President Dennis Higgins and City Council From: Charlene Anderson, AICP, Planning Manager Subject: Kent Comprehensive Plan and Amendments to Kent City Code Chapter 12.13 Re School Impact Fees MOTION: None at this time. This issue will be decided concurrently with adoption of the 2013-14 Biennial Budget and 2013-18 Capital Improvement Program. SUMMARY: This public hearing will consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan to incorporate the updated Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, as well as the new Capital Facilities Plan of the Highline School District. These plans propose to also amend school impact fees outlined in Kent City Code Chapter 12.13. Kent City Code requires the School Districts to submit their new or updated Plans annually for Council review and consideration. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 16, 2012. The City of Kent 6-year Capital Improvement Program being considered this evening also will update the Capital Facilities Element of the Kent Comprehensive Plan. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36.70A.070) requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As a result, KCC 12.13.080 and 090 provide for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their new or updated capital facilities plans (KCC 12.13.060 & 070). The Kent, Federal Way, and Auburn School Districts submitted their 2012/13 — 2017/18 Capital Facilities Plans and are requesting amendments of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development. The Highline School District proposes similar amendments to reflect newly-created impact fees resulting from new student population. The plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, expected funding, and calculation of the impact fees according to the formula set forth in KCC 12.13.140. The Kent School District proposes to maintain their existing school impact fees for single family units of $5,486 and for multifamily units of $3,378. The Federal Way School District proposes to maintain their existing school impact fees for single family units of $4,014 and increase their fees for multifamily units from $1,253 to $1,381 (an increase of $128 or 10.2%). The Auburn School District proposes to decrease their existing school impact fees for single family units from $5,557.30 to $5,511.69 (a decrease of $45.61 or 0.8%) and increase their fees for multifamily units from $2,305.22 to $3,380.26 (an increase of $1,075.04 or 46.6%). The only area in Kent where Auburn School District's impact fees are applied is the Verdana or Bridges PUD on the former impoundment reservoir site. The Highline School District proposes school impact fees of $7,912 for single family units and $3,101 for multifamily units. The Highline School District covers the northern section of the Midway Study Area. Included with this memo are comparison tables among the four school districts as well as historical data on the school impact fees. CA\pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-2 Schl Dists CFPs\City_Council\CPA-2012-2_capfacilities10162012.doc Enc School Districts'Capital Facilities Plans Determinations of Nonsignifcance Environmental ChecMists RCW 36J0A.020&070,RCW 82.02.050 KCC 12.13.060-090,KCC 12.13.140 Comparison Tables and Historical Data cc: Ben Wolters,Economic&Community Development Director Fred N.Satterstrom,AICP,Planning Director Charlene Anderson,AICP,Planning Manager Project File CPA-2012-2 Parties of Record Kent Comprehensive Plan and Kent City Code Chapter 12.13 Amendments, School District Capital Facilities Plans-Impact Fees 10/16/12 City Council Meeting Page 2 of 2 W Ke,nI School Dml�slrl� tal � M• .M� C' i F,., sci"u, iies, i New Panther Lake Elementary School opened in Fall 2009 Kent SchoofDrstrictWo. 415provides educationafseroice to Residents of vnincorporatedKing County and Residents of the Cities of Kent, Covington, Renton, 4uhurn BCackcDiamond, 14apfe `vaffey, andSea7ac, `Washington Aprif 2012 C1S� h Kent School District No. 415 12033 SE 256 1h Street Kent, Washington 98030-6643 (253) 373-7295 SIX - YEAR CAPITAL FACILITIES PLAN 2012 - 2013 2017 - 2018 kENT 11001[ UO MCI BOARD of DIRECTORS Bill Boyce Tim Clark Karen DeBruler Russ Hanscom Debbie Straus ADMINISTRATION Dr. Edward Lee Vargas — Superintendent Dr. Richard A. Stedry — Chief Business Officer Dr. Linda Del Giudice — Chief Accountability Officer Dr. Merri Rieger— Chief Student Achievement Officer Dr. Brent Jones — Chief Organizational Talent Officer Thuan Nguyen — Chief Information & Automated Operations Officer Chris Loftis — Executive Director, Communications & School Community Partnerships Kent School District Six-Year Capital Facilities Plan April 2012 ent, C .... �0�0 ...... �I�Slr� ' Cl kENT SIX - YEAR CAPITAL FACILITIES PLAN 2012 - 2013 - 2017 - 2018 April 2012 For information on the Plan, please call the Finance & Planning Department at (253) 373-7295 Capital Facilities Plan Contributing Staff Gwenn Escher-Derdowski Enrollment & Planning Administrator Ralph Fortunato, CSBS — Director of Fiscal Services Debbi Smith, Business Services Department Fred Long, Supervisor of Facilities& Construction Karla Wilkerson, Facilities Department Don Walkup, Supervisor of Transportation Department Kent School District Six-Year Capital Facilities Plan April 2012 US1 S K�en! ch'00 , � C1111", ■ Si,�Tear Capital Facilities Plan Tafife of Contents Section Page Number I Executive Summary 2 11 Six-Year Enrollment Projection & History 4 III District Standard of Service 8 1 V Inventory, Capacity & Maps of Existing Schools 11 V Six-Year Planning & Construction Plan — Site Map 14 V I Relocatable Classrooms 17 Vil Projected Classroom Capacity 18 Vill Finance Plan, Cost Basis and Impact Fee Schedules 23 IX Summary of Changes to Previous Plan 30 X Appendixes 31 Kent School District Six-Year Capital Facilities Plan April 2012 I Executive Summary This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent School District (the "District") as the organization's facilities planning document, in compliance with the requirements of Washington's Growth Management Act, King County Code K.C.C. 21A.43 and Cities of Kent, Covington, Renton, Auburn, Black Diamond, Maple Valley, and SeaTac. This annual Plan update was prepared using data available in the spring of 2012 for the 2011-2012 school year. This Plan is consistent with prior long-term capital facilities plans adopted by the Kent School District. This Plan is not intended to be the sole planning document for all of the District's needs. The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies, taking into account a longer or shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required. Prior Capital Facilities Plans of the Kent School District have been adopted by Metropolitan King County Council and Cities of Kent, Covington, Auburn and Renton and included in the Capital Facilities Plan element of the Comprehensive Plans of each jurisdiction. The first ordinance implementing impact fees for the unincorporated areas of Kent School District was effective September 15, 1993. In order for impact fees to be collected in the unincorporated areas of Kent School District, the Metropolitan King County Council must adopt this Plan and a fee-implementing ordinance for the District. For impact fees to be collected in the incorporated portions of the District, the cities of Kent, Covington, Renton and Auburn must also adopt this Plan and their own school impact fee ordinances. This Plan has also been submitted to cities of Black Diamond, Maple Valley, and SeaTac. This Capital Facilities Plan establishes a standard of service in order to ascertain current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for local program needs in the District. The Growth Management Act, King County and City codes and ordinances authorize the District to make adjustments to the standard of service based on specific needs for students of the District. This Plan includes the standard of service as established by Kent School District. Program capacity is based on an average capacity and updated to reflect changes to special programs served in each building. Relocatables in the capacity calculation use the same standard of service as the permanent facilities. (continued) Kent School District Six-Year Capital Facilities Plan April 2012 Page 2 I Executive Summary (continued) The capacity of each school in the District is calculated based on the District standard of service and the existing inventory of permanent facilities. The District's program capacity of permanent facilities reflects program changes and the reduction of class size to meet the standard of service for Kent School District. Relocatables provide additional transitional capacity until permanent facilities are completed. Kent School District is the fourth largest district in the state. Enrollment is electronically reported monthly to the Office of the Superintendent of Public Instruction ("OSPI") on Form P-223. Although funding apportionment is based on Annual Average Full Time Equivalent (AAFTE), enrollment on October 1 is a widely recognized "snapshot in time" that is used to report the District's enrollment for the year as reported to OSPI. P-223 FTE reports Kindergarten at .5 for all elementary schools except those five schools with Full Day Kindergarten funded by State Apportionment. P-223 Reports include all students in Grades K — 12 and excludes Early Childhood Education [ECE] students and college-only Running Start students. The Board of Directors approved Full Day Kindergarten for all Elementary Schools for 2011-13 and those projections are continued in future years. The District's standard of service, enrollment history and projections, and use of transitional facilities are reviewed in detail in various sections of this Plan. The District plans to continue to satisfy concurrency requirements through the transitional use of relocatables. A financing plan is included in Section V I I I which demonstrates the District's ability to implement this Plan. Pursuant to the requirements of the Growth Management Act, this Plan will be updated annually with changes in the fee schedules adjusted accordingly. Kent School District Six-Year Capital Facilities Plan April 2012 Page 3 I I Six - Year Enrollment Projection For capital facilities planning, growth projections are based on cohort survival and student yield from documented residential construction projected over the next six years. (see Table 2) The student generation factor, as defined on the next page, is the basis for the growth projections from new developments. King County live births and the District's relational percentage average were used to determine the number of kindergartners entering the system. (see Table 1) 8.18% of 24,899 King County live births in 2007 is projected for 2,036 students expected in Kindergarten for October 1, 2012. This is a significant increase of 655 live births in King County over the previous year. Together with proportional growth from new construction, 8.18% of King County births is equivalent to the number of students projected to enter kindergarten in the district for the next six- year period. (see Table 2) Full Day Kindergarten ("FDK") programs at all 28 elementary schools require an adjustment to the Kindergarten forecast for projecting FDK at 1 .0 FTE for capital facilities planning. P-223 Reports will continue to include FDK students at 1.0 for five schools with FDK funded by state apportionment, and all other kindergarten students will continue to be reported at .50 FTE. (see Table 2A) Early Childhood Education students (also identified as "ECE", "Preschool Special Education [SE] or handicapped students") are forecast and reported separately. Capacity is reserved to serve the ECE programs at seven elementary schools. The first grade population is traditionally 7 - 8% larger than the kindergarten population due to growth and transfers to the District from private kindergartens. Cohort survival method uses historical enrollment data to forecast the number of students projected for the following year. Near term projections assume some growth from new developments to be offset by current local economic conditions. With notable exceptions, the expectation is that enrollment increases will occur District-wide in the long term. District projections are based on historical growth patterns combined with continuing development of projects in the pipeline dependent on market/growth conditions. The District will continue to track new development activity to determine impact to schools and monitor conditions to reflect adjustments in this assumption. The six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. Information on new residential developments and the completion of these proposed developments in all jurisdictions may be considered in the District's future analysis of growth projections. (Continued) Kent School District Six-Year Capital Facilities Plan April 2012 Page 4 I I Six - Year Enrollment Projection (Continued) Within practical limits, the District has kept abreast of proposed developments. The Kent School District serves seven permitting jurisdictions: unincorporated King County, the cities of Kent, Covington, Renton, and Auburn and smaller portions of the cities of SeaTac, Black Diamond, and Maple Valley. The west Lake Sawyer area of Kent School District is in the city of Black Diamond. STUDENT GENERATION FACTOR "Student Factor" is defined by King County code as "the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit" based on district records of average actual student generated rates for developments completed within the last five years. Following these guidelines, the student generation rate for Kent School District is as follows: Single Family Elementary 486 Middle School .130 Senior High .250 Total .866 Multi-Family Elementary .331 Middle School .067 Senior High .124 Total .522 The student generation factor is based on a survey of 2,023 single family dwelling units and 1,527 multi-family dwelling units with no adjustment for occupancy rates. Please refer to Appendix E on Page 36 of the Capital Facilities Plan for details of the Student Generation Factor survey. The actual number of students in those residential developments was determined using the District's Education Logistics (EDULOG) Transportation System which provides an accurate count of enrolled students in identifiable new development areas. Kent School District Six-Year Capital Facilities Plan April 2012 Page 5 m � o W W W N N Q 10 O m r ep W W O O m a N N W V1 m P v w n ap W n O N N p M n W m m W O O W N tO � E Q � M w o O t0 � O Q f M M m r➢ m N o � _ N N O' N N lV N N N N N N Q C O W m Ol O m Q CI V N rn � M tD n W m Q N N fn O N W O m O O O N N n N W Q m LL T N 0 ; N ry O N N N N N N N N rp y , V r o Q N O N NO W M O U C 2 On m Q N W E O O o - N N N N N N N N N Q m r W W '2 M m a Q I° N N n O O m W m Ol O O m o N N N W W O m V W W Vi Q m H N 06m (V N N (V N N N (V s N <o L u a O Z O � _ W O@ O O O O N O N O N n y N p C d a r Q Q O o W m N r N N Nm n O W Vl lL Y U w O E LL LL N o a Si (O o Q N W N m M O N M m N N d p rn fJ m ^ W W O V O Q W n N Q O M j U U C O N W Q O N O O O CO CD W W LLf O m O N Vl W W N o N CJ W CD h m N w p r W c m N M n o O O O O m m � °� N N (V N N N � N W W 11 - m W - IL LL W O M r K F N N N N m W m I° W O N O P = W Ol f� N 4J pWj H m O W O 61 M n N Q M M N N 12 U OmJ M N m �c - W W - m N m W - N - M M m m n n m N m_ m M O O - II r 3 t m d ` ` m_ m m m - m - - N - m � � ❑ [Q31 m M_ m W n n W t0 O Q N M O_ ry m .Q O � O C c- - - - �- _ - - - `- - � `o = d o m Y Y Y W C9 U (7 U C9 (D C9 C9 0 C9 0 U G KENT SCHOOL DISTRICT No. 415 SIX -YEAR ENROLLMENT PROJECTION - Elementary Headcount)Secondary FTE Full Day Kindergarten at all Elem LB in 2006 LB in 2007 LB in 2008 LB in 2009 LB in 2010 LB Est 2011 LB Est.2012 ACTUAL P R O J E C T 1 O N October 2011 2012 2013 2014 2015 2016 2017 King County Live Births 24,244 24,899 25,222 25,057 24,514 24,600 24,700 ' Increase/Decrease 1,564 655 323 -165 -543 86 100 Kindergarten / Birth % 2 8.18% 7.92% 8.02% 8.18% 8.31% 8.29% 8.29% 2'3 Kindergarten FTE @ .5 0 0 0 0 0 0 0 "' FD Kindergarten @ 1.0 1983 2,036 2,064 2,050 2,006 2,012 2,020 Grade 1 1888 2,029 2,095 2,124 2,109 2,064 2,070 Grade 2 2016 1,906 2,061 2,128 2,157 2,142 2,097 Grade 3 1983 2,058 1,958 2,116 2,185 2,214 2,199 Grade 4 2024 2,003 2,091 1,990 2,149 2,219 2,248 Grade 5 1974 2,041 2,033 2,122 2,020 2,180 2,251 Grade 6 2136 2,020 2,100 2,092 2,183 2,078 2,242 Grade 7 2102 2,104 2,004 2,083 2,075 2,165 2,061 Grade 8 2108 2,119 2,131 2,030 2,110 2,102 2,192 Grade 9 2468 2,418 2,440 2,454 2,338 2,430 2,421 Grade 10 2267 2,298 2,261 2,282 2,295 2,187 2,272 Grade 11 1882 1,911 1,947 1,916 1,934 1,945 1,854 Grade 12 1543 1,489 1,522 1,550 1,526 1,540 1,548 Total FTE Enrollment 26,374 26,432 26,707 26,937 27,087 27,278 27,475 N.(e.2/3/4 Adj.,ledrrFADa,Kl.&,g Oen Yearly Increase/Decrease' See Notes 58 275 230 150 191 197 Yearly Increase/Decrease% 0.22% 1.04% 0.86% 0.56% 0.71% 0.72% Cumulative Increase with Full Day Kind Adjustment Adj for FDK 811 1,086 1,316 1,466 1,657 1,854 Full Time Equivalent FTE) 26,374 26,432 1 26,707 1 26,937 1 27,087 1 27,278 1 27,475 1 Kindergarten enrollment projection is based on Kent SD percentage of live births in King County five years previous. 2 Kindergarten projection is calculated by using the District's previous year percentage of King County births five years earlier compared to actual kindergarten enrollment in the previous year. (Excludes ECE-Early Childhood Education) 3 Kindergarten projection is at 1.0 for Full Day Kindergarten(FDK)at all 28 Elementary schools. FDK funded at 5 schools by state apportionment&second 112 of day funded by Federal&State Categorical Grants&Educational Programs Levy. 4 Oct.2011 P223 FTE is 25.590&Headcount is 26,616. Full Headcount with ECE Preschool&Running Start students=27,397. G R O W T H P R O J E C T I O N S - Adjustments for current economic factors For facilities planning purposes, this six-year enrollment projection anticipates conservative enrollment growth from new development currently in some phase of planning or construction in the district. Kent School District Six-Year Capital Facilities Plan Table 2 April 2012 Page 7 III Current Kent School District "Standard of Service" In order to determine the capacity of facilities in a school district, King County Code 21A.06 references a "standard of service" that each school district must establish in order to ascertain its overall capacity. The standard of service identifies the program year, the class size, the number of classrooms, students and programs of special need, and other factors determined by the district which would best serve the student population. This Plan includes the standard of service as established by Kent School District. The District has identified schools with significant special needs programs as "impact" schools and the standard of service targets a lower class size at those facilities. Relocatables included in the capacity calculation use the same standard of service as the permanent facilities. (See Appendix A, e & C) The standard of service defined herein may continue to change in the future. Kent School District is continuing a long-term strategic planning process combined with review of changes to capacity and standard of service. This process will affect various aspects of the District's standard of service and future changes will be reflected in future capital facilities plans. Current Standards of Service for Elementary Students Class size for Kindergarten is planned for an average of 25 or fewer students. Class size for grades 1 - 3 is planned for an average of 25 or fewer students. Class size for grades 4 - 6 is planned for an average of 29 or fewer students. Program capacity for general education elementary classrooms is calculated at an average of 24 students per classroom because of fluctuations between primary and intermediate grade levels (i.e. third/fourth or fourth/fifth grade split classes, etc.). In 2011, all elementary schools meet the criteria required to provide full day kindergarten programs (FDK = Full Day Kindergarten) with the second half of the day funded by state apportionment or the local levy. Five FDK Programs have state apportionment funding and the others will be funded through Basic Ed and Educational Programs and Operations Levy. Students have scheduled time in a computer lab. Students may also be provided music instruction and physical education in a separate classroom or facility. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School District Six-Year Capital Facilities Plan April 2012 Page 8 I I I Current Kent School District "Standard of Service" (continued) Identified students will also be provided other educational opportunities in classrooms for programs such as those designated as follows: English Language Learners (E L L) Inclusive Services / Tiered Intervention in SE Support Center Programs Early Childhood Education (ECE) (3-4 yr. old students with disabilities) Developmental Kindergarten in SC Programs Integrated Programs & Resource Rooms (for special remedial assistance) Self-contained Special Education Support Center Programs (SC) Adaptive Support Center for Mild, Moderate & Severe Disabilities (ASC-DD) Speech & Language Therapy & Programs for Hearing Impaired students Occupational & Physical Therapy Programs (OT/PT) Education for Disadvantaged Students (Title I) — Federal Program Learning Assisted Programs (LAP) — State Program District Remediation Programs Education for Highly Capable Students (formerly "Gifted" Program) Some of the above special programs require specialized classroom space, as well as music and physical education classrooms, computer labs, etc.; thus, the . permanent capacity of some of the buildings housing these programs is reduced. Some students, for example, leave their regular classroom for a short period of time to receive instruction in these special programs and "pull-out' space must be allocated to serve these programs. Some newer buildings have been constructed to accommodate most of these programs; some older buildings have been modified, and in some circumstances, these modifications reduce the classroom capacity of the buildings. When programs change, program capacity is updated to reflect the change in program and capacity. Current Standards of Service for Secondary Students The standards of service outlined below reflect only those programs and educational opportunities provided to secondary students which directly affect the capacity of the school buildings. Class size for grades 7 — 8 is planned for an average of 29 or fewer students. Class size for grades 9 — 12 is planned for an average of 31 or fewer students. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School District Six-Year Capital Facilities Plan April 2012 Page 9 I I I Current Kent School District "Standard of Service" (continued) Identified secondary students will also be provided other educational opportunities in classrooms for programs designated as follows: Computer, Multi-media &Technology Labs& Programs—(Advanced Academics—E2020) Technology Academy programs at Kent-Meridian High School & Mill Creek Middle School Science Programs & Labs — Biology, Chemistry, Physics, Oceanography, Astronomy, Meteorology, Marine Biology, General Science, etc. English Language Learners (E L L) Integrated Programs & Resource Rooms (for special remedial assistance) Basic Skills Programs Transition Outreach Program (TOP) for 18-21 year old Special Education students Child Development Preschool and Daycare Programs Music Programs—Band, Orchestra, Chorus, Jazz Band, etc. Art Programs—Painting, Design, Drawing, Ceramics, Pottery, Photography, etc. Theater Arts— Drama, Stage Tech, etc. Journalism and Yearbook Classes Highly Capable (Honors or Gifted) and Advanced Placement Programs International Baccalaureate ("I B") Program Kent Phoenix Academy— Performance Learning Center, Gateway, Virtual High School & Kent Success program with evening classes designed for credit retrieval JROTC - Junior Reserve Officers Training Corps Variety of Career&Technical Education Programs/Activities (CTE-Vocational Education) Family&Consumer Science—Culinary Arts, Sewing, Careers w/Children/Educ., etc. Health & Human Services—Sports Medicine, Sign Language, Cosmetology, etc. Business Education — Word Processing, Accounting, Business Law & Math, Marketing, Economics, Web Design, DECA, FBLA(Future Business Leaders). Technical & Industry — Woodworking, Cabinet Making, Building Trades, Metals, Automotive & Manufacturing Technology, Welding, Drafting, Drawing, CAD (Computer-aided Design), Electronics, Engineering& Design, Aviation, ASL, etc. Graphic& Commercial Arts, Media, Photography, Theater& Stage, Ag & Horticulture. Many of these programs and others require specialized classroom space which can reduce the permanent capacity of the school buildings. In addition, alternative home school assistance, choice and transition programs are provided for students in grades 3 - 12 at Kent Mountain View Academy. Space or Classroom Utilization As a result of scheduling conflicts for student programs, the need for specialized rooms for certain programs, and the need for teachers to have a work space during their planning periods, it is not possible to achieve 100% utilization of regular teaching stations at secondary schools. Based on the analysis of actual utilization of classrooms, the District has determined that the standard utilization rate is 85% for secondary schools. Program capacity at elementary schools reflects 100% utilization at the elementary level. Kent School District Six-Year Capital Facilities Plan April 2012 Page 10 I V Inventory and Capacity of Existing Schools Currently, the District has permanent program capacity to house 27,509 students and transitional (relocatable) capacity to house 1,023. This capacity is based on the District's Standard of Service as set forth in Section I 11. Included in this Plan is an inventory of the District's schools by type, address and current capacity. (See Table 3 on Page 12) The ratio between permanent capacity and transitional capacity is 97% - 3%. The program capacity is periodically updated for changes in programs, additional classrooms and new schools. Program capacity has been updated in this Plan to reflect program changes and capacity for the new Panther Lake Elementary School and building additions at the high schools. Kent Mountain View Academy (formerly Kent Learning Center and Grandview Elementary) serves Grades 3 — 12 with transition, choice and home school assistance programs. It is located in the former Grandview School in the western part of the District in the city of SeaTac. This school was originally designed as an elementary school and is included in the elementary capacity for this Plan. Kent Phoenix Academy is a non-traditional high school which opened in Fall 2007 in the renovated site and building that formerly served Sequoia Middle School. Kent Phoenix Academy has four special programs including the Performance Learning Center, Gateway, Virtual High School and Kent Success. Kent Success replaced the former Night Academy at Kent-Meridian High School and provides afternoon and evening classes for credit retrieval. Calculation of Elementary, Middle School and Senior High School capacities are set forth in Appendices A, B and C. A map of existing schools is included on Page 13. Kent School District Six-Year Capital Facilities Plan April 2012 Page 11 KENT SCHOOL DISTRICT No.415 INVENTORY and CAPACITY of EXISTING SCHOOLS 2011-2D12 Year SCHOOL Opened ASR ADDRESS Program Capacity ' Carriage Crest Elementary 1990 CC 18235-140th Avenue SE, Renton 98058 452 Cedar Valley Elementary 1971 CV 26500 Timberl Way SE, Covington 98042 380 Covington Elementary 1961 CO 17070 SE Wax Road, Covington 98042 504 Crestwood Elementary 1980 CW 25225-180th Avenue SE, Covington 98042 432 East Hill Elementary 1953 EH 9825 S 240th Street, Kent 98031 476 Emerald Park 1999 EP 11800 SE 216th Street, Kent 98031 504 Fainvood Elementary 1969 FW 16600-148th Avenue SE, Renton 98058 40B George T.Daniel Elementary 1992 DE 11310 SE 248th Street, Kent 98030 456 Glenridge Elementary 1996 GR 19405-120th Avenue SE,Renton 98058 456 Grass Lake Elementary 1971 GL 28700-191st Place SE, Kent 98042 452 Horizon Elementary 1990 HE 27641 -144th Avenue SE, Kent 98042 504 Jenkins Creek Elementary 1987 JC 26915-186th Avenue SE, Covington 98042 404 Kent Elementary 1999/1938 KE 24700-64th Avenue South, Kent 98032 452 Lake Youngs Elementary 1965 LY 19660-142nd Avenue SE, Kent 98042 510 Martin Sortun Elementary 1987 MS 12711 SE 248th Street, Kent 98030 480 Meadow Ridge Elementary 1994 MR 27710-108th Avenue SE. Kent 98030 476 Meridian Elementary 1939 ME 25621 -140th Avenue SE, Kent 98042 524 Millennium Elementary 2000 ML 11919 SE 270th Street, Kent 98030 504 Neely-O'Brien Elementary 1990/1955 NO 6300 South 236th Street, Kent 98032 452 Panther Lake Elementary 2009/1938 PL 20831-108th Avenue SE, Kent 98031 552 Park Orchard Elementary 1963 PO 11010 SE 232nd Street, Kent 98031 486 Pine Tree Elementary 1967 PT 27825-118th Avenue SE, Kent 98030 528 Ridgewood Elementary 1987 RW 18030- 162nd Place SE, Renton 98058 504 Sawyer Woods Elementary 1994 SW 31135-228th Ave SE,Black Diamond 98010 504 Scenic Hill Elementary 1960 SH 26025 Woodland Way South, Kent 98030 476 Sops Creek Elementary 1971 SC 12651 SE 21 Sth Place, Kent 98031 408 Spnngbrook Elementary 1969 SB 20035-100th Avenue SE, Kent 98031 452 Sunrise Elementary 1992 SR 22300-132nd Avenue SE, Kent 98042 504 Elementary TOTAL 13,240 Cedar Heights Middle School 1993 CH 19640 SE 272 Street,Covington 98042 895 Mattson Middle School 1981 MA 16400 SE 251st Street, Covington 98042 787 Meeker Middle School 1970 MK 12600 SE 192nd Street, Renton 98058 832 Meridian Middle School 1958 MM 23480-120th Avenue SE, Kent 98031 792 Mill Creek MS&Technology Academy 2 2005/1952 MC 620 North Central Avenue, Kent 98032 916 Northwood Middle School 1996 NW 17007 SE 184th Street, Renton 98058 926 Middle School TOTAL 5,148 Kent-Meridian HS&Tech Academy 1951 KM 10020 SE 256th Street, Kent 98030 1,904 Kentlake Senior High School 1997 KL 21401 SE 300th Street,Kent 98042 1,957 Kentridge Senior High School 1968 KR 12430 SE 208th Street, Kent 98031 2,277 Kentwood Senior High School 1981 KW 25800-164th Avenue SE, Covington 98042 2,159 Senior High TOTAL 8,297 Kent Mountain View Academy 3 1997;1965 MV/LC 22420 Military Road, Des Moines 98198 410 Kent Phoenix Academy 4 2007/1966 PH 11000 SE 264th Street, Kent 98030 414 DISTRICT TOTAL 27,509 'Changes to capacity reflect program changes and Secondary Capacity updated for 2011-12, 3 Mill Creek Middle School and Technology Academy replaced renovated Kent Junior High in 2005. 'Kent Mountain View Academy serves grades 3-12.The school was formerly known as Kent Learning Center&Grandview Elementary. Kent Phoenix Academy is a non-traditional high school which opened in Fall 2007 in the former Sequoia MS building. Kent School District Six YearCapital Facilities Plan Table 3 April 2012 Page 12 LO c Z oV vcm0 o V c0)`c0 :31 5)> a • o U) .r Q N O Q _'Ie 0 0 `v 3 r N _N p .� .� a z O O O U 2 C o r$ 3v O D �� Nw Yx N O l�0�1 U s N 6 D N C �v(� y6 v� • o e C o Cw '> Nt Pip o° 6E 5 W 9 i FE aW • Y N dN U Y4 CT 0 yo o0 L ^ C Y0 o CC °E Eyr z C 0, ou 00 w Uw ry X� C • d 0`p •Lp w o.� YO_I d� 3C 0� N ��• •x HOC n mE• Z2 3S BAVLlIfl9I. \ 00 T v.v_ jai ,6°c N `o �0 0 NmaCi `UP E m�v T vv N _ N ww 0 �Tw r0 N D .0 2 •0 3S aft L • N �0 •w ON T 74A0b1 t�• N �E —0 `'a "E E N U r y.—NN •w t as BAV PUZ£I. t0} ME 3S arty PUZ£I. N >>' UO 00•.c xD . 0 v N CC . N O 0.2 • � � vOv aE r Q W cr K N v •'o C N NE 'o N EE MNw w 0 Eo • � N0 • i-0o 000 < N O O >j-uN � N 3S aft W Q •�0 v O U - w 1i 4A8DL Y w 6W• 0 C H O Ca: X •N 0 -C - C N a�• ic• _� • 3Saft94AflDt ow Cn p O mN NN -.0 00 co • C N d CE £E oo t 00 —�` CO WE000 v_0 so NW aW ONO NN OC C C C weV �� NE W Cn Y Y 00 Nx 0Mu oD •O Iq Y `De aftt/IneAua� T� y z AnmLl6lb Aallnll AsaM • C • cz N yQ z v Oc E a cV 1T TN ri CO N p0 co Zw y 000 01C • 4 aSnpsreAUP Kent School District Six-Year Capital Facilities Plan April 2012 Page 13 V Six-Year Planning and Construction Plan At the time of preparation of this Plan in spring of 2012, the following projects are completed or in the planning phase in Kent School District: • Three new classrooms were added when the Auxiliary Gym project was completed for Kent-Meridian High School. Completion of the MAIN Gym project also provides additional classroom capacity at Kent-Meridian in 2011-12. • In February 2006, voters approved construction funding for replacement of Panther Lake Elementary School. A new site was acquired nearby and the"New" Panther Lake Elementary opened in Fall 2009 with a 28% increase in capacity. The district received authorization from OSPI for"Old" Panther Lake Elementary School to be held in reserve for utilization in the event of flooding in the Kent Valley. • Planning is in progress for a replacement school for Covington Elementary School. The project is pending satisfactory financial resources to fund the project. • In February 2006, voters also approved construction funding for a future Elementary School to accommodate new growth. • Enrollment projections reflect future need for additional capacity at the elementary school level. Future facility and site needs are reflected in this Plan. • Some funding for lease or purchase of additional portables may be provided by impact fees as needed. Sites are based on need for additional capacity. As a critical component of capital facilities planning, county and city planners and decision-makers are encouraged to consider safe walking conditions for all students when reviewing applications and design plans for new roads and developments. This should include sidewalks for pedestrian safety to and from school and bus stops as well as bus pull-outs and turn-arounds for school buses. Included in this Plan is an inventory of potential projects and sites identified by the District which are potentially acceptable site alternatives in the future. (see Table 4 on Page 15& Site map on Page 16) Voter approved bond issues have included funding for the purchase of sites for some of these and future schools, and the sites acquired to date are included in this Plan. Some funding is secured for purchase of additional sites but some may be funded with impact fees as needed. Not all undeveloped properties meet current school construction requirements and some property may be traded or sold to meet future facility needs. 2006 voter approval of $106M bond issue for capital improvement included the construction funding for a new Elementary School, replacement of Panther Lake Elementary, and classroom additions to high schools. Some impact fees have been or will be applied to those projects. The Board will continue annual review of standard of service and those decisions will be reflected in the each update of the Capital Facilities Plan. Kent School District Six-Year Capital Facilities Plan April 2012 Page 14 KENT SCHOOL DISTRICT No.415 Site Acquisitions and Projects Planned to Provide Additional Capacity Projected Projected %for SCHOOL / FACILITY / SITE LOCATION Type I Status lCompletion Program new Date Capacity Growth Approximate Approximate #on Map ELEMENTARY (Numbers to identify future schools may not correlate with number of existing schools.) Replacement 5 Replacement for Covington Elementary (F) BE 256th Street&154th Ave BE Elementary Planning 2015-16 600 16% Covington Elem- Capacity to be replaced 17070 BE Wax Road, Covington Elementary Planning 2015-16 -504 New Elementary#31 (Actual#29) (U) Location TBD-To be determined 2 Elementary Planning 2016-17 600 100% Site for Elementary#31 (U-Unfunded)' To be determined 2 Site Planning 2015-16 100% MIDDLE SCHOOL No new projects required at this time. SENIOR HIGH No new projects required at this time. Classroom Completed Kent-Meridian HS-Classroom Additions (F) 10020 BE 256th Street,Kent Additions Fall 2011 2011-12 53 100% Additional TEMPORAR I Capacity Relocatables For placement as needed New Planning 2012+ 24-31 each 100% #on Lard use Land Use Map ' OTHER SITES ACQUIRED Deslgnakn Type Jurisdiction 4 Covington area North (Near Mattson MS) BE 251 &164 BE, Covington 98042 Urban Elementary City of Covington 7 Covington area South (Scarsella) BE 290& 156 BE. Kent 98042 Rural Elementary King County 5 Covington area West (Halleson-Wikstrom) BE 256& 154 BE. Covington 98042 Urban Elementary City of Covington 3 Ham Lake area (Pollard) 16820 BE 240, Kent 98042 Rural Elementary King County 8 BE of Lake Morton area (West property) BE 332&204 BE, Kent 98042 Rural Secondary King County 2 Shady Lk area(Sowers,Blaine, Drahota,Paroline) 17426 BE 192 Street, Renton 98058 Urban Elementary King County 1 So. King Co.Activity Center(former Nike site) BE 167&170 BE, Renton 98058 Rural TBD 2 King County 12 South Central site (Plemmons-Yeh-Wms) BE 286th St&124th Ave BE,Auburn 98092 Urban TBD 2 King County Notes: ' Unfunded facility needs will be reviewed in the future. 'TBD-To be determined-Some sites are acquired but placement, timing and/or configuration have not been determined. 'Numbers correspond to sites on Site Bank Map on Page 16.Other Map site locations are parcels identified in Table 7 on Page 26. Kent School District Six-Year Capital Facilities Plan Table 4 April 2012 Page 15 LO O Z 0 : b Cr m � U )3 O : _ ® \ O - \ - OL \ \ / 0.9 } / � d { ; § - 0 )° }) $ ® ` _ _ . ) 1 : 0 0 \ , \ f )0® { _ \t !{ \ �\ ,0 z-IV m 9 -5 2 \ 20 \, w, a \ f\ \ IS �. � © - » \{ ¥i �� / ®» y © EU- -_ \i® `/ jr ® 0 r ` \. 0 ` ®\ jo IS *a 20 3:: _ wo , w_. 0 - - �® .90 w�v IO� , , a a.=e_ .01 \ . , :OE` ,�m ___ _w _ m FacilitiesPlan April m, Page 6 V I Relocatable Classrooms For the purpose of clarification, the term "portables" and the more descriptively accurate term, "relocatables" are used interchangeably in this Plan. The Plan also references use of portables or relocatables as interim or transitional capacity and facilities. Currently, the District utilizes relocatables to house students in excess of permanent capacity, for program purposes at some school locations, and some for other purposes. (see appendices a e CD) Based on enrollment projections, implementation of full day kindergarten programs, program capacity and the need for additional permanent capacity, the District anticipates the need to purchase some additional relocatables during the next six-year period. During the time period covered by this Plan, the District does not anticipate that all of the District's relocatables will be replaced by permanent facilities. During the useful life of some of the relocatables, the school-age population may decline in some communities and increase in others, and these relocatables provide the flexibility to accommodate the immediate needs of the community. Portables, or relocatables, may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school facilities. 2. To cover the gap between the time of demand for increased capacity and completion of permanent school facilities to meet that demand. 3. To meet unique program requirements. Relocatables currently in the District's inventory are continually evaluated resulting in some being improved and some replaced. Quality concerns will be among those addressed by review of capital facilities needs for the next bond issue. The Plan projects that the District will use relocatables to accommodate interim housing needs for the next six years and beyond. The use of relocatables, their impacts on permanent facilities, life cycle and operational costs, and the interrelationship between relocatables, emerging technologies and educational restructuring will continue to be examined. Kent School District Six-Year Capital Facilities Plan April 2012 Page 17 V I I Projected Six-Year Classroom Capacity As stated in Section IV, the program capacity study is periodically updated for changes in special programs and reflects class size fluctuations, grade level splits, etc. As shown in the Inventory and Capacity chart in Table 3 on Page 13, the program capacity is also reflected in the capacity and enrollment comparison charts. (See Tables 5&5 A-B-C on pages 19-22) Enrollment is electronically reported to OSPI on Form P-223 on a monthly basis and funding apportionment is based on Annual Average FTE (AAFTE). The first school day of October is widely recognized as the enrollment "snapshot in time" to report enrollment for the year. Full Time Equivalent (FTE) student enrollment for October 2011 was 25,590.08. Kindergarten students are reported at .5 although all schools provide full day kindergarten ("FDK") with alternative funding for the second half of the day. State Apportionment-funded Full Day Kindergarten programs report and project Kindergarten students at 1.00 FTE at qualifying FDK schools. The P-223 FTE Report excludes Early Childhood Education ("ECE" preschool) students and College-only Running Start students. (See Tables 5&SA-B-Conpages19-22) In October there were 654 students in 11th and 12th grade participating in the Running Start program at 10-21 different colleges and receiving credits toward both high school and college graduation. 323 of these students attended classes only at the college ("college-only") and are excluded from FTE and headcount for capacity and enrollment comparisons. Kent School District has the highest Running Start program participation in the state. Kent School District continues to be the fourth largest district in the state of Washington. P-223 Headcount for October 2011 was 26,616 with kindergarten students counted at 1.0 and excluding ECE and college-only Running Start students. A full headcount of all students enrolled in October 2011 totals 27,397 which includes ECE and college-only Running Start students. Based on the enrollment forecasts, permanent facility inventory and capacity, current standard of service, relocatable capacity, and future planned additional classroom space, the District anticipates having sufficient capacity to house students over the next six years. (See Table 5 and Tables 5 A-B-C on Pages 19-22) This does not mean that some schools will not experience overcrowding. There may be a need for additional relocatables and/or new schools to accommodate growth within the District. New schools may be designed to accommodate placement of future relocatables. Boundary changes, limited and costly movement of relocatables, zoning changes, market conditions, and educational restructuring will all play a major role in addressing overcrowding and underutilization of facilities in different parts of the District. Kent School District Six-Year Capital Facilities Plan April 2012 Page 18 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY TOTAL DISTRICT SCHOOL YEAR 2011-2012 2012-2013 1 2013-2014 2014-2015 1 2015-2016 2016-2017 1 2017-2018 Actual I P R O J E C T E D Permanent Program Capacity ' 27,456 27,509 27,509 27,509 27,509 27,605 28,205 Changes to Permanent Capacity ' Kent-Meridian HS -2011-12 Additions (F) 2 53 Construction completed-2 Classrooms added at KM Replacement school with projected increase in capacity: Covington Elementary 3 (Funded) 600 To Replace current Covington Elementary capacity -504 New Elementary# 31 (actual#29) (Unfunded) 600 Permanent Program Capacity Subtotal 27,509 27,509 27,509 27,509 27,605 28,205 28,205 Interim Relocatable Capacity Elementary Relocatable Capacity Required 360 456 768 984 1080 576 792 Middle School Relocatable Capacity Required 417 0 0 0 0 0 0 0 Senior High Relocatable Capacity Required 0 0 0 0 0 0 0 Total Relocatable Capacity Required 1/6 360 456 768 984 1,080 576 792 TOTAL CAPACITY ' 27,869 27,965 1 28,277 28,493 28,685 28,781 28,997 WKlnd @.5 25,590 Adjusted for FULL Day Kindergarten Headcount TOTAL ENROLLMENT/PROJECTION 5 26,374 26,432 1 26,707 1 26,937 27,087 1 27,278 1 27,475 DISTRICT AVAILABLE CAPACITY ' 1,495 1,533 1,570 1,556 1,598 1,503 1,522 1 Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 Construction completed for classroom additions at Kent-Meridian HS for 2011-12 school year. 3 Replacement school for Covington Elementary will increase capacity and will be built on a different existing urban site. 4 In Fall 2004, 9th grade moved to the high schools which increased capacity available at Middle School 7th 8th grade levels. 5 Enrollment 1 Projections adjusted for FULL Day Kindergarten at ALL Elementary Schools starting in 2011.12. 6. 2011-2012 total classroom relocatable capacity is 1,023. 7 School capacity meets concurrency requirements and no impact fees are proposed for secondary schools. Kent School District Six-Year Capital Facilities Plan Table 5 April 2012 Page 19 KENT SCHOOL DISTRICT No.415 PROJECTED ENROLLMENT and CAPACITY ELEMENTARY - Grades K - 6 SCHOOL YEAR 2011-2012 2012-2013 1 2013-2014 2014-2015 1 2015-2016 2016-2017 1 2017-2018 Actual P R O J E C T E D Elementary Permanent Capacity ' 13,240 13,654 13,654 13,654 13,654 13,750 14,350 Kent Mountain View Academy 2 414 Changes to Elementary Capacity Replacement school with projected increase in capacity: Covington Elementary 4 (Funded) 600 Will replace current Covington Elementary capacity -504 New Elementary#31 5 (Unfunded) 600 Subtotal 13,654 13,654 13,654 13,654 13,750 14,350 14,350 Relocatable Capacity Required ' 360 456 768 984 1080 576 792 TOTAL CAPACITY 112 14,014 14,110 14,422 14,638 14,830 14,926 15,142 wfKlnd @.5 13,2sa Adjusted for FULL Day Kindergarten Headcount ENROLLMENT/PROJECTION a 14,004 14,093 14,402 14,622 14,809 14,909 15,127 SURPLUS (DEFICIT) CAPACITY 10 17 20 16 21 17 15 Number of Relocatables Required 15 19 32 41 45 24 33 45 Classroom Relocatables required in 2015-16. Some additional Relocatables used for program purposes. ' Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 Kent Mountain View Academy is a special program at the former Grandview School serving students in Grades 3- 12. The school building (formerly Kent Learning Center&Grandview Elem.)was designed as an elementary school. 3 Enrollment or Projections reflect FULL Day Kindergarten @ 1.0& exclude ECE Preschoolers. ALL Elementary Schools have FULL Day Kindergarten starting in 2011.12. 4 Replacement school for Covington Elementary will increase capacity and is planned for a different existing urban site. 5 Site selection and construction timing for Elementary#31 is pending review of location and capacity needs. Kent School District Six-Year Capital Facilities Plan Table 5 A April 2012 Page 20 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY MIDDLE SCHOOL - Grades 7 - 8 SCHOOL YEAR 2011-2012 2012-2013 1 2013-2014 2014-2015 1 2015-2016 2016-2017 1 2017-2018 Actual P R O J E C T E D Middle School Permanent Capacity 5,148 5,148 5,148 5,148 5,148 5,148 5,148 Chan es to Middle School Capacit 4 Mill Creek MS&Technology Academy Phase 2 of Renovation completed (No new capacity added in renovation) Subtotal 5,148 5,148 5,148 5,148 5,148 5,148 5,148 Relocatable Capacity Required ' 0 0 0 0 0 0 0 TOTAL CAPACITY ' a 3 5,148 5,148 5,148 5,148 5,148 5,148 5,148 ENROLLMENT/PROJECTION z 4,210 4,223 4,135 4,113 4,185 4,267 4,253 SURPLUS (DEFICIT) CAPACITY 4 938 925 1,013 1,035 963 881 895 Number of Relocatables Required 0 0 0 0 0 0 0 No Classroom Relocatables required at middle schools at this time.Some Relocatables used for classroom and program purposes. ' Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 Approximate Full Time Equivalent Enrollment with Headcount Projections 3 Surplus Capacity due to grade level reconfiguration -All 9th grade students moved to the high schools in Fall 2004. 4 Middle School capacity meets concurrency requirements and no impact fees are collected for middle schools. Kent School District Six-Year Capital Facilities Plan Table 5 B April 2012 Page 21 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY SENIOR HIGH - Grades 9 - 12 SCHOOL YEAR 2011-2012 2012-2013 1 2013-2014 2014-2015 1 2015-2016 2016-2017 1 2017-2018 Actual P R O J E C T E D Senior High Permanent Capacity ' 8,654 8,707 8,707 8,707 8,707 8,707 8,707 Includes Kent Phoenix Academy 2 Changes to High School Capacity Kent-Meridian HS-2011-12 Additions(F) 2 Classrooms added (@ 85i utilization) 53 Subtotal 8,707 8,707 8,707 8,707 8,707 8,707 8,707 Relocatable Capacity Required ' 0 0 0 0 0 0 0 TOTAL CAPACITY ' 8,707 8,707 8,707 8,707 8,707 8,707 8,707 FTE ENROLLMENT I PROJECTION 3 8,160 8,116 8,170 8,202 8,093 8,102 8,095 SURPLUS (DEFICIT) CAPACITY 547 591 537 505 614 605 612 Number of Relocatables Required 0 0 0 0 0 0 0 No Classroom Relocatables required at this time. Some Relocatables used for classroom and program purposes. ' Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 Kent Phoenix Academy opened in Fall 2007 serving grades 9- 12 with four special programs. 3 FTE =Approximate Full Time Equivalent Enrollment or projections, excluding College-only Running Start students. a High School capacity meets concurrency requirements and no impact fees are collected for high schools. Kent School District Six-Year Capital Facilities Plan Table 5 C April 2011 Page 22 V I I I Finance Plan The finance plan shown on Table 6 demonstrates how the Kent School District plans to finance improvements for the years 2012 - 2013 through 2017 - 2018. The financing components include secured and unsecured funding and impact fees. The plan is based on voter approval of future bond issues, collection of impact fees under the State Growth Management Act and voluntary mitigation fees paid pursuant to State Environmental Policy Act. In February 2002, voters approved a $69.5 million bond issue for capital construction and improvements. The bond issue partially funded building additions at three high schools which coincided with moving gth grade students from junior high to senior high schools in September 2004. The District received some State Funding Assistance (formerly known as "state matching funds") and has utilized impact fees for the senior high additions. In February 2006, voters approved a $106 million bond issue that included funds for replacement of Panther Lake Elementary School with increased capacity, as well as construction of a new Elementary School to accommodate growth. The new Panther Lake Elementary School replaced the previous Panther Lake Elementary in Fall of 2009. The bond issue also funded Phase fI of the renovation for Mill Creek Middle School and renovation of Sequoia Middle School for reconfiguration as a non-traditional high school, Kent Phoenix Academy, which opened in September 2007. 2006 construction funding approval also provided for additional classrooms at Kentlake High School and two projects at Kent-Meridian High School. The projects at Kent- Meridian High School provide additional capacity with several new classrooms and gymnasium space. The projects at K-M are completed and the new Main Gym added capacity for two more PE classrooms. Some impact fees have been utilized for the new construction that increased capacity. The district has designated $16 million of the 2006 bond authorization for construction of an additional elementary school, currently scheduled for completion in the fall of 2015. The Finance Plan includes a few new relocatables to provide additional capacity and some may be funded from impact fees. Enrollment projections reflect future need for additional capacity at the elementary level and unfunded facility needs will be reviewed in the future and reported in annual updates of the Capital Facilities Plan. For the Six-Year Finance Plan, costs of future schools are based on estimates from Kent School District Facilities Department. Please see pages 25-26 for a summary of the cost basis. Kent School District Six-Year Capital Facilities Plan April 2012 Page 23 O o 0 0 0 o O o 0 0 0 0 0 0 0 E LL W f9 (A OM p N w N 0 0 o a - N C d W N N � N N O O a V6 p O Q U - p d -ca � t0 U y J 43 O O O p O O O O J O O O O O Q Q O O {7 n M M to r M � M N U � p d N � U N n d a � E O Z p '� Z J p OO 00 j O a N V y y a Q W M M m U w r Z v m c e0 O N of O ro N N j F OLLJ Q d U r a d w fn X x ZLLI o m o c E m m Y N N N E r E j a E N O . O O h V f� V C U f0 N r O r d O d d a _@ w N w £ a d - d N p N p d u N O Tp O O O _O 3 d O 4 O C d O U N N N N N U a N a d a C VY OVh U E � a in m E m - d C _ d U d U U W H U f �n H min a U y d y m G m E a J Q E p w m 1 �d t ¢ K p Z F-- E � N m o O c m 5 d w o a m W a li a O E [d i ~ Q ry W m L d O d d '> W N LL O m H LL U LL Y U W 0 V i I i Finance Plan - Cost Basis Summary For impact fee calculations, construction costs are based on cost of the last elementary school, adjusted for inflation, and projected cost of the next elementary school. Elementary School Cost Projected Cost Millennium Elementary #30 Opened in 2000 $12,182,768 Cost of Panther Lake Elementary Replacement (Opened in Fall 2009) $26,700,000 Projected cost - Covington Elementary Replacement (Projected to open in 2015) $31,840,000 Projected cost of Elementary #31 in 2016 $33,400,000 Average cost of Covington Elementary Replacement & Elementary #31 $32,620,000 Construction cost of high school addition: Senior High School Additions Projected Cost Total Kent-Meridian HS — 2011-12 Addition #2 $1,500,000 Classroom Additions only Construction cost of new HS capacity Completed Site Acquisition Cost The site acquisition cost is based on an average cost of sites purchased or built on within the last ten years. Please see Table 7 on page 27 for a list of site acquisition costs and averages. District Adjustment The impact fee calculations on pages 28 and 29 include a "District Adjustment' to reduce the fees calculated by the impact fee formulas. Based on current economic conditions, the District has adjusted the impact fees to keep the same rates as those currently in place and made no adjustment for increase in the Consumer Price Index. Kent School District Six-Year Capital Facilities Plan April 2012 Page 25 m N N U v @ m N N @ (N N (O Q U m CO Q N @ r « Nu Q m N m h @o a N N fR n O It M V N W ~ J Q N O N m co N N O M ^ (O IQ o to (h W (O O (O O h N O o U 7 O (p O CO O 7 M M Om 't U O _ A W W p KT d3 fR fA V3 H3 69 rn N � � ° M O O (o @ (O ~ � w a A @ @ m �/f O O N N F. U 3 0 V « m m n m C 0N d y N ay p fn C 0] o p n ++ o m in 4 J N 9 N N o w �$ N ON N N W w W N w W W L. O ,a 1O O m N 17 N ry N 1- V L N 00 4 0 0 0 o m Z W w o @ o N C 0 2 ° O W �O L N Y Y 9 m ay o s m m O m E o c a 2 o m a 00 2 U o U `o m d c 0 O O R d co n .d O a v N V U C o m @ Q .c a o n '' z °_ o o w m U Q > o C ° O CO 2m u d m @ U W @ L L = 7 O 'Y Q N N C cL N m LL Y � ° _ m U s c m N N o V7 m 0 a � o Y Y @ w p y L O > O @ ° W Z' @ o E o a W Z m Y Y Y 2 S y 6 Co65 O c ° r c s Q 12 a} m -2 n c n a D Q Z ? 3 0 w � o � N c m Y KENT SCHOOL DISTRICT FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS Student Generation Factors -Single Family Student Generation Factors - Multi-Family Elementary (Grades K-6) 0.486 Elementary 0.331 Middle School (Grades 7 -8) 0.130 Middle School 0.067 Senior High (Grades 9 - 12) 0.250 Senior High 0.124 Total 0.866 Total 0.522 Projected Increased Student Capacity OSPI -Square Footage per Student Elementary 600 Elementary 90 Middle School 0 Middle School 117 Senior High Addition 0 Senior High 130 Special Education 144 Required Site Acreage per Facility Elementary (required) 11 Average Site Cost I Acre Middle School (required) 21 Elementary $287,573 Senior High (required) 32 Middle School $0 Senior High $0 New Facility Construction Cost Elementary * $32,620,000 Temporary Facility Capacity & Cost Middle School $0 Elementary @ 24 $132,000 Senior High * $0 Middle School @ 29 $0 *See cost basis on Pg. 25 Senior High @ 31 $0 Temporary Facility Square Footage State Funding Assistance Credit(fermerly"stare Match") Elementary 70,892 District Funding Assistance Percentage 56.65% Middle School 16,376 Senior High 22,064 Total 3% 109,332 Construction Cost Allowance CCA-Cost/Sq.Ft. Area Cost Allowance(Effective July 11) $188.55 Permanent Facility Square Footage Elementary (Includes KMVA) 1,470,543 Middle School 667,829 District Average Assessed Value Senior High 1,111,036 Single Family Residence $249,981 Total 97% 3,249,408 Total Facilities Square Footage District Average Assessed Value Elementary 1,541,435 Multi-Family Residence $95,379 Middle School 667,829 Apartments 71%Condos 29% Senior High 1,133,100 Total 3,342,364 Bond Levy Tax Ratel$1,000 Current /$1,000 Tax Rate(I.74641) $1.75 Developer Provided Sites 1 Facilities Value 0 General Obligation Bond Interest Rate Dwelling Units 0 Current Bond Interest Rate 3.84% Kent School District Six-Year Capital Facilities Plan April 2012 Page 27 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE Site Acquisition Cost per Single Family Residence Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Acre I Facility Capacity I Student Factor A 1 (Elementary) 11 $287,573 600 0.486 $2,562.28 A 2 (Middle School) 21 $0 1,065 0.130 $0 A 3 (Senior High) 32 $0 1,000 0.250 $0 0.866 A {' $2,562,28 Permanent Facility Construction Cost per Single Family Residence Formula: ((Facility Cost 1 Facility Capacity)x Student Factor)x(Permanentfrolal Square Footage Ratio) Construction Cost Facility Capacity Student Factor I Footage Ratio B 1 (Elementary) $32.620,000 600 0.486 0.97 $25,629.53 B 2 (Middle School) $0 900 0.130 0.97 $0 B 3 (Senior High) $0 53 0.250 0.97 $0 0.866 B b $25,629.53 Temporary Facility Cost per Single Family Residence Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor I Footage Ratio C 1 (Elementary) $132.000 24 0.486 0.03 $80.19 C 2 (Middle School) $0 29 0,130 0.03 $0 C 3 (Senior High) $0 31 0.250 0.03 $0 0.866 C $80.19 State Funding Assistance Credit per Single Family Residence (formerly"State Match") Formula: Area Cost Allowance x SPI Square Feet per student x Funding Assistance% x Student Factor Area Cost Allowance I SPI Sq.Ft./Student I Equalization% I Student Factor D 1 (Elementary) $188.55 90 0.5665 0.486 $4,672.03 D 2 (Middle School) $188.55 117 0 0,130 $0 D 3 (Senior High) $188.55 130 0 0.250 $0 D {' S4,672.03 Tax Credit per Single Family Residence Average SF Residential Assessed Value $249,981 Current Capital Levy Rate 1$1,000 $1.75 Current Bond Interest Rate 3.84% Years Amortized (10 Years) 10 TC b $3,569.34 Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 PC b 0 Fee Recap A = Site Acquisition per SF Residence $2,562,28 B = Permanent Facility Cost per Residence $25,629.53 C = Temporary Facility Cost per Residence $80.19 Subtotal S28,272.00 D = State Match Credit per Residence $4,672.03 TC=Tax Credit per Residence $3,569.34 Subtotal - $8,241.37 Total Unfunded Need $20,030.63 50%Developer Fee Obligation $10,015 FC= Facility Credit(if applicable) 0 District Adjustment (See Page 26 for explanation) ($4,529) Net Fee Obligation per Residence-Single Family $5,486 Kent School District Six-Year Capital Facilities Plan April 2012 Page 28 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE Site Acquisition Cost per Multi-Family Residence Unit Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Acre I Facility Capacity I Student Factor A 1 (Elementary) 11 $287,573 500 0.331 $2,094.11 A 2 (Middle School) 21 $0 1,065 0.067 $0 A 3 (Senior High) 32 $0 1,000 0.124 $0 0,522 A -0 $2,094.11 Permanent Facility Construction Cost per Multi-Family Residence Unit Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor I Footage Ratio B 1 (Elementary) $32,620,000 600 0.331 0.97 $17,455.51 B 2 (Middle School) $0 900 0.067 0.97 $0 B 3 (Senior High) $0 53 0.124 0.97 $0 0,522 B -0 $17,455.51 Temporary Facility Cost per Multi-Family Residence Unit Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor I Footage Ratio C 1 (Elementary) $132,000 24 0,331 0.03 $54.62 C 2 (Middle School) $0 29 0.067 0.03 $0 C 3 (Senior High) $0 31 0.124 0.03 $0 0.522 C K' $54.62 State Funding Assistance Credit per Multi-Family Residence (formerly"State Match") Formula: Area Cost Allowance x SPI Square Feet per student x Funding Assistance% x Student Factor Area Cost Allowance I SPI Sq.Ft.I Student I Equalization% I Stutlent Factor D 1 (Elementary) $188.55 90 0.5665 0.331 $3,181.98 D 2 (Middle School) $188.55 117 0 0.067 $0 D 3 (Senior High) $188,55 130 0 0.124 $0 D K' $3,181.98 Tax Credit per Multi-Family Residence Unit Average MF Residential Assessed Value $95,379 Current Capital Levy Rate!S1,000 $1.75 Current Bond Interest Rate 3.84% Years Amortized (10 Years) 10 TC b $1,361.86 Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC b 0 Fee Recap A = Site Acquisition per Multi-Family Unit $2,094.11 B = Permanent Facility Cost per MF Unit $17,455.51 C = Temporary Facility Cost per MF Unit $54.62 Subtotal $19.604.23 D = State Match Credit per MF Unit $3,181.98 TC=Tax Credit per MF Unit $1,,361.86 Subtotal - $4,543.84 Total Unfunded Need $15,060.39 50% Developer Fee Obligation $7,530 FC= Facility Credit(if applicable) 0 District Adjustment (See Page 26 for explanation) ($4,152) Net Fee Obligation per Residential Unit-Multi-family $3,378 Kent School District Six-Year Capital Facilities Plan April 2012 Page 29 IX Summary of Changes to April 2011 Capital Facilities Plan The Capital Facilities Plan (the "Plan") is updated annually based on previous Plans in effect since 1993. The primary changes from the April 2011 Plan are summarized here. New Panther Lake Elementary School replaced "Old" Panther Lake Elementary and opened in Fall 2009. "Old" Panther Lake Elementary is still being held in reserve for utilization in the event of flood emergency in the Kent Valley. Future projects include potential replacement and expansion of Covington Elementary, and future new Elementary School #31 (actual #29). Project that increased capacity at Kent-Meridian HS was completed and removed from Finance Plan & Fee Charts. Changes to capacity continue to reflect fluctuations in class size as well as program changes. Changes in relocatables or transitional capacity reflect use, lease or purchase, sale, surplus and/or movement between facilities. The student enrollment forecast is updated annually. All Elementary schools now have Full Day Kindergarten so previous Kindergarten Chart (Table 2A on page 8) was deleted from the CFP. Six-year Kindergarten projections were previously modified to meet the requirements for Full Day Kindergarten programs at all Elementary schools. The district expects to receive some State Funding Assistance (formerly called "state matching funds") for projects in this Plan and tax credit factors are updated annually. Unfunded site and facility needs will be reviewed in the future. Based on current economic conditions, the District Adjustment results in no change to the current impact fees. Changes to Impact Fee Calculation Factors include: ITEM Grade/Type FROM TO Comments Student Generation Factor Elem 0.445 0A86 Single Family(SF) MS 0.118 0.130 SH 0.245 0.250 Total 0.808 0.866 + .58 Student Generation Factor Elam 0.296 0 331 Multi-Family (MF) MS 0.075 0.067 SH 0.111 0.124 Total 0.482 0.522 + .40 State Funding Assistance Ratios (State Match") 56.65% 56.65% Per OSPI Website Area Cost Allowance (former Boeckh Index) $180.17 $188.55 Per OSPI Website Average Assessed Valuation (AV) SF $268,279 $249,981 Per Puget Sound ESD AV-Average of Condominiums & Apts. MF $99.888 $95,379 Per Puget Sound ESD Debt Service Capital Levy Rate/$1000 S1.84 $1.75 Per King Co.Assessor Report General Obligation Bond Interest Rate 4 91% 3,84% Market Rate Impact Fee -Single Family SF $5,486 $5,486 No Change to Impact Fee Impact Fee - Multi-Family MF $3.378 $3.378 No Change to Impact Fee Kent School District Six-Year Capital Facilities Plan April 2012 Page 30 X Appendixes Appendix A: Calculations of Capacities for Elementary Schools Appendix B: Calculations of Capacities for Middle Schools Appendix C: Calculations of Capacities for Senior High Schools Appendix D: Use of Relocatables Appendix E: Student Generation Factor Survey Kent School District Six-Year Capital Facilities Plan April 2012 Page 31 N W N N a E N r o o E o Z c o N LU 8 v Q m o C N a E Y P m . m N NO m N Q V 00 f0 Vl f Y N O Q N n h O V O. 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Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action: 1. The adoption of the Kent School District 2012 Six-Year Capital Facilities Plan by the Kent School District for the purposes of planning for the facilities needs of the District. 2. The amendment of the King County Comprehensive Plan to include the Kent School District 2012 Capital Facilities Plan as a part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 3. The amendment of the Comprehensive Plan of the City of Kent to include the Kent School District's 2012 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Kent. 4. The amendment of the Comprehensive Plan of the City of Covington to include the Kent School District's 2012 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Covington. 5. The amendment of the Comprehensive Plan of the City of Renton to include the Kent School District's 2012 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Renton. 6. The amendment of the Comprehensive Plan of the City of Auburn to include the Kent School District's 2012 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Auburn. 7. This proposal may also involve amendment of Comprehensive Plans of the Cities of Black Diamond, Maple Valley, and/or SeaTac to incorporate the Kent School District 2012 Capital Facilities Plan into the Capital Facilities element of that jurisdiction's Comprehensive Plan. Proponent: Kent School District No. 415 Location of the Proposal: The Kent School District includes an area of approximately 70 square miles. The City of Covington and portions of the cities of Kent, Renton, Auburn, Black Diamond, Maple Valley, and SeaTac fall within the District's boundaries, as do parts of unincorporated King County. Lead Agency Kent School District No. 415 is the lead agency pursuant to WAC 197-11-926. The lead agency for this proposal has determined that the proposal does not pose a probable significant adverse impact to the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030 (2) (c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Non-significance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 4:00 p.m., June _L', 2012. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. F f Responsible Official: Iits Dr. Richard A. Stedry, Chief Business Officer for Kent School District No. 415 Telephone: (253) 373-7295 Address: 12033 SE 256th Street#A-600 Kent, Washington 98030-6643 Appeals of this determination are governed by Board Policy No. 9280 which can be obtained from Dr. Richard A. Stedry, Chief Business Officer, Kent School District No. 415, 12033 SE 256th Street#A-600, Kent, Washington 98030-6643 and pursuant to WAC 197-11- 680 and RCW 43.21 C.075. Date of Issue: May , 2012 Date Published: May _r', 2012 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply". In addition, complete the Supplemental Sheet for nonproject actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "prepares," and "affected geographic area," respectively. i A. BACKGROUND 1. Name of proposed project, if applicable: The adoption of a six-year Capital Facilities Plan by the Kent School District. The Comprehensive Plans of King County, City of Kent, City of Covington, City of Renton, City of Auburn and possibly Cities of Maple Valley, Black Diamond and SeaTac have been and/or will be amended to include the Kent School District 2012 Capital Facilities Plan in the Capital Facilities Plan Element of each jurisdiction's Comprehensive Plan. A copy of the District's Plan is available for review in the District Finance & Planning Department. 2. Name of applicant: Kent School District No. 415. 3. Address and phone number of applicant and contact person: Kent School District No. 415 12033 SE 256th Street #A-600 Kent, WA 98030-6643 Contact Person: Dr. Richard A. Stedry, Chief Business Officer Telephone: (253) 373-7295 4. Date checklist prepared: April 9, 2012 5. Agency requesting checklist: Kent School District No. 415 6. Proposed timing or schedule (including phasing, if applicable): The 2012 Kent School District Capital Facilities Plan is scheduled to be forwarded to King County, Cities of Kent, Covington, Renton, Auburn, Maple Valley, Black Diamond, and SeaTac for possible inclusion in each jurisdiction's Comprehensive Plan. The Capital Facilities Plan will be updated annually. Site-specific projects have been or will be subject to project-specific environmental review. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The Capital Facilities Plan reviews classroom additions to one existing high school and proposes construction of a new elementary school and a replacement of Covington Elementary School 2 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The above-referenced projects will undergo environmental review at the time of formal proposal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. 10. List any government approvals or permits that will be needed for your proposal, if known. King County and Cities of Kent, Covington and Auburn will review and approve the Capital Facilities Plan for the purposes of impact fee ordinances and will need to adopt the Plan as an amendment to the Capital Facilities Plan element of the Comprehensive Plans of King County and Cities of Kent, Covington, Renton and Auburn. Cities of Maple Valley, Black Diamond, and SeaTac may also review and approve the Plan for the purposes of any school impact fee ordinances and may adopt the Plan as an amendment to the Capital Facilities element of their Comprehensive Plans. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a non-project action. This proposal involves the adoption of the Kent School District 2012 Capital Facilities Plan for the purpose of planning the facilities needs of the District and for inclusion in the Capital Facilities Plan element and possible amendment of the Comprehensive Plans for King County, City of Covington, City of Kent, City of Renton, City of Auburn, City of Black Diamond, City of SeaTac and City of Maple Valley. A copy of the Capital Facilities Plan may be viewed at the Kent School District Business Services Department office. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The 2012 Capital Facilities Plan will affect the Kent School District. The District includes an area of approximately 70 square miles. The City of Covington, and portions of the Cities of Kent, Auburn, Renton, Black Diamond, Maple Valley, SeaTac and parts of unincorporated King County fall within the District's boundaries. 3 B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The Kent School District is comprised of a variety of topographic land forms and gradients, including all of those listed. Specific topographic characteristics will be identified during the planning and permit process for each capital project. b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics will be identified during the planning and permit process for each capital project. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Specific soil types will be identified during the planning and permit process for each capital project. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Kent School District. Specific soil limitations on individual project sites will be identified at the time of environmental review. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan will be subject to project- specific environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of fill materials will be identified as appropriate to each project. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of construction projects currently proposed in the Capital Facilities Plan. Individual projects and their erosion impacts will be evaluated on a site-specific basis. Individual projects will be subject to environmental review and local approval on the time of proposal. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) Percentage of impervious cover will vary with each capital facilities project and will be addressed during project-specific environmental review. 4 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Erosion potential on individual project sites will be addressed during project-specific environmental review. Relevant erosion reduction and control requirements will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from individual projects. Air-quality impacts will be evaluated during project-specific environmental review. Please see the Supplemental Sheet for Non-project Actions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Off-site sources and necessary mitigation will be addressed during project-specific environmental review. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Plans for individual projects included in the Capital Facilities Plan have been or will be subject to environmental review and relevant local approval processes, including obtaining of any necessary air quality permits, at the time individual projects are formally proposed. Please see the Supplemental Sheet for Non-project Actions. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Kent School District. The surface water regimes and flow patterns have been or will be researched and incorporated in the design of each individual project. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Some projects may require work near these described waters. Individual projects in the Capital Facilities Plan will be subject to environmental review and local approval requirements at the time the project is formally proposed. 5 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to placement or removal of fill or dredge material will be addressed at the time of project-specific environmental review. Applicable local regulations have been or will be satisfied. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions have been or will be addressed during project-specific environmental review. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Each capital facilities project, if located in a floodplain area, will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Specific information regarding discharges of waste materials, if any, will be addressed during project-specific environmental review. Please see the Supplemental Sheet for Non-project Actions. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact ground water resources. Each project will be evaluated during project-specific environmental review. Applicable local regulations have been or will be satisfied. Please see the Supplemental Sheet for Non-project Actions. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Impacts of discharged waste material, if any, have been or will be addressed during site-specific, project-level environmental review. 6 c. Water Runoff(including storm water). 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have varying storm water runoff consequences. Each project will be subject to environmental review and applicable local regulations. 2) Could waste materials enter ground or surface waters? If so, generally describe. Individual projects included in the Capital Facilities Plan will have varying environmental impacts and will be subject to appropriate review and local regulations prior to construction. Information regarding waste materials will be presented at the time of such review. Please see the Supplemental Sheet for Non-project Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts have been or will be developed on a project-specific basis in cooperation with the appropriate jurisdiction. 4. Plants. a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation There are various vegetative zones within the Kent School District. An inventory of species has been or will be produced as part of project-specific environmental review. b. What kind and amount of vegetation will be removed or altered? Impacts on vegetation will be determined at the time of project-specific environmental review at the time the project is formally proposed. Please see the Supplemental Sheet for Non-project Actions. c. List threatened or endangered species known to be on or near the site. Specific impacts to these species from individual projects have been or will be determined at the time of project proposal and will be addressed during site-specific, project-level environmental review. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Individual projects included in the Capital Facilities Plan will be subject to environmental review and local approval at the time of project proposal. 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species observed on or near sites has been or will be developed during project-specific environmental review. b. List any threatened or endangered species known to be on or near the site. Specific impacts to these species from individual projects will be determined at the time of project proposal and will be reviewed in cooperation with the affected jurisdictions. c. Is the site part of a migration route? If so, explain. Impacts on migration routes, if any, will be addressed during site-specific, project- level environmental review. s d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife have been or will be determined at the time of site-specific, project-level environmental review. 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires a life-cycle cost analysis of all heating, lighting, and insulating systems prior to allowing specific projects to proceed. Energy needs will be decided at the time of specific engineering and site design planning. Please see the Supplemental Sheet for Non-project Actions. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: Individual projects of this Capital Facilities Plan will be evaluated as to their impact on the solar potential of adjacent projects during environmental review. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures will be considered at the project-specific design phase and environmental review. 7. Environmental Health. a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Non-project Actions. 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Non-project Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: Proposed projects will comply with all current codes, standards, and rules and regulations. Individual projects have been or will be subject to environmental review and local approval at the time of formal submittal. 9 b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? A variety of noises exist within the Kent School District. Specific noise sources have been or will be identified during project-specific environmental review. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example. traffic, construction, operation, other)? Indicate what hours noise would come from the site. Normal construction noises would exist on a short-term basis during school construction. There could be an increase in traffic or operations-related noise which would be addressed during project specific environmental review. Please see the Supplemental Sheet for Non-project Actions. 3) Proposed measures to reduce or control noise impacts, if any: Project noise impacts have been or will be evaluated and mitigated during the project-specific environmental review. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use. a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Kent School District, including residential, commercial, industrial, institutional, utility, agricultural, forestry, open space, recreational, etc. b. Has the site been used for agriculture? If so, describe. This question will be addressed during site-specific, project-level environmental review. c. Describe any structures on the site. Structures located on proposed sites have been or will be identified and described during project-specific environmental review when appropriate. d. Will any structures be demolished? If so, what? Structures to be demolished, if any, will be identified as part of the project-specific environmental review process. e. What is the current zoning classification of the site? 10 There are a variety of zoning classifications within the Kent School District. Site specific zoning information has been or will be identified during project-specific environmental review. f. What is the current comprehensive plan designation of the site? An inventory of comprehensive plan designations has been or will be completed during project-specific environmental review. g. If applicable, what is the current shoreline master program designation of the site? Any shoreline master program designations have been or will be identified during project-specific environmental review. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Environmentally sensitive areas, if any, will be identified during project-specific environmental review. i. Approximately how many people would reside or work in the completed project? This information has been or will be provided at the time of project-specific environmental review. j. Approximately how many people would the completed project displace? It is not anticipated that proposed projects will displace any people. Displacement of people, if any, will be evaluated during project-specific environmental review. k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan will be subject to project- specific environmental review and local approval at the time the project is formally proposed. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Compatibility of the proposal and specific projects with existing uses and plans have been or will be assessed as part of the comprehensive planning process and during project-specific environmental review. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Any impact of project proposals on existing housing has been or would be evaluated during project-specific environmental review procedures. c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts have been or will be addressed during site-specific, project-level environmental review. 10. Aesthetics: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Aesthetic impacts have been or will be determined at the time of site-specific, project- level environmental review. b. What views in the immediate vicinity would be altered or obstructed? Aesthetic impacts have been or will be determined at the time of site-specific, project- level environmental review. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control aesthetic impacts have been or will be determined at the time of project-specific environmental review. 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light or glare impacts have been or will be determined at the time of project-specific environmental review. b. Could light or glare from the finished project be a safety hazard or interfere with views? Light or glare impacts have been or will be determined at the time of project-specific environmental review. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare have been or will be evaluated at the time of project specific environmental review. 12 d. Proposed measures to reduce or control light and glare impacts, if any: Mitigation of light and glare impact has been or will be addressed during project- specific environmental review. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Kent School District. b. Would the proposed project displace any existing recreational uses? If so, describe. Recreational impacts have been or will be addressed during project specific environmental review. Projects in the Capital Facilities Plan may enhance recreational opportunities and uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Any adverse effects on recreation stemming from individual project proposals have been or will be subject to mitigation during the environmental review procedure. A school site usually provides recreational facilities to the community in the form of additional play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. The existence of historic and cultural resources will be determined at the time of project-specific environmental review. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites has been or will be conducted as part of project specific environmental review. c. Proposed measures to reduce or control impacts, if any: Appropriate measures have been or will be proposed on a project-specific basis. 13 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Impact on public streets and highways has been or will be assessed during project- specific environmental review. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between specific projects and public transit has been or will be assessed during project-specific environmental review. c. How many parking spaces would the completed project have? How many would the project eliminate? An inventory of parking spaces and the impacts of specific projects on parking spaces have been or will be conducted during project-specific environmental review. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The development of new schools may require new access roads or streets. This issue will be fully addressed during project-specific environmental review. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail or air transportation has been or will be addressed during site- specific, project-level environmental review. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Each project proposal has been or will be separately evaluated as to traffic impacts. g. Proposed measures to reduce or control transportation impacts, if any: Mitigation of impacts on transportation has been or will be addressed during project- specific environmental review. 15. Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. 14 The District does not anticipate that the projects identified in the Capital Facilities Plan will substantially increase the need for other public services. Impacts have been or will be evaluated on a project-specific basis. b. Proposed measures to reduce or control direct impacts on public services, if any. Schools are built with automatic security systems, fire alarms, smoke alarms, heat sensors and sprinkler systems. 16. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Utilities available at project sites have been or will be identified during project specific environmental review. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs will be identified during project-specific environmental review. C. SIGNATURE The abgv answers are true and complete to the best of my knowledge. I understand that thelead agency is relying on them to make its decision. f Signature: IDr. Richard A. Stedry, Chief Business Officer Date Submitted: May , 2012 15 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent this Plan makes it more likely that school facilities will be constructed, and/or renovated or remodeled, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, parking lots, sidewalks, access roads and playgrounds will increase storm water runoff, which could enter surface or ground water. Emissions to air could result from heating systems, emergency generators and other equipment, and from additional car and bus trips to and from the school for students and faculty. Any emissions resulting from this Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of storage of diesel fuel or gasoline for emergency generating equipment. Noise may result from additional traffic and from concentrating several hundred children at a new facility, especially before and after school and during recesses. To the extent this proposal allows additional residential development to occur, these impacts would also increase somewhat, but it is not possible to quantify those impacts at this time. The impacts would depend on the type, location and distribution of housing, for example, whether single or multiple family and the location of the school. Proposed measures to avoid or reduce such increases are: Facilities implementing the Plan have been or will be evaluated at the project specific level and impacts will be mitigated accordingly. Storm water detention and runoff will meet applicable County and/or City requirements and, depending on the date of actual construction, may be subject to a National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will be minimal, and will meet any applicable requirements of the Puget Sound Air Pollution Control Authority. Fuel oil will be stored according to local and state requirements. 16 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Plan itself will have no impact on these elements of the environment. Depending on the particular site, construction of facilities may require clearing sites of plants and loss of animal habitat. To the extent residential development is allowed, additional area may be cleared and eliminated as habitat for animals. There are not likely to be any impacts on fish or marine life, although some water quality degradation in streams and rivers could occur due to increased residential development. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Individual projects will be evaluated and mitigated appropriately on a project-specific basis, but specific mitigation proposals cannot be identified at this time. 3. How would the proposal be likely to deplete energy or natural resources? Any actual projects resulting from this Plan would consume heating fuel and electrical energy. Increased traffic resulting from the construction of additional facilities would consume petroleum based fuels. Reduced traffic resulting from construction of another neighborhood school may also reduce amounts of fuel consumed, but it is not possible to quantify such reduction in consumption at this time. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate. Proposed measures to protect or conserve energy and natural resources are: Facilities would be constructed in accordance with applicable energy efficiency standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Plan and facilities constructed pursuant to the Plan should have no impact on these resources. It is not possible to predict whether other development made possible by this Plan would affect sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: No specific measures are being proposed at this time. Appropriate measures have been or will be proposed during project-specific review. Annual updates of this Plan will be coordinated with King County, Cities of Kent, Covington, Renton, Auburn, Black Diamond, SeaTac, and Maple Valley as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the School District's facilities planning process is part of the overall growth management planning process, these resources are more likely to be protected. 17 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline management plans. Proposed measures to avoid or reduce shoreline and land use impacts are: None are proposed at this time. Actual facilities constructed to implement the Plan will be sited and constructed to avoid or reduce land use impacts. & How would the proposal be likely to increase demands on transportation or public services and utilities? This proposal should not create substantial new demands for transportation. The projects included in the Capital Facilities Plan may create an increase in traffic near new District facilities but also reduce traffic by creating the opportunity for more students to walk to a closer school. The construction of the facilities included in the Capital Facilities Plan may result in minor increases in the demand for public services and utilities, such as fire and police protection, and water, sewer, and electric utilities. None of these impacts are likely to be significant. The impacts on transportation and public services and utilities of the projects included in the Capital Facilities Plan will be addressed during project-level review when appropriate. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The Kent School District Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. is FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN f r I �I� x f^u5/��r1�At A n� ^ �uya oull�'4WE�NF.R FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Tony Moore Angela Griffin Ed Barney Danny Peterson Claire Wilson SUPERINTENDENT Rob Neu Prepared by: Sally D. McLean Tanya Nascimento FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS 1 INTRODUCTION 2 SECTION 1 THE CAPITAL FACILITIES PLAN Introduction 3 Inventory of Educational Facilities 4 Inventory of Non-Instructional Facilities 5 Needs Forecast- Existing Facilities 6 Needs Forecast- New Facilities 7 Six Year Finance Plan 8 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 9 Map - Elementary Boundaries 10 Map - Middle School Boundaries 11 Map - High School Boundaries 12 SECTION 3 SUPPORT DOCUMENTATION Introduction 13 Building Capacities 14-15 Portable Locations 16-17 Student Forecast 18-20 Capacity Summaries 21-25 King County Impact Fee Calculations 26-28 SECTION 4 SUMMARY OF CHANGES FROM THE 2011 29-31 PLAN 1 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, City of Kent Ordinance No.3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2013 Capital Facilities Plan as of May 2012. This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance. The City of Des Moines collects school impact fees as part of the SEPA process. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture, and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies or management need. Currently,the District plans to replace Federal Way High School and to increase capacity by approximately 200 students. Federal Way High School was built in 1938. The estimated cost to rebuild Federal Way High School is $110 million. This includes $21 million for construction inflation and is not included in the Finance Plan or Impact Fee calculation. Final construction costs are under consideration by the Board for the November 2012 levy election. The District continues to monitor factors that may have an impact on enrollment and capacity at our schools. One such factor is SHB 2776, which will phase in full-day kindergarten for all students and decrease K-3 class size from 20 to 17. This is proposed to be fully funded by 2017-18. Using current enrollment,the decrease in class size would create the need for an additional 58 classes for K-3 students. This classroom need is expected to fluctuate due to changing demographics. We will also continue to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the coming years. We currently have two areas under review for boundary changes. The maps included in this Plan reflect our current boundaries. 2 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 1 - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this. 3 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS (K-5) Adelaide 1635 SW 304" St Federal Way 98023 Brigadoon 3601 SW 336' St Federal Way 98023 Camelot 4041 S 298' St Auburn 98001 Enterprise 35101 5' Ave SW Federal Way 98023 Green Gables 32607 47' Ave SW Federal Way 98023 Lake Dolloff 4200 S 308' St Auburn 98001 Lake Grove 303 SW 308' St Federal Way 98023 Lakeland 35827 32vd Ave S Auburn 98001 Mark Twain 2450 S Star Lake Rd Federal Way 98003 Meredith Hill 5830 S 300' St Auburn 98001 Mirror Lake 625 S 314' St Federal Way 98003 Nautilus (K-8) 1000 S 289" St Federal Way 98003 Olympic View 2626 SW 327' St Federal Way 98023 Panther Lake 34424 1"Ave S Federal Way 98003 Rainier View 3015 S 368' St Federal Way 98003 Sherwood Forest 34600 12' Ave SW Federal Way 98023 Silver Lake 1310 SW 325" PI Federal Way 98023 Star Lake 4014 S 270' St Kent 98032 Sunnycrest 24629 42°d Ave S Kent 98032 Twin Lakes 4400 SW 320" St Federal Way 98023 Valhalla 27847 42"d Ave S Auburn 98001 Wildwood 2405 S 300' St Federal Way 98003 Woodmont(K-8) 26454 16" Ave S Des Moines 98198 MIDDLE SCHOOLS (6-8) Federal Way Public Academy (6-10) 34620 9' Ave S Federal Way 98003 Illahee 36001 1"Ave S Federal Way 98003 Kilo 4400 S 308' St Auburn 98001 Lakota 1415 SW 314" St Federal Way 98023 Sacajawea 1101 S Dash Point Rd Federal Way 98003 Saghalie 33914 19' Ave SW Federal Way 98023 Sequoyah 3450 S 360" ST Auburn 98001 Totem 26630 40' Ave S Kent 98032 TAF Academy (6-12) 26630 40' Ave S Kent 98032 HIGH SCHOOLS (9-12) Decatur 2800 SW 320' St Federal Way 98023 Federal Way 30611 16' Ave S Federal Way 98003 Thomas Jefferson 4248 S 288' St Auburn 98001 Todd Beamer 35999 16' Ave S Federal Way 98003 Career Academy at Truman 31455 28" Ave S Federal Way 98003 ADDITIONAL SCHOOLS Internet Academy (K-12) 31455 28"'Ave S Federal Way 98003 Merit School(6-12) 36001 1"Ave S Federal Way 98003 Employment Transition Program(12+) 33250 214 Ave SW Federal Way 98023 4 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Propertv Central Kitchen 1344 S 308t' St Federal Way 98003 Federal Way Memorial Field 1300 S 308t' St Federal Way 98003 Educational Services Center 33330 8t' Ave S Federal Way 98003 Support Services Center 1211 S 332°d St Federal Way 98003 Surplussed Space Administrative Building 31405 18t' Ave S Federal Way 98003 MOT Site 1066 S 320t' St Federal Way 98003 Notes: In January 2012,the Administrative Building, Community Resource Center, and Student Support Annex were combined into the Educational Services Center. Central Kitchen will be relocated to this site in late 2012. The Administration Building and MOT Site have been surplussed and will be marketed for sale. Undeveloped Propertv Site Location 75 SW 360th Street& 3rd Avenue SW—9.2 Acres 65 S 35lst Street& 52nd Avenue S —8.8 Acres 60 E of loth Avenue SW - SW 334th & SW 335t' Streets - 10.04 Acres 73 N of SW 320t' and east of 451h PL SW—23.45 Acres 71 S 344th Street& 46th Avenue S - 17.47 Acres 82 1sr Way S and S 342°d St—Minimal acreage 96 S 308t' St and 14t' Ave S —.36 Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 5 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees. Federal Way High School Replace Existing Building, Capital levy request Increase Capacity As part of the multi-phase plan, the District intends to increase capacity for high school students with expansion at the Federal Way High School site. Increased capacity at Federal Way High, and Decatur High in later phases, supplant the need for construction of a fifth comprehensive high school. 6 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN NEEDS FORECAST - ADDITIONAL FACILITIES NEW FACILITY LOCATION ANTICIPATID SOURCE OF FUNDS No current plans for additional facilities. 7 O O O O O O O O O VI O VI O O W O W A W H W O � � F O O O O O O O O E q ti VI p� O 9 N T � .. � w '�, '�, w .o -• ,o N O c c ° liffiliF 91 o ° a a N N ~ FAO O O m O 4 U U yp � V ftl tOi O Ny .O S m M F °o 0yd 9 E �mm Z o m FL v 9 s Ci ' o o 9 tm _ 9 F o � /''� pf Vj v m v ti u E N 3R. O p T L ` W O A. a� s. D� °o o w - 9 m m 'O O O m t O Q O o en.5 m F w � o °o O o ." .° w° °o w m °o a m 5 W �l s '8 .5 °' g .- � o p 4 o d .9 0 '.. o D '.• W h ZO W F W N a o ` ` '-' N O Fc Fc Z F 120, 0 O w F 11 4 .. N rn 4 Wn Io 1� ro rn .. .. FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 2 - MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools has twenty-one elementary schools (grades K-5), two schools with a K-8 grade configuration, seven middle school schools (grades 6-8), four high schools (grades 9-12) and three small secondary schools. The Federal Way Public Academy serves students in grades 6-10. The TAF Academy serves students in grades 6- 12 who reside in the Totem Middle School service area. The Career Academy at Truman High School serves students in grades 9-12. The following maps show the service area boundaries for each school, by school type. (Career Academy at Truman High School and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. We currently have 2 areas under consideration for boundary changes. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 9 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN .r, Federal Way fil li Public Schools ELEMENTARY SCHOOLS P41DDLE SCHCKYLS 1 ADELAIDE ELEMENTAR"Y 36 RNPIJELIC ACADEW Q '? E PRIGA❑DON EILEMENTARY 30 ILLAHEE MIDDLE SCHOOL 3 CAPAELOT ELEMENTARY 31 KILO MIDDLESCHOOL — 4 ENTERPRISE ELEh,MEtu TARP 32, LAKIOTA MIDDLE SCHOOL ` E GREEN GABLES ELEMENTARY 33 SACAIAVVEA MIDDLE SCHOOL if E LAKE DOLLOP F ELEMENTARY 34 SA,GHALIE MIDDLE SCHOOL ] LAKE GR©'JE ELEMENTAR*V 37 4EC�IJOYA.H MIDDLE SCHOOL ' E LAKEILAND ELEMENTAR`i L 35 TOTEM MIDDLE SCHCPDL 9 MARK TV AIN ELEMENTARY fJ 321. TAP ACAD EFAY 2'2 MEREDITH HILL ELEMENTARY 22 PMRRCIR LAKE EL.EMENTARY 12 NAUTILUS K B SCHC,GL HIGH SCHOOLS 13 O LY'[AP I C'J I ELM ELEM EN TAR:1" PG ❑ECATUR HIGH ' 41 FEDERAL.VIA(HIGH l 14 PANTHER.LAKE ELEENTARAF ' 19 RAIN IER'"JIEVd ELEMENTARY 421 THOMASJEF'F'ERSON HIGH NM 2G SHER&OCID FDREST ELEMENTARY 45 TODD REAPAER HIGH 1 1i SILVER LAKE ELE M1ME NTRR"Y ASO CAR EER ACCADENWP TRUMAN " iS ST:AR.LAKE ELEMENTARY 51 ETTJNCRN"AN CENTER wn 1' 19 SUNNYCREST ELEMENTARY ' 2] TWIN LAKES ELEMENTAR:1' ADMINISTRATIV'E'. SITES 1 ,21p,j -' 22 'VALHALLA ELEPAENTARY ijii 22 WILD4VOC:D E.EMENTARY , P� 73 'fNCi Ci6h.MCrtdT K-E SCHOOL , f FWVRS RR TARE'.R.TY ie l , � I ELEMENTARY SCHI(7OL 1»l% BOUNDARIES ' WINS 65 69 L2 h§le.a Date: 5..4,12. 10 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN orFla Q Federal Way Public Schools ELENgENTAR(SCHOOLS MIDDLE SCHOOLS 1 ADELAIDE ELEP✓4ENTAR"r 36 PJd PUBLIC ACADEMY II 2 BRIGAGOCN ELEFAENTAR'f 3C1 ILLAHEE MIDDLE SCHOOL ' 3 CAPAIELCT ELEMENTARY 31 KILO MIDDLE SCHOOL A ENTERPRISE ELEMENTARY 3.2 LAKOTA MIDDLE SCHOOL E GREEN GABLES ELEMENTARY 33 SACAJAWEA MIDDLE SCHOOL ' 6 LAKE OLILLOF'F ELEFAENTARF 3,4 SAGHALIE MIDDLE SCHOOL KE GROVE E MARKA IAIN ELENTARV 3E1. FAF ACAL7EPRT' �� 3 MARK ND LEEAENTAR ARY - 37 SEQUOW4 MIDDLE SCHOOL 35 TOTEM MIDDLE SCHOOL ID MEREDITH HILL ELEPAENTARY` � ..... 11 NM I R R OR L AKE EL EPA EN TA RY ' 12 NAUTILUS K S SCHOOL HIGH SCHOOLS 15 OL:IIRIC VIEM, ELEM1IENTAR 43 ❑ECATUR HIGH 'I 14 PANTHER LAKE ELEMENTAR'4 31 FEDERAL Ad AY HIGH 15 RAINIER JIEU ELEMENTAR1 421 THOIINIEIEF FER:SGN HIGH 16 SHERWOOD FOREST ELEP.MENTARY 45 TODD BEAEAER HIGH 17 SILVER LAKE ELEFAENTARY R4C CAREER ACABENN:fl TRHP,MAN E1 ETPJNORPAAN CENTER 18 STAR LAKE ELEPepE ETA R'Y 15 SUNN:CREST ELEEAENTARV ',ryy, 20 T'AIIN LAKES ELEPAENTAR'V ADMINISTRATIVE SITES ��� 21 'VALHALLA ELENM ENTARV pum 22 ,MILBVITCU ELEMENTARY h♦ 23 WOODFOONTK R SCHOOL FAVPS FROPE RTY II AI K m�I gym. �.. .. ' fop, °FWxmm,M a qm 7 L L rY N I YI� KKmw � �I I rRNP 1II�71 MIDDLE SC HI OO L PK "YY i BOiUINDARIES IN C6 LH3 65 69 1,2 N1Ios Cate: 5.4,12. 11 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Fedeml Way Public Schools ELEMENTAR9 SCHOOLS MIDDLE SCHCOLS h-1 I ADELAIDE ELEMENTARY 36 FVJ PUBLIC ACADEMY III 2 BRIGAOOGN ELEMENTARY 30 ILLAHEE MIDDLE SCHOOL 3 C rAELCT ELEMENTARY 31. KILO MIUULESCHOOL Y GENTERPRISEE EL ELEMENT 9 GREEN DLLCFF ELEMENTARY 3 SAGHALIE MIDDLE SCHOOL L 3'3 SACAA"eMEA tlJfIUULE SCHOOL 6 LAKE GROVE LLCF'F ELEMENTARY 34 3R TCREMLAH ULESCHSC40 9 LAKELANDE ELEMENTARY — SEUl16'f4H p,AIUULE SCHCI6L s LAKEUNo ELEMENTARY , 9 PAARf:TM✓AIN ELEMENTARY �h� ✓, 381 TAP ACADEMY 30 MEREOtTH HILL ELEfilENT4R4 j, I 11 MIRROR LAKE ELEMENTAR: 22 NAUTILUS h E SCHOOL HIGH SCHOOLS i3 OL/PMPIC'VIEJl ELEMENTARYM2 ❑ECANR HIGH 11 PANTHERLAKE ELEMENTARY d1 FEDERAL NAY HIGH 15 RAINIER VIEVi ELEMENTARY 421 THOMA5JEFFERSGN HIGH 65 TOLD BEANMER HIGH 16 SHERWOOO FOREST ELEMENTAR4 59G CAREER ACADEMY If TRUMAN LIER LAKE 17 SIALH LAKESLEL MEET YRY l� �JJIiJ%,. �I 51 ETP/N❑RMAN CENTER r 22 LLA 19 STAR LAKE EL.EMENTAL'( 19 SUNNRCREST ELEMENTAR'i /� L ZO TfOPY LAKEEEIEMENTARY ADMINISTRATIVE SITES r 22 A ILOtd(OOO ELEMENTARY 23 .CCOMONT K B SCHOOL r $k FWRIS Ff GPERT"I pr✓� p 1 r � MEN Ijj Ifr t a- r r "r I� a wrfj [7 01 Al t Ij If L r HIGH r � l SCHOOL '� ` h ill, BOUNDARIES t �. 01153 C5 C9 1.2 NSIes Oake: 5.4..L2 12 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 3 - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast—2013 through 2019 Capacity Summaries King County Impact Fees - Single and Multi-Family Units 13 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Building Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line, the District has calculated a program capacity for all schools. A recent Study & Survey was the basis for changes to the OSPI building report. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. All Day Kindergarten: Every elementary school operates at least one all day Kindergarten program. These all day Kindergarten programs require additional capacity because the standard classroom is available for one all day session rather than two half day sessions. The District will operate 53 sections of all day Kindergarten in 2012-13. Special Education Resource Rooms: Each elementary and middle school requires the use of a standard classroom(s)for special education students requiring instruction to address specific disabilities. English as a Second Language Programs: Each elementary, middle school and high school requires the use of a standard classroom for students learning English as a second language. Middle School Computer Labs: Each middle school has computer labs, except Totem Middle School. Wireless access has been installed at all secondary schools. If additional classroom space is needed, these computer labs may be converted to mobile carts. High School Career Development and Learning Center (Resource)Room: Each high school provides special education resource room and career development classrooms for students requiring instruction to address specific disabilities. Preschool/EC EAP/Head sta rt: Our district currently offers preschool programs for both special needs & typically developing students at 8 elementary schools. We also have the ECEAP and Headstart program at 6 schools (3 elementary & 3 high schools). These programs decrease capacity at those sites. Alternative Learning Experience: Federal Way offers students the opportunity to participate in an Alternative Learning Experience through our Internet Academy. These students have never been included in the capacity calculation of unhoused students. 14 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEVIINTARY BUILDING MIDDLE SCHOOL BUILDING PROGRAM CAPACITY PROGRAM CAPACITY SchoolName Headcount SchoolName Headcount FTE Adelaide 378 Illahee 855 864 Brigadoon 325 Kilo 829 837 Camelot 255 Lakota 707 714 Enterprise 461 Sacajawea 655 662 Green Gables 477 Saghahe 804 812 Lake Dolloff 439 Sequoyah 569 575 Lake Grove 335 Totem 739 746 Lakeland 409 Federal Way Public Academy 209 211 M ark Twain 302 Technology Access Foundation Academy" Meredith Hill 456 Merit School" Mirror Lake 337 2011 TOTAL 5,367 5,421 Nautilus (K-8) 370 Olympic View 357 "Middle School Average 737 744 Panther Lake 444 Rainier View 435 HIGH SCHOOL BUILDING Sherwood Forest 429 PROGRAMCAPACITY Silver Lake 419 Stu Lake 370 SchoolName Headcount FTE Sunnycrest 394 Decatur 1249 1,336 Twin Lakes 293 Federal Way 1492 1,596 Valhalla 427 Thomas Jefferson 1349 1,443 Wildwood 329 Todd Beamer 1142 1,221 Woodmont(K-8) 352 Career Academy at Truman 163 174 2011 TOTAL 8,793 Federal Way Public Academy 109 117 Employment Tmnsition Program 48 51 Technology Access Foundation Academy" Elementary Average 382 Merit School" 2011 TOTAL 5,552 5,938 "High School Average 1,308 1,399 Notes: *Federal W ay Public Academy,Career Academy at Tmman High School,and Employment Transition Program are non-boundary schools. These schools are not used in the calculated avemges. **Technology Access Foundation Academy is housed entirely in portables on the Totem Middle School site. Merit School is housed entirely in portables on the Illahee Middle School site. 15 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students when increasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide temporary housing for students until permanent facilities can be financed and constructed. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. 16 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLES LOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT HIGH S CHOOLS rvory rvory INSTRUCTIONAL INSTRUCTIONAL rns TRUCTIONAL INSTRUCTIONAL Adelaide 1 2 Decatur 9 Brigadoon 1 FederalWay 2 1 Camelot 1 Thomas Jefferson 10 Enterprise 2 1 Todd Beamer 9 Green Gables 1 TAF Academy 8 1 Lake Dolloff 1 1 TOTAL 38 2 Lake Grove 1 1 Lakeland Mark Twain 2 1 Meredith Hill 1 2 Mirror Lake 4 1 PORTABLES LOCATED Nautilus 1 AT SUPPORT FACILITIES Olympic View 1 1 Panther Lake MOT 1 Rainier View 3 TDC 5 Sherwood Forest 3 1 TOTAL 6 Silver Lake 1 3 Star Lake 4 Sunnycrest HEAD START PORTABLES AT DISTRICT SITES Twin Lakes 1 2 Valhalla Sherwood Forest 1 W ildwood 4 EPEW oodmont 3 Total 1 TOTAL 31 21 PORTABLES LOCATED AT MIDDLE S CHOOLS rvory rns TRUCTIONAL rns TRUCTIONAL Illahee 1 2 Kilo 7 Lakota Sacajawea 7 Saghalie 2 2 Sequoyah 1 1 Totem Merit 3 TAF Academy 8 1 1 29 6 17 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten)are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment Master software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. In December 2006, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in January 2007. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools (consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of 18 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN something else (e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2017. This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Near term projections assume some growth from new housing, which is offset by current local economic conditions. Current economic conditions do appear to be affecting enrollment. This is reflected in the District's projections. The District tracks new development from five permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 19 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE(K Headcount=.5 FTE;Middle School FTE=.99 Headcount;High School FTE=.935Headcount) Total K-12 Percent CalendarYr School Year Elementary Middle School High School FIE Change 2007 2006-07 9,022 5,261 6,754 21,037 2008 2007-08 8,912 5,167 6,637 20,716 -1.5% 2009 2008-09 8,865 5,155 6,456 20,476 -1.2% 2010 2009-10 8,738 5,119 6,594 20,451 -0.1% 2011 2010-11 8,753 5,142 6,544 20,439 -0.1% 2012 2011-12 8,800 5,134 6,448 20,382 -0.3% 2013 B2012-13 S,942 5,0S9 6,412 20,443 0.3% 2014 P2013-14 9,042 5,062 6424 20,528 0.4% 2015 P2014-15 9,125 5,105 6391 20,621 0.5% 2016 P2015-16 9,205 5,181 6347 20,733 0.5% 2017 P2016-17 9,310 5,226 6311 20,847 0.5% 2018 P2017-18 9,406 5,254 6321 20,981 0.6% 2019 P2018-19 9,492 5,278 6381 21,151 0.8% Elementary K-5 Middle School6-8 High School9-12 22,000 Enrollment History and Six Year Forecast 21,000 20,000 19,000 18,000 17,000 16,000 15,000 a, . `t_ SchoolYear OFTE 20 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN Capacity Summaries All Grades, Elementary, Middle School, and High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and high school levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 21 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACHY SUMMARY-ALL GRADES Budget -- Projected-- Calendar Year 2013 2014 2015 2016 2017 2018 2019 CAPACITY JSchoolYear 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 BUILDINGPROGRAM HEADCOUNT CAPACITY 19,712 19,712 19,712 19,912 19,912 19,912 19,912 FTECAPACITY ' 20,152 20,152 20,152 20,352 f 20,352 20,352 20,352 Add or subtract changes to capacity Increase Capacity at Federal Way US 200''.. Adjusted Program Headcount Capacity 19,712 19,712 19,912 19,912 19,912 19,912 19,912 Adjusted Program FIECa acit 20,152 20,152 20,352 20,352 20,352 20,352 20,352 ENROLLMENT Basic FTEEnrollment 20,443 2Q,528 20,621 20,733 2Q,847 20,981 21,151 Internet Academy Enrollment(AAFTE) (315) (315) (315) (315) (315) (315) (315) Basic FTEEnrollment without Internet Academy 20,128 20,213 20,306 20,418 i 20,532 20,666 20,836 '. SURPLUS OR(UNHOUSED) PROGRAMYMCAPACITY 24 (01) 46 (06) (180) {314} (4$4} RELOCATABLECAPACITY Current Portable Capacity 2,325 2,325 2,325 2,275 2,275 2,275 2,275 Deduct Portable Capacity (50) Add New Portable Capacity Adjusted Portable Capacity 2,325 2,325 2,275 2,275 2,275 2,275 2;275 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 2,349 2,264 2,321 2,209 2,095 1,961 1,791 22 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACHY SUMbLARY-ELEMENTARY S CHOOLS Budget -- Projected-- Calendar Year 2013 2014 2015 2016 2017 2018 2019 CAPACITY JSchoolYear 12012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 BUILDINGPROGRAM HEAD COUNT CAPACITY 8,793 8,793 8,793 8,793 8,793 8,793 8,793 FTECAPACITY 8,793 8,793 8,793 8,793 8,793 8,793 8793 Adjusted Program Headcount Capacity 8,793 8,793 8,793 8,793 8,793 8,793 8,793 Adjusted Program FTE Capacity 8,793 8,793 8,793 8,793 : 1 8,793 ',8,793 8,793 ENROLLMENT Basic FTEEnrollment 8,942 9,042 9,125 9,205 9,310 9,406 9,492 Internet Academy(AAFTE)1 (36) (36) (36) (36) (36) (36) (36) Basic FTEEnrollment without Internet Academy 8,906 9,006 9,089 9,169 9,274 9,370 9456 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY (113) (213) (296) (376) (481) ,(577} (463} RELOCATABLE CAPACITA' Current Portable Capacity 800 800 800 800 800 800 800 Adjusted Portable Capacity '. 800 800 800 800 800 800 1100 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 687 587 504 424 319 223 137 NOTES: 1 Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily hous e students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be us ed will be has ed on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructionaluse. 23 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-MIDDLE SCHOOLS Budget -- Projected-- Calendar Year 2013 2014 1 2015 2016 2017 2018 2019 CAPACITY JSchoolYear 12012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 BUILDINGPROGRAM HEADCOUNT CAPACITY 5,367 5,367 5,367 5,367 5,367 5,367 5,367 FTECAPACITY 5,421 5,421 5,421 5,421 5,421 ,5,421 5,421 Add or subtract changes in capacity Adjusted Program Headcount Capacity 5,367 5,367 5,367 5,367 5,367 5,367 5,367 Adjusted Program FTE Capacity 5,421 5,47 77 77 5,421 ,5,421 5;421 ENROLLMENT Basic FTEEnrollment 5,089 5,062 5,105 5,181 5,226 5,254 5,278 Internet Academy(AAFTE)1 (74) (74) (74) (74) (74) (74) (74) Basic F3EEnrollment without Internet Academy 5,015 4,988 5,031 5,107 5,152 5,180 5,204 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 406 433 390 314 269 241 217 RELOCATABLE CAPACITA' Current Portable Capacity 575 575 575 575 575 575 575 Add/Subtract portable capacity Adjusted Portable Capacity '. 575 575 575 575 575 '.. 575 575 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 981 1,008 965 889 844 816 792 NOTES: .... 1 Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily hous e students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be us ed will be has ed on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructionaluse. 24 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN CAPACITY SUMbLARY-HIGH SCHOOLS Budget -- Projected-- Calendar Year 2013 2014 2015 2016 2017 2018 2019 CAPACITY JSchoolYear 12012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 BUILDINGPROGRAM HEADCOUNT CAPACITY 5,552 5,552 5,552 5,752 5,752 5,752 5,752 FTE CAPACITY 5,938 5,938 5,938 6,138 6,138 6,138 6,138 Add or subtract changes in capacity Add capacity to Federal Way HS 200 Adjus ted Program Headcount Capacity 5,552 5,552 5,752 5,752 5,752 5,752 5,752 Adjusted Program FTE Capacity 5°,938 5,938 6,138 6,138 6,138 6,138 6,138 ENROLLMENT Basic FTEEnrollment 6,412 6,424 6,391 6,347 6,311 6,321 6,381 Internet Academy(AAFTE)1 (205) (205) (205) (205) (205) (205) (205) Basic Ed without Internet Academy 6207 6,219 6,186 6,142 6,106 6116 6,176 SURPLUS OR(UNHOUSED) PROGRAMCAPACUY (269) (281) (48) (4) 32 22 (38} RELOCATABLE CAPACITY' Current Portable Capacity 950 950 950 900 900 900 900 Add/Subtract portable capacity Subtract portable capacity at Fedeml W ay HS (50) Adjusted Portable Capacity 950 950 900 900 900 '900 900 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY' 681 669 852 896 932 922 862 ; NOTES: 1 Internet Academy students are included in projections but do not require full time use of school facilities. 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily hous e students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be us ed will be has ed on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructionaluse. 3 Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooms. 25 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was substantially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single-family units and multi-family units. The factors used in the 2013 Capital Facilities Plan were derived using actual generation factors from single-family units that were constructed in the last five (5) years. - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12 months. Plan Year 2013 Plan Year 2012 Single Family Unitsi $4,014 $4,014 Multi-Family Units $1,381 $1,253 Mixed-Use Residentia12 Due to economic conditions, Federal Way Public Schools is anticipating holding the impact fee for Single Family Units at the 2011 rate of$4,014 for 2013 instead of using the calculated rate of$4,172. 2In anticipation of the City of Federal Way Council's changes to Ordinance No. 95-249, which authorizes the collection of school impact fees. 26 r W ~ LL O O O O O O O O O O O N O Vp C O rn rn O ro v ro v M r w 0 0 0 0 r 0 u — N m M O w L LL 0 0 0 0 0 0 0 0 0 0 O _m N 2 O O L c Moino MomM vu� n p y O M o 0 o co o rn r v rn v D N LL 0 0 0 0 0 0 0 0 0 0 O 'O W � J N M of i0 i0 M N N M M M M F M B LL� O N � W pp y po U U C V O N V r f0 W w E L J L 0 0 0 0 0 J p N 0 � Z 2 S W O O O R O z L O u Y y s rUi oa C7 � w ? inovrin rMu� Mrn � � � 00000 p W z = Zvw = -p N O W 7 p N y N W 0 o 0 E E ? inrn � � (OONr mco N W E Qo 0 0 m pj M O J W N p U U bD Z W W C � z a ay o � o E c E m � Z Y W rx aNY � a' w Ca a E d N V N V N O V M J Z C 0 N f0 O O N A a C y z O N ] A — W O a A `w g O m J N Of W o U a m Y U >• ~ w a�i v a U m O 0I N O C_ A m m U U N O N N (0 Y 41 co IQ C) (D F ZU 0 0 0 0 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 0.3795 0.1620 $0 $0 Middle School .......................... .................... .................... ........... � 4 ...........0.0470 $0 $0 High School ...................4.85. .......$ � �.8. ................. .� ...........0.� 88 ...........0.0660 $4,093 $1,359 TOTAL $4,093 $1,359 School Construction Cost: Student Student % Perm Fac/ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 95.82% 0.3795 0.1620 $0 $0 Middle School 94.76% 0.1747 06476 $0 $0 High School 96.53% $10,530,000 2000.1988 00660 $10,104 $3,354 TOTAL $10,104 $3,354 Temporary Facility Cost: Student Student %Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total SgFt Cost Size SFR MFR SFR MFR Elementary 4.18% 0.3795 0.1620 Middle School .,..5.24% 0.1747 0 0470 High School 3.47% 0.1988 0.0660 TOTAL $0 $0 State Matching Credit Calculation: Student Student Construction Cost Sq. Ft. State Factor Factor Cost/ Cost/ Allocation/Sq Ft Student Match SFR MFR SFR MFR Elementary $188.55 0.3795 0.1620 $0 $0 Middle School $188.55 0.1747 0 0470 $0 $0 High School $188.55 130 63.50% 0.1988 00660 $3,094 $1,027 Total $3,094 $1,027 Tax Payment Credit Calculation SFR MFR Average Assessed Value (March 2012) $232,710 $77,926 Capital Bond Interest Rate (March 2012) Net Present Value of Average Dwelling $1,902,611 $637,114 Years Amortized .........10..................10........ Property Tax Levy Rate ......$ .45..............$. .45....... Present Value of Revenue Stream $2,759 $924 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $ 4,093 $ 1,359 Permanent Facility Cost $ 10,104 $ 3,354 Temporary Facility Cost $ - $ - State Match Credit $ (3,094) $ (1,027) Tax Payment Credit $ (2,759) $ (924) Sub-Total $ 8,343 $ 2,762 50%Local Share $ 4,172 $ 1,381 Calculated Imp act Fee $ 4,172 $ 1,351 2013 Impact Fee $ 4,014 $ 1,3 11 28 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN SECTION 4 SUMMARY OF CHANGES FROM THE 2012 CAPITAL FACILITIES PLAN The 2013 Capital Facilities Plan is an updated document, based on the 2012 Capital Facilities Plan. The changes between the 2012 Plan and the 2013 Plan are listed below. SECTION I - THE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2013-2019 and adjusted for anticipated Federal Way High School construction schedule. The plan is found on page 8. SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary capacity includes space for All Day Kindergarten programs at every elementary school. Changes to the Building Program Capacities calculation are found on page 15. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 20. STUDENT FORECAST The Student Forecast now covers 2013 through 2019 Enrollment history and projections are found on page 20. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 22-25. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2012 Capital Facilities Plan and the 2013 Capital Facilities Plan can be found on page 30 and 31. 29 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2012 TO 2013 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2012 Capital Facilities Plan and the 2013 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 27. SCHOOL CONSTRUCTION COSTS The anticipated cost based on 2006 estimates for replacing Federal Way High is $81,000,000. The replacement will add 200 additional seats. The current capacity of Federal Way High is 1538. The addition of200 seats will increase capacity by 13%. Total Cost $81,000,000 x.13 = $10,530,000 SCHOOL ACQUISITION COSTS The district purchased the Norman Center to house the Employment Transition Program and to allow for the expansion of the ECEAP program. The purchase and use of this site increased our high school capacity by 51 students. Total Cost $2,100,000/2 =$1,050,000 Cost per Acre $1,050,00014.85=$216,718 The District will use the above formulas created as a base for the 2013 Capital Facilities Plan. The capacity of Federal Way High may vary from year to year as programs are added or changed and construction cost may increase over time. 30 FEDERAL WAY PUBLIC SCHOOLS 2013 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2012 TO 2013 IMPACT FEE Item From/To Comment Percent of Permanent Facilities 95.16%to 95.13% Report #3 OSPI Percent Temporary Facilities 4.84%to 4.87% Updated portable inventory Average Cost of Portable $199,832 to $185,012 Updated average of portables Classroom purchased and placed in 2011 Construction Cost Allocation $180.17 to $188.55 Change effective July 2011 State Match 62.53%to 63.50% Change effective July 2012 Average Assessed Value SFR— Per Puget Sound Educational $257,849 to $232,710 Service District (ESD 121) MFR— $74,692 to $77,926 Capital Bond Interest Rate 4.91%to 3.84% Market Rate Property Tax Levy Rate $1.54 to $1.45 King County Treasury Division Single Family Student Yield Updated Housing Inventory Elementary .3315 to .3795 Middle School .1658 to .1747 High School .2095 to .1988 Multi-Family Student Yield Updated County-Wide Average Elementary .1480 to .162 Note: The last district multi-family Middle School .0420 to .047 development, built in 2008, generates High School .0590 to .066 a higher studentyield than the county- wide average. Impact Fee SFR— For 2012 & 2013 the district has $4,461 to $4,172 chosen to retain the 2011 SF rate. Proposed 2013 SFR $4,014* *This reflects the calculated 2011 SF rate MFR— MFR based on the updated calculation $1,253 to $1,381 31 GLOBAL END Each student will graduate with the skills and academic knowledge to succeed as a responsible, contributing member of a global society. STUDENT ACHEIVEMENT Each student at every grade level will perform at or above the state or district standard in all disciplines. Each student's progress shall be measured annually by academic growth. RESPONSIBILITY Each student will take responsibility for their academic success; exhibiting positive and ethical personal behaviors; treating others with respect, courtesy, and dignity. PARENT ENGAGEMENT Each student will benefit from the relationship each school will establish with each parent, guardian or advocate. Federal Federal Way Public Schools Q 33330 8th Avenue S N S Federal Way,Washington 98003 Public Schoo (253) 945-2000 This document is published by the Business Services Department of the Federal Way Public Schools. May 2012 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. 1 ENVIRONMENTAL CHECKLIST Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply" In addition, complete the Supplemental Sheet for nonproject actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. 2 ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: The adoption of a Six-Year Capital Facilities Plan by the Federal Way School District No. 210 for the purposes of planning for the District's facilities needs. The King County, City of Federal Way, City of Kent and the City of Auburn's Comprehensive Plan will be amended to include the District's 2013 Capital Facilities Plan in the Capital Facilities Plan Element. This project may also involve the amendment of the Comprehensive Plans of the city of Des Moines to incorporate the District's 2013 Capital Facilities Plan. 2. Name of applicant: Federal Way School District No. 210. 3. Address and phone number of applicant and contact person: Federal Way School District No. 210 33330 8th Avenue South Federal Way WA 98003 (253) 945-2000 Contact Person: Ms. Tanya Nascimento Enrollment and Demographics Telephone: (253)945-2071 4. Date checklist prepared: May 11, 2012 5. Agency requesting checklist: Federal Way School District No. 210 6. Proposed timing or schedule (including phasing, if applicable): The Federal Way School District's 2013 Capital Facilities Plan is scheduled to be adopted by the District in June 2012. The Capital Facilities Plan will be forwarded to King County, the City of Federal Way, City of Kent and the City of Auburn for inclusion in each jurisdiction's Comprehensive Plan. It will also be forwarded to the city of Des Moines for possible inclusion in this jurisdiction's Comprehensive Plans. The District will continue to update the Capital Facilities Plan annually. The projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 3 ENVIRONMENTAL CHECKLIST The Capital Facilities Plan sets forth the capital improvement projects that the District is currently implementing. This includes construction of Federal Way HS. Additionally the plan covers the purchase and siting of temporary facilities at various locations. Non-instructional projects included in the plan will consolidate support services operations at a single location. This will include the construction of new facilities to house the Transportation, Maintenance and Nutrition Services departments. Current plans are for all the projects to be complete by 2015. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The projects included in the Capital Facilities Plan will undergo additional environmental review, when appropriate, as they are developed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Permits will be applied for with the appropriate jurisdiction for minor projects during the 2013 calendar year. 10. List any government approvals or permits that will be needed for your proposal, if known. The District anticipates that King County, the City of Federal Way, the City of Kent and the city of Auburn will adopt this Capital Facilities Plan into their Comprehensive Plan. The city of Des Moines may also adopt this Capital Facilities Plan into the Capital Facilities Elements of their Comprehensive Plans (when issued). 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a non-project action. This proposal involves the adoption of the Federal Way School District's 2013 Capital Facilities Plan for the purpose of planning the District's facilities needs. The District's Capital Facilities Plan will be incorporated into King County's, the City Federal Way's, the City of Kent's and the City of Auburn's Comprehensive Plans. It may also be incorporated into the Comprehensive Plans of the city of Des Moines. The projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review. A copy of the Capital Facilities Plan may be viewed at the District's offices. 4 ENVIRONMENTAL CHECKLIST 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The Capital Facilities Plan will affect the Federal Way School District. The District includes an area of approximately 35 square miles. The City of Federal Way, parts of the cities of Kent, Des Moines and Auburn, parts of unincorporated King County, fall within the District's boundaries. A detailed map of the District's boundaries can be viewed at the District's offices. 5 ENVIRONMENTAL CHECKLIST B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The Federal Way School District is comprised of a variety of topographic land forms and gradients. Specific topographic characteristics of the sites at which the projects included in the Capital Facilities Plan are located have been or will be identified during project-level environmental review when appropriate. b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Specific soil types found at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Federal Way School District. Specific soil limitations on individual project sites have been or will be identified at the time of project-level environmental review when appropriate. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan have been or will be subject, when appropriate, to project-specific environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of any fill materials to be used have been or will be identified at that time. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of the construction projects currently proposed in the Capital Facilities Plan. The erosion impacts of the individual projects have been or will be evaluated on a site-specific basis at the time of project-specific environmental review when appropriate. Individual projects have been or will be subject to local approval processes. 6 ENVIRONMENTAL CHECKLIST g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) The proposed renovation projects will require the construction of impervious surfaces. The extent of any impervious cover constructed will vary with each capital facilities project included in the Capital Facilities Plan. This issue has been or will be addressed during project- specific environmental review when appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been or will be addressed during project-specific environmental review when appropriate. Relevant erosion reduction and control requirements will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from the individual projects included in the Capital Facilities Plan. The air-quality impacts of each project have been or will be evaluated during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Any off-site sources of emissions or odor that may affect the individual projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The individual projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review when appropriate and relevant local approval processes. The District will be required to comply with all applicable air regulations and air permit requirements. Proposed measures specific to the individual projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 7 ENVIRONMENTAL CHECKLIST 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Federal Way School District. The surface water bodies that are in the immediate vicinity of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. When necessary, the surface water regimes and flow patterns have been or will be researched and incorporated into the designs of the individual projects. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The projects included in the Capital Facilities Plan may require work near the surface waters located within the Federal Way School District. Applicable local approval requirements have been or will be satisfied. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to the placement or removal of fill and dredge material as a component of the projects included in the Capital Facilities Plan has been or will be provided during project-specific environmental review when appropriate. Applicable local regulations have been or will be satisfied. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions required in connection with the projects included in the Capital Facilities Plan have been or will be addressed during project- specific environmental review when appropriate. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Each project included in the Capital Facilities Plan, if located in a floodplain area, will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. 8 ENVIRONMENTAL CHECKLIST Specific information regarding the discharge of waste materials that may be required as a result of the projects included in the Capital Facilities Plan has been or will be provided during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact groundwater resources. The impact of the individual projects included in the Capital Facilities Plan on groundwater resources has been or will be addressed during project-specific environmental review when appropriate. Each project is or will be subject to applicable local regulations. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. The discharges of waste material that may take place in connection with the projects included in the Plan have been or will be addressed during project-specific environmental review. c. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have storm water runoff consequences. Specific information regarding the storm water impacts of each project has been or will be provided during project-specific environmental review when appropriate. Each project is or will be subject to applicable local storm water regulations. 9 ENVIRONMENTAL CHECKLIST 2) Could waste materials enter ground or surface waters? If so, generally describe. The projects included in the Capital Facilities Plan may result in the discharge of waste materials into ground or surface waters. The specific impacts of each project on ground and surface waters have been or will be identified during project-specific environmental review when appropriate. Each project is or will be subject to all applicable regulations regarding the discharge of waste materials into ground and surface waters. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts associated with the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. 4. Plants: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation A variety of vegetative zones are located within the Federal Way School District. Inventories of the vegetation located on the sites of the projects proposed in the Capital Facilities Plan have been or will be developed during project-specific environmental review when appropriate. b. What kind and amount of vegetation will be removed or altered? Some of the projects included in the Capital Facilities Plan may require the removal or alteration of vegetation. The specific impacts on vegetation of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. c. List threatened or endangered species known to be on or near the site. The specific impacts to these species from the individual projects included in the Capital Facilities Plan have been or will be determined during project-specific environmental review when appropriate. 10 ENVIRONMENTAL CHECKLIST d. Proposed landscaping, use of native plans, or other measures to preserve or enhance vegetation on the site, if any: Measures to preserve or enhance vegetation at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. Each project is or will be subject to applicable local landscaping requirements. 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species that have been observed on or near the sites of the projects proposed in the Capital Facilities Plan has been or will be developed during project-specific environmental review when appropriate. b. List any threatened or endangered species known to be on or near the site. Inventories of threatened or endangered species known to be on or near the sites of the projects included in the Capital Facilities Plan have been or will be developed during project-specific environmental review when appropriate. c. Is the site part of a migration route? If so, explain. The impacts of the projects included in the Capital Facilities Plan on migration routes have been or will be addressed during project-specific environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife have been or will be determined during project-specific environmental review when appropriate. 11 ENVIRONMENTAL CHECKLIST 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires the completion of a life cycle cost analysis of all heating, lighting, and insulation systems before it will permit specific school projects to proceed. The energy needs of the projects included in the Capital Facilities Plan have been or will be determined at the time of specific engineering and site design planning when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: The impacts of the projects included in the Capital Facilities Plan on the solar potential of adjacent projects have been or will be addressed during project-specific environmental review when appropriate. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures proposed in connection with the projects included in the Capital Facilities Plan have been or will be considered during project-specific environmental review when appropriate. 7. Environmental Health: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Nonproject Actions. 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: The projects included in the Capital Facilities Plan will comply with all current codes, standards, rules, and regulations. Individual projects have been or will be subject to project-specific environmental review and local approval at the time they are developed when appropriate. 12 ENVIRONMENTAL CHECKLIST b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? A variety of noises from traffic, construction, residential, commercial and industrial areas exists within the Federal Way School District. The specific noise sources that may affect the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The District does not anticipate that the projects will create long-term increases in traffic- related or operations-related noise levels. 3) Proposed measures to reduce or control noise impacts, if any: The projected noise impacts of the projects included in the Capital Facilities Plan have been or will be evaluated and mitigated during project-specific environmental review when appropriate. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use: a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Federal Way School District, including residential, commercial, industrial, institutional, utility, open space, recreational, etc. b. Has the site been used for agriculture? If so, describe. The project sites covered under the Capital Facilities Plan have not been used recently for agriculture. c. Describe any structures on the site. The structures located on the proposed sites for the projects included in the Capital Facilities Plan have been or will be identified and described during project-specific environmental review when appropriate. 13 ENVIRONMENTAL CHECKLIST d. Will any structures be demolished? If so, what? The remodeling and renovation projects will require the demolishment of school structures. The structures that will be demolished as a result of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. e. What is the current zoning classification of the site? The sites that are covered under the Capital Facilities Plan have a variety of zoning classifications under the applicable zoning codes. Site-specific zoning information has been or will be identified during project-specific environmental review when appropriate. f. What is the current comprehensive plan designation of the site? Inventories of the comprehensive plan designations for the sites of the projects included in the Capital Facilities Plan have been or will be completed during project-specific environmental review when appropriate. g. If applicable, what is the current shoreline master program designation of the site? Shoreline master program designations of the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Any environmentally sensitive areas located on the sites of the projects included in the Plan have been or will be identified during project-specific environmental review. i. Approximately how many people would reside or work in the completed project? The Federal Way School District currently serves approximately 22,200 students. The student population is expected to increase to 23,000 by the year 2017. This projection has been adjusted to reflect the current economic conditions. The District employs approximately 3,200 people. j. Approximately how many people would the completed project displace? Any displacement of people caused by the projects included in the Capital Facilities Plan has been or will be evaluated during project-specific environmental review when appropriate. However, it is not anticipated that the Capital Facilities Plan, or any of the projects contained therein, will displace any people. 14 ENVIRONMENTAL CHECKLIST k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan will be subject to project-specific environmental review and local approval when appropriate. Proposed mitigating measures will be proposed at that time, if necessary. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The compatibility of the specific projects included in the Capital Facilities Plan with existing uses and plans has been or will be assessed as part of the comprehensive planning process and during project-specific environmental review when appropriate. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided in connection with the completion of the projects included in the Capital Facilities Plan. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. It is not anticipated that the projects included in the Capital Facilities Plan will eliminate any housing units. The impacts of the projects included in the Capital Facilities Plan on existing housing have been or will be evaluated during project-specific environmental review when appropriate. c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts caused by the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. 10. Aesthetics: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. 15 ENVIRONMENTAL CHECKLIST b. What views in the immediate vicinity would be altered or obstructed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined during project-specific environmental review when appropriate. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control the aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined on a project-specific basis when appropriate. 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review. b. Could light or glare from the finished project be a safety hazard or interfere with views? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare that may affect the projects included in the Capital Facilities Plan have been or will be evaluated during project-specific environmental review when appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Proposed measures to mitigate light and glare impacts have been or will be addressed during project-specific environmental review when appropriate. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Federal Way School District. 16 ENVIRONMENTAL CHECKLIST b. Would the proposed project displace any existing recreational uses? If so, describe. The recreational impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. The projects included in the Capital Facilities Plan, including proposed renovated school and support facilities, may enhance recreational opportunities and uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Adverse recreational effects of the projects included in the Capital Facilities Plan have been or will be subject to mitigation during project-specific environmental review when appropriate. A school site usually provides recreational facilities to the community in the form of play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no known places or objects listed on, or proposed for such registers on the sites of the projects included in the Capital Facilities Plan. The existence of historic and cultural resources on or next to the sites has been or will be addressed in more detail during project-specific environmental review when appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites at or near the sites of the projects included in the Capital Facilities Plan has been or will be developed during project-specific environmental review when appropriate. c. Proposed measures to reduce or control impacts, if any: Appropriate measures have been or will be proposed on a project-specific basis when appropriate. 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The impact on public streets and highways of the individual projects included in the Capital Facilities Plan has been or will be addressed during project-specific environmental review when appropriate. 17 ENVIRONMENTAL CHECKLIST b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between the specific projects included in the Capital Facilities Plan and public transit has been or will be addressed during project-specific environmental review when appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? An inventory of parking spaces located at the sites of the projects included in the Capital Facilities Plan and the impacts of specific projects on parking availability has been or will be conducted during project-specific environmental review when appropriate. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The need for new streets or roads, or improvements to existing streets and roads has been or will be addressed during project-specific environmental review when appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail, or air transportation has been or will be addressed during project-specific environmental review when appropriate. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The traffic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. g. Proposed measures to reduce or control transportation impacts, if any: The mitigation of traffic impacts associated with the projects included in the Capital Facilities Plan has been or will be addressed during project-specific environmental review when appropriate. 15. Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The District does not anticipate that the projects identified in the Capital Facilities Plan will substantially increase the need for other public services. b. Proposed measures to reduce or control direct impacts on public services, if any. 18 ENVIRONMENTAL CHECKLIST Remodeled/renovated school or facilities will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. 16. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, natural gas, water, refuse service, telephone, and sanitary sewer utilities are available at the sites of the projects proposed in the Capital Facilities Plan. The types of utilities available at specific project sites have been or will be addressed in more detail during project- specific environmental review when appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs have been or will be identified during project-specific environmental review when appropriate. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: May 11, 2012 19 ENVIRONMENTAL CHECKLIST D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent the Capital Facilities Plan makes it more likely that school facilities will be constructed and/or renovated and remodeled, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, parking lots, sidewalks, access roads, and playgrounds could increase storm water runoff, which could enter surface or ground waters. Heating systems, emergency generators, and other school equipment that is installed pursuant to the Capital Facilities Plan could result in air emissions. The projects included in the Capital Facilities Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of the storage of diesel fuel or gasoline for emergency generating equipment. The District does not anticipate a significant increase in the production of noise from its facilities, although the projects included in the Capital Facilities Plan will increase the District's student capacities. Proposed measures to avoid or reduce such increases are: Proposed measures to mitigate any such increases described above have been or will be addressed during project-specific environmental review when appropriate. Storm water detention and runoff will meet applicable County and/or City requirements and may be subject to National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will meet applicable air pollution control requirements. Fuel oil will be stored in accordance with local and state requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Capital Facilities Plan itself will have no impact on these elements of the environment. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate. The projects included in the Plan are not likely to generate severe impacts on fish or marine life. 20 ENVIRONMENTAL CHECKLIST Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures to protect and conserve plants, animals, and fish cannot be identified at this time. Specific mitigation proposals have been or will be identified, however, during project- specific environmental review when appropriate. 3. How would the proposal be likely to deplete energy or natural resources? The construction of the projects included in the Capital Facilities Plan will require the consumption of energy. Proposed measures to protect or conserve energy and natural resources are: The projects included in the Capital Facilities Plan will be constructed in accordance with applicable energy efficiency standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Capital Facilities Plan and individual projects contained therein should have no impact on these resources. Proposed measures to protect such resources or to avoid or reduce impacts are: Appropriate measures have been or will be proposed during project-specific environmental review when appropriate. Updates of this Plan will be coordinated with King County and the cities of Federal Way, Kent, Des Moines, and Auburn as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the District's facilities planning process is part of the overall growth management planning process, these resources are more likely to be protected. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Capital Facilities Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline management plans. The District does not anticipate that the Capital Facilities Plan or the projects contained therein will directly affect land and shoreline uses in the area served by the District. Proposed measures to avoid or reduce shoreline and land use impacts are: No measures to avoid or reduce land use impacts resulting from the Capital Facilities Plan or the projects contained therein are proposed at this time. 21 ENVIRONMENTAL CHECKLIST 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The projects included in the Capital Facilities Plan may create temporary increases in the District's need for public services and utilities. Upon the completion of the projects included in the Capital Facilities Plan, however, the District does not anticipate that its need for public services and utilities will increase substantially beyond existing levels. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. 22 DETERMINATION OF NONSIGNIFICANCE Issued with a 14 Day comment and appeals period Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action: 1. The adoption of the Federal Way Public Schools' 2013 Six Year Capital Facilities Plan by the Federal Way Public Schools for the purposes of planning for the facilities needs of the District. 2. The amendment of the King County Comprehensive Plan by King County to include the Federal Way Public Schools' 2013 Capital Facilities Plan as part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 3. The amendment of the Comprehensive Plans of the City of Federal Way, City of Kent and the City of Auburn to include the Federal Way Public Schools' 2013 Capital Facilities Plan as part of the Capital Facilities Plan Element of the City of Federal Way's, City of Kent's and the City of Auburn's Comprehensive Plan. This proposal may also involve the amendment of the Comprehensive Plans of the City of Des Moines to incorporate the Federal Way Public Schools' 2013 Capital Facilities Plan into the Capital Facilities Element of the City of Des Moines' Comprehensive Plan. Proponent: Federal Way Public Schools Location of the Proposal: The Federal Way Public Schools District includes an area of approximately 35 square miles. Areas of the cities of Federal Way, Kent, Des Moines and Auburn fall within the District's boundaries, as do parts of unincorporated King County. Lead Agency: Federal Way Public Schools is the lead agency pursuant to WAC 197-11-926. The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment. An environmental impact statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 5:00 p.m., May 25, 2012. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official: Ms. Tanya Nascimento Enrollment and Demographics Federal Way Public Schools Telephone: (253) 945-2071 Address: 33330 8th Avenue South Federal Way WA 98003 You may appeal this determination in writing by 4:30 p.m., May 25, 2012 to Tanya Nascimento, Federal Way Public Schools, 33330 8th Avenue South, Federal Way, WA 98003. Date of Issue: May 11, 2012 Date Published: May 11, 2012 2 FEDERAL WAY PUBLIC SCHOOLS School District No. 210 - King County 33330 - 8th Avenue South Federal Way, WA 98003 RESOLUTION NO. 2012-15 A RESOLUTION of the Board of Education of the Federal Way School District No. 210, to provide to the City of Kent the 2013 Capital Facilities Plan. WHEREAS, the Federal Way School District Board of Education hereby provides to the City of Kent the District's 2013 Capital Facilities Plan, documenting present and future school facility requirements of the District, and WHEREAS, the Plan contains all elements required by the Growth Management Act and City of Kent Ordinance No. 3260, which addresses concurrency, allows each school district to establish their own standards of service, and provides for future school impact fees. NOW THEREFORE BE IT RESOLVED that the Superintendent be authorized and directed to submit the adopted 2013 Capital Facilities Plan to the City of Kent. APT this 1 day of June, 2012. Board Secretary r w, Director /��✓vim-�- Directo Director Director r 0 w 0 a m v c fl x w 0 o a d N z o 6 K ~ W W W H � Y O a u O u o ¢ o u o 0 E v 0 c o m a n n vCOi m N W M fi O O � w Z G m w a O ro v vi a � � � � � o 0 o N � mry c o w a ' o u 0 z 0 r SCHOOL DISTRICT. ENGAGE • EDUCATE • EMPOWER June 13, 2012 V1 vP '- 201°L Charlene Anderson Economic and Community Development hf City of Kent d`o�sG. 400 W Gowe Street Kent, WA 98032 Dear Ms. Anderson, Enclosed you will find a copy of the Auburn School District Capital Facilities Plan for 2012 through 2018. The Plan has been prepared and adopted by the Auburn School District Board of Directors on May 29, 2012, in conformance with the Growth Management statutes of the State of Washington. Included in the Plan are the following: ❑ Six-Year Enrollment Projections ❑ Auburn School District Standard of Service ❑ The District's overall capacity of the 6-year period ❑ An inventory of existing facilities ❑ Impact Fee Computations ❑ District Capital Construction Plan The Auburn School District Board of Directors is requesting the plan be adopted by reference as part of the capital facilities element of the City of ICent's Comprehensive Plan and that the school impact fees be set in accordance with the plan for the 2013 fiscal year. The Auburn School District is also requesting a change in the fees for 2013, The calculated fee for single-family is $5,511.69, a decrease of$45.61; and the calculated fee for multi-family is $3,380.26, an increase of$1,075.04. Also, enclosed are the requested SEPA checklist and DNS documents. Please advise if additional information is required or needed. Thank you for your assistance. Si cer r ael Ne a D puty er' endent urine and perations Copy to: Kip Herren, Superintendent, Auburn School District w/o enclosure Denise Stiffarm, K&L GATES LLP w/o enclosure Jeff Grose, Executive Director of Capital Projects w/o enclosure James P. Fugate Administration Building •915 Fourth Street NE•Auburn,WA 98002-4499•253-931-4930 i Auburn School District No. 408 oi } has•°#icy i$s+ J`+a"s A+W d,xKl f '4t l= If 25k 5 f i{ at L 4:, rains a i 2012 through 2018 > A I I Y ,[yjjy r3 Fw+ E�1..✓2. _ r Adopted b the Auburn School District Board of Directors o t p Y May 29, 2012 I ' I II SCHOOL DISTRICT RIC ENGAGE - EDUCATE - EMPOWER 915 Fourth Street NE Auburn, Washington 98002 (253) 931-4900 Serving Students in: Unincorporated King County City of Auburn City of Algona City of Kent City of Pacific City of Black Diamond BOARD of DIRECTORS Lisa Connors Carol Seng Janice Nelson Ray Vefik Anne Baunach Dr. Dennis Kip Herren, Superintendent Table of Contents Section I Executive Summary ....................... Page 1 Section II Enrollment Projections.....................Page 6 Section I II Standard of Service........................ Page 8 Section IV Inventory of Facilities.......................Page 15 Section V Pupil Capacity................................Page 19 Section VI Capital Construction Plan.................Page 22 Section VII Impact Fees.................................. Page 26 Section Vill Appendices................................... Page 30 Appendix A.1 -Student Enrollment Projections Page 31 Appendix A.2 -Capital Facilities Plan Projections Page 45 Appendix A.3-Student Generation Survey Page 50 Auburn School District No. 408 Capital Facilities Plan 2012 through 2018 Section I Executive Summary Auburn School District No. 408 CAPITAL FACILITIES PLAN 2012 through 2018 I. Executive Summary This Six-Year Capital Facilities Plan (the"Plan") has been prepared by the Auburn School District (the"District") as the District's principal planning document, in compliance with the requirements of Washington's Growth Management Act and the adopted ordinances of the counties and cities served by the District. This plan was prepared using data available in the spring of 2012. This Plan is consistent with prior long-term capital facilities plans adopted by the District. However, this Plan is not intended to be the sole plan for all of the District's needs. The District may prepare interim and periodic long-range Capital Facilities Plans consistent with Board Policies and actions, taking into account a longer or a shorter time period; other factors and trends in the use of facilities; and other needs of the District as may be required. However, any such plan or plans will be consistent with this Six-Year Capital Facilities Plan. To enable the collection of impact fees in the unincorporated areas of King County and within the City of Auburn and City of Kent; the King County Council, the City of Auburn and the City of Kent will adopt this Plan by reference as part of each jurisdiction's respective comprehensive plan. To enable the collection of impact fees in the Cities of Algona, Pacific and Black Diamond, these municipalities must also adopt this Plan and adopt school impact fee ordinances. Pursuant to the requirements of the Growth Management Act and the local ordinances,the Plan will be updated on an annual basis, and any changes in the fee schedule(s) adjusted accordingly. The Plan establishes the District's"standard of service" in order to ascertain the District's current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs of the District. The Growth Management Act and the school impact fee ordinance authorize the District to define its standard of service based on the District's specific needs. In general, the District's current standard provides that class size for grades K-2 should not exceed 25 students; class size for grades 3-4 should not exceed 27 students; class size for grade 5 should not exceed 30 students. When averaged over the six elementary grades, this computes to 26.5 students per classroom. Class size for grades 6-12 should not exceed 30 students, with some subject areas restricted to lesser numbers. (See Section III for more specific information.) The capacity of the schools in the District is calculated based on this standard of service and the existing inventory of facilities including transitional classrooms. The District's 2011-12 capacity was 13,725). The actual number of individual students was 14,363 as of October 1, 2011. (See Section V for more specific information.) The capital construction plan shown in Section VI addresses the additions and proposed modernization to the District's existing facilities. This provided for a new high school approved by the voters in February 2003 and opened in September 2005; and the addition of two new elementary schools approved by the voters in February 2005; with Lakeland Hills Elementary opening in the Fall of 2006 and Arthur Jacobsen Elementary opening in the Fall of 2007. The plan includes the construction of a new middle school and a new elementary school, as well as the acquisition of future school sites to accommodate growth. The new facilities are required to meet the projected student population increase to be generated from the large development areas within the Auburn School District. Three areas that have significant impact on the school district are the Lakeland South, the Lea Hill, and the north Auburn valley areas of the district. 2 There are other pockets of development that impact the District as well. The City of Kent has an area of approximately 158 acres that was sold to developers in 2004. The economic downturn has slowed development in these areas, but recent new construction is beginning to pick back up. The district completed a comprehensive review of all district facilities and in October 2008 a Steering Committee made recommendations to the board for capital improvements to existing facilities and replacement of seven schools over the next ten years. These recommendations led to a capital improvements levy and a bond issue that was placed on the ballot in March 2009. Both ballot measures were not successful in March.The board determined to re-run only the capital improvements levy in November 2009,which the voters approved. In the Fall of 2011 the school board determined to move forward with the Auburn High School Modernization and Reconstruction Project and place before the voters in February of 2012. The bond issue was supported by the community at nearly 57% approval rate, but was short of the super majority requirement of 60%. In March of 2012 the school board determined to rerun the bond again in November of 2012. The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent provide for the assessment of impact fees to assist in meeting some of the fiscal impact incurred by a District experiencing growth and development. Section VII sets forth the proposed school impact fees for single family and multi-family dwelling units. The student generation factors have been generated using the students who actually attend school in the Auburn School District from single family and multi-family developments constructed in the last five years. The method of collecting the data is with the use of GIS mapping software, data from King County and Pierce County GIS; and to integrate the mapping with student data from the district's student data system. This method gives the District actual student generation numbers for each grade span for identified developments. This data is contained in Appendix A.3. 3 Aubum School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 '.. EXECUTIVE SUMMARY Listed below is a summary level outline of the changes from the 2011 Capital Facilities Plan that are a part of the 2012 Plan. The changes are noted by Section for ease of reference. Section I Executive Summary A. Updated to reflect new information within the Plan. B. Summary level list of changes from previous year. Section 11 Enrollment Projections Updated projections. See Appendices A.1 &A.2. Section III Standard of Service A. Decrease of 2 structured learning classrooms at elementary level B. Increase of 1 Nativie American resource room at elementary level C. Increase of 2 full-day kindergarten classrooms at elementary level D. Increase of 1 structured learning classrooms at middle level E. Increase of 3 structured learning classrooms at high school level F. Decrease of 1 special education resource room at high school level Section IV Inventory of Facilities No change from 2011-12 to 2012-13. Section V Pupil Capacity No change from 2011-12 to 2012-13. 4 Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 EXECUTIVE SUMMARY Section VII Impact Fees CHANGES To IMPACT FEE DATA ELEMENTS 2011 to 2012 CPF CPF DATA ELEMENTS 2011 2012 EXPLANATION Student Generation Factors Single Family Consistent with King County Ordinance 11621, Elementary 0.3130 0.2610 Student Generation Factors are calculated Mid School 0.1540 0.1300 by the school district based on district Sr. High 0.1650 0.1340 records of average actual student generation Multi-Family rates for new developments constructed Elementary 0.1240 0.1720 over the last five years. Mid School 0.0560 0.0700 Sr. High 0.5190 0.0900 School Construction Costs Elementary $21,750,000 $21,750,000 Middle School $42,500,000 $42,500,000 Site Acquisition Costs Cost per acre $290,381 $326,827 Updated estimates on land costs Area Cost Allowance Soeckh t $183.78 $188.55 Updated to projected SPI schedule. Match %-State 58.67% 58.49% Updated to current SPI schedule. Match%-District 41,33% 41.51% Computed District Average AV Single Family $248,795 $223,057 Updated from March 2012 King County Dept of Assessments data. Multi-Family $67,821 $68,902 Updated from March 2012 King County Dept of Assessments data using weighted average. Debt Serv,Tax Rate $0.93 $0.98 Current Fiscal Year GO Bond Int Rate 4.91% 3.84% Current Rate(Bond Buyers 20 Index 3-12) Section Vill Appendices Appendix A.1 -Updated enrollment projections from October 1, 2011 Appendix A.2-Updated enrollment projections with anticipated buildout schedule. Appendix A.3-Student Generation Survey March 2012 5 i Aubum School District No. 408 Capital Facilities Plan 2012 through 2018 Section II Enrollment Projections I i Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 ENROLLMENT PROJECTIONS The Auburn School District uses a modified cohort survival model to project future enrollment for all of the Districts operations. Table 11.1 is an extract from the comprehensive projection model found in Appendix A.2 titled"CAPITAL FACILITIES PLAN Enrollment Projections". This Table shows the anticipated enrollment for the next six years based on the previous 6 year history of the District under the assumptions set forth in the comprehensive projections, Appendix A.1, and the projection for additional students generated from new developments in the district as shown in Appendix A.2. TABLE ASD ENROLLMENT 11.1 PROJECTIONS March 2012 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 GRADE Actual Projected Projected Projected Projected Projected Projected KDG 1029 1052 1078 1105 1137 1169 1199 1 1068 1077 1104 1131 1163 1196 1226 2 1097 1086 1098 1126 1157 1190 1220 3 996 1112 1103 1117 1149 1181 1211 4 1022 1033 1152 1145 1163 1196 1226 5 1 1018 1042 1056 1176 1 1174 1193 1223 K-5 6230 6402 . 6591 6800 6943 7125 7306 6 1063 1021 1049 1064 1188 1187 1204 7 1032 1081 1043 1071 1091 1217 1213 8 1046 1046 1099 1062 1095 1116 1239 6-8 3141 3149 3191 3197 3374 3519 3655 '.... 9 1273 1260 1265 1322 1292 1329 1350 10 1170 1278 1269 1276 1337 1309 1343 11 1233 1146 1257 1250 1262 1325 1294 12 1316 1251 1167 1 1281 1279 1293 1352 9-12 4992 4934 4958 5127 5170 5256 5339 TOTALS 14,363 14,485 14,740 15,125 1 15,487 15,901 16,299 GRADES K-12 Actual Projected Projected Projected Projected Projected Projected K-5 w/K @ 112 5716 5876 6051 6247 6374 6541 6706 6-8 3141 3149 3191 3197 3374 3519 3655 9-12 4992 4934 4958 5127 5170 5256 5339 K-12 w1K @ 1!2 13,849 13,959 14,200 14,572 14,919 15,317 15,700 Note: The district is currently operating Full Day Kindergarten in eight schools and includes two state funded Full Day Kindergartens at two additional elementary schools. 7 Auburn School District No. 408 Capital Facilities Plan 2012 through 2018 Section III Standard of Service Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 STANDARD OF SERVICE The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent indicate that each school district must establish a "Standard of Service"in order to ascertain the overall capacity to house its projected student population. The Superintendent of Public instruction establishes square footage "capacity"guidelines for computing state funding support. The fundamental purpose of the SPI guidelines is to provide a vehicle to equitably distribute state matching funds for school construction projects. By default these guidelines have been used to benchmark the district's capacity to house its student population. The SPI guidelines do not make adequate provision for local district program needs, facility configurations, emerging educational reform, or the dynamics of each student's educational program. The Auburn School District Standard of Service addresses those local considerations that require space in excess of the SPI guidelines. The effect on the space requirements for both permanent and relocatable facilities is shown below for each grade articulation pattern. Conditions that may result in potential space needs are provided for information purposes without accompanying computations. OVERVIEW The Auburn School District operates fourteen elementary schools housing 6,230 students in grades K through 5. For Kindergarten students;687 of the 1,029 attend 1/2 days throughout the year and 5,201 students, grades 1 through 5, plus 340 kindergartners, attend on a full day basis. When converted to full time equivalents,the K-5 enrollment is 5,885.The four middle schools house 3,141 students in grades 6 through 8. The District operates three comprehensive senior high schools and one alternative high school, housing 4,992 students in grades 9 through 12. CLASS SIZE The number of pupils per classroom determines the number of Classrooms required to house the student population. Specialists create additional space needs. Class sizes are subject to collective bargaining. Changes to class size agreements can have significant impact on available space. The current pupillteacher limit across all elementary programs is an average of 26.5 students per teacher. Consistent with this staffing limit, room capacities are set at 26.5 students per room at grades K-5. At grades 6- 12 the limit is set at 30 pupils per room. The SPI space allocation for each grade articulation level, less the computed reduction for the Auburn School District Standard of Service, determines the District's capacity to house projected pupil populations. These reductions are shown below by grade articulation level. ELEMENTARY SCHOOLS STRUCTURED LEARNING FOR DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates a structured learning program for students with moderate to severe disabilities at the elementary school level which currently uses eight classrooms to provide for 72 students. The housing requirements for this program are provided for in the SPI space guidelines. No loss of capacity is expected unless population with disabilities grows at a disproportionate rate compared to total elementary population. ADAPTIVE BEHAVIOR The Auburn School District operates an adaptive behavior program for students with behavior disabilities at the elementary school level. The program uses one classroom to provide for seven students. The housing requirements for this program exceed the SPI space allocations by one classroom. Loss of Permanent Capacity 1 room @ 26.5 each = (27) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (27) 9 Aubum School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 STANDARD OF SERVICE ' SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the elementary level for special education students requiring instruction to address their specific disabilities. Fourteen standard classrooms are required to house this program. The housing requirements for this program exceed the SPI space guidelines by seven standard classrooms. The loss of capacity is expected as growth in program is larger than the total elementary population. Loss of Permanent Capacity 7 rooms @ 26.5 each = (186) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (186) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates two resource rooms to support the education of Native American students at the elementary level. Two standard classrooms is fully dedicated to serve these students. Loss of Permanent Capacity 2 rooms @ 26.5 each = (53) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (53) HEAD START The Auburn School District operates a Head Start program for approximately 114 youngsters in six sections of 1/2 day in length. The program is housed at three elementary schools and utilizes three standard elementary classrooms and auxiliary office spaces. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 3 rooms @ 26.5 each = (80) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (80) EARLY CHILDHOOD SPECIAL EDUCATION The Auburn School District operates a pre-school program for young children with disabilities below age five. This program is housed at seven different elementary schools and currently uses 10 standard classrooms.The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 10 rooms @ 26.5 each = (265) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (265) READING LABS The Auburn School District operates a program for students needing remediation and additional language arts instruction. These programs utilize non-standard classroom spaces if available in each elementary school. Four elementary schools do not have non-standard rooms available,thus they are housed in a standard classroom. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 26.5 each = (106) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (106) 10 Aubum School District No.40BI CAPITAL FACILITIES PLAN 2012 through 2018 �I STANDARD OF SERVICE MUSIC ROOMS The district elementary music programs require one acoustically modified classroom at each elementary school for music instruction. The housing requirements are not provided for in the SPI space guidelines. Loss of Permanent Capacity 14 rooms @ 26.5 each= (371) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (371) ENGLISH AS A SECOND LANGUAGE PROGRAM The Auburn School District operates a pullout program at the elementary school level for students learning English as a second language. This program requires fourteen standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 14 rooms @ 26.5 each = (371) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (371) I I SECOND GRADE TOSA PROGRAM The Auburn School District provides a TOSA reading specialist program for seven highly impacted elementary schools. This pullout model provides direct instruction to students who are not at grade level and do not receive other services. This program requires eight standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 8 rooms @ 26.5 each= (212) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (212) ELEMENTARY LEARNING SPECIALIST PROGRAM The Auburn School District provides a learning specialist program to increase literacy skills for first and second graders. This program model has been created from the 1-728 funds and currently has the specialist going into existing teacher classrooms, as well as pulling out students into designated classrooms. The district is utilizing classrooms at all fourteen elementary schools. Loss of Permanent Capacity 14 rooms @ 26.5 each = (371) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (371) FULL DAYKINDERGARTEN The Auburn School District provides Full-Day Kindergarten programs to increase academic skills for kindergarten students. This program model has been created from tuition, Title I funds and currently there are two schools receiving state funding for 2011-12 school year. The district is utilizing 16 classrooms at eight of the fourteen elementary schools. Housing requirements exceed the OSPI space guidelines for this program by seven classrooms. Loss of Permanent Capacity 8 rooms @ 26.5 each = (212) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (212) 11 Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 ', STANDARD OF SERVICE MIDDLE SCHOOLS SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program for each grade at the middle school level. This is to accommodate special education students needing remedial instruction to address their specific disabilities. Eight classrooms are required at the middle school level to provide for approximately 316 students. The housing requirements for this program are not entirely provided for in the SPI space guidelines. ADAPTIVE BEHAVIOR SPECIAL EDUCATION The Auburn School District offers a self-contained program for students with moderate to severe behavior diabilities. The program is housed at one of the middle schools and uses one classroom. The housing requirements for this program are provided for in the SPI space allocations. STRUCTURED LEARNING CENTER AND DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates five structured learning classrooms at the middle school level for students with moderate to severe disabilities and one developmentally disabled classroom for students with profound disabilities. Three of the five classrooms for this program are provided for in the SPI space allocations. Loss of Permanent Capacity 3 rooms @ 26.5 each = (80) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (80) MIDDLE SCHOOL COMPUTER LABS The Auburn School District operates a minimum of one computer lab at each middle school. This program utilizes a standard classroom per middle school.The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 30 each= (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at the middle school level for students learning English as a second language. This program requires four standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 30 each = (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) ROOM UTILIZATION The Auburn School District provides a comprehensive middle school program that includes elective options in special interest areas. Facilities to accommodate special interest activities are not amenable to standard classroom usage. The district averages 95% utilization of all available teaching stations. SPI Report#3 dated 12/14/11 identifies 148 teaching stations available in the mid-level facilities. The utilization pattern results in a loss of approximately 8 teaching stations. Loss of Permanent Capacity 8 rooms @ 30 each = (240) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (240) 12 Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 STANDARD OF SERVICE '!I SENIOR HIGH SCHOOLS SENIOR HIGH COMPUTER LABS The Auburn School District operates two computer labs at each of the senior high schools.This program utilizes two standard classrooms at comprehensive high schools and one at West Aubum. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 7 rooms @ 30 each = (210) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (210) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at three comprehensive high schools for students learning English as a second language. This program requires three standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 3 rooms @ 30 each = (90) Loss of Temporary Capacity 0 rooms @ 30 each= 0 Total Capacity Loss (90) ADAPTIVE BEHAVIOR SPECIAL EDUCATION The Auburn School District offers a self-contained program for students with moderate to severe behavior diabilities. The program is housed at one of the high schools and uses one classroom. The housing requirements for this program are not provided for in the SPI space allocations. Loss of Permanent Capacity 1 rooms @ 30 each= (30) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (30) STRUCTURED LEARNING CENTER PROGRAM The Auburn School District operates nine structured learning center classrooms for students with moderate to severe disabilities. This program requires five standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 5 rooms @ 30 each= (150) Loss of Temporary Capacity 0 rooms @ 30 each= 0 Total Capacity Loss (150) SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the senior high level for special education students requiring instruction to address their specific learning disabilities. The current high school program requires 10 classrooms to provide program to meet educational needs of the students. The SPI space guidelines provide for one of the 10 teaching stations. Loss of Permanent Capacity 9 rooms @ 30 each= (270) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (270) 13 Auburn School District No,408 CAPITAL FACILITIES PLAN 2012 through 2018 STANDARD OF SERVICE PERFORMING ARTS CENTERS Auburn High School includes 25,000 square feet used exclusively for a Performing Arts Center.The SPI Inventory includes this space when computing unhoused student capacity. This space was not intended for nor is it usable for classroom instruction. It was constructed to provide a community center for the performing arts. Using SPI capacity guidelines, 25,000 square feet computes to 208 unhoused students or 8.33 classrooms. Loss of Permanent Capacity 8.33 rooms @ 30 each = (250) ROOM UTILIZATION The Auburn School District provides a comprehensive high school program that includes numerous elective options in special interest areas. Facilities to accommodate special interest activities are not amenable to standard classroom usage. The district averages 95% utilization of all available teaching stations. There are 185 teaching stations available in the senior high facilities. The utilization pattern results in a loss of approximately 10 teaching stations. Loss of Permanent Capacity 10 rooms @ 30 each = (300) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (300) STANDARD OF SERVICE COMPUTED TOTALS ELEMENTARY Loss of Permanent Capacity= (2,253) Loss of Temporary Capacity 0 Total Capacity Loss (2,253) MIDDLE SCHOOL Loss of Permanent Capacity= (560) Loss of Temporary Capacity 0 Total Capacity Loss (560) SENIOR HIGH Loss of Permanent Capacity= (1,300) Loss of Temporary Capacity 0 Total Capacity Loss (1,300) TOTAL Loss of Permanent Capacity= (4,112) Loss of Temporary Capacity 0 Total Capacity Loss (4,112) 14 Auburn School District No. 408 Capital Facilities Plan 2012 through 2018 Section IV Inventory of Facilities Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 INVENTORY OF FACILITIES Table IV.1 shows the current inventory of permanent district facilities and their OSPI rated capacities. Table IV.2 shows the number and location of each portable unit by school. The district uses relocatable facilities to: 1. provide interim housing in school attendance areas uniquely impacted by increasing school populations that would otherwise require continual redistricting. 2. make space available for changing program requirements and offerings determined by unique student needs,and 3. provide housing to cover district needs until permanent facilities can be financed and constructed. Relocatable facilities are deemed to be interim,stop gap measures that often place undesirable stress on existing physical plants. Core facilities (i.e. gymnasiums,restrooms,kitchens,labs,lockers,libraries,etc.) are not of sufficient size or quantity to handle the increased school population served by adding relocatable classrooms. Table Permanent Facilities District School Facilities IVA Qa OSPI Rated Capacity (December 2011) Building Capacity Acres Address Elementary Schools Washington Elementary 486 5.40 20 E Street Northeast,Auburn WA,98002 Terminal Park Elementary 408 6.70 1101 D Street Southeast,Auburn WA,98002 Dick Scobee Elementary 477 10.50 1031 14th Street Northeast,Auburn WA,98002 Pioneer Elementary 441 8.30 2301 M Street Southeast,Auburn WA,98002 Chinook Elementary 440 8.75 3502 Auburn Way South,Auburn WA, 98092 Lea Hill Elementary 450 10.00 30908 124th Avenue Southeast,Auburn WA,98092 Gildo Rey Elementary 551 10.00 1005 37th Street Southeast,Auburn WA,98002 Evergreen Heights Elem. 456 8.09 5602 South 316th,Auburn WA,98001 AI ac Elementary 497 10.60 310 Milwaukee Boulevard North,Pacific WA,98047 Lake View Elementary 559 16.40 16401 Southeast 318th Street,Auburn WA,98092 Hazelwood Elementary 580 12.67 11815 Southeast 304th Street,Auburn WA,98092 Ilalko Elementary 585 12.00 301 Oravetz Place Southeast,Auburn WA,98092 Lakeland Hills Elementary 594 12.00 1020 Evergreen Way SE,Auburn WA,98092 Arthur Jacobsen Elementary 614 16.00 29205 13 F Street SE,Auburn WA,98092 ELEM CAPACITY 7,138 Middle Schools Cascade Middle School 829 17.30 1015 24th Street Northeast, Auburn WA,98002 Olympic Middle School 921 17.40 1825 K Street Southeast,Auburn WA,98002 Rainier Middle School 843 26.33 30620 116th Avenue Southeast,Auburn WA,98092 Mt.Baker Middle School 837 30.88 620 37th Street Southeast, Auburn WA,98002 MS CAPACITY 3,430 Senior Hiah Schools West Auburn High School 233 1 5.10 401 West Main Street, Auburn WA,98001 Auburn Senior High 2,101 18.60 806 Fourth Street Northeast,Auburn WA,98002 Auburn Riverside HS 1,387 33.00 501 Oravetz Road.Auburn WA,98092 Auburn Mountainview HS 1,443 40.00 28900 124` Ave SE,Auburn WA,98092 SHCAPACITY 5,164 TOTAL CAPACITY 15,732 16 Igo " _ ® I Ell ■NI :.. ell b "= 1[x�rqy,$pae .�s ®• ®F lill=E 1 ere 4wts4sv� fl jFan} •'I • "1 G ®Y1��Ife`I. lj �:.a. pp 111 ©rdoli�l �. _ 1L�1 �� �, -1 Sul IN IN `® ®®af®1®®rillla IIIIIBK�®llclell 1 'tAA���Y. ®r ®Ile; ®: IicL91111 ® v. Eim7 It` CC Jl ®_y ®ira Riles .� � �11�� RRIM __-=== ISO o• �� �Cd'y—oi_ l � 1114't_!i7_— Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 INVENTORY OF FACILITIES TABLE TEMPORARY/RELOCATABLE IV.2 FACILITIES INVENTORY (March 2012) Elementary Location 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 Washington 0 0 0 0 0 0 0 Terminal Park 2 2 2 2 2 2 2 Dick Scobee 3 3 3 3 3 3 3 Pioneer 3 3 3 3 3 3 3 Chinook 5 5 5 5 5 5 5 Lea Hill 5 5 2 2 2 2 2 Gildo Rey 6 6 6 6 6 6 6 Evergreen Heights 0 0 2 2 2 2 2 Aipac 2 2 2 2 2 2 2 Lake View 2 2 2 2 2 2 2 Hazelwood 0 0 0 0 0 0 0 Ilalko 2 2 2 2 2 2 2 Lakeland Hills Elementary 2 2 4 4 4 4 4 Arthur Jacobsen Elementary 0 0 0 1 0 0 0 0 TOTAL UNITS 32 32 33 33 33 33 33 TOTAL CAPACITY 848 848 875 875 875 875 875 Middle School Location 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 Cascade 0 0 0 2 2 2 2 Olympic 0 0 0 2 2 2 2 Rainier 5 5 7 7 8 8 8 Mt. Baker 8 8 8 8 8 8 8 TOTAL UNITS 13 13 15 19 20 20 20 TOTAL CAPACITY 390 390 450 570 600 600 600 Sr. High School Location 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 West Auburn 0 0 0 1 1 1 1 Auburn High School 12 12 12 12 12 12 12 Auburn High School-*TAP 1 1 1 1 1 1 1 Auburn Riverside 13 13 13 13 13 13 13 Auburn Mountainview D 0 0 0 0 0 0 TOTAL UNITS 26 26 26 27 27 27 27 TOTAL CAPACITY 780 780 780 810 810 810 810 *TAP-Transition Assistance Program for 18-21 year old students with special needs. COMBINED TOTAL UNITS 71 71 74 79 80 80 80 COMBINED TOTAL CAPACITY 2,018 2,018 2,105 2,255 2,285 2,285 2,285 18 Auburn School District No. 408 Capital Facilities Plan 2012 through 2018 Section V Pupil Capacity Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 PUPIL CAPACITY While the Auburn School District uses the SPI inventory of permanent facilities as the data from which to determine space needs, the District's educational program requires more space than that provided for under the formula. This additional square footage is converted to numbers of pupils in Section III, Standard of Service. The District's capacity is adjusted to reflect the need for additional space to house its programs. Changes in the capacity of the district recognize new unfunded facilities.The combined effect of these adjustments is shown on Line B in Tables VA and V.2 below. Table VA shows the Distict's capacity with relocatable units included and Table V.2 without these units. Table VA Capacity WITH relocatables 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 A. SPI Capacity 15,732 15,732 15,732 15,732 15,732 15,732 16,632 A.1 SPI Capacity-New Elem 550 1/ A.2 SPI Capacity-New MS 800 B. Capacity Adjustments 1,954 2,094 2,094 2,008 1,858 1,828 1,828 C. Net Capacity 13,778 13,638 13,638 13,725 13,875 14,705 15,255 D. ASD Enrollment 14,363 14,485 14,740 15,125 15,487 15,901 16,229 3/ E. ASD Surplus/Deficit (585) (847) (1,102) (1,401) (1,613) (1,197) (975) CAPACITY ADJUSTMENTS Include Relocatable 2,018 2,018 2,018 2,105 2,255 2,285 2,285 2/ Exclude SOS pg 14) 3,972 4,112 4,112 (4,112 4,112 (4,112 (4,112 Total Adjustments (1,954) (2,094) (2,094) (2,0081 (1,858) (1,828) (1,828) Table V.2 Capacity WITHOUT relocatables 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 A. SPI Capacity 15,732 15,732 15,732 15,732 15,732 15,732 16,532 A.1 SPI Capacity-New Elem 550 1/ A.2 SPI Capacity- New MS 800 B. Capacity Adjustments 3,972 (4,112) (4,112 4,112 (4,112 4,112 4,112 C. Net Capacity 11,760 11,620 11,620 11,620 11,620 12,420 12,970 D. ASD Enrollment 14,363 14,485 14,740 15,125 15,487 16,901 16,229 3/ E. ASD Surplus/Deficit (2,603) (2,865) (3,120) (3,505) (3,867) (3,481) (3,259) CAPACITY ADJUSTMENTS 2/ Exclude SOS 14 3,972 4,112 4,112 4,112 4,112 4,112 4,112 Total Adjustments (3,972) (4,112) (4,112) (4,112) (4,112) (4,112) (4,112) 1/ New facilities shown in 2016-17 and 2017-18 are not funded under the current Capital Facilities Plan. 2/ The Standard of Service represents 25.38%of SPI capacity. When new facilities are added the Standard of Service computations are decreased to 23.35%of SPI capacity. 3/ Students beyond the capacity are accomodated in other spaces(commons, library,theater,shared teaching space). 20 Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 PERMANENT FACILITIES PUPIL CAPACITY @ SPI Rated Capacity (March 2012) A. Elementary Schools Building 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 Washington 486 486 486 486 486 486 486 Terminal Park 408 408 408 408 408 408 408 Dick Scobee 477 477 477 477 477 477 477 Pioneer 441 441 441 441 441 441 441 Chinook 440 440 440 440 440 440 440 Lea Hill 450 450 450 450 450 450 460 Gildo Rey 551 551 551 551 551 551 551 Evergreen Heights 456 456 456 456 456 456 456 Alpac 497 497 497 497 497 497 497 Lake View 559 559 559 559 559 559 559 Hazelwood 580 580 580 580 580 580 580 llalko 585 585 585 585 585 585 585 Lakeland Hills 594 594 594 594 594 594 594 Arthur Jacobsen 614 614 614 614 614 614 614 Elementary#15 585 ELEM CAPACITY 7,138 7,138 7,138 7,138 7,138 7,138 7,723 B. Middle Schools Building 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 Cascade 829 829 829 829 829 829 829 Olympic 921 921 921 921 921 921 921 Rainier 843 843 843 843 843 843 843 Mt. Baker 837 837 837 837 837 837 837 Middle School#5 800 800 MS CAPACITY 3,430 3,430 3,430 3,430 3,430 4,230 4,230 C. Senior High Schools Building :5,164 2 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 West Auburn 233 233 233, 233 233 233 Auburn 2,101 2,101 2,101 2,101 2,101 2,101 Auburn Riverside 1,387 1,387 1,387 1,387 1.387 1,387 Auburn Mountainview 1,443 1,443 1,443 1,443 1,443 1,443 SH CAPACITY 5.164 5,164 5,164 5,164 5,164 5,164 COMBINED CAPACITY 1 15,732 1 15,732 1 15,732 1 15,732 1 15,732 176,532 17,117 21 Auburn School District No. 408 Capital Facilities Plan 2012 though 2018 Section VI Capital Construction Plan Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 CAPITAL CONSTRUCTION PLAN i The formal process used by the Board to address current and future facility needs began in 1974 with the formation of a community wide citizens committee. The result of this committee's work was published in the document titled 'Guidelines for Development.' In 1985 the Board formed a second Ad Hoc citizens committee to pick up from the work of the first and address the needs of the District for subsequent years. The work of this committee was published in the document titled 'Directions for the Nineties.' In 1995 the Board commissioned a third Ad Hoc citizens committee to make recommendations for improvements to the District's programs and physical facilities. The committee recommendations are published in the document titled 'Education Into The Twenty-First Century- -A Community Involved.' The 1995 Ad Hoc committee recommended the District develop plans for the implementation, funding, and deployment of technology throughout the District's programs. The 1996 Bond proposition provided funding to enhance the capacity of each facility to accommodate technological applications. The 1998 Capital Levy provided funding to further deploy technology at a level sufficient to support program requirements in every classroom and department. In 2005 a replacement technology levy was approved to continue to support technology across all facets of the District's teaching, learning and operations. In addition to the technology needs of the District, the Ad Hoc committee recognized the District must prepare for continued student enrollment growth. As stated in their report, "the District must pursue an appropriate high school site as soon as possible" The Ad Hoc recommendation included commentary that the financing should be timed to maintain consistent rates of assessment. A proposition was approved by the voters on April 28, 1998 that provided $8,000,000 over six years to address some of the technology needs of the District; and $5,000,000 to provide funds to acquire school sites. During the 1997-98 school year, a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Dieringer School Boards to make recommendations on how best to serve the school population from an area that includes a large development known as Lakeland South. Lakeland South at that time was immediately adjacent to the southern boundary of the Auburn School District. On June 16, 1998 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Dieringer Boards of Directors. On June 22, 1998 the Auburn School Board adopted Resolution No. 933 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 23, 1998 the Dieringer School Board adopted a companion Resolution No. 24-97-98 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from Dieringer to Auburn containing most of the Lakeland South development and certain other undeveloped properties. In April of 2002, the Board formed a fifth citizen's Ad Hoc committee to address the following two items and make recommendations to the board in the Fall of 2002: a. A review of the conclusion and recommendations of 1985 and 1995 Ad Hoc Committees related to accommodating high school enrollment growth. This included the review of possible financing plans for new facilities. b. Develop recommendations for accommodating high school enrollment growth for the next 10 years if a new senior high school is not built. 23 Aubum School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 CAPITAL CONSTRUCTION PLAN This committee recommended the board place the high school on the ballot for the fifth time in February 2003. The February election approved the new high school at 68.71% yes votes. The school opened in the Fall of 2005. In the Fall of 2003 the school board directed the administration to begin the planning and design for Elementary#13 and Elementary#14. In the Fall of 2004, the Auburn School Board passed Resolution No. 1054 to place two elementary schools on the ballot in February 2005. The voters approved the ballot measure in February of 2005 at 64.72%. Lakeland Hills Elementary (Elementary #13) opened in the Fall of 2006. Arthur Jacobsen Elementary(Elementary#14) is located in the Lea Hill area on a 10 acre site and opened in the Fall of 2007. These two elementary schools were built to accommodate the housing growth in Lakeland Hills and Lea Hill areas of the school district. In the 2004-05 school year, the Board convened a sixth Citizen's Ad Hoc committee to again study and make recommendations about the future impacts in the District. One of the areas of study was the need for New Facilities and Modernization. The committee made a number of recommendations including school size, the need for a new middle school, and to begin a capital improvements program to modernize or replace facilities based upon criterion. During the 2005-06 school year, a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Kent School Boards to make recommendations on how best to serve the school population that will come from an area that includes a number of projected developments in the north Auburn valley. On May 17, 2006 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Kent Boards of Directors. On June 14, 2006 the Kent School Board adopted Resolution No. 1225 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 26, 2006 the Auburn School Board adopted a companion Resolution No. 1073 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from the Kent School District to the Auburn School District effective September 29, 2006. In October of 2008, after two years of review and study, a Steering Committee made recommendations to the school board regarding the capital improvements program to modernize or replace facilities as recommended by the 2004-05 Citizen's Ad Hoc Committee. These recommendations, based on specific criteria, led to the school board placing a school improvement bond and capital improvements levy on the ballot in March 2009. Voters did not approve either measure that would have updated 24 facilities and replaced three aging schools. The board decided to place only a six-year Capital Levy on the ballot in November of 2009, which passed at 55.17%. The levy will fund $46.4 million of needed improvement projects at 24 sites over the next seven school years. Planning for the replacement of aging schools has started with educational specifications and schematic design process beginning in 2010. A future bond issue will be necessary to fund these projects. The Special Education Transition Facility opened in February of 2010. This facility is designed for students with disabilities that are 18 to 21 years old. The school district acquired a site for a future middle school in 2009 and will need to consider possibilities for a site for elementary school #15. 24 i Auburn School District No.408 CAPITAL FACILITIES PLAN 2012 through 2018 CAPITAL CONSTRUCTION PLAN The District is projecting 1930 additional students within the six-year period including the Lakeland, Lea Hill, and north Auburn valley areas. This increase in student population will require the acquisition of new middle school and new elementary school sites and construction of a middle school and elementary school during the six-year window. Based upon the District's capacity data and enrollment projections, as well as the student generation data included in Appendix A.3, the District has determined that approximately eighty- six percent of the capacity improvements are necessary to serve the students generated from new development, with the remaining additional capacity required to address existing need. The table below illustrates the current capital construction plan for the next six years. The exact timelines are wholly dependent on the rate of growth in the school age population and passage of bond issues and/or capital improvement levies. l!I 2012-18 Capital Construction Plan March 2012 Projected Fund Project Timelines Project Funded Cast Source 11-12 12-13 13-14 14-15 15-16 16-17 17-18 All Facilities- 2006 Technology Yes $12,000,000 6 Year XX Modernization Cap Levy Portables Yes $1,200,000 Impact XX XX XX XX XX XX Fees 1/ Property Purchase Impact New Elementary No $3,500,000 Fees XX XX XX Multiple Facility Yes $46,400,000 Capital XX XX XX XX XX XX Improvements Bond XX XX XX 1/ Middle School#5 No $42,500,000 Impact Fee plan cons t open Bond XX XX XX 1/ Elementary#15 No $21,750,000 Impact Fee plan const open AHS No $110,000 Bond Issue XX XX XX XX XX 1/ Modernization plan Ian const const o en 1/ These funds may be secured through local bond issues,sale of real property,impact fees,and state matching funds. The District currently is not eligible for state assistance at the elementary school level for new construction. The district is eligible for state matching funds for modernization. 26 Auburn School District No. 408 Capital Facilities Plan 2012 through 2018 Section VII Impact Fees T N O T T M N Ec a Ego m E Ev, � on LL A U r -1 N O E m w m ro m N m rn rn o w o N M H. p LL !O O N a LL y� Oi O ^ o LL OMi tMfi O byp U N n 0 0 n U N T [D O Ip U N V N U U d O 4'1 M• K _ W H} ^ G fh C fR fR fH bJ "F f9 E O o o m E o 0 o E o o o E o 0 0 {p N O O O. N N O O m N O O (0 N O O 0 0 0 J U 0 0 0 ^0 V 3 0 0 0 V 3 0 0 0 c a c K c c E 0 0 0 pv J y N W N N N N N a p)O O O y m C O O a W OI O O G d m C O O 76 G C N J O N LL F LL O O .L � �LLmmm �O QLL � U � eoo N oV v000 WcN �vvv WZ+� v� N � LL •c � nnn r LL ' c o. m 2 c E mrnrn 2 m c'N E o o 00 w m o0 u c LL � WO m `m `00 0o WQ o• 000 � O � � � h ? 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'! N U N W M p � a Q d m 0 L N N N C 01 t0 p C 0 = N L U O n N YJ U C O O OJ m w IL IL O O p d r tO O � j N V N A N C N X W O N M vOi E O IQ- 2. T T N vyi '00 W c N .G N CdJ c N } m a L O N N C G H JU W y p LN OO L C Ny U OOT N N07 W w 99NL WN0 Ny O0) LL E U m E w L o c N C 'O N L `° o m N O) N cL Q W U N p1 C N y MN G Y LL c U c �n ui N a y E4] (� m � � a Tc10i 4! mpp Oe E Z'.oc 0Cy y y A y o m �' c E � � (a/J o m E � c c�i cry n `o m m 0, UU C0 E EE a E E rn K aU W � Q Q U f1 w y ? « .T.. y N N N N N C U y N O y y F- C N f0 LL tJ O (n fn N N Q Y L L fn m U N� Q J J N m LLLL a v. Q a0 a4: � m m m« d °" y mzz r°'- �nm ah � o o vim � � a oc7 vJ Auburn School District No. 408 Capital Facilities Plan 2012 through 2018 Section VIII Appendix Appendix A.1 - Student Enrollment Projections Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections Appendix A.3 - Student Generation Survey Appendix A.1 - Student Enrollment Projections II Auburn School District #408 Student Enrollment Projections October 2011 Introduction The projective techniques give some consideration to historical and current data as a basis for forecasting the future. In addition,the `projector' must make certain assumptions about the operant variables within the data being used. These assumptions are"judgmental"by definition. Forecasting can be defined as the extrapolation or logical extension from history to the future,or from the known to the unknown. The attached tabular data reviews the history of student enrollment,sets out some quantitative assumptions, and provides projections based on these numerical factors. The projection logic does not attempt to weigh the individual sociological,psychological,economic, and political factors that are present in any demographic analysis and projection. The logic embraces the assumptions that whatever these individual factors have been in the past are present today, and will be in the future. It further moderates the impact of singular factors by averaging data over thirteen years and six years respectively. The results provide a trend,which reflects a long(13-year) and a short (6-year)base from which to extrapolate. Two methods of estimating the number of kindergarten students have been used. The first uses the average increase or decrease over the past 13 and 6-year time frame and adds it to each succeeding year. The second derives what the average percentage Auburn kindergartners have been of live births in King County for the past 5 years and uses this to project the subsequent four years. The degree to which the actuals deviate from the projections can only be measured after the fact. This deviation provides a point of departure to evaluate the effectiveness of the assumptions and logic being used to calculate future projections. Monitoring deviation is critical to the viability and credibility of the projections derived by these techniques. Tables Table 1—Thirteen Year Histoni of October 1 Enrollments—page 3 The data shown in this table is the baseline information used to project future enrollment. This data shows the past record of enrollment in the district on October I of each year. Table 2—Historical Factors Used in Projections-page 4 This table shows the three basic factors derived from the data in Table 1. These factors have been used in the subsequent projections. The three factors are: 1. Factor 1 —Average Pupil Change Between Grade Levels This factor is sometimes referred to as the"holding power"or"cohort survival." It is a measure of the number of pupils gained or lost as they move from one grade level to the next. 2. Factor 2 -Average Pupil Change by Grade Level This factor is the average change at each grade level over the 13 or 6-year period. 3. Factor 3—Auburn School District Kindergarten Enrollment as a Function of King County Live Births. This factor calculates what percent each kindergarten class was of the King County live births in the 5 previous years. From this information has been extrapolated the kindergarten pupils expected for the next 4 years. 1 Table 3—Projection Models—pages 5-13 This set of tables utilizes the above mentioned variables and generates several projections.The models are explained briefly below. ❑ Table 3.13 (pg 5)—shows a projection based on the 13-year average gain in kindergarten (Factor 2)and the 13-year average change between grade levels(Factor 1). The data is shown for the district as a whole. ❑ Table 3.6 (pg 5)—shows a projection using the same scheme as Table 3.13 except it shortens the historical to only the most recent 6 years. ❑ Table 3.13A and 3.6A(pg 6)—uses the same factors above except Factor 3 is substituted for Factor 2. The kindergarten rates are derived from the King County live births instead of the average gain. ❑ Tables 3E.13, 3E.6,3E.13A, 3E.6A(pg 7)—breaks out the K-5 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Tables 3MS.13,3MS.6,3MS.13A, 3MS.6A (pg 8)—breaks out the 6-8 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Tables 3 SH.13, 3SH.6,3SH.13A, 3SH.6A(pg 9)—breaks out the 9-12 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Table 4(pg 10)—Collects the four projection models by grade group for ease of comparison. ❑ Table 5 (pgs 11-13)—shows how well each projection model performed when compared with actual enrollments. Data is provided in both number and percent formats for the past 13 years. Summary This year we had the third consecutive year of decline in student enrollment of 119 students.The loss of those students changes our historical average gain in students.Over the past 6 years the gain is now .33%annually down from .97%;that equates to 46 students down from 136 in prior projections. Using the 13 year model, the average gain has dropped from.92%to .81%and equates to 109 students annually down from 122 students in prior year. Using the cohort survival models,the data below is a summary of the range of variation between the four models. This data can be used for planning for future needs of the district. The models show changes in the next six years: • Elementary level shows increase ranging from 496 to 657. (page 7) • Middle School level shows increase ranging from 310 to 352. (page 8) • High School level shows increases ranging from 5 to 13. (page 9) The models show these changes looking forward thirteen years: • Elementary level shows increase ranging from 1287 to 1419. (page 7) • Middle School level shows increase ranging from 502 to 625. (page 8) • High School level shows increase ranging from 582 to 625. 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O .- N wig Qw min - O .- Q � m Qw mm YO N wN vin m� v 0 .- � �nm vw mm d - M N ` O a u) fn c c - 0 z � a « � Q o O v O:Q O O od W M N O O M W = M m m w ° W. 6 N O O M -� `m0 m om m m O wnM o ro � m om m .- m„m„ -�.� 0 mom Qo M. o,.N a N ' ' N c ` o a ` M N O V nwj' .r. 0 L a ` N N c N v r w =(pCJ CC =.CJ CCZCJ CC SCJ C y.'pOQNMOMwN@ (J O ¢ NMOMwN w 'm 0.0QNMOMmN ma ma o co �':` U •- •- Q `o o 'a�. mU Q o 'aW w m ¢ mU •- •- Q a w.ma vR [q ¢1Q w a COS ow a wa w ^ W O v W Q w O v N � a N n 0 N N O m m i.m o i.m � >,uNio i.m Nmm i.00 p N N m p N Oml m p N (m0 m m m C m M p N O V p N m O p N ry p N d O O N N O N Q m O N IMn O N mj m O N M m N M N m Icl � m n M N o n M N OI m M 1Il N � r' Z p � n 0 O N m N O N �rI O OI V O N M N m O M h h IM[l d N fM0 r w V n M m T [O m N m O m o N o O O N m m O m M O m c m m O K o O m m K o � � amo K omm mm rl m lnm 0' acaom Ir IL r -� omo -' om '' a m mM ONmNm aov L O N � n O N In O N a pI m O N a O O N Nm Nm W m K rn rn m S rn m v m c d' m N N N N K o m V J ❑ O m O m a m O m m i° N O m m rn rn m O N 2 a mar a °° umi umi m °' mm Mlai M mNN lan voi Of d w a r Z m m m m w p _ .- m p mn O rn h m liI O morn o O ❑ a n .- d ^ N a .n- m M m m per, I` V uoi v lorl d o D O X: la v my m m m m O m m m m O � m �- Kmmw [L mMMmm � mommrn K min ` a, a � •- a .- mm a .- mM M M a � vo vc o_ .- N M m m m m m m M n M m N (O N m m IfI m m (9 M m m m m m ❑ O �- m m N N O W N N o O �- m m m m O r v n v n O m rn m rn 0 Q U O n m o o O a � a � mm mm a � e� rl rI m a � amvm a .- Z m O ❑ � � cnoo 0o K 'm uPi � � � a mMal Inm a Mcc v V per. m � � � `r Q ' a a O � m c n n n m o m 00 O v V O N N N N O O p O O N o a n Z.. p d - F W ¢ 0 W W Q❑ ❑ m ❑ m ¢ o' Q❑ cQ'I ¢ Q❑ Q ❑ R' M 9 ¢ ❑ a M m Q ❑ m m ❑ 2' IO m m o'1 Q F (7 Z co m K U' � m m K (D 0 oS wm w (9SSSS N 0 — m m Y ww W W (7 W W W W 0 O i ai ai N 0 6 0 N d O U O e e v e a a o 0 o e o e o 0 0 0 ��55mv m m �5 ml�mn m.- m.- �255 min�nm 5� mrn $$ m N 6l M O m"' N N N N II�� m tp O M .49 m M M M M M j$ m e e e o o O Ci O M o ,Q T M M W a prj Itl M y � v o N q1 Q L" N '=C O O .Q `IO N m 00 O $: M V M V 00 p $Z V 10 V N Om ❑ R m m r VI .N C O h r h h r F O FO O to N m m O M M M M M � z a000 eeve eeve 000 < Z W O O O F O F fq VJ t7 fV v N OO O J S 2 } } W m Z Ip M Q V r N m m Yl m LL] m m r m m m W m m M M O m m mm m O O O OO O O R VV O M M M M M ❑ H N W (O O) c Q (p r v r a` 5� r �[l r 10 e Q 10 10 m N 0 U U x ❑ v6 ¢ o �'+ mm � o xM 61 mm om m mM om �`0M J al O O m r l0 o p �c V N V N O p vl m In m O p l0 O d Q p N V N N n O a O p �p o m m m m rn v m v U p R fO 47 m N O N O m 0 t0 M N O Ol N o m m m m m o m a o o a o m m m. M m o N fd Q a 'moo H In m In m m F- N M M M m I- d' V R C V F- m M M m z = Z p � > > ZE U N e v e v o v o v e e o m ¢ O omom �5 vMmv = ate. m - _ 5jmm � N o 5� vm am o Rmmmo R Mmo v < 2p:(7 V N COi `..N..O .- {V cV s [V N Ci O 6 cs O W ¢ a o z ? a a O nn m m mNm m Mvs M m m4- m mmm mRE UV` o E O m p Rr � v 1- mp v�.v r mp Rr mr m mp Rv y.- �n W m o pza O aII ry m m ID .- m O h t0 r m jp 10 M .- m �p j0 o O m m II II 10 r M m h N W N W N O O O O.m O m O m r r W r O Q1 m m O m O N M t7 [n t+l O I- p < Q J m ¢ J N ¢ m (O Q m LO ¢ m m y ¢ (O f0 LLI ❑J ❑! IL m IL LLI LLI LLI = w w w w IL W LLl tll F E2. co''Y ¢ aaaa �`� ¢ a` a` a` a` �'..rn ¢ mmmm 3c� ¢ a` aaa N Q 0 N N O I I m m I aF3 r m m r m N [G m 10 m tb �p m m u'1'm LO jp O � rN M N N O C� C� N (n Y Y K NO o j Q1 p] N N N W m OI U U N LU W m V r h t0 h (O O O N O N m N P � N > j22 F- } � } evae eevo veso oeee �j5$ Orn [O N 7755 "0 �0 W LOUD �$ W Who Rv v Rm mmm $ZN mtp cli �N,N o000 �C� C4N N Q MO Z } yY } o ❑ RI° Vm N Oo � R � `. 000 R `.`..� O � �.� m W W M M M [•) O O m m � � O V M.Q M V' O N O O O O O (O V N V I[i U � MUWim n � 5� � o � a � Rm om o o Rm m °� o "O Q Q p p � m r O ❑ R M�?M M O D O Q M N M N � h 0 IU O V � mN h N h yypp N m O W O ry W W. W O m W m o W m M M b o m m m m p o h ro r W y Z..Bi Qva h � � ul`i rn uhi HM �nmmin F- �nv c vv F � � r .M- � R' 0:c > > > 7 'o ° � A o o v o a < a e o o e e o 0 o e m U U o Q m v v j� 10 W e o m O m a jf N r v o d {p ;,,� �• o y M N W a Q W O W O m W m fq G Q i w m o o o W m W m •n M M M o 00 ¢ o O CD 9 in o pW h d' ❑ N O N O a (O N m (O 00 N �- W:9 Q Z00 a N N N N a R1 II M (O N P W h m m 1O W (O W (O W W mr W m O y J W m fQO 'l M O W m t¢ 1¢➢ W 9 N M m m m „m M M M m V.� F M M M M ? M M M M H (7Y Qa a` a` a` (7 � Ld Qaa a` a + Q o. aaa 3U' ¢ a` aaa N n o I N O U Q O p U U N N N f] yj C E rn C o� E o o E N p m o o f d ° ro N m � 0 m o a I a m a '."E E Q c O 5 o 0 0 o LLI vi c 0 � ? yY QO 5� v M:�In � O Q `�.�v`r 1 0 ¢ � hvm v Q Q IL Z ZS N Ol m m IA m m M Y N O N O o i5 C N r r LLI O O o r N N a N N N N o m N m N N m m O O O Z > } } y � � v m m m o n m r m r o ❑ R a+ N N N o � P. M � N � m m m m N N N N d W v L m NN m m rn m m.m W m m C1 (7 O N N N NN O N N N N D g m O NO O M M Q m V W o v o 0 o e s F 0 0 n n c E5 N N m p U ct o 25 `*K o R O N p p N N N v v V v N 0 •= d O O m N m N m m V (O C (O gip - 1'- r V9 Chl m O tN+J O m N N m N N O C tU et m y O N N M N N O N NN N N O O ULO QI O Z m as F co mom m F- mmm mM I- Nv.. Nvm I- Z U o c c IO o U c c o o a yJ( o e 2yy 0 0 0 Ord U U o pj r r th (V (V O O OO Ci a U v v O p Q E o z a a p O 6 O O.0 .na m m mu' m 'n m J�([ mr m r mm o mo m � Q' m nr O 0 W.0 U S N N N N N K o z a m m r m N m d Rl II II p �.N N N N H � � Mm i=- n MnM W Fc+Wi cWi cwn eW'� Q Qdd da` (9.. Qo. a` a` a` [7. Qaa` Rd aU' ddd d N c Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections � Ego ooa � u6o0 oo p C N 6 6 N � da um O O O O m LL C S 40 0 0 ifa (D N O h N WSJ O O W M N M na C C O ` U) 2 a N V E02 t6 N N 7 N f�0 M M N O O O O O O N (O M M N D N N N N N IL W m h Coco M W �V V O V N N OM1 N = N N N G N G M m U O N `p 0 0 0 ifJ O N O — 0 0 h M LL> �h N M O r h m M � a N L N o U o r J N O O �,.� O V C' r M d. V N N N N r Ifl Q N ^ 20 G ro C T c O O F h CZm N a t0[J N N N N n n h N N M M r M h OND _ O r C m N p m N W y N Z T o N C �N., m y r m V O E -I yN C G O l0 N d' V' N N 41 h h r N N /D N M r N pr V t0 N k 'Op O 7 w m N m m ro 0 r C11 O F ICO b m G N t00 � M M M H O ^ N N 7 N N N (Op VO' m N. � r V m N n C? 04 N.. �` m >, W > > o N O 4 O 0 C o U- LL u m C C N a♦-. 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Op N N r 0 to N r 00 N CO O r D. 61 r in h 0 U C h d• O M M co N lf) r r W O mO N O y r M W L O N W N U R 'p 00 O O 0 0 0 0 O 0 0 CO LO r LO N IT O T LO r h O CO M V r E m C N N LD t? m 0 > O m r V CA W O O N O r N m N N M O M 0000 R N { h co I-- r r r M co O 00 CL r L L) U O a) d) O O O N (A r N O N h LC7 LO O O N V W O) N h h O h r r r M 0 CO r W O co M V' r N W r co M N r r N N t0 C1 r cc C L 7 a O in a) N [a O � — d Q N in > c aJ 2 Y Z' R (�4 m E o E m = 0 o = J 0 -J Z -a LLLc 0 CL aS ~ c O CL .-. = N m M m R{ p c p J Y 'S > a fa m O Q 0 3Ua d co D y — d � .0 Na LLU W E o •a •o -oioF- °c w ac B2 a> a f- O W o c c c c -o Q - c E c M c E c - t0 aT a5 a5 c C) O a) 2 .- N .r O as ca N u7 m a a) Y Y Y Y 01 U N 0 '� r .O - Y c G a m C) J J J J J d C (n � F- N LQ J Cn JV SCHOOL DISTRICT ENGAGE • EDUCATE • EMPOWER May 8, 2012 Attn: Dept. of Planning Services City of Kent 400 W Gowe St Kent, WA 98032 To Whom It May Concern: Enclosed are the Determination of Non-Significance ('DNS") and the Environmental Checklist for the adoption of the Auburn School District 2012 Six-Year Capital Facilities Plan. The comment period on the DNS expires at 4:00 p.m. on May 29, 2012. Sincerely, eh 1 New ep y Super i ten ent, Business/Operations Enclosures James P. Fugate Administration Building •915 Fourth Street NE•Auburn,WA 98002-4499• 253-931-4900 DETERMINATION OF NONSIGNIFICANCE Issued with a 14-day comment and appeals period Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single course of action: 1. The adoption of the Auburn School District's 2012-2018 Capital Facilities Plan by the Auburn School District No. 408 for the purposes of planning for the facilities needs of the District; and 2. The amendment of the Comprehensive Plans of King County and the cities of Auburn and Kent to include the Auburn School District's 2012-2018 Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The cities of Algona, Pacific, and Black Diamond may also amend their Comprehensive Plans to include the Auburn School District's Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. Proponent: Auburn School District No. 408 Location of the Proposal: The Auburn School District includes an area of approximately 57 square miles. The Cities of Auburn, Algona, Black Diamond, Kent, and Pacific and parts of unincorporated King County fall within the District's boundaries. Lead Agency: Auburn School District No. 408 The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment, An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 4:00 p.m., May 29, 2012. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official: Mike Newman Deputy Superintendent, Business and Operations Auburn School District No. 408 Telephone: (253) 931-4900 Address: Auburn School District 915 4"' Street N.E. Auburn, WA 98002 You may appeal this determination in writing by 4:00 p.m., May 29, 2012, to Mike Newman, Deputy Superintendent, Auburn School District No. 408, 915 4"' Street N.E., Auburn, WA 98002. Date of Issue: May 8, 2012 Date Published: May 11, 2012 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply". In addition, complete the Supplemental Sheet for non- project actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1 Name of proposed project, if applicable: The adoption of the Auburn School District's 2012 Capital Facilities Plan ("Capital Facilities Plan") for the purposes of planning for the District's facilities needs. The cities of Auburn and Kent and the King County Comprehensive Plans will be amended to include the Auburn School District 2012 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The cities of Algona, Black Diamond, and Pacific Comprehensive Plans may be amended to include the Auburn School District 2012 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan. A copy of the District's Capital Facilities Plan is available for review in the District's offices. 2. Name of applicant: Auburn School District No. 408. 3. Address and phone number of applicant and contact person: Auburn School District No. 408 915 0 St. N.E. Auburn, WA 98002 Contact Person: - Mike Newman, Deputy Superintendent,Business/Operations Telephone: (253) 931-4900 4. Date checklist prepared: May 3, 2012 2 5. Agency requesting checklist: Auburn School District No. 408. 6. Proposed timing or schedule (including phasing, if applicable): The Capital Facilities Plan is scheduled to be adopted by the District on May 29, 2012. After adoption, the District will forward the Capital Facilities Plan to the cities of Auburn, Algona, Black Diamond, Kent, and Pacific, and to King County for inclusion in each jurisdiction's Comprehensive Plan. The Capital Facilities Plan will be updated annually. Site-specific projects will be subject to project-level environmental review. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The Capital Facilities Plan sets forth the capital improvement projects that the District plans to implement over the next six years. The District plans to purchase property for and construct a new middle school and a new elementary school over the next six years to meet projected student population increases. The District may also add portable facilities at existing school sites. The District will also conduct facility improvements at existing school sites throughout the District. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The projects included in the Capital Facilities Plan have undergone or will undergo additional environmental review, when appropriate, as they are developed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any government approvals or permits that will be needed for your proposal, if known. The cities of Auburn and Kent will review and adopt the Capital Facilities Plan for the purposes of updating the cities' school impact fees and incorporating the updated Plan as a part of the Capital Facilities Elements of both the Auburn and Kent Comprehensive Plans, King County will review the Plan for the purposes of implementing the County's impact fee ordinance and incorporating the Plan as a part of the Capital Facilities Element of the King County Comprehensive Plan. The cities of Algona, Black Diamond, and Pacific Comprehensive Plans may be amended to include the Auburn School District 3 2012 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan and each jurisdiction may adopt a school impact fee ordinance to implement school impact fees. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a nonproject action. This proposal involves the adoption of the Auburn School District's 2012 Capital Facilities Plan for the purpose of planning the District's facilities needs. This proposal also involves the amendment of the cities of Auburn and Kent Comprehensive Plans and the King County Comprehensive Plan to include the Auburn School District 2012 Capital Facilities Plan as a part of each jurisdiction's Capital Facilities Element of their Comprehensive Plans. The cities of Algona, Black Diamond, and Pacific Comprehensive Plans may be amended to include the Auburn School District 2012 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan and each jurisdiction may adopt a school impact fee ordinance to implement school impact fees. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The 2012 Capital Facilities Plan will affect the Auburn School District. The District includes an area of approximately 57 square miles. The cities of Auburn, Algona, Black Diamond, Kent, and Pacific, and parts of unincorporated King County fall within the District's boundaries. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one); Flat, rolling, hilly, steep slopes, mountainous, other The Auburn School District is comprised of a variety of topographic landforms and gradients. Specific topographic characteristics of the sites at which the projects 4 included in the Capital Facilities Plan are located have been or will be identified during project-level environmental review when appropriate. b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Specific soil types found at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Auburn School District. Specific soil limitations on individual project sites have been or will be identified at the time of project-level environmental review when appropriate. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan have been or will be subject, when appropriate, to project-level environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of any fill materials to be used have been or will be identified at that time. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of the construction projects currently proposed in the Capital Facilities Plan. The erosion impacts of the individual projects have been or will be evaluated on a site-specific basis at the time of project-level environmental review when appropriate. Individual projects have been or will be subject to local approval processes. 5 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) The construction projects included in the Capital Facilities Plan have required or will require the construction of impervious surfaces. The extent of any impervious cover constructed will vary with each project included in the Capital Facilities Plan. This issue has been or will be addressed during project-level environmental review when appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been or will be addressed during project-level environmental review when appropriate. Relevant erosion reduction and control requirements have been or will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from the individual projects included in the Capital Facilities Plan. The air-quality impacts of each project have been or will be evaluated during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Are there any off-site sources of emissions or odor that may affect your proposal? ,If so, generally describe. Any off-site sources of emissions or odor that may affect the individual projects included in the Capital Facilities Plan have been or will be addressed during project- level environmental review when appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The individual projects included in the Capital Facilities Plan have been or will be subject to project-level environmental review and relevant local approval processes 6 when appropriate. The District has been or will be required to comply with all applicable air regulations and air permit requirements. Proposed measures specific to the individual projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 3. Water a. Surface: 1) Is there any surface water body on or in the 'immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Auburn School District. The surface water bodies that are in the immediate vicinity of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. When necessary, the surface water regimes and flow patterns have been or will be researched and incorporated into the designs of the individual projects. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The projects included in the Capital Facilities Plan may require work near the surface waters located within the Auburn School District. Applicable local approval requirements have been or will be satisfied. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to the placement or removal of fill and dredge material as a component of the projects included in the Capital Facilities Plan has been or will be provided during project-level environmental review when appropriate. Applicable local regulations have been or will be satisfied. 7 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions required in connection with the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Each project included in the Capital Facilities Plan, if located in a floodplain area, has been or will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Specific information regarding the discharge of waste materials that may be required as a result of the projects included in the Capital Facilities Plan has been or will be provided during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact groundwater resources. The impact of the individual projects included in the Capital Facilities Plan on groundwater resources has been or will be addressed during project-level environmental review when appropriate. Each project has been or will be subject to applicable local regulations. Please see the Supplemental Sheet for Nonproject Actions, 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. 8 The discharges of waste material that may take place in connection with the projects included in the Plan have been or will be addressed during project-level environmental review. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have stormwater runoff consequences. Specific information regarding the stormwater impacts of each project has been or will be provided during project-level environmental review when appropriate. Each project has been or will be subject to applicable local stormwater regulations. 2) Could waste materials enter ground or surface waters? If so, generally describe. The projects included in the Capital Facilities Plan may result in the discharge of waste materials into ground or surface waters. The specific impacts of each project on ground and surface waters have been or will be identified during project-level environmental review when appropriate. Each project has been or will be subject to all applicable regulations regarding the discharge of waste materials into ground and surface waters. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts associated with the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 9 4. Plants: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation A variety of vegetative zones are located within the Auburn School District. Inventories of the vegetation located on the sites of the projects proposed in the Capital Facilities Plan have been or will be developed during project-level environmental review when appropriate. b. What kind and amount of vegetation will be removed or altered? Some of the projects included in the Capital Facilities Plan may require the removal or alteration of vegetation. The specific impacts on vegetation of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. c. List threatened or endangered species known to be on or near the site. The specific impacts to these species from the individual projects included in the Capital Facilities Plan have been or will be determined during project-level environmental review when appropriate. d. Proposed landscaping, use of native plans, or other measures to preserve or enhance vegetation on the site, if any: Measures to preserve or enhance vegetation at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. Each project is or will be subject to applicable local landscaping requirements. 10 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species that have been observed on or near the sites of the projects proposed in the Capital Facilities Plan has been or will be developed during project- level environmental review when appropriate. b. List any threatened or endangered species known to be on or near the site. Inventories of threatened or endangered species known to be on or near the sites of the projects included in the Capital Facilities Plan have been or will be developed during project-level environmental review when appropriate. c. Is the site part of a migration route? If so, explain. The impacts of the projects included in the Capital Facilities Plan on migration routes have been or will be addressed during project-level environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife have been or will be determined during project-level environmental review when appropriate. 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires the completion of a life-cycle cost analysis of all heating, lighting, and insulation systems before it will permit specific school projects to proceed. The energy needs of the projects included in the Capital Facilities Plan have been or will be determined at the time of specific engineering and site 11 design planning when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describer The impacts of the projects included in the Capital Facilities Plan on the solar potential of adjacent projects have been or will be addressed during project-level environmental review when appropriate. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures proposed in connection with the projects included in the Capital Facilities Plan have been or will be considered during project-level environmental review when appropriate. 7. Environmental Health: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Nonproject Actions, 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: The projects included in the Capital Facilities Plan comply or will comply with all current codes, standards, rules, and regulations. Individual projects have been or will be subject to project-level environmental review and local approval at the time they are developed, when appropriate. 12 b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? A variety of noises from traffic, construction, residential, commercial, and industrial areas exists within the Auburn School District. The specific noise sources that may affect the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The projects included in the Capital Facilities Plan may create normal construction noises that will exist on short-term bases only. The construction projects could increase traffic around the construction sites on a short-term basis. Because the construction of additional school capacity will increase the capacity of the District's school facilities, this project may create a slight increase in traffic-related or operations-related noise on a long-term basis. Similarly, the placement of portables at school sites will increase the capacity of school facilities and may create a slight increase in traffic-related or operations-related noise. Neither of these potential increases is expected to be significant. Please see the Supplemental Sheet for Nonprojeet Actions. 3) Proposed measures to reduce or control noise impacts, if any: The projected noise impacts of the projects included in the Capital Facilities Plan have been or will be evaluated and mitigated during project-level environmental review when appropriate. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use: a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Auburn School District, including residential, commercial, industrial, institutional, utility, open space, recreational, etc. 13 b. Has the site been used for agriculture? If so, describe. The known sites for the projects included in the Capital Facilities Plan have not been used recently for agriculture. c. Describe any structures on the site. The structures located on the sites for the projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. d. Will any structures be demolished? If so, what? The structures that will be demolished as a result of the projects included in the Capital Facilities Plan, if any, have been or will be identified during project-level environmental review when appropriate. e. What is the current zoning classification of the site? The sites that are covered under the Capital Facilities Plan have a variety of zoning classifications under the applicable zoning codes. Site-specific zoning information has been or will be identified during project-level environmental review when appropriate. f. What is the current comprehensive plan designation of the site? Inventories of the comprehensive plan designations for the sites of the projects included in the Capital Facilities Plan have been or will be completed during project- level environmental review when appropriate. g. If applicable, what is the current shoreline master program designation of the site? Shoreline master program designations of the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. 14 h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Any environmentally sensitive areas located on the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. I. Approximately how many people would reside or work in the completed project? The Auburn School District currently serves approximately 13,849 full-time equivalent ("FTE") students. Enrollment is expected to increase to approximately 15,700 FTE students by the 2017-2018 school year. j. Approximately how many people would the completed project displace? Any displacement of people caused by the projects included in the Capital Facilities Plan has been or will be evaluated during project-level environmental review when appropriate. However, it is not anticipated that the Capital Facilities Plan, or any of the projects contained therein, will displace any people. k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan have been or will be subject to project-level environmental review and local approval when appropriate. Proposed mitigating measures have been or will be developed at that time, when necessary. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The compatibility of the specific projects included in the Capital Facilities Plan with existing uses and plans has been or will be assessed as part of the comprehensive planning process and during project-level environmental review when appropriate. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing waits would be provided in connection with the completion of the projects included in the Capital Facilities Plan. 15 b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. It is not anticipated that the projects included in the Capital Facilities Plan will eliminate any housing units. The impacts of the projects included in the Capital Facilities Plan on existing housing have been or will be evaluated during project-level environmental review when appropriate. c. Proposed measures to reduce or control housing impacts; if any: Measures to reduce or control any housing impacts caused by the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 10. Aesthetics: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. b. What views in the immediate vicinity would be altered or obstructed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control the aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined on a project- level basis when appropriate. 16 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review, when appropriate. b. Could light or glare from the finished project be a safety hazard or interfere with views? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare that may affect the projects included in the Capital Facilities Plan have been or will be evaluated during project-level environmental review when appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Proposed measures to mitigate light and glare impacts have been or will be addressed during project-level environmental review when appropriate. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Auburn School District. b. Would the proposed project displace any existing recreational uses? If so, describe. The recreational impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 17 The projects included in the Capital Facilities Plan, including proposed new school facilities, may enhance recreational opportunities and uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Adverse recreational effects of the projects included in the Capital Facilities Plan have been or will be subject to mitigation during project-level environmental review when appropriate. School facilities usually provide recreational facilities to the community in the form of play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no known places or objects listed on, or proposed for, such registers for the project sites included in the Capital Facilities Plan. The existence of historic and cultural resources on or next to the sites has been or will be addressed in detail during project-level environmental review when appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites at or near the sites of the projects included in the Capital Facilities Plan has been or will be developed during project-level environmental review when appropriate. c. Proposed measures to reduce or control impacts, if any: Appropriate measures will be proposed on a project-level basis when appropriate. 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The impact on public streets and highways of the individual projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 18 b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between the specific projects included in the Capital Facilities Plan and public transit has been or will be addressed during project-level environmental review when appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? Inventories of parking spaces located at the sites of the projects included in the Capital Facilities Plan and the impacts of specific projects on parking availability have been or will be conducted during project-level environmental review when appropriate. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The need for new streets or roads, or improvements to existing streets and roads has been or will be addressed during project-level environmental review when appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail, or air transportation has been or will be addressed during project- level environmental review when appropriate. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The traffic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. g. Proposed measures to reduce or control transportation impacts, if any: The mitigation of traffic impacts associated with the projects included in the Capital Facilities Plan has been or will be addressed during project-level environmental review when appropriate. 19 15. Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The District does not anticipate that the projects identified in the Capital Facilities Plan will significantly increase the need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. New school facilities have been or will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. 16. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, natural gas, water, refuse service, telephone, and sanitary sewer utilities are available at the known sites of the projects included in the Capital Facilities Plan. The types of utilities available at specific project sites have been or will be addressed in more detail during project-level environmental review when appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs have been or will be identified during project- level environmental'review when appropriate. 20 C. SIGNATURE The above answers are true and complete to the; best of my knowledge. I understand that the lead agency 's relying on them to make its decision. Signature: "— Date Sub itt : ?r 21 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1 . How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent the Capital Facilities Plan makes it more likely that school facilities, including new high school, middle school and elementary school capacity, will be constructed, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, access roads, and sidewalks could increase stormwater runoff, which could enter surface or ground waters. Heating systems, emergency generators, and other school equipment that is installed pursuant to the Capital Facilities Plan could result in air emissions. The projects included in the Capital Facilities Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of the storage of diesel fuel or gasoline for emergency generating equipment. The District does not anticipate a significant increase in the production of noise from its facilities, although the projects included in the Capital Facilities Plan will increase the District's student capacities. Proposed measures to avoid or reduce such increases are: Proposed measures to mitigate any such increases described above have been or will be addressed during project-level enviromnental review when appropriate. Stormwater detention and runoff will meet applicable County and/or City requirements and may be subject to National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will meet applicable air pollution control requirements. Fuel oil will be stored in accordance with local and state requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Capital Facilities Plan itself will have no impact on these elements of the enviromnent. The projects included in the Capital Facilities Plan may require clearing plants off of the project sites and a loss to animal habitat. These impacts have been or 22 will be addressed in more detail during project-level environmental review when appropriate. The projects included in the Plan are not likely to generate significant impacts on fish or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures to protect and conserve plants, animals, and fish cannot be identified at this time. Specific mitigation proposals will be identified, however, during project-level environmental review when appropriate. 3. How would the proposal be likely to deplete energy or natural resources? The construction of the projects included in the Capital Facilities Plan will require the consumption of energy. Proposed measures to protect or conserve energy and natural resources are: The projects included in the Capital Facilities Plan will be constructed in accordance with applicable energy efficiency standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Capital Facilities Plan and individual projects contained therein should have no impact on these resources. Proposed measures to protect such resources or to avoid or reduce impacts are: No specific measures are being proposed at this time. Appropriate measures would be proposed during project-specific review. Annual updates of this Plan will be coordinated with the cities of Auburn, Algona, Kent, and Pacific, and King County as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the School District's facilities plamiing process is part of the overall Growth Management planning process, these resources are more likely to be protected. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Capital Facilities Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline 23 management plans. The District does not anticipate that the Capital Facilities Plan or the projects contained therein will directly affect land and shoreline uses in the area served by the District. Proposed measures to avoid or reduce shoreline and land use impacts are: No measures to avoid or reduce land use impacts resulting from the Capital Facilities Plan or the projects contained therein are proposed at this time. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The construction projects included in the Capital Facilities Plan may create temporary increases in the District's need for public services and utilities. The new school facilities will increase the District's demands on transportation and utilities. These increases are not expected to be significant. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. 24 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 - 2018 BOARD OF EDUCATION MEMBERS Angelica Alvarez, Board President Bernie Dorsey, Board Vice President Susan Goding Michael Spear Tyrone Curry SUPERINTENDENT Dr. Susan Enfield Prepared by: Highline School District No. 401 The Robinson Company August 21,2012 A HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 - 2018 TABLE OF CONTENTS TABLE OF CONTENTS Page 1 EXECUTIVE SUMMARY Pages 2-3 SECTION 1 CAPITAL FACILITIES PLAN Pages 4—13 INTRODUCTION Page 4 INVENTORY OF EDUCATIONAL FACILITIES Pages 5-7 INVENTORY OF NON-EDUCATIONAL FACILITIES Pages 8-9 NEEDS FORCAST—EXISTING FACILITIES Pages 10—11 NEEDS FORCAST—NEW FACILITIES Page 12 SIX-YEAR FINANCE PLAN Page 13 SECTION 2 MAPS OF DISTRICT BOUNDARIES Pages 14—16 INTRODUCTION Page 14 MAPS—ELEMENTARY SCHOOL BOUNDARIES Page 15 MAPS—MIDDLE&HIGH SCHOOL BOUNDARIES Page 16 SECTION 3 SUPPORT DOCUMENTATION Pages 17—31 INTRODUCTION Page 17 BUILDING CAPACrrMS Pages 18-23 PORTABLE LOCATIONS Pages 24-25 ENROLLMENT FORECAST Pages 26—29 SIX—YEAR SUMMARY Page 30 IMPACT FEE CALCULATION Page 31 Page 1 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 — 2018 EXECUTIVE SUMMARY In response to the requirements of the State of Washington Growth Management Act (SHB) 2929 (1990) and ESHB 1025 (1991) and under the King County School Impact Fee Ordinance, the Highline School District No. 401 (District) has updated its Capital Facilities Plan (CFP) as of August 21,2012. This CFP is being presented for adoption by King County before December 31, 2012. In addition, the District will be presenting requests to the City of Des Moines, the City of SeaTac,the City of Normandy Park, the City of Burien,the City of Kent and the City of Tukwila for their consideration relative to impact fees. To date King County and the City of Kent are the only jurisdictions within Highline School District No. 401 that collect impact fees for schools. To collect impact fees on behalf of the District,these jurisdictions must adopt the District's CFP by reference as part of their comprehensive plans and adopt a school impact fee ordinance. The cities of SeaTac, Des Moines,Burien, Tukwila and Normandy Park all currently collect other impact fees (primarily for transportation impacts). To collect impact fees on behalf of the District, these jurisdictions must also adopt the District's CFP by reference as part of their comprehensive plans. Highline School District No. 401 has experienced relative low enrollment growth over the last 15 years. However, recent enrollment projections identify a significant increase in the District's enrollment between October 2011 and October 2018. This increase in enrollment will increase the demand on schools that are currently near, at or over capacity. These increases are primarily due to the anticipated growth in the unincorporated areas of King County and in the City of Kent. Page 2 Over the last 10 years Highline School District No. 401 has embarked on a major capital improvement effort to enhance its facilities to meet current educational and life-safety standards. Since 2002 the District has passed two major capital bonds: one in 2002 for approximately $189,000,000 and one in 2006 for approximately $148,000,000. With these funds and reimbursements from the Office of the Superintendent of Public Instruction, the State of Washington, the Port of Seattle, the Federal Aviation Administration and private donations for a new Aviation High School the District has designed, permitted and constructed 13 new elementary schools, 2 new high schools (one of which is currently in construction), renovated 3 schools as interim facilities and renovated portions of Memorial Field and Camp Waskowitz. All of this work has been done since March 2002. As the District looks ahead it recognizes that anticipated enrollment growth, some of which will be caused by new development,will require the District to either add new facilities, add additions to existing facilities, renovate existing facilities, add portables to existing facilities re-open Beverly Park Elementary School. This CFP identifies the current enrollment,the current capacity of each educational facility, the projected enrollment over the six-year planning period and how the District plans to accommodate this growth. It also includes a schedule of impact fees that should be charged to new development. Based on current projections, the District will have a shortage of space by 2018 and a new 643 student elementary will need to be built in the District and boundaries for some elementary schools may need to be revised. At this time it has been assumed that land will not need to be purchased to accommodate the new school. __ Page 3 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012—2018 SECTION 1 - CAPITAL FACILITIES PLAN INTRODUCTION The State Growth Management Act requires that information be gathered to determine the facilities available and needed to meet the enrollment demands of each school district. This section provides information about ITighline School District No. 401's current facilities,its existing facility needs,its future facility needs and its fmancing plan to accommodate designs,permitting costs, construction costs and non- construction costs(often referred to as"soft costs"such as sales tax,furnishings, insurance,project management fees,etc.)required to accommodate future growth. The finance plan in this section shows how the District plans to Dnance improvements for the years 2012 through 2018.The plan is based on an approved bond issue(approved in 2016)by election and collection of impact fees under the State's Growth Management Act. Page 4 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 —2018 SECTION 1 - CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS (see Maps section for specific addresses) NAME OF SCHOOL BUILDING SF PORTABLE SF TOTAL SF Beverly Park at Glendale 58145 1700 59845 Beverly Park 28048 9900 37948 Bow Lake 76108 76108 Cedarhurst 68916 1650 70566 Des Moines 41766 800 42566 Gregory Heights 65978 65978 Hazel Valley 65346 65346 Hilltop 51532 4200 55732 Madrona 69240 1650 70890 Marvista 68462 68462 McMicken Heights 69979 69979 Midway 66096 66096 Mount View 67783 67783 North Hill 65665 65665 Parkside 68857 68857 Seahurst 59967 59967 Shorewood 60326 60326 Southern Heights 32942 2800 35742 White Center 65654 3400 69054 SUBTOTALS 1150810 26100 1176910 Page 5 MIDDLE SCHOOLS (see Maps section for specific addresses) NAME OF SCHOOL BUILDING SF PORTABLE SF TOTAL SF Cascade 90582 4030 94612 Chinook 87476 12184 99660 Pacific 73941 3584 77525 Sylvester 92617 3144 95761 Big Picture MS (currently at Manhattan) 5250 5250 Choice (currently at Woodside) 2000 2000 SUBTOTALS 346616 28192 374808 HIGH SCHOOLS (see Maas section for specific addresses) NAME OF SCHOOL BUILDING SF PORTABLE SF TOTAL SF Mount Rainier 205159 205159 Highline 214919 214919 Highline PAC (25%) 7580 7580 Tyee 143101 1848 144949 Evergreen 161456 3272 164728 Aviation 87934 87934 (currently at Olympic JH) Big Picture HS 29141 29141 (currently at Manhattan) New Start 15374 4797 20171 (at Salmon Creek) Pudet Sound SId11 Center 70894 70894 Choice 3600 3600 (at Woodside) Marine Tech 1800 1800 (at Woodside) SUBTOTALS 940958 9917 950875 GRAND TOTALS 2438384 64209 2502593 Percent of Total SF 97.43% 2.57% 100% Page 6 OTHER EDUCATIONAL FACILITIES (see Maas section for specific addresses) NAME OF SCHOOL BUILDING SF PORTABLE SF TOTAL SF Valley View Early Education Center 28902 2304 31206 White Center Heights Early Learning Center 1792 1792 Camp Waskowitz 38162 38162 Performing Arts Center (at Highline HS 75%) 22739 22739 TOTALS 89803 4096 93899 All square footages taken from 2008 Study and Survey Page 7 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 — 2018 SECTION 1 - CAPITAL FACILITIES PLAN INVENTORY OF NON - EDUCATIONAL FACILITIES DEVELOPED PROPERTY ERAC See maps for site location and address MOT/Facilities Office See maps for site location and address Commissary/Warehouse See maps for site location and address Information Technology See maps for site location and address (at Woodside) Security See maps for site location and address (at Woodside) Storage (Glacier) See maps for site location and address Page 8 LEASED SPACES Sunny Terrace- See maps for site location and address N.Shorewood See maps for site Iocation and address Salmon Creek(50%) See maps for site location and address Burien Heights See maps for site location and address UNDEVELOPED PROPERTY Zenith See maps for site location and address Lake View See maps for site location and address Crest View See maps for site location and address Boulevard Park See maps for site location and address CLOSED SCHOOLS Maywood See maps for site location and address Sunnydale Elementary See maps for site location and address Beverly Park Elementary(1) See maps for site location and address (1) Can be re-opened Page 9 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012—2018 SECTION 1 - CAPITAL FACILITIES PLAN NEEDS FORECAST -EXISTING FACILITIES 2011 -2018 Increased Enrollment ELEM. SCHOOLS Beverly Park at Glendale - 9 Sow Lake + 38 Cedarhurst + 176 Des Moines + 37 Gregory Heights + 23(1) Hazel Valley +136 Hilltop + 20 Madrona + 29 Marvista + 9(1) McMicken Heights + 66(1) Midway + 99 Mount View + 52(1) North Hill + 36 Parkside + 45 Seahurst + 65 Shorewood + 71(1) Southern Heights - 35 White Center +132 NET CHANGE FROM 2011 + 991 Page 10 2011 -2018 Increased Enrollment MIDDLE SCHOOLS Cascade +35 Chinook +23 Pacific +81 Sylvester +98 Big Picture +44 Choice + 7 NET CHANGE FROM 2011 + 288 2011-2018 Increased Enrollment HIGH SCHOOLS Mount Rainier - 47 Highline - 41 Tyee +26 Evergreen - 23 Aviation + 0 Big Picture HS + 5 Choice HS + 7 New Start + 8 Puget Sound Skills Center - 15 Marine Tech + 0 NET CHANGE FROM 2011 - 80 (1)Indicates peak enrollment prior to 2018 Page 11 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012—2018 SECTION 1 - CAPITAL FACILITIES PLAN NEEDS FORECAST—NEW FACILITIES To accommodate the anticipated added elementary school enrollment the Highline School District plans to build a new 643 student elementary school.The exact location of the school has yet to be determined.Based on the location of the new school, revising individual school boundaries may be required. At this time the District has assumed the new elementary school will be built on land the District currently owns. The design and construction of the new elementary school will be dependant upon voter approved capital bonds.A portion of the costs for the school will be paid by impact fees.The plan calls for the voters to vote on the new$30,000,000 capital bond measure in 2016 with construction to start in 2017 and be completed by August 2018. The District may also need to add portables to specific elementary schools to accommodate increased enrollment. At this time there are no plans to add new facilities to the district except those required to accommodate future growth listed in this plan (see Needs Forecast—Existing Facilities section of this document). Page 12 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 - 2018 SECTION 1 - CAPITAL FACILITIES PLAN NEEDS FORECAST - SIX -YEAR FINANCING PLAN (values listed in millions $$) 2012 2013 2014 2015 2016 2017 2018 PROJECTED REVENUE Sources: Impact Fees(1) 0 0.200 0.200 0.200 1.095 2.712 2.891 Land Sale Funds 0 0 0 0 0 0 0 Capital Bond for New Elementary School 0 0 0 0 30,000 0 0 Total Projected Revenue 0 0.200 0.200 0.200 31.095 2.712 2.891 PROJECTED EXPENSES Site Acquisition 0 0 0 0 0 0 0 New Elementary School 0 0 0 0 4.000 19.000 7.000 New Portables 0 0.150 0.150 0.150 0.450 0.450 0.150 Total Projected Expenses 0 0.150 0.150 0.150 4.450 19.450 7.150 ENDING BALANCE 0 0.050 0.100 0.150 26.795 10.057 5.798 (1) Assumes 752 single family homes and 426 apartments will be built between 2013 and 2018 (excluding King County Housing Authority Projects).Excludes impact fees from King County Housing Authority for Greenbridge,Seola Gardens and Windrose projects, pending formal agreement between King County Housing Authority and Highline School District. Page 13 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012—.2018 SECTION 2 —MAPS OF DISTRICT BOUNDARIES INTRODUCTION The following maps show the service area for each school within the Highline School District. The identified boundaries are reviewed annually.Any change in grade configuration or adoption of new programs that affect individual school populations may necessitate a change of a school's service area. The Growth Management Act requires jurisdictions to evaluate if the public facility infrastructure is in place to handle new housing developments.In the case of most public facilities,new development has its major impact on the facilities immediately adjacent to new development.However, relative to school facilities, if a district does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries are adjusted by the school district. Adjusting boundaries is a time-consuming and often difficult endeavor. Impacts to individual children and families must be weighed during such a process. Currently the Highline School District is not considering any boundary changes except those that may be required to accommodate future enrollment increases. Page 14 • 'I' i M• S ■ s"d� '�Y N ` + 1 HIGHLINE 7f& e �,. 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IA�p WSaAamm�MAlMf■t ■NbAfVAm11a II wM.e rx =Aw"S V %,SW m EAMYmmmtt N M■1 ' Nttml.IS, ralell �11 aa0.h• Ilm-tmrAMq WM BW'rb"^r'Y bwAbmE Crpli6a,Tbw N VA'UlW N I bs r 1W-ebd/imaW1F '•WmI.]ra wl AlwatlSlbA ^yil a QYYbI WrAvaMAn ll Ivft AYtl. rtGf34]ml au4nam, P�m]m-aNexau]aau Na.w.�melw tsbrn �uw I a Npm1AmON11mm0 za,clitm . 1MteWmxAlaN 1WPIYe6 a 1]UIe.NM1Aat>6WhaLLLJ EUNNmi _ %@B•Maea,NN! I WA6]Me MA Mmlvo • �- atim4WBelm Swmll t tmmtmm war+xM Sawoam CepyNgxtlWSB-III�fwP Won 9gmr s rtu gNleaNglatelfl•NIWOmew HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 — 2018 SECTION 3 — SUPPORT DOCUMENTATION INTRODUCTION The following information describes the current enrollment, the future projected enrollments and the current capacities for each school. Also included is a list of all the portables within the Highline School District. The final portion of the section defines the Impact Fees for future single-family and multi-family dwellings. The school impact fee formula ensures that new development only pays for the cost of the facilities necessitated by new development. The fee calculations examine the costs of housing the students generated by each new single family dwelling unit (or each new multi-family dwelling unit) and then reduce that amount by the anticipated state match (zero in our case) and future tax payments. Thus, by applying the student generation factor to the school project costs, the fee formula only calculates the costs of providing capacity to serve each new dwelling unit once the District reaches its current capacity. The formula does not require new development to contribute the costs of providing capacity to address existing needs. The Student Generation Factor Rates have been derived by using the averages of the Kent, Auburn, Lake Washington and Issaquah School Districts. In future years the Highline School District will use district specific data to develop the Student Generation Factor, if the data is available and accurate. Page 17 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012—2018 SECTION 3 — SUPPORT DOCUMENTATION BUILDING CAPACITIES This Capital Facilities PIan establishes the Higbline School District's"Standard of Service"in order to determine the district's current and projected future capacities. The Office of the Superintendent of Public Instruction has established square footage guidelines for capacity,primarily for the purposes of capital funding,but these guidelines often do not meet the additional educational program needs districts often provide. King County Code ZIA.06 refers to a"standard of service"that each school district must establish in order to ascertain its overall capacity.The standard of service identifies the program year,the class size,the number of classrooms,students and programs of special need and other factors (determined by the District)which best serve the student population.Portable classroom units may be included in the capacity calculation using the same standard of service as the permanent facilities. The standard of service outlined below reflects only those programs and educational opportunities provided to students that directly affect the capacity of the school building.The special programs listed below require classroom space,thus the permanent capacity of some buildings housing these programs has been reduced. While newer buildings have been constructed to accommodate some of these programs older,buildings may need to be modified to accommodate these programs. When this occurs there may be a reduction in classroom capacity. At both the elementary and secondary levels,the District considers the ability of students to attend neighborhood schools to be a component of its Standard of Service. Page 18 Standard of Service for Blementary Students The current standard: • Class size kindergarten = average 24 students • Class size grades 1- 3 — average 25students • Class size grades 4—6 = average 27students In the elementary standard of service model: • Special Education for students with disabilities maybe provided in a self contained classroom • All students will be provided music instruction in a separate classroom • All students will have scheduled time in a special computer lab Identified students will also be provided other special educational opportunities in classrooms designated as follows: • Resource rooms • English Language Learners(ELL) • Education for disadvantaged students(Title I) • Gifted education • Learning assisted programs • Severely behavior disordered • Transition room • Mild,moderate and severe disabilities • Developmental kindergarten • Extended daycare programs and preschool programs Page 19 Standard of Service for Secondary Students The current standard is: • Class size for grades 7-8 should not exceed 30 students • Class size for grades 9-12 should not exceed 32 students • Special Education for students with disabilities may be provided in a self- contained classroom Identified students will also be provided other special educational opportunities in classrooms designated as follows: • English Language Learners(ELL) • Resource rooms(for special remedial assistance) • Computer labs • Preschool and daycare programs Page 20 HIGHLINE SCHOOL DISTRICT No.401 Current CAPITAL FACILITIES PLAN 2011 2018/Peak Capacity 2011 2011 2018/Peak 2018/Peak BUILDING CAPACITIES with ELEMENTARY SCHOOLS Enrollment Enrollment Portables Surplus Shortage Surplus Shortage Beverly Park at Glendale 477 468 530 53 62 Beverly Park 0 0 316 316 316 Bow Lake 669 7071 675 61 32 Cedarhurst 637 813 575 62 238 Des Moines 425 462 370 55 92 Gregory Heights 557 580 675 18 5 Hazel Valley 620 766 675 45 181 Hilltop 580 600 525 55 75 Madrona 587 616 575 12 41 Marvista 577 586 575 2 11 McMicken Heights 443 509 575 132 66 Midway 567 6661 575 8ft83504 91 Mount View 610 662 575 87 North Hill 651 587 575 2412 Parkside 517 562 575 58 Seahurst 557 623 550 73 Shorewood 485 556 475 81 Southern Heights 298 263 310 12 White Center Heights 571 703 575 4128 TOTALS 9728 10719 10076 631 1147Net Shortage or Surplus 348643 PAGE 21 HIGHLINE SCHOOL DISTRICT No.401 Current CAPITAL FACILITIES PLAN 2011 2018/Peak Capacity 2011 2011 2018/Peak 2018/Peak BUILDING CAPACITIES with JUNIOR HIGH SCHOOLS Enrollment Enrollment Portables Surplus Shortage Surplus Shortage Cascade 560 595 700 140 105 Chinook 555 5781 700 145 122 Pacific 683 764 600 83 164 Sylvester 594 692 700 106 8 Big Picture 37 81 75 38 6 Choice 42 49 75 33 26 TOTALS 24711 27691 2850 462 83 261 170 Net Shortage or Surplus 379 91 PAGE 22 HIGHLINE SCHOOL DISTRICT No.401 current CAPITAL FACILITIES PLAN 2011 2018/Peak Capacity 2011 2041 2018/Peak 2018/13eak BUILDING CAPACITIES with HIGH SCHOOLS Enrollment Enrollment Portables Surplus Shortage Surplus Shortage T ee 817 843 950 133 107 Evergreen 1011 9881 1100 88 112 Hi Kline 1382 1341 130D 82 41 Mount Rainier 1555 1508 1600 55 8 Big Picture 119 124 125 6 1 Choice 30 37 35 5 2 Aviation 421 421 400 21 21 New Start 287 295 300 13 5 Pu et Sound Skills Center 371 356 400 29 44 TOTALS 5993 5913 61101 2761 1581 2691 72 Net Shortage or Surplus 1 1171 1 197 PAGE 23 Highline School District 9401 Portable Inventory Location Description S .Ft. Occ type rooms Beverly Park Site 2 Double Portables 3,300 Portable 4 Beverly Park Site M/Portable 207&208 1,650 Portable 2 Beverly Park Site M/Portable 205&206 1,650 Portable 2 Beverly Park Site M/Portable 209&210 1,650 Portable 2 Beverly Park Site M/Portable 211 &212 1,650 Portable every ark at Glendale 1 Double Portable 1,700 o a e Cascade Middle School Portable#95 786 Portable 1 Cascade Middle School Portable#99 786 Portable 1 Cascade Middle School M/Portable 203&204 1,672 Portable 2 Cascade Middle School Portable#94 786 Portzible edarhurst Elementary School 1 Double Portable 1,650 —116-0-15Fe Chinook Middle School M/Portable 219&220 1,792 Portable 2 Chinook Middle School M/Portable 225&226 1,792 1 Portable 2 Chinook Middle School M/Portable 213&214 1,672 Portable 2 Chinook Middle School Portable 243 Ever-Sci 1,672 Portable 1 Chinook Middle School M/Portable 201 &202 1,672 Portable 2 Chinook Middle School M/Portable 215&216 1,792 Portable 2 Chinook Middle School M/Portable 217&218 1,792 o a e Des Moines Elementary chool Portable o e I—Evergreen High School Portable#22 832 Portable 1 Evergreen High School Portable#26 832 Portable 1 Evergreen High School, Portable#32 816 Portable 1 Evergreen High School Portable#40 792 Portable Hilltop Elementary Portable#41 840 Portable 1 Hilltop Elementary Portable#88 840 Portable 1 Hilltop Elementary Portable#62 840 Portable 1 Hilltop Elementary M/Portable#223&224 1,680 Portable adrona Elementary 1 Double Portable 1,65o 7o-rTa=e Manhattan Learning Center M/Restoom Build#307 360 Portable 1 Manhattan Learning Center Portable#21 832 Portable 1 Manhattan Learning Center Portable#25 832 Portable 1 Manhattan Learning Center Portable#34 816 Portable 1 Manhattan Learning Center Portable#43 792 Portable 1 Manhattan Learning Center Portable#72 792 Portable 1 Manhattan Learning Center Portable#76 792 Portable 1 Manhattan Learning Center Portable#80 792 Portable 1 Manhattan Learning Center Portable#89 792 Portable 1 Manhattan Learning Center Portable#107 786 Portable 1 Manhattan Learning Center Portabl6#44 792 o a e Pacific Middle School Portable 251 &252 1,792 Portable 2 Pacific Middle School Portable 253&254 1,792 o e Page 24 Highline School District#401 Portable Inventory Location Description Sq. Ft. Occ type rooms Salmon Creek Portable#37 816 Portable 1 Salmon Creek Portable#45 792 Portable 1 Salmon Creek Portable#47 792 Portable 1 Salmon Creek Portable#85 768 Portable 1 Salmon Creek Portable#68 792 Portable 1 Salmon Creek M/Portable#113 837 o a e Southern Heights Elementary Portable 280 MOT Vacant 925 Portable 1 Southern Heights Elementary Portable 283 925 Portable 1 Southern Heights Elementary Portable 281 950 o a e unny I errace ease Portable#30 Sunny Terrace Office 816 o a e Sylvester Middle School Portable#64 792 Portable 1 Sylvester Middle School Portable#71 792 Portable 1 Sylvester Middle School Portable#73 792 Portable 1 Sylvester Middle School Portable#83 768 Portab e yee High School M/Portable 7 2 1, 4 o a e Valley View Portable#19 768 Portable 1 Valley View Portable#90 768 Portable 1 Valley View Portable#100 768 Portable WCH M/Portable 231 &232 1,700 Portable 2 WCH Portable 257&258 New WCH 1,700 FORaDle Woodside M/Portable 233&234 1,848 1 Portable 2 Woodside M/Portable 235&236 WCH FMC 1,792 Portable 2 Woodside M/Portable 237&238 1,792 Portable 2 Woodside M/Portable 229&230 1,848 Portable 2 Woodside Portable#31 816 Portable 1 Woodside Portable 454 792 Portable 1 Woodside M/Portable 241 &242 1,792 o a e Page 25 HIGHLINE SCHOOL DISTRICT No. 401 CAPITAL FACILITIES PLAN 2012 — 2018 SECTION 3 — SUPPORT DOCUMENTATION STUDENT ENROLLMENT FORCASTS The following documents are summaries by school and by grade level of the enrollment projections provided by Highline School District's demographer Les Kendrick. The numbers listed represent Full Time Equivalent counts (FTE). The demographer used cohort survival rates with adjustments for projected future changes in housing and population changes. Page 26 00 h m N .-i b O b h V1 b .+ h N .••� v1 .o M a E b O b h V1 0 ' in O b \D 0D b N d' toO b e h 00 C7 -It Ln L.- b b in b v1 N P C q Q O � !n 3. F M rh 00 V o v1 M O\ V h V tl' in kn 0\ O N .--� b N \D M `d' in 0 3 E P. M. m ; l h M ri b CD b 00 M O in in c 8 U v h oo V• Ln h kn b v\ V) b b to \n b " N to '" o 4 a a'•P2 O � 3 N k�4 F V � q O 0\ M 00 T O h N N N N+ .-� M h N M kD 0 N $ u Q F b \ O M h +-� O1 O h 0 0 \D 00 O\ O eh b u e U V F d' Vl h Vl N \O V] d' �O Vl N C` OO 00 to \O %O G mw= O � C BLf y G q u � 00 00 N 1n 00 a0 O O v1 .-i 00 v) O M 0\ Oi O\ .+ O 7 L w a a y; �} W D\ M W 00 0\ 0\ to 01 00 tn 01 O\ N Vl \0 N H e $ V V �D h d' v1 �O V1 4'f vl C vl b Vl V VY V1 N �D O a rl u•�u Yq. 0 , o m a w n r'�i n b omo• m 0h 00 0 00 m •d 00 rn N vi v�i C\ Go z b h 'd' Rn b kn to V' �n b V7 eY N v1 N b 0 p rl b M O\ O .--� O\ .-+ m .+ V 00 M M b O 0\ O\ It +$ a s m h N m h m 00 00 0o b b m 7 b .-+ b M oo 00 a.N,a �t b h �F v\ b v\ v\ v\ s} v\ \D �n d �n v1 N \o . 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Cost Capacity SFR MFR Elementary Schools 1 site 97.43% $30M 643 0.426 0.162 $19,364 $7,364 Middle Schools 0.132 0.047 $0 $0 High Schools 0.149 0.066 $0 $0 TOTALS $19,364 $7,364 Student Student Temporary Facilities Cost: Facility Facility Factor Factor Cost/SFR CosVMFR Scope % Perm Fac. Cost Capacity SFR MFR Elementary Schools 2.57% 0 0 0.426 0.162 $0 $0 Middle Schools 0 0 0 0.132 0.047 $0 $0 High Schools 0 0 0 0.149 0.066 $0 $0 TOTALS $0 $0 Student Student State Match Credit Calculation: Const. Cost SF/ State Factor Factor Cost/SFR CosVMFR Scope Allocation/SF Student Match SFR MFR Elementary Schools 0 0 0 0.426 0.162 $0 $0 Middle Schools 0 0 0 0.132 0.047 $0 $0 High Schools 0 0 0 0.149 0.066 $0 $0 TOTALS $0 $0 Tax Payment Credit: Credit/SFR CrediVMFR Average Assessed Value $248,087 $83,849 Capital Bond Interest Rate 3.84% 3.84% Net Present Value of Average Dwelling $2,028,331 $685,540 Years Amortized 10 10 Property Tax Levy Rate $1.746 $1.746 Tax Payment Credit $3,541 $1,197 Mitigation Fee SUmmary Cost/SFR Cost/MFR School Site Acquisition Cost $0 $0 School Construction Cost $19,364 $7,364 Temporary Facilities Cost $0 $0 State Matching Credit Calculation $0 $0 Tax Payment Credit Calculation $3,541 $1,197 SUBTOTAL $15,823 $6,167 50%Local Share -$7,912 -$3,084 CALCULATED IMPACT FEE $7,912 $3,084 2013 IMPACT FEE $7,912 $3,084 Page 31 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply' In addition, complete the Supplemental Sheet for nonproject actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: The adoption of the Highline School District No 401's 2012 Capital Facilities Plan ("Capital Facilities Plan") for the purposes of planning for the District's facilities needs. King County will incorporate the District's Capital Facilities Plan into its Comprehensive Plans. The cities of Burien, SeaTac,Normandy Park, Des Moines, Tukwila and Kent may incorporate the District's Capital Facilities Plan into their Comprehensive Plans. A copy of the District's Capital Facilities Plan is available for review in the District's offices. 2. Name of applicant: Highline School District No. 401. 3. Address and phone number of applicant and contact person: Highline School District No 401 17810 Bch Avenue South, Building A Burien, WA 98148 Contact Person: Andrea Johnson, Director of Facilities Telephone: (206) 433 -2251 4. Date checklist prepared: August 6, 2012 5. Agency requesting checklist: Highline School District No 401 2 6. Proposed timing or schedule (including phasing, if applicable): The Capital Facilities Plan is scheduled to be adopted by the District's Board of Directors on or about August 22, 2012. After adoption, the District may forward the Capital Facilities Plan to King County and the Cities of Kent, Normandy Park, SeaTac, Des Moines, Burien and Tukwila for inclusion in the Comprehensive Plans for each jurisdiction. The District will continue to update the Capital Facilities Plan annually. The projects included in the Capital Facilities Plan have been or will be subject to project-level environmental review when appropriate. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The Capital Facilities Plan identifies the capital improvement projects that the District plans to implement over the next six years. The District plans to construct one new elementary school. Relocatable capacity may also be added at all grade levels 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The projects included in the Capital Facilities Plan will undergo additional environmental review,when appropriate, as they are developed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any government approvals or permits that will be needed for your proposal, if known. The District anticipates that King County will adopt the Capital Facilities Plan as part of the King County Comprehensive Plan. The cities of Burien, SeaTac, Normandy Park, Des Moines, Tukwila and Kent may incorporate the District's Capital Facilities Plan into their Comprehensive Plans. 3 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a nonproject action. This proposal involves the adoption of the Highline School District's 2012 Capital Facilities Plan for the purpose of planning the District's facilities needs. The cities of Burien, SeaTac, Normandy Park, Des Moines, Tukwila and Kent may incorporate the District's Capital Facilities Plan into their Comprehensive Plans. The projects included in the Capital Facilities Plan will be subject to project-level environmental review when appropriate. A copy of the Capital Facilities Plan may be viewed at the District's offices. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The Capital Facilities Plan will affect the Highline School District. The District includes portions of unincorporated King County and all or portions of the cities of Burien, Des Moines, Kent, SeaTac, Tukwila and Normandy Park. A detailed map of the District's boundaries can be viewed at the District's offices. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The Highline School District is comprised of a variety of topographic land forms and gradients. Specific topographic characteristics of the site at which the projects included in the Capital Facilities Plan is located will be identified during project-level environmental review when appropriate. 4 b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics at the site of the projects included in the Capital Facilities Plan will be identified during project-level environmental review. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Specific soil types found at the site of the projects included in the Capital Facilities Plan will be identified during project-level environmental review when appropriate. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Highline School District. Specific soil limitations on individual project sites will be identified at the time of project-level environmental review when appropriate. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan have been or will be subject, when appropriate, to project-level environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of any fill materials to be used have been or will be identified at that time. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of the construction projects currently proposed in the Capital Facilities Plan. The erosion impacts of the individual projects will be evaluated on a site-specific basis at the time of project-level environmental review when appropriate. Individual projects will be subject to local approval processes. 5 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) The construction projects included in the Capital Facilities Plan will require the construction of impervious surfaces. The extent of any impervious cover constructed will vary with each project included in the Capital Facilities Plan. This issue will be addressed during project-level environmental review when appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been or will be addressed during project-level environmental review when appropriate. Relevant erosion reduction and control requirements will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from the individual projects included in the Capital Facilities Plan. The air-quality impacts of each project will be evaluated during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Any off-site sources of emissions or odor that may affect the individual projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The individual projects included in the Capital Facilities Plan will be subject to project-level environmental review and relevant local approval processes when appropriate. The District will be required to comply with all applicable air regulations and air permit requirements. Proposed measures specific to the individual project 6 included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Highline School District. The surface water bodies that are in the immediate vicinity of the projects included in the Capital Facilities Plan will be identified during project-level environmental review when appropriate. When necessary, the surface water regimes and flow patterns will be researched and incorporated into the designs of the individual project. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The projects included in the Capital Facilities Plan may require work near the surface waters located within the Highline School District. Applicable local approval requirements will be satisfied. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to the placement or removal of fill and dredge material as a component of the projects included in the Capital Facilities Plan can be provided during project-level environmental review when appropriate. Applicable local regulations will be satisfied. 7 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions required in connection with the projects included in the Capital Facilities Plan will be addressed during project- level environmental review when appropriate. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The projects included in the Capital Facilities Plan, if located in a floodplain area, will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Specific information regarding the discharge of waste materials that may be required as a result of the projects included in the Capital Facilities Plan will be provided during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. The individual projects included in the Capital Facilities Plan may impact groundwater resources. The impact of the individual projects included in the Capital Facilities Plan on groundwater resources will be addressed during project- level environmental review when appropriate. The projects will be subject to applicable local regulations. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. 8 The discharges of waste material that may take place in connection with the projects included in the Plan will be addressed during project-level environmental review. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The individual projects included in the Capital Facilities Plan may have stormwater runoff consequences. Specific information regarding the stormwater impacts of each project will be provided during project-level environmental review when appropriate. The projects will be subject to applicable local stormwater regulations. 2) Could waste materials enter ground or surface waters? If so, generally describe. The projects included in the Capital Facilities Plan may result in the discharge of waste materials into ground or surface waters. The specific impacts of the projects on ground and surface waters will be identified during project-level environmental review when appropriate. The projects will be subject to all applicable regulations regarding the discharge of waste materials into ground and surface waters. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts associated with the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. 9 4. Plants: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation A variety of vegetative zones are located within the Highline School District. Inventories of the vegetation located on the site of the projects proposed in the Capital Facilities Plan will be developed during project-level environmental review when appropriate. b. What kind and amount of vegetation will be removed or altered? The projects included in the Capital Facilities Plan may require the removal or alteration of vegetation. The specific impacts on vegetation of the projects included in the Capital Facilities Plan will be identified during project-level environmental review when appropriate. c. List threatened or endangered species known to be on or near the site. The specific impacts to these species from the individual projects included in the Capital Facilities Plan will be determined during project-level environmental review when appropriate. d. Proposed landscaping, use of native plans, or other measures to preserve or enhance vegetation on the site, if any: Measures to preserve or enhance vegetation at the sites of the projects included in the Capital Facilities Plan will be identified during project-level environmental review when appropriate. The projects will be subject to applicable local landscaping requirements. 10 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species that have been observed on or near the sites of the projects proposed in the Capital Facilities Plan will be developed during project-level environmental review when appropriate. b. List any threatened or endangered species known to be on or near the site. Inventories of threatened or endangered species known to be on or near the site of the projects included in the Capital Facilities Plan will be developed during project-level environmental review when appropriate. c. Is the site part of a migration route? If so, explain. The impacts of the projects included in the Capital Facilities Plan on migration routes will be addressed during project-level environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife will be determined during project-level environmental review when appropriate. 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires the completion of a life-cycle cost analysis of all heating, lighting, and insulation systems before it will permit specific school projects to proceed. The energy needs of the projects included in the Capital Facilities Plan will be determined at the time of specific engineering and site design planning when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 11 b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: The impacts of the projects included in the Capital Facilities Plan on the solar potential of adjacent projects will be addressed during project-level environmental review when appropriate. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures proposed in connection with the projects included in the Capital Facilities Plan will be considered during project-level environmental review when appropriate. 7. Environmental Health: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Nonproject Actions. 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: The projects included in the Capital Facilities Plan will comply with all current codes, standards, rules, and regulations. The individual projects will be subject to project-level environmental review and local approval at the time they are developed,when appropriate. b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? 12 A variety of noises from traffic, construction, residential, commercial, and industrial areas exists within the Highline School District. The specific noise sources that may affect the projects included in the Capital Facilities Plan will be identified during project-level environmental review when appropriate. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The projects included in the Capital Facilities Plan may create normal construction noises that will exist on short-term bases only. The construction projects could increase traffic around the construction sites on a short-term basis. Because the construction of a new elementary school will increase the capacity of the District's facilities, they may create a slight increase in traffic-related or operations-related noise on a long-term basis. This potential increase is expected to be insignificant. Please see the Supplemental Sheet for Nonproject Actions. 3) Proposed measures to reduce or control noise impacts, if any: The projected noise impacts of the projects included in the Capital Facilities Plan will be evaluated and mitigated during project-level environmental review when appropriate. The projects will be subject to applicable local regulations. 8. Land and Shoreline Use: a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Highline School District, including residential, commercial, industrial, institutional,utility, open space, recreational, etc. b. Has the site been used for agriculture? If so, describe. The potential sites for the projects included in the Capital Facilities Plan have not been used recently for agriculture. c. Describe any structures on the site. The structures located on the site for the projects included in the Capital Facilities Plan will be identified and described during project-level environmental review when appropriate. 13 d. Will any structures be demolished? If so, what? The structures that will be demolished as a result of the projects included in the Capital Facilities Plan, if any, will be identified during project-level environmental review when appropriate. e. What is the current zoning classification of the site? The site that is covered under the Capital Facilities Plan may have a variety of zoning classifications under the applicable zoning codes. Site-specific zoning information will be identified during project-level environmental review when appropriate. f. What is the current comprehensive plan designation of the site? Inventories of the comprehensive plan designations for the site of the projects included in the Capital Facilities Plan will be completed during project-level environmental review when appropriate. g. If applicable, what is the current shoreline master program designation of the site? Shoreline master program designations of the sites of the projects included in the Capital Facilities Plan will be identified during project-level environmental review when appropriate. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Any environmentally sensitive areas located on the site of the projects included in the Capital Facilities Plan will be identified during project-level environmental review. I. Approximately how many people would reside or work in the completed project? The Highline School District currently serves approximately 18,192 students. Enrollment is expected to increase to approximately 19,443 students by the 2017-2018 school year. j. Approximately how many people would the completed project displace? 14 Any displacement of people caused by the projects included in the Capital Facilities Plan will be evaluated during project-level environmental review when appropriate. However, it is not anticipated that the Capital Facilities Plan, or the projects contained therein, will displace any people. k. Proposed measures to avoid or reduce displacement impacts, if any: The individual projects included in the Capital Facilities Plan will be subject to project-level environmental review and local approval when appropriate. Proposed mitigating measures will be developed at that time, when necessary. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The compatibility of the specific projects included in the Capital Facilities Plan with existing uses and plans will be assessed as part of the comprehensive planning process and during project-level environmental review when appropriate. 15 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided in connection with the completion of the projects included in the Capital Facilities Plan. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. It is not anticipated that the projects included in the Capital Facilities Plan will eliminate any housing units. The impacts of the projects included in the Capital Facilities Plan on existing housing will be evaluated during project-level environmental review when appropriate. c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts caused by the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. 10. Aesthetics: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The aesthetic impacts of the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. b. What views in the immediate vicinity would be altered or obstructed? The aesthetic impacts of the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. 16 c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control the aesthetic impacts of the projects included in the Capital Facilities Plan will be determined on a project-level basis when appropriate. 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light or glare impacts of the projects included in the Capital Facilities Plan will be addressed during project-level environmental review, when appropriate. b., Could light or glare from the finished project be a safety hazard or interfere with views? The light or glare impacts of the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare that may affect the projects included in the Capital Facilities Plan will be evaluated during project-level environmental review when appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Proposed measures to mitigate light and glare impacts have been or will be addressed during project-level environmental review when appropriate. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Highline School District. 17 b. Would the proposed project displace any existing recreational uses? If so, describe. The recreational impacts of the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. The projects included in the Capital Facilities Plan may enhance recreational opportunities and uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Adverse recreational effects of the projects included in the Capital Facilities Plan will be subject to mitigation during project-level environmental review when appropriate. School facilities usually provide recreational facilities to the community in the form of play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. The existence of historic and cultural resources on or next to the site of the projects included in the Capital Facilities Plan will be addressed in detail during project-level environmental review when appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites at or near the site of the projects included in the Capital Facilities Plan will be developed during project-level environmental review when appropriate. c. Proposed measures to reduce or control impacts, if any: Appropriate measures will be proposed on a project-level basis when appropriate. 18 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The impact on public streets and highways of the individual projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between the specific projects included in the Capital Facilities Plan and public transit will be addressed during project-level environmental review when appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? Inventories of parking spaces located at the sites of the projects included in the Capital Facilities Plan and the impacts of the specific projects on parking availability will be conducted during project-level environmental review when appropriate. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The need for new streets or roads, or improvements to existing streets and roads will be addressed during project-level environmental review when appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail, or air transportation will be addressed during project-level environmental review when appropriate. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The traffic impacts of the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. 19 g. Proposed measures to reduce or control transportation impacts, if any: The mitigation of traffic impacts associated with the projects included in the Capital Facilities Plan will be addressed during project-level environmental review when appropriate. 15. Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The District does not anticipate that the projects identified in the Capital Facilities Plan will significantly increase the need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. The new school facility will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. 407. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, natural gas, water, refuse service, telephone, and sewer are or can be made available at the potential site of the projects included in the Capital Facilities Plan. The types of utilities available at the specific project site will be addressed in more detail during project-level environmental review when appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs will be identified during project-level environmental review when appropriate. 20 C. SIGNATURE The above answers are true and complete to the best of my knowledge. understand th the lead agency is rely' g on them to make its decision. Signature: Date Submitte 012 21 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent the Capital Facilities Plan makes it more likely that the new school facility will be constructed, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, access roads, and sidewalks could increase stormwater runoff, which could enter surface or ground waters. Heating systems, emergency generators, and other school equipment that is installed pursuant to the Capital Facilities Plan could result in air emissions. The projects included in the Capital Facilities Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of the storage of diesel fuel or gasoline for emergency generating equipment. The District does not anticipate a significant increase in the production of noise from its facility, although the projects included in the Capital Facilities Plan will increase the District's student capacities. Proposed measures to avoid or reduce such increases are: Proposed measures to mitigate any such increases described above or will be addressed during project-level environmental review when appropriate. Stormwater detention and runoff will meet applicable County and/or City requirements and may be subject to National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will meet applicable air pollution control requirements. Fuel oil will be stored in accordance with local and state requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Capital Facilities Plan itself will have no impact on these elements of the environment. The projects included in the Capital Facilities Plan may require clearing plants off of the project site and a loss to animal habitat. These impacts will be addressed in more detail during project-level environmental review when appropriate. The projects included in the Plan are not likely to generate significant impacts on fish or marine life. 22 3. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures to protect and conserve plants, animals, and fish cannot be identified at this time. Specific mitigation proposals will be identified, however, during project-level environmental review when appropriate. 4. How would the proposal be likely to deplete energy or natural resources? The construction of the projects included in the Capital Facilities Plan will require the consumption of energy. Proposed measures to protect or conserve energy and natural resources are: The projects included in the Capital Facilities Plan will be constructed in accordance with applicable energy efficiency standards. 5. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Capital Facilities Plan and the individual projects contained therein should have no impact on these resources. Proposed measures to protect such resources or to avoid or reduce impacts are: Appropriate measures will be proposed during project-level environmental review when appropriate. Updates of this Plan will be coordinated with King County and the cities of Des Moines, Burien, SeaTac, Normandy Park, Tukwila and Kent as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the District's facilities planning process is part of the overall growth management planning process, these resources are more likely to be protected. 6. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Capital Facilities Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline management plans. The District does not anticipate that the Capital Facilities Plan or the projects contained therein will directly affect land and shoreline uses in the area served by the District. Proposed measures to avoid or reduce shoreline and land use impacts are: 23 No measures to avoid or reduce land use impacts resulting from the Capital Facilities Plan or the projects contained therein are proposed at this time. 7. How would the proposal be likely to increase demands on transportation or public services and utilities? The construction projects included in the Capital Facilities Plan may create temporary increases in the District's need for public services and utilities. The new school facility will increase the District's demands on transportation and utilities. These increases are not expected to be significant. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. 8. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. 24 WAC 197-11-970 Determination of nonsignificance(DNS). DETERMINATION OF NONSIGNIFICANCE Description of proposal—This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single course of action: 1. Adoption of the 2012-2018 Highline School District Capital Facilities Plan by the flighline School District for the purposes of planning for the facilities needs of the District; 2. The amendment of the King County Comprehensive Plan to include the Highline School District's 2012 Capital Facilities Plan as part of the Capital Facilities Element of the King County Comprehensive Plan;and 3. The potential amendment of the Comprehensive Plans of the cities of Burien, SeaTac,Normandy Park, Des Moines, Tukwila and Kent to include the Highline School District's 2012 Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan, Proponent--Highline School District No.401 Location of proposal: The Highline School District includes an area of approximately 27 square miles(excluding SeaTac Airport). The cities of Burien, SeaTac,Normandy Park, Des Moines, Tukwila and Kent and parts of unincorporated King County fall within the District's boundaries. Lead agency—Highline School District No.401 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement(EIS)is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2);the lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 4:30 pm August 22,2012. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely,withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible official- Susan Smith-Leland Position/title—Assistant Superintendent of Finance and Operations, Highline School District No.401 Phone—(206)433 -2505 Address— 15675 Ambaum Boulevard SW.Burien,WA 98166 Date.August 7,2012 Signature ❑ You may appeal this determination to(name) at(location)_ no later than(date) _ by(method) .................................................. .........You should be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals. X There is no agency appeal. 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N ,� h VO CO 00 al al O CO0 CO h N 4. x O� U M � O `• � �� � M N --i CD41 h VO � M M M CD M r3 O O O O CD CD CD CD CD CDO .-i cC OM1 O CD Cl CO h \O �n M N ,--i CDWw � oM � M oo � 0� oM ,_, Nw . . . 00O000000O o v o n n r v CD CD CD CD CD CD CD0 0 0 0 0 0 w -� o " NNNNNNNNNNNNN w v so v3 so v so v so v so v so � x [L. . . . . . . . . . . . . � a U U z z z z z z z z z z z z z ••• O Om vvv �0OO oo oom0055 0 oMMo � ooMO o � � � � ry � v v o 00 M00000 � � � � o m a° Nv0 v 00 r x0o �oxr- �0000� NZZZZ a � w �oa1N �n oo �n � oo �o �000 � �o MMM �o �oN � A Y o Ao v Vo ,� M v M N Q,' vi vi vi es v3 v3 69 69 6 60 9 69 69 69 69 69 69 69 69 T U � � vvvNr- 00M0001v oC) w w w "� w w '" '" '" c+m 00 0. �o � � � � 000000000MooNoo �o � M � 0 000 0 000 0 000 0 Co N h N N N w a1o � N � �nalv000000 N o o w y O O O O O O O O O O O O o 0 N N N N N N N N N N N N N N 0 0 hz 6 h School District Capital Facilities Plans 2012/13 to 2017/18 Kent Federal Way Auburn Highline Area Cost Allowance $188.55 $188.55 $188.55 -0- State Funding Assistance % 56.65% 63.5% 58.49% -0- District Average Assessed Valuation SFR $249,981 $232,710 $223,057 $248,087 MFR $ 95,379 $ 77,926 $ 68,902 $ 83,849 Debt Service Capital Levy Rate/$1000 $1.75 $1.45 $0.98 $1.746 Bond Interest Rate 3.84% 3.84% 3.84% 3.84% Issues: Kent: Completion of MAIN and Auxiliary Gym projects provided additional high school classroom capacity. New Panther Lake Elementary opened Fall 2009; Voter-approved construction funding for future elementary school; Planning for replacement of Covington elementary school Federal Way: Replace Federal Way high school, future levy election. Phased in full-day kindergarten and decreased K-3 class size creates need for additional classes. Employment Transition Program financing. Auburn: 1 Elementary School and 1 Middle School construction Acquisition of elementary school site Auburn High School modernization and reconstruction—future bond issue Highline: New elementary school - voter-approved capital bonds and impact fees STe=±TlavACOMP_PLA AM IMD 17S@012VCPA-20122 SchlDl4sCf sVC±y_CowcilACPA-2012-2 cVfaci1itieAab1e2 Rev l0092012 doc School District Capital Facilities Plans —2012/13 to 2017/18 General Statistics Kent Federal Way Auburn Highline Student Generation SFR Elementary .486 0.3795 0.2610 0.426 Middle .130 0.1747 0.1300 0.132 Senior High .250 0.1988 0.1340 0.149 MFR Elementary .331 0.1620 0.1720 0.162 Middle .067 0.0470 0.0700 0.047 Senior High .124 0.0660 0.0900 0.066 Headcount2011/12 27,397 19,712 14,363 18,192 Capacity w/portables 2011/12 28,532 22,477 13,755 19,036 Class Size K - 25 K - 2 - 20 K-2 - 25 K - 24 1-3 -25 3 - 5 -25 3 - 4-27 1 -3 -25 4 - 6 - 29 6 - 12 - 26 5 - 30 4-6 - 27 7 - 8 -29 6 -12 - 30 7- 8 - 30 9- 12 -31 9- 12 -32 STe=itT1avACONM PLAN AMENDMENTS@012VCPA-20122 Schl Disk Cf sVC±y_CowcilACPA-20122 cVfaci1itieAab1e3_Rev l0092012 doc Simmons, Mary From: Mottram, Pamela Sent: Tuesday, October 09, 2012 9:16 AM To: Simmons, Mary Subject: School District Capital Facilities Plans - REVISED Tables 2 & 3 & Email from Mike Newman-Auburn School District Attachments: CPA-2012-2_capfacilitiestable2_Rev10092012.pdf; CPA-2012-2 _capfacilitiestable3_Revl DD92D12.pdf Importance: High Mary — Please replace the original tables sent to you yesterday for the 10/16 CC packet with the ATTACHED Revised/Amended - CFP's Tables 2 & 3. Please include in the packet- the portion of the email below "from Charlene Anderson to Mike Newman along with Newman's response", placing it behind Tables 2 & 3, to indicate why those tables were amended. Thank you. Pamela Mottram, Administrative secretary ECD Administration I Economic &Community Development 400 West Gowe, Kent, WA 98032 ,o 001111 W! Main 253-856-5454 1 Direct 253-856-5459 KENO" pmottram@KentWA.gov www.KentWA.aov iil U,,,a 6 III IAI(CONSIDIR 1II1 EI=VIIU141MI1 1-111 10111 IIIIIIVlIIVL' IIII°, fb HIM From: Anderson, Charlene Sent: Tuesday, October 09, 2012 8:09 AM To: Mottram, Pamela Subject: FW: School District Capital Facilities Plans - Public Hearing From: Newman, Mike [ma ilto:mnewman(a)auburn.wed net.edu] Sent: Monday, October 08, 2012 4:02 PM To: Anderson, Charlene Subject: RE: School District Capital Facilities Plans - Public Hearing Charlene: I left you a voice mail on this. Thank you for the questions and catching the differences in the numbers. These different numbers in the data should not have occurred. Here is the corrected information: 1. 2011 State Match for the Auburn School District is 58.49%the district part is 41.51%. (Error on page 29) a. This does impact the fee slightly, which would have increased the fee $6.37 on single Family and increased Multi-Family$3.90. 1 would recommend no change in the requested fee. 1 2. Enrollment Capacity—The numbers should have been carried forward from the prior year's plan which has the capacity as 13,755 for 2011. a. I have attempted to reconstruct why the difference occurred and can only came back to a calculation error by staff and an oversight in the executive summary. Again, my apologies for you having to catch these errors. Mike Newman Deputy Superintendent Auburn School District 253-931-4930 From: Anderson, Charlene [mailto:CAnderson@kentwa.gov] Sent: Thursday, October 04, 2012 2:37 PM To: Newman, Mike Subject: RE: School District Capital Facilities Plans - Public Hearing Hi, Mike. I noticed in the capital facilities plan that the "district" match is shown as 58.67% on page 27 but the "district" match is listed as 41.51% on page 5 in the executive summary. The "state" match is listed as 58.49% on page 5 in the executive summary, down from 58.67% last year. There's a similar issue on page 29, where the state match is shown as 58.67% and the district match is shown as 41.33% (which page 5 shows as changed to 41.51%). Would you please clarify this for me? Do the impact fees need adjustment because of these differences? Furthermore, the executive summary (page 2, 6th paragraph) states the 2011/12 capacity was 13,725. The calculations on page 20 show a capacity of 13,778 for 2011/12. Why the difference, and which is correct? Charlene Anderson,AICP, Planning Manager Planning Services I Economic &Community Development 400 West Gowe, Kent, WA 98032 '0""s'��'° Main 253-856-5454 1 Direct 253-856-5431 ,"t.....000 KENT canderson CNKentWA.gov iinn www.KentWA.aov 91 III IA I(CONSI DI I? IIIL 1 N VII U141MI 14'I"I111011I PIR1V1-1NI IIII1, 1 HAIL From: Newman, Mike [mailto:mnewman@auburn.wednet.edu] Sent: Thursday, October 04, 2012 10:40 AM To: Anderson, Charlene Subject: RE: School District Capital Facilities Plans - Public Hearing Charlene: That is the same night the City of Auburn is having the same meeting with the Planning Commission, which is the first step in their process. I will attempt to have another staff person attend the City of Kent meeting. Mike From: Anderson, Charlene [mailto:CAnderson@kentwa.gov] Sent: Thursday, October 04, 2012 10:24 AM To: 'Tanya-Nascimento -ESC'; Newman, Mike; 'Esther-Derdowski, Gwendolyn'; 'Johnson, Andrea S'; 'Kirk Robinson' Subject: School District Capital Facilities Plans - Public Hearing 2 The Kent City Council will hold a public hearing on October 16th at 7 PM in City Council Chambers on the issue of adoption of the School District Capital Facilities Plans and associated school impact fees, and incorporation of the plans into the City's comprehensive plan. Please let me know ASAP who will be in attendance for your school district. Thank you! Charlene Anderson,AICP, Planning Manager Planning Services I Economic &Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5454 1 Direct 253-856-5431 P,%WAIWPYOYO 'K'ENT canderson CNKentWA.gov www.KentWA.00v ail ,,,a%ug� III I A I(CONS I DI I? I I I L 1 NVI IU 141H 1 14 1-111 1 0111 1111114 1 1 NI I I I I•, fb HAIL 3 w," Agenda Item: Public Hearings - 5D TO: City Council DATE: October 16, 2012 SUBJECT: 2012 Property Tax Levy for 2013-2014 Biennial Budget MOTION: To close the public hearing. SUMMARY: This date has been set for the public hearing on the 2012 Tax Levy for the 2013-2014 Biennial Budget. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of October 2, 2012, and the minutes of the regular Council meeting of August 21, 2012. 7B. Approval of Bills. Bills were not available for approval. y RCN i Kent City Council Meeting Was„ „ ,., October 2, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Ralph, Ranniger, and Thomas. Council member Perry was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) The Council President added Consent Calendar Item S. B. From the Public. (CFN-198) The public made no changes to the agenda. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) No public recognition was given. B. Community Events. (CFN-198) Higgins encouraged people to go to the website to view upcoming events at the ShoWare Center. Thomas announced the Greater Kent Historical Society dinner/auction at 5:30 p.m. on Saturday, October 6. Ralph announced that the Spotlight Series events kick off on October 19. Ranniger encouraged everyone to attend Kent Dancing with the Stars on October 20. C. Gift from Norway Sister City. (CFN-198) Florence Amundsen of the Norway Sister City Committee described her recent trip to Sunnfjord, and presented the Mayor and Council with a wooden plate from Kent's Sister City. Mrs. Amundsen announced that a three-year MOU was signed during the trip, and reported that the recent soccer exchange was a tremendous success. D. Introduction of Appointee. (CFN-839) Mayor Cooke introduced Dan Cox, her appointee to the Kent Arts Commission. Mr. Cox spoke about his interest and experience in arts events. E. Skate America Month. (CFN-155) Mayor Cooke read a proclamation declaring October 2012 as Skate America Month in the city of Kent, and encouraged residents to take part in celebration of the fans and athletes who will come to Kent to compete. The proclamation was presented to Laura Lee, who showed a brief video of Skate America and explained the event and the athletes who will participate. F. Police Officers Swearing In. (CFN-122) Police Chief Thomas introduced Trevor Wolcott and Eugene Shin, and Mayor Cooke administered the Oath of Office to the new officers. G. Interaovernmental Reports. (CFN-198) Council members reported on issues discussed at the regional committees on which they serve. PUBLIC COMMENT A. Kent Historical Society. (CFN-1087) Nancy Simpson, 20836 101st Avenue SE, President of the Kent Historical Society, thanked the City for their financial support in 1 Kent City Council Minutes October 2, 2012 the past, and City Facilities for the work they've done on the roof. She also mentioned help they have received from the Arts Commission and Kiwanis. Simpson distributed a pamphlet regarding the history of Military Road and explained an upcoming celebration of the 150th anniversary of the Civil War. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through S. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of September 18, 2012, were approved. B. Approval of Bills. (CFN-104) Payments of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 18, 2012, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 8/31/12 Wire Transfers 5180-5195 $1,664,691.35 8/31/12 Regular Checks 666220-666730 3,523,019.58 Void Checks 666613/666700 (542.24) 8/31/12 Use Tax Payable 2,920.50 $5,190,089.19 Checks issued for payroll for August 16 through August 31 and paid on September 5, 2012, were approved: Date Check Numbers Amount 9/5/12 Checks 328944-329126 $ 127,111.09 9/5/12 Advices 303193-303834 1,221,347.18 $1,348,458.27 Checks issued for payroll for July 16 through July 31 and paid on August 3, 2012, were approved: Date Check Numbers Amount 8/3/12 Checks 328605-328775 $ 156,360.71 8/3/12 Advices 301-301243 1,211,516.36 $1,367,877.07 C. 2013-2014 Biennial Budget. (CFN-186) October 16, 2012, was set for the second public hearing on the 2013-2014 Biennial Budget at the regular City Council meeting. D. 2013-2018 Capital Improvement Plan (Second Hearing) and Compre- hensive Plan Amendments. (CFN-775) October 16, 2012, was set for the second public hearing on 2013-2018 Capital Improvement Plan and Comprehensive Plan Amendments at the regular City Council meeting. 2 Kent City Council Minutes October 2, 2012 E. Kent Comprehensive Plan and Amendments to Section 12.13, Kent City Code, re School Impact Fees. (CFN-775/961/1000) October 16, 2012, was set as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13, Kent City Code, to incorporate the updated Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts, the new Capital Facilities Plan of the Highline School District, the City's 2013-2018 Capital Improvement Plan, and changes to adopted school impact fees. F. 2012 Property Tax Levy. (CFN-104) October 16, 2012, was set as the public hearing date on the 2012 Tax Levy for the 2013-2014 biennial budget at the regular City Council meeting. G. Arts Commission Appointment. (CFN-839) The Mayor's appointment of Dan Cox to the Kent Arts Commission for a four year term, filling a vacancy on the Commission was confirmed. Mr. Cox's term will expire on October 31, 2015. H. Economic Development Corporation Dissolution Ordinance. (CFN-825) Ordinance No. 4048 dissolving the Kent Economic Development Corporation was adopted. I. Consolidated Budaet Adiustment Ordinance. (CFN-186) Ordinance No. 4049, approving the consolidating budget adjustments made between January 1, 2012 and June 30, 2012, reflecting an overall budget increase of $948,333 was adopted. J. Washington State Arts Commission Grant. (CFN-839) The Washington State Arts Commission grant in the amount of $6,000 was accepted and the expenditure of the funds was authorized in accordance with the grant terms and conditions, subject to the final terms and conditions acceptable to the Parks Director and City Attorney. K. Centennial Buildina Boiler Purchase Agreement. (CFN-118) The Mayor was authorized to sign the contract with Stacy Plumbing Supply Company to purchase a boiler for the Centennial Center Building in the amount of $26,225.25, including WSST, subject to the final terms and conditions acceptable to the Parks Director and City Attorney. L. Yamaha Golf Cart Lease Agreement. (CFN-118) The Mayor was authorized to sign the equipment schedule with Yamaha Motor Corporation, U.S.A., leasing 76 golf carts for four years, in the amount of $203,795.84, subject to final terms and conditions acceptable to the Parks Director and City Attorney. M. Guiberson Reservoir Replacement — Consultant Services Agreement with Gray & Osborne. (CFN-1111) The Mayor was authorized to sign a consultant services agreement with Gray & Osborne, Inc. in an amount not to exceed $259,642 to provide Engineering services for the Guiberson Reservoir Replacement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. Property Acauisition Negotiations, SE 256th, Consultant Services Agreement with Tierra Right of Way Services LTD. (CFN-239) The Mayor was authorized to sign a consultant services agreement with Tierra Right of Way Services 3 Kent City Council Minutes October 2, 2012 LTD in an amount not to exceed $24,460 to provide negotiation services to acquire property along SE 256th Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. O. Property Acquisition Negotiations, SE 256th, Consultant Services Agreement with Certified Land Services Corporation. (CFN-239) The Mayor was authorized to sign a consultant services agreement with Certified Land Services Corporation in an amount not to exceed $18,315 to provide negotiation services to acquire property along SE 256th Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. P. Lower Russell Road Levee, Consultant Services Agreement with AMEC. (CFN-858) The Mayor was authorized to sign a consultant services agreement with AMEC Environmental & Infrastructure, Inc. in an amount not to exceed $24,570 to provide Geotechnical and Levee Certification Services for the Lower Russell Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Q. 2011 Miscellaneous Sewer Improvements. (CFN-1038) The 2011 Miscel- laneous Sewer Improvements Project was accepted as complete and release of retainage to Mid Mountain Contractors, Inc. upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $2,363,636.01. The final contract amount was $2,969,319.82. R. Garrison Reach II Bill of Sale. (CFN-484) The Bill of Sale for the Garrison Reach II Short Plat project, permit 2063249, for 1 hydrant, and 281 linear feet of waterline, 2 manholes, 270 linear feet of sanitary sewerline, 300 linear feet of new street, 5 catch basins, and 300 linear feet of storm sewerline was accepted. ADDED ITEM S. Excused Absence. (CFN-198) An excused absence for Councilmember Perry, who was unable to attend the October 2, 2012, meeting, was approved. REPORTS A. Council President. (CFN-198) Higgins reported that the preliminary budget was presented at the workshop held earlier today, and that budget meetings will be held on October 9, October 13, and October 23. B. Mayor. (CFN-198) Mayor Cooke reported that city employees generously donated school supplies which were presented to Kent Meridian and Kentlake High Schools. She also announced that she has signed a proclamation for Re-Leaf 2012 at Clark Lake Pa rk. C. Administration. (CFN-198) Hodgson noted that an Executive Session will be held to discuss labor negotiations, that no action is expected tonight, and that the session will take approximately 20 minutes. D. Economic & Community Development Committee. (CFN-198) No report was given. 4 Kent City Council Minutes October 2, 2012 E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) Boyce announced that the next meeting will be on October 9 at 4:30 p.m. H. Public Works Committee. (CFN-198) Albertson reported that she and Council member Ralph will be taking a tour of the Howard Hanson dam and the Clark Springs Reservoir on October 4. She said there will not be a committee meeting on October 15 and that a special meeting will be held on October 22 instead. She noted that an update on traffic calming measures for 223rd Street SE will be given at the November 5 meeting. I. Regional Fire Authority. (CFN-198) Thomas said the next meeting will be at 5:30 p.m. on October 3 at Station 78, and that the budget will be discussed. EXECUTIVE SESSION At 7:43 p.m., the meeting recessed to Executive Session to discuss labor negotiations. At 8:15 p.m., an extension of ten minutes was announced. ADJOURNMENT The regular meeting reconvened and adjourned at 8:28 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 y RCN i Kent City Council Workshop October 2, 2012 Council members Present: Albertson, Boyce, Higgins, Ralph, Ranniger (who arrived at 5:20) and Thomas. Council member Perry was not in attendance. The meeting was called to order at 5:00 p.m. by Council President Higgins. Mayor's Budget Message. Mayor Cooke gave her budget presentation, noting that the budget includes service reductions and new revenue sources. She talked about the effects of the economic downturn, debt, and revenues which are down. She explained her new revenue sources and some changes to existing policies. Overview of Budaet Document. The preliminary budget was distributed and CAO Hodgson outlined the major revenue and expenditure changes from the 2012 budget, and the program changes and reductions. He then answered questions from Council members and agreed to provide particular information they requested. Budget Workshop Calendar. Council President Higgins announced further budget workshops on October 9, 13, and 23. Reaional Committee Assianments. Higgins asked Council members to co- ordinate their regional committee assignment preferences with him and then provide them to the Council assistant. Albertson pointed out that time is of the essence and a decision must be made soon in regard to the Sound Transit route between Des Moines and Federal Way. The meeting adjourned at 6:25 p.m. Brenda Jacober, CIVIC City Clerk 1 y RCN i Kent City Council Meeting Was„ „',.' August 21, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ralph, Ranniger, and Thomas. Council member Boyce was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Higgins added Consent Calendar Item K, an excused absence for Council member Boyce. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Erin Cox, 24620 Russell Road, introduced her seven-year-old daughter Jasmine Phelps, who was recently named National American Miss Washington. Jasmine explained what she learned from participating in the pageant, and said she will be representing Kent in the National American Miss Washington Junior Pre-Teen pageant. B. Community Events. (CFN-198) Higgins encouraged people to go to showarecenter.com to view upcoming community events. C. Exchanae Students from Yanazhou, China. (CFN-155) Cheryl Truzzi explained the Youth Ambassador program, and noted that there are three students from Yangzhou and three students from Kent this year. Each student then introduced themselves and spoke briefly. PUBLIC COMMENT No comments were made by the public. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through K. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of August 7, 2012 and the special Council meeting of July 31, 2012, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 7, 2012, was approved. Checks issued for vouchers were approved: Date Check Numbers Amount 7/15/12 Wire Transfers 5114-5124 $1,191,888.11 7/15/12 Regular Checks 664547-665029 4,788,051.47 7/15/12 Use Tax Payable 270.04 $5,980,209.62 1 Kent City Council Minutes August 21, 2012 Checks issued for payroll for July 1 through July 15 and paid on July 20, 2012, were approved: Date Check Numbers Amount 7/20/12 Checks 328424-328604 $ 138,854.93 7/20/12 Advices 301244-301894 1,237,052.99 $1,375,907.92 Checks issued for payroll for July 16 through July 31 and paid on August 3, 2012, were approved: Date Check Numbers Amount 8/3/12 Checks 328605-328775 $ 156,360.71 8/3/12 Advices 301-301243 1,211,516.36 $1,367,877.07 C. Parking and Loading Requirements. (CFN-131) Ordinance No. 4043, amending Chapters 15.05, 15.07.040, and 15.02.331 Kent City Code, related to off- street parking and loading areas, was adopted. D. Permit Process Procedures and Requirements. (CFN-131) Ordinance No. 4044, amending Chapters 12.01, 12.04, and 2.32 Kent City Code, related to permit process procedures and requirements, was adopted. E. KIVA System Upgrade. (CFN-1155) The Mayor was authorized to sign all necessary documents to enter into agreements with Independence Enterprises, Inc., Selectron Technologies, Inc., Hewlett-Packard, DLT Solutions and Active Networks required upgrading the KIVA Permitting System in an amount not to exceed $182,658.17, including applicable state taxes, subject to final terms and conditions acceptable to the Information Technology Director and the City Attorney. F. Limited Tax General Obligation Bond Refunding Ordinance. (CFN-104) Ordinance No. 4045 authorizing the issuance of the 2012 Refunding Bonds in an amount not to exceed $13,000,000 to refund the outstanding 2000 and 2002 Limited Tax General Obligation Bonds was adopted. G. Horseshoe Bend Levee Materials Testing Agreement. (CFN-1318) The Mayor was authorized to sign a consultant services agreement with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $22,660 for materials testing and inspection services related to the Horseshoe Bend Phase II Levee Improvements, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. H. S. 228th Street Union Pacific Railroad Grade Separation Proiect Agreement. (CFN-1038) The Public Works Director was authorized to sign the South 228th Street Overpass agreement with Medina Fund One LLC, subject to final terms and conditions acceptable to the City Attorney. 2 Kent City Council Minutes August 21, 2012 I. Forest Ridae Court Bill of Sale. (CFN-484) The Bill of Sale for the Forest Ridge Court project, permit 2052140, for 10 gate valves, 3 hydrants, and 1,645 linear feet of waterline, 4 manholes, 1,188 linear feet of sanitary sewerline, 888 linear feet of frontage improvements; 5 catch basins, and 92 linear feet of storm sewerline was accepted. J. Lodging Tax Budget Adjustment. (CFN-1170) The Lodging Tax Budget Adjustment in the amount of $20,000 to use toward Skate America promotions was approved. ADDED K. Excused Absence. (CFN-198) An excused absence for Councilmember Boyce, who was unable to attend the August 21, 2012, meeting was approved. OTHER BUSINESS A. Green River Levee Improvements. (CFN-1318) Public Works Director LaPorte explained that negotiations with property owners involving the Hawley Road and Horseshoe Bend levees have stalled. He described the situations with Holmes Electric and EFCO, and said that in order to meet certain deadlines, it is necessary to proceed with condemnation. He added that although the city has had to file condemnation ordinances in the past, none have ever gone to court. Upon a question from Ralph regarding impacts to existing structures and current uses of the property, LaPorte described each situation and said neither business will lose space in their buildings or parking lots, although Holmes Electric will lose an access point. Albertson moved to adopt Ordinance No. 4046 providing for the acquisition of certain property rights along the Green River to complete levee improvements. Higgins seconded. Albertson emphasized that this ordinance is simply to allow the city to move forward if negotiations stall. The motion then carried REPORTS A. Council President. (CFN-198) Higgins reported on the discussion of the budget, operational efficiencies, and business revenues held at tonight's workshop. B. Mayor. (CFN-198) Mayor Cooke reported on levee improvements and meetings regarding public safety. C. Administration. (CFN-198) Hodgson reported on the recent bond rating meetings and the levy lid lift information which will soon be available on the city's website. He announced an executive session of approximately 20 minutes to discuss LID 363 procedures and pending litigation, with action expected on the pending litigation. D. Economic & Community Development Committee. (CFN-198) No report was given. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) No report was given. 3 Kent City Council Minutes August 21, 2012 G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198/1321) Albertson reported that, due to the Labor Day holiday, there will be only one meeting in September and that in October the meetings will be on the lst and the 22nd. She provided Council members with copies of 2007 and 2010 reports on transportation infrastructure funding deficits, and explained that a Transportation Benefit District must be formed in order to charge a $20 license tab fee. I. Reaional Fire Authority. (CFN-198) Thomas announced that the fire commissioners and council members received a Gold, Silver and Bronze award. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:35 p.m., and reconvened at 8:12 p.m. A. Pending Litigation — National Pollutant Discharge and Elimination System Phase II Permit. (CFN-1038) The City Attorney explained that the Department of Ecology made a change in the regulations relating to low impact development in order to provide clean water for fish, people, and Puget Sound, but that there are a number of sections which aren't clear. In order to obtain clarification, he recommended joining with other cities in an appeal. Thomas moved to authorize the City Attorney to take all acts necessary to appeal the National Pollutant Discharge and Elimination System Phase II Permit, including authority to litigate or settle the appeal and to adjust the storm water utility budget accordingly to pay for all costs related to the appeal. Higgins seconded. Albertson voiced opposition, saying the money would be better spent implementing the items in the design manual. Higgins pointed out that although there are lots of uncertainties, if action isn't taken now, it could close off possible future legal action. Ralph said the only reason she is in support of the motion is to gain the clarity needed to act in the best possible way. Ranniger said given the current budget situation, it would be best not to spend the money before getting clarification. Perry noted that some conflicts could arise between the Growth Management Act and the low impact development standards, and said she supports the motion only for clarification. Brubaker reiterated that the permit is extensive and complicated, and that the low impact development standards manual is not yet complete. He said there is confusion and ambiguity and that if there is no appeal, the city's questions may not be raised or may be decided in a manner that doesn't reflect the city's understanding. He again recommended joining in an appeal in order to gain clarity on the ambiguities. The motion then carried with Higgins, Perry, Ralph and Thomas in favor, and Albertson and Ranniger opposed. 4 Kent City Council Minutes August 21, 2012 ADJOURNMENT The meeting adjourned at 8:20 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: October 16, 2012 SUBJECT: Washington Traffic Safety Commission Grant, Mobilization — Accept MOTION: Accept the Washington Traffic Safety Commission grant in an amount not to exceed $8,000, and authorize the Police Chief to sign the Memorandum of Understanding and amend the budget in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Kent Police Department has received notification of receipt of funds in the amount of $8,000 for the Kent/South King County Target Zero Teams Task Force. The grant will fund officer overtime during specified Target Zero Impaired Driving emphasis dates and during seat-belt focused patrols as follows: Impaired Driving: $6,500 Seat Belts: $1,500 The Kent/South King County Target Zero Task Force supports the WTSC goal to reduce deaths, serious injuries, and economic losses that result from traffic collisions. An emphasis is placed on the primary goals/emphasis areas of the Washington State Strategic Highway Safety Plan — Target Zero: • Reduce crashes involving impaired drivers • Reduce speed related crashes • Increase seat belt & child restraint use EXHIBITS: WTSC Memorandum of Understanding RECOMMENDED BY: Public Safety Committee 10/9/12 BUDGET IMPACTS: No city matching funds required. Funding is on a reimbursement basis. 'iATF 4R0 0 r TT 1� 'Y i80tl`TO MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the KENT POLICE DEPARTMENT (Agency) and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE), traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero priorities. The Target Zero Manager and Law Enforcement Liaison assigned to your county shall coordinate the Scope of Work as outlined below: I TERM: October 1, 2012 - September 30, 2013 AMOUNTS Impaired Driving: $6,500 CFDA# 20.601 Seat Belts: $1,500.00 CFDA # 20.602 These funds shall not be commingled and are only to be utilized for the specific emphasis area. SWV #0000552-00 Agency Statewide Vendor Number IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To reduce traffic related deaths and serious injuries by engaging in multijurisdictional HVE patrols in the areas of impaired driving and occupant protection. I 2. SCOPE OF WORK: Impaired Driving: Agency will engage in multijurisdictional HVE patrols for all or part of the following: i Holiday DUI Patrols; November21, 2012 — January 1 , 2013 j St. Patrick's Day DUI Patrols; March 14, 2013 — March 18, 2013 Summer Kick-Off DUI Patrols; June 21, 2013 — July 7, 2013 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 16, 2013 — September 2, 2013. Created: August 3, 2012 Page 1 of These patrols shall occur in locations where the highest rate of fatality and serious injury collisions caused by impaired driving occur in your geographic area of the state and will not begin before 4:00 pm. Patrols will occur Friday-Sunday, with the exception of: Wednesday and Thursday, November 21 and 22, to cover Thanksgiving; Wednesday and Thursday, July 3 & 4, to cover the 4th of July, and; Monday, September 2 to cover the Labor Day Holiday Seat Belts: Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or all of the following dates: May 20 — June 2, 2013; these shall occur where the lowest rates of occupant i protection use occur in your geographic area of the state. These patrols will not begin before 4:00 pm. Agency agrees to take a zero tolerance approach to seat belt and child car seat violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the seat belt patrols. 3. CONDITIONS: For each of the emphasis patrols listed above, Multiiurisdictional High Visibility Enforcement Protocols, as outlined in Addendum A of this document will be followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Director. These are enforcement activities intended to apprehend impaired drivers, and unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all of the officers participating in patrols under the terms of this agreement are SFST trained. SFST training is required as follows: • Officers who received SFST training prior to 2008 will need to pass SFST refresher training before participating in these patrols or will have successfully completed the Advanced Roadside Impaired Driving Enforcement (ARIDE) in 2010 or later. Current Drug Recognition Experts are exempt from the SFST refresher. i • Officers who received SFST training in 2008 or later will need to take the SFST refresher training, which is offered with their BAC refresher, to stay current and be i Created: August 3,2012 Page 2 of 9 qualified to work these patrols. (BAC re-certification and SFST refresher training are required every three years.) Media Contacts: All of these patrols are conducted as part of highly publicized efforts. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Assistant Chief Pat Lowery Sgt, Robert Constant Name/Title Name/Title 253-856-5833 plowery(o)kentwa.gov 253-856-5882 rconstant(a)kentwa._ oq v Office Phone & e-mail Office Phone & e-mail 253-266-6833 (law enforcement use only) 253-606-4277 Cell Phone Cell Phone Available weekends per above?* ❑ Available weekends per above?* 4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits) to participate in these emphasis patrols. 5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than eight hours. (WTSC understands there may be instances when more than eight hours are billed because of DUI processing, etc.) 6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Agency understands that reserve officers are not eligible for overfime for this project. 7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from the WTSC Program Manager. 8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. Upon agreement by the Agency and the local Target Zero Manager, the DUI or Occupant Protection allocation may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed Created: August 3,2012 Page 3 of 9 50% of the original agreed amount for the specific emphasis area. Any increase in allocation exceeding 50% will require an amendment to this document. i 9. PERFORMANCE STANDARDS: a. Participating law enforcement officers are required to have a minimum of 3 self-initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). 1) Agency identified as the "Claimant" 2) Statewide Vendor Number (bottom of Claimant box) 3) A Federal Tax ID #, 4) Original signature of the agency head, command officer or contracting officer. b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The Target Zero Manager will forward these documents to WTSC for processing and payment. 11. DEADLINES FOR CLAIMS All claims must be approved by your Target Zero Manager, please allow adequate time for processing in order to meet the following deadlines: a. First Deadline: All claims for reimbursement for emphasis conducted from October 1, to June 30, must be received by WTSC no later than August 15, 2013. b. Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15, 2013. Created: August 3,2012 Page 4 of 9 (NOTE: Two separate invoices may be necessary for the Summer Kick-off DUI patrols if hours are worked in both June and July.) Invoices submitted for reimbursement after the above dates, will not be paid. WTSC will NOT accept faxed invoices. 12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 13. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. ICI IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Agency Signature Washington Traffic Safety Commission Signature (Date) (Date) Agency Address (where fully executed copy of this document will be mailed): 220 4th Avenue South Street Kent WA 98032 Sara Wood City, State Zip Attn: Please return this signed MOO (No later than October 24, 012) to your Target Zero Manager; Sara Wood Kent PD 220�4'Ave. S. Kent, WA 98032 253-856-5851 Created: August3, 2012 Page 5 of i Target Zero Manager will forward this signed document to: Angie Ward, WTSC 621 — 8th Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504-0944 360.725.9860 o later than October 31 , 2012 i 1 I Created: Augustg 3 2012 Page 6 of 9 Addendum A Multiiurisdictional High-Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE) mobilizations to address impaired driving and seat belt use. These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high-visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i.e., that "extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of tougher enforcement. Definitions: • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. Created: August 3,20 L2 Page 7 of 9 • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by fatality and serious injury collision data. Responsibilities WTSC: • Provide Funding. • Coordinate paid media at the state level. • Lead earned media efforts for: o Holiday DUI o Click It or Ticket o Drive Hammered Get Nailed. I • Summarize enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans. • Coordinate mobilization briefings. • Lead earned media efforts for: o St. Patrick's Day DUI o Summer DUI • Lead earned media efforts (optional) for all other mobilizations. • Review and approve all MOUs, invoices, and other documentation before submission to WTSC. Law Enforcement Agencies: • Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment (vehicle, radar, etc.) to participate in multijurisdictional HVE patrols. Created: August 3,2012 Page 8 of 9 ® Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this document. ® Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. ® Ensure officers conduct a minimum of three (3) self-initiated contacts per hour. This is an enforcement activity that is intended to apprehend violators. It is expected that a Notice of Infraction/Citation (NOI/C) will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through HVE patrol contact (investigating collisions, emergency responses, etc.) will be the responsibility of the contracting agency and may not be considered for reimbursement. ® Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log. Agency Signature Date �I Created: August 3,2012 Page 9 of 9 KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: October 16, 2012 SUBJECT: Washington Traffic Safety Commission Grant, Law Enforcement Liaison - Accept MOTION: Accept the Washington Traffic Safety Commission grant in an amount not to exceed $5,000, and authorize the Police Chief to sign the inter- agency agreement and amend the budget in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Kent Police Department has received notification of receipt of funds in the amount of $5,000 for the Kent/South King County Target Zero Teams Law Enforcement Liaison (LEL). The grant will provide funding for LEL officer overtime as outlined in the Statement of Work. The Kent/South King County Target Zero Task Force supports the WTSC goal to reduce deaths, serious injuries, and economic losses that result from traffic collisions. An emphasis is placed on the primary goals/emphasis areas of the Washington State Strategic Highway Safety Plan - Target Zero: • Reduce crashes involving impaired drivers • Reduce speed related crashes • Increase seat belt & child restraint use EXHIBITS: WTSC Interagency Agreement RECOMMENDED BY: Public Safety Committee 10/9/12 BUDGET IMPACTS: No city matching funds required. Funding is on a reimbursement basis. INTERAGENCY AGREEMENT BETWEEN KENT POLICE DEPARTMENT & WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the KENT POLICE DEPARTMENT, hereinafter referred to as "AGENCY," and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC." IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for a Law Enforcement Liaison, THEREFORE, IT IS MUTUALLY AGREED THAT WTSC shall provide funding in the amount specified in the COMPENSATION section to establish a Law Enforcement Liaison at the AGENCY to perform the duties and responsibilities outlined in the STATEMENT OF WORK. STATEMENT OF WORK 1. AGENCY, using designated LEL, will solicit law enforcement agencies to participate in the WTSC High Visibility and multi-jurisdictional state wide mobilizations conducted during federal fiscal year 2013. 2. AGENCY, using designated LEL, will increase officer commitment and effectiveness during the state wide High Visibility multi-jurisdictional mobilizations and other to be identified TARGET Zero enforcement activities. 3. AGENCY, using designated LEL, will promote multi-agency task forces. 4, AGENCY, using designated LEL, will assist the WTSC by providing the law enforcement perspective as new programs and projects are developed in pursuit of Target Zero. 5. WTSC will reimburse AGENCY for designated LEL's work as follows: a. Overtime hours worked serving as WTSC's LEL — Reimbursement will be paid at the rate of not more than 1.5 times the officer's hourly rate plus AGENCY's contributions to employee benefits including FICA, Medicare, Worker's Compensation, and unemployment. b. Overtime reimbursement for training hours do not qualify for reimbursement. c. Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by WTSC. d. Equipment may be purchased at the documented hourly rate of the LEL in lieu of overtime. Allowable equipment includes speed measuring devices (radars, lidars) and Portable Breath Tests (PBTs). Prior approval for any equipment purchases must be obtained in writing from WTSC and be accompanied by a completed "LEL Overtime Log" incorporated by reference as Exhibit A. 6. WTSC will provide a training program for the LEL's and will reimburse for travel, and training expenses as needed at the state per diem rate. Page 1 of 11 Interagency Agreement# PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on October 1, 2012 or date of execution, whichever comes later, and remain in effect until September 30, 2013 unless terminated sooner, as provided herein. COMPENSATION AND BILLING PROCEDURE Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined the cost of accomplishing the work described in the Statement of Work will not exceed five thousand dollars ($5,000). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. BILLING PROCEDURE BETWEEN AGENCY AND WTSC AGENCY shall submit invoices for reimbursement and supporting documentation to WTSC monthly using Invoice Voucher, A19-1A Form. A19-1A forms must include the AGENCY's Federal Tax ID Number and an original signature of the agency head, command officer, or contracting officer. Payroll support documents (time accounting forms or reports, etc.) must be attached to ensure reimbursement. Payment to AGENCY for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2013, must be received by WTSC no later than August 15, 2013. Invoices for goods received or services performed between July 1 and September 30, 2013, must be received by WTSC no later than November 15, 2013. Invoices received after the above cutoff dates will not be reimbursed. ACTIVITY REPORTS AGENCY agrees to submit quarterly reports and a final report with regard to this project in the form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B. Final reports are to be detailed and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in the final report will be copies of publications, training reports and any statistical data generated in project execution. The final report is to be submitted to WTSC within 30 days of termination of this Interagency Agreement. CERTIFICATIONS AND ASSURANCES AGENCY certifies and ensures compliance to all of the conditions and provisions provided for in Exhibit C. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Page 2 of 11 Interagency Agreement# Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AGENCY and the State Of Washington. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure of violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17,330, in which event the Governor's process will control. GOVERNANCE Page 3 of 11 Interagency Agreement# This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and Conditions of this agreement; c. Any Amendment executed under this Contract; d. Any Statement of Work executed under this Contract; and e. Any other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. DESIGNATED CONTACT The following named individuals will server as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement: The LEL for AGENCY is: The Contact for WTSC is: Sgt. Robert Constant Edica Esqueda Traffic Unit Program Manager Kent Police Department 621 8'h Avenue SE, Suite 409 220 4'h Ave. S. Olympia, WA 98504-0944 Kent, WA 98032 (360) 725-9886 (253) 856-5882 eesguedapwtsc.wa.gov rconstant(aDkentwa.gov i Page 4 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement. I AGENCY Signature Ken Thomas Printed Name Chief of Police 10/3/12 Title Date > 7 Law Enforcement Liaison Officer Robert Constant Printed Name Sergeant 9128112 Title Date WASHINGTON TRAFFIC SAFETY COMMISION Signature Printed Name Title Date I i I 1 I i i Page 5 of 11 i Interagency Agreement# Exhibit A 011-11i �y F 511A1-F OF VVASI-iJI'iNG I ON �/ �^?ptp € �g t�V �-',; �tl£��G 3 (.) T6"aAF" �.:#C Y.A Fy3 I I,.a C..ddt'I Ai{+S' SION W`1 a` Avenuo: ;f Suffn 400 PO 00x 4M44, Utyrnpla. WasWngion 9)8504-,0944, (3030)7�3-Si97 LEL Overtime Log Agency Total Hours Date Officer Start Time End Time Worked I (printed name) certify under penalty of perjury, the officer(s) listed on this form did work overtime on the dates listed on this form. It is understood the agency of each listed officer will maintain overtime records for each officer in compliance with the agency's records retention policy and these records will be made available for review upon request. Supervisor Date Email Phone Number Page 6 of 11 Interagency Agreement# Exhibit B E,ls W A S H I N G T O N Traffic Sclety C O M M I S S I O N i LEL Quarterly Report j The LEI-quarterly reports provides WTSG with infoYmation that can be used to strengthen the state's overall LEL program: These reports should detail the LEL's actwities for the pr�vlous 3- month period including outreach activities with other law enforcement agengies. The report= may also suggest ways.in which the Commission can further assist fhe-LEL program. . . LEL: Date Submitted: A enc : WTSC Contract Number: Grantee Contract Number (if applicable): Quarterly Report Number: ❑1s' Quarter Report Oct. 1 — Dec. 31 Due on Jan. 15 ❑2"a Quarter Report Jan. 1 —Mar. 31 Due on Apr. 15 ❑3 Quarter Report Apr. 1 —Jun. 30 Due on Jul. 15 ❑4mQuarter Report July 1 —Sept. 30 Due on Oct. 15 1) LEL activities this reporting period: 2) Total hours dedicated to LEL activities this reporting period (include regular-time hours as well as hours billed to WTSC): 3) Problems or obstacles Encountered: 4) Ways in which the WTSC can further assist the LEL program: Page 7 of 11 Interagency Agreement# Exhibit C Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties as indicated, shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Rule, the Office of Management and Budget (OMB) Circular A-102, in order to standardize and simplify federal grants. The signature below of an l authorized representative of the applicant agency certifies and ensures that all the following conditions will be met. 1) Reports—The Contractor shall submit quarterly reports, a final report at end of the project, and submit special reports as outlined in the Project Agreement. Please read Reporting Requirements, following this section. 2) Copyrights Publications and Patents—Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) Termination —This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project, including documentation of all purchases of supplies, equipment, and services; travel expenses; payrolls; and time records of any person employed part-time on this project. Federal, state, or WTSC auditors shall have access to any records of the Contractor. These records shall be retained for three years after the final audit is completed or longer, if necessary, until all questions are resolved. 5) Funding —The Contractor will utilize funds provided to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved in the project agreement. Reimbursement will be made periodically by WTSC based on approved requests for reimbursement. If matching funds are required, the Contractor will expend them from nonfederal sources, which must be spent not later than 30 days following the completion of the project. 6) Cost Principles and Grant Management—The allowability of costs incurred and the management of this project shall be determined in accordance with OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) Obligation Funds— Federal funds may not be obligated prior to the effective date or subsequent to the termination date of the project period. Requests for reimbursement outstanding at the termination date of the project must be made within 30 days or those funds may not be paid. 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes including: changes of substance in project objectives, evaluation, activities, the project Page 8 of 11 Interagency Agreement# manager, key personnel, or project budget. The period of performance of the project, however, cannot be changed. 9) Income— Income earned by the Contractor with respect to the conduct of the project(sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or used to reduce project costs. 10) Buy America Act-The Contractor will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)) which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 11) Purchases— Purchase of equipment or services must comply with state or local regulations. After the end of the project period, equipment should continue to be utilized for traffic safety purposes and cannot be disposed of without written approval of the WTSC. The Contractor shall make and maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to the WTSC. 12) Third Party Participants — No contracts or agreements may be entered into by the Contractor related to this project, which are not incorporated into the project agreement and approved in advance by the WTSC. The Contractor will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of all contracts and agreements entered into by Contractors. Any contract or agreement must allow for the greatest practical competition and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC. 13) Participation by Disadvantaged Business Enterprises—The Contractor agrees to take all necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any subcontracts financed in whole or in part with federal funds. 14) Americans with Disabilities Act— In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 1 and the Americans with Disabilities Act (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27). The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to induce taking affirmative action necessary to accomplish the objectives of this Act and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. 15) Political Activities — No funds, materials, equipment, or services provided in this project agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 16) Certification Regarding Federal Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements. Page 9 of 11 Interagency Agreement# The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, sub-grants, and contracts under grant, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17) Single Audit—State and local governments and nonprofit organizations that receive federal assistance are subject to the audit requirements of OMB Circular A-133. 18) Federal Funding Accountability and Transparency Act The Contractor will report for each grant awarded: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source; • Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding action; • A unique identifier(DUNS); • The names and total compensation of the five most highly compensated officers of the entity if--of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; (i) the entity in the preceding fiscal year received— (1) 80 percent or more of its annual gross revenues in Federal awards; and(II) $25,000,000 or more in annual gross revenues from Federal awards; and(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; Page 10 of 11 Interagency Agreement# • Other relevant information specified by the Office of Management and Budget in subsequent guidance or regulation. 19) Seat Belt Policy— No funds, materials, property, or services will be provided to any political subdivision that does not have a current and actively enforced policy requiring the use of seat belts. 20) Policy to Ban Text Messaging While Driving - Contractors are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving including policies to ban text messaging while driving. 21) Drug Free Workplace— In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug Free Workplace 42 USC 12644, WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantees of the Contractor and/or any such activity is prohibited in the Contractor's workplace. 22) Debarment and Suspension —The applicant certifies, by signature below, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Authorized Applicant Signature Date Printed Name Page 11 of 11 KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: October 16, 2012 SUBJECT: Drug Free Communities Support Program Grant - Accept MOTION: Accept the Drug Free Communities Support Program grant in the amount of $53,639 and amend the budget in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Kent Police Department has received notification of continued funding from the U.S. Department of Health and Human Services Substance Abuse Mental Health Services (SAMHSA) Drug Free Communities Support Program. The grant funds will be used to support the Kent Drug Free Communities Coalition. The award amount for the fifth year of the five-year project is $53,639. EXHIBITS: Grant Award Notification RECOMMENDED BY: Public Safety Committee 10/9/12 BUDGET IMPACTS: The City's required match will be comprised of a time percentage of salaries and benefits for current employees participating in the program, volunteer time at events and in-kind donations. Notice of Award Drug Free Communities Support Program Issue Date: 09/21/2012 Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP014902-05 Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Grantee Address Business Address KENT CITY POLICE DEPARTMENT Kenneth Thomas Kenneth Thomas Business Official Kent Police Department 220 4th Avenue S 220 4th Avenue S Kent, WA 98032 Kent, WA 98032 Budget Period: 09/30/2012—09/29/2013 Project Period: 09/30/2008— 09/29/2013 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $53539 (see"Award Calculation" in Section I and "Terms and Conditions" in Section III)to KENT CITY POLICE DEPARTMENT in support of the above referenced project. This award is pursuant to the authority of the DFC Act 1997 (PL105-20) reauth. PL 107-82, 115 STAT 814 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants"then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. i Acceptance of this award including the"Terms and Conditions"is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. rely yours ��'� O2� �r"�,r .� Virginia Simmons Grants Management Officer Division of Grants Management See additional information below Page-1 SECTION 1—AWARD DATA—5H79SP014902.05 Award Calculation (U.S. Dollars) Salaries and Wages $2,886 Fringe Benefits $ $361 Personnel Costs (Subtotal) Supplies $9,014 Consortium/Contractual Cost $16,955 Travel Costs $10,000 Other $14,423 Direct Cost $53,639 Approved Budget $110,093 Federal Share $53,639 Non-Federal Share $66,454 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $53,639 �. SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 5 $53,639 * Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information. CFDA Number: 93.276 EIN: 1916001254A2 Document Number: H9SP14902A Fiscal Year: 2012 IC CAN Amount SP C96R655 $53,639 SP Administrative Data: PCC: DFC/OC: 4145 SECTION II—PAYMENT/HOTLINE INFORMATION—SH79SP014902-05 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center(PSC), Division of Payment Management(DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support—Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW,Washington, DC 20201. SECTION III—TERMS AND CONDITIONS-5H79SP014902-05 This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the f following: Page-2 a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 74 or 45 CFR Part 92 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs -- ---- — ---- ----' SECTION IV— SP Special Terms and Condition —5H79SP014902-05 REMARKS An unobligated balance (UOB) of funds may be carried over into the current budget period without Grants Management Officer(GMO) prior approval for the following reason: Beginning October 1, 2011, a grantee may carryover previous UOB of funds up to 10% of the total Federal share from the current budget period (the year in which the funds will be needed)without prior approval from the Grants Management Officer(GMO). The intention to carryover up to this threshold must be reflected in the remarks section of the Federal Financial Report (FFR) submitted for the FY2012 budget period. The subsequent FFR must reflect the actual UOB carryover amount in the remarks section. If the amount of carryover exceeds 10%, the Grants Management Specialist(GMS)will notify the grantee that they must return the Federal share over the threshold due to noncompliance and may rescind this authority. However, the grantee may request for approval, a carryover above the 10% threshold, but must submit a detailed budget and narrative justification if the program requires additional funds. The total amount requested and justified must be both the 10% plus the amount requested over that in order to analyze the total unobligated balance of funds budget concept. Please refer to the DFC Grantee Handbook for Roles and Responsibilities of the Grantee, as well as the Federal staff that support the DFC Program. PROGRAM OVERVIEW The Drug Free Communities Support Program (DFC) is a collaborative effort between the Office of National Drug Control Policy (ONDCP) and the Substance Abuse and Mental Health Services Administration (SAMHSA). ONDCP issues grant awards to community coalitions through an interagency agreement with SAMHSA.According to the Drug Free Communities Act of 1997. the purpose of DFC funding is to address two major goals: 1) establish and strengthen collaboration among communities, public and private non-profit agencies, and Federal, State, local and Tribal governments to support the efforts of community coalitions, and 2) reduce substance abuse among youth and, over time, among adults. While responsibility rests with the grantee for achieving the primary goals of the program, SAMHSA shall monitor and provide continuing technical assistance, consultation, and coordination in the execution of the project during the funding period. You can find additional details about the support available to you as a grantee on the program's website at http://www,whitehouse.gov/ondcp/Drug-Free-Communities- Support-Program. In addition to these Terms and Conditions and the applicable statutes and regulations, grantees are bound by the HHS Grants Policy Statement, which can be accessed at www.samhsa.gov/grants and all requirements in the Request for Applications (RFA) for the FY 2012 Drug Free Communities Support Program.All requirements in the FY2012 DFC Request for Applications (RFA) are available at http://www.samhsa.gov/grants/or http://www.samhsa.gov/grants/archives.aspx. go to FY 2012 applications,then SP12-001. Page-3 TERMS AND CONDITIONS OF AWARD Failure to comply with Terms and Conditions may result in a financial drawdown restriction on your Payment Management Account or denial of funding in the future as outlined in the following section. Sub-recipients and contractors under grants are subject to the requirements of the cost principles otherwise applicable to their type of organization and to any requirements placed on them by the recipient to be able to comply with the terms and conditions of the award. Please refer to the DFC Handbook and j the Health and Human Services (HHS) Grants Policy Statement available at http://dhhs.gov/asfr/ogapa/grantinformation/hhsgpsl07.pdf for detailed information. PROGRESSIVE DISCIPLINE AND APPEALS PROCESS If for any reason you do not comply with the applicable terms, conditions, rules and regulations for the DFC program, your grant will be subject to the Progressive Discipline and Appeals Process developed by ONDCP and SAMHSA. There are three progressive discipline actions that can be taken: 1) High Risk status, 2) Suspension, and 3)Termination. Failure to comply with special Terms and Conditions if applicable may result in a financial drawdown restriction on your Payment Management Account or denial of funding in the future. An overview of this plan and the complete explanation and procedures are posted on the Drug Free Communities Program website at t http://www.whitehouse.gov/ondcp/information-for-current-grantees or can be linked through http:/lwww.samhsa.gov/Grants/management.aspx. ROLE AND RESPONSIBILITIES OF THE GRANTEE For the purposes of the DFC Program, a"grantee" is either a coalition that has received a grant or is an outside agent that is serving as the grantee on behalf of a community coalition. The following Statutory Eligibility Requirements must be met each year while the coalition is funded by the DFC Program. Failure to meet one of these requirements is considered non-compliance with grant regulations (see Progressive Discipline and Appeals Process). Statutory Eligibility Requirements for DFC-funded coalitions (if you are the grantee for a separate coalition, you are still responsible for ensuring all eligibility criteria are met by the coalition): The coalition must have at least one representative from the required 12 sectors, as outlined in the RFA and the Drug Free Communities Act of 1997; The coalition must maintain meeting minutes that demonstrates it is a unique entity that has substantial involvement from its members and is working toward to the two goals of the DFC program; The coalition must address multiple (more than one) drugs in its annual Strategic/Action Plans for each year of funding; The coalition must have as its principal mission the reduction of youth substance use; The coalition has not received 10 years of DFC funding; and The coalition must capture and provide specific data as required by the DFC National Evaluation. Statutory Eligibility Requirements for all DFC Grantees (coalitions or outside agents): The grantee must be an entity eligible to receive Federal funds; The grantee must not request more than$125,000 per year; The grantee must document the level of non-Federal match defined in the DFC Act; and The grantee can only be awarded one DFC grant at a time. Other Requirements for All DFC Grantees (coalitions or outside agents): * The grantee must continue implementing the specific goals and objectives outlined in their approved application for DFC funding. The grantee must develop a funding plan that ensures (1) the required match of requested Federal funds and (2) to solicit substantial financial support from non- Federal sources for sustainability purposes. Page-4 The lead paid staff(Program/Project Director)of the DFC-funded coalition must participate in The DFC Workstation (www.drugfreecommunities.org), so that he/she receives information from the DFC Staff on a timely basis (see Special term number 8 below for more details).The grantee must use the Strategic Prevention Framework(SPF), a five step evidence based process for community planning and decision making. The grantee must plan and implement the appropriate environmental strategies as part of their Strategic and Action Plans. Requirements for Grantees in Year 3 and 7: The coalition must submit via email a Sustainability Plan to the Government Project Officerwithin 60 days of the start of years 3 and 7 of DFC funding. RESTRICTIONS ON GRANTEE LOBBYING (c) Title 18> Part I > Chapter 93 > Section 1913: No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation,whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352 (a) of title 31. SPECIAL TERMS OF AWARD 1. The grantee must budget for two people to attend a two-day training that may be called at some point during the fiscal year by ONDCP. Should this training be called, ONDCP will provide guidelines on the positions and/or participants who should attend through the CSAP (Center for Substance Abuse Prevention) GPO (Grant Project Officer) and via the DFC Workstation. If ONDCP chooses not to hold such a meeting during the fiscal year, the grantee will be allowed to reallocate the funds in this line item with the approval of their GPO and GMO (Grant Management Officer). 2. The grantee must receive and expend non-Federal matching funds as required in the Program Announcement and the Drug Free Communities Act. In-kind support (i.e., donations, volunteer time, etc.) may also be used to satisfy the match requirement. 3. The grantee must comply with the DFC National Evaluation requirements. ONDCP requires all grantees to collect data specific to the geographic area designated in the approved application. The data collection size must be sufficient to provide an accurate and meaningful statistical representation of the people being surveyed in each of the geographical areas served by the coalition. The grantee is responsible for providing these data on or before the deadline established for each reporting period as highlighted on the program website at http://www,whitehouse.gov/ondcp/drug-free-communities-support- program. Failure to meet established deadlines could result in the GPO placing the grantee on High-Risk status, which could lead to an eventual suspension or termination of the grant for failure to comply with reporting requirements. ONDCP reserves the right to change measures for effective and meaningful evaluation of the program. The following data must be collected every two years on alcohol, tobacco, marijuana and prescription drugs for three grades (6th-12th;with a combination of odd or even years capturing two high school grades): 1. 30-day use 2. Perception of risk or harm 3. Perception of parental disapproval of use Page-5 4. Perception of peer disapproval of use 4. When requested, the grantee must develop a corrective action plan and complete the approved plan within the designated timeframe. The corrective action plan must be designed to address identified deficiencies in performance and/or in the conditions contributing or causing the identified unsatisfactory performance. 5. Grantees are required to adhere to all the sections of the Roles and Responsibilities of Grantees, as outlined in earlier sections of the Notice of Award and can be found at http://www.samhsa,gov. 6. The grantee must continue to meet the Statutory Eligibility Requirements, as required by the original Request for Applications and the Drug Free Communities Act each year of funding. 7. Requests to carryover funds from one fiscal year to another are due to the GMS by the first Monday in February.All such requests must include a copy of the coalition meeting minutes showing coalition approval of the request. 8. The lead paid staff(Program/Project Director) of the DFC-funded coalition must participate in the DFC Workstation (http://www.drugfreecommunities.org), so that he/she receives information from the DFC Staff on a regular basis. This includes submitting the lead paid staff's contact information, as well as the contact information of one member from each of the required 12 sectors. The lead paid staff should discuss the use of the DFC Workstation with sector members chosen to represent each sector, so that they understand their role in distribution of information sent to them. Information sent to specific sectors will always be sent to the lead paid staff. The lead paid staff must participate in the quarterly update of contact information in The DFC Workstation. Lead paid staff will receive an email from The DFC Workstation indicating the update needs to be completed and the deadline for doing so. 9. Grantees must maintain a current account with the Central Contracting Registry (CCR)that is updated yearly. Additional information on CCR and the registration process is available at http://www.ccr.gov. STANDARD TERMS OF AWARD 1)This grant is subject to the terms and conditions, included directly, or incorporated by reference on the Notice of Award (NOA). Refer to the order of precedence in Section III (Terms and Conditions) on the NOA and this can also be found at http:/Iwww.samhsa.gov. 2)The grantee organization is legally and financially responsible for all aspects of this grant, including funds provided to sub-recipients. 3) Grant funds cannot be used to supplant current funding of existing activities. Under the HHS Grants Policy Directives, 1.02 General--Definition: Supplant is to replace funding of a recipient's existing program with funds from a Federal grant. I 4) The recommended future support as indicated on the NOA reflects TOTAL costs (direct plus indirect). Funding is subject to the availability of Federal funds, the demonstration of matching funds, and acceptable documentation of the progress of the grant. 5)Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR 2) are applicable to any information about alcohol and other drug abuse patients obtained by a program (42 CFR 2.11) if the program is Federally-assisted in any manner(42 CFR 2.12b). Accordingly, all project patient records are confidential and may be disclosed and used only in accordance with (42 CFR 2). The grantee is responsible for assuring compliance with these regulations and principles, including responsibility for assuring the security and confidentiality of all electronically transmitted patient material. 6)Accounting Records and Disclosure: Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or sub-grant awards and authorizations, obligations, Page-6 unobligated balances, assets, liabilities, outlays or expenditures, and income. The awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may conduct a financial compliance audit and on-site program review of grants with significant amounts of Federal funding. Please reference the Reporting Requirements section for Audit Requirements. 7) Per(45 CFR 74.36 and 45 CFR 92.34) and the HHS Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to a royalty-free, non-exclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for Federal Government purposes. Income earned from any copyrightable work developed under this grant must be used as program income. 8)A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register on May 16, 1997. This initiative is designed to facilitate and encourage grantees and their sub- recipients to hire welfare recipients and to provide additional needed training and/or mentoring as needed. The text of the notice is available electronically on the OMB home page at http://www.whitehouse.gov/omb/fedreg/omb-not.html. 9) Program income accrued under the award must be accounted for in accordance with (45 CFR 74.24) or(45 CFR 92.25) as applicable. Program income must be reported on the Federal Financial Report, Standard Form 425. Program income accrued under this award may be used in accordance with the additional costs alternative described in (45 CFR 74.24(b)(1)) or(46 CFR 92.25(g)(2)) as applicable. Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable OMB Circulars A-102 (Grants and Cooperative Agreements with State and Local Governments) and A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations). 10)Actions that require prior approval must be submitted in writing to the Grants Management Officer (GMO), SAMHSA. The request must bear the signature of an authorized business official of the grantee organization, as well as the project director.Approval of the request may only be granted by the GMO and will be in writing. No other written or oral approval should be accepted and will not be binding on SAMHSA. Post-award requirements and instructions may be found at www.samhsa.gov. Click on "grants", then "grants management". 11)Any replacement of or substantial reduction in effort of the Program Director(PD)or other key staff of the grantee or any of the sub-recipients requires the written prior approval of the GMO. The GMO must approve the selection of the PD or other key personnel if the individual being nominated for the position had not been named in the approved application. If a replacement is needed should the incumbent step down or be unable to execute the position's responsibilities.A resume for the individual(s) being nominated must be included with the request. Key staff(or key staff positions, if staff have not been selected) are listed below: Stacy Judd, Project Director @ 80% level of effort Sara Wood, Project Coordinator @ 90% level of effort 12) Refer to the NOA under Section II (Payment/Hotline Information) regarding the Payment Management System and the HHS Inspector General's Hotline concerning fraud, waste or abuse. 13)As the grantee organization, you acknowledge acceptance of the grant terms and conditions by drawing or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable. 14) No HHS funds may be paid as profit(fees) per(45 CFR Parts 74.81 and 92.22(2)). 15) Restrictions on grantee lobbying (Appropriations Act Section 503). (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to Page-7 support or defeat legislation pending before the Congress, except in presentation to the Congress itself or any State legislature. (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. 16)Where a conference is funded by a grant or cooperative agreement the recipient must include the following statement on all conference materials (including promotional materials, agenda, and Internet sites): Funding for this conference was made possible (in part) by (insert grant or cooperative agreement award number)from ONDCP and SAMHSA. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Office of National Drug Control Policy or the Department of Health and Human Services; nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government. 17)This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000. as amended (22 U.S.C. 7104). For the full text of the award term, go to http://samhsa.gov/grants/trafficking.aspx. 18) Grantees must comply with the requirements of the National Historical Preservation Act and EO 13287, Preserve America. The HHS Grants Policy Statement provides clarification and uniform guidance regarding preservation issues and requirements (pages 1-20, Preservation of Cultural and Historical Resources). Questions concerning historical preservation, please contact SAMHSA's Office of Program Services, Building, Logistics and Telecommunications Branch at 240-276-1001. 19) Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. Accordingly, all grantees that electronically exchange patient level health information to external entities where national standards exist must: Use recognized health information interoperability standards at the time of any HIT system update, acquisition, or implementation, in all relevant information technology systems supported, in whole or in part,through this agreement/contract. Please consult http://www,hhs.gov/healthit for more information, and Use Electronic Health Record systems (EHRs)that are certified by agencies authorized by the Office of the National Coordinator for Health Information Technology (ONG), or that will be certified during the life of the grant. For additional information contact: Jim Kretz at 240-276-1755 or Jim.Kretz@samhsa.hhs.gov; Richard Thoreson at 240-276-2827 or Rich ard.Thoreson@samhsa.hhs.gov; or Ken Salyards at 240-276-2003 or Kenneth.Salyards@samhsa.hhs.gov. 20) If Federal funds are used by the grantee to attend a meeting, conference, etc. and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be reduced by the allotted meal cost(s). 21) By signing the standard form (SF)424 application face page in Item#21, the Authorized Representative (AR) certifies (1)to the statements contained in the list of certifications*and (2) provides the required assurances*and checking the I AGREE box provides SAMHSA with the AR's agreement of compliance. It is not necessary to submit signed copies of these documents, but should be retained for your records. 22) The Division of Grants Management created a Public Assistance (P)Account in the Division of Payment Management's (DPM) payment management system to provide a separate accounting of Federal funds per SAMHSA grant. When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I -AWARD DATA, Fiscal Information. Page-8 'The documents are available on the SAMHSA website at http://www.samhsa.gov/Grants/apply.aspx or contained within the Request for Applications (RFA). REPORTING REQUIREMENTS All reporting requirements in the original NOA remain in effect with the following requirements below being included: 1) Semi-Annual Reports: The DFC Semi-Annual Progress Reports are completed twice a year in August and February. For FY2012, grantees will input their progress report on Monday. February 11, 2013 and Monday, August 12, 2013. DFC grantees are NOT required to report the core measures during every reporting period. It is the responsibility of the grantee to know when core measure data is required and to enter it at the proper time (every two years starting with baseline collection year). For more information, contact your GPO or the DFC National Evaluation Team at dfc_evaluators@icfi.com. 2)Annual Coalition Classification Tool: The annual Coalition Classification Tool (CCT) is due Monday,August 12, 2013. 3) Federal Financial Report (FFR), (Standard Form 425) is required on an annual basis and must be submitted for each budget period. The annual FFR for budget period 9/30/12 -9/29/13 is due Thursday, January 30, 2014. The FFR is required for each 12-month period, regardless of the overall length of the approved extension period authorized by SAMHSA. In addition, a final FFR is due within 90 days after the end of the extension. NOTE: Single grant reporting is required for each SAMHSA project as stated on the FFR (#10 d-o). Include the required match on this form under Recipient Share (#10 i-k) and Program Income (1-o) in order for SAMHSA to determine whether matching is being provided and the rate of expenditure is appropriate. Adjustments to the award amount, if necessary, will be made if the grantee fails to meet the match. The FFR must be prepared on a cumulative basis and all program income must be reported. The status of any Federal share of unliquidated obligations for each 12 month budget period must be explained in the remarks section (#12). In addition, your intention to carryover the unobligated balance of funds up to 10% of the current Federal share must be stated in the remarks section. Subsequent FFRs must reflect the actual carryover amount. If possible, disbursements reported on the FFR should equal/or agree with the top portion of the FFR (#10 a-c). The FFR may be accessed from the following website at http://www.whitehouse.gov/omb/grants_forms including instructions. The data can be entered directly on th the form and the system will calculate e figures, then it can be printed and mailed to this office. 4)The grantee must comply with the Government Performance and Results Act (GPRA) requirements that include the collection and periodic reporting of performance data as specified in the RFA or by the Project Officer. This information is needed in order to comply with PL 102-62 which requires that SAMHSA report evaluation data to ensure the effectiveness and efficiency of its programs. 5)Audit requirements for Federal award recipients are detailed at: http://www.whitehouse,gov/sites/default/files/omb/assets/al33/al33_p revised 2007.pdf. Specifically, non- Federal entities that expend a total of$500,000 or more in Federal awards, during each Fiscal Year, are required to have an audit completed in accordance with OMB Circular A-133. The Circular defines Federal awards as Federal financial assistance (grants)and Federal cost-reimbursement (contracts) received both directly from a Federal awarding agency as well as indirectly from a pass-through entity and requires entities submit, to the Federal Audit Clearinghouse (FAC), a completed Data Collection Form (SF-SAC) along with the Audit Report,within the earlier of 30 days after receipt of the report or nine months after the fiscal year end. Page-9 The Data Collection Forms and Audit Reports MUST be submitted to the FAC electronically at: http://harvester.census.gov/fac/collect/ddeindex.html. For questions and information concerning the submission process, please visit http://harvester.census.gov/sac or call the FAC 1-800-253-0696. 6)The Quarterly Federal Financial Report (FFR) (Standard Form 425)/Federal Cash Transaction Report (FCTR) is due 30 days after the end of each fiscal quarter. Grant recipients are required to file quarterly cash transaction reports via the Payment Management System FFR subsystem. Information pertaining to the Quarterly Federal Financial Report (FCTR) including due dates, instruction manuals and access can be accessed via: http://www.dpm.psc.gov/ Failure to comply with the above stated terms and conditions may result in suspension, classification as High Risk status, termination of this award or denial of funding in the future. INDIRECT COSTS If the grantee chooses to establish an indirect cost rate agreement, it is required to submit an indirect cost rate proposal to the appropriate office within 90 days from the start date of the project period. For additional information, please refer to HHS Grants Policy Statement Section I, pages 23-24. SAMHSA will not accept a research indirect cost rate. The grantee must use other-sponsored program rate or lowest rate available. Please contact the appropriate office of the Division of Cost Allocation to begin the process for establishing an indirect cost rate. To find a list of HHS Division of Cost Allocation Regional Offices, go to the SAMHSA website www.samhsa.gov, thenand then click on"grants', and then "grants management', then "important offices". Failure to comply with the above stated Terms and Conditions and reporting requirements may result in suspension, classification as High-Risk, termination of this award or denial of funding in the future. CONTACTS All responses to special Terms and Conditions of award and post-award requests must be mailed to the Division of Grants Management, Office of Financial Resources(OFR) SAMHSA below. For Regular Delivery: For Overnight or Direct Delivery: Division of Grants Management Division of Grants Management OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 CLOSEOUT This grant is in the final budget period of the project. Unless a no-cost extension has been requested and approved, grant closeout documents must be submitted within 90 days of the end of the current 12-month budget period and again at the end of a no-cost extension. Requirements and documents required are as follows: 1) The Federal Financial Report(FFR), Standard Form 425 is required on an annual basis and must be submitted for each 12 month period, regardless of the overall length of the approved extension period authorized by SAMHSA. NOTE: Single Grant Reporting is required for each SAMHSA project as stated in the FFR (10 d-o). Page-10 In addition, a final FFR is due within 90 days after the end of the extension with no unliquidated obligations. Include the required match on this form under recipient share(10 i-k). The FFR must agree with the top portion of the FFR (#10 a-c) as filed with the Division of Payment. The FFR may be accessed from the following website at http://www.whitehouse.gov/omb/grants_forms including instructions. The data can be entered directly on the form and the system will calculate the figures, then print and mail to this office. 2) Grantee must complete final progress report in the Coalition Online Management and Evaluation Tool (COMET)for grant reporting period ending September 30, 2013. 3) If your organization has tangible personal property(equipment and supplies in excess of$5.000) you must complete the Tangible Personal Property Reports. The following closeout forms can be downloaded from the OMB website at http://www.whitehouse.gov/omb/grants_forms: Tangible Personal Property Report, Standard Form-428; Final Report, Standard Form-428-B; Disposition Request Report, Standard Form-428-C; and Supplemental Sheet Standard Form-428-S According to 45 CFR 74.34(g) or 45 CFR 92.32(e), if acquired equipment with acquisition cost of$5,000 or more, the first preference for its use is another SAMHSA project, second preference for its use is another HHS project and third preference for its use is another Federal project. If these preferences cannot be met once the equipment has been sold, the sale amount must be returned to SAMHSA. Provide all information about the equipment in a separate letter signed by the authorized representative transferring the equipment and signed by the grantee's authorized representative accepting the equipment, include the date of disposal and sale price or the method used to determine current fair market value, and compensate SAMHSA for it share by mailing a check payable to the Department of Health and Human Services to the following address: Dan Spears Financial Advisory Services Officer Office of Financial Resources Division of Grants Management 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 SAMHSA will provide written approval or disapproval of your request for disposition of property/supplies in excess of$5,000 in total value. All forms should be mailed to the address listed at the end of this letter. 3)A Final Progress Report typed on plain white paper which should include, at a minimum, the grant number, a summarization of progress toward the achievement of the originally stated aims, a list of results (positive or negative) considered significant, and a list of publications resulting from the project as well as plans for the future publications. An original and one copy are required. Please send all final documentation to the following address: Closeout, Division of Grants Management Office of Financial Resources SAMHSA 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Barbara Howes, Program Official r� Phone: (240)276-2547 Email: barbara.howes@samhsa.hhs.gov /-Erwin Morales, Grants Specialist `✓� Phone: (240)276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240)276-1430 Page-11 OMB Number:4040-0004 Expiration Dale:01 n1/2009 Application for Federal Assistance SF-424 Version 02 1.Type of Submission: *2.Type of Application: *If Revision,,select appropriate letter(s): ❑Preapplication ❑New I ❑J Application ❑✓ Continuation *Other(Specify) . ❑Changed/Corrected Application ✓❑Revision *3.Date Received 4.Applicant Identifier 5a Federal Entity Identifer '51b,Federal Award Identifier: I5H79SP014902-04 State Use Only: B. Date Received by Stale: 7.State Application Identifier '.. B.APPLICANT INFORMATION '.. *a. Legal Name KKent City Police Department *b Employe9axpayer Identification Number(EI!nl N): c.Organrzation"DUNS: 1916001254 I02025613 d.Address *Streets I220 4th Avenue South Kent *city: County: King *State: IWA Province: *Country: IUSA *Zip/Postal Code I98032 e.Organizational Unit D"artment Name: Division Name Kent Police Department j Support I.Name and contact Information of person to be contacted on matters Involving this application: Prefix: I *First Name: [Stacy Middle Name: .._.__ _ ._. .. .,...... .. . . . _..._. ........... *Last Name: (Judd Suffix: Title: Program Director/PU 1.bIIC Education Specialist Organizational Affllallon: ICity of Kent Police Department *Telephone Number:I253-856-5883 Fax Number: 1253-856-6802 . _._. ...................... .._... _..._ . Email: I s)udd@kentwa.gov * I Previous EdWons Not Usable Standard Form 424(Rev.10-2005) Aulhonzed for Local Reproduction Prescribed by OMB Circular A-102 OMB Number:404D 0004 Expiration Date:01131/2009 Application for Federal Assistance SF-424 Version 02 1.Type of Submission: ^2.Type of Application: If Revision,,select appropriate let er(s): ❑Preappiicatlon ❑New I ❑✓ Application ❑✓ Continuation *Other(Specify) '.. ❑Changed/Corrected Application ❑Revision i 3 Date Received 4.Applicant Identifier: 5a.Federal Entity Identifier,. `5b.Federal Award Identifier: J` - �5H79SP014902-04 State Use Only: 6. Dale Received by State: i 7.State Application Identifier B.APPLICANT INFORMATION 'a. Legal Name (Kent City Police Department b EmployerlTaxpayer Idenhfication,Number(EIN/iIN? *c.O2u361t3n DUNS III 916001265 mza d.Address •streetl: 1220 4th Avenue South ` Street2: ,.. *City: (Kent ICounty: KIng ' *State: TWA Province: 'Country: USA 'Zip/Postal code 1198032 e.Organizational Unit Department_Name Division Name ,Kent Police Department Support i f.Name and contact Information of person to be contacted on matters Involving this application: Prefix: *First Name Stacy Middle Name:, IJudd *Last Name: Suffix: Program TrtIe.I Diract E or/Public ducation Specialist Y. -.. '. Organizational Affiliation: Kent Police Department - I 'Telephone Number 1253-856 5883 Fax Number: 253-856-6802 *Email* sjudd@kentwa gov Previous Edilims Not Usable Standard Form 424(Rev.10-2005) Authorized for local Repraduclion Prescribed by OMB Circular A-102 OMB Number:4040-0004 Expiration Date:0 1/3112009 Application for Federal Assistance SF-424 Version 02 9.Type of Applicant 1:,sela,et.Applicant Type; C: city or township government q e Typ ��Applicant2 SelectApiplicant Type: ......_ I-N/A Type-of Applicant 3:Select Applicant Type:,. *,P!h.e,-i;s pe clily)...... 10. Name of Federal Agency: Substance Abuse and ileriia-1-Health Services Administration 11.Catalog of Federal Domestic Assistance Number 93.276 CFDA Title: Drug Free Community Support Pro grabT Grants 12 Funding Opportunity NuuRper; *Title: S�kPMSA'bFb Continuation—Grants - Number : I' Title; ..................L.......................... 14.Areas Affected by Project(cithos,counties States South King county, primarily in City of Kent 1,5. Descriptive Title of Applicant's Project: Kent Drug Free Coalition Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 Version 021 Previous Edition.Not Usable Standard Form 424(Rev.10-2005) Authorized for Local Reproduction Prescribed by OMB Circular A 102 Application for Federal Assistance SF-424 16.Congressional Districts Of: `a.Applicant 1 b.Program/Project Attach an additional list of Program/Project Congressional Districts if needed, Add Attachment ': Ih IM: lttt.kilo i nll Y/li ,v ,1tsr.lmu�it ' 17.Proposed Project: 'a. Start Date: 06/3O/2 D 12 *b.End Date: 09/29/2013 18.Estimated Funding($): *a. Federal *b.Applicant 56,454.Do *c.State D o D *d.Local `e.Other E D.00 *f. Program Income D.Do `g.TOTAL I 110,093.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? 11 a.This application was made available to the Stale under the Executive Order 12372 Process for review on �. ❑X b.Program Is subject to E.O.12372 but has not been selected by the State for review. ❑ c.Program is not covered by E.O.12372. *20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.) ❑Yes ❑K No If"Yes",provide explanation and attach Art l rytla�iwiu if Dr kac Fd.lihn cut VIC,. 'rJ irfmeilr 21.*By signing this application,I certify (1)to the statements contained In the list of certifications"and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award.i am aware that any false,fictitious,orfraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) ❑K —"I AGREE ',. **The list of certifications and assurances, or an internal site where you may obtain this list is contained in the announcement or agency specific instructions. '.. Authorized Representative: Prefix: *First Name: suzette Middle Name: 'Last Name: Cooke Suffix: '. 'Title: Mayor *Telephone Number: Fax Number: 253F- - 700 'Email: seockewkentwa.gov 'Signature of Authorized Representative: compleled by cranls.9ov upon submission. "Date Signed: Co,npleled by Gwrts.yov upon submissmn. Drug Free Communities Support Program (DFC) Continuation Application f Eligibility Certification Checklist In accordance with the criteria set forth in the Drag Free Couununities Act, 1997(Public Law 105-20) and subsequent j reauthorization,.coalitions funded through the DFC Program must demonstrate that the coalition continues to meet the statutory eligibility requirements annually as part of the grant renewal or continuation process. Coalitions who do not continue to meet the statutory eligibility requirements may be placed on a High Risk restriction and may be required to submit supporting documentation regarding the eligibility requirements. Failure to meet eligibility . requirements may result in loss of continued grant funding(for more information visit the program's website at http://www whitehoi se,gov/ondcp/infonnation-for-ciurent-grantees. The coalition is required to ccmplete this Eligibility Certification Checklist_as_part o�the annual grant renewal process.._The._ .. .. i Authorized Representative for the coalition should initial next to each numbered item below and check whether or'not the coalition is still in compliance with each eligibility requirement. If the Coalition is not in compliance with a given element, an explanation should be documented as to why the coalition is not currently in compliance and what the coalition plans to do to achieve the requirement within the next 90 days. - I Initials Yes No - C 1. The coalition has submitted a continuation(renewal)grant application. 2. The co limolition has one th morem he DFC Acts of the 12 required sectors of a C ..{ 3.. The coalition has been nr exislarce for at(cast 6 months,wiJr suhslantle] invol,veniertt Kum vafunteer leaders m members. 4. The coalition has as its principal mission the reduction of substance abuse in a comprehensive and long-lemi manner,with a primary focus on youth in the community and strategies to achieve the mission.. 5. The coalition can be sustained as an ongoing concern with non-Federal financial support. 6. The coalition has established a system to collect and report the DFC program's required measures: (1)substance use in the past 30 days; (2)perception of risk;(3)perception of peer substance use; and(4) perception of disapproval of use by parents. These measures are collected in three grades at the middle school and high - school levels(i.e.,grades 6-12) on four substances: alcohol, tobacco,marijuana,and prescription drugs. In keeping with the FY2011 Terms and conditions and future reporting projections,grantees.who can comply with the new measures please provide those measures in your next COMET data entry. Itis expected that all grantees will be in full compliance by the hebruary 2013 CO_ NIM' data entry. Should you require, assistance, you Wray seek help from ICF at dfc evaluatorsOic1i coin. If an item above is checked"NO",an explanation should be provided in the space below to document what the reason is that the coalition does not currently meet this requirement and what corrective action will the coalition undertake to become fully compliant within the next 90 days. I hereby acknowledge that the above statements are true and can be verified with supporting documentation upon request. Grants P# Q e Project Officer Name: Grants Man ,ent Specialist Na � Or �S Author ed�@p esentative ,i ate 1' Page 10 W," Agenda Item: Consent Calendar - 7F TO: City Council DATE: October 16, 2012 SUBJECT: STOP Act grant, Substance Abuse Mental Health Services - Accept MOTION: Accept the STOP Act grant in the amount of $48,258 and establish the budget in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Kent Police Department has been awarded the STOP Act grant through the U.S. Department of Health and Human Services Substance Abuse Mental Health Services (SAMHSA). The grant supplements our Drug Free Communities grant and focuses specifically on preventing underage drinking. The award is $48,258 each year for four years for a total of $193,032. This is the first year of the four year grant period with an annual application required. EXHIBITS: Grant Award Notification RECOMMENDED BY: Public Safety Committee 10/9/12 BUDGET IMPACTS: No city match required. Notice of Award STOP Act Issue Date: 0 812 7/2 0 1 2 J/ Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention i Grant Number: 1H79SP019035-01 Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Reducing Underage Drinking Project Grantee Address Business Address KENT CITY POLICE DEPARTMENT Kenneth Thomas Kenneth Thomas Chief of Police Chief of Police Kent Police Department Kent Police Department 220 4th Avenue S 220 4th Avenue S Kent, WA 98032 Kent, WA 98032 Budget Period: 09/30/2012—09/29/2013 Project Period: 09/30/2012—09/29/2016 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $48,258 (see"Award Calculation"in Section I and"Terms and Conditions' in Section III)to KENT CITY POLICE DEPARTMENT in support of the above referenced project. This award is pursuant to the authority of PHS Act (42 U.S.C. 290bb-25b) Section 5198 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www samhsa aov_(click on "Grants"then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the 'Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, ours, Virginia S+ Grants Management Officer Division of Grants Management See additional information below Page-1 SECTION 1—AWARD DATA— 1H79SP019035-01 Award Calculation (U.S. Dollars) Salaries and Wages $5,297 Fringe Benefits $785 Personnel Costs (Subtotal) $6,082 Supplies $3,052 Consortium/Contractual Cost $25,496 Travel Costs $4,985 Other $8,643 Direct Cost $48,258 Approved Budget $48,258 Federal Share $48,268 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $48,258 I SUMMARY TOTALS FOR ALL YEARS YR AMOUNT 1 $48,258 2 $48,258 3 $48,258 4 $48,258 "Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93.243 EIN: 1916001254A2 Document Number: 12SPI9035A Fiscal Year: 2012 IC CAN Amount SP C96P119 $48,258 SP Administrative Data: PCC: DFC-STOP 1 OC: 4145 SECTION II— PAYMENTIHOTLINE INFORMATION —1H79SP019035-01 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center(PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support—Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services,Attn: HOTLINE, 330 Independence Ave„ SW,Washington, DC 20201. SECTION III—TERMS AND CONDITIONS—1H79SP019035.01 Page-2 This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 74 or 45 CFR Part 92 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs SECTION IV— SP Special Terms and Condition—1 H79SP0l9035-01 REMARKS DUE TO THE AVAILABILITY OF FUNDING, THE STOP ACT PROGRAM GRANT HAS BEEN REDUCED FROM $50,000 TO $48,258. THE OTHER CATEGORY HAS BEEN REDUCED TO $8.643. SPECIAL CONDITION(S) OF AWARD NONE SPECIAL TERM(S) OF AWARD Failure to comply with special terms and conditions may result in a drawdown restriction on your Payment Management Account or denial of funding in the future. No more than 20% of the total grant award may be used for data collection, performance measurement, and performance assessment. Not more than 6% of the total award may be expended for administrative expenses. 1)Grantee must use funds to prevent and reduce alcohol use among youth age 12-20 in their community of focus. Funds may not be used for other program areas. 2) Grantee must use the Strategic Prevention Framework (SPF), a five step model aimed at ensuring delivery of evidence-based processes, programs and initiatives for community planning and decision- making. This five step model includes: needs assessment, capacity building, planning, implementation and evaluation. 3) Grantee must implement the approved and funded application in a comprehensive manner consist with the STOP ACT Grant program guidance which is supported by approaches emphasized in the 2007 Surgeon General's Call to Action to Prevent and Reduce Underage Drinking located online at: http://www,surgeongeneral.gov/library/calls/index,html. And other referenced reports and materials therein. 4) Grantee must emphasize effective models, practices, and strategies, including but not limited to environmental strategies for preventing and reducing underage drinking that incorporate prevention efforts aimed at changing or influencing community conditions, standards, institutions, structures, systems and policies. 5) Grantee must be a current or former Drug Free Community (DFC) grantee. Page-3 6) Grantee must collect, on a biennial basis (every two years), the fallowing data on youth consistent with the geographic area served by the coalition: (1) Past 30-day use(alcohol only); (2) Perception of risk or harm (alcohol only) (3) Perception of parental disapproval of use(alcohol); and (4)Attitude toward peer use (alcohol only). The grantee must report on youth in at least three grades. The size of the data collection must be sufficient to provide an accurate and meaningful statistical representation of the geographic area served by the coalition. The grantee is responsible for successfully providing that data on or before the deadline established for each reporting period. Additionally, grantee must collect and report any other measures, information, documentation and/or data that SAMHSA may request during the grant program period. 7) Grantee must enhance, not supplant, effective local community initiatives for preventing and reducing alcohol use among youth. For current Drug Free Community (DFC) grantees, STOP ACT funds cannot be used to supplant or replace activities that are presently being supported by DFC funds. 8) Grantee must participate in recommended training and technical assistance to correct or improve identified deficiencies in performance and/or conditions contributing or causing the unsatisfactory performance. 9)When requested, grantee must develop a corrective action plan and complete approved plan within the designated timeframe to correct or improve identified deficiencies in performance. 10) Grantee must provide the Government Project Officer(GPO) and SAMHSA Publications Clearance Officer with: 1. advance copies of grantee produced publications, 2. should include acknowledgement of the SAMHSA grant program as the source of funding for the project and 3. Include a disclaimer stating that the views and opinions contained in the publication do not necessarily reflect those of SAMHSA or the U.S. Department of Health and Human Services, and should not be construed as such. STANDARD TERMS OF AWARD 1) Grantees must adhere to all applicable requirements of the Fiscal Year 2012 Consolidated Appropriations Act provisions in PL 112-74 for the Department of Labor, Health and Human Services, and Education and the Department of Interior and Related Agencies and from the Consolidated and Further Continuing Appropriations Act, Fiscal Year 2012, Public Law 112-55 for the United States Department of Agriculture, and Related Agencies on the SAMHSA website at http://www.samhsa.gov/Grants/management.aspx and reference#4 under Important Reminders. 2) This grant is subject to the terms and conditions, included directly, or incorporated by reference on the Notice of Award (NOA). Refer to the order of precedence in Section III (Terms and Conditions) on the NoA and can be found at http://www,samhsa.gov/Grants/management.aspx . 3)The grantee organization is legally and financially responsible for all aspects of this grant, including funds provided to sub-recipients. 4)The Department of Health and Human Services' (HHS), Office of General Counsel (OGG) has provided guidance on how the lobbying restrictions in the Fiscal Year 2012 Consolidated Appropriations Act (CAA, 2012)will affect HHS programs. Section 503 of the Labor, HHS, and Education Appropriation Act (Division F of the CAA, 2012) is the most comprehensive provision focused on lobbying restrictions. Recent changes to this section may have implications for SAMHSA and its grantees. Using the language provided by OGG, this provides specific guidance on: agency actions; grantee lobbying; tax increases and other restrictions on legal consumer products; and clarification of Internal Revenue Code provisions. SEC. 503. -Agency Actions (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or Page-4 i defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. Section 503(b) -Grantee and Contractor Lobbying (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c)The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 5) Grant funds cannot be used to supplant current funding of existing activities. Under the HHS Grants Policy Directives, 1.02 General -- Definition: Supplant is to replace funding of a recipient's existing program with funds from a Federal grant. 6)The recommended future support as indicated on the NoA reflects TOTAL costs (direct plus indirect). Funding is subject to the availability of Federal funds, and that matching funds, (if applicable), is verifiable, progress of the grant is documented and acceptable. 7) For FY 2012, the Consolidated Appropriations Act, 2012 (Public Law 112-74) signed into law on December 23, 2011, restricts the amount of direct salary to Executive Level II of the Federal Executive Pay scale. The Executive Level 11 salary is$179,700 annually. 8)"Confidentiality of Alcohol and Drug Abuse Patient Records" regulations (42 CFR 2) are applicable to any information about alcohol and other drug abuse patients obtained by a"program" (42 CFR 2.11), if the program is federally assisted in any manner(42 CFR 2.12b). Accordingly, all project patient records are confidential and may be disclosed and used only in accordance with (42 CFR 2). The grantee is responsible for assuring compliance with these regulations and principles, including responsibility for assuring the security and confidentiality of all electronically transmitted patient material. 9)Accounting Records and Disclosure-Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or subgrant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. The awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may conduct a financial compliance audit and on-site program review of grants with significant amounts of Federal funding. 10) Per(45 CFR 74.36 and 45 CFR 92.34)and the HHS Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to a royalty-free, nonexclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for Federal Government purposes. Income earned from any copyrightable work developed under this grant must be used a program income. 11)A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register on May 16, 1997. This initiative is designed to facilitate and encourage grantees and their sub- recipients to hire welfare recipients and to provide additional needed training and/or mentoring as Page-5 needed. The text of the notice is available electronically on the OMB home page at http://www.whitehouse.gov/omb/fedreg/omb-not.html. I 12) Program Income accrued under the award must be accounted for in accordance with (45 CFR 74.24) or(45 CFR 92.25) as applicable. Program income must be reported on the Federal Financial Report, Standard Form 425. Program income accrued under this award may be used in accordance with the additional costs alternative described in (45 CFR 74.24(b)(1)) or(45 CFR 92.25(g)(2)) as applicable. Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable OMB Circulars A-102 ("Grants and Cooperative Agreements with State and Local Governments") and A-110("Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations"). 13)Actions that require prior approval must be submitted in writing to the Grants Management Officer (GMO), SAMHSA. The request must bear the signature of an authorized business official of the grantee organization as well as the project director. Approval of the request may only be granted by the GMO and will be in writing. No other written or oral approval should be accepted and will not be binding on SAMHSA. For postaward requirements and instructions may be found at http://www.samhsa.gov/grants/subaward.aspx then click on "grants", then "grants management". 14) The recipient is required to notify the GMO in writing if the Project Director(PD) or key personnel specifically named in the NoA will withdraw from the project entirely, be absent from the project during any continuous period of 3 months or more, or reduce time devoted to the project by 25 percent or more from the level that was approved at the time of award (for example, a proposed change from 40 percent effort to 30 percent or less effort). SAMHSA must approve any alternate arrangement proposed by the recipient, including any replacement of the PD or key personnel named in the NoA. The request for approval of a substitute PD/key person should include a justification for the change, the biographical sketch of the individual proposed, other sources of support(if applicable), and any budget changes resulting from the proposed change. If the arrangements proposed by the recipient, including the qualifications of any proposed replacement, are not acceptable to SAMHSA, the grant may be suspended or terminated. If the recipient wants to terminate the project because it cannot make suitable alternate arrangements, it must notify the GMO, in writing, of its wish to terminate, and the GMO will forward closeout instructions. Key staffs(or key staff positions, if staff have not been selected) are listed below: Stacy Judd, Project Director @ unstated level of effort 15) Refer to the NoA under Section II (Payment/Hotline Information) regarding the Payment Management System and the HHS Inspector General's Hotline concerning fraud, waste or abuse. 16)As the grantee organization, you acknowledge acceptance of the grant terms and conditions by drawing or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable. 17) No HHS funds may be paid as profit (fees) per(45 CFR Parts 74.81 and 92.22(2)), 18)Where a conference is funded by a grant or cooperative agreement the recipient must include the following statement on all conference materials (including promotional materials, agenda, and Internet sites): Funding for this conference was made possible (in part) by (insert grant or cooperative agreement award number)from SAMHSA. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Page-6 Department of Health and Human Services; nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government. 19) This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term, go to http://www.samhsa.gov/grants/trafficking.aspx . 20) Grantees must comply with the requirements of the National Historical Preservation Act and EO 13287, Preserve America. The HHS Grants Policy Statement provides clarification and uniform guidance regarding preservation issues and requirements (pages 1-20, "Preservation of Cultural and Historical Resources"), Questions concerning historical preservation, please contact SAMHSA's Office of Program Services, Building, Logistics and Telecommunications Branch at 240-276-1001. 21) Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. Accordingly, all grantees that electronically exchange patient level health information to external entities where national standards exist must: a) Use recognized health information interoperability standards at the time of any HIT system update, acquisition, or implementation, in all relevant information technology systems supported, in whole or in part, through this agreement/contract. Please consult http://www.hhs.gov/healthit for more information, and b) Use Electronic Health Record systems (EHRs)that are certified by agencies authorized by the Office of the National Coordinator for Health Information Technology (ONC), or that will be certified during the life of the grant. For additional information contact: Jim Kretz at 240-276-1755 or Jim,Kretz@samhsa.hhs.gov ; Richard Thoreson at 240-276-2827 or Richard.Thoreson@samhsa.hhs.gov or Ken Salyards at 2240-276-2003 or Kenneth.Salyards@samhsa.hhs.gov . 22) If federal funds are used by the grantee to attend a meeting, conference, etc, and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be reduced by the allotted meal cost(s). 23) By signing the SF-424 (face page) in Item#21, the Authorized Representative (AR) certifies (1)to the statements contained in the list of certifications* and (2) provides the required assurances* and checking the"I AGREE" box provides SAMHSA with the AR's agreement of compliance. It is not necessary to submit signed copies of these documents, but should be retained for your records. 24) The Division of Grants Management created a Public Assistance (P)Account in the Division of Payment Management's (DPM) payment management system to provide a separate accounting of federal funds per SAMHSA grant. When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I -AWARD DATA, Fiscal Information. --------------------------- *The documents are available on the SAMHSA website at http://www.samhsa.gov/Grants/apply.aspx or contained within the Request for Applications (RFA). REPORTING REQUIREMENTS 1) Federal Financial Report(FFR), (Standard Form 425) is required on an annual basis and must be submitted for each budget period. The annual FFR for budget period 9/30/12 -9/29113 is due Thursday, January 30, 2014. Page-7 i i The FFR is required for each 12-month period, regardless of the overall length of the approved extension period authorized by SAMHSA. In addition, a final FFR is due within 90 days after the end of the extension, NOTE: Single grant reporting is required for each SAMHSA project as stated on the FFR (#10 d-o). Do not include any amount in Line 10f that has been reported in Line 10e. If applicable, include Program Income (1-o) in order for SAMHSA to determine whether the rate of expenditure is appropriate. The FFR must be prepared on a cumulative basis and all program income must be reported. The status of any Federal share of unliquidated obligations for each 12 month budget period must be explained in the remarks section (#12). In addition, your intention to carryover the unobligated balance of funds up to 25% of the current Federal share must be stated in the remarks section. Subsequent FFRs must reflect the actual carryover amount. If possible, disbursements reported on the FFR should equal/or agree with the top portion of the FFR (#10 a-c). The FFR may be accessed from the following website at http:/Iwww.whitehouse.gov/omb/grants_forms including instructions. The data can be entered directly on the form and the system will calculate the figures, then it can be printed and mailed to this office. 2) Submission of a Programmatic (semi-annual) Report is due no later than the dates as follows: February 2013 August2013 Additional detail will be provided by the Project Officer. 3)The grantee must comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the RFA or by the Project Officer. This information is needed in order to comply with PL 102-62 which requires that SAMHSA report evaluation data to ensure the effectiveness and efficiency of its programs. 4)Audit requirements for Federal award recipients are detailed at http://www.whitehouse,gov/sites/default/files/omb/assets/al33/al33 revised_2007.pdf.Specifically, non- Federal entities that expend a total of$500,000 or more in Federal awards, during each Fiscal Year, are required to have an audit completed in accordance with OMB Circular A-133. The Circular defines Federal awards as Federal financial assistance (grants) and Federal cost-reimbursement (contracts) received both directly from a Federal awarding agency as well as indirectly from a pass-through entity and requires entities submit, to the Federal Audit Clearinghouse (FAC), a completed Data Collection Form (SF-SAC) along with the Audit Report,within the earlier of 30 days after receipt of the report or 9 months after the fiscal year end. The Data Collection Forms and Audit Reports MUST be submitted to the FAC electronically at http://harvester.census.gov/fac/collect/ddeindex.html. For questions and information concerning the submission process, please visit http://harvester,census.gov/sac/ or call the FAC 1-800-253-0696. 5)The Quarterly Federal Financial Report (FFR) (Standard Form 425)/ Federal Cash Transaction Report (FCTR) is due 30 days after the end of each fiscal quarter. Grant recipients are required to file quarterly cash transaction reports via the Payment Management System FFR subsystem. Information pertaining to the Quarterly Federal Financial Report (FCTR) including due dates, instruction manuals and access can be accessed via: http://www.dpm.psc.gov/ 6)As required by the Federal Funding Accountability and Transparency Act of 2006, this new award is subject to the subaward and executive compensation reporting requirement of 2 CFR Part 170. Although the full text of this regulation is attached, you may access the language online at http://www.samhsa.gov/grants/subaward.aspx. The following SAMHSA Term of Award is applicable to all (Type 1) new SAMHSA grants which start on or after Oct. 1, 2010. At this time, Type 2s (competing renewals) and Type 3s (competing supplements) are not included, but may be subject to this requirement in the future: Page-8 Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds(as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5)for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1, of this award term to http://www.fsrs,gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received- (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170,320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at http://www.ccr.gov . j ii. By the end of the month following the month in which this award is made, and annually thereafter. c, Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- Page-9 I. in the subrecipient's preceding fiscal year, the subrecipient received- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://wvrw,sec.gov/answers/execomp.htm. ) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. H. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: I. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; V. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: Page-10 I. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 11.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: I i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): I. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. V. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds $10,000. Failure to comply with the above stated terms and conditions may result in suspension, classification as High Risk status, termination of this award or denial of funding in the future. INDIRECT COSTS If the grantee chooses to establish an indirect cost rate agreement, it is required to submit an indirect cost rate proposal to the appropriate office within 90 days from the start date of the project period. For additional information, please refer to HHS Grants Policy Statement Section I, pages 23-24. SAMHSA will not accept a research indirect cost rate. The grantee must use other-sponsored program rate or lowest rate available. Please contact the appropriate office of the Division of Cost Allocation to begin the process for establishing an indirect cost rate. To find a list of HHS Division of Cost Allocation Regional Offices, go to the SAMHSA website www.samhsa.gov , then click on "grants'; then "grants management'; then "Contact Information". Page-11 CONTACTS All responses to special terms and conditions of award and postaward requests must be mailed to the Division of Grants Management, Office of Financial Resources (OFR), SAMHSA below: For Regular Delivery: For Overnight or Direct Delivery: Division of Grants Management, Division of Grants Management, OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 Barbara Howes, Program Official Phone: (240)276-2547 Email: barbara.howes@samhsa.hhs.gov Win Morales, Grants Specialist Phone: (240)276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240)276-1430 it i Page-12 OMB Number:4040.0004 Expiration Dale:0W31l2012 '. Application for Federal Assistance SF-424 *1.Type of Submis7= 2e of Application: It Rew_s_i_on,select appropriate letter(s�❑Preapplicationw®Applicationntinuation *Other(Specify) ❑Changed/Correvision *3. Date Received: 4.Applicant Identifier: SP019035-01 5a. Federal Ent tldentifier 5b. Federal Award Identifier:.. State Use Only: 6, Date Received by State: 7.State Application Identifier: F— --J 8.APPLICANT INFORMATION *a. Legal Name: E.City of Kent *b. Employer/Taxpayer Identification Number(EINITINI.- *c Orgamzation DUNS f_911 001254 d.Address *Streett: 220 4th Avenue S Streett —_ — *City: I{ent l County/Parish: I{ing *State: WA _ Province: -- - *Country: USA *ZiplPostal Code: 98032 e.Organizational Unit Department Name: Division Name: Police Department f.Name and contact information of person to be contacted on matters Involving this application: Prefix: -First Name: _ Stacy Middle Name: *Last Name: Judd Suffix: .. Title: I Public Education Specialist Organizational Affiliation: I Kent Police Department _ J *Telephone Number 253-856-5883 Fax Number: 253-856-6802 *Email: s.judd0akentwa.gov OMB Number:4040-0004 '. Expiration Date:03/31/2012 Application for Federal Assistance SF-424 9.Type of Applicant 1: Select Applicant Type: C:city or township govemmenl Type of Applicant 2:Select Applicant Type: N/A - — Type of Applicant 3 Select_Applicant Type;_ N/A -- _- - -- ---— — - r`r Other(specify) !!, 10.Name of Federal Agency: Subs tan cc Abuse and Mental Health Services Administration 11. Catelo of Federal Domestic Assistance Number 1_„93.243 CFDA Title: Substance Abuse and Mental Health Services Projects of Regional and National Significance `12.Funding OpportunllyNumber — -- -- - - SF 12-003 itle: Sober Truth on Preventing Underage Drhildng Act Grants 13.Competition Identification Number: Title: 14.Areas Affected by Project(Cities,Counties,States,etc. : South King County,primiarily City of Kent ill 15.Descriptive Title of Applicant's Project: _ Kent Drug Free Coalition Reducing Underage Drinking Project Attach supporting documents as specified in agency instructions. OMB Number.4040-0004 Expiration Date:0 3/3112 0 1 2 Application for Federal Assistance SF-424 16. Congressional Districts Of: _ *a.Applicant I b.Program/Project '.. Attach an additional list of Program/Project congressional Districts if needed: 17. Proposed Project: *a.Start Date: 10/0'/2012 b.End Date: 09/30/2016 it 18, Estimated Funding($): *a. Federal 50,000 ,, *b.Applicant 0 *c. State F0 *d. Local 0 I *e. Other 0 - *f.Program Income 0 *g.TOTAL 50,000 Application Subject to Review By State Under Executive Order 12372 Process? This application was made available to the State under the Executwe Order 12372.Process ror review h, Program is subject to E.O. 12372 but has not been selected by the State for review_ U c. Program is not covered by E.O. 12372. *20, Is the Applicant Delinquent an Any Federal Debt?(If"Yes", provide explanation in attachment.) U Yes M No If"Yes", provide explanation and attach. - 21. *By signing this application, I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true,complete and accurate to the best of my knowledge. I also provide the required assurances**and agree to comply with any resulting terns if I accept an award. I am aware that any false,fictitlous,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties(U.S. Code,Title 218,Section 1001) M **IAGREE -The list of certifications and assurances,or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. a,Authorized Representative Prefix: *First Name: Suzette --� _ Middle Name: — ----------------� ,I Last Name:I Cooke _Suffix: __._._._.....__.._._._..... *Title:I Mayor 253-856-5720 I 253-856 6700 'Tele hone Number: Fax Number -.------ ---------- -� *Email:) 'cooke(cD,kcntwa.gov _ *Si nature of Authorized Representative: � Date Si red: — /� /L KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: October 16, 2012 SUBJECT: Police Services Agreement with Kent School District - Authorize MOTION: Authorize the Mayor to sign the police services agreement with the Kent School District in the amount of $40,258.44 and establish the budget, subject to final terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Police Services Agreement Between the Kent Police Department and the Kent School District for 2012-2013 will provide a Kent Police Commander or higher (Director), to the District for the purpose of assisting with communication and logistics between the two organizations that relate to school safety. The District agrees to reimburse the Department $40,258.44 per year, spread across twelve (12) monthly payments of $3,354.87 each, applicable toward the Director's salary and benefits, which at all times shall be paid by the Department. The District shall reimburse the Department upon submission of a monthly invoice to the District's Business Officer. The Agreement shall be effective September 1, 2012 through August 31, 2013. EXHIBITS: Police Services Agreement RECOMMENDED BY: Public Safety Committee 10/9/12 BUDGET IMPACTS: $40,258.44 revenue, via reimbursement basis. Police Services Agreement Between the Kent Police Department And The Kent School District 2012 —2013 THIS AGREEMENT is made and entered into by and between the City of Kent and the Kent Police Department, hereinafter referred to collectively as the "Department," and the Kent School District, hereinafter referred to as the "District." WHEREAS, the District desires to fill the position of School Safety Services Director with a law enforcement officer who is employed by the Department and holding the rank of Commander or higher, and who can bring valuable experience and provide advice to District safety officers; and WHEREAS, the Department desires that its senior officers have the opportunity to (a) partner with a large local school district in the community; (b) gain valuable administrative, command, and community relations experience; and (c) experience unique professional growth and development; and WHEREAS, the District and Department share a compelling common value in seeing that the community enjoys a safe, secure environment for its students and staff; NOW, THEREFORE, and in consideration of the mutual promises set forth herein, the parties mutually agree as follows; 1. TERM This Agreement shall be effective from September 1, 2012 through August 31, 2013, subject to any prior termination as provided herein and unless extended by written agreement of the parties. 2. DUTIES OF THE DEPARTMENT The Department with the District's approval shall provide an officer the rank of Commander or higher to serve as the District's School Safety Services Director, hereafter referred to as "Director," for the purpose of assisting with communication and logistics between the two organizations relating to school safety. Such assistance shall include, but not be limited to: a. Provide advice and direction to personnel regarding best practices and ensuring a safe and secure learning environment. b. Respond to school incidents as necessary. c. Periodically review and recommend revisions to the procedures and protocols for school safety. d. Support administrators and staff with school safety inquiries and/or needs for assistance. e. Assist in the development of Kent School District emergency management practices and procedures. 1 f. Assist in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. g. Help establish and maintain security procedures focused on prevention of problems in schools and the community. h. Help foster an attitude promoting a safe school environment. The Department shall provide the Director a vehicle, radio communication, cellular phone, uniform, and other necessary equipment provided to the Department's on-duty commanders to enable the Director to perform his/her duties with the District. The District shall provide the use of office space, mobile computer or similar device, and a district email account to the Director. 3. CONSIDERATION In consideration of those services provided under this Agreement, the District shall provide the Director with the unique opportunity to obtain administration and community relations experience. The Director will be considered a part of the Superintendent's Cabinet and the District Leadership Team. The District agrees to reimburse the Department $40,258.44, which shall be paid in twelve (12) monthly installments of$3,354.87 each. These payments shall cover the Director's salary and benefits, which at all times shall be paid by the Department. The District shall pay monthly upon submission by the Department of a monthly invoice to the District's Chief Business Officer. 4. WORK SCHEDULE The Director shall be on duty with the District approximately ten (10) hours per week during the term of this Agreement. 5. MODIFICATION No waiver or modification of the Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties, and no evidence of any waiver of modification shall be offered or received in evidence during any proceedings or litigation between the parties unless such waiver or modification is in writing duly executed as aforesaid. The parties further agree that the provisions of this section may not be waived except as herein set forth. 6. TERMINATION OF AGREEMENT This Agreement may be terminated without cause at any time by mutual agreement of the parties or by either party sixty (60) days following the other party's receipt of written intent to terminate. Each party shall have the right to cancel and immediately terminate the Agreement without prior notice upon breach of the Agreement by the other party. In the event of termination under this section, the Department will be entitled to receive, to the date of such termination on a pro rate basis, the compensation as set forth in section 3, above. 2 7. INDEMNIFICATION The parties agree that the District shall bear all responsibility and cost of defending any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages that relate in any way whatsoever to School Safety Services, the security and safety of the District and its students, employees, and visitors, and/or the provisions of any services set forth in section 2 of this Agreement, and for this purpose, and notwithstanding Section 9 of this Agreement, the Director shall be considered an agent of the District. Further, to this end, the District shall defend, indemnify, and hold harmless the Director, and the Department and it's officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever relating to and arising out of the performance of the Agreement. The District shall not defend, indemnify or hold the Department harmless from any claims, actions, or suits for injury, damage, or loss of any kind caused by the intentional act (s) of the Director which are beyond the scope of this Agreement. In executing the Agreement, the Department does not assume liability or responsibility for, or in any way release the District from any liability or responsibility which arises in whole or in part from the existence or effect of District policies, rules, or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability and/or validity of any such District policy, rule, or regulation is at issue, the District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the District, the Department, or both, the District shall satisfy the same, including all chargeable costs and attorney's fees. 8. MEDICAL/HEALTH AND WORKERS COMPENSATION BENEFITS In the event of any injury, illness, or death of the Director, the Director shall be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to the Director the medical/health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during the regular work assignment in and for the Department. 9. DIRECTOR OF SCHOOL SAFETY IS AN EMPLOYEE OF THE DEPARTMENT The Director shall, at all times, be considered an employee of the Department, and shall for no purpose, be considered an employee of the District. The District shall have no obligation to provide the Director with any workers compensation or other benefits, and the salary of the Director shall be paid in full by the Department. 10. VENUE STIPULATION This Agreement shall be construed as having been made and delivered within the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Washington. 3 11. COMPLIANCE WITH LAWS In carrying out the terms of this Agreement, the parties agree to comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to the laws pertaining to civil rights and laws pertaining to the District and Department. In carrying out this Agreement, the parties agree that they will not in any way discriminate against others on the basis of race, color, national origin, sex, age, creed, sexual orientation, marital status, veteran status, or disability. 12. NOTICES All notices shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 13. HEADINGS The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in way do they define, limit, or describe the scope or intent of the provisions of this Agreement. 14. AGREEMENTS OUTSIDE OFTHIS AGREEMENT This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representations with respect to the subject matter of the Agreement except such representation as are specifically set forth herein, and each party acknowledges that it has relied on its own judgment in entering into this Agreement. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Kent School District City of Kent/ Kent Police Department Dr. Edward Lee Vargas (Superintendent) Suzette Cooke (Mayor) Date Date 4 w," Agenda Item: Consent Calendar - 7H TO: City Council DATE: October 16, 2012 SUBJECT: Glenbrook Neighborhood Council Resolution - Adopt MOTION: Adopt Resolution No. recognizing Glenbrook as a Neighborhood Council. SUMMARY: Residents of this neighborhood have completed the process to establish a Neighborhood Council that provides an avenue for residents to work together to enhance the livability of their neighborhood. EXHIBITS: Resolution RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, recognizing Glenbrook Neighborhood Council RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Glenbrook neighborhood consists of one hundred and forty-eight households. D. The Glenbrook neighborhood is located on Kent's East Hill and is situated generally to the west of 152nd Avenue SE, to the north of SE 1 Glenbrook Neighborhood Council 274th Street, to the east of 148th Place SE and to the south of SE 275th Way. The Neighborhood is shown on the attached Exhibit. E. On June 4, 2012, the Glenbrook Neighborhood submitted an official registration form to request that the City recognize the Glenbrook Neighborhood Council and to allow the Neighborhood to take part in the City's Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recognition of Neighborhood Council. - The City Council for the City of Kent hereby acknowledges the effort and commitment of the Glenbrook neighborhood and all those who participated in forming the Glenbrook Neighborhood Council, The Kent City Council hereby recognizes Glenbrook Neighborhood Council as an official Neighborhood Council of the City of Kent, supports Glenbrook Neighborhood Council community building efforts, and confers on the Glenbrook Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severabilitv. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 2 Glenbrook Neighborhood Council SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of July 2012. CONCURRED in by the mayor of the city of Kent this day of July, 2012. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of July, 2012. BRENDA JACOBER, CITY CLERK 3 Glenbrook Neighborhood Council Exhibit A LINPMERIdAN PARK �J��'ti"-� (G� V i ry 3 F i { t 4i1 Vt 'lI"�SI:I Nil- ---------- C +C MENT K,AANGL"RO II'' � Rb A£RIMAN APARThIEM6 t T � � �7 gt� FERIR01£M FAC6ITY sd.4 l f n r gEm SFS"I IL 6EST19f "'��� a4 rL �i � vuti E�� `P — — It-,&2 1 {�}� SE?i4 LN e r n 3j 1 A SEMST , N�lJ � E:,1 ;r � Ma � _9 ?i6 PL K� \ SE RiSm PL MENEll G�t"11Av�� !{ r 17-11 If (C LL ��I NF 1 f 11 _� ei Ill FK � £TREY j FR (7. 1iPL 4 SE Zii PL P P 1aa�7�3 Lek 1yELJ ) ;rr R�1 r � sex:a sT - 6S?1e PL Q L,- r - P II H "oil .I 1.:�r p t�j�I a3 A� L;iMA Glenbrook Neighborhood w+ 4 Glenbrook Neighborhood Council KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: October 16, 2012 SUBJECT: Mobile Home Parks Ordinance - Adopt MOTION: Adopt Ordinance No. , amending Chapter 12.05, Kent City Code, related to mobile home parks. SUMMARY: The proposed amendments to the planning and land development code relate to mobile home parks and include minor amendments that provide consistency with other codes. The amendments are undertaken as part of the City Council's initiative to transform regulatory processes in order to increase operating efficiencies. The amendments include clarification of code enforcement regulations, updates to definitions, revisions to application requirements, and clarification that mobile home separation requirements are governed by the minimum fire safety requirements. EXHIBITS: Ordinance RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending chapter 12.05 of the Kent City Code, specifically sections 12.05.040, 12.05.050, 12.05.080, 12.05.100, 12.05.110, 12.05.120, 12.05.140, 12.05.150, 12.05.160, 12.05.260, 12.05.270, 12.05.300, and 12.05.370 and repealing sections 12.05.070 and 12.05.090; related to mobile home parks [ZCA- 2012-2]. RECITALS A. Local planning legislation arises from many sources, including, but not limited to, Federal, State or regional mandates; changes to local community vision; complaints; need for clarity; updated technologies, business operations or strategies that make existing codes outdated; and conflicts with updated regulations in other City departments. B. The city has determined that amendments to Chapter 12.05, Kent City Code (KCC), are necessary to reflect updates the Mobile Home Park code for consistency with current code enforcement regulations, definitions noted elsewhere in the KCC, and existing permit process. C. The City's State Environmental Policy Act (SEPA) Responsible Official has determined that the proposed amendments are procedural in nature and thus categorically exempt from further SEPA review. 1 Mobile Home Parks Ordinance D. On July 17, 2012, notice was sent to the Washington State Department of Commerce and expedited review was requested as required under RCW 36.70A.106(3)(b). On August 13, 2012, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. E. The Land Use and Planning Board considered this matter at its July 23, 2012 workshop, and held a public hearing on August 13, 2012 regarding this issue. F. The Economic and Community Development Committee considered this matter at its October 8, 2012 meeting, and the city council considered this matter at its October 16, 2012 meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 12.05.040 of the Kent City Code is amended as follows: Sec. 12.05.040. Enforcement. A. Inspection. In regard to the closure or change in use of mobile home parks, it shall be the duty of the manager of housing and human services to enforce the applicable provisions of this chapter. In regard to all of the remaining provisions of this chapter, it shall be the duty of the building official to enforce the applicable provisions of this chapter after a final site plan has been approved. The manager of housing and human services and 2 Mobile Home Parks Ordinance the building official may inspect any mobile home park in order to verify compliance with this chapter. Each mobile home shall be inspected when it is placed on a mobile home lot to insure that all setback, separation requirements, etc., are met. Such inspection shall be performed at the time such mobile home is placed on the lot or as soon thereafter as is reasonably practicable. Failure to make such inspection shall not constitute a waiver of any of the provisions of this chapter. For inspection purposes, the manager of housing and human services and the building official or their duly authorized representative shall have the right and is hereby empowered to enter any mobile home park. B. Enforcement. The if&4epaf4ffiefftjty may require a permit for the placement of a mobile home on a lot and may charge for such permit. If, after due investigation, the building official determines that any provision of this chapter has been violated, the mobile home park owner shall a F be responsible to remedy the violations. Enforcement of this chapter by the building official shall be in accordance with KCC 1.04. 4-t fer aetaorr under 14CC 12.�5.3®0, P aes. If, d Enforcement of this cha tp er by the manager of housing and human services tab shall be in accordance with KCC 12.05.360. SECTION 2. - Amendment. Section 12.05.050 of the Kent City Code is amended as follows: Sec. 12.05.050. Definitions. 3 Mobile Home Parks Ordinance The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory structure shall mean any structure on an interior mobile home lot or site that is appurtenant to the principally permitted mobile home or nonconforming recreational vehicle. For purposes of nonconforming mobile home parks, carports, and porches open on three (3) sides shall not be considered accessory structures. Combining district shall mean district regulations superimposed on an underlying zone district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed. Common open space shall mean a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a mobile home park which are designed and intended for the use or enjoyment of residents of the park. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the mobile home park. Common open space may also include all landscaped buffer areas. Comprehensive plan F a+ means the document, including mates adopted by the city council which outlines the city's goals and policies relating, to manarpement of rg owth and prepared 4 Mobile Home Parks Ordinance in accordance with Chapter 36.70A RCW. The term also includes adopted subarea plans prepared in accordance with Chapter 36.70A RCW. Conditional use and conditional use permit shall mean a use permitted in a zoning district only after review and approval by the hearing examiner. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner. County auditor shall be as defined in Chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. Cul-de-sac shall mean a short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround. Dedication shall mean a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final site plan showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such site plan for filing by the city. Dependent unit shall mean a mobile home that does not have toilet and bathtub or shower facilities. Developer shall mean the person, firm or corporation developing a mobile home park. Hearing examiner shall mean that person appointed by the city administrator to conduct public hearings on applications outlined in Ch. 5 Mobile Home Parks Ordinance 2.32 KCC creating the hearing examiner, and who prepares a record, findings of fact and conclusions on such applications. Independent unit shall mean a mobile home that has a toilet and bathtub or shower facilities. Land Use and Planning Board shall mean the city Land Use and Planning Board as defined in this code. ea—. T+ie��64e-tfaets--ef #a-Feels-. Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use coverage and area and to provide h yards and other openspaces as are required in this title. A lot shall have frontage on an improved and may consist of: A. A single lot of record, X B.-A portion of a lot of record, , C. A combination portions of lots of record Ci. A parcel of land described by metes and bounds; Provided that in no case of on or combination-shall-any residual lot or garcel be created which does not meet the requirements of this title. 6 Mobile Home Parks Ordinance Lot, corner shall mean a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines. Lot frontage shall mean the front of a lot and shall be that portion nearest the street or if the lot does not abut a street the portion nearest an ingress/egress easement. On a corner lot the front yard shall be considered the narrowest part of the lot that fronts on a street except in industrial and commercial zones in which case the user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage. Lot lines shall mean the lines bounding the lot. Lot measurements shall mean: 1. Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 2. Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the eighty (80) percent requirement shall not apply. Lot, through shall mean a lot that has both ends fronting on a street. Either end may be considered front. 7 Mobile Home Parks Ordinance Meander line shall mean a line along a body of water intended to be used solely as a reference for surveying. Mobile home shall mean a factory constructed residential unit with its own independent sanitary facilities, that is intended for year round occupancy, and is composed of one (1) or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under trailer license or by special permit. Mobile home lot or site shall mean a lot or site designed to accommodate a mobile home in a mobile home park. Mobile home park shall mean an area under one (1) ownership designed to accommodate five (5) or more mobile homes according to the provisions of this chapter. Nonconforming use or structure shall mean any mobile home park, individual mobile home, recreational vehicle, accessory structure, mobile home lot or site dimension established prior to the effective date of this chapter or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of this chapter. Official plans shall mean those maps, development plans, or portions thereof, adopted by the city council as provided in RCW 35A.63.100, as amended. Such plans or maps shall be deemed to be conclusive with respect to the location and width of streets, public parks, and playgrounds and drainage rights-of-way as may be shown thereon. Performance bond or guarantee shall mean that security which may be accepted in lieu of a requirement that certain improvements be made 8 Mobile Home Parks Ordinance before the city council approves the final site plan including performance bonds, escrow agreements, and other similar collateral or surety agreements. Pla n Recreational vehicle shall mean any vehicle or structure so designed and constructed to permit occupancy thereof, with sleeping quarters for one (1) or more persons, and constructed in such manner as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, propelled, drawn or transported by its own or other power. Service building shall mean a building housing separate toilet, lavatory, and bath or shower accommodations for men and women, with separate service sink and laundry facilities. Setbacks shall mean the minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a mobile home or appurtenant structure. All setbacks from a line of reference shall be measured on a line perpendicular to said line of reference. SECTION 3. — Repealer. Section 12.05.070 of the Kent City Code, entitled "Preliminary Meetings" is hereby repealed. SECTION 4. — Amendment. Section 12.05.080 of the Kent City Code is amended as follows: Sec. 12.05.080. Application for mobile home park. 9 Mobile Home Parks Ordinance The general procedure for submitting and processing applications for a mobile home park are as follows: preparation and submission of a pre- plication conference form for subdivisionlmobile home park `� } submission of a preliminary site plan to the Permit Center using the forms for a preliminary subdivision application—p{ s -L public hearing before the hearing examiner and city council 4e installation or bonding of improvements according to the approved site plan; and recordation of the approved final site plan with the planning department and city clerk. SECTION 5. — Repealer. Section 12.05.090 of the Kent City Code, entitled "Tentative site plan procedures" is hereby repealed. SECTION 6. — Amendment. Section 12.05.100 of the Kent City Code is amended as follows: Sec. 12.05.100. Preliminary site plan procedures. A. Zoning. If the proposed mobile home park lies within an existing mobile home park combining district (MHP), the procedure for processing the mobile home site plan shall be as outlined in 2 the application for preliminarplat/mobile home site plan and shall be processed in accordance with the procedures established for Process IV applications under Chapter 12.01 KCC. If the proposed mobile home park does not lie within an existing MHP zone, an application for the mobile home combining district shall be applied for and considered concurrently with the �. application for preliminary plat mobile home site plan. The application shall be processed in accordance with the procedures established for Process IV applications under Chapter 12.01 KCC. 10 Mobile Home Parks Ordinance d Faft rrrc—cr ro }°—� a$zi-rr crr rrc crS—c'r ro u 1f 2I �' rr r"c��i rr"rc fFt srv�—s'i`rc r '• r E r E r 11 Mobile Home Parks Ordinance o-r r r r r r ------&—Y JET- Grr . fae4ttfe&,wfthff+4he-stte-. �epesed-ffadip 12 Mobile Home Parks Ordinance }} � C� e pfe4ff"ffafy---ite s +ti detef ..iPccav2cvJ22iP rrrc— c }g } r }. ,A } }y, },., } }' '} ��G L-STVPP.T—PtidT-JCU—GL—LT PC-1YPPL"YdLYY"G 3TL F" N Pha+F 13 Mobile Home Parks Ordinance NTL 'TfG U"IXCC- .. "TC fLY r 6- .y-crt4ee:sc fE 9 ------3-ry cs itee- ftF .rcxc ru—vc—sci rc cca r �.x.v y uu`y°:3 �a`rui cv ca rc �uv rrc. d{t 14 Mobile Home Parks Ordinance GfB. Health agency recommendation. The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with planning 4eVmFtffvei42ervices, prior to the hearing examiner's public hearing on the preliminary platJmobile home site plan, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. K . eet suer i erS:3rva, cxa ee e2ss t vi e.�c i ec.�--tu—ui e—cn"cei e.Sr $&��'t—t 9C. Expiration date. If the use for which the MHP district site plan was approved is not begun within one (1) year, approval of the MHP district and preliminary site plan shall lapse one (1) year from the date of such approval unless the city council grants an extension of time for a period of not greater than one (1) year. SECTION 7. — Amendment. Section 12.05.110 of the Kent City Code is amended as follows: Sec. 12.05.110. Installation of improvements or bonding in lieu of improvements. A. Tangible improvements may be required before a final site plan is submitted. Every developer may be required to grade and pave streets and Is Mobile Home Parks Ordinance alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains, and street name signs, together with all appurtenances thereto in accordance with specifications and standards of this chapter; and in accordance with other standards of the city. B. The department of public works shall be responsible for the supervision, inspection, and acceptance of all required mobile home park improvements t f cr�efrc�-eal��t is. C. Prior to proceeding with the mobile home park improvements as are necessary, the developer shall make application for such permits from the city. The developer is responsible for complying with all permit requirements of federal, state, and local agencies. D. No final site plan shall be submitted to the city council until all improvements are constructed in a satisfactory manner and approved by the responsible departments or a bond has been satisfactorily posted for deferred improvements. E. If a developer wishes to defer certain onsite improvements until construction, written application shall be made to the department of public works and planning services stating the reasons why such delay is necessary. If the deferment is approved, the developer shall furnish a performance bond to the city in the amount equal to a minimum of one hundred fifty (150) percent of the estimated cost of the required improvements. The decision of the city engineer and planning director as to amount of such bond shall be conclusive. Such bond shall list the exact work that shall be performed by the applicant and shall specify that all of 16 Mobile Home Parks Ordinance the deferred improvements be completed within the time established by the department of public works. If no time is established, then not later than one (1) year after approval of the final map by the city council. The bond shall be held by the city clerk. The developer may substitute an assignment of funds in lieu of a performance bond. Such assignment shall be made payable to the finance director and shall be in the same amount as the bond it is substituting. The city reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other payment in lieu thereof. In case of any suit or action to enforce any provisions of this chapter, the developer shall pay unto the city all costs incidental to such litigation including reasonable attorney's fees. The applicant shall enter into an agreement with the city requiring payment of such attorney's fees. The requirement of the posting of any performance bond or other security shall be binding on the applicant, his heirs, successors and assigns. F. The department of public works shall notify planning services in writing of the improvements deferred, amount of bond or check deposited, time limit of bond or check, name of bonding company, and any other pertinent information. G. The department of public works shall submit a certificate in duplicate to planning ree+tservices verifying that the developer has completed the required installations and/or bonding in accordance with the provisions of this code and the specifications and standards of the departments. One (1) copy of the completed certificate shall be furnished to the developer by planning services together with a notice advising the developer to proceed with preparation of a final site plan for that portion of the area in which minimum improvements have been installed and approved or adequate security has been posted. Certificate originals shall be retained by planning services. 17 Mobile Home Parks Ordinance SECTIONS. — Amendment. Section 12.05.120 of the Kent City Code is amended as follows: Sec. 12.05.120. Final site plan procedures. A. Application for the final site plan approval shall be filed with the permit center usinrp the application for final plat/final mobile home site plan. B. d h vt r ..gym-22�, �- ) e +t . Approval of the final site plan shall be evidenced by the signatures of the director of public works and planning director on the site plan. The approved site plan shall then be filed with the city clerk and planning department. C. A permit to occupy a mobile home park shall be issued by the building defteft+neifft2fficial. SECTION 9. — Amendment. Section 12.05.140 of the Kent City Code is amended as follows: Sec. 12.05.140. Compatibility with existing land use and plans. A. Mobile home parks shall provide buffer strips along all boundary property lines. All buffer strips shall be at least ten (10) feet in width. No plan for a mobile home park shall be approved by the city council unless 18 Mobile Home Parks Ordinance the streets shown therein are connected by surfaced road or street according to city specifications to an existing street or highway. B. The location of all streets shall conform to any adopted plans for streets in the city. If a mobile home park is located in the area of an officially designated trail, provisions may be made for reservation of the right-of- way or for easements to the city for trail purposes. A grading permit shall be required as per the International Building Code, a de, or other applicable building codes, as adopted and amended in Ch. 14.01 KCC, prior to any grading or filling. SECTION 10. — Amendment. Section 12.05.150 of the Kent City Code is amended as follows: Sec. 12.05.150. Minimum requirements and standards. Mobile home parks shall comply with the following minimum requirements and standards: 1. A minimum of five (5) mobile home spaces shall be required in a mobile home park. 2. A mobile home park containing more than twenty (20) spaces shall have at least two (2) places of access, at least one (1) of which shall be on a major or secondary street as defined by the city street plan. 3. A fixed lighted map indicating unit numbers, and street names shall be placed at all entrances of the mobile home park. 4. The distance from the entrance or exit of a mobile home park to the street intersection shall 19 Mobile Home Parks Ordinance ifftet conform to the separation requirements outlined in the City of Kent Design and Construction Standards. 5. One (1) access may be for emergency use only. 6. A ten (10) foot minimum width buffer strip will be required on all boundaries of the mobile home park. A wall, one hundred (100) percent sight-obscuring fence or landscape screen shall be established along all boundaries of the park. The ten (10) foot buffer strip inside this sight- obscuring screen may be part of mobile home lots or may be an area maintained by the mobile home park management. SECTION 11. — Amendment. Section 12.05.160 of the Kent City Code is amended as follows: Sec. 12.05.160. Structures. A. The only permanent dwelling allowed in the mobile home park may be a single-family dwelling for the owner or manager. Service buildings are optional for mobile home parks serving only independent mobile homes. All service buildings shall be designed to comply with State Health Department requirements. A permanent storage facility may be provided for each lot. One (1) central storage building for the park as a whole is permitted. Separate permits will be required for all permanent structures. B. Pads for individual mobile homes are optional on a complete development basis. No mobile home placed on such a site shall overhang the edges of the pad. All plans and construction of pads, foundations, and tiedowns for mobile homes are subject to approval of the city efffefebuilding official. 20 Mobile Home Parks Ordinance SECTION 12. — Amendment. Section 12.05.260 of the Kent City Code is amended as follows: Sec. 12.05.260. Nonconforming mobile home park standards. To assure reasonable opportunity for the continued use of mobile home parks existing prior to adoption of the ordinance from which this chapter was derived and therefore not in compliance with all or some of the development standards required herein, the parks shall be considered legal nonconforming uses. The following minimum standards shall apply to the placement or relocation of individual mobile homes and recreational vehicles within nonconforming mobile home parks and to the construction of accessory structures: 1. A site plan drawn to scale that shows the perimeter park boundaries, the dimensions and the location of all existing mobile homes, accessory buildings, carports and porches, utility hookups and internal roadways shall be submitted in conjunction with permit application for placement or relocation of individual mobile homes or construction of accessory buildings. 2. The placement or relocation of individual mobile homes in nonconforming mobile home parks shall be subject to the minimum fire safety separation standards of the National Fire Protection Association, NFPA 501A, 1987 edition t . Lot coverage requirements need not apply. (See diagram in KCC 12.05.270.) 3. Recreational vehicles shall be allowed in a nonconforming mobile home park under the following circumstances: 21 Mobile Home Parks Ordinance a. A recreational vehicle may be relocated on an individual mobile home space that is occupied by a similar unit at the time of adoption of the nonconforming standards. b. The existing mobile home space cannot be used for a mobile home due to the minimum setbacks specified in diagram in KC9C 12.05.270. All recreational vehicles in nonconforming mobile home parks shall be placed in a location which complies with the separation requirements specified in the diagram in KCC 12.05.270. 4. No nonconforming mobile home park boundaries shall be expanded nor shall any additional mobile home lots be created as a result of these provisions. Any new expansion shall be subject to the provisions of this chapter. 5. Appeals of any building official decision with regard to placement or relocation of a mobile home, recreational vehicle and/or accessory structure are subject to the appeal procedures specified in Ch. 14.01 KCC. SECTION 13. — Amendment. Section 12.05.270 of the Kent City Code is amended as follows: Sec. 12.05.270. Minimum nonconforming mobile home park separations. The following example illustrates the minimum fire safety—separation standards required bt KCC 12.05.260 for the placement of mobile homes or manufactured homes in nonconforming mobile home parks: 22 Mobile Home Parks Ordinance 0YLL6lYY,YY,1Y: � � . 1 C Yr1Y q r Yc'1 S$ End, ¢re:vle I Ens ELL to Eli d +, DLCI,g.0ItIJJV Y 1 44Y'Y Any portion of a mobile home or manufactured home shall not be located closer than ten (10) feet side to side, eight (8) feet end to side, six (6) feet end to end horizontally or six (6) feet diagonally from any other mobile home or manufactured home, recreational vehicle or community building. No portion of a mobile home or manufactured home can encroach on an internal driveway. The site plan must reflect adjacent park spaces and separations between units and accessory structures and roads. Additional permits and review may be required by other agencies or city departments as a result of the placement of a mobile home or manufactured home. The�Upan approval of the building official, construction of an approved two (2) hour fire resistive wall may decrease required separation distances. SECTION 14. — Amendment. Section 12.05.300 of the Kent City Code is amended as follows: 23 Mobile Home Parks Ordinance Sec. 12.05.300. Penalties. } e iet' f' Violations of this chapter shall be subject to the penalties provided in KCC 1.04.030 and KCC 1.04.200. SECTION 15. — Amendment. Section 12.05.370 of the Kent City Code is amended as follows: Sec. 12.05.370. Appeal. Any appeal from a determination of the manager of housing and human services under KCC 12.05.320(A), 12.05.340, and 12.05.360(A) shall be an open record hearing filed within fourteen (14) days of the determination in accordance with the procedures established for Process I applications under Ch. 12.01 KCC. SECTION 16. — Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION 17. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; 24 Mobile Home Parks Ordinance or references to other local, state or federal laws, codes, rules, or regulations. SECTION 18. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 20. APPROVED: day of 20. PUBLISHED: day of 20. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK PVCivilAOrdinmceVl205 Mobile Home Parks doox 25 Mobile Home Parks Ordinance KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: October 16, 2012 SUBJECT: Guiberson Corrosion Control — Accept as Complete MOTION: Accept the Guiberson Corrosion Control Project as complete and release retainage to McClure and Sons, Inc. upon receipt of standard releases from the state and the release of any liens. The original contract amount was $926,769.68. The final contract amount was $894,523.68. SUMMARY: The Guiberson Corrosion Control Facility is located in the Scenic Hill area of Kent near the City's 3-million gallon Guiberson Reservoir. This reservoir serves the Kent Valley and West Hill portions of the City's water service area. Water flows into this reservoir from City owned sources such as Kent Springs, Armstrong Springs, and from the Green River through the Tacoma Second Supply Pipeline. The water received from the Second Supply Pipeline is blended with the City water sources. However, this blended water is low in pH which can lead to corrosion of household plumbing resulting in levels of copper higher than is allowed by the Safe Drinking Water Act's Lead and Copper Rule regulated in Washington by the Department of Health. To adjust the pH level of the water, the City constructed the Guiberson Corrosion Control Facility. This facility introduces small amounts of sodium hydroxide to the water to bring the pH levels in compliance with regulations. The facility is now complete, has been thoroughly tested and is operating as expected. The awarded contract amount was $926,769.68 and the as-constructed amount is $894,523.68. The project is ready to be accepted by the City. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This contract was paid through the Water Utility. KENT Agenda Item: Other Business - 8A TO: City Council DATE: October 16, 2012 SUBJECT: LID 363, S. 224th Street, East Valley Highway to Benson Road, Final Assessment Roll Ordinance MOTION: Move to adopt Ordinance No. adopting the Findings, Conclusions, and Recommendation of the Public Works Committee acting as a Board of Equalization for LID 363 and confirming and establishing the Local Improvement District 363 final assessment roll as recommended by the committee in all respects. If the Council makes further amendments to the final assessment roll: MOTION: Move to adopt Ordinance No. , adopting the Findings, Conclusions, and Recommendation of the Public Works Committee acting as a Board of Equalization for LID 363 and confirming and establishing the Local Improvement District 363 final assessment roll as recommended by the committee in all respects, except that the following amendments to the Findings, Conclusions, and Recommendations should be incorporated into the final roll: EXHIBITS: Ordinances RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to Local Improvement District No. 363; approving and confirming the assessments and assessment roll of Local Improvement District No. 363 for construction of improvements beginning at the intersection of East Valley Highway and S. 224th Street via S. 218th/216th Street, terminating at the intersection of Benson Road and S. 216th, as provided by Ordinance No. 3896, and levying and assessing a part of the costs and expenses thereof against the lots, tracts, parcels of land and other property as shown on the assessment roll. RECITALS A. The assessment roll levying the special assessments against the property located in Local Improvement District ("LID") No. 363 in the City of Kent, Washington (the "City") has been filed with the City Clerk as provided by law. B. The City Council delegated, under RCW 35.44.070, a special committee of the Council composed of the members of the Public Works Committee (the "Committee") to act as a Board of Equalization and conduct a hearing on the assessment roll. C. The City Council fixed the time and place of the hearing before the Committee first for May 14, 2012, and later rescheduled for July LID 363 Final Assessment Roll 1 25, 2012, in the Council Chambers in the City Hall, Kent, Washington. Notice of the time and place of the hearing and rescheduled hearings on the assessment roll and for making objections and protests to the roll was published within the time and in the manner provided by law. In addition, the City Clerk mailed written notices, within the time and in the manner provided by law, to each property owner shown on the roll. D. At the time and place fixed and designated in the notice, the Committee held the hearing and received all written protests. All persons appearing at the hearing who wished to be heard were heard, and the Committee, sitting and acting as the Board of Equalization for the purpose of considering the LID No. 363 final assessment roll and the special benefits to be received by each lot, parcel, and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each parcel of land by reason of the improvement, considered all protests. E. After considering the entire record pertaining to the assessment roll, the Committee entered its Findings, Conclusions, and Recommendations ("Findings") regarding LID No. 363 on August 20, 2012. F. Notice of the Findings and the right to file a written appeal to the full City Council of the Findings was given to each party timely filing a written protest before the Committee. G. The City Council has considered the record and the Findings, based upon the record considered by the Committee; and any written appeal of the Findings received by the City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: LID 363 Final Assessment Roll 2 ORDINANCE SECTION 1, — Roll Confirmation. The assessments and assessment roll of Local Improvement District No. 363, established for the purpose of constructing improvements of a roadway beginning at the intersection of East Valley Highway and S. 224th Street via S. 218/216th Street, terminating at the intersection of Benson Road and S. 216th, shall be and the same are approved and confirmed in all things and respects in the total amount of $9,150,627.14. Under Ordinance No. 3896, LID No. 363 provides for public road improvements, including the installation of curbs, gutters, sidewalks, a two-way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities, storm water management facilities, a bridge over SR 167, a new Garrison Creek bridge, sanitary sewer and water extensions and/or stubs and appurtenances to provide service to properties not currently served by City utilities, all relating to the overall project on East Valley Highway to the west and 108th Avenue SE (SR 515, Benson Highway) to the east. SECTION 2, — Findings and Special Benefit. 2.1 Recitals A through G, above, are incorporated herein by this reference. 2.2 The Findings, Conclusions and Recommendations ("Findings") regarding LID 363, attached hereto as Appendix A, are incorporated herein by this reference as the decision of the Council, sitting and acting as a Board of Equalization, on the protests regarding the assessment roll for LID 363. 2.3 The method of assessment or combination of methods used by the City to compute the assessments, as supported by the Special LID 363 Final Assessment Roll 3 Benefit Study (Findings, at General Paragraph 9) is deemed to more fairly reflect the special benefits to the properties being assessed. 2.4 Each of the lots, tracts, parcels of land, and other property shown upon the assessment roll as determined in the Findings are declared to be specially benefited by the LID No. 363 improvements in at least the amount charged against the same, and the assessment appearing against each property is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract, or parcel of land and other property appearing upon the roll the amount finally charged against them as shown on the roll. SECTION 3, —Notice of Roll. The assessment roll as approved and confirmed shall be filed with the Finance Director of the City for collection, and the Finance Director is authorized and directed to publish notice as required by law stating that the roll is in the Director's hands for collection and that payment of any assessment or any portion of such assessment can be made at any time within thirty (30) days from the date of first publication of that notice without penalty, interest or cost and that, thereafter, the sum remaining unpaid may be paid in fifteen (15) equal installments of principal together with accrued interest. The estimated interest rate is stated to be 4.5% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 363. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30) day period commencing one year after the date of first publication by the Finance Director of notice that the assessment roll is in his hands for collection, and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of LID 363 Final Assessment Roll 4 the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty (30) day period during which such installment is due and payable shall be delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge under Kent City Code Section 3.22.030 of a penalty levied on both principal and interest due upon that installment equal to the rate fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 363 plus five (5) percent. All delinquent installments also shall be charged interest at the rate as determined above. The collection of delinquent installments shall be enforced in the manner provided by law. SECTION 4, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTIONS. — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 6, — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR LID 363 Final Assessment Roll 5 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12012. APPROVED: day of 12012. PUBLISHED: day of 12012. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK LID 363 Final Assessment Roll 6 EXHIBIT A — PAGE 1 08/20fl2 FINDINGS, CONCLUSIONS AND RECOMMENDA,riONS REGARDING. Ull)363 Pursuant to notice, the final assessment roll hearing oil 1,11) 363 was field oll July 25, 2012, in the Kent City Hall, Kent, Washington. The hearing was called to order at 130 inn, The hearing was conducted by the City Council's llubfic Works Committee consisting of Council members F.lizabeth Albertson, Chair, Dennis Higgins and Dana Ralph. 1�011i)Willg ConCILISion of all testimony, the Committee submits those Findings offnct,Conclusions and Recorn men dati oils, 1. FINDINGS OF FACr A. GENERAL FINDINGS 1 1,11) 363 wris bonned pursuant to Ordinanev 3896, passed by the Gty (;omwd on January 9, 2009, nic im) was created to construct a roadway beginning at the intersectinn of Faql Valley Highway and S.224" Street via S.2 1 ROM Oth Sircet, terminating at the in tomection of Itemon Road and S. 2161h and related improvements needed to complete the roadway, 2. fliese road iniprovcrinkirits have been part of[tic Cit)'s Comprehensive 'I runsporlution Plan,the(,ily's 6 Year'l ranspoinition Improvenlent Plan and the Green River Valley Transportation Action Phin for miany years and arn necessary for development of that portion of the City. 3. Beginning in the 1980's,the(Ity used a variety of agreements in allow developers to improve their property poor to these street improvenients being installed, 'I lickie agrecnierns included 1,11)agrecilienis and what have been call"i Environmental Mifigulion Agreements(UMA's). The form of these agreements 11a Varied ever the years,but all were designed to allow duvelopinent to Inucced Willi diiVelopontril of their properly jR advance ofaetual comiruclioo orilic street inijacivements. 4. The FMA's eslablkhed a metue;10 dulerminu the arnount ofimpkiet that a propowd project would have Lin the need for street improverneins and farther pr(Mited the owners with the right to submit traffic studies if the owners determined Ghat the amount of mitigation was too high, 'I'liese studies were required to be submitted Ahbin a specified nine, EXHIBIT A — PAGE 2 08/20/12 5, LID 363 consists exclusively of properties that have,previously signed an FMA and thus were allowed to develop without the necessary transportation infrastructure being in place. 6. '['here are 840 parcels included wnhin the 1,11). Of these,460 properties have prepa&d as is ullowed under the FMA's, Payment of the FMA agreed amount or the arnount assessed under this LID satisfies the City's iraflic impact fee requirmcni %Onch was saarwd in 2010, 7, At the beginning of the mecting the Cluar announced that property ownm had In file avvriften protest in order liar the protest to lie heard. She gave the properly owners until 2 I)m to file a written protest. 8, For all protesin that were received,the Cilly provided the Committee with a copy oaf the EMA signed by tile owner or the owner's prCdeCe.S.SorS. 'I'lle I"MA's had all been recorded with King County and would have shown oil as an exception oil any title report ii'llic property were sold, 9. The City presented Mr. Robert Macaulay,air MAI appraiser. Mr Macaulay tosfifi.d regarding his special benefit study and the methodology he used to determine special benefits, In his opinion, all the properties in the LID that lie appraised had special benefits in excess of tie arriount of the assessment. B. FINDINGS AS TO SITCIFICAYROIlERTIES I lrawlq Ounawan-Muturi. 'I he property owner did not appear m: present witnesses. 1be protest letter state(] that the owner did riot believe the project unproved his property values. 2. D&I 11,11C, The properly manager for the owner,Mr. Griffen testified that the amount oftlic assessment was too high ,for the property,especially since the property wms,vubject to another 1,11)asseminern. 3. Antonio Sican. No one appeared for the owner. The owner's protest letter indicated that the owner does not use Oic roads that are to be improved. 4. Kathie Severine, No one appeared Jbr lie Owner_ rjlho owner's� prof letter indiuned that tire owner does not use the roads that are to be improved, 5 Connie Corwin. No one appeared finr the owner. The owner's proiest ICHW, indicated Unit tire owner does not use the roads that are to he improved. The owrier also indicated that a neighbor is not being assessed and 1hal she cannot got an uppiuisal for mad work riot done. 6, Public StOrOger No one appeared for the owner. Me proiesit letter,indicated that there wore no special benefits to the property, EXHIBIT A — PAGE 3 0812W 12 T Edward Kaminski, No one appeared fin the owner. ]lie protest letter dealt with the City assuming King County obligations. & Seth and Jetta LaRiviere, No tine appeared ror the owners. 'rhe proleM letter indicated that there were no special benefits to the property. 9. Mary Stewart. Ms Stewart testified that her work hours and driving habits mean that sloe does not use the project sweets daring the evening rush hour when the tiallic impacts to the street system were measured, 10. Lmoia Williams. No one apilcmd for the owim, ]"he protest letter indicated that file project would not henefit the owner as the, owner soldonT drives(lie project streets and is retired. 11. Liffic Rainwater-Johnson. No one appeared lot,the owner. Ile protest letter indicated that the project would not benefit the owner as the ownerseldont drives the project streets, 12. RRUT America RFlT 11 Corp Z, No one appeared for the owner. 'llic protest Metter stated that the properties were subject to assessment for 1,11) 362 and the ultal amount ol"assussmuntg would be a undue hardship on the businesses occupying the properties. 13. Stephen and Brenda Lau. No one appeared for the owners 'I he protest letter indicated that they do not believe the property wiU increase in value, 14. Justin Stack, No one appeared for the owners, 'I lie protest letter oblected to the time ol'the hearing and the need lot-an appraisal. The protest letter also questioned whether the project would provide henefits to the, owners. 15, Sue Bramhon, No one appeared for the owner. The protest letter questioned the benefit of the project and indicated that the King County Assessor has shown no increased in property value as a result of the project. 16. McOowun Trust. No one appeared l'or the owner. The protest letter questioned whether there were any special benefits to the property and also questioned the assessment methodology. 7, Svctlana Laurel and Mike Chifizia, No one ippelired for the owners. The protest letter indicated there would be no special bunclits for the property. "the owners also questioned the equities of tine assess rrents. 18. 11 I'Berkeley I leighis Apartments LLC. flie owner was represented by its legal counsel. the City and the owner reached a stipulated settlement detailed bek)w. 19, lioliday lawn Hotel & Suites. Mr, Bailey Stoller appeared as the owner's agent. He submitted a trafUconsultant's report which indicated that there were an estimated 03 PM peak hour trips generared from the property. Since the VMA EXHIBIT A — PAGE 4 08/20JI2 estimated (here would be W tips,the amotiiitc)F payment cstabliilmd fay the EMA was significantly higher. The naffic consullarn concluded that the property shoidd only be required to pay S134,220.2d based on the reduced number ofiripg. Public records show that the current owners acquiked the property in2004. The owner bad no Cxplariation w5 to Wily they did not submit a traffic report within the time as specHied in Section 2.2.5 of the LMA. 20, Christine Dougherty, Ms Doligherty testified that her property is suffering, from drainage issues occurring on Ord Ave S which handers her property. She is coneorred about future drainage problcrn arising from the project, 21. Jeff 01well. Mr. Obvell testified than he bought the property in 1999 and was not aware of the EMA. 21 funerald Place One LLC. J lie owner, Mr, 'rerkla appeared along with])is iegal counsel. Mn 'perkla testified lie bought the property from foreclosure and did not read the EMA, although the FMA was rcfeivoc"I in the title repolt. I'lic property is currently used as art office building and warchouse and is nor suitable for retail as the property sits back from tile main street. Of the current teriants only one secretary leaves at five. The rest of the tenants' employees all arrive after 0 pill as they are in the janitorial business. The owner submitted an appraisal from Fred Strickhmd, MAI dated February 10, 20K 'I'lic appraisal did not appear to comWin-the efi'cci,of the EMA and concluded that there was no change in value to the propose(] road project. The appraisal assumed the property as improved, with the road prajeel and without the road project. The EIMA recites that the then current owner was seeking to construct two retail hinklings oil the property which would cause certain crivironmentid and traffic nnpsueM,s, I'llc: FWA den,crilbes the levee of impacts and the Ilroposedniifigation which consists of the project improvements. The owner agrees to pay mitigation bused on the number of trips estimated from the development, As with other EIMA's the owner is given a certain firnefi-arne to provide the City with any trafflicstudies thatWOUld Show f'cwv,r trips than are estimated. 23, Kenneth and Anne Mills. Ms Mills testified that she moved into the house after the LMA was signed, 24. 2000 Investors LLC, I'lio; is the Days hat I lotel. Mr. 13ailey Sieber appeared as agent for the owner-. No protest letter was submitted only a traffic consultant's report. The traffic consultant's report indiiattes,thak the FMA was based on 55 I'M peak(rips whereas the report sbows 33 PM peak trips generated by the property. 'Therefore the assessment should be$70,305.84 'Ilic owner did not explain why ffic traffic rcport was not submittvd in the time required by Section 2 2.6 of the FMA, 11. CONCLUSIONS EXHIBIT A — PAGE 5 OSJ20/12 A. General Conclusions L Any conclusion deemed to be as finding shall he so considered. 2. Special benefits are measurable increases in the value of real property in excess of' any enhancement to the general area. It is, measured as the dillorcrice between the inaiket value of the property without the 1,11), project and the market value with the 1,11) project assumed completed. 3. Initially, the City is favored with certain prcaUulj)ti0fl.S: that the inipiovenicias are a licrioliv to the property within the LID, the ,assessment is no greater than the bcnefit,lhe assessment is uqual or ratable to the assessment,,upon odoer properties similarly situated, and the assessment is fair,' The property owner has the burden of producing evidence to rebut these presumptions, it the property Owiler presents sufficient evidence to rebut the presumptions (generally through appraisal testurnony or other evidence of property value with and without the projcc( improvements), [lie City has the ultimate burden of showing special benefijus.l 4. The City followed the legally required provisions With regard to notice. Beyond the legal minimums, [lie City engaged in as series of meetings with the property OWDUS over the progress of the 1,11). B. COFICIUNions As To Particular Properties I porsuaia to stipulation,the assessment for Must 18, 1,11)parcels 05 eased ()6 is reduced to$21.1,049 to be divided 70% to parcel 65 and 30%to parcel 66, 2, The following property owners have failed to overcome the presumptions in favor of the Chy's final assessment roll: All property owners; except prolesil 22, Lincrald I'lace One LLC. 3. Holiday hill property,protest 19 and 2000 Investors 11C, Protest 24.111c, INA provided a time within which the owner could submit traffic studies to (ictiioii,qi,atci'ewci-peak lia)Lirtri]isl'roin the developiticiit, The owner's lraffic study wns, only presented at the hearing giving the City no throe to properly analyze ear respond. Since each owner acquired the property before the tral:fil c studies were due and thus had the opportunity to provide the City with the studies in a timely tinalmer but chose not to do so, the Committee concludes that the studies should be rciectodon that basis. 4. With regard to Emerald Place One LLC, Protest 22, the Conionillec agrees will] the staff that W Strickland's appraisal did not consider the effect(if the FMA In Ro Indian lroul I runk Snym 35 Wash,App.NU(1983) Ul Wix.2d 397(1993) EXHIBIT A — PAGE 6 08/20/12 and thas is based on a flawed premise. I'he irnprove�inent on the owner's property would not have been built Wid]Mt Mitigation of the firaffic innpac" The fienner owner agreed to mingation those impacts by agreeing to formation of the LID and paying assessments based on trips generated. Without such aweement to ninikatc,or actual mitigation,the property would not be improved. "thus, the Coninnitce rejects the conclusions of the Strickland appraisal, fhe Macaulay appraisal,on the other hand, considers, the effect of the FMA in estimating the difference in fair market value and thus is credible and based on accurate assumptions. 5. Ae Committee jecluests the City Attorney to provide information to those property owners who may appear to qualify as to the process, fiar claiming an exemption front payineat of the assessment under state law. This would include Mrs. Williams,protest 10, 6. file Committee is conumed regrading the firlanckt9 impacts orcurtain prolmfios having To bear the costs of twat or more lAD assess tints. While individually fafir, the cumulafive effects could harm the businesses and property owners to an messive degree. 'fhe Conarronee recornmends the Council adcbess this issue:. Ill. RECOMMENDATIONS Based on the lbrcgoinL,the Cominklee makes the following recommendations: I Protest 18, parcels 65 and 66 assessments should be reduce(] and allocated in accordance with the stipulatton set forth above. 2. All other assessments should remain as set forth on the Final 2"sessincin 1011 Ind all other protests should be denied DA'ITM this day of'August, 2012 X 1-1 izabefli'Al[icrison, Chair Dennis Higgins EXHIBIT A — PAGE 7 08/20/12 Dana Ralph Date of Mailing:ailing:,___.__ KENT Agenda Item: Other Business — 8B TO: City Council DATE: October 16, 2012 SUBJECT: Business & Occupation Tax Ordinances MOTION: Move to adopt Ordinance No. adopting a new chapter 3.28 to the Kent City Code entitled, "Business and Occupation Tax Gross Receipts," and establishing an effective date; and Ordinance No. , adding a new section 3.29 to the Kent City Code entitled, "Business and Occupation Tax — Administrative Provisions." SUMMARY: These two ordinances were presented during the special city council workshops on Tuesday, October, 2nd and October 6th. The versions included in this packet, though nearly final, are still indicated as "draft," subject to changes required by council or recommended by staff at the Saturday, October 13th workshop and the Tuesday, October 16th workshop prior to the 7:00 p.m. regular meeting. If revisions are requested by the city council, revisions will be made and updated versions of these ordinances will be provided in hard-copy form at the October 16, 2012 meeting. EXHIBITS: Ordinances RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Income from revenues, expenses related to implementation and financial management. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adopting a new Chapter 3.28 to the Kent City code entitled, "Business and Occupation Tax Gross Receipts," and establishing an effective date. RECITALS A. One of the most important functions of a government, including municipal government, in setting and implementing tax policy is to strive for fairness, consistency, equity, and efficiency. B. In recognition, of concerns over the business and occupation (B & O) tax, and legislative' debates over how to address those concerns, the Association of Washington Cities (AWC) and six B & O tax jurisdictions formed a Task Force to analyze these issues. C. The Task Force, with the concurrence of the majority of other Washington cities levying gross receipts B & O taxes, has developed a model ordinance that creates greater uniformity and consistency among city gross receipts business and occupation taxes; includes a system of deductions to prevent multiple taxation of the same gross receipts; makes the city gross receipts business and occupation taxes simpler, more 1 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance predictable, and easier to administer; provides examples of activities that constitute "engaging in business" and establishes safe harbors for de minimis activities that a person may engage in without having to register or becoming subject to tax; and contains sufficient flexibility to provide local control over the city tax structure. D. The model ordinance also strives to minimize any major revenue impact on cities levying gross receipts B &.O tax; and retains local control over B & O tax rates, thus preserving "local control" and revenue- protection measure that are critical to all cities in the State of Washington. E. Adoption of the model ordinance is also vital in demonstrating to the Washington State Legislature that cities are sensitive to legitimate complaints over the local B & O tax and are serious about ensuring that it more fairly, equitably, consistently, and efficiently administered. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. New Chapter. A new Chapter 3.28 of the Kent City Code is hereby adopted CHAPTER 3.28 Business and Occupation Tax — Gross Receipts Sec. 3.28.010. Purpose. This section implements Washington Constitution Article XI, Sec. 12 and RCW 35A.82.020 and 35A.11.020, which gives municipalities the authority to license for revenue. In the 2 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance absence of a legal or constitutional prohibition, municipalities have the power to define taxation categories as they see fit in order to respond to the unique concerns and responsibilities of local government. The city of Kent has developed over the last half century into a major manufacturing/warehousing hub. However, due to recent changes in sales tax laws, the city no longer receives sufficient revenue from warehousing activities to support the transportation infrastructure needed serve warehouse activities. As a result, the city no longer generates sufficient revenue to maintain and operate its considerable past investment in local streets and arterial infrastructure. This ordinance, then, is intended to generate additional revenue to maintain, repair, and operate the city's existing transportation network and to cause those business entities that contribute most to the use and degradation of city streets to pay the most significant share of that cost. Sec. 3.28.020. Exercise of revenue license power. The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judicial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance,with the city code. Sec. 3.28028. Administrative Provisions. The administrative provisions contained in chapter 3.29 shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. 3 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance Sec. 3.28.030. Definitions. In construing the provisions of this chapter, the following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. A. "Advance," "reimbursement." (1) "Advance" means money or credits received by a taxpayer from a customer or client with which the taxpayer is to pay costs or fees on behalf of the customer or client. (2) "Reimbursement" means money or credits received from a customer or client to repay the taxpayer for money or credits expended by the taxpayer in payment of costs or fees of the customer or client. B. "Agricultural product," "farmer." (1) "Agricultural product" means any product of plant cultivation or animal husbandry including„ but not limited . to: A product of horticulture, grain cultivation, vermiculture,`viticulture, or aquaculture as defined in RCW 15.85.020;plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85,020, or a bird, or insect, or the substances obtained from such an animal. "Agricultural product" does not include animals intended to be pets. (2) "Farmer" means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever,:for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a 4 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. C. "Business." "Business" includes all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly. D. "Business and occupation tax." "Business and occupation tax" or "gross receipts tax" means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business. E. "Commercial or industrial use." "Commercial or industrial use" means the following uses of products, including by-products, by the extractor or manufacturer thereof: (1) Any use as a. consumer; and (2) The manufacturing of articles, substances or commodities; F. "Competitive telephone service." "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under Title 80 RCW and for which a separate charge is made. G. "Consumer." "Consumer" means the following: (1) Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property irrespective of the nature of the person's business and including, among others, without limiting the 5 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for a consumer other than for the purpose of: (a) resale as tangible or intangible personal property in the regular course of business; (b) incorporating such property_ as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers; (c) incorporating such 'property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a.chemical reaction directly through contact with an ingredient of a new product; or (d) consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; (2) Any person engaged in any business activity taxable under section 3.28.050(2)(g); (3) Any person who purchases acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business; (4) Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in section 3.28.030, other than for resale in the regular course of business; (5) Any person who is an end user of software; (6) Any person engaged in the business of "public road construction" in respect to tangible personal property when that person incorporates the tangible personal property as an ingredient or component of a publicly-owned street, place, road, highway, easement, right-of-way, 6 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right- of-way of a publicly-owned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly-owned mass public transportation terminal or parking facility; (7) Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; (8) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; (9) Any person engaged in "government contracting." Any such person shall be a consumer within the meaning of this subsection in respect to tangible' personal property incorporated into, installed in, or attached to such building or other structure by such person. Nothing contained in this or any other subsection of this section shall be construed to modify; any other definition' of "consumer." H. "Delivery" means the transfer of possession of tangible personal property between the seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer's representative first takes physical control of the property or exercises dominion and control over the property. Dominion and control means the buyer has the ability to put the property to the buyer's own purposes. It means the buyer or the buyer's representative has made the final decision to accept or reject the property, and the seller 7 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer's representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping company nor a seller can serve as a buyer's representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (Title 62A RCW) do not determine .when or where delivery of tangible personal property occurs for purposes of taxation. I. "Director." "Director" means the finance director of the city or any office, agent or employee of the city designated to act on the director's behalf. J. "Digital automated service, "digital code," and "digital goods." "Digital automated service," "digital code," and "digital goods" have the same meaning as in RCW 82.04.192. K. "Digital products." "Digital products" means digital goods, digital codes, digital automated services, and the services described in RCW 82.04.050(2)(g) and (6)(b). L. "Eligible gross receipts tax." The term "eligible gross receipts tax" means a tax which: 8 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (1) Is imposed on the act or privilege of engaging in business activities within section .050; and (2) Is measured by the gross volume of business, in terms of gross receipts and is not an income tax or value added tax; and (3) Is not, pursuant to law or custom, separately stated from the sales price; and (4) Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right or a privilege; and (5) Is a tax imposed by a local jurisdiction, whether within or without the State of Washington, and not by a country, state, province, or any other non-local jurisdiction above the county level. M. "Engaging in business." (1) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well: as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (2) This section sets forth 'examples of activities that constitute engaging in business in the city;, and establishes safe harbors for certain of those activities so that a, person who meets the criteria may engage in de minimis business activities in the city without having to register and obtain a business license or pay city business and occupation taxes. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (1). If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. 9 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (3) Without being all inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license. (a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. (b) Owning, renting, leasing, using or maintaining, an office, place of business, or other establishment in the city, (c) Soliciting sales. (d) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. (e) Providing technical assistance or service, including quality control, product inspections,, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. (f) _ Installing, constructing, or supervising installation or construction of, real or tangible personal property. (g) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (h) Collecting current or delinquent accounts. (i) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. U) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. 10 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. (1) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (m) Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (o) In-store stocking or manipulating products or goods, sold to and owned by a,.customer, regardless of where sale and delivery of the goods took place. (p) Delivering goods In vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (q) Accepting or executing a contract with the city, irrespective of whether goods or services are delivered within or without the city, ,or whether the person's office or place of business is within or without the city. (4) If .a person, or its employee, agent, representative, independent contractor,' broker or another acting on the person's behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license and pay tax. (a) Meeting with suppliers of goods and services as a customer. 11 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (b) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business.such as a member of a board of directors who attends a board meeting. (d) Renting tangible or intangible property as a customer when the property is not used in the city. (e) Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. (f) Conducting advertising through the mail. (g) Soliciting sales by phone from a Location outside the city. (5) A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license, provided: that it engages in no other business activities in the city. Such activities do not include those in subsection (4). (6) The city expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and, the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. N. "Extracting." "Extracting" is the activity engaged in by an extractor and is reportable under the extracting classification. 12 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance O. "Extractor." "Extractor" means every person who from the person's own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes fish, shellfish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others; or persons meeting the definition of farmer. P. "Extractor for Hire. "Extractor for hire" means a person who performs under contract necessary labor or mechanical services for an extractor. Q. "Gross income of the business. "Gross income of the business" means the !value proceeding or accruing by reason of the transaction of the 'business engaged in and includes gross proceeds of sales, compensation for the rendition .of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. R. "Gross proceeds of sales." "Gross proceeds of sales" means the value proceeding or accruing from the sale of tangible personal property, 13 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance digital goods, digital codes, digital automated services or for other services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. S. "Manufacturing." "Manufacturing" means the activity conducted by a manufacturer and is reported under the manufacturing classification. T. "Manufacturer," "to manufacture. (1) "Manufacturer" means every person who, either directly or by contracting with others for the necessary,, labor or mechanical ,services, manufactures for sale or for :commercial or industrial use from the person's own materials or ingredients any products. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to less than twenty percent (20%) of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a, processor for hire, and not a manufacturer. A business not located in this city that is the owner of materials or ingredients processed for it in this city by a processor for hire shall be deemed to be engaged in .business as a manufacturer in this city. (2) "To manufacture" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include: (a) The production of special made or custom made articles; 14 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (b) The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; (c) Crushing and/or blending of rock, sand, stone, gravel, or ore; and (d) The producing of articles for sale, or for commercial or industrial use from raw materials or prepared materials by giving such materials, articles, and substances of trade or .commerce new forms, qualities, properties or combinations including, but not limited to, such activities as making, fabricating, processing, refining, mixing, slaughtering, packing, aging, curing, mild curing, preserving, canning, and:the preparing and freezing of fresh fruits and vegetables. . "To manufacture" shall not include the production of digital goods or the production of computer software if the computer software is delivered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. U. "Newspaper, "magazine," "periodical." "Newspaper" means a publication offered for sale regularly at stated intervals at least once a week and ,printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. "Magazine, or periodical" means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication. Any publication meeting this definition qualifies regardless of its content. 15 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance V. "Non-profit corporation or non-profit organization." "Non-profit corporation or non-profit organization" means a corporation or organization in which no part of the income can be distributed to its members, directors, or officers and that holds a current tax exempt status as provided under Sec. 501(c)(3) of the Internal Revenue Code, as hereafter amended, or is specifically exempted from the requirement to apply for its tax exempt status under Sec. 501(c)(3) of the Internal Revenue Code, as hereafter amended. Where the term non-profit organization is used, it is meant to include a non-profit corporation. W. "Office", "place of business." "Office" or "place of business" means a fixed location or permanent facility where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal Sdominion and control. The regular business of the person is presumed conducted at a location: (1) Whose address the person uses as its business mailing address; (2) Where;the place of primary use is shown on a telephone billing or a location containing a telephone line listed in a public telephone directory or other similar publication'under the business name; (3) Where the person holds itself out to the general public as conducting ,its regular business through signage or other means; and (4) Where the person is required to obtain any appropriate state and local business license or registration unless they are exempted by law from such requirement. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or place of business. A post office box is not an office or place of business. If a person has an office or place of business, the person's home is not an office or place of business unless it meets the criteria for office or place of 16 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance business above. If a person has no office or place of business, the person's home or apartment within the city will be deemed the place of business. X. "Person." "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co- partnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the State of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise and the United States or any instrumentality thereof. Y. "Processing for hire. "Processing for hire" means the performance of labor and mechanical services; upon materials or ingredients belonging to others so that as a result a new, different or useful product is produced for sale, or commercial or industrial use. A processor for hire is any person who would be a manufacturer if, that person were performing the labor and mechanical services upon that person's own materials or ingredients. If a ;person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to twenty percent (20%) or more of the total value of all materials or ingredients that become a part of the finished,product the person will be deemed to be a manufacturer and not a processor for hire. Z. "Product", "Byproduct." "Product" means tangible personal property, including articles, substances, or commodities created, brought forth, extracted, or manufactured by human or mechanical effort. "Byproduct" means any additional product, other than the principal or intended product, which results from extracting or manufacturing activities 17 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance and which has a market value, without regard to whether or not such additional product was an expected or intended result of the extracting or manufacturing activities. AA. "Retailing." "Retailing" means the activity of engaging in making sales at retail and is reported under the retailing classification. BB. "Retail Service." "Retail service" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, ' admission, and other service emoluments however designated, received by persons engaging in the following business activities: (1) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basketball, racquet ball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others, when provided to consumers. "Amusement and recreation services" also include the provision of related facilities such as .basketball courts, tennis courts, handball courts, swimming pools, ;and charges made for providing the opportunity to dance. The term "amusement and recreation services" does not include instructional lessons to learn a particular activity such as tennis lessons, swimming lessons, or archery lessons. (2) Abstract, title insurance, and escrow services; (3) Credit bureau services; (4) Automobile parking and storage garage services; (5) Landscape maintenance and horticultural services but excluding (i) horticultural services provided to farmers and (ii) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility; 18 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (6) Service charges associated with tickets to professional sporting events; and (7) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating services. (8) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator. CC. "Sale," "casual or isolated sale." (1) "Sale" means any transfer of the ownership of, title to, or possession of, property for a valuable consideration andincludes any activity classified as a "sale at retail," "retail sale," or "retail service." It includes renting or leasing, conditional,sale contracts, leases with option to purchase, and any, contract under which possession of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whether consumed upon the premises or not. (2) "Casual or isolated sale" means a sale made by a person who is not engaged in the business of selling the type of property involved on a routine or continuous basis. DD. "Sale at retail," "retail sale." (1) "Sale at retail' or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal 19 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who: (a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or (b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or (c) Purchases for the purpose of consuming, the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the „primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or (d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or (e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail' or "retail sale" even though such property is resold or utilized as provided in (a), (b), (c), (d), or (e) of this subsection following such use. 20 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (f) Purchases for the purpose of satisfying the person's obligations under an extended warranty as defined in subsection (7) of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. (2) "Sale at retail" or "retail sale" also .means every sale of tangible personal property to persons engaged in any business activity which is taxable under section 3.28.050(2)(g). (3) "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: (a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal ;property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges trade for the , use of coin-operated laundry facilities when such facilities are situated in an apartment house, rooming house, or mobile home park for the exclusive use of the tenants thereof, and also excluding sales of laundry 'service to nonprofit health care facilities, and excluding services rendered in respect to live animals, birds and insects; (b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; (c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or 21 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; (d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor, cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting„ (e) The sale of or .charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW;; (f) The sale of and charge made for the furnishing of lodging , and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous period of one month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; 22 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (g) The installing, repairing, altering, or improving of digital goods for consumers; (h) The sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b), (c), (d), (e), (f), and (g) of this subsection when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail' or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of this section and nothing contained in subsection (1)' of this section shall be construed to modify this subsection. (4) "Sale at retail" or "retail sale" shall also include the providing of competitive telephone service to consumers. (5)(a) "Sale at retail" or "retail sale" shall also include the sale of prewritten software' other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user. For purposes;of this subsection (5)(a) the sale of the sale of prewritten computer software includes the sale of or charge made for a key or an enabling or activation code, where the key or code is required to activate, prewritten computer software and put the software into use. There is no,separate sale of the key or code from the prewritten computer software, regardless of how the sale may characterized by the vendor or by the purchaser. The term "sale at retail" or "retail sale" does not include the sale of or charge made for: (i) Custom software; or (ii) The customization of prewritten software. (b)(i) The term also includes the charge made to consumers for the right to access and use prewritten computer software, where 23 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance possession of the software is maintained by the seller or a third party, regardless of whether the charge for the service is on a per use, per user, per license, subscription, or some other basis. (ii)(A) The service described in (b)(i) of this subsection 5 includes the right to access and use prewritten software to perform data processing. (B) For purposes of this subsection (b)(ii) "data processing" means the systematic performance of,operations on data to extract the required information in an appropriate form or to convert the data to usable information. Data ;processing includes check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. (6) "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in ,respect to the building, repairing, or improving of any street, place, road, ,highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the State of Washington, or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation Vehicles of any kind. (7) "Sale at retail" or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, "extended warranty" means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term "extended warranty" does not include an agreement, otherwise meeting the definition of extended warranty in this subsection, if no separate charge is made for the agreement and the value 24 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance of the agreement is included in the sales price of the tangible personal property covered by the agreement. (8) "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82'RCW, ,including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. (9) "Sale at retail" or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. ,Nor shall the term include the ,sale of services or charges made for cleaning up for the United States, or its instrumentalities,, radioactive waste and other byproducts of weapons production and nuclear research and development. (10) "Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and ,services rendered for environmental remedial action. (11) "Sale at retail" or "retail sale" shall also include the following sales to consumers of digital goods, digital codes, and digital automated services: (a) Sales in which the seller has granted the purchaser the right of permanent use; (b) Sales in which the seller has granted the purchaser a right of use that is less than permanent; (c) Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and 25 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (d) Sales in which the purchaser is obligated to make continued payment as a condition of the sale. A retail sale of digital goods, digital codes, or digital automated services under this subsection 3.28.030.DD(11) includes any services provided by the seller exclusively in connection with the digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services. For purposes of this subsection, "permanent' means perpetual or for an indefinite or unspecified length of time. A right of permanent use is presumed to have been granted unless the agreement between the seller and the purchaser specifies or the circumstances surrounding the transaction suggest or indicate that the right to, use terminates on the occurrence of a condition subsequent. (12) "Sale at retail" or "retail sale" shall also include the installing, repairing, altering, or improving of digital goods for consumers. EE. "Sale at wholesale," "wholesale sale." "Sale at wholesale" or "wholesale sale" means any sale of tangible personal property, digital goods, digital codes, digital automated services, prewritten computer software, or services described in section 3.28.030.DD(5)(b)(i), which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property and retail services, if such charge is expressly defined as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also includes the sale of telephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. FF. "Services." "Services" includes those activities that do not fall within one of the other tax classifications used by the city. 26 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance GG. "Software", "prewritten software," "custom software," "customization of canned software," "master copies," "retained rights." (1) "Prewritten software" or "canned software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software,''Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than such purchaser. Where .a person modifies or enhances computer software of which such persons is not the author or creator, the person shall be deemed to be the author or creator only of the person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; however where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for the modification or enhancement, the modification or enhancement shall not constitute prewritten computer software. (2) "Custom software" means software created for a single person. (3) "Customization of canned software" means any alteration, modification, or development of applications using or incorporating canned software to specific individualized requirements of a single person. Customization of canned software includes individualized configuration of software to work with other software and computer hardware but does not include routine installation. Customization of canned software does not 27 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance change the underlying character or taxability of the original canned software. (4) "Master copies" of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy. (5) "Retained rights" means any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, publisher, licensor, sublicensor, or distributor. (6) "Software" means any information, program, or routine, or any set of one (1) or more programs, routines, or collections of information used, or intended for use, to convey information that causes one or more computers or pieces of computer-related peripheral equipment, or any combination thereof,to perform a task or set of tasks. "Software" includes the associated documentation, materials, or ingredients regardless of the media upon which that documentation is provided, that describes the code and its use, operation, and maintenance and that typically is delivered with the code to the consumer. All software is classified as either canned or custom. HH. "Taxpayer." "Taxpayer" means any "person", as herein defined, required to have a::business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who performs any act for which a tax or fee is imposed by this chapter. 28 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance II. "Tuition fee." "Tuition fee" includes library, laboratory, health service and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. "Educational institution," as used in this section, means only those institutions created or generally accredited as such by the state and includes educational programs that such educational institution cosponsors with a non-profit organization, as defined by the Internal Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants college credit for coursework successfully completed through the educational program, or an approved branch campus of a foreign degree-granting institution in compliance with chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85,01.0(3) and accredited by an accrediting association recognized by the United States secretary of education, and offering to students an educational program of a general academic nature or those institutions which are not operated for profit and which are privately;endowed under a deed of trust to offer instruction in trade, industry,. and agriculture, ;but not including specialty schools, business colleges, other trade schools, or similar institutions. I]. "Value proceeding or accruing." "Value proceeding or accruing" means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer. KK. "Value of products." 29 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (1) The value of products, including by-products, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the purchaser or from any other person with respect to the extraction, manufacture, or sale of such products or by-products by the seller. (2) Where such products, including by-products, are extracted or manufactured for commercial or industrial use; and where such products, including by-products, are shipped, transported or transferred out of the city, or to another person, without ` prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds from sales in this state of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses ordinarily payable by the,purchaser,or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide, to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufactured, including direct and indirect overhead costs. The director may prescribe rules for the purpose of ascertaining such values. (3) Notwithstanding subsection (2) above, the value of a product manufactured or produced for purposes of serving as a prototype for the development of a new or improved product shall correspond to: (a) the retail selling price of such new or improved product when first offered for sale; or (b) the value of materials incorporated into the prototype in cases in which the new or improved product is not offered for sale. 30 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance LL. "Wholesaling." "Wholesaling" means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification. Sec. 3.28.040. Agency — sales and services by agent, consignee, bailee, factor or auctioneer. (1) Sales in own name - sales or purchases as agent. Every person, including agents, consignees, bailees, factors or auctioneers having either actual or constructive possession of tangible personal property or having possession of the documents of title thereto, with power to sell such tangible personal property in the person's own name and actually so selling shall be deemed the seller of such tangible personal property within the meaning of this chapter. The burden shall be upon the taxpayer in every case to establish the fact that such taxpayer is not engaged in the business of selling tangible personal property but is acting merely as broker or agent in promoting sales or making, purchases for a principal. Such claim will be recognized only when the contract or agreement between such persons clearly establishes the relationship ,of principal and agent and when the following conditions are complied with; (a) The books and records of the broker or agent show the transactions were made :in the name and for the account of the principal, and show the name of the actual owner of the property for whom the sale was made, or the actual buyer for whom the purchase was made. (b) The books and records show the amount of the principal's gross sales, the amount of commissions and any other incidental income derived by the broker or agent from such sales. The principal's gross sales must not be reflected as the agent's income on any of the agent's books and records. Commissions must be computed 31 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance according to a set percentage or amount, which is agreed upon in the agency agreement. (c) No ownership rights may be conferred to the agent unless the principal refuses to pay, or refuses to abide by the agency agreement. Sales or purchases of any goods by a person who has any ownership rights in such goods shall be taxed as retail or wholesale sales. (d) Bulk goods sold or purchased on behalf of a principal must not be co-mingled with goods belonging to another principal or lose their identity as belonging to the particular principal. Sales or purchases of any goods which have been co-mingled or lost their identity as belonging to the principal shall be taxed as retail or wholesale sales. (2) If the above requirements are not met the consignor, bailor, principal or other shall be deemed a seller of such property to the agent, consignee, bailee, factor or auctioneer. (3) Services in own name - procuring services as agent. For purposes of this subsection, an agent is a person who acts under the direction and control of the;principal in procuring services on behalf of the principal that the ,person could not itself render or supply. Amounts received by an , agent for the account of its principal as advances or reimbursements are exempted from the measure of the tax only when the agent is not primarily or secondarily liable to pay for the services procured. Any person who claims to be acting merely as agent in obtaining services for a principal will have such claim recognized only when the contract or agreement between such persons clearly establishes the relationship of principal and agent and when the following conditions are complied with: (a) The books and records of the agent show that the services were obtained in the name and for the account of the principal, and show the actual principal for whom the purchase was made. 32 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (b) The books and records show the amount of the service that was obtained for the principal, the amount of commissions and any other income derived by the agent for acting as such. Amounts received from the principal as advances and reimbursements must not be reflected as the agent's income on any of the agent's books and records. Commissions must be computed according to a set percentage or amount, which is agreed upon in the agency agreement. Sec. 3.28.050. Imposition of the tax - tax or fee levied. Except as provided in subsection (3) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the city, whether theperson's office or place of business be within or without the city. The tax shall be in amounts to be determined by application of rates against the square footage of business office or facility space within the city, and by application of Yates against the gross proceeds of sale, gross income of business, or value of products, including by-products, as the case may be, as follows: (1) Square footage tax. Upon every person who leases, owns, occupies, or otherwise maintains an office, warehouse, or other place of business within the city for purposes of engaging in business activities in the city, the tax shall be measured by the number of square feet of warehouse business floor space or other business floor space for each office, warehouse, or other place of business leased, owned, occupied, or otherwise maintained within the city during the reporting period, calculated to the nearest square foot. (a) The amount of the tax due shall be equal to the sum of the number of square feet of business warehouse floor space for each business warehouse leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of $0.03 quarterly for each calendar 33 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance year, and the number of square feet of other business floor space for each office or other place of business leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of $0.01 quarterly for each calendar year. (b) For purposes of this section, "business warehouse" means a building or structure, or any part thereof, in which goods, wares, merchandise or commodities are received or stored, whether or not for compensation, in furtherance of engaging in business. (c) For purposes of this section, "'other business floor space" means the floor space of an office or place of business, other than a business warehouse. (d) For purposes of this section, the square footage shall be computed by measuring to the inside finish of permanent outer building walls and shall include space used by columns and projections necessary to the building. Square footage shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, ,heating or ventilation shafts, janitor closets, and electrical or utility closets. (e) Persons with more :than one office, warehouse, or other place of business within the city must include all business warehouse floor space and other business floor space for all locations within the city. When a„person rents space to another person, the person occupying the rental space is responsible for the square footage business tax on that rental space only if the 'renter has exclusive right of possession in the space as against the landlord. Space rented for the storage of goods in a warehouse where no walls separate the goods, and where the exclusive right of possession in the space is not held by the person to whom the space is rented, and space rented out in "self-storage" facilities whereby customers have direct access to individual storage areas by separate entrances, shall be included in the warehouse business floor space of the 34 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance person that operates the warehouse business, and not by the business renting the warehouse space. (f) The director may promulgate rules and regulations regarding the manner, means and method of calculating the tax imposed under this section. (2) Gross receipts tax. (a) Upon every person engaging within the city in business as an extractor; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including by- products, extracted within the city for sale or for commercial or industrial use, multiplied by the rate of zero tenths of one percent (0.000). The measure of the tax is the value of the products, including by-products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the city. (b) Upon every person engaging within the city in business as a manufacturer, as to .such persons the amount of the tax with respect to such business shall be equal to the value of the products, including by- products, manufactured within the city, multiplied by the rate of five hundredths of one percent (0.0005)„ The measure of the tax is the value of the products, including by-products, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the city. (c) Upon every person engaging within the city in the business of making, sales at wholesale, as to such persons, the amount of tax with respect to ,such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of two tenths of one percent (0.002). (d) Upon every person engaging within the city in the business of making sales at retail, as to such persons, the amount of tax 35 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of five hundredths of one percent (0.0005). (e) Upon every person engaging within the city in the business of (i) printing, (ii) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (iii) publishing newspapers, magazines and periodicals, (iv) extracting for hire, and (v) processing for hire; as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of zero tenths of one percent (0.000). (f) Upon every person engaging within the city in the business of making sales of retail services; as to such persons, the amount of tax with respect to such: business shall be equal to the gross proceeds of sales multiplied by the rate of two tenths of one percent (0.002). (g) Upon every other person engaging within the city in any business activity other than or in addition to those enumerated in the above subsections; as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the "rate of two tenths of one percent (0.002). This subsection .includes, among others, and without limiting the scope hereof (whether or not title to material used in the performance of such business passes to another by accession, merger or other than by outright sale), persons engaged in the business of developing, or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. 36 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (h) Any person required to pay the gross receipts tax imposed in the chapter that also pays the square footage tax as imposed in section 3.28.050(1) may credit any amount due to the city pursuant to section 3.28.050(1) against the gross receipts tax for the same reporting period. (3) Tax thresholds. (a) The square footage tax imposed In this section shall not apply to any person whose total floor area of business office or facility space within the city does not exceed 500 taxable square feet. (b) The gross receipts tax 'imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including„by-products, as the case may be, from all activities conducted within the city during any calendar year is equal to or less than $500,000, or is equal to or less than $125,000 during any quarter if on a quarterly reporting basis.. Sec. 3.28.070. Multiple activities credit when activities take place in one or more cities with eligible gross receipt taxes. (1) Persons who engage in business activities that are within the purview of two (2) or more subsections of section 3.28.050 shall be taxable under each applicable subsection. (2) Notwithstanding anything to the contrary herein, if imposition of the city's tax would place an undue burden upon interstate commerce or violate constitutional requirements, a taxpayer shall be allowed a credit to the extent necessary to preserve the validity of the city's tax, and still apply the city tax to as much of the taxpayer's activities as may be subject to the city's taxing authority. (3) To take the credit authorized by this section, a taxpayer must be able to document that the amount of tax sought to be credited was paid upon the same gross receipts used in computing the tax against 37 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance which the credit is applied and that the taxpayer paid the amount of tax sought to be credited. (4) Credit for persons that sell in the city products that they extract or manufacture. Persons taxable under the retailing or wholesaling classification with respect to selling products in this city shall be allowed a credit against those taxes for any eligible gross receipts taxes paid (a) with respect to the manufacturing of the products sold in the city, and (b) with respect to the extracting of the products, or the ingredients used in the products, sold in the city. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the sale of those products. (5) Credit for persons that manufacture products in the city using ingredients they extract. Persons taxable under the manufacturing classification with respect to manufacturing products in this city shall be allowed a credit against those taxes for any eligible gross receipts tax paid with respect to extracting„the ingredients of the products manufactured in the city. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the manufacturing of those products. (6) !: Credit for persons that sell within the city products that they print, or publish and print. Persons taxable under the retailing or wholesaling classification with respect to selling products in this city shall be allowed a credit against those taxes for any eligible gross receipts taxes paid with respect to the; printing, or the printing and publishing, of the products sold within the city. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to the sale of those products. Sec. 3.28.075. Deductions to prevent multiple taxation of certain manufacturing activities involving more than one city with an eligible gross receipts tax. Person manufacturing products within 38 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance and without the city. A person manufacturing products within the city using products manufactured by the same person outside the city may deduct from the measure of the manufacturing tax the value of products manufactured outside the city and included in the measure of an eligible gross receipts tax paid to the other jurisdiction with respect to manufacturing such products. Sec. 3.28.076. Assignment of gross income derived from intangibles. Gross income derived from the sale of intangibles such as royalties, trademarks, patents, or goodwill shall be assigned to the jurisdiction where the person is domiciled (its headquarters is located). Sec. 3.28.077. Allocation and apportionment of income when activities take place in more than one jurisdiction. Gross income, other than for persons subject to the provisions of chapter 82.14A RCW, shall be allocated and apportioned as follows: (1) Gross income: derived from all activities other than those taxed as service or royalties under section 3.28.050(2)(g) shall be allocated to the location where the activity takes place. (2) In the case of sales of tangible personal property, the activity takes place where delivery to the buyer occurs. (3) In the case of sales of digital products, the activity takes place where delivery to the buyer occurs. The delivery of digital products will be deemed to occur at: (a) The seller's place of business if the purchaser receives the digital product at the seller's place of business; (b) If not received at the seller's place of business, the location where the purchaser or the purchaser's donee, designated as such by the purchaser, receives the digital product, including the location 39 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance indicated by instructions for delivery to the purchaser or donee, known to the seller; (c) If the location where the purchaser or the purchaser's donee receives the digital product is not known, the purchaser's address maintained in the ordinary course of the seller's business when use of this address does not constitute bad faith; (d) If no address for the purchaser is maintained in the ordinary course of the seller's business, the purchaser's address obtained during the consummation of the sale, including ,the address of a purchaser's payment instrument, if no other address is available, when use of this address does not constitute bad faith; and (e) If no address for the purchaser is obtained during the consummation of the sale, ;the address where the digital good or digital code is first made available for transmission by the seller or the address from which the digital automated service .or service described in RCW 82.04.050 (2)(g) or (6)(b) was provided, disregarding for these purposes any location that merely provided the digital transfer of the product sold. (4) If none of the methods in subsection 3.28.077(3) for determining where the delivery of digital products occurs are available after a good faith effort by the taxpayer to apply the methods provided in subsections 3.28.07-7(3)(a) through 3.28.077(3)(e), then the city and the taxpayer may mutually agree to employ any other method to effectuate an equitable allocation of income from the sale of digital products. The taxpayer will be responsible for petitioning the city to use an alternative method under this subsection. The city may employ an alternative method for allocating the income from the sale of digital products if the methods provided in subsections 3.28077(3)(a) through 3.28.077(3)(e) are not available and the taxpayer and the city are unable to mutually agree on an alternative method to effectuate an equitable allocation of income from the sale of digital products. 40 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (5) For purposes of subsections 3.28.077(3)(a) through 3.28.077(3)(e), "Receive" has the same meaning as in RCW 82.32.730. (6) Gross income derived from activities taxed as services and other activities taxed under section 3.28.050(2)(g) shall be apportioned to the city by multiplying apportionable income by a fraction, the numerator of which is the payroll factor plus the service-income factor and the denominator of which is two. (a) The payroll factor is a faction, the numerator of which is the total amount paid in the city during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. Compensation is paid in the city if: (i) The individual is primarily assigned within the city; (ii) The individual is not primarily assigned to any place of business for the tax period and the employee performs fifty percent or more of his or her service for the tax period in the city; or (III) The individual is not primarily assigned to any place of business for the tax period, the individual does not perform fifty percent or more of his or her service in any city and the employee resides in the city. (b) The service income factor is a fraction, the numerator of which is .the total service income of the taxpayer in the city during the tax period, and the denominator of which is the total service income of the taxpayer everywhere during the tax period. Service income is in the city if: (i) The customer location is in the city; or (ii) The income-producing activity is performed in more than one location and a greater proportion of the service-income- producing activity is performed in the city than in any other location, 41 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance based on costs of performance, and the taxpayer is not taxable at the customer location; or (iii) The service-income-producing activity is performed within the city, and the taxpayer is not taxable in the customer location. (c) If the allocation and apportionment provisions of this subsection do not fairly represent the extent of the taxpayer's business activity in the city or cities in which the taxpayer does business, the taxpayer may petition for or the tax administrators may jointly require, in respect to all or any part of the taxpayer's business activity, that one of the following methods be used jointly by the cities to allocate or apportion gross income, if reasonable: (i) Separate accounting; " (ii) The use of;a single factor; (i ) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity in the city; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income, (4) The definitions in this subsection apply throughout this section., (a) "Apportionable income" means the gross income of the business taxable under the service classifications of a city's gross receipts tax, including income received from activities outside the city if the income would be taxable under the service classification if received from activities within the city, less any exemptions or deductions available. (b) "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to individuals for personal services that are or would be included in the individual's gross income under the federal internal revenue code. 42 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (c) "Individual' means any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee of that taxpayer. (d) "Customer location" means the city or unincorporated area of a county where the majority of the contacts between the taxpayer and the customer take place. (e) "Primarily assigned" means the business location of the taxpayer where the individual performs his or her duties. (f) "Service-taxable income" or "service income" means gross income of the business subject to tax under either the service or royalty classification. (g) "Tax period" means the calendar year during which tax liability is accrued. If taxes are ,reported by a taxpayer on a basis more frequent than once per year, taxpayers shall calculate the factors for the previous calendar ,year for reporting in the current calendar year and correct the reporting for the previous year when the factors are calculated for that year, but not later than the end of the first quarter of the following year. (h) , "Taxable in the customer location" means either that a taxpayer is subject to a gross receipts tax in the customer location for the privilege of doing business, or that the government where the customer is located has the authority to subject the taxpayer to gross receipts tax regardless of whether, In fact, the government does so. (5) Assignment or apportionment of revenue under this Section shall be made in accordance with and in full compliance with the provisions of the interstate commerce clause of the United States Constitution where applicable. 43 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance Sec. 3.28.078. Allocation and apportionment of printing and publishing income when activities take place in more than one jurisdiction. Notwithstanding RCW 35.102.130, gross income from the activities of printing, and of publishing newspapers, periodicals, or magazines, shall be allocated to the principal place in this state from which the taxpayer's business is directed or managed. As used in this section, the activities of printing, and of _publishing newspapers, periodicals, or magazines, have the same meanings as attributed to those terms in RCW 82.04.280(1) by the department of revenue. Sec. 3.28.090. Exemptions. (1) Non-profit corporations or non-profit organizations. This chapter shall not apply to non-profit organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended,, except with respect to retail sales of such persons. (2) Health maintenance organization,. health care service contractor, certified health plan. This chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premiums or prepayments that are taxable under RCW 48.14.0201. (3) Public utilities. This chapter shall not apply to any person in respect to a business .activity with respect to which tax liability is specifically imposed under the utility tax provisions of Chapter 3.18 of the Kent City Code. (4) Investments - dividends from subsidiary corporations. This chapter shall not apply to amounts derived by persons, other than those engaging in banking, loan, security, or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends by a parent from its subsidiary corporations. 44 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (5) International banking facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this subsection, an "international banking facility" means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal office of which is located in this state, and which is incorporated and doing business under the laws of the United States or of this state, a United States branch or agency of a foreign bank, an Edge corporation organized under Section 25(a) of the Federal Reserve Act, 12 United States Code 611-631, or an Agreement corporation having an agreement or 'undertaking with the Board of Governors of the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 United States Code 601-604('a), that includes only international banking facility time deposits (as defined in subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal Reserve System), and international banking facility extensions of credit (as defined in subsection (a)(3) of Section 204.8 of Regulation, D). (6) Insurance business. This chapter shall not apply to amounts received by;any ,person who is an insurer upon which a tax based on gross premiums is paid to the state pursuant to RCW 48.14.020, and provided further, that the provisions of this subsection shall not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. (7) Farmers agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk poultry, meats or any other agricultural product that is raised, caught, produced, or manufactured by such persons. 45 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (8) Athletic exhibitions. This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commission. (9) Racing. This chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured from the Washington State Horse Racing Commission. (10) Ride sharing. This chapter does not apply to any funds received in the course of commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010. (11) Employees. (a) This chapter shall not apply to any person in respect to the person's employment in the ,capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of employee shall include those persons that are defined in the Internal Revenue Code, as hereafter amended. (b) A booth renter: is an independent contractor for purposes of this chapter. (12) Amounts derived from sale of real estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as commissions'from the sale of real estate, nor as fees, handling charges, discounts, interest or similar financial charges resulting from, or relating to, real estate transactions. This chapter shall also not apply to amounts received for the rental of real estate if the rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer. 46 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (13) Mortgage brokers' third-party provider services trust accounts. This chapter shall not apply to amounts received from trust accounts to mortgage brokers for the payment of third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the director of financial institutions. (14) Amounts derived from manufacturing:, selling or distributing motor vehicle fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term "motor vehicle fuel" is defined in RCW 82.36.010 and exempt under RCW 82.36.440, provided that any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. (15) Amounts derived from liquor, and the sale or distribution of liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. (16) Casual and isolated sales. This chapter shall not apply to the gross proceeds derived from casual or isolated sales. (17) Accommodation sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of property so sold to other persons similarly engaged in the business of selling such property where (1) the amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article and (2) the sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within fourteen days to reimburse in kind a previous accommodation sale by the buyer to the seller. (18) Taxes collected as trust funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third party obligations to pay taxes such as the retail sales tax, use tax, and admission tax. 47 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (19) United States, Washington State governmental entities. This chapter shall not apply to gross income received by the United State or any instrumentality thereof and by the State of Washington or any municipal subdivision thereof. Sec. 3.28.100. Deductions. In computing the license fee or tax, there may be deducted from the measure of tax the following items: (1) Compensation from public entities for health or social welfare services - exception. In computing tax, there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the State of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization (as defined in RCW 82.04.,431) or by a municipal corporation or political subdivision, except deductions are not allowed under this subsection for amounts that are received under an employee benefit plan. For purposes of this subsection, "employee benefit plan" includes the military benefits program authorized in 10 USC Sec. 1071 et seq., as amended, or amounts payable pursuant thereto. (2) Interest on investments or loans secured by mortgages or deeds of trust. In computing ,tax, to the extent permitted by Chapter 82.14A RCW, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest received on investments or loans primarily secured by first mortgages or trust deeds on non-transient residential properties. (3) Interest on obligations of the state, its political subdivisions, and municipal corporations. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest paid on all 48 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance obligations of the State of Washington, its political subdivisions, and municipal corporations organized pursuant to the laws thereof. (4) Interest on loans to farmers and ranchers,_producers or harvesters of aquatic products, or their cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is engaged solely in the business of making loans and providing finance-related services to bona fide farmers and ranchers, producers or harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing farm-related or aquatic-related services to these individuals or entities. (5) Receipts from tangible; personal property delivered outside the State. In computing tax, there may be deducted from the measure of tax under retailing or wholesaling_ amounts derivedf from the sale of tangible personal. property that is delivered by the seller to the buyer or the buyer's representative at a location outside the State of Washington. (6) Cash discount taken by purchaser. In computing tax, there may be deducted from the measure of tax the cash discount amounts actually,taken by the purchaser. This deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing classifications with respect to articles produced or manufactured, the reported values of which, for the purposes of this tax, have been computed according;to the "value of product' provisions. (7) Credit losses of accrual basis taxpayers. In computing tax, there may be deducted from the measure of tax the amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis. 49 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance (8) Constitutional prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the City is prohibited from taxing under the Constitution of the State of Washington or the Constitution of the United States. (9) Receipts from the sale of tangible personal property and retail services delivered outside the city but within .Washington. Amounts included in the gross receipts reported on the tax return derived from the sale of tangible personal property delivered to the buyer or the buyer's representative outside the city but within the State of Washington may be deducted from the measure of tax under the retailing, retail services, or wholesaling classification. (10) Professional employer services. In computing the tax, a professional employer organization may deduct from the calculation of gross income the gross income of the business derived from performing professional employer services that is equal to the, portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers' compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement. Sec. 3.28.120. Tax part of overhead. It is not the intention of this chapter that the taxes or fees herein levied upon persons engaging in business be construed as taxes or fees upon the purchasers or customer, but that such taxes or fees shall be levied upon, and collectible from, the person engaging in the business activities herein designated and that such taxes or fees shall constitute a part of the cost of doing business of such persons. 50 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance Sec. 3.28.130. Severability Clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected. SECTION 2. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3. Petition for referendum. A referendum procedure is required pursuant to RCW 35.21.706 for cities first imposing a business and occupation tax. A referendum petition may be filed with the City Clerk within seven (7) days of passage of this ordinance. Within ten (10) days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the City Attorney. The petitioner shall have thirty (30) days in which to secure the signatures of not less than fifteen (15) percent of the registered voters of the city, as of the last municipal general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260(2). This above procedure shall be the exclusive method of referendum for this ordinance and shall supersede the procedures provided under 51 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance chapters 35.17 and 35A.11 RCW and all other statutory or other provisions for initiative or referendum that might otherwise apply. SECTION 4, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. 52 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 53 Amend KCC Title 3 New Chapter 3.28 8 & O Tax Ordinance ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new Chapter 3.29 to the Kent City Code entitled, "Business and Occupation Tax - Administrative Provisions." THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1.. New Chapter. Anew Chapter 3.29 of the Kent City Code is .hereby adopted. Chapter 3.29 Business and Occupation Tax - Administrative Provisions Sec. 3.29.010. Purpose. The purpose of this chapter is to provide administrative guidelines and provisions to implement, administer and enforce the city's business and occupation tax ordinance, chapter 3.28 of the Kent City Code. 1 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance Sec. 3.29.015. Application of chapter stated. The provisions of this chapter shall apply with respect to the taxes imposed under chapter 3.28 KCC and under other titles, chapters, and sections in such manner and to such extent as indicated in each such title, chapter or section. Sec. 3.29.020. Definitions. For purposes of this chapter, the definitions contained in chapter 3.28 KCC shall apply equally to the provisions of this chapter unless the term is defined otherwise in this chapter. In addition, the following definitions will apply. A. "Reporting period." "Reporting period" means: (1) A one-month period beginning the first day of each calendar month (monthly); or (2) A three-month period beginning the first day of January, April, July or October of each year (quarterly); or (3) A twelve-month period; beginning the first day of January of each year (annual) B. "Return." "Return" means any document a person is required by the city to file to satisfy or establish a tax or fee obligation that is administered or collected by the city and that has a statutorily defined due date. C. "Successor." "Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of the taxpayer's business, any part of the materials, supplies, merchandise, inventory, fixtures, or equipment of the taxpayer. Any person obligated to fulfill the terms of a contract shall be deemed a 2 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance successor to any contractor defaulting in the performance of any contract as to which such person is a surety or guarantor. D. "Tax year," "taxable year." "Tax year" or "taxable year" means the calendar year. Sec. 3.29.021. Definitions -- References to Chapter 82.32 RCW. Where provisions of Chapter 82.32 RCW are incorporated in Section 3.29.090 of this chapter, "Department' as used in the RCW shall refer to the "Director" as defined in section 3.28.030 and "warrant' as used in the RCW shall mean "citation or criminal complaint." Sec. 3.29.025. Registration/license requirements. Any person who engages in any business or performs any act that is subject to the provisions of Title 5 KCC or chapter 3.18 KCC, relating to utility business taxes, chapter 3.20 KCC, relating to natural or manufactured gas line use taxes, chapter 3.21 KCC, relating to gambling taxes, chapter 3.23 KCC relating to lodging taxes, chapter 3.26, relating to admissions taxes, and chapter 3.28. KCC, relating to business and occupation taxes, even if that person is not subject to any tax imposed thereby, shall apply under the rules and regulations as the department may prescribe and, upon approval, receive from the department a registration certificate applicable to all such business engaged in or activity performed. No person shall engage in any business without being registered in compliance with the provisions of this section. Sec. 3.29.030. Registration/license certificates. A registration fee of $80.00 shall be due at the time of filing an application. The city will issue a registration certificate acknowledging registration and 3 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance payment of the fee. The registration certificate shall be personal and nontransferable and shall be valid as long as the taxpayer continues in that business and pays any tax imposed by the city. The registration fee shall be administratively adjusted by the director on January 1, 2014, and annually after that in an amount equal to the greater of four (4) percent or the percentage increase in the CPI. "CPI" means the Consumer Price Index — All Urban Consumers, (Seattle- Tacoma-Bremerton, WA), All Items, base period 1982-84=100, Not Seasonally Adjusted, issued by the U.S. Bureau of Labor Statistics. If the CPI is converted to a different standard reference base, or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the U.S. Bureau of Labor Statistics. In the event business .is transacted at two or more separate places by one taxpayer, a separate registration certificate for each place at which business is; transacted shall be required, These additional certificates shall be issued at no additional fee. Where a taxpayer changes the nature of business conducted or conducts additional activities upon which a tax is imposed by Title 5 KCC or chapter 3.18 KCC, relating to utility business . taxes, chapter 3.20 KCC, relating to natural or manufactured gas lane use taxes, chapter 3.21 KCC, relating to gambling taxes, chapter 3.23 KCC relating to lodging taxes, chapter 3.26, relating to admissions taxes, and :chapter 3.28 KCC, relating to business and occupation taxes, that taxpayer shall apply for and receive a new registration certificate of no additional fee. Each registration certificate shall be numbered and shall show the name, business location, mailing address and any other information that the director deems necessary. The certificate of registration shall be posted in a conspicuous place at the place of business for which it is issued. 4 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance Where a place of business of the taxpayer is changed, the taxpayer shall notify the department and upon approval, the department will issue a new certificate. Sec. 3.29.040. When due and payable -:Reporting periods - Monthly, quarterly, and annual returns - Threshold provisions or Relief from filing requirements - Computing time periods - Failure to file returns. (1) Other than any annual license fee or registration fee assessed under this chapter, the tax imposed by this chapter shall be due and payable in quarterly installments. At the director's discretion, businesses may be assigned to a monthly or annual reporting period depending on the tax amount owing or type of tax. Tax payments are due on or before the last day of the next month following the end of:the assigned reporting period covered by the return. (2) Taxes shall be paid as provided in this chapter and accompanied by a return on forms as prescribed by the director. The return shall be signed by the taxpayer personally or by a responsible officer or agent of the taxpayer. The individual signing the return shall swear or affirm that the information in the return is complete and true. (3) Tax returns must be filed and returned by the due date whether or not any taxis owed. (4) For purposes of the tax imposed by chapter 3.28 KCC, any person whose value of products, gross proceeds of sales, or gross income of the business, subject to tax after all allowable deductions, is equal to or less than One Hundred Twenty-Five Thousand Dollars ($125,000) in the current quarter, and whose combined taxable business square footage within the city is less than five hundred (500) square feet shall file a 5 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance return, declare no tax due on their return, and submit the return to the director. The gross receipts and deduction amounts shall be entered on the tax return even though no tax may be due. (5) A taxpayer that commences to engage in business activity shall file a return and pay the tax or fee for the portion of the reporting period during which the taxpayer is engaged in business activity. (6) Except as otherwise specifically provided by any other provision of this chapter, in computing any period of days prescribed by this chapter the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or city or federal legal holiday, in which case the last day of such period shall be the next succeeding day which Is neither a Saturday, Sunday, or city or federal legal holiday. (7) If any taxpayer fails, neglects or refuses to make a return as and when required in this chapter, the director is authorized to determine the amount of the tax or fees payable by obtaining facts and information upon which to base the director's estimate of the tax or fees due. Such assessment shall be deemed prima facie,correct and shall be the amount of tax owed to the city by the taxpayer. The director shall notify the taxpayer by mail of the amount of tax so determined, together with any penalty, interest, and fees due, the total of such amounts shall thereupon become immediately due and payable. Sec. 3.29.050. Payment methods - Mailing returns or remittances - Time extension - Deposits - Recording payments - Payment must accompany return - NSF checks. (1) Taxes shall be paid to the director in United States currency by bank draft, certified check, cashier's check, personal check, money order, cash, or by wire transfer or electronic payment if such wire transfer or 6 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance electronic payment is authorized by the director. If payment so received is not paid by the bank on which it is drawn, the taxpayer, by whom such payment is tendered, shall remain liable for payment of the tax and for all legal penalties, the same as if such payment had not been tendered. Acceptance of any sum by the director shall not discharge the tax or fee due unless the amount paid is the full amount due. (2) A return or remittance that is transmitted to the city by United States mail shall be deemed filed or received on the date shown by the cancellation mark stamped by the Post Office upon the envelope containing it. The director may allow electronic filing ,of returns or remittances from any taxpayer. A return or remittance which is transmitted to the city electronically shall be deemed filed or ;received according to procedures set forth by the director. (3) If a written request is received prior to the due date, the director, for good cause, may ,grant, in writing, additional time within which to make and file returns. (4) The director shall keep full" and accurate records of all funds received or refunded. The director shall apply payments first against all penalties and Interest owing, and then upon the tax, without regard to any direction of the taxpayer. (5) For any return not accompanied by a remittance of the tax shown to be due thereon, the taxpayer shall be deemed to have failed or refused to file a return and shall be subject to the penalties and interest provided in this chapter. (6) Any payment made that is returned for lack of sufficient funds or for any other reason will not be considered received until payment by certified check, money order, or cash of the original amount due, plus a "non- sufficient funds" (NSF) charge of twenty-five dollars ($25.00) is received by the director. Any license issued upon payment with a NSF check will be 7 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance considered void, and shall be returned to the director. No license shall be reissued until payment (including the twenty-five dollars ($25.00) NSF fee) is received. (7) The Director is authorized, but not required, to mail tax return forms to taxpayers, but failure of the taxpayer to receive any such forms shall not excuse the taxpayer from filing returns and making payment of the taxes or fees, when and as due under this chapter. Sec. 3.29.060. Records to be preserved - Examination - Estoppel to question assessment. 'Every person liable for any fee or tax imposed by this chapter shall keep and preserve, for a period of five (5) years after filing a tax ;return, such records as may be necessary to determine the amount of any fee or tax for which the person may be liable; which records shall include copies of all federal income tax and state tax returns and reports made by the person ,All books, records, papers, invoices, vendor lists, inventories, stocks of merchandise, and other data including federal income tax and state tax returns and reports shall be open for examination at any time by the director or its duly authorized agent. Every, persons 'business premises shall be open for inspection or examination by the director or a duly authorized agent. (1) If a person does not keep„ the necessary books and records within the city, it shall be sufficient if such person (a) produces within the city such books and .records as may be required by the director, or (b) bears the cost of examination by the director's agent at the place where such books and records are kept; provided that the person electing to bear such cost shall pay in advance to the director the estimated amount thereof including round-trip fare, lodging, meals and incidental expenses, subject to adjustment upon completion of the examination. 8 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (2) Any person who fails, or refuses a department request, to provide or make available records, or to allow inspection or examination of the business premises, shall be forever barred from questioning in any court action, the correctness of any assessment of taxes made by the city for any period for which such records have not been provided, made available or kept and preserved, or in respect of which inspection or examination of the business premises has been denied. The director is authorized to determine the amount of the tax or fees payable by obtaining facts and information upon which to base the estimate of the tax or fees due. Such fee or tax assessment shall be deemed prima facie correct and shall be the amount of tax owing the city by the taxpayer. The director shall notify the taxpayer by mail the amount of tax so determined, together with any penalty, interest, and fees due, the total of such amounts shall thereupon become immediately due and payable. Sec. 3.29.070. Accounting methods. (1) A taxpayer may file tax returns in each reporting period with amounts based upon cash receipts only it the taxpayer's books of account are kept on"a cash receipts basis. A'taxpa'yer that does not regularly keep books of account on a cash receipts basis must file returns with amounts based on the accrual method. (2) The taxes imposed and the returns required hereunder shall be upon a calendar year basis. Sec. 3.29.080. Public work contracts - Payment of fee and tax before final payment for work. The director may, before issuing any final payment to any person performing any public work contract for the city, require such person to pay in full all license fees or taxes due under this title from such person on account of such contract or otherwise, 9 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance and may require such taxpayer to file with the director a verified list of all subcontractors supplying labor and/or materials to the person in connection with said public work. Sec. 3.29.090. Underpayment of tax, interest, or penalty — Interest. (1) If, upon examination of any returns, or from other information obtained by the director, it appears that a tax or penalty less than that properly due has been paid, the director shall assess the additional amount found to be due and shall 'add thereto interest on the tax only. The director shall notify the person by mail of the additional amount, which shall become due and shall be paid within thirty (30) days from the date of the notice, or within such time as the director may provide in writing. (2)(a) The director shall compute interest in accordance with RCW 82.32.050 as it now exists or as it may be amended. (b) If section 3.29.090(2)(a) is held to be invalid, then the provisions of RCW 82.32,050 existing; at the effective date of this ordinance shall apply. Sec. 3.29.09S. Time in which assessment may be made. The director shall not assess, or correct an assessment for, additional taxes, penalties, or interest due more than four years after the close of the calendar year in which they were incurred, except that the director may issue an assessment: (1) Against a person who is not currently registered or licensed or has not filed a tax return as required by this chapter for taxes due within the period commencing 10 years prior to the close of the calendar year in which the person was contacted in writing by the director; 10 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (2) Against a person that has committed fraud or who misrepresented a material fact; or (3) Against a person that has executed a written waiver of such limitations. Sec. 3.29.100. Over payment of tax, penalty, or interest - Credit or refund - Interest rate - Statute of limitations. (1) If, upon receipt of an application for a refund, or during an audit or examination of the taxpayer's records and tax returns, the director determines that the amount of tax, penalty, or interest paid is in excess of that properly due, the excess amount shall be credited to the taxpayer's account or shall be refunded to the taxpayer. Except as provided in subsection (2) of this section, no refund or credit shall be made for taxes, penalties, or interest paid more than four (4) years. prior to the beginning of the calendar year in which. the refund application is made or examination of records Is completed, (2) The execution of a written waiver shall extend the time for applying for, or making a refund or credit of any taxes paid during, or attributable to, ;the year's covered by the waiver if, prior to the expiration of the waiver period, an application for refund of such taxes is made by the taxpayer or the director discovers that a refund or credit is due. (3) Refunds shall be :made by means of vouchers approved by the director and by the issuance of a city check or warrants drawn upon and payable from such funds as the city may provide. (4) Any final judgment for which a recovery is granted by any court of competent jurisdiction for tax, penalties, interest, or costs paid by any person shall be paid in the same manner, as provided in subsection (3) of this section, upon the filing with the director a certified copy of the order or judgment of the court. 11 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (5)(a) The director shall compute interest on refunds or credits of amounts paid or other recovery allowed a taxpayer in accordance with RCW 82.32.060 as it now exists or as it may be amended. (b) If section 3.29.100(5)(a) is held to be invalid, then the provisions of RCW 82.32.060 existing at the effective date of this ordinance shall apply. Sec. 3.29.110. Late payment - Disregard of written instructions - Evasion - Penalties. (1) If payment of any tax due on a return to be filed by a taxpayer is not received by the director by the due date, the director shall add a penalty in accordance with RCW 82.32.090(1), as it now exists; or as it may be amended. (2) If the director determines that any tax has been substantially underpaid as defined in RCW 82,32.090(2), there shall be added a penalty in accordance with RCW 82.32.090,(2), as it now .exists or as it may be amended. (3) If a citation or criminal complaint,is issued by the director for the collection of taxes, fees, assessments, interest or penalties, there shall be added thereto a penalty in accordance with RCW 82.32.090(3), as it now exists or as it may be amended. (4) If the director finds that a person has engaged in any business or performed any act upon which a tax is imposed under this title and that person has not obtained from the director a license as required by KCC 3.29.025/030, the director shall impose a penalty in accordance with RCW 82.32.090(4), as it now exists or as it may be amended. No penalty shall be imposed under this subsection (4) if the person who has engaged in business without a license obtains a license prior to being notified by the director of the need to be licensed. 12 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (5) If the director determines that all or any part of a deficiency resulted from the taxpayer's failure to follow specific written tax reporting instructions, there shall be assessed a penalty in accordance with RCW 82.32.090(5), as it now exists or as it may be amended. (6) If the director finds that all or any part of the deficiency resulted from an intent to evade the tax payable, the director shall assess a penalty in accordance with RCW 82.32.090(6), as it now exists or as it may be amended. (7) The penalties imposed under subsections (1) through (5) above of this section can each be imposed on the same tax found to be due. This subsection does not prohibit or restrict the application of other penalties authorized by law. (8) The director shall not impose both the evasion penalty and the penalty for disregarding specific written instructions on the same tax found to be due. (9) For the purposes of this section, "return" means any document a person is required, by the city to file to satisfy or establish a tax or fee obligation that is administered or collected by the city, and that has a statutorily defined due date. (10,) „ If incorporation into the Kent City Code of future changes to RCW 82.32.090 is deemed invalid, then the provisions of RCW 82.32.090 existing at the time this ordinance is effective shall apply. Sec. 3.29.120. Cancellation of penalties. (1) The director may cancel any penalties imposed under section 3.29.110(1) if the taxpayer shows that its failure to timely file or pay the tax was due to reasonable cause and not willful neglect. Willful neglect is presumed unless the taxpayer shows that it exercised ordinary business care and prudence in making arrangements to file the return and pay the 13 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance tax but was, nevertheless, due to circumstances beyond the taxpayer's control, unable to file or pay by the due date. The director has no authority to cancel any other penalties or to cancel penalties for any other reason except as provided in subsection (3). (2) A request for cancellation of penalties must be received by the director within 30 days after the date the department mails the notice that the penalties are due. The request must be in writing and contain competent proof of all pertinent facts supporting, a reasonable cause determination. In all cases the burden of proving the facts rests upon the taxpayer. (3) The director may cancel the penalties in section 3.29.110(1) one time if a person: (a) Is not currently, licensed and filing returns, (b) Was unaware of its responsibility to file and pay tax, and (c) Obtained business licenses and filed past due tax returns within 30 days after being notified by the department. (4) The director shall not cancel any interest charged upon amounts due. Sec. 3.29.130. Taxpayer quitting business - Liability of successor. (1) Whenever any taxpayer quits business, sells out, exchanges, or otherwise disposes of his business or his stock of goods, any tax payable hereunder shall become immediately due and payable. Such taxpayer shall, within ten (10) days thereafter, make a return and pay the tax due. (2) Any person who becomes a successor shall become liable for the full amount of any tax owing. The successor shall withhold from the purchase price a sum sufficient to pay any tax due to the city from the taxpayer until such time as: a) the taxpayer shall produce a receipt from the city 14 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance showing payment in full of any tax due or a certificate that no tax is due, or b) more than six (6) months has passed since the successor notified the Director of the acquisition and the director has not issued and notified the successor of an assessment. (3) Payment of the tax by the successor shall, to the extent thereof, be deemed a payment upon the purchase price. If such payment is greater in amount than the purchase price, the amount of the difference shall become a debt due such successor from the taxpayer. (4) Notwithstanding the above, if a successor gives written notice to the director of the acquisition, and the director does not within six (6) months of the date it received the notice issue an assessment against the taxpayer and mail a copy ,of that assessment to the successor, the successor shall not be liable for the.tax. Sec. 3.29.140. Administrative Appeal. Any .person, except one who has failed to comply with section 3.29.060, aggrieved by the amount of the fee or tax determined by the director to be required under the provisions of this chapter may pay the amount due and appeal from such determination by,filing a written notice of appeal with the city clerk within 30 days from the date written notice of such amount was mailed to the taxpayer.. A $250.00 filing fee shall be submitted with the appeal, which filing fee is required to process the appeal. The city's hearing examiner shall, as soon as practical, fix a time and place for the hearing of such appeal, and shall cause a notice of the time and place thereof to be delivered or mailed to the parties. The hearing shall be conducted in accord with the provisions of chapter 1.04 KCC. The decision of the hearing examiner shall indicate the correct amount of the fee or tax owing. 15 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance Sec. 3.29.150. Judicial Review of Director's Determination. Any person, except one who has failed to comply with section 3.29.060, having paid any tax as required and feeling aggrieved by the amount of the tax assessed, and after first exhausting the right of administrative appeal set forth in this chapter, may seek judicial review in the King County Superior Court within 21 days of the date ;of the decision of the hearing examiner. The taxpayer shall set forth the amount of the tax imposed upon the taxpayer that the taxpayer concedes to be the correct amount of tax and the reason why the tax imposed should be reduced or abated. The trial in the Superior Court shall be de novo in accordance with the laws of the State of Washington. The burden shall rest upon the taxpayer to prove that the tax paid by the taxpayer is incorrect, either in whole or in part, and to establish the correct amount of the tax. Sec. 3.29.160.,. Director to make rules. The director shall have the power, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with law for the purpose of carrying out the provisions of this chapter and it shall be unlawful to violate or fail to comply with, any such rule or regulation. Sec. 3.29.170. Ancillary allocation authority of Director. The director is authorized to enter into agreements with other Washington cities which impose an "eligible gross receipts tax": (1) To conduct an audit or joint audit of a taxpayer by using an auditor employed by the city of Kent, another city, or a contract auditor, provided, that such contract auditor's pay is not in any way based upon the amount of tax assessed; (2) To allocate or apportion in a manner that fairly reflects the gross receipts earned from activities conducted within the respective cities the 16 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance gross proceeds of sales, gross receipts, or gross income of the business, or taxes due from any person that is required to pay an eligible gross receipts tax to more than one Washington city. (3) To apply the city's tax prospectively where a taxpayer has no office or place of business within the city and has paid tax on all gross income to another Washington city where the taxpayer is located; provided that the other city maintains an eligible gross receipts tax, and the income was not derived from contracts with the city. Sec. 3.29.180. Mailing of Notices. Any notice required by this chapter to be mailed to any taxpayer or licensee shall be sent ,by ordinary mail, addressed to the address of the taxpayer or licensee as shown by the records of the director. Failure of the taxpayer or licensee to receive any such mailed notice shall not release the taxpayer or licensee from any tax, fee, interest, of any penalties thereon, :;nor shall such failure operate to extend any time limit set by the provisions of this chapter. It is the responsibility of the taxpayer to inform the director in writing about a change in the taxpayer's address. Sec. 3.29.190. Tax declared additional. The license fee and tax herein levied shall be additional t9 any license fee or tax imposed or levied under any law or any other ordinance of the City of Kent except as herein otherwise expressly provided. Sec. 3.29.2`00. Public disclosure - Confidentiality - Information sharing. (1) For purposes of this section, defined terms shall be as set forth in section 3.29.020: 17 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (a) "Disclose" means to make known to any person in any manner whatever a return or tax information. (b) "Tax information" means: (i) A taxpayer's identity; (ii) The nature, source, or amount of the taxpayer's income, payments, receipts, deductions, exemption, credits, assets, liability, net worth, tax liability deficiencies, over assessments, or tax payments, whether taken from the taxpayer's books and records or any other source; (iii) Whether the taxpayer's return was, is being, or will be examined or subject to other investigation or processing; or (iv) Other data received by, „recorded by, prepared by, or provided to the city with respect to the determination or the existence, or possible existence, of liability, or the amount thereof, of a person under chapter 3.28 KCC for a tax, penalty, interest, fine, ,forfeiture, or other imposition, or offense. However, data, material, or documents that do not disclose information related to a specific or identifiable taxpayer do not constitute tax information under this section. Nothing in this chapter requires any person possessing data, material, or documents made confidential and privileged by this section to delete information from such data, material or documents so as to permit its disclosure. (c) "City agency" means every city office, department, division, bureau, board, commission, or other city agency. (d) "Taxpayer 'identity" means the taxpayer's name, address, telephone number, registration number, or any combination thereof, or any other information disclosing the identity of the taxpayer. (2) Returns and tax information are confidential and privileged, and except as authorized by this section, neither the director nor any other person may disclose any return or tax information. 18 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (3) This section does not prohibit the director from: (a) Disclosing such return or tax information in a civil or criminal judicial proceeding or an administrative proceeding: (i) In respect of any tax imposed under chapter 3.28 if the taxpayer or its officer or other person liable under this title is a party in the proceeding; or (ii) In which the taxpayer about whom such return or tax information is sought and another state agency are adverse parties in the proceeding. (b) Disclosing, subject to such requirements and conditions as the director prescribes by rules adopted pursuant to section 3.29.160, such return or tax information regarding a taxpayer to such taxpayer or to such person or persons as that taxpayer may designate in a request for, or consent to, such disclosure, or to any other person, at the taxpayer's request, to the extent .necessary to comply with a request for information or assistance made by the taxpayer to such other person. However, tax information not received from the taxpayer must not be so disclosed if the director determines that such disclosure would compromise any investigation or ,litigation by any ;federal, state, or local government agency in connection with the civil or criminal liability of the taxpayer or another ;person, or that such disclosure would identify a confidential informant, or that such disclosure is contrary to any agreement entered into by the department that provides for the reciprocal exchange of information with other government agencies which agreement requires confidentiality with respect to such information unless such information is required to be disclosed to the taxpayer by the order of any court; (c) Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof; 19 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (d) Disclosing such return or tax information, for official purposes only, to the mayor or city attorney, or to any city agency, or to any member of the city council or their authorized designees dealing with matters of taxation, revenue, trade, commerce, the control of industry or the professions; (e) Permitting the city's records to be audited and examined by the proper state officer, his or her agents and employees; (f) Disclosing any such return or tax information to a peace officer as defined in RCW 9A.04.110 or county prosecuting attorney, for official purposes. The disclosure may be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecuting attorney who receives the return or tax information may disclose that return or tax information only for use in the investigation and a related court proceeding, or in the court„proceeding for which the return or tax information originally was sought or where otherwise allowed to be disclosed under this section; (g) Disclosing any such return or tax information to the proper officer of the internal revenue service of the United States, the Canadian government or provincial governments of Canada, or to the proper officer of the tax department of any state or city or town or county, for official purposes, but only if the statutes of the United States, Canada or its provincial governments, or of such other state or city or town or county, as the case may be, grants substantially similar privileges to the proper officers of the city; ` (h) Disclosing any such return or tax information to the United States department of justice, including the bureau of alcohol, tobacco, firearms and explosives, the department of defense, the immigration and customs enforcement and the customs and border protection agencies of 20 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance the United States department of homeland security, the United States coast guard, the alcohol and tobacco tax and trade bureau of the United States department of treasury, and the United States department of transportation, or any authorized representative of these federal agencies or their successors, for official purposes; (i) Publishing or otherwise disclosing the text of a written determination designated by the director as a precedent pursuant to RCW 82.32.410; (j) Disclosing, in a manner that is not associated with other tax information, the taxpayer name, entity type, business address, mailing address, revenue tax registration numbers and the active/closed status of such registrations, state or Local business license registration identification and the active/closed status and effective dates of such licenses, reseller permit numbers and the expiration date and status of such permits, North American industry classification system or standard industrial classification code of a taxpayer, and the dates of opening and closing of business. Except that this subsection may not be construed as giving authority to the City or any recipient to give, sell, ,or provide access to any list of taxpayers for any„commercial purpose; (k) Disclosing such return or tax information that is also maintained by another Washington state or local governmental agency as a public record available for inspection and copying under the provisions of chapter 42.56 RCW or is 'a document maintained by a court of record and is not otherwise prohibited from disclosure; (1) Disclosing such return or tax information to the United States department of agriculture, or successor department or agency, for the limited purpose of investigating food stamp fraud by retailers; (m) Disclosing to a financial institution, escrow company, or title company, in connection with specific real property that is the subject of a 21 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance real estate transaction, current amounts due the city for a filed tax warrant, judgment, or lien against the real property; (n) Disclosing to a person against whom the director has asserted liability as a successor under section 3.29.130 return or tax information pertaining to the specific business of the taxpayer to which the person has succeeded; (o) Disclosing real estate excise tax affidavit forms filed under chapter 3.19 KCC in the possession of the city, including real estate excise tax affidavit forms for transactions exempt or otherwise not subject to tax; (p) Disclosing such return or tax information to the court or hearing examiner in respect to the city's application for a subpoena if there is probable cause to believe that the records in possession of a third party will aid the director in connection with its official duties under this title or a civil or criminal investigation. (4)(a) The director may disclose return or taxpayer information to a person under investigation or during any court or administrative proceeding against a person under investigation as provided in section 3.29.200(4,). The disclosure must be in connection with the director's official duties under KCC.Title 3, or a civil or criminal investigation. The disclosure may occur only when the person under investigation and the person in possession of data, materials, or documents are parties to the return or tax information,to be disclosed. The director may disclose return or tax information such as invoices, contracts, bills, statements, resale or exemption certificates, or checks. However, the director may not disclose general ledgers, sales or cash receipt journals, check registers, accounts receivable/payable ledgers, general journals, financial statements, expert's workpapers, income tax returns, state tax returns, tax return workpapers, or other similar data, materials, or documents. 22 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (b) Before disclosure of any tax return or tax information under section 3.29.200(4), the director must, through written correspondence, inform the person in possession of the data, materials, or documents to be disclosed. The correspondence must clearly identify the data, materials, or documents to be disclosed. The director may not disclose any tax return or tax information under section 3.29.200(4) until the time period allowed in subsection (c) of section 3.29.200(4) has expired or until the court has ruled on any challenge brought under subsection (c) of section 3.29.200(4). (c) The person in possession of the data, , materials, or documents to be disclosed by the director has twenty (20) days from the receipt of the written request required under subsection (b) of section 3.29.200(4) to petition the superior court' of the county in which the petitioner resides for injunctive relief. The court must limit or deny the request of the director if the court determines that: (i) The data, materials, or documents sought for disclosure are cumulative or duplicative, or are obtainable from some other source that is more convenient, less burdensome, or less expensive; (il) The production of the data, materials, or documents sought would be unduly burdensome or expensive, taking into account the needs of the director„ the amount in controversy, limitations on the petitioner's resources, and the importance of the issues at stake; or (Iiii) The data, materials, or documents sought for disclosure contain trade secret information that, if disclosed, could harm the petitioner. (d) The director must reimburse reasonable expenses for the production of data, materials, or documents incurred by the person in possession of the data, materials, or documents to be disclosed. 23 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (e) Requesting information under subsection (b) of section 3.29.200(4) that may indicate that a taxpayer is under investigation does not constitute a disclosure of tax return or tax information under this section. (5) Service of a subpoena issued by the court or by the hearing examiner pursuant to chapter 2.32 KCC and the ancillary administrative rules does not constitute a disclosure of return or tax information under this section. Notwithstanding anything else to the contrary in this section, a person served with a subpoena issued by the court or by the hearing examiner may disclose the existence or content of the subpoena to that person's legal counsel. (6) Any person acquiring knowledge of any return or tax information in the course of his or her ^employment with the city and any person acquiring knowledge of any return or tax information as provided under subsections (3)(d), (e), (f), (g),;. (h), (I), or (k) ;of. this section, who discloses any such return or tax information to another person not entitled to knowledge of such return or tax information under the provisions of this section, is guilty of a misdemeanor. If the person guilty of such violation is an officer or employee of the state, such person must forfeit such office or employment and is incapable of holding any public office or employment in this city for a period of two years.thereafter. Sec. 3.29.210. Tax constitutes debt. Any license fee or tax due and unpaid under this chapter, and all interest and penalties thereon, shall constitute a debt to the City of Kent and may be collected in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. Sec. 3.29.220. Unlawful actions - Violation - Penalties. 24 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (1) It shall be unlawful for any person liable for fees under this chapter: (a) To violate or fail to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the director; (b) To make any false statement on any license application or tax return; (c) To aid or abet any person in any attempt to evade payment of a license fee or tax; (d) To fail to appear or testify in response to a subpoena; (e) To testify falsely in any investigation, audit, or proceeding conducted pursuant to this chapter, (2) Violation of any of the provisions of this chapter is a gross misdemeanor. Any person convicted of a violation of this chapter may be punished by a fine not to exceed $1,000, imprisonment not to exceed one year, or both fine and imprisonment. Penalties or„ punishments provided in this chapter shall be in addition .to all other penalties;provided by law. (3) Any person, or officer of a corporation, convicted of continuing to engage in business after the revocation of a license shall be guilty of a gross misdemeanor and may be punished by a fine not to exceed $5,000, or imprisonment not to exceed one year, or both fine and imprisonment. Sec. 3.29.230 Suspension or Revocation of business license. (1) The director, or designee, shall have the power and authority to suspend or revoke any license issued under the provisions of this chapter. The director, or designee, shall notify such licensee in writing by certified mail of the suspension or revocation of his or her license and the grounds therefor. Any license issued under this chapter may be suspended or revoked based on one or more of the following grounds: (a) The license was procured by fraud or false representation of fact. 25 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance (b) The licensee has failed to comply with any provisions of chapters 3.28 and 3.29 KCC. (c) The licensee has failed to comply with any provisions of the Kent City Code. (d) The licensee is in default in any payment of any license fee or tax under chapters 3.28 and 3.29 KCC. (e) The licensee or employee has been convicted of a crime involving the business. (2) Any licensee may, within 30 days from the date that the suspension or revocation notice was mailed to the licensee, appeal from such suspension or revocation by filing a written notice of appeal ("petition") setting forth the grounds therefor with the director. A copy of the petition must be provided by the licensee to the director and the city attorney on or before the date the petition is filed .with the city clerk. The hearing shall be conducted in accordance with ;the procedures for hearing contested cases set out in. KCC 3.29.140. The hearing examiner shall set a date for hearing said appeal and notify the licensee by mail of the time and place of the hearing. After the hearing thereon the hearing examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the suspension or revocation and reinstate the license, and may impose any terms upon the continuance of the license. No suspension or:revocation of a license issued pursuant to the provisions of this subchapter shall take effect until 30 days after the mailing of the notice thereof by the director, and if appeal is taken as herein prescribed the suspension or revocation shall be stayed pending final action on the appeal. All licenses which are suspended or revoked shall be surrendered to the city on the effective date of such suspension or revocation. 26 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance The decision of the hearing examiner shall be final. The licensee and/or the director may seek review of the decision by the Superior Court of Washington in and for King County. If review is sought as herein prescribed the suspension or revocation shall be stayed pending final action by the Superior Court. (3) Upon revocation of any license as provided in this subchapter no portion of the license fee shall be returned to the licensee. Sec. 3.29.240. Closing agreement provisions. The director may enter into an agreement in writing with any person relating to the liability of such person in respect of any tax imposed by any of the chapters within this title and administered by this chapter for any taxable period(s). Upon approval of such agreement, evidenced by execution thereof by the director and the person so,agreeing, the agreement shall be final and conclusive as to the tax liability or tax immunity covered thereby, and, except upon a showing of fraud or malfeasance, or misrepresentation of a material fact; (1) The case shall not be reopened as to the matters agreed upon, or the agreement modified, by the director or the taxpayer, and (2) In any suit, action or proceeding, such agreement, or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance therewith, shall not be annulled, modified, set aside, or disregarded. Sec. 3.29.250. Charge-off of uncollectible taxes. The director may charge off any tax, penalty, or interest that is owed by a taxpayer, if the director reasonably ascertains that the cost of collecting such amounts would be greater than the total amount that is owed or likely to be collected from the taxpayer. 27 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance SECTION 2, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, - Petition for referendum. A referendum procedure is required pursuant to RCW 35.21.706 for cities first imposing a business and occupation tax. A referendum petition may be filed with the City Clerk within seven (7) days of passage of this ordinance. Within ten (10) days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the City Attorney. The petitioner shall have thirty (30) days in which to secure the signatures of not less than fifteen (15) percent of the registered .voters of the city, as of the last municipal general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures; are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260(2). This above procedure shall be the exclusive method of referendum for this ordinance and shall supersede the procedures provided under chapters 35.17 and'35A.11 RCW and all other statutory or other provisions for initiative or referendum that might otherwise apply. SECTION 4, - SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that 28 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM;: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 29 Amend Title 3 New Chapter 3.29 Business& Occupation Tax Administrative Provisions Ordinance KENT Agenda Item: Other Business — 8C TO: City Council DATE: October 16, 2012 SUBJECT: Resolution Endorsing Proposition 1 MOTION: Move to adopt Resolution No. endorsing Proposition 1 on the November 6, 2012, general-election ballot, which authorizes a .37 cent per $1,000 increase in the tax levy limit. SUMMARY: The city of Kent has experienced a significant downturn in revenues in the past decade. A number of factors have contributed to this shortfall. Reductions in car tab fees substantially reduced state pass-through funds for local infrastructure improvements. The property tax limitation to 1% year over year passed by Referendum 47 capped property tax increases to a level that typically is below the rate of inflation. The recession, which began in 2008 and continues to this day, has resulted in a serious reduction in real estate excise tax revenue, utility tax revenue, sales tax revenue, and development fee revenue. The result of this shortfall is that the city can no longer adequately fund its major, existing infrastructure at a level and quality that the public needs and deserves without additional funding. Revenues from this excess lid lift must be dedicated to maintain parks and street infrastructure, allowing the City to maintain and provide the quality of life our residents deserve. The City Council has determined that, in order to maintain and improve the parks, streets, and related infrastructure to a service level that the citizens of the City deserve and expect, a six-year levy lid lift is necessary and appropriate. EXHIBITS: Resolution RECOMMENDED BY: BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, endorsing Proposition 1, on the November 6, 2012, general-election ballot, which authorizes a .37 cent per $1,000 increase in the tax levy limit to provide additional funds to improve and add to existing parks and streets infrastructure, and urging Kent's residents to vote "Yes" on that ballot measure. RECITALS A. The city of Kent has experienced a significant downturn in revenues in the past decade. A number of factors have contributed to this shortfall. Reductions in car tab fees substantially reduced state pass-through funds for local infrastructure improvements. The property tax limitation to 1% year over year passed by Referendum 47 capped property tax increases to a level that typically is below the rate of inflation. The recession, which began in 2008 and continues to this day, has resulted in a serious reduction in real estate excise tax revenue, utility tax revenue, sales tax revenue, and development fee revenue. B. The result of this shortfall is that the city can no longer adequately fund its major, existing infrastructure to a level and quality that the public needs and deserves without additional funding. 1 Endorsing Prop. 1 Resolution C. Revenues from this excess lid lift must be dedicated to maintain parks and street infrastructure, allowing the City to maintain and provide the quality of life our residents deserve. D. The City Council has determined that, in order to maintain and improve the parks, streets, and related infrastructure to a service level that the citizens of the City deserve and expect, a six-year levy lid lift is necessary and appropriate. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. — The city council does hereby provide its endorsement of Proposition 1, urging Kent residents to vote "Yes" on this measure to support and maintain parks and streets so our city can retain Kent's economic vitality and quality of life. SECTION 2. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 2012. CONCURRED in by the Mayor of the City of Kent this day of 2012. 2 Endorsing Prop. 1 Resolution SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2012. BRENDA JACOBER, CITY CLERK a\o,maamweomaar,,,naum ova E,d,m,ma,nma 3 Endorsing Prop. 1 Resolution Z KENT HA r Agenda Item: Bids — 9A TO: City Council DATE: October 16, 2012 SUBJECT: 2012 Vehicle Detector Loops Project MOTION: Move to award the 2012 Vehicle Detector Loops Project to Totem Electric of Tacoma in the amount of $117,874.08 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project consists of installing 82 traffic loops and approximately 1,650 lineal feet of additional lead-in wire. The existing vehicle detector loops have failed for a variety of reasons, including: water line installation (22 loops), emergency waterline repair (4 loops), contractor for Parks Department failing to protect loop during construction project (1 loop), pavement grinding/overlay (7 loops), or due to deterioration, pavement failure, or unknown causes (48 loops). EXHIBITS: Memo dated 10/16/2012 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be funded from the Water Utility (26 loops), Parks Dept (1 loop), or Asphalt Overlay fund (55 loops). The Asphalt Overlay Fund has $50,000 obligated to this project. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: October 16, 2012 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2012 Vehicle Detector Loops Bid opening for this project was held on October 9, 2012 with two (2) bids received. The lowest responsible and responsive bid was submitted by Totem Electric of Tacoma in the amount of $117,874.08. The Engineer's estimate for this project is $118,075.00. The Public Works Director recommends awarding this contract to Totem Electric of Tacoma. Bid Summary 01. Totem Electric of Tacoma $117,874.08 02. R.W. Scott Construction Co. $121,748.50* Engineer's Estimate $118,075.00 *The bid from R.W. Scott Construction Co. is considered non-responsive because the bid was not completed correctly. The bid schedule did not include a unit price nor a total price for one of the bid items (Mobilization). REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other 1400 �-/ KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES August 13, 2012 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Council President Dennis Higgins stood in for councilmember Ranniger in her absence. Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Boyce Moved and Councilmember Higgins Seconded a Motion to approve the July 9, 2012 Minutes. Motion PASSED 3-0. 2. KCC 12.01, 12.04, and 2.32 Code Amendments rZCA-2011-1(B) Planner Katie Graves stated that this is another component of the major undertaking to update Kent's zoning and subdivision codes chapter by chapter and reflect the Council's strategic plan to transform regulatory processes to increase efficiencies. She stated that amendments to Chapter 12.01 Administration of Development Regulations are intended to eliminate barriers to the current process, clarify code, and facilitate timely and efficient processing of applications, issuance of permits and expiration timelines. Graves stated that these amendments were discussed at the July meeting and at direction from the Committee staff has revised language relating to the expiration of permits - adding the requirement that application forms reference expiration standards and that expiration dates are noted on the actual permits, additionally removing language requiring 30 day notification by the City of expiration dates for applications and permits. After deliberating, Councilmember Higgins MOVED to recommend to the City Council approval of the amendments to Chapters 12.01, 12.04, and 2.32 relative to permit process procedures and requirements of Kent City Code as recommended by the Land Use and Planning Board, as amended extending the resubmittal time period from 90 to 180 days, and recommending approval of the additional language in Chapter 12.01.185 where it states that "The application and instruction forms will reference the expiration standards of this section, where applicable." and "The issued permit or land use approvals will clearly state this requirement for expiration, where applicable." Councilmember Boyce SECONDED the Motion. Motion PASSED 3-0. 3. KCC 15.02, 15.05, and 15.07 Code Amendments rZCA-2012-11 Planner Katie Graves stated that these proposed amendments pertain to Kent City Code (KCC) 15.05 relating to off-street parking and loading areas and associated amendments to 15.05, amending Section 15.07.040 and adding a new Section 15.02.331. Graves stated that these amendments modernize the parking codes, bring the code up to date with trends in the standards, allow for low impact environmentally friendly development, and provide clarity where there is confusion. These amendments are the same as originally proposed at the July llth meeting. After deliberating, Councilmember Boyce MOVED to recommend to City Council approval of amendments to Title 15.05, 15.07.040, and 15.02.331 of Kent City Code as recommended by the Land Use and Planning Board. Higgins SECONDED the motion. Motion PASSED 3-0. 4. Neiahborhood Urban Centers Planning Manager Charlene Anderson stated that this presentation is to provide a context for the Council's strategic goal of creating Neighborhood Urban Centers (NUC). She stated that Kent has three main commercial districts excluding Downtown and the new Midway areas. She explained that the General Commercial District (GC) is more destination retail. Community Commercial and Neighborhood Convenience Commercial (NCC) are more limited. The NCC zoned areas are likely to be the current focus of attention. In 2003 City Council amended development standards for the NCC zone making drive-thru uses ECDC Minutes August 13,2012 accessory only, increasing the building area, establishing design techniques, modifying signage and landscaping to enhance compatibility between NCC and surrounding residential. Anderson spoke about Kent's efforts to initiate Phase II of a complete zoning code update (beginning with commercial) in 2007. That effort was postponed in 2009 to simplify the scope of work for that project and to divert staff resources to other priorities. However, many of the themes from the 2007 work may still be relevant, i.e. good design, economic vibrancy, pedestrian orientation, mix of uses, and considering impacts on residential uses and schools. Anderson depicted half-mile radii around some existing commercial and office zones and described what is considered typical walkability distances. She cited statistics on how many households it would take to support a corner grocery store, or a neighborhood retail center. She described the intensity of the built environment on the land. Anderson spoke about the University of Washington's (UW) research which found that approximately 2000 households are typical for a grocery store on a countywide basis. Anderson referenced the ULI article which suggested that the long term goals of 1,000 to 2,000 households per quarter-mile walking distance is what it takes to support a corner grocery. In addition to number of households, safety, walkability, design and amenities, parking lots and pedestrian access need to be considered. Income can also be a factor. Anderson spoke about the attributes of several intersections within the half-mile and mile radii. Those intersections include: 2401h and 132"' (14 acres), Kent Kangley and 132"' (32 acres), and 1161h and 2401h (10.5 acres). Anderson showed a sidewalk assessment from the Transportation Master Plan and discussed the importance of sidewalks to promote commercial viability and provide good pedestrian connection. Another component for consideration is a composite of walk to school routes, population and employment density, populations below poverty level and with disabilities. Anderson described the difference between CC and NCC zoning. CC limits commercial activities, allows drive-thru's, large item retail and indoor public assembly, serves several residential neighborhoods and is generally bordered by higher densities so walkability is very important. NCC allows small retail and service activities convenient to a residential area where there is ready access to everyday convenience goods, does not allow drive- thru's except for personal service via a conditional use permit. The NCC zoned areas should be the most walkable but that's not currently the case. Anderson stated that the Economic Development Plan Phase I presented suggestions and themes for improving the economic environment throughout Kent for commercial. She noted suggestions for branding, anchors, marketing, safety improvements, building quality, streetscapes and encouraging residential. Anderson spoke about the importance of density, pedestrian and bike connections and some strategies that could be used to make existing commercial areas the best they can be: good design, safety, creating special districts, the use of incentives to resolve trade leakage issues. Anderson spoke about how Portland and Eugene, Oregon regulate commercial development pertaining to corner stores; stating that Portland has over 30 planning districts, with each district regulating development differently. She stated that Eugene allows commercial uses in Planned Unit Developments (PUD) or in higher density areas by Conditional Use Permits (CUP). The commercial must be meshed strategically with the residential. Anderson asked for council comments on the use of commercial strategies and what the focus should be to guide the work within Kent's existing commercial areas. For example, there could be zoning and land use changes, development standards, branding, economic development, infrastructure improvements, code enforcement, transitioning of uses where there is no appropriate current market population, or implementing public/private pilot projects in specific areas. Anderson questioned whether the City should improve existing commercial areas or create new ones, and where? Given financial and staffing resources, would a comprehensive targeted approach be most feasible, focusing planning, grant applications, infrastructure improvements, and code enforcement in one area and then strategically moving on to another area? ECDC Minutes August 13,2012 Economic and Community Development Director Ben Wolters concurred with Councilmember Boyce's idea to focus on one area to see what might work, and taking into account the unique characteristics of any given location with both its challenges and opportunities. He stated that this might be the way to show progress in a certain area then learn how the city might apply it elsewhere. Wolters stated that he believes staff would like to establish some basic guiding principles related to Kent City Code then get more specific in a given area. Wolters encouraged the Committee to give feedback to staff on their thoughts, talk with the community on what they would like to see, and asked the Committee to report on where they would like to see potential activities thinking about it as they go about daily activities. Wolters discussed the potential for development for the Kent Kangley and 132"' Lake Meridian Shopping Center site as suggested by Councilmember Boyce. Boyce stated that staff should consider the 1161h and 2401h area to develop a neighborhood commercial center with something unique not found elsewhere. Councilmember Higgins stated that business owners are interested in the creation of an international district at Benson and 2401h. Much of the retail space is performing below its potential and minor infrastructure improvements would create appeal. Councilmember Perry stated that she feels walkable communities and urban centers mean reducing the scope of big nodes and creating smaller nodes throughout neighborhoods. She suggested the Lake Meridian area at 2561h and 132"' for development. Wolters stated that city staff conducted a large amount of research over the past three years on a planning effort that though initially aborted is now being rekindled. Wolters stated that staff will incorporate some of the Committee's suggestions in their approach and come back to the Committee with some guidelines for this project. Higgins suggested developing areas of Panther Lake which could assist with building the city's tax base. Boyce suggested the Panther Lake School area as good potential. Perry suggested an option where underused areas could be developed through a Conditional Use Permit without the need to change zoning. Wolters suggested taking the approach of conducting a demonstration ordinance similar to the process used to develop cottage housing. Informational Only 3. Economic Development Report and Permit Process Update Wolters assured Perry that he would report back to her once he receives a response regarding the status of the Town Square Apartments. Wolters reported that he spoke with ShoWare Center Manager Tim Higgens who indicated that sales have been good for the Skate America event and the community is embracing this event. Wolters stated that Kent is making progress on a number of new recruitments and retentions and there continues to be activity bubbling under the surface in a positive way. Wolters stated that staff is putting finishing touches on a 1 million dollar grant with the State that will support jobs and improve connectivity as it will be used for a bike trail connection between the Interurban Trail and REI Headquarters. Perry stated that the Lodging Tax Committee allocated $10,000 to support marketing outreach for Skate America. Kent Downtown Partnership is looking at hanging welcome banners and considering renting a trolley for the 4 day event to transport people from down town Kent, to ShoWare and to the hotels. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 6:55 p.m. Pamela Mottram, Secretary Economic & Community Development Committee PIAPlanningAECDQ2012VMinuteA08-13 12_DaftMln.doc ECDC Minutes August 13,2012 --00 � �••� KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES September 11, 2012 COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair • The meeting was called to order by Les Thomas at 4:30 PM. • Bill Boyce had an excused absence. 1. Approval of Minutes D. Ralph moved to approve the minutes of the June 12, 2012 meeting. The motion was seconded by L. Thomas and passed 3-0. 2. National Night Out 2012 — INFO ONLY Chief of Police Ken Thomas introduced Community Education Specialist Sara Wood who reported on the yearly event in Kent. Sara stated that 113 events involving approximately 20,000 residents were held in neighborhoods throughout the city on August 71h. Target Corporation was a national sponsor again this year and the Kent Target store sent 16 employees to ride along with police and other city staff as visitors to the events. 3. Cops With Cancer — INFO ONLY Chief Thomas introduced Kent Police and Fire Chaplains Pat and Lisa Ellis and Kent Police Officer Hans Mak. They spoke about the development of the non-profit organization, Cops With Cancer, and how it benefits law enforcement officers who are fighting with cancer. They also distributed a brochure to the committee members. 4. Automated Fingerprint Identification System (AFIS) — INFO ONLY Chief Thomas stated, as disclosure, that he is on the AFIS Levy Committee this year. He provided information about the AFIS levy which is up for renewal on the November search for fingerprints and palm prints as people are arrested. It's also used to recover ballot. The levy also funds the system to prints taken at crime scenes for processing by the Washington State Crime Lab. S. Washington Traffic Safety Commission grant — ACCEPT and Establish the budget Chief Thomas explained the funds in the amount of $24,240 will provide officer overtime during specified Target Zero DUI emphasis dates, overtime reimbursement for the Law Enforcement Liaison and funds for the Target Zero Manager. The grant period begins on October 1, 2012 and ends September 30, 2013. D. Ralph moved to recommend that Council accept the Washington Traffic Safety Commission Target Zero Teams grant in an amount not to exceed $24,240, authorize the Mayor to sign the Memorandum of Understanding and establish the budget. The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. 6. Amendment to Interlocal Agreement with Chelan County — AUTHORIZE Assistant Police Chief Jon Straus and Corrections Commander Diane McCuistion explained the amendment extends the term of the agreement for three years with an expiration date of December 31, 2015. The agreement designates the Chelan County Regional Justice Center as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody from the City of Kent Corrections Facility, and for Chelan County to accept and keep in its custody such inmate(s). D. Ralph moved to recommend the Mayor to be authorized to enter into an Amendment to the Interlocal Agreement with Chelan County for the Housing of City of Kent Inmates, with terms and conditions acceptable to the city attorney. The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. 7. Police Department Updates — INFO ONLY • Chief Thomas stated that Assistant Chief Straus and Corrections Commander McCuistion have done a great job with the jail's Programs Unit . The Programs Unit screens and monitors inmates keeping them busy doing productive work in the community. • Chief Thomas stated that two new police officers graduated from the Academy today. • Chief Thomas shared that he and Assistant Chief Pat Lowery attended the FBI National Academy Association conference in Chelan last week and received training on marketing and branding the police department. • Chief Thomas stated the Valley Gang Unit was recently recognized for outstanding work by the International Latino Gang Intelligence Agency. • D. Ralph mentioned that a Police Community Meeting is scheduled for September 271h Chief added the meeting will be held at the Kent School District Administration Office Boardroom at 6:30 PM. The address is 12033 SE 2561h St, Kent. • D. Ralph shared that the Kent Police Youth Board, comprised of middle and high school students, will be holding a meeting on September 121h at the Kent School District Administration Office. She invited teens to attend and work with peers. Stacy Judd is the contact and can be reached at (253) 856-5883. S. Amend Kent City Code 9.36 — New Section — DUI Cost Recovery — Ordinance - ADOPT Deputy City Attorney Patrick Fitzpatrick stated the amended to the ordinance would provide a mechanism for the city to recoup some of the costs from an individual who is responsible for creating the need for an emergency response to an incident due to their intoxications. D. Ralph moved to recommend Council adopt an ordinance adding a new section 9.36.120, entitled "Emergency response caused by person's intoxication — Recovery of costs from convicted person." The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. 9. 2012 Emeraencv Management Performance Grant — ACCEPT and AUTHORIZE Brian Felczak, Program Manager for Emergency Management, explained how the grant funds will be used. L. Thomas asked for clarification on why the grant is presented to the city through a committee as the Kent Fire Department is now the Kent Regional Fire Authority. B. Felczak stated the grant passes through the city as these types of grants are awarded to municipalities. D. Ralph moved to recommend accepting the 2012 Emergency Management Performance Grant (EMPG) from Washington State Military Department, Emergency Management Division, in the amount of $105,500 and authorizing the Mayor to sign the contract. The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. The meeting adjourned at 5:20 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 September 11, 2012 PUBLIC WORKS COMMITTEE Minutes of Monday, September 17, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and committee member Dennis Higgins were present. Councilmember Dana Ralph was absent. The meeting was called to order at 4:09 p.m. Albertson noted that she had Ralph's concurrence on all action items. Item 1 — Approval of Meeting Minutes Dated August 20, 2012: Higgins MOVED to approve the minutes of August 20, 2012. The motion was SECONDED by Albertson and PASSED 3-0, with Ralph's concurrence. Item 2 — Information Only/SE 223Id Drive/SE 224th Street Neighborhood Traffic Concerns: Councilmember Albertson noted that she had letters from Kathy Michelson and Robin Clark who live in the neighborhood, but were unable to attend the meeting, but wanted their concerns to be heard. Residents in the neighborhood along SE 223rd Drive/SE 224th Street corridor, between 116th Avenue SE and 132"d Avenue SE have expressed concerns about vehicle speeds and cut-through traffic. These concerns were heightened by a fatality collision on August 22, 2012. The following citizens voiced their specific concerns regarding traffic in their neighborhood: • Mathew Richner - One of the first people on the scene of the fatality accident - Has talked about the speeding issues with Councilmember Higgins in the past - Collected 73 community signatures to slow people down with speed bumps or traffic circles - Need to put in something to impede the traffic - Would like to see speed bumps put in Barb Bennum - Can hardly get out of her driveway because of speeding cars - Noted there have been two fatalities in the past 12 years. One of which was a child - Need more Police Officers that watch the area - Asked if the neighborhood needed to pool their money together to get something done - Asked that if there is going to be something done, do it in a timely manner - Feels one lawsuit would cost much more than a traffic device - Has noticed Metro buses and School buses speeding in the area - Feels that even 5 miles per hour over the limit is too much in a residential neighborhood • Wade Schwartz - - Encouraged his neighbors to join the neighborhood council. He is happy to get his information out to everyone. He would like to see this get going as quickly as possible. PUBLIC WORKS COMMITTEE Minutes of Monday, September 17, 2012 - Too many people blowing through the stop signs and speeding. Something needs to be done. • Jenny Smith - People speed on the entire street - Asked if the placement of the speed counter could be moved to where she feels people speed more. - Has witnessed accidents numerous times. - Someone totaled her husband's vehicle while parked in their driveway - Need to figure out how to slow people down • Ken Kauffman - Mailman in the area for 28 years - People blow through Stop signs on a regular basis - Would like to see speed bumps put in near the Stop signs - It would be a good idea to put a speed camera in high speed areas similar to the cameras they have in School Zones • Barbara & William Lindow (spoke separately) - Have lived in the area for 25 years - Road is twisty and used as a cut through - Noted that there are four schools within a 6-8 blocks area - Has witnessed numerous accidents involving property damage - Doesn't feel a roundabout is going to help slow people down - Worst time 5pm to 11pm at night with Friday and Saturday's being the worst time - Some speeding motorcyclists - Nothing could have stopped the drunk driver - Offered to let Officers park near their driveway to catch speeders - Young girl that was killed pulled out and didn't stop at the stop sign, motorist was not speeding - If you are stupid enough to speed you are stupid enough to pay the ticket Chad Bieren, City Engineer noted that he and Rob Knutsen had met with residents on site Wednesday, September 12, 2012. From that meeting it was decided that an additional speed and volume study would be conducted in the area. There is a neighborhood meeting scheduled for Wednesday, October 3, at Sunrise Elementary School, in the library, beginning at 6:30 p.m. Higgins noted that the area was annexed in July 2010 and that shortly thereafter, Mr. Richner contacted the City about the speeding and traffic in the area. The neighborhood had tried for several years to get King County to help with no results. Knutsen provided a map of the area with the following statistics: Westbound on SE 223rd Drive in 2010, 1,175 vehicles per day traveled the roadway at 33.5 miles per hour Westbound on SE 223rd Drive in 2012, 1,213 vehicles per day traveled the roadway at 33.3 miles per hour PUBLIC WORKS COMMITTEE Minutes of Monday, September 17, 2012 Eastbound on SE 223rd Drive in 2010, 1,155 vehicles per day traveled the roadway at 32.7 miles per hour Eastbound on SE 223rd Drive in 2012, 1,169 vehicles per day traveled the roadway at 30.6 miles per hour Knutsen reminded everyone that if they see speeding in the area to call 911 and state that it is a non emergency related to speeding in the area. Information Only/No Motion Required Item 3 — Information Only/General Traffic Calming - Update: Rob Knutsen, Transportation Engineering Specialist, noted that three neighborhoods are working through Phase 2 of the Residential Traffic Calming Program (RTCP). Those three areas have met the criteria to be considered for a physical change to their roadway, either traffic circles or speed humps. Knutsen provided a shortened version of his PowerPoint presentation. Information Only/No Motion Required Item 4 — Public Works Trust Fund Loan Approval: Sean Bauer, Interim Water Superintendent stated that he was there to request authorization for council to sign the Public Works Trust Fund Loan in the amount of $2 million to help finance the Tacoma Regional Water Supply System filtration plant. Higgins stated that he had been there on a tour and that this has been planned for quite a long time and that this is the last contribution to the project. Higgins MOVED to recommend Council authorize the Mayor to sign an agreement with the Washington State Public Works Board for a $2-million Public Works Trust Fund Loan to help finance the Tacoma Regional Water Supply System filtration plant, upon approval of the language therein by the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Ralph's concurrence. Item 5 — Consultant Services Agreement/Gray & Osborne, Inc. - Guiberson Reservoir Replacement: Ken Langholz, Design Engineering Supervisor, noted that Gray & Osborne, Inc. was selected to perform the design for the new reservoir. Under a previous contract, Gray & Osborne, Inc. provided the City with the conceptual design and recommendations for the new reservoir. This contract is for design of the new 7 million gallon reservoir. Gray & Osborne, Inc. was selected because of their experience in designing reservoirs of this size and scope. The recently completed 640 Zone reservoir was designed by Gray & Osborne, Inc. Kent Engineering staff will complete the site design around the reservoir, along with the plans, specifications and engineer's estimate. Langholz provided a rendering of what the new reservoir could look like. Langholz also noted PUBLIC WORKS COMMITTEE Minutes of Monday, September 17, 2012 that there is money in the budget for the design of the reservoir only and that if the project was to be delayed the design would still be usable, we would most likely just have to renew the permit. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Gray & Osborne, Inc. in an amount not to exceed $259,642 to provide Engineering services for the Guiberson Reservoir Replacement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Ralph's concurrence. Item 6 —Consultant Services Agreement/Tierra Right of Way Services LTD — Negotiations for Property Acquisition along SE 256th Street: Mark Madfai noted that items 6 and 7 are related. In order to construct the improvements along SE 256th Street and widen the roadway, some strips of property will be required from adjacent properties. The consultants would be used to negotiate the final terms of any agreement with the property owner. The contracts were split up in order to expedite the negotiations as they take some time due to mitigation issues. Staff is moving forward with acquisition and design. Staff is working closely with the Transportation Improvement Board (TIB); right of way acquisition is one of the items we need to have done. LaPorte noted that if you don't own the right of way you don't own the project schedule. We do have enough funding to purchase the right of way; however, the project construction is not funded at this time. The City was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board (TIB) for the repair, widening and upgrading of SE 256th Street between Kent-Kangley Road and 116th Avenue SE. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tierra Right of Way Services LTD in an amount not to exceed $24,460 to provide negotiation services to acquire property along SE 256th Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Ralph's concurrence. Item 7 - Consultant Services Agreement/Certified Land Services Corporation — Property Acquisition along SE 256th Street: Mark Madfai noted that items 6 and 7 are related. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Certified Land Services Corporation in an amount not to exceed $18,315 to provide negotiation services to acquire PUBLIC WORKS COMMITTEE Minutes of Monday, September 17, 2012 property along SE 256th Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Ralph's concurrence. Item 8 —Consultant Services Agreement/AMEC — Lower Russell Road Levee: Mark Madfai, noted that this request is for a Consultant Services Agreement with AMEC to analyze the risk and provide recommendations for repair of an embankment failure in the Lower Russell Road levee segment. This contract will be for AMEC to prepare a report on the embankment failure and to update the Conditional Letter of Map Revision (CLOMR) and address any additional comments from FEMA once their review continues. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with AMEC Environmental & Infrastructure, Inc. in an amount not to exceed $24,570 to provide Geotechnical and Levee Certification Services for the Lower Russell Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Ralph's concurrence. Item 9 — Information Only/Alvord T Bridge Closure - Update: Public Works Director, Tim LaPorte provided an update on the Alvord T Bridge Closure. King County intends to close the bridge and remove it during the summer of 2013. No replacement bridge would be constructed. No Motion Required/Information Only Item 10 — Information Only/Levee Update: Public Works Director, Tim LaPorte stated he wanted to brief the committee in advance of the Workshop scheduled for Tuesday about events that have transpired in the past three weeks. We have received correspondence from the Lakes neighborhood, 6 state legislators and four valley Mayors. The King County Flood Control District's Executive Committee voted to go ahead with the acquisition of the Rivers Edge Business Park along the Briscoe Desimone levee. This item was not brought before the District's Advisory Committee. They directed staff to proceed with the acquisition. Emiko Atherton, Julia Patterson's Chief of Staff, will attend the Council Workshop on Councilmember Patterson's behalf. The other valley cities have joined the City of Kent in voicing their concerns about these purchases and that; they won't have money left to fix the eminent needs. Councilmembers feel that we need to start informing our constituents about this situation. No Motion Required/Information Only PUBLIC WORKS COMMITTEE Minutes of Monday, September 17, 2012 ADDED ITEM - SR 167 Hot Lanes: Tim LaPorte showed visuals of the SR 167 High Occupancy Toll (HOT) Lanes and the extension of SR 167 from Puyallup to Tacoma. The City of Kent Public Works committee supports the proposed legislation before the state legislature to authorize the continued use of the SR 167 HOT Lanes and to extend the limits of the SR 167 Hot Lanes from S 277th Street in King County to 8th Street E in Pierce County. Based on a request from the Washington State Department of Transportation, the Public Works Committee will send a letter supporting completion of the SR167 HOT Lanes, SR167/I405 interchange and the South end of SR167 to the Port of Tacoma. The meeting was adjourned at 6:03 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION