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Home My WebLink AboutCity Council Meeting - Council - Agenda - 10/17/2017adccW15902 CITY OF KENT Council MeetingAgenda Mayor Suzette Cooke Council President Bill Boyce Councilmembers Jim Berrios Tina Budell Brenda Fincher Dennis Higgins Dana Ralph Les Thomas October 17, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS October 17, 2017 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time 2018 Mid-Biennium Budget Adjustment Review Aaron BeMiller 90 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Appointments to Kent Arts Commission C. Proclamation for National Arts and Humanities Month D. Proclamation for National Head Start Awareness Month E. Community Events F. Public Safety Update G. Intergovernmental Reports 5. PUBLIC HEARING A. Potential Surplus of a Portion of Morrill Meadows/East Hill Park and Removal of any Restrictive Covenants for Construction of a YMCA Center – Resolution – Adopt B. 2018 Mid-Biennium Budget Adjustment - Second Public Hearing C. 2017 Tax Levy for 2018 Budget D. 2018-2023 Capital Improvement Plan - Second Public Hearing E. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees 6. PUBLIC COMMENT - – If you wish to speak to the Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 7. CONSENT CALENDAR A. Minutes of October 3, 2017, Workshop and Council Meetings – Approve B. Payment of Bills – Approve C. Ordinance Accepting Transfer of Control of Astound Broadband to Radiate Hold Co – Adopt D. Reappointments to the Kent Arts Commission – Confirm E. Sounder Access Improvement Project Recommendation – Authorize F. Yakima County Inmate Housing Interlocal Agreement – Authorize G. Puget Sound Emergency Radio Network Lease Agreement – Cambridge Water Tank Site – Authorize H. Commute Trip Reduction Grant – Accept I. Grievance Procedure – Americans with Disabilities Act – Authorize J. U.S. Geological Survey Joint Funding Agreement – Authorize K. Internal Financing – Phase 1 LID 363 Project – Ordinance - Adopt L. Interagency Agreement – DUI Operations and Training – Authorize M. Bill of Sale for Stryker Business Center Phase 2 WULF – Accept N. Central Avenue South Pavement Preservation and Utility Improvements – Accept as Complete 8. OTHER BUSINESS A. Assignment of accesso ShoWare Lease between the Seattle Thunderbirds and City of Kent – Approve 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1-800-833-6388. COUNCIL WORKSHOP A) 2018 Mid-Biennium Budget Adjustment Review/Aaron BeMiller This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Appointments to Kent Arts Commission C) Proclamation for National Arts and Humanities Month D) Proclamation for National Head Start Awareness Month E) Community Events F) Public Safety Update G) Intergovernmental Reports PROCLAMATTON WHEREAg the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for 30 years; and WHEREAS|, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and WHEREAg the afts and humanities enhance and enrich the lives of every American; and WHEREAS, the arts and humanities play a unique role in the lives of our families, our communities, and our country; and WHEREA$ the nonprofit arts industry also strengthens our economy by generating $135 billion in total economic activity annually, $22.3.b¡llion in government revenue and by suppotting the full- time equivalent of 4.L million jobs; WHEREAg the Kent Afts Commission was established on October 20 of t975, and has been serving the city of Kent with high quality visual and performing arts programs and cultural oppoftunities for 42 years. NOW. THEREFORE,I, Mayor Suzette Cooke, do hereby proclaim the month of October as National Arts and Humanities Month and urge all our citizens to celebrate, promote, and take action for arts and culture in our nation and to recognize the substantial contributions the Kent Arts Commission has made to our city. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Kent this 17th day of October 2Ot7. KENT WAsnrNGTolt Cooke, Mayor PROCLAMATTON Whereas, Since its establishment in 1965, the National Head Start Program has helped over eight million low-income pre-school children and their families throughout the United States, In so doing, it has earned recognition and support for its success in early childhood education and development; and, Whereas, Equally important, the health and nutrition aspects of the program have improved the prevention, detection, and treatment of children's medical, dental, and nutritional problems, thereby removing barriers to growth and learning; and, Whereas, Perhaps the most significant factor in the success of Head Start has been the involvement of parents, volunteers, and the community. Their commitment and the services provided by dedicated Head Start staff have been instrumental in creating a quality program that truly provides young children with a "head start" in life; and, Whereas, In Kent, we are fortunate and thankful that Kent Youth and Family Services and Puget Sound Educational Services District are providers of "head start" programs for youth in our community. NOW, THEREFORE,I, Suzette Cooke, Mayor of the city of Kent, do hereby designate the month of October as Head Start Awareness Month In the city of Kent, Washington. In witness whereof, I have hereunto set my hand and caused the seäl of Kent to be affixed this 17th day of October, 2Ot7. KENT WASHTHGToN Cooke, Mayor Agenda Item: Public Hearing – 5A_ TO: City Council DATE: October 17, 2017 SUBJECT: Potential Surplus of a Portion of Morrill Meadows/East Hill Park and Removal of any Restrictive Covenants for Construction of a YMCA Center – Resolution – Adopt SUMMARY: As explained more fully in the attached resolution, the city is in the process of a joint venture with the YMCA of Greater Seattle to construct a new YMCA facility in a portion of the city’s Morrill Meadows/East Hill Park. The city’s surplus property code requires a public meeting before the council can declare the property surplus, and a new public law also requires a public hearing if a restrictive covenant on the property will be removed as part of the sale. In this case, some of the affected park property is restricted for outdoor recreational use due to grant conditions imposed by the state Recreation and Resource Conservation Office (RCO), and another portion is reserved open space due to funding restrictions imposed by King County. Since the YMCA facility will be for indoor recreation, the outdoor recreation and open space restrictions will have to be removed, and in accordance with the new law, a public hearing is required. However, as the RCO and King County may require, the City will locate and designate replacement outdoor recreation and open space property to compensate for any loss of use. City staff will provide a presentation on this proposal before inviting testimony from the public. EXHIBITS: Resolution and its attached exhibits RECOMMENDED BY: Administration; Parks, Recreation, and Human Services Director BUDGET IMPACTS: None; once negotiated, there will be project costs, which will be presented to the city council for approval. MOTION: Adopt Resolution No. , authorizing the surplus of a portion of Morrill Meadows/East Hill Park to allow the YMCA of Greater Seattle to construct a new indoor recreational facility, authorizing the removal of certain restricted covenants on the property in accordance with King County and Recreation and Resource Conservation Office requirements, and authorizing the mayor to take all necessary actions in accordance with this resolution. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, approving consideration for sale of a portion of the City’s Morrill Meadows/East Hill Park for development of a new YMCA facility; declaring the property to be surplus in order to facilitate the YMCA improvements; approving the removal, to the extent necessary, of restrictive covenants or other real property restrictions related to preservation of portions of the property for outdoor recreation and open space purposes, subject to any necessary approval of the state Recreation and Conservation Office and King County Department of Natural Resources and Parks; and authorizing the Mayor to take all appropriate actions consistent with this resolution. RECITALS A. Pursuant to RCW 35A.11.010, the City is authorized to dispose of real property for the common benefit. B. Approximately three years ago, representatives of the YMCA of Greater Seattle approached City representatives with a conceptual proposal to construct a YMCA facility in Kent. C. The City and the YMCA agreed that a new YMCA facility would provide a significant benefit to the community and eventually agreed that the best location would be to develop the facility within the easterly portion of the City’s Morrill Meadows/East Hill Park. D. On October 23, 2015, the City and the YMCA entered into a Memorandum of Agreement that outlined the general principles to be 1 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants employed between the parties to begin the joint development of the new YMCA facility. E. The current project proposal includes construction of an approximately 50,000 square foot building with a swimming pool larger than the YMCA’s standard for a community facility of this size, as well as options for facility use that will bring particularized benefit to Kent residents. Under the proposal, the City would convey to the YMCA by deed the necessary property to construct the facility. However, the scope of the project, details of the property’s ownership and reversionary issues, and construction responsibilities are subject to continued negotiations. F. Pursuant to the City’s surplus property process, the city council determined on June 6, 2017, to start considering whether the City should surplus the property needed for the YMCA project. In accord with Chapter 3.12 of the Kent City Code, the City published timely notice to the public, posted notice as required by the ordinance, and mailed notice to nearby property owners that the City would be considering whether to surplus the property upon which the YMCA facility is proposed to be constructed. Because the City entered into the Memorandum of Agreement with the YMCA before the city council enacted Chapter 3.12 of the City code, details of the proposed transfer to the YMCA are more advanced than would normally occur under the City’s surplus provisions, and accordingly, those details are provided in this resolution. G. On July 23, 2017, House Bill 1959, the “land covenant preservation and transparency act,” took effect, which is codified in part in RCW 35A.21.410. This act requires that, when a local government agency intends to remove a restrictive covenant from real property, it should be through an open process subject to a public hearing. H. Portions of the property that will be used for the YMCA facility and the adjoining parking area were purchased through grants from the state 2 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants Recreation and Conservation Office (RCO), and funds acquired through King County’s 1989 Open Space Bond Program, as supplemented by King County’s Conservation Futures Program. A condition of the RCO grants was that the property would be used only for outdoor recreation, and a condition of the King County funds was that the property would be maintained as open space. However, both programs anticipate that community needs change over time, and they contemplate and allow for negotiated conversion and replacement by funding recipients. Because the YMCA facility and the parking area that will serve it will be used for indoor recreation, the RCO grant restriction will have to be removed. Additionally, because a portion of the property acquired with King County open space/conservation futures funds will need to be transferred to the YMCA for it to construct its building, the King County open space restriction will also have to be removed from that property. I. In order to remove the RCO restriction, the City will have to obtain property of equal outdoor recreational value to replace the area being removed from outdoor recreation use, all subject to the RCO’s prior approval. The City and the RCO have commenced the process to locate suitable replacement property. As for King County’s open space restriction, the City will continue its work with King County to determine to what extent additional replacement property may be necessary. However, the end result in both instances is that once the negotiated conversion process is accomplished, there will be no net loss of open space or outdoor recreational use and value in the City. J. On August 18, 2017, the City’s State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non-Significance for the surplus property proposal. K. Having complied with the procedures and provisions of the Kent City Code relating to consideration of City-owned property for surplus, and having complied with the public hearing requirements of the land covenant preservation and transparency act, the city council has determined that it is 3 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants appropriate and timely to surplus those portions of Morrill Meadows/East Hill Park needed to support the construction of the new YMCA facility. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter. SECTION 2. – Public’s Best Interest. It is in the public’s best interest that the portions of the Morrill Meadow/East Hill Park be converted by sale or lease to use by the YMCA of Greater Seattle for a new community recreation facility. SECTION 3. – Property Deemed Surplus. To fulfill the public meeting requirement for surplus property under Chapter 3.12 of the Kent City Code, a public hearing was held on October 17, 2017, at a regular meeting of the Kent City Council. After due consideration, the property upon which the YMCA building will be located, and which will be transferred by deed to the YMCA subject to any negotiated reversionary provision, is declared surplus property. For illustration purposes, this surplus property is generally bordered in red on the attached and incorporated Exhibit A. The city council makes this surplus determination in order to allow for the future transfer of the property to the YMCA and to gain the recreational value to be received by that transfer. The Mayor is authorized to take all appropriate acts to fulfill the decisions made by this resolution, but any final joint development agreement, sale, or lease of the property must first be approved by the city council. SECTION 4. – Land Covenant Preservation and Transparency Act. A public hearing was held on October 17, 2017, at a regular meeting of the Kent City Council to receive testimony on the subject of removing grant and 4 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants deed requirements that restrict portions of the property for open space and outdoor recreational use, because after project completion, the YMCA building and certain related areas will be used for, or in support of, indoor recreation. After due consideration, Council requests the Mayor continue to work with the state Recreation and Conservation Office and King County to remove any covenant that limits use of the areas outlined in blue (RCO) and green (King County) on the attached and incorporated Exhibit B for open space or outdoor recreation purposes. The Mayor is authorized to take all appropriate acts to fulfill the decisions made by this resolution, but any final agreement to purchase necessary replacement property must first be approved by the city council. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. – 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 , 2017. CONCURRED in by the Mayor of the City of Kent this _____ day of __________, 2017. SUZETTE COOKE, MAYOR 5 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY P:\Civil\Resolution\YMCA-SurplusPropertyRestrictiveCovenantRemoval-MorrillMeadows-101717.docx 6 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants EXHIBIT A 7 Exhibit A to Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants EXHIBIT B 8 Exhibit B to Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants Agenda Item: Public Hearing – 5B_ TO: City Council DATE: October 17, 2017 SUBJECT: 2018 Mid-Biennium Budget Adjustment - Second Public Hearing SUMMARY: This is the second public hearing on the 2018 Mid-Biennium Budget Adjustment at the regular City Council meeting. Public input is welcome as the City prepares the 2018 Mid-Biennium Budget Adjustment. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Public hearing only. No motion required. This page intentionally left blank. Agenda Item: Public Hearing – 5C_ TO: City Council DATE: October 17, 2017 SUBJECT: 2017 Tax Levy for 2018 Budget SUMMARY: This is the public hearing on the 2017 Tax Levy for the 2018 Budget. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Public hearing only. No motion required. This page intentionally left blank. Agenda Item: Public Hearing – 5D_ TO: City Council DATE: October 17, 2017 SUBJECT: 2018-2023 Capital Improvement Plan - Second Public Hearing SUMMARY: This date has been set for the second public hearing on the 2018-2023 Capital Improvement Plan. The Capital Improvement Plan is incorporated into the Capital Facilities Element of the Kent Comprehensive Plan. Public input is welcome. EXHIBITS: Draft 2018-2023 Capital Improvement Plan (CIP) and Addendum to the Kent Comprehensive Plan Environmental Impact Statement RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Public hearing only. No motion required. 2018-2023 Capital Improvement Program September 25, 2017 City Resources 31% Utility Resources 37% Other Resources 32% Sources of Funds General Government 5% Parks, Rec & Comm Services 15% Transportation 37% Utilities 41% Projects by Category This page intentionally left blank. KENT ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895WAsHtNcroN CITY OF KENT ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONM ENTAL IM PACT STATEM ENT Responsible Official: Charlene Anderson SCOPE The City of Kent has completed environmental analys¡s, pursuant to the State Environmental Policy Act (SEPA), for an amendment of the Capital Facilities Element of the Comprehensive Plan to include the City's 2OL8-2O23 Capital Improvement Program (CIP). This amendment to the Capital Facilities Element is occurring concurrently with the adoption of the City's 2018 mid- biennial budget adjustment as provided by RCW 36,704.130. The GMA requires cities and counties to approve and maintain a six (6) year capital facilities plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. Kent's biennial budget document and six-year CIP fulfill the GMA requirement for facilities planning. In addition, these documents serve as a foundation for the City's fiscal management and eligibility for grants and loans. The CIP, biennial budget and Capital Facilities Element of the Comprehensive Plan provide coordination among the City's many plans for capital improvements and guide and implement the provisions for adequate public services and facilities. The six-year CIP is a funding mechanism to implement projects and programs identified in the City's Comprehensive Plan. Specifically, the Capital Facilities Element of the Comprehensive Plan contains goals and policies related to the provision and maintenance of public services and capital facilities which are necessary to support the projected growth over the next twenty (20) years, The goals and policies of the Capital Facilities Element are consistent with the Land Use, Transportation and Parks and Recreation Elements. The City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement (EIS), draft and final, as well as the Downtown Subarea Action Plan Planned Action Supplemental (SEIS), draft and final, evaluated the growth potential as identified in the City's Comprehensive Plan, The adoption of the six-year CIP concurrently with the City's mid-biennial budget adjustment is consistent with the Comprehensive Plan EIS and Downtown Subarea Action Plan Supplemental EIS analyses, as Comprehensive Plan EIS - Addendum Capital Improvement Program 2Ot8-2023 the types of projects and programs identified in the CIP are specifically related to the growth project¡ons in the Comprehensive Plan, EIS and SEIS. SEPA Cowrpr-rRNcr On February 13, 2010, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Midway Subarea Plan and Planned Action Ordinance as well as different concepts for growth elsewhere in the Kent Planning Area (ENV-2010-3).The City solicited public comment on the scope of the DEIS during the comment period as well as through a February 22, 2010 open house meeting. A Draft Environmental Impact Statement (DEIS) was issued on October 22,2010 for the Draft Midway Subarea Plan and Draft Planned Action Ordinance, as well as a Proposal for alternative growth strategies at a programmatic level for the Kent Planning Area. The DEIS was distributed to City Council and Land Use & Planning Board members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement (FEIS) was issued and distributed on September L,20LL. On October 9, 20t2, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Downtown Subarea Action Plan Update (ENV-2012-30). The City solicited public comment on the scope of the DEIS during the comment period, as well as through an open house meeting, A Draft Supplemental Environmental Impact Statement (DSEIS) was issued on June 21, 2013 for the Draft Downtown Subarea Action Plan, amendments of Comprehensive Plan Land Use and Zoning Districts maps, development regulations, Planned Action and Infill Exemption Ordinances, as well as alternative growth strategies at a programmatic level for the Kent Planning Area and Midway Subarea. The DSEIS was distributed to City Council and Land Use & Planning Board members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DSEIS were solicited and reviewed, a Final Supplemental Environmental Impact Statement (FSEIS) was issued and distributed on October 4,2013. This Addendum to the City of Kent Comprehensive Plan Review, Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS evaluates the adoption of the six-year CIP, No additional impacts are identified since the CIP implements projects and programs identified and evaluated in the EIS and SEIS. SrRrrurrur oF CoNSrsrENcY Future projects associated with the CIP will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, International Fire Code, International Building Code, Public Works Standards and all other applicable laws and ordinances in effect at the time a complete project permit application is filed. Page 2 of 5 Comprehensive Plan EIS - Addendum Capital Improvement Program 2OIB-2023 EITIvTROTT'I TNTAL REVIEW - BACKGRoUND The City of Kent has followed the process of phased environmental review asit undertakes actions to implement the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197- 11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. Nonproject Documents - An EIS prepared for a comprehensive plan, development regulation, or other broad based policy documents are considered "non-project," or programmatic in nature (see WAC t97-7t-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitigation prior to adoption of an alternative. It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC L97-t1-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal. SEPA rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid duplication and excess paperwork. Future projects identified and associated with the implementation of the Capital Improvement Program may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action on October 22, 2010 (#ENV-2010-3). The DEIS analyzed alternative growth strategies at a programmatic level for the Kent Planning Area, as well as adoption of the Midway Subarea Plan and a planned action ordinance to cover a portion of the Midway Subarea, and recommended mitigation measures which were used in preparing subarea plan policies. A Final Environmental Impact Statement (FEIS) was issued on September 1, 20LL, and the Midway Subarea Plan, Land Use Plan and Zoning Districts Map amendments, as well as development regulations, were adopted by the City Council on December t3,20LL. The City of Kent issued a Draft Supplemental Environmental Impact Statement (DSEIS) for the City of Kent Downtown Subarea Action Plan Planned Action on June 2L, 20L3 (#ENV-2012-30). The DSEIS analyzed alternative growth strategies for the Downtown Subarea, adoption of the Downtown Subarea Action Plan, amendments of Comprehensive Plan Land Use and Zoning District maps, development regulations, Planned Action and Infill Exemption Ordinances, as well as alternative growth strategies at a Page 3 of 5 Comprehensive Plan EIS - Addendum Capital Improvement Program 2Ot8-2O23 programmatic level for the Kent Planning Area and Midway Subarea. The DSEIS also recommended mitigation measures which were used in preparing subarea plan policies. A Final Supplemental Environmental Impact Statement (FSEIS) was issued on October 4, 20L3, and the Downtown Subarea Action Plan, amendments to the Comprehensive Plan Land Use and Zoning Districts maps, and amendments to development regulations within the General Commercial-Mixed Use zoning district were adopted by the City Council on November t9, 2013. The City Council adopted the Downtown Subarea Planned Action and Infill Exemption Ordinances on December 10, 2013. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the described actions. This analysis builds upon the City of Kent Comprehensive Plan Review, Midway Subarea Planned Action EIS, and the City of Kent Downtown Subarea Action Plan Planned Action SEIS but does not substantially change the identified impacts and analyses; therefore it is prudent to utilize the addendum process as outlined in WAC-t97-L1-600(a)(c), E ruvI RoITI IvI ENTAL E LEM ENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS, draft and final, and the Downtown Subarea Action Plan Planned Action SEIS, draft and final. Further, subsequent "project" actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific cond itions, The adoption of the six-year CIP implements goals and policies identified in the City's Capital Facilities Element of the Comprehensive Plan. Specifically, the CIP implements the following: Goal CF-7 - As the City of Kent continues to grow and develop, ensure that an adequate supply and range of public services and capital facilities are available to provide satisfactory standards of public health, safety, and quality of life. Policy CF-7.2 - Ensure that public services and capital facilities needs are addressed in updates to Capital Facilities Plans and Capital Improvement Programs, and development regulations as appropriate. Policy CF-7.3 To ensure financial feasibility, provide needed public services and facilities that the City has the ability to fund, or that the City has the authority to require others to provide. Goal CF-10 Ensure that appropriate funding sources are available to acquire or bond for the provision of needed public services and facilities. Page 4 of 5 Comprehensive Plan EIS - Addendum Capital Improvement Program 2OIB-2023 Sulv lvtRRy AND RECoMM EN DATIoN Su¡,lt¡RRy Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. This nonproject action has been evaluated in light of those substantive plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action SEIS. Declsrorrr The City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS, draft and final, along with the City of Kent Downtown Subarea Action Plan Planned Action SEIS, draft and final, provided analyses with regard to the implementation of the Comprehensive Plan elements, goals and policies. This includes the implementation of the Capital Facilities Element and Capital Improvement Programs. The City has reviewed the 2018-2023 CIP and has found it to be consistent with the ranger types and magnitude of impacts and corresponding mitigation outlined in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the City of Kent Downtown Subarea Action Plan Planned Action SEIS. The adoption of the six-year CIP does not substantially change any identified related impacts in the EIS or SEIS. This analysis and subsequent addendum did not identify any new significant impacts associated with the adoption of the 20t8-2O23 CIP. Therefore, this addendum, combined with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the City of Kent Downtown Subarea Action Plan Planned Action SEIS adequately evaluate potential adverse environmental impacts and provide appropriate mitigation for this nonproject action, Based upon this analysis, a separate threshold determination is not required, This document and corresponding environmental record may be utilized in the future in conjunction with environmental review for future projects identified in the CIP in accordance with the guidelines provided by wAC 197-11. Dated: September 28, 20L7 Signature: Charlene Anderson, AICP, Responsible Official CA:ct \\Cityvmplv\sdata\Permlt\Plan\COMP_PLAN_AMENDMENTS\2017\CPA-2017-7_City_ClP\CIP_SEPA_Addendum2018-2023.d0c Page 5 of 5 This page intentionally left blank. Agenda Item: Public Hearing – 5E_ TO: City Council DATE: October 17, 2017 SUBJECT: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees 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 Auburn, Federal Way, Highline and Kent School Districts. 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 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 17, 2017. Any Council action is taken concurrently with adoption of the budget. The Auburn, Kent, Federal Way and Highline School Districts have submitted updated Capital Facilities Plans for Council review and consideration. EXHIBITS: 1) Staff memo dated 10/17/17 2) Auburn, Federal Way, Highline and Kent School Districts Capital Facilities Plans 3) SEPA checklists and threshold determinations 4) Comparison Tables 1, 2 and 3 5) Annual Impact Fee Report from Auburn, Federal Way and Kent School Districts 6) Code References – RCW 36.70A.020 & 070, RCW 82.02.050, KCC 12.13.060-090, KCC 12.13.140 RECOMMENDED BY: Staff BUDGET IMPACTS: N/A MOTION: Public hearing only. No motion required. The issue will be decided concurrently with adoption of the 2018 Mid-Biennial Budget Adjustment. This page intentionally left blank. ECONOMIC AND COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 October 17, 2017 To: Mayor Suzette Cooke, Council President Bill Boyce 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 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 Auburn, Federal Way, Highline and Kent School Districts. 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 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 17, 2017. 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 updated capital facility plans (KCC 12.13.060 & 070). The Auburn, Federal Way, Highline and Kent School Districts submitted their 2017/18 – 2022/23 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 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. MOTION: None at this time. This issue will be decided concurrently with adoption of the 2018 Mid-Biennial Budget Adjustment. The Auburn, Kent, Federal Way and Highline School Districts propose amendment 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 plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and expected funding. The Kent School District proposes to increase their existing school impact fees for single family units from $5,100 to $5,235 (an increase of $135 or 2.6%) and increase their fees for multifamily units from $2,210 to $2,267 (an increase of $57 or 2.6%). The Federal Way School District proposes to increase their existing school impact fees for single family units from $3,198 to $6,842 (an increase of $3,644 or 113.9%) and increase their fees for multifamily units from $8,386 to $20,086 (an increase of $11,700 or 139.5%). The Auburn School District proposes to decrease their existing school impact fees for single family units from $5,469.37 to $3,321.86 (a decrease of $2,147.51 or 39.3%) and increase their fees for multifamily units from $1,639.70 to $2,081.29 (an increase of $441.59 or 26.9%). The only area in Kent where Auburn School District’s impact fees are applied is the Verdana or Bridges Planned Unit Development on the former impoundment reservoir site. The Highline School District proposes to decrease their existing school impact fees for single family units from $7,528 to $2,290 (a decrease of $5,238 or 69.6%) and decrease their fees for multifamily units from $6,691 to $3,162 (a decrease of $3,529 or 52.7%). The Highline School District covers the northern section of the Midway Subarea. Included with this memo are comparison tables among the four school districts, historical data on the school impact fees and a list of impact fee expenditures for each of the school districts except Highline which did not have any Kent development that would have incurred impact fees. CA\pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2017\CPA-2017-2 SCHOOL DISTS' CAP FAC PLANS\CPA-2017-2_hearing10172017.doc Enc: School Districts’ Capital Facilities Plans Determinations of Nonsignificance Environmental Checklists List of Impact Fee Expenditures – Kent, Auburn, Federal Way RCW 36.70A.020 & 070, RCW 82.02.050 KCC 12.13.060-090, KCC 12.13.140 Comparison Tables and Historical Data (Tables 1, 2, and 3) cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, AICP, Planning Manager Project File CPA-2017-2 Parties of Record Kent Comprehensive Plan and Kent City Code Chapter 12.13 Amendments, School District Capital Facilities Plans-Impact Fees 10/17/17 City Council Meeting Page 2 of 2 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 Adopted by the Auburn School District Board of Directors June 26, 2017 915 Fourth Street NE Auburn, Washington 98002 Unincorporated King County City of Auburn Serving Students in: Ray Vefik Robyn Mulenga Anne Baunach (253) 931-4900 City of Pacific City of Algona City of Kent City of Black Diamond Dr. Alan Spicciati, Superintendent BOARD of DIRECTORS Ryan Van Quill Laurie Bishop Section I Executive Summary ……………………Page 1 Section II Enrollment Projections…………………Page 6 Section III Standard of Service…………………… Page 8 Section IV Inventory of Facilities……………………Page 16 Section V Pupil Capacity……………………………Page 20 Section VI Capital Construction Plan………………Page 23 Section VII Impact Fees………………………………Page 27 Section VIII Appendices…………………………..… Page 31 Appendix A.1 - Student Enrollment Projections Page 32 Appendix A.2 - Capital Facilities Plan Projections Page 45 Appendix A.3 - Student Generation Survey Page 50 Table of Contents Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 Section I Executive Summary 2 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 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 2017. 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, this 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 24 students and 17.3 students for our nine schools designated as serving high poverty areas; class size for grades 3-4 should not exceed 26 students; class size for grade 5 should not exceed 29 students. When averaged over the six elementary grades, this computes to 23.35 students per classroom. Class size for grades 6-12 should not exceed 30 students, with some subject areas restricted to lesser numbers. Decisions by current legislative actions may create the need for additional classrooms. (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 3 2016-17 capacity was 14,717. The actual number of individual students was 15,945 as of October 1, 2016. (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. The plan includes the replacement of five elementary schools and one middle school, construction of two new elementary schools, and acquisition of future school sites to accommodate growth. The new facilities are required to meet the projected elementary school class size reductions mandated by the State of Washington and student population increases generated by the large development areas within the Auburn School District. Three areas that have significant impact on the school district are the Lakeland South, Lea Hill, and the Auburn west hill areas of the district. There are other pockets of development that impact the District as well. The District completed a comprehensive review of all district facilities 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 unsuccessful in March. The Board determined to rerun only the capital improvements levy in November 2009, which the voters approved. In the fall of 2011, the Board determined to move forward with the Auburn High School Modernization and Reconstruction Project and placed the project 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 Board determined to rerun the bond in November of 2012. In November 2012, the bond passed at 62%. The project was completed during the summer of 2016. In the spring of 2016, the Board determined to move forward with the replacement of six schools and the construction of two new elementary schools. The project was placed before the voters in November 2016 and the bond passed at 62.83%. The first of the projects, the replacement of Olympic Middle School, is scheduled to start construction in March 2018. 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 impacts 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 developed 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. There have been dramatic changes in the student generation factors for single and multi-family in the past five years. The District plans to carefully monitor the numbers over the next several years to determine if this is a trend or an anomaly. The method of collecting the data is with the use of GIS mapping software, data from King County and Pierce County GIS, and integration of 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. Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 EXECUTIVE SUMMARY Listed below is a summary level outline of the changes from the 2016 Capital Facilities Plan that are a part of the 2017 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 II Enrollment Projections Updated projections. See Appendices A.1 & A.2. Section III Standard of Service A. Reduction of maximum K-2 class size from 18.23 to 17.3 students at 9 elementary schools designated as serving high poverty areas in 2016-17. Maximum K-2 class sizes remains at 24 students at the remaining 5 elementary schools. B. Maximum third and fourth grade class size remains at 26 students. C. Maximum 5th grade class size remains at 29 students. Section IV Inventory of Facilities A. Add 1 portable at Evergreen Heights Elementary School. B. Add 1 portable at Gildo Rey Elementary School. C. Add 1 portable at Lakeland Hills Elementary School. D. Add 1 portable at Auburn Mountainview High School. Section V Pupil Capacity The four portables to be placed in August 2017 are needed to accommodate enrollment increases. 4 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 EXECUTIVE SUMMARY Impact Fees CHANGES TO IMPACT FEE DATA ELEMENTS 2016 to 2017 CPF CPF 2016 2017 EXPLANATION Student Generation Factors Single Family Consistent with King County Ordinance 11621, Elementary 0.2260 0.1930 Student Generation Factors are calculated Middle School 0.0820 0.0770 by the school district based on district Sr. High 0.0940 0.0730 records of average actual student generation Multi-Family rates for new developments constructed Elementary 0.0720 0.1030 over the last five years. Middle School 0.0220 0.0310 Sr. High 0.0440 0.0440 School Construction Costs Elementary $48,500,000 $48,500,000 Site Acquisition Costs Cost per acre $413,463 $434,136 Updated estimate based on 5% annual inflation. Area Cost Allowance Boeckh Index $213.23 $213.23 Updated to projected SPI schedule. (July 2016) Match % - State 63.83% 63.29% Updated to current SPI schedule (May 2017) Match % - District 36.89% 36.71% Computed District Average AV Single Family $269,764 $292,035 Updated from March 2017 King County Dept of Assessments data. Multi-Family $113,408 $127,147 Updated from March 2017 King County Dept of Assessments data using average AV for apartments and condominiums. Debt Serv Tax Rate $1.59 $2.65 Current Fiscal Year GO Bond Int Rate 3.27% 3.95% Current Rate (Bond Buyers 20 Index 3-14) Section VIII Appendices Appendix A.1 - Updated enrollment projections from October 1, 2016 Appendix A.2 - Updated enrollment projections with anticipated buildout schedule from April 2017 Appendix A.3 - Student Generation Survey April 2017 DATA ELEMENTS From replacement school cost estimate in May 2016. 5 Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 Section II Enrollment Projections Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 ENROLLMENT PROJECTIONS The Auburn School District uses a modified cohort survival model to project future enrollment for all of the District's operations. Table II.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 six 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 II.1 PROJECTIONS (April 2017) 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 GRADE Actual Projected Projected Projected Projected Projected Projected KDG 1237 1281 1331 1383 1430 1474 1516 1 1210 1292 1342 1395 1441 1485 1528 2 1300 1242 1331 1383 1430 1473 1516 3 1317 1321 1270 1359 1406 1450 1492 4 1237 1341 1351 1302 1387 1430 1472 5 1199 1260 1370 1381 1326 1408 1451 K - 5 7500 7737 7995 8203 8420 8720 8975 6 1152 1196 1263 1375 1382 1324 1403 7 1132 1173 1224 1292 1399 1403 1343 8 1108 1146 1193 1245 1309 1413 1415 6 - 8 3392 3515 3680 3912 4090 4140 4161 9 1261 1258 1302 1353 1400 1461 1564 10 1248 1273 1275 1323 1367 1411 1471 11 1318 1239 1270 1275 1317 1358 1401 12 1226 1396 1323 1357 1356 1395 1435 9 - 12 5053 5166 5170 5308 5440 5625 5871 TOTALS 15,945 16,418 16,845 17,423 17,950 18,485 19,007 GRADES K-12 Actual Projected Projected Projected Projected Projected Projected K-5 7500 7737 7995 8203 8420 8720 8975 6-8 3392 3515 3680 3912 4090 4140 4161 9-12 5053 5166 5170 5308 5440 5625 5871 K-12 15,945 16,418 16,845 17,423 17,950 18,485 19,007 7 Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 Section III Standard of Service Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 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 7,500 students in grades K through 5. The four middle schools house 3,392 students in grades 6 through 8. The District operates three comprehensive senior high schools and one alternative high school, housing 5,053 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 agreements. Changes to class size agreements can have significant impact on available space. The current pupil/teacher limit across all elementary programs is an average of 23.35 students per teacher. Consistent with this staffing limit, room capacities are set at 23.35 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. 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 eleven classrooms to provide for 107 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 @ 23.35 each =(23) Loss of Temporary Capacity 0 rooms @ 23.35 each =0 Total Capacity Loss = (23) ELEMENTARY SCHOOLS 9 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 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. Continued loss of capacity is expected as growth in program is larger than the total elementary population. Loss of Permanent Capacity 7 rooms @ 23.35 each = (163) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (163) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the elementary level. One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 23.35 each =(23) Loss of Temporary Capacity 0 rooms @ 23.35 each =0 Total Capacity Loss = (23) HEAD START The Auburn School District operates a Head Start program for approximately 114 pre-school aged children 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 @ 23.35 each = (70) Loss of Temporary Capacity 0 rooms @ 23.358 each = 0 Total Capacity Loss = (70) EARLY CHILDHOOD SPECIAL EDUCATION The Auburn School District operates a pre-school program for young children below age five with disabilities. 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 @ 23.35 each = (234) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (234) 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 @ 23.35 each = (93) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (93) 10 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 STANDARD OF SERVICE MUSIC ROOMS The Auburn School District elementary music programs require one acoustically modified classroom at each school for music instruction. The housing requirements are not provided for in the SPI space guidelines. Loss of Permanent Capacity 14 rooms @ 23.35 each = (327) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (327) ENGLISH LANGUAGE LEARNERS 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 @ 23.35 each = (327) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (327) SECOND GRADE TOSA PROGRAM The Auburn School District provides a TOSA reading specialist program for eight 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 @ 23.35 each = (187) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (187) 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 was originally created from the I-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 @ 23.35 each = (327) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (327) EARLY CHILDHOOD EDUCATION ASSISTANCE PROGRAM The Auburn School District provides an Early Childhood Education Assistance Program to meet local needs for disadvantaged students. The State has funded an increase of 24 ECEAP seats. This program will require two new classrooms for 2015-16. Loss of Permanent Capacity 3 rooms @ 23.35 each = (70) Loss of Temporary Capacity 0 rooms @ 23.35 each = 0 Total Capacity Loss = (70) 11 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 STANDARD OF SERVICE 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 disabilities. The program is housed at one of the middle schools and uses two classrooms. One of the two classrooms for this program are 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 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. Two of the five classrooms for this program are provided for in the SPI space allocations. Loss of Permanent Capacity 3 rooms @ 30 each =(90) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (90) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the middle school level. One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 30 each =(30) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (30) MIDDLE SCHOOL COMPUTER LABS The Auburn School District operates a minimum of one computer lab at each of the four middle schools. This program utilizes a standard classroom. 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 LANGUAGE LEARNERS PROGRAM The Auburn School District operates a pullout program at the middle school level for English Language Learner students. This program requires four standard classrooms that are not provide 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) MIDDLE SCHOOLS 12 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 STANDARD OF SERVICE 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) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the high school level. One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 30 each =(30) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (30) 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 Auburn. 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 LANGUAGE LEARNERS PROGRAM The Auburn School District operates a pullout program at three comprehensive high schools for English Language Learner students. 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) SENIOR HIGH SCHOOLS 13 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 STANDARD OF SERVICE 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 11 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 10 rooms @ 30 each =(300) Loss of Temporary Capacity 0 rooms @ 30 each =0 Total Capacity Loss (300) 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) 14 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 STANDARD OF SERVICE STANDARD OF SERVICE COMPUTED TOTALS ELEMENTARY Loss of Permanent Capacity (1,845) Loss of Temporary Capacity 0 Total Capacity Loss (1,845) MIDDLE SCHOOL Loss of Permanent Capacity (630) Loss of Temporary Capacity 0 Total Capacity Loss (630) SENIOR HIGH Loss of Permanent Capacity (1,360) Loss of Temporary Capacity 0 Total Capacity Loss (1,360) TOTAL Loss of Permanent Capacity (3,835) Loss of Temporary Capacity 0 Total Capacity Loss (3,835) 15 Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 Section IV Inventory of Facilities Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 INVENTORY OF FACILITIES 17 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. District School Facilities 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 Alpac 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 10.00 29205 132nd Street SE, Auburn WA, 98092 ELEMENTARY 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 MIDDLE SCHOOL CAPACITY 3,430 Senior High Schools West Auburn HS 233 5.10 401 West Main Street, Auburn WA, 98001 Auburn HS 2,100 20.50 711 East Main Street, Auburn WA, 98002 Auburn Riverside HS 1,387 33.00 501 Oravetz Road, Auburn WA, 98092 Auburn Mountainview HS 1,443 40.00 28900 124th Ave SE, Auburn WA, 98092 HIGH SCHOOL CAPACITY 5,164 TOTAL CAPACITY 15,732 Table Permanent Facilities IV.1 @ OSPI Rated Capacity (March 2017) Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 INVENTORY OF FACILITIES TABLE TEMPORARY/RELOCATABLE IV.2 FACILITIES INVENTORY (June 2017) Elementary Location 2017-18 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 Washington 5566666 Terminal Park 6778880 Dick Scobee 7700000 Pioneer 7770000 Chinook 6777000 Lea Hill 5566600 Gildo Rey 7788888 Evergreen Heights 5566666 Alpac 6677777 Lake View 2223333 Hazelwood 2344444 Ilalko 6677777 Lakeland Hills Elementary 7778888 Arthur Jacobsen Elementary 4566666 TOTAL UNITS 75 79 80 76 69 63 55 TOTAL CAPACITY 1,860 1,959 1,984 1,885 1,711 1,562 1,364 Middle School Location 2017-18 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 Cascade 0011222 Olympic 0011222 Rainier 5678999 Mt. Baker 9 10 11 11 11 11 11 TOTAL UNITS 14 16 20 21 24 24 24 TOTAL CAPACITY 420 480 600 630 720 720 720 Sr. High School Location 2017-18 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 West Auburn 0011111 Auburn High School 0001111 Auburn High School - *TAP 1111111 Auburn Riverside 13 13 13 13 13 13 13 Auburn Mountainview 4455566 TOTAL UNITS 18 18 20 21 21 22 22 TOTAL CAPACITY 540 540 600 630 630 660 660 *TAP - Transition Assistance Program for 18-21 year old students with special needs. COMBINED TOTAL UNITS 107 113 120 118 114 109 101 COMBINED TOTAL CAPACITY 2,820 2,979 3,184 3,145 3,061 2,942 2,744 19 Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 Section V Pupil Capacity Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 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 funded facilities. The combined effect of these adjustments is shown on Line B in Tables V.1 and V.2 below. Table V.1 shows the Distict's capacity with relocatable units included and Table V.2 without these units. Table V.1 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 A. SPI Capacity 15,732 15,732 15,732 15,732 16,382 17,032 17,032 A.1 SPI Capacity-New Elem 650 650 B. Capacity Adjustments (1,015) (856) (651) (690) (774) (893) (1,091) C. Net Capacity 14,717 14,876 15,081 15,692 16,258 16,139 15,941 D. ASD Enrollment 16,418 16,845 17,423 17,950 18,465 19,007 19,525 3/E. ASD Surplus/Deficit (1,701) (1,969) (2,342) (2,258) (2,207) (2,868) (3,584) CAPACITY ADJUSTMENTS Include Relocatable 2,820 2,979 3,184 3,145 3,061 2,942 2,744 2/Exclude SOS (pg 14) (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) Total Adjustments (1,015) (856) (651) (690) (774) (893) (1,091) Table V.2 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 A. SPI Capacity 15,732 15,732 15,732 15,732 16,382 17,032 17,032 A.1 SPI Capacity-New Elem 650 650 B. Capacity Adjustments (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) C. Net Capacity 11,897 11,897 11,897 12,547 13,197 13,197 13,197 D. ASD Enrollment 16,418 16,845 17,423 17,950 18,465 19,007 19,525 3/E. ASD Surplus/Deficit (4,521) (4,948) (5,526) (5,403) (5,268) (5,810) (6,328) CAPACITY ADJUSTMENTS 2/Exclude SOS (pg 14) (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) Total Adjustments (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) (3,835) 1/New facilities shown in 2019-20 through 2023-24 are funded by the 2016 School Bond Issue. 2/The Standard of Service represents 24.38% of SPI capacity. When new facilities are added the Standard of Service computations are decreased to 22.52% of SPI capacity. 3/Students beyond the capacity are accommodated in other spaces (commons, library, theater, shared teaching space). Capacity WITH relocatables Capacity WITHOUT relocatables 21 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 PUPIL CAPACITY A. Elementary Schools Building 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 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 450 450 450 450 450 450 450 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 Ilalko 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 #15 650 650 650 650 Elementary #16 650 650 650 ELEMENTARY CAPACITY 7,138 7,138 7,138 7,788 8,438 8,438 8,438 B. Middle Schools Building 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 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 CAPACITY 3,430 3,430 3,430 3,430 3,430 3,430 3,430 C. Senior High Schools Building 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 West Auburn 233 233 233 233 233 233 233 Auburn 2,101 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 1,387 Auburn Mountainview 1,443 1,443 1,443 1,443 1,443 1,443 1,443 HIGH SCHOOL CAPACITY 5,164 5,164 5,164 5,164 5,164 5,164 5,164 COMBINED CAPACITY 15,732 15,732 15,732 16,382 17,032 17,032 17,032 PERMANENT FACILITIES @ SPI Rated Capacity (March 2017) 22 Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 Section VI Capital Construction Plan Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 CAPITAL CONSTRUCTION PLAN 24 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 further 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 and 2014, replacement technology levies were 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 tax assessments. 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. Property for the third comprehensive high school was acquired in 1999. The Board placed the proposition to construction a new high school on the ballot four times. Each election was extremely close to passing. After the fourth failure a community meeting was held and from that meeting the Board determined need for further community study. 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. Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 CAPITAL CONSTRUCTION PLAN 25 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 Board directed the administration to begin the planning and design for Elementary #13 and Elementary #14. In the fall of 2004, the 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 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 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 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 funded $46.4 million of needed improvement projects at 24 sites over the following seven school years. Planning for the replacement of aging schools was started with educational specifications and schematic design process for the replacement of Auburn High School. The District acquired a site for a future high school in 2008 and a second site for a future middle school in 2009. The District also continued efforts to acquire property around Auburn High School. 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. In the November 2012 election, the community supported the $110 million bond issue for the Auburn High School Modernization and Reconstruction Project at 62%. Construction began in February 2013. The entire new building was occupied by Auburn High School students and staff in the fall of 2015, with site improvements being completed during the 2015/16 school year. Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 CAPITAL CONSTRUCTION PLAN 26 In January 2015, a citizen’s ad hoc committee was convened by direction of the Board to address growth and facilities. The major recommendations were to construct two new elementary schools in the next four years and to acquire 3 new elementary school sites as soon as possible. In the November 2016 election, the community supported the $456 million bond issue for the replacement of six schools and the construction of two new elementary schools at 62.83%. Construction for the replacement of Olympic Middle School is scheduled to begin in March 2018. Within the six-year period, the District is projecting 3,062 additional students. This increase in student population along with anticipated class-size reductions, will require the construction of two new elementary schools and acquiring three new elementary school sites during the six-year window. In addition to new and replacement school construction, this District needs to address several major construction projects to accommodate enrollment growth and continued District use. These projects include improvements at the Support Services Center, Transportation Center, replacement of or improvements to the roof at Auburn Memorial Stadium, boiler replacement at Auburn Mountainview High School, and energy management system replacement at Auburn Riverside High School. 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. 2017-23 Capital Construction Plan (May 2017) Projected Fund Project Timelines Project Funded Cost Source 17-18 18-19 19-20 20-21 21-22 22-23 23-24 All Facilities - Technology 2013 Yes $22,000,000 6 Year XX XX XX Modernization Cap. Levy 1/ Portables Yes $2,500,000 Impact Fees XX XX XX XX XX 1/ Property Purchase - 3 New Elementaries Yes $14,900,000 Bond Impact Fee XX XX XX XX XX XX XX Multiple Facility Improvements Yes $46,400,000 Cap. Levy Impact Fee XX XX XX 1/ Elementary #15 Yes $48,500,000 Bond Impact Fee XX plan XX const XX open 1/ Elementary #16 Yes $48,500,000 Bond Impact Fee XX plan XX const XX open 1/ Replacement of five Elementary Schools Yes $242,500,000 Bond XX plan XX plan XX const XX const XX const XX const XX const 1/ Replacement of one Middle School Yes $78,000,000 Bond XX plan XX const XX open 1/ These funds may be secured through a combination of the 2016 Bond Issue, sale of real property, impact fees, and state matching funds. The District currently is eligible for state matching funds for new construction at the elementary school level and for modernization at the elementary and middle school levels. Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 Section VII Impact Fees Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 IMPACT FEE COMPUTATION (Spring 2017) Elementary #15 within 3 year period Elementary #16 within 4 year period I. SITE COST PER RESIDENCE Formula: ((Acres x Cost per Acre)/Facility Size) x Student Factor Site Cost/ Facility Student Generation Factor Cost/Cost/ Acreage Acre Capacity Single Family Multi Family Single Family Multi Family Elem (K - 5)12 $434,136 650 0.1930 0.1030 $1,546.86 $825.53 Middle Sch (6 - 8) 25 $0 800 0.0770 0.0310 $0.00 $0.00 Sr High (9 - 12)40 $0 1500 0.0730 0.0440 $0.00 $0.00 $1,546.86 $825.53 II. PERMANENT FACILITY CONSTRUCTION COST PER RESIDENCE Formula: ((Facility Cost/Facility Size) x Student Factor) x (Permanent to Total Square Footage Percentage) Facility Facility % Perm Sq Ft/ Student Generation Factor Cost/Cost/ Single Family Cost Size Total Sq Ft Single Family Multi Family Single Family Multi Family Elem (K - 5) $48,500,000 650 0.9451 0.1930 0.1030 $13,609.76 $7,263.24 Mid Sch (6 - 8)$0 800 0.9451 0.0770 0.0310 $0.00 $0.00 Sr High (9 - 12) $0 1500 0.9451 0.0730 0.0440 $0.00 $0.00 $13,609.76 $7,263.24 III. TEMPORARY FACILITY CONSTRUCTION COST PER RESIDENCE Formula: ((Facility Cost/Facility Size) x Student Factor) x (Temporary to Total Square Footage Ratio) Facility Facility % Temp Sq Ft/ Student Generation Factor Cost/Cost/ Single Family Cost Size Total Sq Ft Single Family Multi Family Single Family Multi Family Elem (K - 5) $170,000 23.35 0.0549 0.1930 0.1030 $77.18 $41.19 Mid Sch (6 - 8) $170,000 30 0.0549 0.0770 0.0310 $23.97 $9.65 Sr High (9 - 12) $170,000 30 0.0549 0.0730 0.0440 $22.72 $13.70 $123.86 $64.53 IV. STATE MATCH CREDIT PER RESIDENCE Formula: (Boeckh Index x SPI Footage x District Match x Student Factor) Boeckh SPI State Cost/Cost/ Index Footage Match Single Family Multi Family Single Family Multi Family Elem (K - 5)$213.23 90 63.29% 0.1930 0.1030 $2,344.14 $1,251.02 Mid Sch (6 - 8) $0.00 108 63.29% 0.0770 0.0310 $0.00 $0.00 Sr High (9 - 12) $0.00 130 63.29% 0.0730 0.0440 $0.00 $0.00 $2,344.14 $1,251.03 Student Generation Factor 28 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 V. TAX CREDIT PER RESIDENCE Formula: Expressed as the present value of an annuity TC = PV(interest rate,discount period,average assd value x tax rate) Ave Resid Curr Dbt Serv Bnd Byr Indx Number of Tax Credit Tax Credit Assd Value Tax Rate Ann Int Rate Years Single Family Multi Family Single Family $292,035 $2.65 3.95% 10 $6,292.62 Multi Family $127,147 $2.65 3.95% 10 $2,739.70 VI. DEVELOPER PROVIDED FACILITY CREDIT Formula: (Value of Site or Facility/Number of dwelling units) Value No. of Units Facility Credit Single Family $0.00 1 $0.00 Multi Family $0.00 1 $0.00 FEE PER UNIT IMPACT FEES RECAP Single Multi SUMMARY Family Family Site Costs $1,546.86 $825.53 Permanent Facility Const Costs $13,609.76 $7,263.24 Temporary Facility Costs $123.86 $64.53 State Match Credit ($2,344.14)($1,251.03) Tax Credit ($6,292.62)($2,739.70) FEE (No Discount)$6,643.73 $4,162.58 FEE (50% Discount)$3,321.86 $2,081.29 Less ASD Discount Facility Credit $0.00 $0.00 Net Fee Obligation $3,321.86 $2,081.29 29 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2017 through 2023 SINGLE FAMILY MULTI FAMILY IMPACT FEE ELEMENTS Elem Mid Sch Sr High Elem Mid Sch Sr High K - 5 6 - 8 9 - 12 K - 5 6 - 8 9 - 12 Student Factor Single Family - Auburn actual count April 2017 0.193 0.077 0.073 0.103 0.031 0.044 New Fac Capacity 650 800 1500 650 800 1500 New Facility Cost Elementary Cost Estimates April 2017 $48,500,000 $48,500,000 Temp Rm Capacity ASD District Standard of Service.23.35 30 30 23.35 30 30 Grades K - 5 @ 23.35 and 6 - 12 @ 30. Temp Facility Cost Relocatables, including site work, set up, and furnishing $170,000 $170,000 $170,000 $170,000 $170,000 $170,000 Site Acreage ASD District Standard or SPI Minimum 12 25 40 12 25 40 Site Cost/Acre See below $434,136 $434,136 $434,136 $434,136 $434,136 $434,136 Perm Sq Footage 14 Elementary, 4 Middle, and 4 High Schools 1,695,317 1,695,317 1,695,317 1,695,317 1,695,317 1,695,317 Temp Sq Footage 107 portables at 896 sq. ft. each + TAP 2661 98,533 98,533 98,533 98,533 98,533 98,533 Total Sq Footage Sum of Permanent and Temporary above 1,793,850 1,793,850 1,793,850 1,793,850 1,793,850 1,793,850 % - Perm Facilities Permanent Sq. Footage divided by Total Sq. Footage 94.51% 94.51% 94.51% 94.51% 94.51% 94.51% % - Temp Facilities Temporary Sq. Footage divided by Total Sq. Footage 5.49%5.49%5.49%5.49% 5.49% 5.49% SPI Sq Ft/Student From SPI Regulations 90 108 130 90 108 130 Boeckh Index From SPI schedule for December 2012 $213.23 $213.23 $213.23 $213.23 $213.23 $213.23 Match % - State From SPI Webpage December 2012 63.29% 63.29% 63.29% 63.29% 63.29% 63.29% Match % - District Computed 36.71% 36.71% 36.71% 36.71% 36.71% 36.71% Dist Aver AV King County Department of Assessments March 2015 $292,035 $292,035 $292,035 $127,147 $127,147 $127,147 Debt Serv Tax Rate Current Fiscal Year $2.65 $2.65 $2.65 $2.65 $2.65 $2.65 G. O Bond Int Rate Current Rate - (Bond Buyer 20 Index March 2017)3.95%3.95%3.95%3.95% 3.95% 3.95% Site Cost Projections Recent Property Purchase Purchase Purchase Adjusted Projected Annual Sites Latest Date Projected Acquisitions Acreage Year Price Cost/Acre Present Day Inflation Factor Required of Acquisition Cost/Acre Lakeland 12.00 2002 $2,701,043 $225,087 $467,940 5.00% Elementary 2017 $455,843 Labrador 35.00 2008 $7,601,799 $217,194 $336,940 5.00% Elementary 2018 $478,635 Lakeland East 27.00 2009 $9,092,160 $336,747 $497,528 5.00% Elementary 2022 $581,783 Total 74.00 $19,395,002 $262,095 $434,136 30 Auburn School District No. 408 Capital Facilities Plan 2017 through 2023 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 1 Auburn School District #408 Student Enrollment Projections October 2016 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 History 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 1 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:  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.  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.  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 five previous years. From this information has been extrapolated the kindergarten pupils expected for the next four years. 2 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 data 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 3SH.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 is the fifth consecutive year of an increase in enrollment after three consecutive years of declining enrollment. The increase of 282 students changes our historical average gain/loss in students. Over the past 6 years the average gain is now 1.62% annually, which equates to an average annual gain of 244 students. 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 show increases ranging from 971 to 1,300. (page 7)  Middle School level show increases ranging from 688 to 692. (page 8)  High School level show increases ranging from 692 to 774. (page 9) The models show these changes looking forward thirteen years:  Elementary level show increases ranging from 2,179 to 3,047. (page 7)  Middle School level show increases ranging from 1,289 to 1,536. (page 8)  High School level show increases ranging from 1,569 to 1,659. (page 9) This data does not factor new developments that are currently under construction or in the planning stages. AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE Thirteen Year History of October 1 Enrollments(Rev 10/16) 1 Actual GRADE 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 KDG 892 955 941 996 998 1032 1010 1029 1098 1170 1232 1198 1237 1 960 963 1012 995 1015 1033 1066 1068 1089 1188 1219 1279 1210 2 992 963 1002 1019 1024 998 1016 1097 1083 1124 1196 1289 1300 3 918 1002 1031 997 1048 993 1013 996 1111 1125 1136 1232 1317 4 1016 939 1049 1057 1044 1073 1024 1022 1038 1123 1156 1170 1237 5 957 1065 998 1078 1069 1030 1079 1018 1070 1075 1122 1172 1199 6 1020 1004 1058 1007 1096 1040 1041 1063 1041 1076 1059 1116 1152 7 1124 1028 1014 1057 1034 1125 1060 1032 1086 1072 1091 1099 1132 8 1130 1137 1072 1033 1076 1031 1112 1046 1017 1116 1088 1136 1108 9 1461 1379 1372 1337 1256 1244 1221 1273 1200 1159 1275 1229 1261 10 1261 1383 1400 1368 1341 1277 1238 1170 1278 1229 1169 1316 1248 11 1055 1182 1322 1352 1350 1303 1258 1233 1164 1240 1211 1167 1318 12 886 1088 1147 1263 1352 1410 1344 1316 1321 1274 1323 1260 1226 TOTALS 13,672 14,088 14,418 14,559 14,703 14,589 14,482 14,363 14,596 14,971 15,277 15,663 15,945 Percent of Gain 3.04% 2.34% 0.98% 0.99%(0.78)% (0.73)% (0.82)%1.62% 2.57% 2.04% 2.53% 1.80% Pupil Gain 416 330 141 144 (114) (107) (119)233 375 306 386 282 Average % Gain for 1st 6 years.0.97% Average % Gain for last 6 years 1.62% Average Pupil Gain for 1st 6 years. 135 Average Pupil Gain for last 6 years 244 Average % Gain for 13 years.1.30% Average Pupil Gain for 13 years.189 TABLE 1A Grade Group Combinations KDG 892 955 941 996 998 1032 1010 1029 1098 1170 1232 1198 1237 K,1,2 2844 2881 2955 3010 3037 3063 3092 3194 3270 3482 3647 3766 3747 K - 5 5735 5887 6033 6142 6198 6159 6208 6230 6489 6805 7061 7340 7500 K - 6 6755 6891 7091 7149 7294 7199 7249 7293 7530 7881 8120 8456 8652 1 - 3 2870 2928 3045 3011 3087 3024 3095 3161 3283 3437 3551 3800 3827 1 - 5 4843 4932 5092 5146 5200 5127 5198 5201 5391 5635 5829 6142 6263 1 - 6 5863 5936 6150 6153 6296 6167 6239 6264 6432 6711 6888 7258 7415 6 - 8 3274 3169 3144 3097 3206 3196 3213 3141 3144 3264 3238 3351 3392 7 - 8 2254 2165 2086 2090 2110 2156 2172 2078 2103 2188 2179 2235 2240 7 - 9 3715 3544 3458 3427 3366 3400 3393 3351 3303 3347 3454 3464 3501 9 - 12 4663 5032 5241 5320 5299 5234 5061 4992 4963 4902 4978 4972 5053 10 - 12 3202 3653 3869 3983 4043 3990 3840 3719 3763 3743 3703 3743 3792 Page 3 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE Factors Used in Projections Factor AUBURN SCHOOL DISTRICT KINDERGARTEN ENROLLMENTS 2 3 AS FUNCTION OF KING COUNTY LIVE BIRTH RATES CAL- TOTAL YEAR ADJUSTED AUBURN KINDERGARTEN Factor Average Pupil Change Between Grade ENDAR LIVE 2/3rds 1/3rds OF LIVE KDG ENROLLMENT AS A % OF 1 Levels YEAR BIRTHS BIRTHS BIRTHS ENROLL BIRTHS ENROLL. ADJUSTED LIVE BIRTHS 13 YEAR BASE 6 YEAR BASE 1976 13,761 9,174 4,587 82/83 14,375 698 4.856% K to 1 48.83 K to 1 52.67 1977 14,682 9,788 4,894 83/84 14,958 666 4.452% 1 to 2 18.67 1 to 2 30.00 1978 15,096 10,064 5,032 84/85 16,048 726 4.524% 2 to 3 16.50 2 to 3 18.67 1979 16,524 11,016 5,508 85/86 16,708 792 4.740% 3 to 4 27.50 3 to 4 22.17 1980 16,800 11,200 5,600 86/87 17,000 829 4.876% 4 to 5 22.00 4 to 5 20.50 1981 17,100 11,400 5,700 87/88 18,241 769 4.216% 5 to 6 1.67 5 to 6 (4.83)1982 18,811 12,541 6,270 88/89 18,626 817 4.386% 6 to 7 17.42 6 to 7 19.33 1983 18,533 12,355 6,178 89/90 18,827 871 4.626% 7 to 8 12.50 7 to 8 11.83 1984 18,974 12,649 6,325 90/91 19,510 858 4.398% 8 to 9 184.33 8 to 9 147.00 1985 19,778 13,185 6,593 91/92 19,893 909 4.569% 9 to 10 0.92 9 to 10 8.83 1986 19,951 13,301 6,650 92/93 21,852 920 4.210% 10 to 11 (27.50)10 to 11 (11.17)1987 22,803 15,202 7,601 93/94 21,624 930 4.301% 11 to 12 40.58 11 to 12 74.50 1988 21,034 14,023 7,011 94/95 24,062 927 3.853% total 363.42 total 389.50 1989 25,576 17,051 8,525 95/96 26,358 954 3.619% Factor 1 is the average gain or loss of pupils as they 1990 26,749 17,833 8,916 96/97 24,116 963 3.993% move from one grade level to the next. Factor 1 uses 1991 22,799 15,199 7,600 97/98 20,973 978 4.663% the past (12) OR (5) years of changes.1992 20,060 13,373 6,687 98/99 21,573 854 3.959% 1993 22,330 14,887 7,443 99/00 22,129 849 3.837% Factor Average Pupil Change By Grade Level 1994 22,029 14,686 7,343 00/01 24,013 912 3.798% 2 1995 25,005 16,670 8,335 01/02 22,717 846 3.724% 13 YEAR BASE 6 YEAR BASE 1996 21,573 14,382 7,191 02/03 21,622 905 4.186% K 28.75 K 41.60 1997 21,646 14,431 7,215 03/04 22,023 922 4.186% 1 20.83 1 28.40 1998 22,212 14,808 7,404 04/05 22,075 892 4.041% 2 25.67 2 40.60 1999 22,007 14,671 7,336 05/06 22,327 955 4.277% 3 33.25 3 64.20 2000 22,487 14,991 7,496 06/07 22,014 941 4.274% 4 18.42 4 43.00 2001 21,778 14,519 7,259 07/08 21,835 996 4.562% 5 20.17 5 36.20 2002 21,863 14,575 7,288 08/09 22,242 998 4.487% 6 11.00 6 17.80 2003 22,431 14,954 7,477 09/10 22,726 1032 4.541% 7 0.67 7 20.00 2004 22,874 15,249 7,625 10/11 22,745 1010 4.441% 8 (1.83)8 12.40 2005 22,680 15,120 7,560 11/12 23,723 1029 4.338% 9 (16.67)9 (2.40)2006 24,244 16,163 8,081 12/13 24,683 1098 4.448% 10 (1.08)10 15.60 2007 24,902 16,601 8,301 13/14 25,094 1162 4.631%Last 5 11 21.92 11 17.00 2008 25,190 16,793 8,397 14/15 25,101 1232 4.908%year 12 28.33 12 (18.00)2009 25,057 16,705 8,352 15/16 24,695 1198 4.851%Average Factor 2 is the average change in grade level size 2010 24,514 16,343 8,171 16/17 24,591 1237 Actual 5.030%4.774% from 01/02 OR 08/09.2011 24,630 16,420 8,210 17/18 24,898 1189 <--Prjctd year 2012 25,032 16,688 8,344 18/19 24,951 1191 <--Prjctd year 2013 24,910 16,607 8,303 19/20 25,202 1203 <--Prjctd year 2014 25,348 16,899 8,449 20/21 25,441 1214 <--Prjctd 2015 25,487 16,991 8,496 21/22 * number from DOH Source: Center for Health Statistics, Washington State Department of Health Page 4 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 Contact Todd Rime - todd.rime@doh.wa.gov 360-236-4323 TABLE DISTRICT PROJECTIONS 3.13 Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 KDG 1237 1266 1295 1323 1352 1381 1410 1438 1467 1496 1525 1553 1582 1611 1 1210 1286 1315 1343 1372 1401 1430 1458 1487 1516 1545 1573 1602 1631 2 1300 1229 1305 1333 1362 1391 1420 1448 1477 1506 1535 1563 1592 1621 3 1317 1317 1245 1321 1350 1379 1407 1436 1465 1494 1522 1551 1580 1609 4 1237 1345 1344 1273 1349 1377 1406 1435 1464 1492 1521 1550 1579 1607 5 1199 1259 1367 1366 1295 1371 1399 1428 1457 1486 1514 1543 1572 1601 6 1152 1201 1261 1368 1368 1296 1372 1401 1430 1458 1487 1516 1545 1573 7 1132 1169 1218 1278 1386 1385 1314 1390 1418 1447 1476 1505 1533 1562 8 1108 1145 1182 1231 1291 1398 1398 1326 1402 1431 1460 1488 1517 1546 9 1261 1292 1329 1366 1415 1475 1582 1582 1511 1586 1615 1644 1673 1701 10 1248 1262 1293 1330 1367 1416 1476 1583 1583 1512 1587 1616 1645 1674 11 1318 1221 1234 1266 1302 1340 1388 1448 1556 1555 1484 1560 1589 1617 12 1226 1359 1261 1275 1306 1343 1380 1429 1489 1596 1596 1525 1600 1629 TOTALS 15,945 16,348 16,648 17,073 17,514 17,951 18,381 18,803 19,204 19,575 19,866 20,187 20,608 20,981 Percent of Gain 2.53% 1.83% 2.56% 2.58% 2.50% 2.40% 2.29% 2.14% 1.93% 1.49% 1.61% 2.08% 1.81% Pupil Gain 403 299 426 440 438 430 421 402 370 292 321 421 374 TABLE DISTRICT PROJECTIONS 3.6 Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 KDG 1237 1279 1320 1362 1403 1445 1487 1528 1570 1611 1653 1695 1736 1778 1 1210 1290 1331 1373 1414 1456 1498 1539 1581 1622 1664 1706 1747 1789 2 1300 1240 1320 1361 1403 1444 1486 1528 1569 1611 1652 1694 1736 1777 3 1317 1319 1259 1338 1380 1422 1463 1505 1546 1588 1630 1671 1713 1754 4 1237 1339 1341 1281 1361 1402 1444 1485 1527 1569 1610 1652 1693 1735 5 1199 1258 1360 1361 1301 1381 1423 1464 1506 1547 1589 1631 1672 1714 6 1152 1194 1253 1355 1357 1297 1376 1418 1459 1501 1543 1584 1626 1667 7 1132 1171 1214 1272 1374 1376 1316 1396 1437 1479 1520 1562 1604 1645 8 1108 1144 1183 1225 1284 1386 1388 1328 1407 1449 1491 1532 1574 1615 9 1261 1255 1291 1330 1372 1431 1533 1535 1475 1554 1596 1638 1679 1721 10 1248 1270 1264 1300 1339 1381 1440 1542 1544 1484 1563 1605 1646 1688 11 1318 1237 1259 1253 1289 1328 1370 1429 1531 1532 1472 1552 1594 1635 12 1226 1393 1311 1333 1327 1363 1402 1445 1503 1605 1607 1547 1627 1668 TOTALS 15,945 16,387 16,704 17,144 17,604 18,111 18,624 19,140 19,655 20,153 20,590 21,067 21,646 22,187 Percent of Gain 2.77% 1.94% 2.63% 2.68% 2.88% 2.83% 2.77% 2.69% 2.53% 2.17% 2.32% 2.75% 2.50% Pupil Gain 442 317 440 460 507 513 515 515 498 437 477 579 541 Page 5 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE DISTRICT PROJECTIONS 3.13A Based on Birth Rates & 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 K 1237 1189 1191 1203 1214 1 1210 1286 1237 1240 1252 1263 2 1300 1229 1305 1256 1259 1271 1282 3 1317 1317 1245 1321 1273 1275 1287 1298 4 1237 1345 1344 1273 1349 1300 1303 1315 1326 5 1199 1259 1367 1366 1295 1371 1322 1325 1337 1348 6 1152 1201 1261 1368 1368 1296 1372 1324 1326 1338 1350 7 1132 1169 1218 1278 1386 1385 1314 1390 1341 1344 1356 1367 8 1108 1145 1182 1231 1291 1398 1398 1326 1402 1354 1356 1368 1380 9 1261 1292 1329 1366 1415 1475 1582 1582 1511 1586 1538 1540 1552 1564 10 1248 1262 1293 1330 1367 1416 1476 1583 1583 1512 1587 1539 1541 1553 11 1318 1221 1234 1266 1302 1340 1388 1448 1556 1555 1484 1560 1511 1514 12 1226 1359 1261 1275 1306 1343 1380 1429 1489 1596 1596 1525 1600 1552 TOTALS 15,945 16,271 16,467 16,772 17,075 Percent of Gain 2.04% 1.20% 1.85% 1.81% Pupil Gain 326 196 305 303 TABLE DISTRICT PROJECTIONS 3.6A Based on Birth Rates & 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 KDG 1237 1189 1191 1203 1214 1 1210 1290 1241 1244 1256 1267 2 1300 1240 1320 1271 1274 1286 1297 3 1317 1319 1259 1338 1290 1292 1304 1316 4 1237 1339 1341 1281 1361 1312 1315 1327 1338 5 1199 1258 1360 1361 1301 1381 1333 1335 1347 1358 6 1152 1194 1253 1355 1357 1297 1376 1328 1330 1342 1354 7 1132 1171 1214 1272 1374 1376 1316 1396 1347 1350 1362 1373 8 1108 1144 1183 1225 1284 1386 1388 1328 1407 1359 1361 1373 1385 9 1261 1255 1291 1330 1372 1431 1533 1535 1475 1554 1506 1508 1520 1532 10 1248 1270 1264 1300 1339 1381 1440 1542 1544 1484 1563 1515 1517 1529 11 1318 1237 1259 1253 1289 1328 1370 1429 1531 1532 1472 1552 1504 1506 12 1226 1393 1311 1333 1327 1363 1402 1445 1503 1605 1607 1547 1627 1578 TOTALS 15,945 16,297 16,485 16,766 17,037 Percent of Gain 2.21% 1.15% 1.71% 1.62% Pupil Gain 352 188 281 271 Page 6 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE K - 5 PROJECTIONS 3E.13 Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 KDG 1237 1266 1295 1323 1352 1381 1410 1438 1467 1496 1525 1553 1582 1611 1 1210 1286 1315 1343 1372 1401 1430 1458 1487 1516 1545 1573 1602 1631 2 1300 1229 1305 1333 1362 1391 1420 1448 1477 1506 1535 1563 1592 1621 3 1317 1317 1245 1321 1350 1379 1407 1436 1465 1494 1522 1551 1580 1609 4 1237 1345 1344 1273 1349 1377 1406 1435 1464 1492 1521 1550 1579 1607 5 1199 1259 1367 1366 1295 1371 1399 1428 1457 1486 1514 1543 1572 1601 6 year 13 year K - 5 TOT 7500 7700 7869 7960 8079 8299 8471 8644 8816 8989 9161 9334 9506 9679 971 2179 Percent of Gain 2.67% 2.19% 1.15% 1.50% 2.72% 2.08% 2.04% 2.00% 1.96% 1.92% 1.88% 1.85% 1.81% Pupil Gain 200 169 90 120 220 173 173 173 173 173 173 173 173 TABLE K - 5 PROJECTIONS 3E.6 Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 KDG 1237 1279 1320 1362 1403 1445 1487 1528 1570 1611 1653 1695 1736 1778 1 1210 1290 1331 1373 1414 1456 1498 1539 1581 1622 1664 1706 1747 1789 2 1300 1240 1320 1361 1403 1444 1486 1528 1569 1611 1652 1694 1736 1777 3 1317 1319 1259 1338 1380 1422 1463 1505 1546 1588 1630 1671 1713 1754 4 1237 1339 1341 1281 1361 1402 1444 1485 1527 1569 1610 1652 1693 1735 5 1199 1258 1360 1361 1301 1381 1423 1464 1506 1547 1589 1631 1672 1714 6 year 13 year K - 5 TOT 7500 7724 7930 8076 8263 8550 8800 9049 9299 9549 9798 10048 10297 10547 1300 3047 Percent of Gain 2.98% 2.68% 1.84% 2.30% 3.48% 2.92% 2.84% 2.76% 2.68% 2.61% 2.55% 2.48% 2.42% Pupil Gain 224 207 146 186 288 250 250 250 250 250 250 250 250 TABLE K - 5 PROJECTIONS 3E.13A Based on Birth Rates & 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 K 1237 1189 1191 1203 1214 1 1210 1286 1237 1240 1252 1263 2 1300 1229 1305 1256 1259 1271 1282 3 1317 1317 1245 1321 1273 1275 1287 1298 4 1237 1345 1344 1273 1349 1300 1303 1315 1326 5 1199 1259 1367 1366 1295 1371 1322 1325 1337 1348 4 year K - 5 TOT 7500 7623 7689 7659 7641 141 Percent of Gain 1.64% 0.86%(0.39)% (0.24)% Pupil Gain 123 66 (30) (18) TABLE K - 5 PROJECTIONS 3E.6A Based on Birth Rates & 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 KDG 1237 1189 1191 1203 1214 1 1210 1290 1241 1244 1256 1267 2 1300 1240 1320 1271 1274 1286 1297 3 1317 1319 1259 1338 1290 1292 1304 1316 4 1237 1339 1341 1281 1361 1312 1315 1327 1338 5 1199 1258 1360 1361 1301 1381 1333 1335 1347 1358 4 year K - 5 TOT 7500 7634 7711 7699 7696 196 Percent of Gain 1.78% 1.02%(0.16)% (0.04)% Pupil Gain 134 78 (13) (3) Page 7 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.13 Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 1152 1201 1261 1368 1368 1296 1372 1401 1430 1458 1487 1516 1545 1573 7 1132 1169 1218 1278 1386 1385 1314 1390 1418 1447 1476 1505 1533 1562 8 1108 1145 1182 1231 1291 1398 1398 1326 1402 1431 1460 1488 1517 1546 6 year 13 year 6 - 8 TOT 3392 3515 3661 3877 4044 4080 4084 4117 4250 4336 4423 4509 4595 4681 692 1289 Percent of Gain 3.61% 4.16% 5.91% 4.31% 0.88% 0.10% 0.81% 3.24% 2.03% 1.99% 1.95% 1.91% 1.88% Pupil Gain 123 146 216 167 36 4 33 133 86 86 86 86 86 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.6 Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 1152 1194 1253 1355 1357 1297 1376 1418 1459 1501 1543 1584 1626 1667 7 1132 1171 1214 1272 1374 1376 1316 1396 1437 1479 1520 1562 1604 1645 8 1108 1144 1183 1225 1284 1386 1388 1328 1407 1449 1491 1532 1574 1615 6 year 13 year 6 - 8 TOT 3392 3509 3649 3852 4015 4058 4080 4141 4304 4429 4553 4678 4803 4928 688 1536 Percent of Gain 3.46% 3.99% 5.56% 4.21% 1.09% .53% 1.50% 3.93% 2.90% 2.82% 2.74% 2.67% 2.60% Pupil Gain 117 140 203 162 44 21 61 163 125 125 125 125 125 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.13A Based on Birth Rates & 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 1152 1201 1261 1368 1368 1296 1372 1324 1326 1338 1350 7 1132 1169 1218 1278 1386 1385 1314 1390 1341 1344 1356 1367 8 1108 1145 1182 1231 1291 1398 1398 1326 1402 1354 1356 1368 1380 6 year 10 year 6 - 8 TOT 3392 3515 3661 3877 4044 4080 4084 4040 4069 4036 4061 692 669 Percent of Gain 3.61% 4.16% 5.91% 4.31% 0.88% 0.10%(1.08)%0.74%(0.83)%0.64% Pupil Gain 123 146 216 167 36 4 (44)30 (34)26 TABLE MIDDLE SCHOOL PROJECTIONS 3MS.6A Based on Birth Rates & 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 1152 1194 1253 1355 1357 1297 1376 1328 1330 1342 1354 7 1132 1171 1214 1272 1374 1376 1316 1396 1347 1350 1362 1373 8 1108 1144 1183 1225 1284 1386 1388 1328 1407 1359 1361 1373 1385 6 year 10 year 6 - 8 TOT 3392 3509 3649 3852 4015 4058 4080 4051 4085 4051 4077 688 685 Percent of Gain 3.46% 3.99% 5.56% 4.21% 1.09% 0.53%(0.71)%0.83%(0.83)%0.64% Pupil Gain 117 140 203 162 44 21 (29)34 (34)26 Page 8 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE SR. HIGH PROJECTIONS 3SH.13 Based on 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 9 1261 1292 1329 1366 1415 1475 1582 1582 1511 1586 1615 1644 1673 1701 10 1248 1262 1293 1330 1367 1416 1476 1583 1583 1512 1587 1616 1645 1674 11 1318 1221 1234 1266 1302 1340 1388 1448 1556 1555 1484 1560 1589 1617 12 1226 1359 1261 1275 1306 1343 1380 1429 1489 1596 1596 1525 1600 1629 6 year 13 year 9-12 TOT 5053 5133 5118 5237 5391 5573 5827 6043 6138 6250 6282 6344 6507 6622 774 1569 Percent of Gain 1.59%(0.31)%2.33% 2.94% 3.39% 4.55% 3.70% 1.58% 1.82% 0.52% 0.99% 2.55% 1.77% Pupil Gain 80 (16)119 154 183 254 216 96 112 33 62 162 115 TABLE SR. HIGH PROJECTIONS 3SH.6 Based on 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 9 1261 1255 1291 1330 1372 1431 1533 1535 1475 1554 1596 1638 1679 1721 10 1248 1270 1264 1300 1339 1381 1440 1542 1544 1484 1563 1605 1646 1688 11 1318 1237 1259 1253 1289 1328 1370 1429 1531 1532 1472 1552 1594 1635 12 1226 1393 1311 1333 1327 1363 1402 1445 1503 1605 1607 1547 1627 1668 6 year 13 year 9-12 TOT 5053 5154 5125 5216 5327 5503 5745 5950 6052 6175 6238 6341 6546 6712 692 1659 Percent of Gain 2.00%(0.57)%1.78% 2.13% 3.30% 4.40% 3.56% 1.72% 2.04% 1.02% 1.65% 3.22% 2.54% Pupil Gain 101 (30)91 111 176 242 205 102 124 63 103 204 166 TABLE SR. HIGH PROJECTIONS 3SH.13A Based on Birth Rates & 13 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 9 1261 1292 1329 1366 1415 1475 1582 1582 1511 1586 1538 1540 1552 1564 10 1248 1262 1293 1330 1367 1416 1476 1583 1583 1512 1587 1539 1541 1553 11 1318 1221 1234 1266 1302 1340 1388 1448 1556 1555 1484 1560 1511 1514 12 1226 1359 1261 1275 1306 1343 1380 1429 1489 1596 1596 1525 1600 1552 6 year 13 year 9-12 TOT 5053 5133 5118 5237 5391 5573 5827 6043 6138 6250 6205 6164 6206 6183 774 1130 Percent of Gain 1.59%(0.31)%2.33% 2.94% 3.39% 4.55% 3.70% 1.58% 1.82%(0.71)% (0.67)%0.68%(0.36)% Pupil Gain 80 (16)119 154 183 254 216 96 112 (44) (41)42 (23) TABLE SR. HIGH PROJECTIONS 3SH.6A Based on Birth Rates & 6 Year History ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 9 1261 1255 1291 1330 1372 1431 1533 1535 1475 1554 1506 1508 1520 1532 10 1248 1270 1264 1300 1339 1381 1440 1542 1544 1484 1563 1515 1517 1529 11 1318 1237 1259 1253 1289 1328 1370 1429 1531 1532 1472 1552 1504 1506 12 1226 1393 1311 1333 1327 1363 1402 1445 1503 1605 1607 1547 1627 1578 6 year 13 year 9-12 TOT 5053 5154 5125 5216 5327 5503 5745 5950 6052 6175 6148 6122 6168 6145 692 1092 Percent of Gain 2.00%(0.57)%1.78% 2.13% 3.30% 4.40% 3.56% 1.72% 2.04%(0.44)% (0.43)%0.75%(0.37)% Pupil Gain 101 (30)91 111 176 242 205 102 124 (27) (26)46 (23) Page 9 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE PROJECTION COMPARISONS 4 BY GRADE GROUP KINDERGARTEN ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 year 13 year E.13 1237 1266 1295 1323 1352 1381 1410 1438 1467 1496 1525 1553 1582 1611 173 374 E.6 1237 1279 1320 1362 1403 1445 1487 1528 1570 1611 1653 1695 1736 1778 250 541 E.13A 1237 1189 1191 1203 1214 E.6A 1237 1189 1191 1203 1214 GRD 1 -- GRD 5 ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 year 13 year E.13 6263 6435 6575 6636 6727 6918 7062 7205 7349 7493 7637 7780 7924 8068 799 1805 E.6 6263 6445 6610 6715 6859 7105 7313 7521 7729 7937 8145 8353 8561 8769 1050 2506 E.13A 6263 6435 6498 6456 6426 E.6A 6263 6445 6520 6495 6481 GRD 6 -- GRD 8 ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 year 13 year MS.13 3392 3515 3661 3877 4044 4080 4084 4117 4250 4336 4423 4509 4595 4681 692 1289 MS.6 3392 3509 3649 3852 4015 4058 4080 4141 4304 4429 4553 4678 4803 4928 688 1536 MS.13A 3392 3515 3661 3877 4044 4080 4084 4040 4069 4036 4061 692 MS.6A 3392 3509 3649 3852 4015 4058 4080 4051 4085 4051 4077 688 GRD 9 -- GRD 12 ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 year 13 year SH.13 5053 5133 5118 5237 5391 5573 5827 6043 6138 6250 6282 6344 6507 6622 774 1569 SH.6 5053 5154 5125 5216 5327 5503 5745 5950 6052 6175 6238 6341 6546 6712 692 1659 SH.13A 5053 5133 5118 5237 5391 5573 5827 6043 6138 6250 6205 6164 6206 6183 774 1130 SH.6A 5053 5154 5125 5216 5327 5503 5745 5950 6052 6175 6148 6122 6168 6145 692 1092 DISTRICT TOTALS ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ PROJ GRADE 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 6 year 13 year 3.13 15,945 16,348 16,648 17,073 17,514 17,951 18,381 18,803 19,204 19,575 19,866 20,187 20,608 20,981 2436 5036 3.6 15,945 16,387 16,704 17,144 17,604 18,111 18,624 19,140 19,655 20,153 20,590 21,067 21,646 22,187 2679 6242 3.13A 15,945 16,271 16,467 16,772 17,075 3.6A 15,945 16,297 16,485 16,766 17,037 Page 10 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE 5 Total = October 1 Actual Count AND Projected Counts Prj 3.13 - 13 YEAR HISTORY & Using Average Kdg Increase Diff = Number Projection is under(-) or over Actual Prj 3.6 - 6 YEAR HISTORY & Using Average Kdg Increase % = Percent Projection is under(-) or over Actual Prj 3.13A 13 YEAR HISTORY & King Cty Birth Rates Prj 3.6A - 6 YEAR HISTORY & King Cty Birth Rates Grades 2004-05 2005-06 2006-07 2007-08 2008-09 K - 5 Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 5735 xxx xxx 5887 xxx xxx 6033 xxx xxx 6142 xxx xxx 6198 xxx xxx Prj 3E.13 5723 (12) (0.21)%5655 (232) (3.94)%5761 (272) (4.51)%5750 (392) (6.38)%5871 (327) (5.28)% Prj 3E.6 5735 0 0.00% 5662 (225) (3.82)%5821 (212) (3.51)%5795 (347) (5.65)%5921 (277) (4.47)% Prj 3E.13A 5743 8 0.14% 5605 (282) (4.79)%5709 (324) (5.37)%5750 (392) (6.38)%5869 (329) (5.31)% Prj 3E.6A 5776 41 0.71% 5631 (256) (4.35)%5756 (277) (4.59)%5784 (358) (5.83)%5912 (286) (4.61)% Grades 2004-05 2005-06 2006-07 2007-08 2008-09 6 - 8 Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 3274 xxx xxx 3169 xxx xxx 3144 xxx xxx 3097 xxx xxx 3206 xxx xxx Prj 3E.13 3025 (249) (7.61)%3185 16 0.50% 3214 70 2.23% 3295 198 6.39% 3131 (75) (2.34)% Prj 3E.6 3011 (263) (8.03)%3192 23 0.73% 3216 72 2.29% 3311 214 6.91% 3146 (60) (1.87)% Prj 3E.13A 3025 (249) (7.61)%3185 16 0.50% 3214 70 2.23% 3295 198 6.39% 3131 (75) (2.34)% Prj 3E.6A 3011 (263) (8.03)%3192 23 0.73% 3216 72 2.29% 3311 214 6.91% 3146 (60) (1.87)% Grades 2004-05 2005-06 2006-07 2007-08 2008-09 9 - 12 Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 4663 xxx xxx 5032 xxx xxx 5241 xxx xxx 5320 xxx xxx 5299 xxx xxx Prj 3E.13 4455 (208) (4.46)%4577 (455) (9.04)%4630 (611) (11.66)%4783 (537) (10.09)%5085 (214) (4.04)% Prj 3E.6 4476 (187) (4.01)%4594 (438) (8.70)%4639 (602) (11.49)%4769 (551) (10.36)%5086 (213) (4.02)% Prj 3E.13A 4455 (208) (4.46)%4577 (455) (9.04)%4630 (611) (11.66)%4783 (537) (10.09)%5085 (214) (4.04)% Prj 3E.6A 4476 (187) (4.01)%4594 (438) (8.70)%4639 (602) (11.49)%4769 (551)(10.36)%5086 (213) (4.02)% All 2004-05 2005-06 2006-07 2007-08 2008-09 Grades Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 13,672 xxx xxx 14,088 xxx xxx 14,418 xxx xxx 14,559 xxx xxx 14,703 xxx xxx Prj 3E.13 13,203 (469) (3.43)%13,417 (671) (4.76)%13,605 (813) (5.64)%13,828 (731) (5.02)%14,087 (616) (4.19)% Prj 3E.6 13,222 (450) (3.29)%13,448 (640) (4.54)%13,676 (742) (5.15)%13,875 (684) (4.70)%14,153 (550) (3.74)% Prj 3E.13A 13,223 (449) (3.28)%13,367 (721) (5.12)%13,553 (865) (6.00)%13,828 (731) (5.02)%14,085 (618) (4.20)% Prj 3E.6A 13,263 (409) (2.99)%13,417 (671) (4.76)%13,611 (807) (5.60)%13,864 (695) (4.77)%14,144 (559) (3.80)% PROJECTION COMPARISONS BY GRADE GROUP Page 11 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE 5 Total = October 1 Actual Count AND Projected Counts Prj 3.13 - 13 YEAR HISTORY & Using Average Kdg Increase Diff = Number Projection is under(-) or over Actual Prj 3.6 - 6 YEAR HISTORY & Using Average Kdg Increase % = Percent Projection is under(-) or over Actual Prj 3.13A 13 YEAR HISTORY & King Cty Birth Rates Prj 3.6A - 6 YEAR HISTORY & King Cty Birth Rates Grades 2009-10 2010-11 2011-12 2012-13 2013-14 K - 5 Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 6159 xxx xxx 6208 xxx xxx 6230 xxx xxx 6489 xxx xxx 6805 xxx xxx Prj 3E.13 6085 (74) (1.20)%6179 (29) (0.47)%6254 24 0.39% 6282 (207) (3.19)%6275 (530) (7.79)% Prj 3E.6 6138 (21) (0.34)%6237 29 0.47% 6294 64 1.03% 6323 (166) (2.56)%6267 (538) (7.91)% Prj 3E.13A 6059 (100) (1.62)%6129 (79) (1.27)%6237 7 0.11% 6252 (237) (3.65)%6266 (539) (7.92)% Prj 3E.6A 6094 (65) (1.06)%6172 (36) (0.58)%6264 34 0.55% 6269 (220) (3.39)%6260 (545) (8.01)% Grades 2009-10 2010-11 2003-04 2012-13 2013-14 6 - 8 Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 3196 xxx xxx 3213 xxx xxx 3141 xxx xxx 3144 xxx xxx 3264 xxx xxx Prj 3E.13 3107 (89) (2.78)%3179 (34) (1.06)%3242 101 3.22% 3234 90 2.86% 3221 (43) (1.32)% Prj 3E.6 3116 (80) (2.50)%3195 (18) (0.56)%3243 102 3.25% 3236 92 2.93% 3211 (53) (1.62)% Prj 3E.13A 3107 (89) (2.78)%3179 (34) (1.06)%3242 101 3.22% 3234 90 2.86% 3221 (43) (1.32)% Prj 3E.6A 3116 (80) (2.50)%3195 (18) (0.56)%3243 102 3.25% 3236 92 2.93% 3211 (53) (1.62)% Grades 2009-10 2010-11 2003-04 2012-13 2013-14 9 - 12 Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 5234 xxx xxx 5061 xxx xxx 4992 xxx xxx 4963 xxx xxx 4902 xxx xxx Prj 3E.13 5190 (44) (0.84)%5129 68 1.34% 5074 82 1.64% 4921 (42) (0.85)%4901 (1) (0.02)% Prj 3E.6 5192 (42) (0.80)%5155 94 1.86% 5128 136 2.72% 5027 64 1.29% 5017 115 2.35% Prj 3E.13A 5190 (44) (0.84)%5129 68 1.34% 5074 82 1.64% 4921 (42) (0.85)%4901 (1) (0.02)% Prj 3E.6A 5192 (42) (0.80)%5155 94 1.86% 5129 137 2.74% 5027 64 1.29% 5017 115 2.35% All 2009-10 2010-11 2003-04 2012-13 2013-14 Grades Total Diff % Total Diff % Total Diff % Total Diff % Total Diff % ACTUAL 14,589 xxx xxx 14,482 xxx xxx 13,672 xxx xxx 14,596 xxx xxx 14,971 xxx xxx Prj 3E.13 14,382 (207) (1.42)%13,499 (173) (6.79)%14,570 898 6.57% 14,437 (159) (1.09)%14,397 (574)(3.83)% Prj 3E.6 14,446 (143) (0.98)%13,542 (130)(6.49)%14,665 993 7.26% 14,586 (10)(0.07)% 14,495 (476)(3.18)% Prj 3E.13A 14,356 (233) (1.60)%13,447 (225) (7.15)%14,553 881 6.44% 14,407 (189) (1.29)%14,388 (583)(3.89)% Prj 3E.6A 14,402 (187) (1.28)%13,510 (162) (6.71)%14,636 964 7.05% 14,532 (64)(0.44)% 14,488 (483)(3.23)% BY GRADE GROUP (Continued) PROJECTION COMPARISONS Page 12 October 2016 AUBURN SCHOOL DISTRICT STUDENT ENROLLMENT PROJECTIONS - October 2016 TABLE 5 Total = October 1 Actual Count AND Projected Counts Prj 3.13 - 13 YEAR HISTORY & Using Average Kdg Increase Diff = Number Projection is under(-) or over Actual Prj 3.6 - 6 YEAR HISTORY & Using Average Kdg Increase % = Percent Projection is under(-) or over Actual Prj 3.13A 13 YEAR HISTORY & King Cty Birth Rates Prj 3.6A - 6 YEAR HISTORY & King Cty Birth Rates Grades 2014-15 2015-16 2016-17 Average Average Historical Data is grouped by K - 5 Total Diff % Total Diff % Total Diff % Diff % K - 5, 6-8, 9-12 articulation ACTUAL 7061 xxx xxx 7340 xxx xxx 7500 xxx xxx xxx xxx pattern. Prj 3E.13 6372 (689) (9.76)%6659 (681) (9.28)%7052 (448) (5.97)% (245) (4.43)% Prj 3E.6 6368 (693) (9.81)%6632 (708) (9.65)%7046 (454) (6.05)% (220) (4.02)%Articulation pattern has no Prj 3E.13A 6346 (715) (10.13)%6643 (697) (9.50)%6979 (521) (6.95)% (268) (4.82)%numeric impact on efficacy Prj 3E.6A 6339 (722) (10.23)%6611 (729) (9.93)%6966 (534) (7.12)% (249) (4.49)%of projection models. Grades 2014-15 2015-16 2016-17 Average Average 6 - 8 Total Diff % Total Diff % Total Diff % Diff % ACTUAL 3238 xxx xxx 3351 xxx xxx 3392 xxx xxx xxx xxx Prj 3E.13 3143 (95) (2.93)%3230 (121) (3.61)%3256 (136)(4.01)%(21) (0.80)% Prj 3E.6 3132 (106) (3.27)%3213 (138) (4.12)%3246 (146)(4.30)%(20) (0.78)% Prj 3E.13A 3143 (95) (2.93)%3230 (121) (3.61)%3256 (136)(4.01)%(21) (0.80)% Prj 3E.6A 3132 (106) (3.27)%3213 (138) (4.12)%3246 (146)(4.30)%(20) (0.78)% Grades 2014-15 2015-16 2016-17 Average Average 9 - 12 Total Diff % Total Diff % Total Diff % Diff % ACTUAL 4978 xxx xxx 4972 xxx xxx 5053 xxx xxx xxx xxx Prj 3E.13 4813 (165) (3.31)%4773 (199) (4.00)%4874 (179) (3.54)% (180) (3.76)% Prj 3E.6 4906 (72) (1.45)%4856 (116) (2.33)%4956 (97) (1.92)% (141) (2.84)% Prj 3E.13A 4813 (165) (3.31)%4773 (199) (4.00)%4874 (179) (3.54)% (180) (3.76)% Prj 3E.6A 4906 (72) (1.45)%4856 (116) (2.33)%4956 (97) (1.92)% (141) (2.83)% All 2014-15 2015-16 2016-17 Average Average Grades Total Diff % Total Diff % Total Diff % Diff % ACTUAL 15,277 xxx xxx 15,663 xxx xxx 15,945 xxx xxx xxx xxx Prj 3E.13 14,328 (949) (6.21)%14,662 (1,001) (6.39)%15,182 (763) (4.79)% (479) (3.61)% Prj 3E.6 14,406 (871) (5.70)%14,701 (962) (6.14)%15,248 (697) (4.37)% (412) (3.16)% Prj 3E.13A 14,302 (975) (6.38)%14,646 (1,017) (6.49)%15,109 (836) (5.24)% (505) (3.79)% Prj 3E.6A 14,377 (900) (5.89)%14,680 (983) (6.28)%15,168 (777) (4.87)% (441) (3.35)% PROJECTION COMPARISONS BY GRADE GROUP (Continued) Page 13 October 2016 Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections Buildout Data for Enrollment Projections-April 2017 BASE DATA - BUILDOUT SCHEDULE Student Generation Factors ASSUMPTIONS:Single Multi- 1 Uses Build Out estimates received from developers. 2017 SF 2017 MF Family Family 2 Student Generation Factors are updated Auburn data for 2017 as allowed per King County Ordinance Elementary 0.1930 0.1030 3 Takes area labeled Lakeland and Kersey Projects projects across 2017-2023 Middle School 0.0770 0.0310 4 Takes area labeled Bridges and other Lea Hill area developments and projects across 2017-2023 Senior High 0.0730 0.0440 5 Includes known developments in N. Auburn and other non-Lea Hill and non-Lakeland developments Total 0.3430 0.1780 Table Auburn S.D. 1 Development 2017 2018 2019 2020 2021 2022 2023 Total Lakeland/Kersey Single Family 0 100 150 75 50 29 404 Lea Hill Area Single Family 50 75 50 30 0 0 0 205 Other Single Family Units 40 60 50 20 0 0 0 170 Total Single Family Units 90 235 250 125 50 29 0 779 Projected Pupils: K-5 17 45 48 24 10 6 0 150 6-8 7 18 19 10 4 2 0 60 9-12 7 17 18 942057 K-12 31 81 86 43 17 10 0 267 Multi Family Units 0 150 300 150 48 0 0 648 Total Multi Family Units 0 150 300 150 48 0 0 648 Projected Pupils: K-5 0 15 31 15 5 0 0 67 6-8059510020 9-12 0 7 13 720029 K-12 0 27 53 27 9 0 0 115 Total Housing Units 90 385 550 275 98 29 0 1427 K-5 17 61 79 40 15 6 0 217 6-8 7 23 29 14 5 2 0 80 9-12 7 24 31 16 6 2 0 85 K-12 31 107 139 70 26 10 0 383 Cumulative Projection 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 17 78 157 197 211 217 217 7 305873788080 7 306278838585 31 138 277 347 373 383 383 Auburn Factors Elementary Pupils Mid School Pupils Sr. High Pupils Elementary Pupils Total Mid School Pupils Sr. High Pupils Elementary Pupils Mid School Pupils Total Total Sr. High Pupils Elementary - Grades K -5 Mid School - Grades 6 - 8 Senior High - Grades 9 - 12 Total 46 Buildout Data for Enrollment Projections-April 2017 TABLE New Projects - Annual New Pupils Added & Distributed 2 by Grade Level 6 Year Percent of average GRADE Average Pupils by Grade 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 Enroll. & Level KDG 1161 7.67%1237 2 11 21 27 29 29 29 1 1176 7.77%1210 2 11 22 27 29 30 30 2 1182 7.81% 45.61%1300 2 11 22 27 29 30 30 3 1153 7.62%1317 2 11 21 26 28 29 29 4 1124 7.43%1237 2 10 21 26 28 28 28 5 1109 7.33%1199 2 10 20 25 27 28 28 6 1085 7.17%1152 2 10 20 25 27 27 27 7 1085 7.17% 21.51%1132 2 10 20 25 27 27 27 8 1085 7.17%1108 2 10 20 25 27 27 27 9 1233 8.15%1261 3 11 23 28 30 31 31 10 1235 8.16% 32.88%1248 3 11 23 28 30 31 31 11 1222 8.07%1318 2 11 22 28 30 31 31 12 1287 8.50%1226 3 12 24 29 32 33 33 Totals 15136 100.00% Total 15945 31 138 277 347 373 383 383 TABLE 6 year Historical Data 3 Average Enrollment and Percentage Distributed by Grade Level Grade 11-12 12-13 13-14 14-15 15-16 16-17 6yr Ave % KDG 1029 1098 1170 1232 1198 1237 1160.67 7.67% 1 1068 1089 1188 1219 1279 1210 1175.50 7.77% 2 1097 1083 1124 1196 1289 1300 1181.50 7.81% 3 996 1111 1125 1136 1232 1317 1152.83 7.62% 4 1022 1038 1123 1156 1170 1237 1124.33 7.43% 5 1018 1070 1075 1122 1172 1199 1109.33 7.33% 6 1063 1041 1076 1059 1116 1152 1084.50 7.17% 7 1032 1086 1072 1091 1099 1132 1085.33 7.17% 8 1046 1017 1116 1088 1136 1108 1085.17 7.17% 9 1273 1200 1159 1275 1229 1261 1232.83 8.15% 10 1170 1278 1229 1169 1316 1248 1235.00 8.16% 11 1233 1164 1240 1211 1167 1318 1222.17 8.07% 12 1316 1321 1274 1323 1260 1226 1286.67 8.50% Totals 14363 14596 14971 15277 15663 15945 15135.83 100.00% % of change 1.62% 2.57% 2.04% 2.53% 1.80% change +/- 233 375 306 386 282 47 Buildout Data for Enrollment Projections-April 2017 TABLE 4 New Projects - Pupil Projection Cumulative ND 3.13 by Grade Level Updated April 2017 Uses a 'cohort survival'GRADE 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1237 1268 1306 1344 1379 1410 1439 1467 enrollees move to the next 1 1210 1288 1326 1365 1399 1430 1460 1488 grade level.2 1300 1231 1316 1355 1389 1420 1450 1478 3 1317 1319 1256 1342 1376 1407 1436 1465 Kindergarten calculates 4 1237 1347 1354 1294 1375 1405 1434 1463 previous years number plus 5 1199 1261 1377 1386 1320 1398 1427 1456 K-5 7500 7716 7934 8086 8238 8470 8646 8817 Current generation based on 6 1152 1203 1271 1388 1393 1323 1399 1428 % of total enrollment. Other 7 1132 1171 1228 1298 1411 1412 1341 1417 factor uses 100% cohort 8 1108 1147 1192 1251 1316 1425 1425 1353 survival, based on 6 year GR 6-8 3392 3522 3691 3937 4120 4159 4166 4199 history.9 1261 1295 1340 1389 1443 1505 1613 1613 10 1248 1265 1304 1353 1395 1446 1507 1614 11 1318 2 11 22 28 30 31 31 12 1226 1224 1246 1290 1331 1372 1421 1481 GR 9-12 5053 3785 3901 4053 4198 4354 4572 4739 Total 15945 15023 15526 16075 16556 16983 17385 17756 % of change -5.78% 3.35% 3.54% 2.99% 2.58% 2.37% 2.13% change +/- -922 503 549 481 427 402 371 TABLE 5 New Projects - Pupil Projection Cumulative ND 3.6 by Grade Level Updated April 2017 Uses a 'cohort survival'GRADE 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 2022-23 2023-24 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1237 1281 1331 1383 1430 1474 1516 1557 1575 1593 enrollees move to the next 1 1210 1292 1342 1395 1441 1485 1528 1569 1587 1605 grade level.2 1300 1242 1331 1383 1430 1473 1516 1558 1576 1593 3 1317 1321 1270 1359 1406 1450 1492 1534 1552 1569 Kindergarten calculates 4 1237 1341 1351 1302 1387 1430 1472 1513 1531 1548 previous years number plus 5 1199 1260 1370 1381 1326 1408 1451 1492 1509 1526 K-5 7500 7739 7994 8203 8420 8720 8975 9223 9328 9434 Current generation based on 6 1152 1196 1263 1375 1382 1324 1403 1445 1462 1478 % of total enrollment. Other 7 1132 1173 1224 1292 1399 1403 1343 1423 1440 1456 factor uses 100% cohort 8 1108 1146 1193 1245 1309 1413 1415 1355 1371 1386 survival, based on 6 year GR 6-8 3392 3516 3680 3912 4090 4139 4162 4224 4272 4321 history.9 1261 1258 1302 1353 1400 1461 1564 1566 1584 1602 10 1248 1273 1275 1323 1367 1411 1471 1573 1591 1609 11 1318 1239 1270 1275 1317 1358 1401 1460 1476 1493 12 1226 1396 1323 1357 1356 1395 1435 1478 1494 1511 GR 9-12 5053 5165 5170 5307 5441 5626 5871 6077 6146 6216 Total 15945 16420 16844 17421 17951 18485 19009 19525 19746 19970 % of change 2.98% 2.58% 3.43% 3.04% 2.97% 2.83% 2.71% 1.14% 1.14% change +/- 475 424 577 530 534 524 516 222 224 48 Buildout Data for Enrollment Projections-April 2017 TABLE 6 New Developments - Pupil Projection Cumulative 2.94% 1.14% ND3.13A by Grade Level Updated April 2017 Uses a 'cohort survival'GRADE 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1237 1191 1202 1224 1241 enrollees move to the next 1 1210 1288 1248 1262 1279 1292 grade level.2 1300 1231 1316 1278 1286 1300 1312 3 1317 1319 1256 1342 1299 1303 1316 1327 Kindergarten calculates 4 1237 1347 1354 1294 1375 1328 1331 1343 birth rate average plus 5 1199 1261 1377 1386 1320 1398 1350 1353 7500 7639 7752 7786 7800 6621 5309 4024 Current generation based on 6 1152 1203 1271 1388 1393 1323 1399 1351 % of total enrollment. Other 7 1132 1171 1228 1298 1411 1412 1341 1417 factor uses 100% cohort 8 1108 1147 1192 1251 1316 1425 1425 1353 survival, based on 6 year 3392 3522 3691 3937 4120 4159 4166 4122 history.9 1261 1295 1340 1389 1443 1505 1613 1613 10 1248 1265 1304 1353 1395 1446 1507 1614 11 1318 1223 1245 1288 1330 1370 1419 1479 12 1226 1362 1273 1299 1335 1375 1413 1462 5053 5144 5162 5328 5504 5697 5952 6168 Total 15945 16305 16605 17050 17424 % of change 2.26% 1.84% 2.68% 2.19% change +/- 360 300 445 374 TABLE 7 New Projects - Pupil Projection Cumulative ND 3.6A by Grade Level Updated April 2017 Uses a 'cohort survival'GRADE 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2024-25 model assuming 100% of Actual Projected Projected Projected Projected Projected Projected Projected previous year new KDG 1237 1191 1202 1224 1241 enrollees move to the next 1 1210 1292 1252 1266 1283 1296 grade level.2 1300 1242 1331 1293 1301 1315 1327 3 1317 1321 1270 1359 1316 1320 1333 1345 Kindergarten calculates 4 1237 1341 1351 1302 1387 1340 1343 1355 birth rate average plus 5 1199 1260 1370 1381 1326 1408 1361 1363 7500 7649 7775 7825 7854 Current generation based on 6 1152 1196 1263 1375 1382 1324 1403 1355 % of total enrollment. Other 7 1132 1173 1224 1292 1399 1403 1343 1423 factor uses 100% cohort 8 1108 1146 1193 1245 1309 1413 1415 1355 survival, based on 6 year 3392 3516 3680 3912 4090 4139 4162 4134 history.9 1261 1258 1302 1353 1400 1461 1564 1566 10 1248 1273 1275 1323 1367 1411 1171 1573 11 1318 1239 1270 1275 1317 1358 1401 1460 12 1226 1396 1323 1357 1356 1395 1435 1478 5053 5165 5170 5307 5441 5626 5571 6077 Total 15945 16330 16625 17043 17385 % of change 2.41% 1.81% 2.52% 2.00% change +/- 385 295 418 342 49 Appendix A.3 Student Generation Survey Auburn School District Development Growth since 1/1/12 April 2017SINGLE FAMILY Units/Current To BeDevelopment Name Parcels Occupancy Occupied Elem Middle HS Total Elem Middle HS Total Alicia Glenn 24 24 0 6 7 2 15 0.250 0.292 0.083 0.625 Anthem (formerly Megan's Meadows)13 9 4 1102 0.111 0.111 0.000 0.222 Bridges 386 279 107 46 23 20 89 0.165 0.082 0.072 0.319 Canyon Creek 154 51 103 9 1 6 16 0.176 0.020 0.118 0.314 Kendall Ridge 106 106 0 19 11 10 40 0.179 0.104 0.094 0.377 Lakeland East: Portola 130 130 0 42 18 22 82 0.323 0.138 0.169 0.631 Lakeland: Edgeview 373 373 0 55 12 13 80 0.147 0.032 0.035 0.214 Lakeland Hills Estates 66 66 0 4318 0.061 0.045 0.015 0.121 Lakeland: Villas At … 81 81 0 17 2 3 22 0.210 0.025 0.037 0.272 Monterey Park 239 239 0 43 19 16 78 0.180 0.079 0.067 0.326 Mountain View 55 43 12 10 4 2 16 0.233 0.093 0.047 0.372 Sonata Hills 72 72 0 8 4 3 15 0.111 0.056 0.042 0.208 Sterling Court 8 8 0 2136 0.250 0.125 0.375 0.750 Trail Run 169 169 0 55 17 17 89 0.325 0.101 0.101 0.527 Vintage Place 25 25 0 7 6 4 17 0.280 0.240 0.160 0.680 Totals 1901 1675 226 324 129 122 575 0.193 0.077 0.073 0.343 Actual Students Student Generation Factors 51 Auburn School District Development Growth since 1/1/12 April 2017 2017 and beyond Units/ Current To Be Development Name Parcels Occupancy Occupied Elem Middle HS Total Anderson Acres 14 0 14 3 1 1 5 Backbone Ridge 7 0 7 1 1 1 2 Bridle Estates 18 0 18 3 1 1 6 Hastings 10 *10 0 10 2 1 1 3 Hazel Heights 22 0 22 4 2 2 8 Hazel View 20 0 20 4 2 1 7 Lakeland: Forest Glen At ..30 0 30 6 2 2 10 Lakeland: Park Ridge 256 0 256 50 20 19 88 Lakeland: River Rock 14 0 14 3 1 1 5 Pacific Lane 11 0 11 2 1 1 4 Ridge At Tall Timbers 104 0 104 20 8 8 36 Spencer Place *13 0 13 3 1 1 4 Willow Place *18 0 18 3 1 1 6 Yates Plat 16 0 16 3 1 1 5 553 553 Total 107 43 40 190 * currently under construction Student Generation Factors Estimated Students Based on 52 Auburn School District Development Growth since 1/1/12 April 2017 MULTI FAMILY Units/ Current To Be Development Name Parcels Occupancy Occupied Elem Middle HS Total Elem Middle HS Total Lakeland: Four Lakes Apts 234 234 0 15 6 11 32 0.064 0.026 0.047 0.137 Legend Townhomes 11 11 0 51170.455 0.091 0.091 0.636 Trail Run Townhomes 115 115 0 17 4 4 25 0.148 0.035 0.035 0.217 360 360 0 37 11 16 64 0.103 0.031 0.044 0.178 2017 and beyond Promenade Apts * (formerly Auburn Hills)320 0 320 33 10 14 57 Sundallen Condos 48 0 48 5129 The Villas at Auburn *280 0 280 29 9 12 50 648 648 Total 67 20 29 115 * currently under contruction Student Generation Factors 53 CAPITAL FACILITIES PLAN 2018 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN Adopted July 25, 2017 BOARD OF EDUCATION Geoffery McAnalloy Claire Wilson Liz Drake Carol Gregory Hiroshi Eto SUPERINTENDENT Dr. Tammy Campbell Prepared by: Sally D. McLean, Chief Finance & Operations Officer Tanya Nascimento, Student & Demographic Forecaster FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 1 TABLE OF CONTENTS TABLE OF CONTENTS 1 INTRODUCTION 2-3 SECTION 1 THE CAPITAL FACILITIES PLAN Introduction 4 Inventory of Educational Facilities 5 Inventory of Non-Instructional Facilities 6 Needs Forecast - Existing Facilities 7 Needs Forecast - New Facilities 8 Six Year Finance Plan 9 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 10 Map - Elementary Boundaries 11 Map - Middle School Boundaries 12 Map - High School Boundaries 13 SECTION 3 SUPPORT DOCUMENTATION Introduction 14 Building Capacities 15-17 Portable Locations 18-19 Student Forecast 20-22 Capacity Summaries 23-27 King County Impact Fee Calculations 28-30 SECTION 4 SUMMARY OF CHANGES FROM THE 2017 PLAN 31-33 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 2 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 2018 Capital Facilities Plan as of May 2017. 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. Construction to replace Federal Way High School and to increase capacity by approximately 200 students has been in progress since 2014. We are currently nearing the completion of this $106 million project. The District began Phase I in Summer 2014. The newly constructed building, including the majority of the classrooms (Phase II), was ready for use beginning in the 2016-17 school year. The existing cafeteria, gymnasium, and kitchen will continue to be in use during construction. Phase III, demolition of the cafeteria, gymnasium, and kitchen, and construction of athletic fields, will begin this summer and is expected to be completed by Winter 2018. The District continues to monitor factors that may have an impact on enrollment and capacity at our schools. In accordance with the McCleary decision, the State continues to phase in funding based on a reduction of K-3 class size to 17 and 4-12 class size to 25. Initiative Measure No. 1351 would further reduce these class sizes in schools where more than 50% of students were eligible for free and reduced-price meals in the prior year. Under this measure, class sizes in those schools would be reduced to 15 in grades K-3, 22 in grade 4, and 23 in grades 5-12. The additional class size reductions required by Initiative 1351 would increase our classroom need from 60 to 120 at our Elementary & K-8 schools and add a need for an additional 26 classrooms at our Secondary schools. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 3 During the 2016-17 school year the District formed a Facilities Planning Committee consisting of District staff, parents, and community members. The Committee was tasked with developing a recommendation to the Superintendent regarding Phase 2 of the District’s plan for school construction, remodeling, and/or modernization for voter consideration in November 2017. Through the committee’s work a determination was made to recommend the rebuilding of Thomas Jefferson High School, Illahee Middle School, Totem Middle School, Lake Grove Elementary, Mirror Lake Elementary, Olympic View Elementary, Star Lake Elementary, and Wildwood Elementary. In addition to the school projects, the committee is also recommending the modernization of Memorial Stadium, which currently supports athletic activities for all schools. The rebuild of the aforementioned schools will create additional capacity for 960 students at the elementaries and 200 students at the high school. The expanded capacity supplants the need for additional elementary schools. 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. At this time with more than 1,000 unhoused elementary students, boundary adjustments cannot resolve the need for additional capacity. The maps included in this Plan reflect the boundaries for the 2017-18 school year. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 4 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. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 5 INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS (K-5) Adelaide 1635 SW 304th St Federal Way 98023 Brigadoon 3601 SW 336th St Federal Way 98023 Camelot 4041 S 298th St Auburn 98001 Enterprise 35101 5th Ave SW Federal Way 98023 Green Gables 32607 47th Ave SW Federal Way 98023 Lake Dolloff 4200 S 308th St Auburn 98001 Lake Grove 303 SW 308th St Federal Way 98023 Lakeland 35827 32nd Ave S Auburn 98001 Mark Twain 2450 S Star Lake Rd Federal Way 98003 Meredith Hill 5830 S 300th St Auburn 98001 Mirror Lake 625 S 314th St Federal Way 98003 Nautilus (K-8) 1000 S 289th St Federal Way 98003 Olympic View 2626 SW 327th St Federal Way 98023 Panther Lake 34424 1st Ave S Federal Way 98003 Rainier View 3015 S 368th St Federal Way 98003 Sherwood Forest 34600 12th Ave SW Federal Way 98023 Silver Lake 1310 SW 325th Pl Federal Way 98023 Star Lake 4014 S 270th St Kent 98032 Sunnycrest 24629 42nd Ave S Kent 98032 Twin Lakes 4400 SW 320th St Federal Way 98023 Valhalla 27847 42nd Ave S Auburn 98001 Wildwood 2405 S 300th St Federal Way 98003 Woodmont (K-8) 26454 16th Ave S Des Moines 98198 MIDDLE SCHOOLS (6-8) Federal Way Public Academy (6-10) 34620 9th Ave S Federal Way 98003 Illahee 36001 1st Ave S Federal Way 98003 Kilo 4400 S 308th St Auburn 98001 Lakota 1415 SW 314th St Federal Way 98023 Sacajawea 1101 S Dash Point Rd Federal Way 98003 Sequoyah 3450 S 360th ST Auburn 98001 Totem 26630 40th Ave S Kent 98032 TAFA @ Saghalie (6-12) 33914 19th Ave SW Federal Way 98023 HIGH SCHOOLS (9-12) Decatur 2800 SW 320th St Federal Way 98023 Federal Way 30611 16th Ave S Federal Way 98003 Thomas Jefferson 4248 S 288th St Auburn 98001 Todd Beamer 35999 16th Ave S Federal Way 98003 Career Academy at Truman 31455 28th Ave S Federal Way 98003 ADDITIONAL SCHOOLS Internet Academy (K-12) 31455 28th Ave S Federal Way 98003 Employment Transition Program (12+) 33250 21st Ave SW Federal Way 98023 Federal Way Open Doors 31455 28th Ave S Federal Way 98003 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 6 CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Property Central Kitchen 1214 S 332nd Federal Way 98003 Federal Way Memorial Field 1300 S 308th St Federal Way 98003 Educational Services Center 33330 8th Ave S Federal Way 98003 Support Services Center 1211 S 332nd St Federal Way 98003 Leased Property Early Learning Center at Uptown Square 1066 S 320th St Federal Way 98003 Undeveloped Property Site # Location 75 SW 360th Street & 3rd Avenue SW – 9.2 Acres 65 S 351st Street & 52nd Avenue S – 8.8 Acres 60 E of 10th Avenue SW - SW 334th & SW 335th Streets - 10.04 Acres 73 N of SW 320th and east of 45th PL SW – 23.45 Acres 71 S 344th Street & 46th Avenue S - 17.47 Acres 82 1st Way S and S 342nd St – Minimal acreage 96 S 308th St and 14th 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. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 7 NEEDS FORECAST - EXISTING FACILITIES PHASE EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS On- going Purchase and Relocate Portables Interim Capacity Anticipated source of funds is Impact Fees. II Thomas Jefferson High School Replace Existing Building, Increase Capacity Capital bond request II Illahee Middle School Replace Existing Building Capital bond request II Totem Middle School Replace Existing Building Capital bond request II Lake Grove Elementary Replace Existing Building, Increase Capacity Capital bond request II Mirror Lake Elementary Replace Existing Building, Increase Capacity Capital bond request II Olympic View K-8 School Replace Existing Building, Increase Capacity Capital bond request II Star Lake Elementary Replace Existing Building, Increase Capacity Capital bond request II Wildwood Elementary Replace Existing Building, Increase Capacity Capital bond request II Memorial Stadium Replace Existing Facility Capital bond request III Decatur High School Replace Existing Building, Increase Capacity TBD III Kilo Middle School Replace Existing Building TBD III Sacajawea Middle School Replace Existing Building TBD III Adelaide Elementary Replace Existing Building, Increase Capacity TBD III Brigadoon Elementary Replace Existing Building, Increase Capacity TBD III Camelot Elementary Replace Existing Building, Increase Capacity TBD III Lake Dolloff Elementary Replace Existing Building, Increase Capacity TBD III Mark Twain Elementary Replace Existing Building, Increase Capacity TBD III Nautilus K-8 School Replace Existing Building, Increase Capacity TBD III Twin Lakes Elementary Replace Existing Building, Increase Capacity TBD III Woodmont K-8 School Replace Existing Building, Increase Capacity TBD As part of the multi-phase plan, the District intends to increase capacity for elementary and high school students with expansion at the Thomas Jefferson, Lake Grove, Mirror Lake, Olympic View, Star Lake, and Wildwood sites. Increased capacity at the five elementary schools listed and additional elementary schools in later phases, supplant the need for construction of a twenty-fourth elementary school. Only projects in Phase II with plans to increase capacity are included in the impact fee calculation for this plan. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 8 NEEDS FORECAST - ADDITIONAL FACILITIES NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS No current plans for additional facilities. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 9 Six Year Finance Plan Secured Fundin g Sources Impact Fees (1)($308,593) Land Sale Funds (2)($4,468,978) Bond or Levy Funds (3) $7,599,847 School Construction Assistance Program (SCAP) (4) $10,549,488 TOTAL $13,371,764 Pro jected Revenue Sources School Construction Assistance Program (SCAP) (5) $116,000,000 Levy Funds (6) $20,000,000 Bond Funds (7) $304,000,000 Land Fund Sales (8)$0 Impact Fees (9) $1,400,000 TOTAL $441,400,000 Actual and Planned Expenditures Total Secured Funding and Projected Revenue $454,771,764 NEW SCHOOLS Estimated and Budget 2018 2019 2020 2021 2022 2023 Total Total Cost Prior Years 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2017-2023 MODERNIZATION AND EXPANSION Federal Way High School (10)$76,000,000 $20,000,000 $10,000,000 $30,000,000 $106,000,000Lake Grove Elementary (11)$13,800,000 $13,800,000 $27,600,000 $27,600,000Mirror Lake Elementary (11)$13,800,000 $13,800,000 $27,600,000 $27,600,000Star Lake Elementary (11)$13,800,000 $13,800,000 $27,600,000 $27,600,000Wildwood Elementary (11)$13,800,000 $13,800,000 $27,600,000 $27,600,000Olympic View K-8 School (11)$14,700,000 $14,700,000 $14,700,000 $44,100,000 $44,100,000Thomas Jefferson High School (11)$37,500,000 $37,500,000 $37,500,000 $37,000,000 $149,500,000 $149,500,000 SITE ACQUISITION Norman Center $1,425,000 $225,000 $235,000 $235,000 $695,000 $2,120,000 (Employment Transtion Program) (12) TEMPORARY FACILITIES Portables (13)$200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $1,400,000 $1,400,000 TOTAL $77,425,000 $75,625,000 $80,335,000 $15,135,000 $52,400,000 $37,700,000 $37,700,000 $37,200,000 $336,095,000 $413,520,000 NOTES:` 1. These fees are currently being held in a King County, City of Federal Way and City of Kent impact fee account, and will be available for use by the District for system improvements. This is year end balance on 12/31/16. 2. This is year end balance on 12/31/16. 3. This is the 12/31/16 balance of bond funds and capital levy funds. This figure includes interest earnings. 4. This represents the balance of SCAP which will be used to to support the rebuilding of Federal Way High School. This is the balance on 12/31/16. 5. This is remaining anticipated SCAP for the rebuilding of Federal Way High School. Application for funds was made in July 20 13. Also included is the anticipated SCAP for projects included in the upcoming bond measure. 6. These include $30m of the $60m six-year levy approved in November 2012. 7. In November 2017, the District will have a $450m bond measure on the ballot for voter consideration. The amount included in the finance plan is for those projuects which will create additional capacity. 8. Projected sale of surplus properties. 9. These are projected fees based upon anticipated residential developments in the District, $25,000 per month over the next 6 years. 10. Project budget has been adjusted to match current project cost estimates. 11. Project budgets based on current cost estimates. 12. Norman Center was purchased in 2010 to house the Employment Transition Program. The $2.1m purchase has been financed throu gh a state approved LOCAL program through 2020. 13. These fees represent the cost of purchasing and installing new portables. The portable expenditure in future years may replace existing portables that are not functional. These may not increase capacity and are not included in the capacity summary. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 10 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, six middle school schools (grades 6-8), four high schools (grades 9-12) and two small secondary schools. The Federal Way Public Academy serves students in grades 6-10. The programs at Career Academy at Truman High School serves students in grades 9-12. In addition to these programs, TAFA @ Saghalie serves students in grades 6-12 who reside within the service area. 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. 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. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 11 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 12 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 13 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 14 SECTION 3 - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast – 2018 through 2024 Capacity Summaries King County Impact Fees - Single and Multi-Family Units FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 15 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 3 should be 17 students to comply with McCleary. In grades 4-5 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. Historically, the District has used the OSPI square footage calculation as a baseline for capacity calculation and made adjustments for specific program needs. The District will continue to use this calculation for determining capacity at our middle and high schools. However, with the implementation of McCleary which requires a significant reduction in K-3 class sizes, elementary capacity, in this Plan, will be calculated based on the number of classroom spaces, the number of students assigned to each classroom and the extent of support facilities available for students, staff, parents, and the community. Class Size Guidelines FWPS Historical “Standard of Service” HB2661/SHB2776 Enacted Law Square Footage Guideline Kindergarten 20 17 25-28 Grades 1-2 20 17 25-28 Grade 3 25 17 28 Grades 4-5 25 25 28 For the purposes of determining student capacity at individual schools, the following list clarifies adjustments to classroom spaces and the OSPI calculation. Special Education Resource Rooms: Each 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 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. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 16 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/ECEAP/Headstart: Our district currently offers preschool programs for both special needs & typically developing students at 9 elementary schools. We also have the ECEAP and Headstart program at 6 schools (4 elementary & 3 high schools). These programs decrease capacity at those sites. The District has recently leased space to expand or possibly relocate existing preschool programs. 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. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 17 ELEMENTARY BUILDING MIDDLE SCHOOL BUILDING PROGRAM CAPACITY PROGRAM CAPACITY School Name Headcount School Name Headcount FTE Adelaide 353 Illahee 855 864 Brigadoon 299 Kilo 779 787 Camelot 277 Lakota 786 794 Enterprise 345 Sacajawea 694 701 Green Gables 401 Sequoyah 585 591 Lake Dolloff 400 Totem 795 803 Lake Grove 353 TAFA @ Saghalie 598 604 Lakeland 371 Federal Way Public Academy 183 185 Mark Twain 430 TOTAL 5,275 5,329 Meredith Hill 375 Mirror Lake 262 *Middle School Average 727 735 Nautilus (K-8)466 Olympic View 353 HIGH SCHOOL BUILDING Panther Lake 347 PROGRAM CAPACITY Rainier View 405 Sherwood Forest 390 School Name Headcount FTE Silver Lake 400 Decatur 1243 1,329 Star Lake 337 Federal Way 1684 1,801 Sunnycrest 405 Thomas Jefferson 1224 1,309 Twin Lakes 341 Todd Beamer 1085 1,160 Valhalla 406 TAFA @ Saghalie 155 166 Wildwood 372 Career Academy at Truman 159 170 Woodmont (K-8)357 Federal Way Public Academy 116 124 TOTAL 8,445 Employment Transition Program 48 51 TOTAL 5,714 6,111 Elementary Average 367 *High School Average 1,309 1,400 Notes: * Federal Way Public Academy, Career Academy at Truman High School, Employment Transition Program and TAFA @ Saghalie for the high school school grade span (9-12) are non-boundary schools. These schools are not used in the calculated averages. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 18 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 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 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. The following page provides a list of the location of the portable facilities, used for educational facilities by Federal Way Public Schools. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 19 PORTABLES LOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT HIGH SCHOOLS NON NON INSTRUCTIONAL INSTRUCTIONAL* INSTRUCTIONAL INSTRUCTIONAL Adelaide 12Decatur 81 Brigadoon 1 Federal Way Camelot 1 Thomas Jefferson 10 Enterprise 21Todd Beamer 8 Green Gables 1TOTAL 26 1 Lake Dolloff 11 Lake Grove 2 Lakeland Mark Twain 3 Meredith Hill 1 2 PORTABLES LOCATED Mirror Lake 6 4 AT SUPPORT FACILITIES Nautilus 12 Olympic View 11MOT Panther Lake 31TDC 9 Rainier View 41Former TAFA 20 Sherwood Forest 31TOTAL 29 Silver Lake 13 Star Lake 31 Sunnycrest 6 DISTRICT PORTABLES IN USE FOR ECEAP Twin Lakes 1 2 AND/OR HEADSTART Valhalla 4 Sherwood Forest 1 Wildwood 4 Woodmont 3 Total 1 TOTAL 49 26 PORTABLES LOCATED AT MIDDLE SCHOOLS NON INSTRUCTIONAL INSTRUCTIONAL Illahee 3 Kilo 7 Lakota Sacajawea 3 Sequoyah 2 Totem TAFA @ Saghalie 4 TOTAL 5 14 *Non-instructional portables at Lake Dolloff, Mirror Lake, and Nautilus will be in use as Instructional portables in the 2017-18 school year. PORTABLE LOCATIONS FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 20 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 MasterTM 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 2012, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in March 2013. 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 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 21 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 2023. 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. An update to the District projections was provided in December 2016. 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. 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. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 22 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 Calendar Yr School Year Elementary Middle School High School FTE Change 2012 2011-12 8,800 5,134 6,448 20,382 2013 2012-13 8,914 4,963 6,367 20,244 -0.7% 2014 2013-14 9,230 4,801 6,354 20,384 0.7% 2015 2014-15 9,177 4,884 6,402 20,462 0.4% 2016 2015-16 9,397 5,047 6,273 20,717 1.2% 2017 2016-17 9,589 4,986 6,063 20,638 -0.4% 2018 B2017-18 9,748 5,105 6,063 20,916 1.3% 2019 P2018-19 9,621 5,166 6,178 20,965 0.2% 2020 P2019-20 9,561 5,422 6,149 21,132 0.8% 2021 P2020-21 9,615 5,496 6,209 21,320 0.9% 2022 P2021-22 9,725 5,421 6,359 21,505 0.9% 2023 P2022-23 9,806 5,294 6,548 21,648 0.7% 2024 P2023-24 9,880 5,270 6,689 21,839 0.9% Elementary K-5 Middle School 6-8 High School 9-12 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 School Year Enrollment History and Six Year Forecast FTE FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 23 Capacity Summaries All Grades, Elementary, Middle School, and High Schools The Capacity Summaries combine Building Capacity information, Portable 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 District has recently adjusted its capacity calculation method for Elementary schools to better show capacity needed to comply with the K-3 Class Size Reduction. This adjustment is also shown in the portable capacity calculation. In order to allow for flexibility in portable usage the District will use an average class size calculation of 21 for each Elementary portable and an average class size of 25 for each Middle and High School portable. 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. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 24 CAPACITY SUMMARY - ALL GRADES Budget - - Projected - - Calendar Year 2017 2018 2019 2020 2021 2022 2023 CAPACITY School Year 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 BUILDING PROGRAM HEADCOUNT CAPACITY 19,451 19,451 19,451 19,451 20,091 20,251 20,251 FTE CAPACITY 19,822 19,822 19,822 19,822 19,822 19,822 19,822 Add Capacity 640 160 Adjusted Program Headcount Capacity 19,451 19,451 19,451 20,091 20,251 20,251 20,251 Adjusted Program FTE Capacity 19,822 19,822 19,822 20,462 19,982 19,822 19,822 ENROLLMENT Basic FTE Enrollment 20,916 20,965 21,132 21,320 21,505 21,648 21,839 Internet Academy Enrollment (AAFTE)(315) (315) (315) (315) (315) (315) (315) Basic FTE Enrollment without Internet Academy 20,601 20,650 20,817 21,005 21,190 21,333 21,524 SURPLUS OR (UNHOUSED) PROGRAM FTE CAPACITY (779) (828) (995) (543) (1,208) (1,511) (1,702) RELOCATABLE CAPACITY Current Portable Capacity 2,129 2,171 2,171 2,171 1,898 1,877 1,877 Add New Portable Capacity 42 Subtract Portable Capacity (273) (21) Adjusted Portable Capacity 2,171 2,171 2,171 1,898 1,877 1,877 1,877 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 1,392 1,343 1,176 1,355 669 366 175 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 25 CAPACITY SUMMARY - ELEMENTARY SCHOOLS Budget - - Projected - - Calendar Year 2017 2018 2019 2020 2021 2022 2023 CAPACITY School Year 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 BUILDING PROGRAM HEAD COUNT CAPACITY 8,462 8,462 8,462 8,462 9,102 9,262 9,262 FTE CAPACITY 8,462 8,462 8,462 8,462 9,102 9,262 9,262 Add/Subtract capacity total Add capacity at: Lake Grove 160 Mirror Lake 205 Olympic View 160 Star Lake 145 Wildwood 130 Adjusted Program Headcount Capacity 8,462 8,462 8,462 9,102 9,262 9,262 9,262 Adjusted Program FTE Capacity 8,462 8,462 8,462 9,102 9,262 9,262 9,262 ENROLLMENT Basic FTE Enrollment 9,748 9,621 9,561 9,615 9,725 9,806 9,880 Internet Academy (AAFTE)1 (36) (36) (36) (36) (36) (36) (36) Basic FTE Enrollment without Internet Academy 9,712 9,585 9,525 9,579 9,689 9,770 9,844 SURPLUS OR (UNHOUSED) PROGRAM CAPACITY (1,250) (1,123) (1,063) (477) (427) (508) (582) RELOCATABLE CAPACITY2 Current Portable Capacity 1,029 1,071 1,071 1,071 798 777 777 Add/Subtract portable capacity Add portable capacity at: Nautilus 42 Subtract portable capacity at: Mirror Lake (126) Olympic View (21) Star Lake (63) Wildwood (84) Adjusted Portable Capacity 1,071 1,071 1,071 798 777 777 777 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY (179) (52)8 321 350 269 195 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 house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based 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 instructional use. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 26 CAPACITY SUMMARY - MIDDLE SCHOOLS Budget - - Projected - - Calendar Year 2017 2018 2019 2020 2021 2022 2023 CAPACITY School Year 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 BUILDING PROGRAM HEADCOUNT CAPACITY 5,275 5,275 5,275 5,275 5,275 5,275 5,275 FTE CAPACITY 5,249 5,249 5,249 5,249 5,249 5,249 5,249 Add/Subtract capacity Adjusted Program Headcount Capacity 5,275 5,275 5,275 5,275 5,275 5,275 5,275 Adjusted Program FTE Capacity 5,249 5,249 5,249 5,249 5,249 5,249 5,249 ENROLLMENT Basic FTE Enrollment 5,105 5,166 5,422 5,496 5,421 5,294 5,270 Internet Academy (AAFTE)1 (74) (74) (74) (74) (74) (74) (74) Basic FTE Enrollment without Internet Academy 5,031 5,092 5,348 5,422 5,347 5,220 5,196 SURPLUS OR (UNHOUSED) PROGRAM CAPACITY 218 157 (99) (173) (98)29 53 RELOCATABLE CAPACITY2 Current Portable Capacity 325 325 325 325 325 325 325 Add/Subtract portable capacity Adjusted Portable Capacity 325 325 325 325 325 325 325 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 543 482 226 152 227 354 378 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 house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based 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 instructional use. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 27 CAPACITY SUMMARY - HIGH SCHOOLS Budget - - Projected - - Calendar Year 2017 2018 2019 2020 2021 2022 2023 CAPACITY School Year 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 BUILDING PROGRAM HEADCOUNT CAPACITY 5,714 5,714 5,714 5,714 5,714 5,714 5,714 FTE CAPACITY 6,111 6,111 6,111 6,111 6,111 6,111 6,111 Add/Subtract capacity Thomas Jefferson High School4 Adjusted Program Headcount Capacity 5,714 5,714 5,714 5,714 5,714 5,714 5,714 Adjusted Program FTE Capacity 6,111 6,111 6,111 6,111 6,111 6,111 6,111 ENROLLMENT Basic FTE Enrollment 6,063 6,178 6,149 6,209 6,359 6,548 6,689 Internet Academy (AAFTE)1 (205) (205) (205) (205) (205) (205) (205) Basic Ed without Internet Academy 5,858 5,973 5,944 6,004 6,154 6,343 6,484 SURPLUS OR (UNHOUSED) PROGRAM CAPACITY 253 138 167 107 (43) (232) (373) RELOCATABLE CAPACITY2 Current Portable Capacity 775 775 775 775 775 775 775 Add/Subtract portable capacity Adjusted Portable Capacity 775 775 775 775 775 775 775 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY3 1,028 913 942 882 732 543 402 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 house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based 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 instructional use. 3. Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooms. 4 Current project timelines estimate the completion of Thomas Jefferson HS in 2024. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 28 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 2018 Capital Facilities Plan were derived using actual generation factors from single-family units and multi-family units that were constructed in the District in the last five (5) years - IMPACT FEE CALCULATION On page 30, the 2018 variables for the calculation of the Impact Fee for single family and multi-family units based on King County Code 21A and the Growth Management Act, generate the results below: Plan Year 2017 Plan Year 2018 Single Family Units $3,198 $6,842 Multi-Family Units $8,386 $20,086 Mixed-Use Residential1 $4,193 $10,043 A year over year comparison of formula variables can be found on page 33. 1 In accordance with the City of Federal Way Ordinance No. 95-249. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 29 STUDENT GENERATION NEW CONSTRUCTION IN PRIOR 5 YEARS Single Family Student Generation Number of Number of Number of Number of Elementary Middle School High School Total Single Family Elementary Middle School High School Student Student Student Student DEVELOPMENT Dwellings Students Students Students Factor Factor Factor Factor (17) Hibbford Glen 15 10 2 1 0.6667 0.1333 0.0667 0.8667 (17) Vista Pointe 105 16 2 7 0.1524 0.0190 0.0667 0.2381 (16) Jefferson Place 11 5 1 1 0.4545 0.0909 0.0909 0.6363 (16) Star Lake East 30 3 4 5 0.1000 0.1333 0.1667 0.4000 (15) Swan Song 29 7 2 3 0.2414 0.0690 0.1034 0.4138 (15) Wynstone East 114 30 21 26 0.2632 0.1842 0.2281 0.6755 (14) North Lake Rim 37 4 4 4 0.1081 0.1081 0.1081 0.3243 (14) Wynstone 44 13 6 7 0.2955 0.1364 0.1591 0.5910 (13) Lake Point 22 3 4 5 0.1364 0.1818 0.2273 0.5455 (13) Saghalie Firs 34 6 7 4 0.1765 0.2059 0.1176 0.5000 Total 441 97 53 63 Student Generation*0.2200 0.1202 0.1429 0.4830 Multi-Family Student Generation - City of Federal Way Number of Number of Number of Number of Elementary Middle School High School Total Multi Family Elementary Middle School High School Student Student Student Student DEVELOPMENT Dwellings Students Students Students Factor Factor Factor Factor (17) Kitt's Corner 216 138 48 54 0.6389 0.2222 0.2500 1.1111 (16) Kandila Townhomes 27 3 2 3 0.1111 0.0741 0.1111 0.2963 (15) Park 16 293 179 77 116 0.6109 0.2628 0.3959 1.2696 Total 536 320 127 173 Student Generation*0.5970 0.2369 0.3228 1.1567 * Student Generation rate is based on totals. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 30 IMPACT FEE School Site Acquisition Cost:Student Student Facility Cost / Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 0.2200 0.5970 $0 $0 Middle School 0.1202 0.2369 $0 $0 High School 4.85 $216,718 51 0.1429 0.3228 $2,942 $6,646 TOTAL $2,942 $6,646 School Construction Cost:Student Student % Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 94.09% $38,934,000 800 0.2200 0.5970 $10,074 $27,337 Middle School 97.26% 0.1202 0.2369 $0 $0 High School 96.98% $9,867,000 150 0.1429 0.3228 $9,116 $20,593 TO TAL $19,190 $47,930 Temporary Facility Cost:Student Student % Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 5.91% $172,993 42 0.2200 0.5970 $54 $145 Middle School 2.74% 0.1202 0.2369 $0 $0 High School 3.02% 0.1429 0.3228 $0 $0 TOTAL $54 $145 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 $213.23 90 65.59% 0.2200 0.5970 $2,769 $7,515 Middle School $213.23 0.1202 0.2369 $0 $0 High School $213.23 130 65.59% 0.1429 0.3228 $2,598 $5,869 Total $5,367 $13,384 Tax Payment Credit Calculation SFR MFR Average Assessed Value (March 2017)$294,328 $109,489 Capital Bond Interest Rate (March 2017)3.95% 3.95% Net Present Value of Average Dwelling $2,393,217 $890,268 Years Amortized 10 10 Property Tax Levy Rate $1.31 $1.31 Present Value of Revenue Stream $3,135 $1,166 Sing le Family Multi-Family Mixed-Use Residences Residences Residential 1 Mitigation Fee Summary Site Acquisition Cost $2,942 6,646$ 6,646$ Permanent Facility Cost $19,190 47,930$ 47,930$ Temporary Facility Cost $54 145$ 145$ State Match Credit (5,367)$ (13,384)$ (13,384)$ Tax Payment Credit (3,135)$ (1,166)$ (1,166)$ Sub-Total 13,683$ 40,171$ 40,171$ 50% Local Share 6,842$ 20,086$ 20,086$ Calculated Impact Fee 6,842$ 20,086$ 10,043$ 1 In accordance with the City of Federal Way Ordinance No. 95-249 FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 31 SECTION 4 SUMMARY OF CHANGES FROM THE 2017 CAPITAL FACILITIES PLAN The 2018 Capital Facilities Plan is an updated document, based on the 2017 Capital Facilities Plan. The changes between the 2017 Plan and the 2018 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 2018-2024 and adjusted for anticipated Federal Way High School construction schedule and anticipated new construction based on a November 2017 bond vote. The plan is found on page 9. SECTION III - SUPPORT DOCUMENTATION CAPACITY Changes to the Building Program Capacities calculation are found on page 17. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 19. STUDENT FORECAST The Student Forecast now covers 2018 through 2024 Enrollment history and projections are found on page 22. 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 24-27. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fees have changed as a result of changes in several factors. The updates made to the variables in the Impact Fee calculation, generate a change in the Impact Fee between the 2017 Capital Facilities Plan and the 2018 Capital Facilities Plan. A summary of these changes can be found on page 32 and 33. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 32 IMPACT FEE CALCULATION CHANGES FROM 2017 TO 2018 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 2017 Capital Facilities Plan and the 2018 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 29. SCHOOL CONSTRUCTION COSTS The anticipated cost based on the estimate for replacing Thomas Jefferson High is $149,500,000. For Impact Fee calculation, the District will use the estimated Maximum Allowable Construction Cost of $89,700,000, which is 60% of the total anticipated cost. The replacement will add a total of 200 additional seats, with 50 seats dedicated for preschool capacity. Only additional capacity for grade 9-12 seats will be used in the impact fee calculation. The current permanent capacity of Thomas Jefferson High is 1309. The addition of 150 grade 9-12 seats will increase permanent capacity by 11%. Total Cost $149,500,000 x .6 x .11 = $9,867,000 The anticipated cost based on the estimate for replacing Lake Grove, Mirror Lake, Olympic View, Star Lake, and Wildwood elementaries is $154,500,000. For Impact Fee calculation, the District will use the estimated Maximum Allowable Construction Cost of $92,700,000, which is 60% of the total anticipated cost. The replacement will add a total of 960 additional seats. The additional seats will include new preschool capacity at Lake Grove, Mirror Lake, and Star Lake and 6-8 capacity at Olympic View, as well as adding additional K-5 capacity. Only capacity for grade K-5 seats will be used in the impact fee calculation. The current permanent capacity of these schools is 1902. The addition of 800 grade K-5 seats will increase permanent capacity by 42%. Total Cost $154,500,000 x .6 x .42 = $38,934,000 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 permanent capacity by 51 students. Total Cost $2,100,000 / 2 = $1,050,000 Cost per Acre $1,050,000 / 4.85 = $216,718 The District will use the above formulas created as a base for the 2018 Capital Facilities Plan. The capacity of these schools may vary from year to year as programs are added or changed and construction cost may increase over time. FEDERAL WAY PUBLIC SCHOOLS 2018 CAPITAL FACILITIES PLAN 33 IMPACT FEE CALCULATION CHANGES FROM 2017 TO 2018 Item From/To Comment Percent of Permanent Facilities 95.30% to 95.86%Report #3 OSPI Percent Temporary Facilities 4.70% to 4.14%Updated portable inventory Average Cost of Portable $178,686 to $172,993 Updated 5-yr rolling average of Classrooms portables purchased and placed by 2016. Construction Cost Allocation $213.23 to $213.23 Change effective July 2016 State Match 65.59% to 65.59%Change effective July 2016 Average Assessed Value Per Puget Sound Educational SFR- $274,781 to $294,328 Service District (ESD 121) MFR- $106,352 to $109,489 Capital Bond Interest Rate 3.27% to 3.95%Market Rate Property Tax Levy Rate $1.37 to $1.31 King County Treasury Division Student Generation Factors Updated Housing Inventory Single-Family Elementary .2471 to .2200 Middle School .1408 to .1202 High School .1379 to .1429 Multi-Family - Elementary .5375 to .5970 Middle School .2813 to .2369 High School .2594 to .3228 Impact Fee SFR- $3,198 to $6,842 SFR based on the updated calculation MFR - $8,386 to $20,086 MFR based on the updated calculation Note: Student generation factors for are single family units are based on new developments constructed within the District over the last five (5) years prior to the date of the fee calculation. Student generation factors for are multi- family units are based on new developments constructed within the District over the last five (5) years prior to the date of the fee calculation. Federal Way Public Schools 33330 8th Avenue S Federal Way, Washington 98003 (253) 945-2000 This document is published by the Business Services Department of the Federal Way Public Schools. May 2017 7Ã GHLINEHI BPU ttc scHoots August 7,2017 City of Kent Economic and Community Development Charlene Anderson, Planning Manager 400 W. Gowe #300 Kent, WA 98032 Dear Charlene, The Highline Public Schools' Board of Directors adopted its2017 Capital Facilities Plan (CFP) on July 26,2017 . Please find enclosed a copy of the 20It CFP. The District is looking forward to working with the City of Kent in the next several months to develop acceptable language for a school impact fee ordinance for the Council's consideration. Denise Stiffarm, Pacifica Law Group (legal counsel), and I are available to meet with city staff to answer any questions with regard to the scope of the district's 2017 CFP and impact fee calculations for single and multi-family residential units. Sincerely, odgi Executive Director cc: D. Stiffarm i.ií t: li,i':,t' ;: . ,,.. . .r l'J ,' , ., -rt' ''... j .ti: Capital Planning and Construction Department G. Scott Hodgins, Executive Director 17810 8th Avenue South, Bldg. A Burien, WA 98L478 Office: 206-631-7500 ¿rrl i RECEIVED AUG 0I 2017 '',SIII*3"ÉFüå" HIGHLINE SCHOOL DISTRICT NO. 4OI CAPITAL FACILITIES PLAN 2017-2022 PUgr.rc Å ¡at{, fo r*cecsr¡fu **# */a/r¡t Board Introduction: June 2lr 2017 Adoption: July 26,2017 HIGHLINEscHootst HIGHLINE SCHOOL DISTRICT N[O. 4OI CAPITAL FACILITIES PLAI{ 2017-2022 HIGHLINEFUBL¡C SCHOOL$ A ¡ef!, fo s*cct* þ mgtla{ent BOARD OF DIRECTORS Bernie Dorsey, President Joe Van, Vice President Angelica Alvarez Tyrone Curry, Sr. Michael D. Spear SUPERINTENDENT Dr. Susan Enfield I Table of Contents Introduction Educational Program Standard Capital Faci lities Inventory..... Student Enrollment Trends and Projections .... Capital Facilities Projections for Future Needs Financing Plan School Impact Fees Appendix A: District Map Appendix B: Population and Enrollment Data.......... Appendix C: School Impact Fee Calculations ........... Appendix D: Student Generation Rates Page .......... I ..........3 ..........5 9 l0 14 A-l .B-l .c-l D-1 For information regarding the Highline School District's 2017-2022 Capital Facilities Plan, contact G. Scott Hodgins, Executive Director, Capital Planning and Construction, Highline School District No. 40 1 , 178 I 0 8th Avenue South, Building A, Burien, Washington 98148. Telephone: (206) 631-7500 SECTION ONE: INTRODUCTION Purpose of the Capital Føcilities PIøn This Six-Year Capital Facilities Plan has been prepared by the Highline School District (the "District") as the District's primary facility planning document, in compliance with the requirements of Washington's Growth Management Act (the "GMA") and King County Council Code Title 2lA. The Plan was prepared using data available in May 2017. The GMA outlines l3 broad goals including adequate provision of necessary public facilities and services. Schools are among these necessary facilities and services. School districts have adopted capital facilities plans to satisfy the requirements of RCW 36.70A.070 and to identifr additional school facilities necessary to meet the educational needs of the growing student populations anticipated in their districts. The Highline School District (the "District") has prepared this Capital Facilities Plan (the "CFP") to provide King County (the "County") and the cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, and Tukwila with a schedule and financing program for capital improvements over the next six years (2017-2022). This Plan will be updated annually with any changes to the impact fee schedule adjusted accordingly. Executive Summary ^ Ê+^. - ^^.i^,{ ^Ê l^.., ^^,^f l*^-r a¡nrr,+h rho Fìic+rin+ l"-. ^-^^.:--^-J .+^-J,, --.¡ .;^-;f:^^^r¿ rl!vl 4 Pvrlvs vr rvvY vrrrvlrlrrvrr! órvvvùrrr rrrv ylJLrrvù rr4J v^yvrrv¡rvlu JLwcuJ 4rru JrÉrrrrrvo¡rù enrollment increases since 2010. The District currently serves an approximate student population of 19,199 (October 1,2016 enrollment) with l8 elementary schools (grades K-6), five middle level schools (grades 7-8), and fìve high schools (grades 9-I2).In addition, the District has alternative programs: Big Picture (MS and HS) at the Manhattan site; CHOICE Academy (MS and HS) at the Woodside site; New Start (9-12) at the Salmon Creek Site; and Puget Sound Skills Center ("PSSC"). Over the last l4 years the District 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 three major capital bonds: one in 2002 for approximately $189,000,000, one in 2006 for approximately $148,000,000, and one in 2016 for approximately 5299,850,000. The 2002 and 2006 bonds were used for replacement of existing facilities and not to accommodate increased enrollment. The 2016 bonds are earmarked for a combination of improvements tolreplacement of existing facilities and the provision of new capacity. With the approved capital bond 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 Raisbeck Aviation High School the District has designed, permitted and constructed l3 new elementary schools, I new high school, renovated 3 -l- schools as interim facilities, and renovated portions of Memorial Field and Camp Waskowitz. All of this work has been done since March 2002. The District's 2016 bond proposal was based on the recommendations of a Capital Facilities Advisory Committee ("CFAC"), a citizens' committee representing every part the District. The committee met for a year to study the District's facilities needs, review data, such as enrollment projections and building conditions, and analyze various solutions. CFAC developed a long- term facilities plan, which includes the 2016 bond as the first phase of a four-phase plan to meet students' needs overthe next20 years. As the District looks ahead it recognizes that anticipated enrollment growth, some of which will be caused by new development, and implementation of recent legislation will require the District either to add new facilities, add additions to existing facilities, renovate existing facilities, or add portables to existing facilities. This CFP identifìes 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. [t also includes a schedule of impact fees that should be charged to new development. Based on current projections, the District needs to add capacity at the elementary and middle school levels to accommodate projected enrollment and implementation of recent legislation. To address these needs, the District plans to build a new elementary to replace Des Moines Elementary School to increase its student capacity, add classrooms at existing elementary schools, and build one new middle school. In addition, new modular or portables may need to be added at individual elementary schools and middle schools to accommodate future enrollment. At this time it has been assumed that additional land will not be needed to accommodate the new schools; however, land will be necessary in the future to support the District's long range facilities plan and the Educational Strategic Plan. .| SECTION 2 _ STANDARD OF SERWCE King County Code 21A.06 refers to a "Standard of Service" that each school district must establish in order to ascertain its overall capacity" School facility and student capacity needs are dictated by the types and amounts of space required to accommodate the District's adopted educational program. The educational program standards which typically drive facility space needs include grade configuration, optimum facility size, class size, educational program offerings, classroom utilization and scheduling requirements, and use of relocatable classrooms (portables). District educational program standards may change in the future as a result of changes in the education program, special programs class sizes, grade span configurations, and use of new technology, as well as other physical aspects of the school facilities. In addition, the State Legislature's implementation of requirements for reduced K-3 class size will also impact school capacity and educational program standards. (The District currently offers full-day kindergarten.) The school capacity inventory will be reviewed periodically and adjusted for any changes to the educational program standards. These changes will also be reflected in future updates of this CFP. The Standard of Service outlined below reflects only those programs and educational opportunities provided to students that directly affect the capacity of school buildings. The special programs listed below require classroom space, thus the permanent capacity of some buildings housing these programs has been reduced. Tøble I îar^-^ n:-^ C1¿-.-.t--) ^C <1^^.:^^a-lllùÐ ttu"e - LtaUfaUU, U UJ tJe, ytLc Grade Level Averøge Class Size Bqsed on Standørd ofServíce Kindergarten 24* Grades 1 - 3 25* Grades 4 - 6 27 Grades 7 - 8 30 Grades 9 - 12 )z *The Dishict standard for K-3 will change to 17:l in 2019 (see Table 7). It is not possible to achieve 100o/o utilization of all regular teaching stations throughout the day. Therefore, classroom capacity is adjusted using a uttlization factor of available teaching stations depending on the physical characteristics of the facility and educational program needs. J- Elementary School Standard of Service Models Special education for students with disabilities may be provided in selÊ contained classrooms. All students are provided music instruction in a separate classroom. All students will have scheduled time in a special classroom. Identified students will also be provided other educational opportunities in classrooms designated as follows: r Resource Rooms o English Language Learners (ELL) . Education for Disadvantaged Students (Title I) o Gifted Education o Learning Assisted Programs o Severely Behavior Disorder o Transition Rooms ¡ Mild, Moderate, and Severe Disabilities r Developmental Kindergarten o Extended Daycare Programs and PreschoolPrograms Secondary School Standard of Service Models Identified students will also be provided other educational opportunities in classrooms designated as follows: o Resource Rooms . English Language Learners (ELL) . Computer Labs . Science Labs o Career and Vocational Rooms . Daycare Programs ¡ Alternative Program Spaces a a a a a -4- SECTION THREE: CAPITAL FACILITIES INVENTORY This section provides an inventory of capital facilities owned and operated by the District including schools and relocatable classrooms (modulars or portables). School facility capacity was inventoried based on the space required to accommodate the District's adopted educational program standards. See Section Two: Standard of Service. A map showing locations of District facilities is provided in Appendix A. Schools See Section One for a description of the District's schools and programs. School capacity was determined based on the number of teaching stations (or general classrooms) within each building and the space requirements of the District's currently adopted current educational program and intemal targets as reported in ICOS with the Office of the Superintendent of Public Instruction. It is this capacity calculation that is used to establish the District's baseline capacity, and to determine future capacity needs based on projected student enrollment. The school capacity inventory is summarized in Tables 2,3, and4. As the District implements reduced K-3 class size requirements and grade reconfiguration, the inventory will reflect adjustments in the Standard of Service (see Tables 7-B andT-C). Re lo c atø h le C lassroo ms (Portøb les) Relocatable classrooms (portables) are used as interim classroom space to house students until funding can be secured to construct permanent classrooms. The District currently uses 27 relocatable classrooms at various school sites throughout the District to provide additional interim general classroom capacity. A typical relocatable classroom can provide capacity for a full-size class of students. Current use of relocatable classrooms throughout the District is summarized in Table 5. -5- Elementary School Building Area ßq.Ít) Teaching Stations* Permanent Capøcity** Beverly Park at Glendale ES 58,145 22 514 Bow Lake ES 76,108 30 666 Cedarhurst ES 68,916 26 6t9 Des Moines ES 41,766 t9 471 Gregory Heights ES 65,978 27 585 Hazel Valley ES 65,346 26 452 Hilltop ES 51,532 24 594 Madrona ES 69,240 25 598 Marvista ES 68,462 27 62t McMicken Heights ES 69,979 25 582 Midway ES 66,096 25 610 Mount View ES 67,783 26 628 North Hill ES 65,665 27 636 Parkside ES 68,857 26 622 Seahurst ES 59,967 27 585 Shorewood ES 60,326 22 483 Southern Heights ES 32,942 t5 336 White Center ES 65,654 26 622 TOTAL 1,122,762 445 10,231 Table 2 Elementary School Level Inventory * Teaching Station definition: A space designated as a classroom. Other stations include spaces designated for special education and pull-out programs. ** General classrooms -6- Middle School Building Areø (sq.Ít) Teaching Stations*Permanent Capacity** Cascade MS 90,582 34 986 Chinook MS 87,476 27 783 Pacific MS 73,941 24 696 Sylvester MS 92,617 30 870 Big Picture MS 1ør Manhauan)^2 58 Choice (at I,ïtoodside) ^2 58 TOTAL 344,616 rt9 3,451 Table 3 Middle School Level Inventory*** * Teaching Station Definition: A space designated as a general classroom. Other stations include spaces designated for special education and pull-out programs. ** General classrooms. ***Does not include alternative programs: CHOICE Academy MS/HS at I(oodside site. ^The District anticipates that the Big Picture and Choice programs will be relocated inthe 2019-20 school year to another District facility or leased space. Inventory adjustments will be reflected in future updates to this Capital Facilities Plan. Table 4 High School Level fnventory*** * Teaching Station definition: A space designated as a general classroom. Other stations include spaces designated for special education and pull-out programs. ** Regular classrooms. *¡t!*Does not include alternative programs: CHOICE Academy MS/HS at lloodside site; New Start HS at Salmon Creek site; and Puget Sound Skills Center. ^ The District anticipates that the Big Picture program will be relocated in the 2019-20 school year to another District facility or leased space. Inventory adjustments will be reflected in future updates to this Capital Facilities Plan. ^^Total capacity at the high school level may be affected as the District makes programmatic changes in its small school high schools: Tyee HS and Evergreen HS. For example, spaces cunently identified as teaching stations may be needed to serve special programs. High School Building Areø ßq.Ít.) Teøching Stations* Permanent Capacity** Raisbeck Aviation HS 87,934 t4 448 Big Picture HS 1ar Manhattan)29,141 10 320 Evergreen HS 161,456 48 1,536 Highline HS 214,919 70 2,240 Mount Rainier HS 205,159 47 1,504 Tyee HS 143, l0l 38 1,216 TOTALS 841,710 227 7,264^^ -7- Table 5 Relocatable Cløssrooms (Portable) Inventory **Used for regular classroom capacity. **t'The relocatables referenced under "other relocatables" are used for special pull-out programs, storage, community use, etc. Elementary School Relocatøhles**Othef r<r.t Interim Cøpacity Beverly Park at Glendale 0 2 0 Bow Lake 0 4 0 Cedarhurst 1 J 25 Des Moines 0 I 0 Gregory Heights 0 0 0 Hazel Valley 3 I 75 Hilltop 5 I 125 Madrona 2 0 50 Marvista 2 0 50 McMicken Heights 0 0 0 Midway 4 0 100 Mount View 4 0 100 North Hill 0 0 0 Parkside 0 0 0 Seahurst 2 2 50 Shorewood I 3 25 Southern Heights 2 I 50 White Center I J 25 TOTAL 27 2l 675 Middle School Relocatøbles**Other ***Interim Capacitv Cascade 0 3 0 Chinook 5 I 145 Pacific 4 0 l16 Sylvester 2 2 58 Big Picture MS 4 7 116 TOTAL 15 13 435 Hish School Relocatøble**Othet'tc'tct Interim Capacíty Raisbeck Aviation HS 0 0 0 Big Picture HS 0 0 0 Evergreen HS J 2 96 Highline HS 0 0 0 Mount Rainier HS 0 0 0 Tyee HS 0 I 0 TOTALS 3 3 96 -8- SECTION FOUR: STUDENT ENROLLMENT TRENDS AND PROJECTIONS Generally, enrollment projections using historical calculations are most accurate for the initial years of the forecast period. Moving further into the future, more assumptions about economic conditions, land use, and demographic trends in the area affect the projection. Monitoring birth rates in the County and population growth for the area are essential yearly activities in the ongoing management of the CFP. In the event that enrollment growth slows, plans for new facilities can be delayed. It is much more difficult, however, to initiate new projects or expedite projects in the event enrollment growth exceeds the projections. With the assistance of a professional demographer, the District has developed its own methodology for forecasting future enrollments. This methodology, a modified cohort survival method, considers a variety of factors to evaluate the potential student population growth for the years2017 through 2022.These factors include: projected births, projected growth in the K-12 population, and a model which considers growth in population and housing within the District's boundaries. The methodology also considers the potential impacts on enrollment due to the recent opening of a charter school within the District's boundaries. Certain assumptions are made regarding the continued enrolment at the charter school. Therefore, the methodology and the resulting projections should be considered conservative. District enrollment has increased in recent years, including a7.2o/o increase since 2009. Using the modified cohort survivalprojections, atotalenrollment of 20,236 students is expected in2022.In other words, the District projects an increase of 5.4o/o in student enrollment (or 1,037 students) between 2016 and 2022. See Appendix B (Enrollment projections from Les Kendrick, January zvr t.) Table 6 Proj ected S t udent E n ro llme nl 2017-2022 Projection 2016* 2017 2018 2019 2020 202 I 2022 Actual Chønge Percent Chønge 19,199 t9,344 19,390 19,5L2 19,653 19,918 20,236 1,037 5.4V" -9- SECTION FIVE: CAPITAL FACILITIES PROJECTIONS FOR FUTURE NEEDS Projected future capacity needs, shown in Tables 7-A throughT-C, are derived by applying the projected number of students to the projected permanent capacity. It is not the District's policy to include relocatable classrooms when determining future capital facility needs; therefore, interim capacity provided by relocatable classrooms is not included in this analysis. The District will utilize relocatables as necessary to address interim capacity needs. Information on relocatable classrooms by grade level and interim capacity can be found in Table 5. Information on planned construction projects can be found in the Financing Plan, Table 8. Recent state-level policy decisions impact the District's capacity analysis. Engrossed Senate House Bill226l, adopted in2009, requires school districts to implement full-day kindergarten by 2018. SHB 2776, passed in 2010, requires school districts to reduce K-3 class sizes to 17 students per teacher. Finally, in November 2015, the voters passed Initiative 1351, which requires reduced class sizes across all grades (K-12). The District has proactively implemented full day kindergarten, which reduced the number of available regular classrooms in elementary schools districtwide. Table 7 assumes that K-3 class size reduction is implemented by 2019 and that grade levels are reconfigured to K-5, 6-8, and 9-12 in2020. All scenarios include the capacity related projects the District is planning during the six-year planning period. Future updates to this Plan will incorporate any funded implementation of Initiative 1351. -10- Table 7 Projected Student Capacity -2017 through2022 School Level - **Does not include portable capacity ^lmplementation of reduced K-3 class size and adjusted Standard of Service ^^Movement of 6th grade to middle school level and adjusted Standard of Service 'Addition of new classrooms at existing elementary schools 'New Des Moines Elementary School opens at the Zenith site with added capacity Middle School Level -- *October 20 l6 enrollment **Does not include portable capacity MMovement of 6'hgrade to middle school level and adjusted Standard of Service 'New middle school capacity added School Level -- )t October 20 l6 enrollment **Does not include portable capacity. "Highline High School re-opens with adjusted capaciry 2016*2017 2018 2019^2020^^2021 2022 10,231 10,231 10,231 9,034 9,264 9,576 9,576Existing Permanent Capacity Added Permanent Capacity 0 0 0 230',312"0 0 Total Permanent Capacity**10,231 10,231 10,231 9,264 9,576 9,576 9,576 10,671 10,801 10,983 I l,l 19 9,476 9,562 9,626Enrollment Surplus (Deficiency)** Permanent Capacity (440)(s70)(7s2)( 1,855)100 14 (s0) 2016t 2017 2018 2019 2020^^2021 2022 3,451 3,451 3,451 4,401 4,401 4,401Existing Permanent Capacity 3,451 Added Permanent Capacity 0 0 0 950', 0 0 0 3,451 3,451 3,451 4,401 4,401 4,401 4,401Total Permanent Capacity** Enrollment 2,517 2,584 2,711 2,792 4,581 4,596 4,484 (83)Surplus (Deficiency)** Permanent Capacity 934 867 740 1,609 (180)(les) 2017 2018 2019 2020 2021 20222016" 7,264 7,264 7,264 7,264 7,264 6,524"6,524Exi sting Permanent C apacity 0Added Permanent Capacity 0 0 0 0 0 0 Total Permanent Capacity**'7,264 7,264 7,264 7,264 7,264 6,524 6,524 6,126Enrollment6,01 1 5,959 5,696 5,601 5,596 5,759 398Surplus (Deficiency)** Permanent Capacity 1,253 1,305 1,568 1,663 1,668 765 -l I - SECTION SIX: FINANCING PLAN Planned Improvements The Finance Plan focuses on capacity related projects needed to accommodate recent and projected growth in the District. Based upon the scenario presented in Table 3, the District will need to add permanent classroom capacity at both the elementary school and middle school grade levels. Pursuant to the Board's approval of the Capital Facilities Advisory Committee's final recommendations and the voters' approval of the 2016 bond, the District will: (1) add space to the new Des Moines Elementary School (replacement school atthe Zenith site); (2) construct new elementary school classrooms at various sites, and (3) construct a new middle school. All new schools will be located on land currently owned by the District. In addition, new relocatable classrooms (portables) may need to be added at individual elementary schools and middle schools to accommodate future enrollment or to provide interim classrooms until permanent classroom capacity is built. The District has identified "non-capacity" capital needs at existing schools including the replacement of Highline High School and safety/security improvements at various schools. F inan c i ng for P løn n ed Imp rove me nts Funding for planned improvements is typically secured from a number of sources including voter- approved bonds, State match funds, and impact fees. General Obligøtion Bonds: Bonds are typically used to fund construction of new schools and other capital improvement projects, and require a60Yo voter approval. The District's voters in November 2016 approved by 66.99% a $299.85 million school construction bond to fund the projects identified in this Plan. State School Construction Assistance Program Funds: State School Construction Assistance Program ("SCAP") Funds come from the Common School Construction Fund, which is composed of revenues accruing predominantly from the sale of renewable resources (i.e., timber) from State school lands set aside by the Enabling Act of 1889. If these sources are insufficient to meet needs, the Legislature can appropriate funds or the State Board of Education can establish a moratorium on certain projects. School districts may qualifu for State School Construction Assistance Funds for specific capital projects based on a prioritization system. The District received funding in the amount of $6.27 million from Senate Bill 6080 to address a portion of the classrooms needed for implementation of reduced K-3 class sizes. -t2- Impact Fees: Impact fees are a means of supplementing traditional funding sources for construction of public facilities needed to accommodate new development. See Section 7 School Impact Fees. The District alscl receives some funding toward school construction from the Port of Seattle/Federal Aviation Administration. This funding applies to the Des Moines Elementary Replacement and Addition project. The Six-Year Financing Plan shown on Table 8 demonstrates how the District intends to fund new construction and improvements to school facilities for the years 2017-2022. The financing components include bonds, SCAP ftrnds, Port/FAA funds, and impact fees. The Financing Plan separates projects and portions of projects which add capacity from those which do not, since the latter are generally not appropriate for impact fee funding. Tsble I Capìtøl Facílílíes Fìnancing Plan Improvements Adding Permanenf Capacity Costs (in Millions)** **All projects are growth-related. ***Construction costs used in impâct fee formula are adjusted to recognize Port/FAA funding, Project 2017 20lE 2019 2tJ20 2021 2022 Total Cost Bonds/ Local Funds State Funds Impâct Fees PorlFAA Elementary Schools Des Moines Elementary Replacement and Addition 30.000 25 325 $55.323 X X X X Elementary School Classrooms - various sites 300 5.00 $8.000 X SB 6080 Funds X lVliddle Schools New Middle School (950 capaciw) 14.000 39 650 30.126 $83.776 X X X X X X Portables Portables at Vanous Sltes .200 .200 200 X X High Schools Land Purchase (elementary site for future qrowth) ];20.000 X X - 13- SECTION SEWN: SCHOOL IMPACT FEES The GMA authorizes jurisdictions to collect impact fees to supplement funding of additional public facilities needed to accommodate new development. Impact fees cannot be used for the operation, maintenance, repair, alteration, or replacement of existing capital facilities used to meet existing service demands. Impact fees in Appendix C have been calculated utilizing the formula in the King County Code. The resulting figures are based on the District's cost per dwelling unit to purchase land for school sites, make site improvements, construct schools, and purchase/install relocatable classrooms (portables). As required under the GMA, credits have also been applied in the formula to account for State Match Funds to be reimbursed to the District and projected future property taxes to be paid by the dwelling unit. The District's cost per dwelling unit is derived by multiplying the cost per student by the applicable student generation rate per dwelling unit. The student generation rate is the average number of students generated by each housing type; in this case, single family dwellings and multi-family dwellings. Multi-family dwellings were broken out into one-bedroom and two-plus bedroom units. The District has developed its own student generation rute data based on actual permit data from local jurisdictions. ^See Appendix D. Using the variables and formula described, and applying the 50% discount rate required by the King County School Impact Fee Ordinance, impact fees proposed as a part of this CFP, are summarized in Table 9 below. See also Appendix C. King County and the City of Kent currently have adopted school impact fee ordinances and collect school impact fees on behalf of the District. The District is requesting that the other cities that it serves consider adoption of a school impact fee ordinance. Tøble 9 School Impacl Fees 2017 HousÍng Type Impøct Fee Per Dwelling Unit Single Family $2,290 Multi-Family $3, I 62 -14- APPFNNTV A DISTRICT MAP A-l Ê -(Þ. ll!FJ!FJt$ç J¿{,1 qr¡"¡i.-:e¡,q4¡¡ gffVICEÂRÊ-Å HAP ¿0't&ttrT ç***-Ë*¡- g-ËnElmHYsclïxrL s¡ãt¡GEttrr tor.üDülesal¡I'lmffit ¡Ð -h-b ¡þs-È.*!ì{ ¡Ðm$ Ëræ.wt ¡ldffiai* ffiæa truñff rÐ{+.-b¡'rı.æ- -b*É*-lhÐlai4¡{à¡D É--¡rr-ht¡ ¡d-ûdr.x¡ñr h-údFGñ¡-5Þ*¡--rh¡¡..*Ft+Hìtt- |*_E¡¡-sh-ahdhh-ã 4 &!ÈrÉ. "ã|*** tffitmrm*,'s' î{b-#.3 siËFå* :ËtrF pl.lffi#,*'j-*' i#tîJ ñgEÉN ::r-ffq tir.i.\þiF 3lw!F* ù{@{m ¡sk{d*È .gãlH&ffi !'l ?.ff'Þq lrum ''eÉ r'.+.* t*.*4k Þ.*..{*ñffiffit*ûhsn{l gFtEft.¡E I I A-2 W*rü-ilkÞh|*ñ*al@¡n {.|ftffi F @ HIGHLII{E ldllrE I¡ÍùÊllr,.nt a e! JÈ Þî¡ irJÞl 8EÊì/ICE AREA iIÂP æ'r&1s1¡ ËEHffiE*-* t5ttmÂilÉ¡ùtllûôL IEFìICErñ¡Alouilq F;ålffiTruI ter !Þs¡q âÈ.Þ*ra.* ||.:!!¡5*t NL'r** M h*raê* rt*,$kllv sffi¡r.* ffiffi1 aÈffit sËùbbF .¡-uóa# ¡ÐrM¡Dnù-t Éúarxr¡¡rs,tbú.e rdÈffiÕ¡Ë*¿q*,¡*hå¡*-{r{ù---ñtt-15._*-l*Ë'!ñÙ. -r-*.þ!ffkmh*hb* --aútàh-r-É*u - ffirçffi aÉffi- onmffi mr{ümt lHwr¡ ffimÛwñ ÉÍt{,ñ uffi.ffi '@ÐIar@+wæ .\*d*q'*r' \?fr.._;¡d::¡s. tilÉ.bk.b¿!k ¡ I + I L t \ * A-3 ffiü-|ffi'*lmry¡Flal¡,¡üt'Ë. APPENDIX B POPULATION AND ENROLLMENT DATA B-l Highline Enrollment Proþction ñrttË ItrStfff, l{Érdæj6 ãn4 206 2006 ffi' äm fr)g 201i9 2011 7¿874 ZW 24,24 24,ffi 25,1S 25,Ë7 24,51,{ 24,630 5.79% 6.24% 5.9616 6.20i6 6"7m 6.4$96 6.34ib 6.15% Medium Range Faecast(tïiûr Chailer Schmb Cmtinuing| hçcbdtltrs 2012 2013 æ14 2015 206 øJ17 2018 2{¡19 2{¡20 M1 ä& 24910 ã,348 6,487 ö,456 ä,519 6,5S ä,679 6,7S ã,911 6¿61t 6.399t 6.3ffÅ 6.33% 6.33% 6.3316 6.3316 6.33% C3$6 6.3S1 Tobl 19,341 19,390 19,512 19,6â3 19,918 ãJ,236 20,,131 n,ffi n,ln n,æl 16S 1549 1S7 1€ß 16æ 1æ8 lm 1ffi $æ 1æ7 16-Í3 lâtf 1543 1561 16@ 16ts 1ü1 1æ4 1æ. 1æ5 1516 1526 1S 1591 16æ 1612 1610 1614 1618 1621 1481 16æ 16û8 rs{n 156 1565 15t6 1584 1587 15&5 Nll ã110 2019 2CIæ 20n M. 2023 202{ NE æ26 15ü 1592 1611 1613 1611 1615 1ü] 16ä 1æ 1€40 15ff 15fl 1585 16ß 166 1m4 ffi7 1612 1618 1ü5 1418 1475 16't6 15S 149 't4S r5S 1540 1S8 15fl 1337 136 1417 15ü 1åS 1431 1441 1479 14& 149: 1247 1348 1375 1430 1ffi 15É1 1¡148 1456 1493 1494 1373 1341 1443 1479 15æ 16ff/ 1668 1558 1565 1606 1325 12il 1n 1312 1351 1,t05 1541 1524 1ff3 1$01 14s 136"f 1286 1%1 13ü 13É2 1¡t48 1588 15t0 1466 'tæ6 1733 1652 1566 1519 1W 1æt 17S 19æ 190t t( 1 2 3 1 $ ô 7 t 0 t0 t1 t2 m9 æ10 2011 Æ12 ð13 2014 2t1l 2016 1æ4 14fl 1445 1543 1æ4 1618 1553 1515 1337 1392 1456 '1475 1564 1723 1t{3 1515 1363 13ü 1374 1430 1491 1594 1683 ßn 1346 14æ 1S2 1368 1429 14S 158û 1676 1354 13S 1æ3 1p3 1385 14S 1490 1540 1n2 1387 l3ß 1408 1319 l$r 13Ë9 1440 1814 183¿ 1589 1585 1m5 1643 1604 1459 1414 1464 14S 1424 1456 r5t0 1510 Mn 1353 1271 Uf2 fi42 14S 1¿146 1356 1533 1ffl f491 1450 1586 15{F 1517 136q 1599 K 1 2 3 4 5 6 7 8 o 10 11 12 Et3 13't2 1S1 1316 14Ð 1S7 12Ê2 1363 1238 1218 1253 1317 1241 1369 1m ü34 1É2 1m 1m 1ß7 1319 W0 137t 1283 Tdal 17,911 f8,l0t 18,226 18,¡184 18,897 19,322 19,05t 1$,l9g 'FJS Erro,,rÊr¡f 0oes ilof ûrlu* 0pen Ðærs Leanmg Cøfe Shdørts or Caeer f¡'* Sr.*rfs ,tñtüÊN14F¡rdiltßrt 1S 1S 1t5 258 413 4?5 -204 14r t.1% 1.1$ 0.m 1.4% Lm 22% -1.4:Ë 0.7tr 2m 1ffi 11,1't9 1't,074 11,051 2,7V. 2,S 3,104 S,ffi 5,S 5,7S 138 -S {t7'ló { 11ô fi,1?5 11,1ß t1W 1'r¿67 'il¿S 318 194 158 1ô1ô 1{X6 08S 14$ 41 12. 1{ 08T 02% û6S 07S 2,883 ¿m4 6,S 6,428 K-$ 10,801 {,98 7-t 2,5t1 2,7'n $12 5,W S,ffi K-6 $,279 S,5S1 g,ru S,ffi3 10.3U 1t,567 i0,580 10,671 7-8 2,4S 2,445 2,1t3 2,584 2560 2,6CI9 2,648 2,517 s12 6,142 6,W 6,0't9 6,037 6.m5 6,116 qæ0 6,011 2,973 2,98r 6,187 6,4{Þ 2,985 6,126 APPENNTYC SCHOOL IMPACT FEE CALCAL.ATIONS c-1 {|GI{LINE SCI{001 DISTRICT No. 401 MPACÎ FEE CALCULATION tn4tzan. DRAFT Student Student ìchool Site Acquisilion Cost:Facility Cost/Facilitv Factor Faclor Cosl/SFR Cost/MFR CapacitvScopeAcreaoeAcre SFR MFR $0 $0-lemenlarv Schools s0 0 0.1518 0.0930 Vliddle Schools 0.0262 0 0465 $0 $0 0.0654 0.0698 $0 $0Jigh Schools )TALS $0 $0 I II Sludent Studènt Facilitv Facilifu Factor Factor CostlSFR CoSUMFRichool Gonstruct¡on Cosl: % Perm Fac. Cost SFR MFR 1 site 97 36%4S 05û 717 0 1518 0.0930 1 $2.249 $3.992Vliddle Schools I site 97 36%$s3.300 950 0 0262 0 0465 $0{ioh Schools 0.0654 0.0698 $0 ÍOTALS $10,186 r-II IIIIIIM student student fEmnorarv Facilities Cost:Facility Facility Factor Factor CoSUSFR CO5UMFR Scooe % Perm Fac. Cost Capacitl SFR MFR llemenlary Schools 2.MYo 0 0 0.1518 0.0930 $0 $0 284 0 0 0 0262 B 0465 $0 $0Middle Schools 0 0 0.0654 0.0698 $0 $0liuh Schools State ilatch Credit Calculation:Const. Cost 3FJ State Factor Factor CosI/SFR CosI/MFR Scope Allocation/SF Student [4atch SFR MFR lementarv Schools 213 23 90 0 54ô2 0 1518 0 0930 $1,591 $1,792 Vliddle Schools 213.23 108 0 0.0262 0.0465 $0 lioh Schools 0 0 û 0.0ô54 0.0698 $0 $0 $.59'tTOTALS m fil Pâvment Credlt: vemse Assessed Value 09,311 ;aoital Bond lnlerest Rate 3.95% 3.95% 2.655.803 888.886\et Presenl Value 0f Avera0e Dwelling feans Amortized 10 10 rroperty Tax Levy Rate .330 2.330 aìment Crèdlt --III-IIII I-III II TI Ir CoSUSFR CoSUMFRFee Summarv School Site Acquisition Cost s0 $0 $12,360 ¡10.186School Construction Cosl emporery Facilities Cost $0 $0 State Matchins ôredit Calculation $1.591 $1,792 Payment $UBlOlAL 50% Locà¡ Share CALCULATED IMPACT FEE $2,290 $2,290 $3,162Zt¡lT IMFACT FEE. DRAFT ffiI IffirrffirìEruIilE c-2 APPFNT'TV T' STUDENT GENERATION RATE DATA D-1 Highline School District Student Generation Rates In2017, the District developed student generation rates based upon new residential development occurring within the District's boundaries within the preceding five year period. The District compared student enrollment addresses to the addresses on permits for new dwelling units. Future updates to the Capital Facilities Plan will include updated information. Single Family Occupancy Permits for the last 5 years :382 Elementary School Students occupying Single Family Residences: 58 Elementary Students Single Family Student Generation Rate: .1518 Single Family Occupancy Permits for the last 5 years :382 Junior High School Students occupying Single Family Residences: l0 Junior High School Students Single Family Student Generation Flate: .0262 Single Family Occupancy Permits for the last 5 years :382 High School Students occupying Single Family Residences :25 High School Students Single Family Student Generation Rate: .0654 Multi-Family Occupancy Permits for the last 5 years : 43 Elementary School Students occupying Multi-Family Residences : 4 Elementary Students Multi-Family Student Generation Rate : .0930 Multi-Family Occupancy Permits for the last 5 years :43 Junior High School Students occupying Multi-Family Residences :2 Junior High School Students Multi-Family Student Generation Rate :.0465 Multi-Family Occupancy Permits for the last 5 years :43 High School Students occupying Multi-Family Residences = 3 High School Students Multi-Family Student Generation Rate: .0698 D-2 DETERMINATION OF NONSIGNIFICANCE Issued with a 14-day comment 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 Capital Facilities Plan 2017-2023 by the Auburn School District No. 408 for the purposes of planning for the facilities needs of the District; 2. The amendment of the Comprehensive Plans of King County and the cities of Auburn and Kent to include the Auburn School District's Capital Facilities Plan 2017-2023 as part of the Capital Facilities Element of each jurisdiction’s Comprehensive Plan; and 3. The potential amendment of the Comprehensive Plans of the cities of Algona, Black Diamond, and Pacific to include the Auburn School District's Capital Facilities Plan 2017- 2023 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 62 square miles. Portions of unincorporated King County and County and the cities of Algona, Auburn, Black Diamond, Kent, and Pacific 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 4:30 p.m. on June 26, 2017. 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: Dr. Alan Spicciati Superintendent Auburn School District No. 408 Telephone: (253) 931-4900 Address: Auburn School District 915 4th Street NE Auburn, WA 98002 Questions may be directed and comments may be submitted by 4:30 p.m., June 26, 2017, to: Bob Kenworthy, Assistant Director, Capital Projects, Auburn School District No. 408, 915 4th Street NE, Auburn, WA 98002. Date of Issue: June 9, 2017 Date Published: June 9, 2017 - Auburn Reporter SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use “not applicable” or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. 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. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: [help] For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not contribute meaningfully to the analysis of the proposal. A. Background [help] 1. Name of proposed project, if applicable: [help] The adoption of the Auburn School District's 2017 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 Plan. The cities of Algona, Auburn, Black Diamond, Kent, and Pacific may also incorporate the District's Capital Facilities Plan into their respective Comprehensive Plans. A copy of the District's draft Capital SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 1 of 21 Facilities Plan is available for review in the District's offices. 2. Name of applicant: [help] Auburn School District No. 408. 3. Address and phone number of applicant and contact person: [help] 915 4th Street NE Auburn, WA 98002 Bob Kenworthy, Assistant Director, Capital Projects (253) 931-4826 4. Date checklist prepared: [help] June 6, 2017 5. Agency requesting checklist: [help] Auburn School District No. 408 6. Proposed timing or schedule (including phasing, if applicable): [help] The Capital Facilities Plan is scheduled to be adopted by the District’s Board of Directors on or about June 26, 2017. After adoption, the District will forward the Capital Facilities Plan to King County and the cities of Algona, Auburn, Black Diamond, Kent, and Pacific for inclusion in each jurisdiction’s Comprehensive Plan. 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. [help] The Capital Facilities Plan identifies the capital improvement projects that the District plans to implement over the next six years. The District plans to replace five elementary schools and one middle school, construct two new elementary schools, and acquire future school sites within the six-year planning period. The District will also add portable facilities at various school locations throughout the District. In addition, the District plans improvements at the Support Services Center, Transportation Center, replacement of or improvements to the roof at Auburn Memorial Stadium, boiler replacement at Auburn Mountainview High School, and replacement of the energy management system at Auburn Riverside High School. All planned projects have been or will be subject to project-level environmental review when appropriate. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 2 of 21 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. [help] None known. 10. List any government approvals or permits that will be needed for your proposal, if known. [help] King County will review the Capital Facilities Plan for the purposes of updating the County’s school impact fee ordinance and incorporating the CFP by reference as a part of the Capital Facilities Element of the King County Comprehensive Plan. The cities of Algona, Auburn, Black Diamond, Kent, and Pacific may also review and take action to adopt the Capital Facilities Plan reference as a part of the Capital Facilities Element of each jurisdiction’s Comprehensive plan and update their respective school impact fee ordinances. 11. Give 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.) [help] This is a nonproject action. This proposal involves the adoption of the Auburn School District's 2017 Capital Facilities Plan for the purpose of planning the District's facilities needs. The District anticipates King County and the cities of Algona, Auburn, Black Diamond, Kent, and Pacific will adopt the Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction’s Comprehensive Plan. The projects included in the Capital Facilities Plan have been or 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. [help] The Capital Facilities Plan will affect the Auburn School District. The District includes an area of approximately 62 square miles. A portion of King County is served by the District. The cities of Algona, Auburn, Black Diamond, Kent, and Pacific are also served by the District. A detailed map of the District's boundaries can be viewed at the District's offices. B. ENVIRONMENTAL ELEMENTS [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 3 of 21 1. Earth [help] a. General description of the site: [help] (circle one): Flat, rolling, hilly, steep slopes, mountainous, other _____________ The Auburn 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)? [help] 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 agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. [help] 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. [help] 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, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. [help] 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. [help] 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. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 4 of 21 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? [help] 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: [help] 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 [help] a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. [help] 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. [help] 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: [help] 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 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 [help] a. Surface Water: 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. [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 5 of 21 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. [help] 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. [help] 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. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. [help] 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. [help] 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. [help] 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 Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 6 of 21 withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. [help] 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. [help] 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 stormwater): 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. [help] 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. [help] 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. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. [help] Individual projects included in the Capital Facilities Plan may alter or otherwise affect drainage patterns. The impact of the individual projects included in the Capital Facilities Plan on drainage patterns 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. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 7 of 21 pattern impacts, if any: [help] 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. 4. Plants [help] a. Check the types of vegetation found on the site: [help] ____deciduous tree: alder, maple, aspen, other ____evergreen tree: fir, cedar, pine, other ____shrubs ____grass ____pasture ____crop or grain ____ Orchards, vineyards or other permanent crops. ____ 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? [help] 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 and endangered species known to be on or near the site. [help] 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 plants, or other measures to preserve or enhance vegetation on the site, if any: [help] 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. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 8 of 21 e. List all noxious weeds and invasive species known to be on or near the site. [help] Inventories of noxious weeks and invasive species located on or near sites of the projects proposed in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 5. Animals [help] a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. [help] Examples include: 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 and endangered species known to be on or near the site. [help] 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. [help] 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: [help] Appropriate measures to preserve or enhance wildlife have been or will be determined during project-level environmental review when appropriate. e. List any invasive animal species known to be on or near the site. [help] Inventories of invasive animal species located on or near sites of the projects proposed in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 6. Energy and Natural Resources [help] 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. [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 9 of 21 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. [help] 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: [help] 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 [help] 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. [help] Please see the Supplemental Sheet for Nonproject Actions. 1) Describe any known or possible contamination at the site from present or past uses. [help] Known or possible contamination on sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. [help] Hazardous chemicals/conditions that might affect the project development and design on sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 10 of 21 Toxic or hazardous chemicals that might be stored, used, or produced during the development, construction, or operation of any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. 4) Describe special emergency services that might be required. [help] Please see the Supplemental Sheet for Nonproject Actions. 5) Proposed measures to reduce or control environmental health hazards, if any: [help] 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. b. Noise [help] 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? [help] 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)? Indi- cate what hours noise would come from the site. [help] The projects included in the Capital Facilities Plan may create normal construction noises that will exist on a short-term basis 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, there may be 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 increases is expected to be significant. The specific noise sources and levels that may result from the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 3) Proposed measures to reduce or control noise impacts, if any: [help] 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 [help] a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 11 of 21 There are a variety of land uses in the Auburn School District, including residential, commercial, industrial, institutional, utility, open space, recreational, etc. Impacts of projects included in the Capital Facilities Plan on land uses on nearby or adjacent properties have been or will be identified and described during project-level environmental review when appropriate. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? [help] Identification of the use of sites intended for any projects included in the Capital Facilities Plan as working farmlands or working forest land has been or will be identified and described during project-level environmental review when appropriate. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: [help] Any projects included in the Capital Facilities Plan have been or will be analyzed during project-level environmental review when appropriate to determine if the proposal will affect or be affected by surrounding working farm or forest lands. c. Describe any structures on the site. [help] Any 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? [help] Any 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? [help] 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. All sites anticipated for school construction are zoned for such use. f. What is the current comprehensive plan designation of the site? [help] 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. All sites anticipated for school construction are designated for such use. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 12 of 21 g. If applicable, what is the current shoreline master program designation of the site? [help] 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. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. [help] Any critical 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? [help] The Auburn School District currently serves approximately 15,945 students. Enrollment is expected to increase to approximately 19,007 students by the 2022-2023 school year. The District employs approximately 1,678 people. j. Approximately how many people would the completed project displace? [help] 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: [help] 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. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: [help] 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. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: [help] The compatibility of the specific projects included in the Capital Facilities Plan with nearby agricultural and forest lands of long-term commercial significance has been or will be identified and described during project-level environmental review when appropriate. 9. Housing [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 13 of 21 a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. [help] 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. [help] 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: [help] 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 [help] a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? [help] 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? [help] 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: [help] 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. 11. Light and Glare [help] a. What type of light or glare will the proposal produce? What time of day would it mainly occur? [help] 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? [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 14 of 21 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? [help] 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: [help] Proposed measures to mitigate light and glare impacts have been or will be addressed during project-level environmental review when appropriate. 12. Recreation [help] a. What designated and informal recreational opportunities are in the immediate vicinity? [help] 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. [help] 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. 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: [help] 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 [help] a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. [help] Any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or proposed eligible for listing in national, state, or local preservation registers on or near sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 15 of 21 b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. [help] Any landmarks, features, or other evidence of Indian or historic use or occupation, or material evidence, artifacts, or areas of cultural importance, on or near sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. [help] Any relevant methods utilized at sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. [help] Any needed relevant measures proposed to avoid, minimize, or compensate for loss, changes to, and disturbance to resources, including necessary plans and permits, for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. 14. Transportation [help] a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. [help] 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. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? [help] 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 additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? [help] SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 16 of 21 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 or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). [help] 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 or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. [help] 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 or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? [help] 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. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. [help] The potential impact of any project proposed in the Capital Facilities Plan on the movement of agricultural or forest products on roads and streets has been or will be addressed during project-level environmental review when appropriate. h. Proposed measures to reduce or control transportation impacts, if any: [help] 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. 15. Public Services [help] a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. [help] 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. [help] New school facilities have been or will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. The mitigation of impacts to public services associated SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 17 of 21 with the projects included in the Capital Facilities Plan has been or will be addressed during project- level environmental review when appropriate. 16. Utilities [help] a. Circle utilities currently available at the site: [help] 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 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. [help] Utility revisions and construction needs have been or will be identified during project-level environmental review when appropriate. C. Signature [help] 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: ___________________________________________________ Name of signee __________________________________________________ Position and Agency/Organization ____________________________________ Date Submitted: _____________ SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 18 of 21 D. supplemental sheet for nonproject actions [help] (IT IS NOT NECESSARY to 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; pro- duction, 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, some of these environmental impacts may 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, with the possible exception of noise production due to short-term construction activities or the presences of additional students on a site. Construction impacts related to noise and air would be short term and are not anticipated to be significant. 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 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 sites and a loss to animal habitat. These impacts have been or 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. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 19 of 21 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. Specific review will be conducted, however, during project- level environmental review. 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-level environmental review when appropriate. Updates of this Plan will be coordinated with King County and the cities of Algona, Auburn, Black Diamond, Kent, and Pacific as part of the Growth Management Act process, one of the purposes of which is to protect critical 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. Future projects would comply with permitting regulations regarding environmentally sensitive areas. 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 affect land and shoreline uses in the area served by the District in any manner not currently permitted or designated for the intended use. Proposed measures to avoid or reduce shoreline and land use impacts are: SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 20 of 21 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. The Washington Growth Management Act (the GMA) outlines 13 broad goals, including adequate provision of necessary public facilities and services. Schools are among these necessary facilities and services. The Capital Facilities Plan satisfies the requirements of RCW 36.70A.070, and to identify additional school facilities necessary to meet the educational needs of the growing student populations anticipated in the District. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 21 of 21 k FEDERAL WAY PUBLIC SCHOOLS Business Services May L2,2017 Charlene Anderson, AICP Planning Manager City of Kent Planning Department 220 4th Ave S Kent WA 98032-5895 Dear Ms. Anderson, Enclosed you will find a copy of the Environmental Checklist and the accompanying Determination of Non- Significance for the Federal Way School District's 20L8 Capital Facilities Plan. The 14-day comment period to submit written comments or to appeal the decision begins on May 72,2OL7 and willcontinue through 4:30 PM, May 26,2017. Please let me know if you have any questions or need any additional information. Since Tan ascimento Enrollment and Demographic Analyst Bqmcrurytrm l4AY 1 6 2OT7 **frHffiffimh*, Each Scholar: A Voice, A Dream, A BRIGHT Future, 33330 8'h Avenue South, Federal Way, WA 98003 | p.253.945.2043 lf .253.941.04421 www.fwps.org 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 action: The adoption of the Federal Way Public Schools' 2018 Capital Facilities Plan by the Federal Way Public Schools for the purposes of planning for the facilities needs of the District. The amendment of the King County Comprehensive Plan by King County to include the Federal Way Public Schools' 2018 Capital Facilities Plan as part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 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'2018 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. Proponent: Federal Way Public Schools Location ofproposal, including street address, ifany 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 it does not have a probable significant adverse impact on the environment, An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2Xc). 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 Determination of Nonsignificance (DNS) is issued under WAC 197-ll-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 p.m., May 26,2017 . The responsible official will reconsider the DNS based on timely comments and may retain, modi$r, 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 2 J Telephone Address: Ms. Tanya Nascimento Enrollment and Demographics Federal Way Public Schools (2s3) 94s-2071 33330 8th Avenue South Federal wA 98 Date 5 L Signature You may appeal this determination in writing by 4:30 p.m., May 26,2017 to Tanya Nascimento, Federal Way Public Schools, 33330 8th Avenue South, Federal Way, WA 98003. Date of Issue: May 12,2017 Date Published: May 12,2017 SEPA ENVIRoNMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. I nstructi o ns for a ppl i ca nts:. This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You mav use "not applicable" or "does not applv" onlv when vou can explain whv it does not applv and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. 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. lnstructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination, Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklistfor nonproject proposals; [helpl For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the supplruerurnl sHrer ron ruorupRo¡rcr Rclorus (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements -that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist (WAC 197-11-960)May 2014 Page I of20 A. Background helpt 1. Name of proposed project, if applicable: lhelpl The adoption of a Federal Way Public Schools' 2018 Capital Facilities Plan by the Federal Way Public Schools 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 2018 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 2018 Capital Facilities Plan. 2. Name of applicant: lhelpl Federal Way School District No. 210 3. Address and phone number of applicant and contact person: [helol FederalWay School District No. 210 33330 8th Avenue South Federal Way WA 98003 (253) 945-2000 Contact Person Ms. Tanya Nascimento Enrollment and Demographics (253) 945-2071Telephone 4. Date checklist prepared: lhelpl May 12,2017 5. Agency requesting checklist: lhelpl Federal Way School District No. 210 6. Proposed timing or schedule (including phasing, if applicable): thelp'l The Federal Way Public Schools' 2018 Capital Facilities Plan is scheduled to be adopted by the District in June 2017. 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 the City's Comprehensive Plan. lt will also be fonruarded 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? lf yes, explain. lhelpl 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. Current plans are for all the projects to be complete by 2018. SEPA Environmental checklist (WAC 197-1 1-960)May 2014 Page 2 of 20 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. thelpl 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? lf yes, explain. thelpl This is a nonproject action. See Supplemental Sheet for Nonproject Actions. 10. List any government approvals or permits that will be needed for your proposal, if known. thelpì 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 the City's 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). 1 1. Give 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.) thelpl This is a non-project action. This proposal involves the adoption of the Federal Way Public Schools' 2018 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. lt 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 projecGspecific environmental review. 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. lf 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. thelpl 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. SEPA Environmental checklist (WAC 197-11-960)May 2014 Page 3 of 20 B. eruvnoNMENTAL ELEMENTS therpl 1. Earth lhelpl a. General description of the site: lhelpl (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)? Ihelpl 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)? lf you know the classification of agricultural soils, specify them and note any agricultural land of long{erm commercial significance and whether the proposal results in removing any of these soils. Ihelpl 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. Project-level environmental review for any projects identified in the Capital Facilities Plan will include identification of any agricultural soils and associated impacts. d. Are there surface indications or history of unstable soils in the immediate vicinity? lf so, describe. lhelp] 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. Desoibe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. lndicate source of fill. Ihelpl lndividual 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? lf so, generally describe Ihelpl 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. lndividual projects have been or will be subject to local approval processes. SÊPA Environmental checklist (WAC 197-11-960)May 2O14 Page 4 of 20 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Ihelpl 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: lhelp] The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been orwill be addressed during project-specific environmental review when appropriate. Relevant erosion reduction and control requirements will be met. 2. Air [helpl a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the prolect is completed? lf any, generally describe and give approximate quantities if known. lhelpl 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? lf so, generally describe. Ihelpl 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: Ihelpl 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. 3. Water thelpl a. Surface Water: 1) ls there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? lf yes, describe type and provide names. lf appropriate, state what stream or river it flows into. [helpl There is a network of surface water bodies within the Federal Way School District. The surface water SEPA Environmental checklist (WAC 197-ll-960)May 2O14 Page 5 of 20 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? lf yes, please describe and attach available plans. lhelpl 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 lndicate the source of fill material. [help] lnformation 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. lhelpl 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 1O0-year floodplain? lf so, note location on the site plan Ihelpl 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? lf so, describe the type of waste and anticipated volume of discharge. lhelpl 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 orwill be provided during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? lf so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Willwater be discharged to groundwater? Give general description, purpose, and approximate quantities if known. lhelpl lndividual 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 SEPA Environmental checkl¡st (WAC 197-11-960)May 2014 Page 6 of 20 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. [helpl 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 stormwater): 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? lf so, describe. lhelpl lndividual 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 projeclspecific environmental review when appropriate. Each project is or will be subject to applicable local storm water regulations. 2) Could waste materials enter ground or surface waters? lf so, generally describe. Ihelpl 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 orwill 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. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? lf so, describe. lhelpl lndividual projects included in the Capital Facilities Plan may alter or othenrvise affect drainage patterns in the vicinity of the site. Specific information regarding the drainage pattern impacts of each project has been or will be provided during project-specific environmental review when appropriate. Each prolect is or will be subject to applicable local drainange pattern regulations. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: lhelpl 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 thelpl a. Check the types of vegetation found on the site: lhelpl deciduous tree: alder, maple, aspen, other SEPA Environmental checklist (WAC 197-11-960)May 2014 Page 7 of 2Q evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain orchards, vineyards or other permanent crops. 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. lnventories 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? lhelpl 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 projectspecific environmental review when appropriate. c. List threatened and endangered species known to be on or near the site. lhelpl 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. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: [helpl 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. e. List all noxious weeds and invasive species known to be on or near the site. Ihelpl A variety of vegetative zones are located within the Federal Way School District, lnventories of the noxious weeds and invasive species known to be on or near the sites of the projects proposed in the Capital Facilities Plan have been or will be developed during project-specific environmental review when appropriate. 5. Animals lhelpl a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Ihelpl Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish:bass,salmon,trout,herring,shellfish,other- SEPA Environmental checklist (WAC f 97-11-960)May 2014 Page 8 of 20 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 and endangered species known to be on or near the site. thelpl lnventories 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. ls the site part of a migration route? lf so, explain. lhelpl The impacts of the projects included in the Capital Facilities Plan on migration routes have been or will be addressed during projeclspecific environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any: lhelpl Appropriate measures to preserve or enhance wildlife have been or will be determined during project- specific environ mental review when appropriate. e. List any invasive animal species known to be on or near the site. lhelpl lnventories of any invasive animal 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 projectspecific environmental review when appropriate. 6. Energy and Natural Resources lhelpì 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. thelpl 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? lf so, generally describe. thelpl 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: lhelpl 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. SEPA Environmental checklist (WAC 197-11-960)May 2014 Page 9 of 20 7. Environmental Health lhelpl 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? lf so, describe. [helol Please see the Supplemental Sheet for Nonproject Actions 1) Describe any known or possible contamination at the site from present or past uses Ihelpl The projects included in the Capital Facilities Plan that may have any known or possible contamination at the site from present or past uses have been or will be identified during project- specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. lhelpl The projects included in the Capital Facilities Plan that may contain existing hazardous chemicals/conditions that might affect project development and design have been or will be identified during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. lhelpl Toxic or hazardous chemicals that might be stored, used or produced during the project's development or construction, or at any time during the operating life of the prolect have been or will be identified during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 4) Describe special emergency services that might be required. Ihelpl Please see the Supplemental Sheet for Nonproject Actions 5) Proposed measures to reduce or control environmental health hazards, if any: lhelpl The projects included in the Capital Facilities Plan will comply with all current codes, standards, rules, and regulations. lndividual projects have been or will be subject to project-specific environmental review and local approval at the time they are developed when appropriate. b. Noise lhelpl 1) What types of noise exist in the area which may affect your project (for example traffic, equipment, operation, other)? Ihelpl A variety of noises from traffic, construction, residential, commercial and industrial areas exists within the FederalWay School District. The specific noise sources that may affect the projects included in SEPA Environmental checkl¡st (WAC 197-11-960)May 2014 Page 10 of20 the Capital Facilities Plan have been or will be identified during projeclspecific 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)? lndi- cate what hours noise would come from the site. lhelpl The projects included in the Capital Facilities Plan may create normal construction noises that will exist on a short-term basis only. The construction projects could increase traffic around the construction sites on a short-term basis. Please see the Supplemental Sheet for Nonproject Actions. 3) Proposed measures to reduce or control noise impacts, if any: Ihelpl The projected noise impacts of the prolects 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 lhelpl a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? lf so, describe. [helpl There are a variety of land uses within the Federal Way School District, including residential, commercial, industrial, institutional, utility, open space, recreational, etc. lmpacts on projects included in the Capital Facilities Plan on land uses on nearby or adjacent properties have been or will be identified and described during project-level environmental review when appropriate. b. Has the prolect site been used as working farmlands or working forest lands? lf so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? lf resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? lhelpl The project sites covered under the Capital Facilities Plan have not been used recently as working farmlands or working forest lands. 1) W¡ll the proposal affect or be affected by surrounding working farm .or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? lf so, how: Ihelpl Any areas located on the sites of the projects included in the Plan that may affect or be affected by surrounding working farm or forest land normal business operations have been or will be identified and described during project-specific environmental review when appropriate. c. Describe any structures on the site. Ihelpl SEPA Environmental checklist (WAC 1971l-960)May 2014 Page l1 of20 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. d. Will any structures be demolished? lf so, what? lhelpl The remodeling and renovation projects in the Capital Facilities Plan 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? Ihelpl 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 orwill be identified during project- specific environmental review when appropriate. f. What is the current comprehensive plan designation of the site? lhelpl lnventories 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. lf applicable, what is the current shoreline master program designation of the site? [helpl 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 a critical area by the city or county? lf so, specify lhelpl Any areas located on the sites of the prolects included in the Plan that have been classified as a critical area by the city or county have been or will be identified during project-specific environmental review. i. Approximately how many people would reside or work in the completed pro¡ect? thelpl The Federal Way School District currently serves approximately 22,400 students. The student population is expected to increase to 23,800 by the year 2023. 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? lhelpl 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. k. Proposed measures to avoid or reduce displacement impacts, if any: Ihelpl SEPA Environmental checklist (WAC 1 97-1 I -960)May 2014 Page 12 of 20 lndividual 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. t-. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Ihelpl 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 envi ron mental review when appropriate. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: thelpl The compatibility of the specific projects included in the Capital Facilities Plan with nearby agricultural and forest lands of long-term commercial significance have been or will be assessed as part of the comprehensive planning process and during project-specific environmental review when appropriate. 9. Housing thelpl a. Approximately how many units would be provided , if any? lndicate whether high, mid- dle, or low-income housing. thelpl 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? lndicate whether high, middle, or low-income housing. [helpl 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: [helpl 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 lhelpl a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? lhelpl The aesthetic impacts of the projects included in the Capital Facilities Plan have been orwillbe addressed d u ring project-specific environ mental review when appropriate. b. What views in the immediate vicinity would be altered or obstructed? fhelpì The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed d u ring project-specific environ mental review when appropriate. SEPA Environmental checklist (wAC 197-11-960)May 2O'14 Page 13 of20 b. Proposed measures to reduce or control aesthetic impacts, if any: lhelpl 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 lhelpl a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Ihelpl 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? thelpl 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? lhelpl 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: lhelpl Proposed measures to mitigate light and glare impacts have been or will be addressed during prolect- specific environmental review when appropriate. 12. Recreation lhelpl a. What designated and informal recreational opportunities are in the immediate vicinity? Ihelpl There are a variety of formal and informal recreational facilities within the Federal Way School District b. Would the proposed pro¡ect displace any existing recreational uses? lf so, describe. lhelol The recreational impacts of the projects included in the Capital Facilities Plan have been or will be addressed during projectspecific 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 prolect or applicant, if any: thelpl 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. SEPA Environmental checklist (WAC 197-l l-960)May 2014 Page 14 of 20 13. Historicand cultural preservation lhelpl a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? lf so, specifically describe. Ihelpl 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. Are there any landmarks, features, or other evidence of lndian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. lhelpl 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. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. lhelpl Methods used to assess the potential impacts to cultural and historic resources on or near the sites of the projects included in the Capital Facilities Plan have been or will be developed during project-specific envi ron m e ntal review whe n appropriate. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. lhelp] Appropriate measures have been or will be proposed on a project-specific basis when appropriate 14. Transportation lhelpl a. ldentify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. lhelp] The impact on public streets and highways of the individual projects included in the Capital Facilities Plan has been or will be addressed during projeclspecific environmental review when appropriate. b. ls the site or affected geographic area currently served by public transit? lf so, generally describe. lf not, what is the approximate distance to the nearest transit stop? fhelpl 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 additional parking spaces would the completed prolect or non-project proposal have? How many would the pro.¡ect or proposal eliminate? lhelpl SEPA Environmental checklist (WAC 197-11-960)May 2014 Page l5 of20 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 envi ronmental review when appropriate. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? lf so, generally describe (indicate whether public or private). Ihelpl The need for new streets or roads, or improvements to existing streets and roads has been or will be add ressed d uring project-specific environmental review when appropriate. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? lf so, generally describe. lhelpl 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 or proposal? lf known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? lhelpl 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. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? lf so, generally describe. [helpl Projects included in the Capital Facilities Plan that may interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area has been or will be addressed during project-specific environmental review when appropriate. h. Proposed measures to reduce or control transportation impacts, if any: lhelpl ïhe 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 [helpl a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? lf so, generally describe. lhelpl ïhe 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. thelpl Remodeled/renovated school or facilities will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. SEPA Environmental checklist (WAC 197-11-960)May 2014 Page 16 of20 16. Utilities lhelpl a. Circle utilities currently available at the site: lhelol 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 pro.¡ect sites have been or will be addressed in more detail during project-specific environmental review when appropriate. c. 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. lhelpl Utility revisions and construction needs have been or will be identified during project-specific environmental review when appropriate. C. Signature lhetpl The above answers are true and to the best of my knowledge. I understand that the lead agency is on them to its decision Signature: Name of ento Position and AgencylOrganization Enrollment and Demoqraphics. FederalWav School District No. 210 Date Submitted: Mav 12.2017 SEPA Environmental checklist (WAC 197-11-960)May 2014 Page 17 of 20 D. supplemental sheet for nonproject actions lhetpt (lT lS NOT NEGESSARY to 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 generalterms. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, 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 projectspecific 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. 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? SEPA Environmental checklist (WAC 197-11-960)May 2014 Page 18of20 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. 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 SEPA Environmental checklist (WAC 197-11-960)May 2Q14 Pagel9of20 7. ldentify, 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. SEPA Environmental checklist (WAC 197-i l-960)May 2014 Page 20 of 20 I PUBTtC SCHOOTS Planning and Construction Department G. Scott Hodgins, Executive Director 17810 8th Avenue South, Bldg. A Burien, V/A 98148 Office: 206-631-7500 RECE¡VED June2,2017 .fllll - 6 ml CITYOFKENÏ C¡TY CLERK City Clerk City of Kent 220FourthAve. S 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 Highline School District 2017 Six-Year Capital Facilities Plan. The comment period on the DNS expires at 4:30 p.m. on June 16, 2011. Sincerely, Executive Director, Capital Planning and Construction Enclosures: Determination of Non-Significance SEPA Environmental Checklist, dated }i4ay 26,2017 HIGHLINPANTA A f^ft to muuss þr ae.g,claúøt DETERMINATION OF' NONSIGNIFICANCE Issued with a l4-day comment 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: l. The adoption of the Highline School District's Capital Facilities Plan20l7-2022 by the Highline School District No. 401 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 Burien, Des Moines, Kent, Normandy Park, SeaTaco and Tukwila to include the Highline School District's Capital Facilities Plan2017-2022 aspart of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. Proponent: Highline School District No. 401 Location of the Proposal: The Highline School District includes aîareaof approximately 43.8 square miles. Portions of unincorporated King County and the cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, and Tukwila fall within the District's boundaries. Lead Agency: Highline School District No. 401 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 43.20C.030(2Xc). 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 Ig7-Il-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 p.m. on June 16, 2017. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, .t withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official:Scott Hodgins Executive Director, Capital Planning and Construction Highline School District No. 401 Telephone:(206) 631-7sts Address:Highline School District 15675 Ambaum Blvd. SW Burien, WA 98166 Questions may be directed and comments may be submitted by 4:30 p.m., June 16,2017, to: Scott Hodgins, Executive Director, Capital Planning and Construction, Highline School District No. 401, 15675 Ambaum Blvd. SW, Burien, WA 98166. Date of Issue: Date Published: June2,2017 June 2, 2017 and June 9, 2017 - Seattle Times SEPA ENVI RoNMENTAL cHEcKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. I nstru cti on s fo r ap p I i c ants= This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You mav use "not applicable" or "does not aoolv" onlv wh en vou can exolain whv it does not aoolv and not the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of vour 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. lnstructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUppLEMENTAL sHEET FoR NoNpRoJEcrAcloNS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent", and "affected geographic area", respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements -that do not contribute meaningfully to the analysis of the proposal. A. Background 1. Name of proposed project, if applicable The adoption of the Highline School District's 2017 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 Plan. The cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, andTukwila may also incorporate the District's Capital Facilities Plan into their respective Comprehensive Plans. A copy of the District's draft Capital Facilities Plan is available for review in the District's offices. SEPA Environmental Checkfist WAC 197-1 1-960)May 2O'17 Page 1 of20 2. Name of applicant: Highline School District No. 401 3. Address and phone number of applicant and contact person 17810 8th Avenue South, Building A Burien, WA 98148 G. Scott Hodgins, Executive Director, Capital Planning and Construction (206) 631-7s00 4. Date checklist prepared: May 22,2077 5. Agency requesting checklist: Highline School District No. 401 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 July 26,2017. After adoption, the District will forward the Capital Facilities Plan to King County and the cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, and Tukwila for inclusion in each jurisdiction's Comprehensive Plan. 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? lf 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 add classrooms at existing elementary schools, build one new middle school, and replace the existing Highline High School within the six-year planning period. The District may also add portable facilities at various school locations throughout the District. In addition, the District plans safety and security upgrades at various school locations. 8. List any envíronmental 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? lf yes, explain. SEPA Environmental Checklist (WAC 197-1 1-960)May 2Q17 Page 2 of 20 None known. 10. List any government approvals or permits that wíll be needed for your proposal, if known. King County will review the Capital Facilities Plan for the purposes of updating the County's school impact fee ordinance and incorporating the CFP by reference as a part of the Capital Facilities Element of the King County Comprehensive Plan. The cities of Burien, Des Moines, Kent, Normandy Park; SeaTac, and Tukwila may also review and take action to adopt the Capital Facilities Plan reference as apart of the Capital Facilities Element of each jurisdiction's Comprehensive plan and update their respective school impact fee ordinances. 1 1. Give 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 Capital Facilities Plan for the purpose of planning the District's facilities needs. The District anticipates King County and the cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, and Tukwila will adopt the Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The projects included in the Capital Facilities Plan have been or 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. lf 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 availabfe. 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 arlarea of approximately 43.8 square miles. A portion of King County is served by the District. The cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, and Tukwila are also served by the District. A detailed map of the District's boundaries can be viewed at the District's offices. B. eruvrnoNMENTAL 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 vanety of topographic land forms and gradients. Specific topographic characteristics of the sites at which the projects included in SEPA Environmental Checklist (WAC '197-1 'l-960)May 2017 Page 3 of 20 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)? Specif,rc 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)? lf you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. 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? lf so, describe. Unstable soils may exist within the Highline 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, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. lndicate 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? lf 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. 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 proj ect-level environmental review when appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: SEPA Environmentel Checklist (WAC f 97-1 1-960)May 2017 Page 4 of 20 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 during construction, operation, and maintenance when the project is completed? lf 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? lf 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 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 Water. 1) ls there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? lf yes, describe type and provide names. lf 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 have been or will be identified during project-level environmental review when appropriate. When necessaÍy, the surface water regimes and flow patterns have been or will be researched and incorporated into the designs of the individual projects. 2) Willthe project require any work over, in, or adjacent to (within 200 feet) the described waters? lf yes, please describe and attach available plans. SEPA Environmental Checklist (WAC 197-1 1-960)May 2017 Page 5 of 20 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 have been or will be satisfied 3) Estimate the amount of fill and dredge materialthat would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected lndicate 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. 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 1O0-year floodplain? lf 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 aÍeas. 6) Does the proposal involve any discharges of waste materials to surface waters? lf 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 Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? lf so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Willwater 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 septíc 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 SEPA Environmental Checklist (WAC 1 97-1 1-960)May 2017 Page 6 of 20 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-level environmental review. c. Water runoff (including stormwater): 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? lf 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? lf 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 speciflrc 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. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? lf so, descr¡be. Individual projects included in the Capital Facilities Plan may alter or otherwise affect drainage patterns. The impact of the individual projects included in the Capital Facilities Plan on drainage patterns 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. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern 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. 4. Plants a. Check the types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other SEPA Environmental Checklist (WAC 197-1 1-960)May 2017 Page 7 of 20 shrubs grass _pasture crop or gra¡n _ Orchards, vineyards or other permanent crops. _ 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 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 and 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 plants, 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. e. List all noxious weeds and invasive species known to be on or near the site Inventories of noxious weeds and invasive species located on or near sites of the projects proposed in the Capital Facilities Plan have been or will be addressed during proj ect-level environmental review when appropriate. 5. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: SEPA Environmental Checklist (WAC 197-1 1-960)May 2017 Page I of 20 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 and 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 proj ect-level environmental review when appropriate. c. ls the site part of a migration route? lf 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 proj ect-level environmental review when appropriate. e. List any invasive animal specíes known to be on or near the site. Inventories of invasive animal species located on or near sites of the projects proposed in the Capital Facilities Plan have been or will be addressed 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 speciflrc 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? lf 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-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: SEPA Environmental Checklist WAC 197-1 1-960)May 2017 Page 9 of 20 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, rÍsk of fire and explosíon, spill, or hazardous waste, that could occur as a result of this proposal? lf so, describe. Please see the Supplemental Sheet for Nonproject Actions. 1) Describe any known or possible contamination at the site from present or past uses. Known or possible contamination on sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. Hazardous chemicals/conditions that might affect the project development and design on sites intended for any projects included in the Capital Facilities Plan have been or will be identif,red and described during project-level environmental review when appropriate. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. Toxic or hazardous chemicals that might be stored, used, or produced during the development, construction, or operation of any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. 4) Describe special emergency services that might be required Please see the Supplemental Sheet for Nonproject Actions 5) 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. 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 Highline School District. The specific noise sources that may affect the SEPA Environmental Checklist WAC 197-1 1-960)May 2017 Page 10 of20 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{erm basis (for example: traffic, construction, operation, other)? lndi- cate 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 a short-term basis 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, there may be 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 increases is expected to be significant. The specific noise sources and levels that may result from the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. 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 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? Will the proposal affect current land uses on nearby or adjacent properties? lf so, describe. There are a variety of land uses in the Highline School District, including residential, commercial, industrial, institutional, utility, open space, recreational, etc. Impacts of projects included in the Capital Facilities Plan on land uses on nearby or adjacent properties have been or will be identified and described during project-level environmental review when appropriate. b. Has the project site been used as working farmlands or working forest lands? lf so, describe. How much agricultural or forest land of long{erm commercial significance will be converted to other uses as a result of the proposal, if any? lf resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? Identification of the use of sites intended for any projects included in the Capital Facilities Plan as working farmlands or working forest land has been or will be identified and described during project-level environmental review when appropriate. 1) W¡ll the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? lf so, how: SEPA Environmental Checklist (WAC 197-1 1-960)May 2017 Page 11 of20 Any projects included in the Capital Facilities Plan have been or will be analyzed during project-level environmental review when appropriate to determine if the proposal will affect or be affected by surrounding working farm or forest lands. c. Describe any structures on the site Any 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 demolíshed? lf so, what? Any 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. All sites anticipated for school construction are zoned for such use. 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. All sites anticipated for school construction are designated for such use. g. lf 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 identif,red during project-level environmental review when appropriate. h. Has any part of the site been classified as a critical area by the city or county? lf so, specify Any critical 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 Highline School District currently serves approximately 19,199 students. Enrollment is expected to increase to approximately 20,236 students by the 2022-2023 school year. The District employs approximately 2,370 people. j. Approximately how many people would the completed project displace? SEPA Environmental Checklist WAC 197-1 1-960)May 2017 Page 12 of20 Any displacement of people caused by the projects included in the Capital Facilities Plan has been or will be evaluated during projectJevel 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. t. 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. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: The compatibility of the specific projects included in the Capital Facilities Plan with nearby agricultural and forest lands of long-term commercial significance has been or will be identified and described during proj ect-level environmental review when appropriate. 9. Housing a. Approximately how many units would be provided, if any? lndicate whether high, mid- dle, 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? lndicate 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? SEPA Environmental Checklist (WAC 197-1 1-960)May 2017 Page 13 of20 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 projectJevel basis when appropriate. 11. Light and Glare a. What type of light or glare willthe 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 projectJevel 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 proj ect-level environmental review when appropriate. 12. Recreation a. What designated and informal recreational opportunitíes are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Highline School District. b. Would the proposed project displace any existing recreational uses? lf 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. The projects included in the SEPA Environmental Checklist WAC 197-1 1-960)May 2017 Page 14of20 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 playfields and gymnasiums. 13. Historic and cultural preseruation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? lf so, specifically describe. Any buildings, structures, or sites, located on or near the site that are over 45-years old listed in or proposed eligible for listing in national, state, or local preservation registers on or near sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. Any landmarks, features, or other evidence of Indian or historic use or occupation, or material evidence, artifacts, or areas of cultural importance, on or near sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during proj ect-level environmental review when appropriate. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Any relevant methods utilized at sites intended for any projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. Any needed relevant measures proposed to avoid, minimize, or compensate for loss, changes to, and disturbance to resources, including necessary plans and permits, for any projects included in the Capital Facilities Plan have been or will be identified and described during proj ect-level environmental review when appropriate. SEPA Environmental Checklist (WAC 1 97-1 1-960)May 2017 Page 15 of20 14. Transportation a. ldentify public streets and highways serving the site or affected geographic area 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. b. ls the site or affected geographic area currently served by public transit? lf so, generally describe. lf 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 additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal 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. W¡llthe proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? lf 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. d. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? lf 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 or proposal? lf known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? 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. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? lf so, generally describe. The potential impact of any project proposed in the Capital Facilities Plan on the movement of agricultural or forest products on roads and streets has been or will be addressed during project-level environmental review when appropriate. SEPA Environmental Checklist (WAC 197-1 1-960)Mav 2017 Page 16 of 20 h. Proposed measures to reduce or control transportation impacts, if any: The mitigation of traffic impacts associated with the projects included in the CapitalFacilities Plan has been or will be addressed during project-level environmental review when appropriate. 15. Public Services a. Would the prolect result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? lf 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. The mitigation of impacts to public services associated with the projects included in the Capital Facilities Plan has been or will be addressed during project- level environmental review when appropriate. 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 sewer are or can be made 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 proj ect-level environmental review when appropriate. c. 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. C. Signature The above answers are true and com plete to the best of my knowledge. I understand that the lead agency is ng on to its decision. Signatu Name sig nee Position and Agency/Organization :Executive Director Caoital Plannino and Construction Hiqhine School District No. 401 Mav 26.2017Date Submitted SEPA Environmental Checklist WAC f 97-1 1-960)May 2017 Page 17of20 D. supplemental sheet for nonproject actions (lT lS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpfulto 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 generalterms. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, 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, some of these environmental impacts may be more likely. Additional impermeable surfaces, such as rooß, access roads, and sidewalks could increase stormwater runoft 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, with the possible exception of noise production due to short-term construction activities or the presences of additional students on a site. Construction impacts related to noise and air would be short term and are not anticipated to be significant. 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 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 sites and a loss to animal habitat. These impacts have been or 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. SEPA Environmental Checklist (WAC 197-1 1 -960)May 2017 Page 18 of20 Proposed measures to protect or conserye 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 identifîed, 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. Specific review will be conducted, however, during project- level environmental review. 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-level environmental review when appropriate. Updates of this Plan will be coordinated with King County and the cities of Burien, Des Moines, Kent, Normandy Park, SeaTac, and Tukwila as part of the Growth Management Act process, one ofthe purposes of which is to protect critical 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. Future projects would comply with permitting regulations regarding environmentally sensitive areas. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shorelíne 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 affect land and shoreline uses in the area served by the District in any manner not currently permitted or designated for the intended use. Proposed measures to avoid or reduce shoreline and land use impacts are: SEPA Environmental Checklist (WAC 197-1 1-960)May 2017 Page19of20 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. ldentify, 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. The Washington Growth Management Act (the GMA) outlines 13 broad goals, including adequate provision of necessary public facilities and services. Schools are among these necessary facilities and services. The Capital Facilities Plan satisfies the requirements of RCW 36.70A.070, and to identifr additional school facilities necessary to meet the educational needs of the growing student populations anticipated in the District. SEPA Environmental Checklist (WAC 197-1 1-960)May 2017 Page 20 of 20 School District Capital Facilities Plans 2017/18 to 2022/23 Impact Fee Calculation – Single Family and Multifamily Kent Federal Way Auburn Highline Site Cost SFR MFR $ 764.95 $ 224.87 $ 2,942.00 $ 6,646.00 $ 1,546.86 $ 825.53 $ -0- $ -0- Construction Cost SFR MFR $26,285.66 $ 7,727.19 $19,190.00 $47,930.00 $13,609.76 $ 7,263.24 $12,360.00 $10,186.00 Temporary Facility Cost SFR MFR $ 201.07 $ 59.11 $ 54.00 $ 145.00 $ 123.86 $ 64.53 $ -0- $ -0- State Funding Assistance Credit SFR MFR $ 4,350.55 $ 1,278.93 $ 5,367.00 $13,384.00 $ 2,344.14 $ 1,251.03 $ 1,591.00 $ 1,792.00 Tax Credit SFR MFR $ 1,988.27 $ 1,156.85 $ 3,135.00 $ 1,166.00 $ 6,292.62 $ 2,739.70 $ 6,188.00 $ 2,071.00 Impact Fee SFR MFR $ 5,235.00 (+ 2.6%) $ 2,267.00 (+ 2.6%) $ 6,842.00 (+113.9%) $20,086.00 (+139.5%) $ 3,321.86 (-39.3%) $ 2,081.29 (+26.9%) $ 2,290 (- 69.6%) $ 3,162 (-52.7%) % financed by impact fees 11% 0.3% ? ? Impact Fees History 2000 – 2018 SFR Kent Federal Way Auburn Highline MFR Kent Federal Way Auburn Highline 2018 $5,235 $6,842 $3,321.86 $2,290 2018 $2,267 $20,086 $2,081.29 $3,162 2017 $5,100 $3,198 $5,469.37 $7,528 2017 $2,210 $8,386 $1,639.70 $6,691 2016 $4,990 $2,899 $5,330.88 $8,229 2016 $2,163 $ 506 $2,625.01 $7,453 2015 $5,486 $5,171 $4,137.21 $6,328 2015 $3,378 $1,834 $3,518.17 $3,761 2014 $5,486 $5,363 $5,398.93 $7,412 2014 $3,378 $1,924 $3,387.84 $3,251 2013 $5,486 $4,014 $5,511.69 $7,912 2013 $3,378 $1,381 $3,380.26 $3,101 2012 $5,486 $4,014 $5,557.30 N/A 2012 $3,378 $1,253 $2,305.22 N/A 2011 $5,486 $4,014 $5,266.33 N/A 2011 $3,378 $2,172 $1,518.22 N/A 2010 5,394 3,832 5,432.70 N/A 2010 3,322 2,114 1,184.71 N/A 2009 5,304 4,017 5,374.64 N/A 2009 3,266 1,733 877.02 N/A 2008 5,110 3,883 5,361.04 N/A 2008 3,146 1,647 465.78 N/A 2007 4,928 3,018 5,657.05 N/A 2007 3,034 856 1,228.84 N/A 2006 4,775 3,393 5,681.36 N/A 2006 2,940 895 1,536.30 N/A 2005 4,056 2,868 5,296.90 N/A 2005 1,762 905 1,831.85 N/A 2004 4,292 3,269 4,528.00 N/A 2004 2,643 940 1,212.00 N/A 2003 4,147 3,865 N/A N/A 2003 2,554 1,086 N/A N/A 2002 3,782 2,616 N/A N/A 2002 2,329 896 N/A N/A 2001 3,782 2,710 N/A N/A 2001 2,329 830 N/A N/A 2000 3,782 2,384 N/A N/A 2000 2,329 786 N/A N/A S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2017\CPA-2017-2 SCHOOL DISTS' CAP FAC PLANS\CPA-2017-2_School Districts CFPs_capfacilitiestable1.doc School District Capital Facilities Plans 2017/18 to 2022/23 Kent Federal Way Auburn Highline Area Cost Allowance $213.23 $213.23 $213.23 $213.23 State Funding Assistance % 56.96% 65.59% 63.29% 54.62% District Match % 36.71% District Average Assessed Valuation SFR MFR $328,047 $143,332 $294,328 $109,489 $292,035 $127,147 $326,622 $109,319 Debt Service Capital Levy Rate/$1000 $1.03 $1.31 $2.65 $2.33 Bond Interest Rate 3.95% 3.95% 3.95% 3.95% Issues: Kent: Replacement of Covington Elementary School. Additional elementary school in Kent Valley. 20 additional classrooms in elementary schools. Purchase additional portables. Federal Way: Complete modernization of Federal Way High School. Replace Thomas Jefferson High. Replace five elementary schools. Norman Center (Employment Transition Program) financed through state-approved LOCAL program through 2020. Purchase new portables. Auburn: Construct 2 Elementary Schools. Replace 5 Elementary Schools and 1 Middle School; Acquire 3 elementary school sites. Purchase new portables. Technology upgrades at all facilities; Miscellaneous facility updates at multiple sites. Highline: Replace Des Moines Elementary School to increase capacity, add classrooms at existing elementary schools, build one new middle school. Purchase new portables. Land purchase for future elementary school. S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2017\CPA-2017-2 SCHOOL DISTS' CAP FAC PLANS\CPA-2017-2_School Districts CFPs_capfacilitiestable2.doc School District Capital Facilities Plans – 2017/18 to 2022/23 General Statistics Kent Federal Way Auburn Highline Student Generation SFR Elementary Middle Senior High MFR Elementary Middle Senior High .398 .096 .185 .117 .028 .029 0.2200 0.1202 0.1429 0.5970 0.2369 0.3228 0.1930 0.0770 0.0730 0.1030 0.0310 0.0440 0.1518 0.0262 0.0654 0.0930 0.0465 0.0698 Enrollment 2016/17 26,529 20,638 15,945 19,199 Capacity 2016/17 27,103 19,451 14,717 20,946 Class Size K = 23 1-3 = 23/17 4 - 6 = 27 7 - 8 = 28.6 9–12 =30.6 K - 3 = 17 4 - 5 = 25 6-12 = 26 K – 2 = 24/17.3 3 – 4 = 26 5 = 29 6–12 = 30 K = 24 1 – 3 = 25 K-3=17 (2019) 4 – 6 = 27 7 – 8 = 30 9 – 12 = 32 S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2017\CPA-2017-2 SCHOOL DISTS' CAP FAC PLANS\CPA-2017-2_School Districts CFPs_capfacilitiestable3_.doc REVISED CODE OF WASHINGTON RCW 36.70A.020 Planning goals. The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. (3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. (4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. (8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses. (9) Open space and recreation. Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. (12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance. [ 2002 c 154 § 1; 1990 1st ex.s. c 17 § 2.] RCW 36.70A.070 Comprehensive plans—Mandatory elements. *** CHANGE IN 2017 *** (SEE 5517.SL) *** *** CHANGE IN 2017 *** (SEE 5790-S.SL) *** The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. Each comprehensive plan shall include a plan, scheme, or design for each of the following: (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and stormwater runoff in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community. (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element. (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines. (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element: (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter. (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character. (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by: (i) Containing or otherwise controlling rural development; (ii) Assuring visual compatibility of rural development with the surrounding rural area; (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area; (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources; and (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows: (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. (A) A commercial, industrial, residential, shoreline, or mixed-use area are subject to the requirements of (d)(iv) of this subsection, but are not subject to the requirements of (c)(ii) and (iii) of this subsection. (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5); (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl; (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(15). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(15). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl; (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary, the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries, such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low- density sprawl; (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence: (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter; (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5). (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365. (6) A transportation element that implements, and is consistent with, the land use element. (a) The transportation element shall include the following subelements: (i) Land use assumptions used in estimating travel; (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities; (iii) Facilities and services needs, including: (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries; (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated; (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the office of financial management's ten-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection; (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard; (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth; (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06RCW; (iv) Finance, including: (A) An analysis of funding capability to judge needs against probable funding resources; (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the ten-year investment program developed by the office of financial management as required by RCW 47.05.030; (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met; (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions; (vi) Demand-management strategies; (vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles. (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride-sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6), "concurrent with the development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. If the collection of impact fees is delayed under RCW 82.02.050(3), the six-year period required by this subsection (6)(b) must begin after full payment of all impact fees is due to the county or city. (c) The transportation element described in this subsection (6), the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year investment program required by RCW 47.05.030 for the state, must be consistent. (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element may include the provisions in *section 3 of this act. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection. (8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand. (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130. [ 2017 c 331 § 2; 2015 c 241 § 2; 2010 1st sp.s. c 26 § 6; 2005 c 360 § 2; (2005 c 477 § 1 expired August 31, 2005); 2004 c 196 § 1;2003 c 152 § 1. Prior: 2002 c 212 § 2; 2002 c 154 § 2; 1998 c 171 § 2; 1997 c 429 § 7; 1996 c 239 § 1; prior: 1995 c 400 § 3; 1995 c 377 § 1; 1990 1st ex.s. c 17 § 7.] NOTES: *Reviser's note: Section 3 of this act was vetoed by the governor. Short title—2017 c 331: "This act may be known and cited as the economic revitalization act." [ 2017 c 331 § 1.] Effective date—2015 c 241: See note following RCW 44.28.812. Expiration date—2005 c 477 § 1: "Section 1 of this act expires August 31, 2005." [ 2005 c 477 § 3.] Effective date—2005 c 477: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 2005]." [ 2005 c 477 § 2.] Findings—Intent—2005 c 360: "The legislature finds that regular physical activity is essential to maintaining good health and reducing the rates of chronic disease. The legislature further finds that providing opportunities for walking, biking, horseback riding, and other regular forms of exercise is best accomplished through collaboration between the private sector and local, state, and institutional policymakers. This collaboration can build communities where people find it easy and safe to be physically active. It is the intent of the legislature to promote policy and planning efforts that increase access to inexpensive or free opportunities for regular exercise in all communities around the state." [ 2005 c 360 § 1.] Prospective application—1997 c 429 §§ 1-21: See note following RCW 36.70A.3201. Severability—1997 c 429: See note following RCW 36.70A.3201. Construction—Application—1995 c 400: "A comprehensive plan adopted or amended before May 16, 1995, shall be considered to be in compliance with RCW 36.70A.070 or 36.70A.110, as in effect before their amendment by this act, if the comprehensive plan is in compliance with RCW 36.70A.070 and 36.70A.110 as amended by this act. This section shall not be construed to alter the relationship between a countywide planning policy and comprehensive plans as specified under RCW 36.70A.210. As to any appeal relating to compliance with RCW 36.70A.070 or 36.70A.110 pending before a growth management hearings board on May 16, 1995, the board may take up to an additional ninety days to resolve such appeal. By mutual agreement of all parties to the appeal, this additional ninety-day period may be extended." [ 1995 c 400 § 4.] Effective date—1995 c 400: See note following RCW 36.70A.040. RCW 82.02.050 Impact fees—Intent—Limitations. (1) It is the intent of the legislature: (a) To ensure that adequate facilities are available to serve new growth and development; (b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and (c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. (2) Counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees. (3)(a)(i) Counties, cities, and towns collecting impact fees must, by September 1, 2016, adopt and maintain a system for the deferred collection of impact fees for single-family detached and attached residential construction. The deferral system must include a process by which an applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment. The deferral system offered by a county, city, or town under this subsection (3) must include one or more of the following options: (A) Deferring collection of the impact fee payment until final inspection; (B) Deferring collection of the impact fee payment until certificate of occupancy or equivalent certification; or (C) Deferring collection of the impact fee payment until the time of closing of the first sale of the property occurring after the issuance of the applicable building permit. (ii) Counties, cities, and towns utilizing the deferral process required by this subsection (3)(a) may withhold certification of final inspection, certificate of occupancy, or equivalent certification until the impact fees have been paid in full. (iii) The amount of impact fees that may be deferred under this subsection (3) must be determined by the fees in effect at the time the applicant applies for a deferral. (iv) Unless an agreement to the contrary is reached between the buyer and seller, the payment of impact fees due at closing of a sale must be made from the seller's proceeds. In the absence of an agreement to the contrary, the seller bears strict liability for the payment of the impact fees. (b) The term of an impact fee deferral under this subsection (3) may not exceed eighteen months from the date of building permit issuance. (c) Except as may otherwise be authorized in accordance with (f) of this subsection (3), an applicant seeking a deferral under this subsection (3) must grant and record a deferred impact fee lien against the property in favor of the county, city, or town in the amount of the deferred impact fee. The deferred impact fee lien, which must include the legal description, tax account number, and address of the property, must also be: (i) In a form approved by the county, city, or town; (ii) Signed by all owners of the property, with all signatures acknowledged as required for a deed, and recorded in the county where the property is located; (iii) Binding on all successors in title after the recordation; and (iv) Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. (d)(i) If impact fees are not paid in accordance with a deferral authorized by this subsection (3), and in accordance with the term provisions established in (b) of this subsection (3), the county, city, or town may institute foreclosure proceedings in accordance with chapter 61.12 RCW. (ii) If the county, city, or town does not institute foreclosure proceedings for unpaid school impact fees within forty-five days after receiving notice from a school district requesting that it do so, the district may institute foreclosure proceedings with respect to the unpaid impact fees. (e)(i) Upon receipt of final payment of all deferred impact fees for a property, the county, city, or town must execute a release of deferred impact fee lien for the property. The property owner at the time of the release, at his or her expense, is responsible for recording the lien release. (ii) The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of final inspection, certificate of occupancy, or equivalent certification, or at the time of closing of the first sale. (f) A county, city, or town with an impact fee deferral process on or before April 1, 2015, is exempt from the requirements of this subsection (3) if the deferral process delays all impact fees and remains in effect after September 1, 2016. (g)(i) Each applicant for a single-family residential construction permit, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals under this subsection (3) for the first twenty single-family residential construction building permits per county, city, or town. A county, city, or town, however, may elect, by ordinance, to defer more than twenty single-family residential construction building permits for an applicant. If the county, city, or town collects impact fees on behalf of one or more school districts for which the collection of impact fees could be delayed, the county, city, or town must consult with the district or districts about the additional deferrals. A county, city, or town considering additional deferrals must give substantial weight to recommendations of each applicable school district regarding the number of additional deferrals. If the county, city, or town disagrees with the recommendations of one or more school districts, the county, city, or town must provide the district or districts with a written rationale for its decision. (ii) For purposes of this subsection (3)(g), an "applicant" includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant. (h) Counties, cities, and towns may collect reasonable administrative fees to implement this subsection (3) from permit applicants who are seeking to delay the payment of impact fees under this subsection (3). (i) In accordance with RCW 44.28.812 and 43.31.980, counties, cities, and towns must cooperate with and provide requested data, materials, and assistance to the department of commerce and the joint legislative audit and review committee. (4) The impact fees: (a) Shall only be imposed for system improvements that are reasonably related to the new development; (b) Shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and (c) Shall be used for system improvements that will reasonably benefit the new development. (5)(a) Impact fees may be collected and spent only for the public facilities defined in RCW 82.02.090 which are addressed by a capital facilities plan element of a comprehensive land use plan adopted pursuant to the provisions of RCW 36.70A.070 or the provisions for comprehensive plan adoption contained in chapter 36.70, 35.63, or 35A.63 RCW. After the date a county, city, or town is required to adopt its development regulations under chapter 36.70A RCW, continued authorization to collect and expend impact fees is contingent on the county, city, or town adopting or revising a comprehensive plan in compliance with RCW 36.70A.070, and on the capital facilities plan identifying: (i) Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time; (ii) Additional demands placed on existing public facilities by new development; and (iii) Additional public facility improvements required to serve new development. (b) If the capital facilities plan of the county, city, or town is complete other than for the inclusion of those elements which are the responsibility of a special district, the county, city, or town may impose impact fees to address those public facility needs for which the county, city, or town is responsible. [ 2015 c 241 § 1; 1994 c 257 § 24; 1993 sp.s. c 6 § 6; 1990 1st ex.s. c 17 § 43.] NOTES: Effective date—2015 c 241: See note following RCW 44.28.812. Severability—1994 c 257: See note following RCW 36.70A.270. Effective date—1993 sp.s. c 6: See note following RCW 36.70A.040. Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. SEPA: RCW 43.21C.065. KENT CITY CODE 12.13.060 Submission of district capital facilities plan and data. A. On an annual basis, the district shall submit the following materials to the city council: 1. The district’s capital facilities plan (as defined in KCC 12.13.010 herein) and adopted by the school board; 2. The district’s enrollment projections over the next six (6) years, its current enrollment and the district’s enrollment projections and actual enrollment from the previous year; 3. The district’s standard of service; 4. The district’s overall capacity over the next six (6) years, which shall take into account the available capacity from school facilities planned by the district but not yet built and be a function of the district’s standard of service as measured by the number of students which can be housed in district facilities; 5. An inventory of the district’s existing facilities. B. To the extent that the district’s standard of service identifies a deficiency in its existing facilities, the district’s capital facilities plan must identify the sources of funding other than impact fees, for building or acquiring the necessary facilities to serve the existing student population in order to eliminate the deficiencies within a reasonable period of time. C. Facilities to meet future demand shall be designed to meet the adopted standard of service. If sufficient funding is not projected to be available to fully fund a capital facilities plan which meets the adopted standard of service, the district’s capital facilities plan should document the reason for the funding gap, and identify all sources of funding that the district plans to use to meet the adopted standard of service. D. The district shall also submit an annual report to the city council showing the capital improvements which were serviced in whole or in part by the impact fees. E. In its development of the financing plan component of the capital facilities plan, the district shall plan on a six (6) year horizon and shall demonstrate its best efforts by taking the following steps: 1. Establish a six (6) year financing plan, and propose the necessary bond issues and levies required by and consistent with that plan and as-approved by the school board consistent with RCW 28A.53.020, 84.52.052 and 84.52.056 as amended; and 2. Apply to the state for funding, and comply with the state requirements for eligibility to the best of the district’s ability. (Ord. No. 3260, § 1, 12-19-95) 12.13.070 Annual council review. On at least an annual basis, the city council shall review the information submitted by the district pursuant to KCC 12.13.060(A) herein. The review shall occur in conjunction with any update of the capital facilities plan element of the city’s comprehensive plan. (Ord. No. 3260, § 1, 12-19-95) 12.13.080 Impact fee program elements. A. Impact fees will be assessed on every new dwelling unit in the district for which a fee schedule has been established. B. Impact fees will be imposed on a district by district basis, on behalf of any school district which provides to the city a capital facilities plan, the district’s standards of service for the various grade spans, estimates of the cost of providing needed facilities and other capital improvements, and the data from the district called for by the formula in KCC 12.13.140. Any impact fee imposed shall be reasonably related to the impact caused by the development, and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. The impact fee formula shall account in the fee calculation for future revenue the district will receive from the development. The ordinance adopting the fee schedule shall specify under what circumstances the fee may be adjusted in the interests of fairness. C. The impact fee shall be based on the capital facilities plan developed by the district and approved by the school board, and adopted by reference by the city as part of the capital facilities element of the comprehensive plan for the purpose of establishing the fee program. (Ord. No. 3260, § 1, 12-19-95) 12.13.090 Fee calculations. A. The fee shall be calculated based on the formula set out in KCC 12.13.140. B. Separate fees shall be calculated for single-family and multifamily types of dwelling units, and separate student generation rates must be determined by the district for each type of dwelling unit. For the purpose of this chapter, mobile homes shall be treated as single-family dwellings and duplexes shall be treated as multifamily dwellings. C. The fee shall be calculated on a district-wide basis using the appropriate factors and data to be supplied by the district, as indicated in KCC 12.13.140. The fee calculations shall also be made on a district-wide basis to assure maximum utilization of all school facilities in the district used currently or within the last two (2) years for instructional purposes. D. The formula in KCC 12.13.140 provides a credit for the anticipated tax contributions that would be made by the developments based on historical levels of voter support for bond issues in the district. E. The formula also provides for a credit for school facilities or sites actually provided by a developer which the district finds acceptable. F. The city may also impose an application fee to cover the reasonable costs of administration of the impact fee program. (Ord. No. 3260, § 1, 12-19-95) 12.13.140 Formula for determining school impact fees. A. School impact fees shall be determined as follows: IF: A = Student factor for dwelling unit type and grade span x site cost per student for sites for facilities in that grade span = Full cost fee for site acquisition cost B = Student factor for dwelling unit type and grade span x school construction cost per student for facilities in that grade span x ratio of district’s square footage of permanent facilities to total square footage of facilities = Full cost fee for school construction C = Student factor for dwelling unit type and grade span x relocatable facilities cost per student for facilities in that grade span x ratio of district’s square footage of relocatable facilities to total square footage of facilities = Full cost fee for relocatable facilities D = Student factor for dwelling unit type and grade span “Boeckh Index” x SPI square ft per student factor x state match % = State match credit, and A1, B1, C1, D1 = A, B, C, D for elementary grade spans A2, B2, C2, D2 = A, B, C, D, for middle/junior high grade spans A3, B3, C3, D3 = A, B, C, D for high school grade spans TC = Tax payment credit = The net present value of the average assessed value in the district for unit type x current school district capital property tax levy rate, using a ten (10) year discount period and current interest rate (based on the bond buyer twenty (20) bond general obligation bond index) FC = Facilities credit = the per-dwelling-unit value of any site or facilities provided directly by the development Then the unfunded need = UN = A1 + . . . + C3 (D1-D2-D3) – TC And the developer fee obligation = F = U/N2 And the net fee obligation = NF = F – FC B. Notes to formula. 1. Student factors are to be provided by the district based on district records of average actual student generation rates for new developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; if such information is not available in the district, data from adjacent districts, districts with similar demographics, or countywide averages must be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. 2. The “Boeckh index” is a construction trade index of construction costs for various kinds of buildings; it is adjusted annually. 3. The district is to provide its own site and facilities standards and projected costs to be used in the formula, consistent with the requirements of this chapter. 4. The formula can be applied by using the following table: Table for Calculating School Impact Fee Obligations for Residential Dwelling Units (to be separately calculated for single-family and multifamily units) A1= Elementary school site cost per student x the student factor = A2= Middle/junior high site cost per student x the student factor = A3= High school site cost per student x the student factor = A= A1 + A2 + A3 = B1= Elementary school construction cost per student x the student factor = B2= Middle/junior high construction cost per student x the student factor = B3= High school construction cost per student x the student factor = B= (B1 + B2 + B3) x square footage of permanent facilities total square footage of facilities = C1= Elementary school relocatable facility cost per student x the student factor = C2= Middle/junior high relocatable facility cost per student x the student factor = C3= High school relocatable facility cost per student x the student factor = C= (C1 + C2 + C3) x square footage of permanent facilities total square footage of facilities = D1= Boeckh index x SPI square footage per student for elementary school x state match % x student factor = D2= Boeckh index x SPI square footage per student for middle/junior high school x state match % x student factor = D3= Boeckh index x SPI square footage per student for high school x state match % x student factor = D= D1 + D2 + D3 = Table for Calculating School Impact Fee Obligations for Residential Dwelling Units (to be separately calculated for single-family and multifamily units) TC= ((1+i)10) - 1 x average assessed value for the dwelling unit type in the school district i(1 + i)10 x current school district capital property tax levy rate where i+ the current interest rate as stated in the bond buy twenty (20) bond general obligation bond index FC= Value of site of facilities provided directly by the development number of dwelling units in development Total unfunded need = A + B + C - D = A +B +C -D Subtotal -TC Total unfunded need UN = divided by 2 = Developer fee obligation Less FC (if applicable) Net fee obligation (Ord. No. 3260, § 1, 12-19-95) PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through N. Discussion Action 7A. Approval of Minutes. Minutes of October 3, 2017, Council Meeting and Workshop - Approve This page intentionally left blank. Kent City Council Workshop October 3, 2017 Minutes Kent, Washington Pending Approval Date: October 3, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Tina Budell, Councilmember Jim Berrios, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Council President Boyce opened the meeting at 5:06 p.m. Agenda: 1. Financial Policies Review: Aaron BeMiller, Finance Director, provided two financial policy updates. The current policies were adopted in 2012, and are in the budget and the proposed budget adjustment document. Finance has been updating the policies and will continue to work on updating the policies using General Financial Office best practices. The City’s Investment Policy was recently updated and adopted in March of 2017. These policies have already been presented to the Operations Committee. The committee recommended the Finance Department present these policies during a Council Workshop to provide for discussion. Aaron BeMiller reviewed the Debt Management Policy that included: the policy objective, analysis requirements, and Capital Improvement Plan considerations. The City will not issue debt for current operations. Any interfund loans and allowable types of debt require council approval. The most substantial change is the analysis requirements prior to going into debt. Aaron BeMiller provided a brief overview of the Fund Balance Reserves Policy that includes: the policy objective, types of fund balance, fund balance importance, and individual fund balance targets. Aaron BeMiller also reviewed the general fund reserve policies for area cities. The general fund balance target is 18%. Aaron detailed the intended uses of fund balance, other funds, and uses of excess reserves. 2. Adaptive Recreation Presentation: Lori Hogan, Recreation and Cultural Superintendent in the Parks and Human Services Department, provided a brief overview of the Parks and Human Services Department that includes the Adaptive Recreational Program. Page 1 of 3 Kent City Council Workshop October 3, 2017 Minutes Kent, Washington Pending Approval Julie Stangle, Adaptive Recreation and Youth/Teen Program Manager, presented information regarding the Adaptive Recreation Program, that provides for recreational opportunities for individuals with disabilities. The Program’s statement of inclusion is: “Everyone in the City of Kent community shall have the opportunity to equally participate in, benefit from, and enjoy the parks and recreation programs and facilities. Our mission is dedicated to enriching the lives of all persons participating in Kent Parks, Recreation and Community Services.” Lora Hosford, Adaptive Recreation Coordinator, gave a brief overview of the program and highlighted some of programs that include: the Studio 315 program - the largest social program for people with disabilities in Western Washington. The program offers a wide variety of sports and partners with the Special Olympics program. The program’s adult cheer team will be cheering for all participants in the annual bowling classic tournament. The Health and fitness program includes teen lunch bunch, adult basic cooking, flexi fit and fun, and pole walking. There are community exploration outings, creative art space programs and theater for all. Lora invited everyone to attend “The Rescue of King Candy” performance on November 21, 2017, that will be held in the Kent Commons Mount Rainier Room. Community Resources/Partners include the Kent School District, Multiple Sclerosis Support Group, National Alliance on Mental Illness – South King County, The Outreach Program, Special Olympics, parents and volunteers. Parent/Volunteer Carl Kishline, provided testimonials, evaluations and partners of the program. Lora introduced the Kent Parks cheerleaders and Coach Carrie. The cheerleaders yelled a cheer and performed a dance. 3. FEMA Remapping: Mike Mactutis, Environmental Engineering Manager, provided an update on: 1. Green levee progress towards accreditation; and 2. Preliminary FEMA maps issued within the past 2 weeks. Mike Mactutis advised that FEMA started the remapping process in 2005, there were issues with the Howard Hanson Dam in 2009, that funding for projects Page 2 of 3 Kent City Council Workshop October 3, 2017 Minutes Kent, Washington Pending Approval are paid through the King County Flood Control District. Currently $58 million has been spent on studies and construction projects. Mike provided an update on all of the following levee projects: • Reach 4 of Briscoe-Desimone levee were completed 2016. • The Upper Russell Levee project was completed in 2017. • For the Milwaukee II levee, the City is entering into an interlocal agreement with the KCFD to do alternative analysis – the final levee alignments are anticipated to be complete in early 2018. • The Hawley Road levee project will complete levee connections to SR 167 in October 2017. • For the Signature Point/County Road #8 levee – An ILA is being prepared with the KCFCD for the preparation of an alternative analysis. • Lower Russell Road Levee – City will continue partnership with KCFCD for construction in 2019/20. Van Dorens’ Park is being relocated. • Kent Airport Levee – Green River Left Bank – The plan is to submit the Levee Certification Report to FEMA in 2018. • Frager Road Levee – Green River Left Bank – Submit Levee Certification Report to FEMA in 2018. FEMA Flood Maps Update: Mike Mactutis provided a brief background on FEMA flood maps and also provided an update on the recently released FEMA flood maps. FEMA flood maps: • Requires FEMA Flood Insurance • Increases Development Regulation • Affects Property Values • Reduces financial risk to property owners and lenders for flood damage impacts Mike reviewed comparisons of FEMA flood maps in Kent and the schedule up to the effective map implementation in the spring of 2019. The meeting concluded at 6:24 p.m. Kimberley A. Komoto City Clerk October 3, 2017 Page 3 of 3 This page intentionally left blank. Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval Date: October 3, 2017 Time: 7 p.m. Place: Council Chambers East/West Attending: Suzette Cooke, Mayor Bill Boyce, Council President Tina Budell, Councilmember Jim Berrios, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:02 p.m. with Mayor Cooke presiding. 2. Roll Call Mayor Cooke – Present Council President Boyce - Present Tina Budell, Councilmember - Present Jim Berrios, Councilmember - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember - Present Dana Ralph, Councilmember - Present Les Thomas, Councilmember - Present 3. Changes to the Agenda After Mayor Cooke’s addition of item 4K – Introduction of Keven Liu, Councilmember Boyce moved to approve the agendas presented, seconded by Thomas. The motion passed with a vote of 7-0. 4. Public Communications A. Public Recognition: B. King County Councilmember Dunn’s Annual State of the County Briefing. King County Councilmember Reagan Dunn briefed the council on flood issues and King County’s budget. The budget included support for the King County Air Support and Rescue program were included in the budget. King County focuses on flood control that protects lives, homes, business, and property. Work is being done to develop a warning center that will provide real- time flooding information. Page 1 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval Councilmember Dunn advised that the Citizen Advisory Committee helps identify projects with the highest priority for protecting residents. Detailed information regarding funding for levee projects were provided. An open house is scheduled for 5 p.m. on October 25, 2017, at the Green River Community College Kent Station campus. The topic is regarding the Lower Russell Road Levee - Green River Corridor Plan to help identify most-needed levee improvements. Councilmember Dunn provided details of funding allocated to youth resources. Councilmember Dunn expressed his deep appreciation of Mayor Cooke and indicated she has been a great leader and strong advocate for the city. Councilmember Dunn presented the Mayor with a 1999 article in which she was featured. Councilmembers expressed their appreciation of the work Councilmember Dunn has done for the City of Kent. C. Proclamation for Torklift Central’s Seventh Annual Kent Turkey Challenge Kerstin Stokes from Torklift Central expressed appreciation of support of the annual challenge. Their goal is to raise $25,000 and collect 10,000 pounds of food. The challenge runs October 12 – Nov 15, 2017. Call 253-299-0060 or email marketing@torklift.com. Visit Torkliftcentral.com/turkey for more information. D. Proclamation for Sixth Annual Green Kent Day Bryan Higgins, Parks/Facilities Program Planning Coordinator, provided information regarding the Sixth Annual Green Kent Day that will be held on October 28, 2017, from 9 a.m. – noon at the Puget Power Trail located at 64th Avenue South and South 226th Street. Visit KentWA.gov/GreenKent to register online. E. Proclamation for “RELEAF” 2017 Clark Lake Park Bryan Higgins, Parks/Facilities Program Planning Coordinator, provided information regarding “RELEAF” 2017 at Clark Lake Park. Visit KentWA.gov/GreenKent for more information. F. Proclamation for National Retirement Security Week Sonia Rogers accepted the proclamation for National Retirement Security Week. Sonja indicated National Retirement Security Week runs October 15 – 21. Visit ICMARC.org for more information. G. Appointment of Youth Commissioner to the Human Services Commission Page 2 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval Mayor Cooke advised that Mohammed Murad was not able to attend tonight’s meeting. H. Community Events Council President Boyce announced that Erin Buck is the new Director of Marketing at the accesso ShoWare Center. Council President Boyce detailed upcoming events and encouraged the public to attend. For details regarding upcoming Thunderbird games – visit accessoShoware.com. Councilmember Fincher advised that the Sikh community will hold a candlelight vigil on October 4, 2017, at 7 p.m. to honor victims of the tragedy in Las Vegas. The location is 12431 SE 286th Place in Auburn. Mayor Cooke encouraged the public to attend the Christmas Cantata at the accesso ShoWare Center on October 4th @ 7 p.m. Councilmember Ralph advised that the 2017-2018 Spotlight Series begins on October 6, 2017, at the Kent Meridian Performing Arts Center. Visit KentWA.gov for upcoming performances. Councilmember Ralph advised that October 7, 2017, is the Kent Has Talent performance that will be held at the Kent-Meridian Performing Arts Center. Visit KentWA.gov for more information. Councilmember Ralph advised that on October 11, 2017, there will be a Kent Police community meeting that will begin at 7 p.m. and will be held at the Panther Lake Elementary School. The topic is Portable Observation Devices (cameras). I. Economic and Community Development Update Ben Wolters, Economic and Community Development Director, provided an update on Economic and Community Development in Kent. Ben Wolters advised that for the Naden site, a request for information will go out in next few weeks, focusing on sale of southern portion of site. A draft schedule and criteria will be shared with an advisory committee that includes Councilmembers Boyce, Ralph and Berrios. Additional members include Mike Miller and Barbara Smith from the Kent Downtown Partnership; staff members include Ben Wolters, Kurt Hanson, Derek Matheson, and Hope Gibson. Ben reviewed the proposed schedule. A property adjacent the Naden Site, owned by Brutsche, has been cleaned up and been listed on the commercial MLS for $3.2 million. Page 3 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval Ben Wolters advised that the former site of JC Penny in downtown has been leased to a soon-to-be-named business. Ben Wolters advised that a pre-application request was received from WoodSpring Suites hotel looking to locate an extended-stay hotel at 405 Novak Lane. Ben provided an update on the proposed work for the underpass lighting projects under Highway 167. Four bids received – all high. The City will reject all bids and readvertise. The James street underpass lighting should be completed the 1st half of 2018. Ben advised that the Thunderbirds have new owners! Dan Leckelt and Lindsey Leckelt, co-CEOs of Silent-Aire, an engineering and data center equipment manufacturing company. The WHL board and City Council must approve the sale. Ben provided a timeline of events necessary to complete the sale. Ben provided an update on the Sound Transit second parking garage to support commuter rail at the Kent Station. Sound Transit is narrowing their selection of a preferred site for further study. The preferred site is located south of James Street from Central Avenue to the Burlington Northern railroad. Mayor Cooke introduced Kevin Liu; Kevin participated in a job shadow today with Mayor Cooke. Kevin conveyed that he is currently a senior at Kentridge High School. Over the summer, while participating in the Kent Sister City program, he decided to pursue a career in political science and is interested in international government. J. Intergovernmental Reports Council President Boyce serves on the Sound Cities Association Policy Board – Public Issues Committee. No report. Councilmember Budell serves on the Sound Cities Association Domestic Violence Initiative Committee. Next meeting is November 16th. Councilmember Budell provided details regarding a recently-created referral guide for the Trans and non- gender conforming community that was sponsored by the Mental Illness and Drug Dependency Group. Councilmember Higgins serves on the King County Regional Transit Committee. Agenda items included the recently passed recommendation to change Metro’s fare structure from two-zone to a flat fare of $2.75. The recommendation will go to the full county council and will take effect 6/1/2018. The revised rate structure will benefit South King County residents commuting to downtown Seattle. Councilmember Higgins advised that the public should contact Metro with issues regarding buses not running on time. Councilmember Higgins advised that Metro recently made a service change by increasing Sounder trips and increased the frequency of Route 169. Page 4 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval Councilmember Berrios serves on the Puget Sound Regional Council Economic Development Board. The new regional economic strategy is complete. Next meeting is in December. Councilmember Ralph serves on the Law, Safety, and Justice Committee. The recent agenda included discussion on immigration issues. Councilmember Fincher serves on the King Conservation District Advisory Committee. The committee is in the process of evaluating programs to award $900,000 in grant funds for food programs. The committee will be evaluating programs that will get food to people. Evaluation criteria will include infrastructure, consumer demand, land access, market assistance and technical assistance, food safety, business management. Councilmember Fincher serves on the Mental Illness and Drug Dependency Group. Details regarding the requirement to integrate medical, mental, primary and specialty health by April 1, 2020. Detailed information was provided regarding the Access to Care, Accountable Communities of Health projects, and treatment on demand. 5. Public Hearing None. 6. Public Comment Kirk Nelson expressed his frustration with the lack of landscaping maintenance at the James Street Pump Station. Additional concerns were expressed regarding the landscape rocks along James Street and panhandlers throughout the city. Amanda Nelson expressed her appreciation of Mayor Cooke’s interest in getting issues resolved at the Kent Meridian pool. Amanda Nelson requested additional repairs at the pool in addition to adding more splash parks in City parks. 7. Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through L seconded by Councilmember Thomas. The motion passed with a unanimous vote of 7-0. A. Minutes of Previous Meetings and Workshops – Approve The minutes of the September 19, 2017, Council Meeting and Workshop and September 26, 2017, Special Council Meeting, were approved. B. Payment of Bills – Approve Page 5 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval Bills received through August 31, 2017 and paid on August 31, 2017 after auditing by the Operations Committee on September 19, 2017 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 08/31/17 Wire Transfers 7216-7231 $1,724,262.34 08/31/17 Regular Checks 716854-717479 $6,373,821.26 08/31/17 Payment Plus $192,904.05 Void Checks ($16,093.00) 08/31/17 Use Tax Payable $951.24 $8,275,845.89 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2017: Date Check Numbers Amount 9/5/2017 Checks 0 $0.00 Voids and Reissues 9/5/2017 Advices 393575-394474 $1,657,420.31 $1,657,420.31 C. Appointment of Youth Commissioner to the Human Services Commission – Confirm Council confirmed the Mayor’s appointment of Mohammed Murad to the Kent Human Services Commission – Youth Commissioner. D. Ordinance Approving the Indirect Change of Control of Astound Broadband, LLC d/b/a Wave Franchise – Introduce No action – introduce only. E. Telecommunications Franchise with MCIMetro Access d/b/a Verizon Access Transmission Services – Ordinance – Adopt Ordinance No. 4253 was adopted, establishing a 10-year franchise agreement with MCIMetro Access d/b/a Verizon Access Transmission Services, subject to final approval by the City Attorney. F. 2018 Mid-Biennium Budget Adjustment – Set Date for Second Public Hearing Council set October 17, 2017, for the second public hearing of the 2018 Mid- Biennium Budget Adjustment at the regular City Council meeting. G. 2018-2023 Capital Improvement Plan – Set Date for Second Public Hearing Council set October 17, 2017, for the second public hearing of the 2018-2023 Capital Improvement Plan at the regular City Council meeting. Page 6 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval H. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Date for Public Hearing Council set October 17, 2017, 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 updated Capital Facilities Plans of the Auburn, Kent, Federal Way and Highline School Districts, the City’s 2018-2023 Capital Improvement Plan, and changes to adopted school impact fees. I. 2017 Tax Levy for 2018 Budget - Set Hearing Date Council set October 17, 2017, for the public hearing on the 2017 tax levy for the 2018 budget at the regular City Council meeting. J. South 224th Street Improvement from 88th to 94th Condemnation Ordinance – Adopt Ordinance No. 4254 was adopted, authorizing the condemnation of property or property rights necessary to construct the S. 224th St. Improvement from 88th to 94th Project. K. Goods and Services Agreement with Western Systems, Inc. for Traffic Signal Cabinets – Authorize Mayor was authorized to sign a Goods and Services Agreement with Western Systems, Inc. for the purchase of traffic signal cabinets and lighting panels in an amount not to exceed $119,103.60, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. James Street Pump Station – Accept as Complete Mayor was authorized to accept the James Street Pump Station Project as complete and release retainage to Rodarte Construction, Inc., upon receipt of standard releases from the state and the release of any liens. 8. Other Business None. 9. Bids None. 10. Reports from Standing Committees, Council and Staff Council President’s Report – Council President Boyce provided a brief recap of the presentations from tonight’s workshop that included an update on financial policies, a presentation of the Adaptive Recreation Program, and an update of the recently issued FEMA remapping. Council President Boyce conveyed that the Kent Black Action Committee will host a candidate’s forum on Friday, October 13, 2017, at the Kent Commons from 6-9 Page 7 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval p.m. The forum will be for the Kent Mayoral candidates, the Kent School Board candidates and the King County Sheriff candidates. Additionally, on October 20, 2017, the Kent Black Action Committee will host an event for the City Council candidates from 6-9 p.m. at the Kent Commons. Mayor Cooke - Mayor Cooke advised of the Mayoral Candidate Forum that is being hosted by the Kent Cultural Communitie3s Board. October 10 @ 7 p.m. at Kent Meridian High School in the East Wing. Administration – Derek Matheson, Chief Administrative Officer, highlighted the special workshop scheduled for Thursday, October 19, 2017 at 5 p.m., to brief the City Council on the Morrill Meadows/YMCA project including the related budget, project management, and new market tax credit. Derek advised that the City will be emphasizing LEAN projects and the Council will be briefed during a December 12, 2017, workshop. Derek Matheson advised that there is an Executive Session tonight to discuss potential litigation and is expected to last 10 minutes without any action following the session. Economic and Community Development – Council President Boyce – No report. Operations – Councilmember Ralph advised that the committee recommended accepting a grant for DUI court. Parks and Human Services – Councilmember Fincher advised of the Special Workshop meeting to be held on October 19, 2017, at 5 p.m. to discuss the YMCA. The Parks and Human Services Committee will begin at a special time of 4:30 p.m. on October 19, 2017. Councilmember Fincher reviewed the upcoming Green Kent events. Visit KentWA.gov for more information. Public Safety – Councilmember Berrios – Next meeting is October 10, 2017. Reminded the public of the Kent Police Department community meeting on October 11, 2017, @ 7:30 p.m. at the Panther Lake Elementary. Public Works – Councilmember Higgins advised of the discussion regarding the Sound Transit preferred site and that the Council will be submitting a “will of the council” to Sound Transit. Meet me on Meeker design and construction standard are on a fast-track and will be before the council for consideration in November. Councilmember Higgins indicated the committee is working on options for Quiet Zone work. Page 8 of 9 Kent City Council Regular Meeting October 3, 2017 Minutes Kent, Washington Pending Approval Puget Sound Regional Fire Authority – Next meeting on October 4, 2017, at 5:30 p.m., at Station 78 in Covington. At 8:36 p.m., the Council went into Executive Session. 11. Executive Session and Action after Executive Session A. Potential Litigation, as per RCW 42.30.110(1)(i) At 8:48, the Council ended the Executive Session 12. Adjournment At 8:48 p.m., Mayor Cooke advised there is no action following the Executive Session and adjourned the meeting. Kimberley A. Komoto City Clerk October 3, 2017 Page 9 of 9 This page intentionally left blank. Agenda Item: Consent Calendar – 7B_ 7B. Approval of Bills: Approval of payment of the bills received through September 15, 2017, and paid on September 15, 2017. The Operations Committee audited the payment of bills on October 3, 2017. Approval of checks issued for vouchers: Date Check Numbers Amount 09/15/17 Wire Transfers 7232-7249 $2,183,366.55 09/15/17 Regular Checks 717480-717787 $1,256,334.60 09/15/17 Payment Plus $193,511.20 Void Checks $0.00 09/15/17 Use Tax Payable $3,632.36 $3,636,844.71 Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2017: Date Check Numbers Amount 9/20/2017 Checks 0 $0.00 Voids and Reissues 9/20/2017 Advices 394475-395380 $1,627,897.65 $1,627,897.65 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: October 17, 2017 SUBJECT: Ordinance Accepting Transfer of Control of Astound Broadband to Radiate Hold Co – Adopt SUMMARY: Pursuant to state law, the City cannot pass a franchise ordinance the same day it is introduced. Although this is an indirect change of control of an existing franchise, staff recommended introducing the indirect change of control of the franchise at the October 3, 2017, meeting and setting it up for passage at the October 17, 2017, meeting. On April 7, 2015, the City adopted Ordinance No. 4144, effective April 15, 2015, granting a nonexclusive telecommunications franchise to Astound Broadband, LLC d/b/a Wave (“Franchisee”) to operate a telecommunications system within the City. On May 18, 2017, Radiate Holdco, LLC (“Radiate”) entered into an agreement to acquire all of the outstanding membership interests of Wave Holdco, LLC, which is the parent company of Franchisee. This is considered an indirect change of control because the transaction occurs on the parent company level and the franchise itself will continue to be held by Astound. Section 28 of the franchise requires that the City approve the indirect transfer of control. Following this indirect change of control, the Franchisee will continue to remain bound by the terms of the franchise and will continue to remain responsible for the obligations within the franchise. The consent of the City to the indirect change of control shall not constitute a waiver or release of any rights the City may have under the franchise. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph, Boyce, Thomas NAY: BUDGET IMPACT: No impact – transfer of control only MOTION: Adopt Ordinance No. , approving the indirect change of control of Astound Broadband, LLC d/b/a Wave Franchise. This page intentionally left blank. 1 Ordinance – Change of Control- Astound Broadband to Radiate Holdings ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the indirect change of control of Astound Broadband, LLC d/b/a Wave with conditions and establishing an effective date. RECITALS A. On April 7, 2015, the City of Kent (the “City”) adopted Ordinance No. 4144 granting a nonexclusive telecommunications franchise to Astound Broadband, LLC d/b/a Wave (the “Franchisee”) to operate a telecommunications system (the “System”) within the city limits of the City of Kent, with an effective date of April 15, 2015 (the “Franchise”); and B. Franchisee is a wholly-owned, indirect subsidiary of Wave Holdco, LLC, a Delaware limited liability company (“Wave Parent”); and C. On May 18, 2017, Radiate HoldCo, LLC, a Delaware limited liability company (“Radiate HoldCo”), Wave Parent, and WaveDivision Holdings, LLC, a Delaware limited liability company controlled by Wave Parent, entered into a definitive agreement pursuant to which Radiate HoldCo will acquire Wave Parent from its current majority owners (the “Transaction”); and 2 Ordinance – Change of Control- Astound Broadband to Radiate Holdings D. Radiate HoldCo is a wholly-owned, indirect subsidiary of, and is controlled by, Radiate Holdings, L.P. a Delaware limited partnership (“Radiate Parent”); and E. As a result of this Transaction, Radiate Parent will acquire ownership of Wave Parent and control of the Franchisee; and F. Section 28 of the Franchise requires that the Franchisee receive the consent of the City for any indirect change of control including such indirect change of control that will occur as a result of this Transaction; and G. The consent of the City to the indirect change of control that will occur as a consequence of the closing of the Transaction shall not constitute a waiver or release of any rights the City or Franchisee may have under the Franchise; and H. The City Council deems it to be in the public interest to grant the requested consent; NOW THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Consent. The City hereby consents to the indirect change of control that will occur as a consequence of the closing of the Transaction and in accordance with the terms of applicable law, subject to and contingent on the fulfillment of the conditions set forth in Section 2. SECTION 2. - Section 1 of this Ordinance is contingent on the fulfillment of the following condition: Radiate Parent shall acknowledge that the indirect change of control will not affect, diminish, impair or supersede the binding nature of the Franchise and any other ordinances, 3 Ordinance – Change of Control- Astound Broadband to Radiate Holdings resolutions, and agreements, if any, applicable to the operation of the System in the City. Further, Radiate Parent shall acknowledge that the Franchisee shall remain responsible for any and all non-compliance issues, if any, under the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City that may have arisen prior to or that may arise contemporaneous with or after the closing of the Transaction. SECTION 3. – Following the indirect change of control and the City’s receipt of the written acknowledgement from Radiate Parent required by Section 2, the Franchise shall remain in full effect through the remainder of the Franchise term. The Transaction and the City’s consent to the indirect change of control do not modify the terms of the Franchise. Franchisee remains responsible for any obligations and liabilities under the Franchise. The City’s consent to the indirect change of control shall not be construed to constitute a waiver or release of any rights the City may have now or in the future under federal, state or local law, the Franchise, or any separate written agreements, if any, between the City and the Franchisee that relate to the Franchise. SECTION 4. – By consenting to this indirect change of control, the City expressly reserves and does not waive or release any rights of the City in and to the rights-of-way as provided by state law and the Kent Municipal Code, nor does the City waive or release any claim or issue of non-compliance it may have, known or unknown, now or in the future related to the Franchise. SECTION 5. – Written acknowledgement as provided in Section 2 has been filed by Radiate Parent with the City Clerk. If any of the construction and completion bonds, security funds or insurance are amended as a result of the indirect change of control, then Franchisee shall file with the City Clerk such revised bonds, security funds or evidence 4 Ordinance – Change of Control- Astound Broadband to Radiate Holdings of insurance within sixty (60) days of the date of the closing of the Transaction. SECTION 6. – To the best of the City’s knowledge and belief, there are no existing facts or circumstances that with or without the giving of notice or the passage of time, or both, would constitute a default of any term or condition of the Franchise. SECTION 7. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. – 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 9. – Effective Date. This ordinance shall take effect and be in force five days after its publication as provided by law. SUZETTE COOKE, MAYOR Date Approved ATTEST: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted Date Published 5 Ordinance – Change of Control- Astound Broadband to Radiate Holdings APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY STATEMENT OF ACKNOV/LEDGEMENT WHEREAS, the City Council of the City of Kent, Washington, has acknowledged the pending transaction (the "Transaction") between Wave Holdco, LLC, WaveDivision Holdings, LLC ("V/ave"), the parent companies of Astound Broadband dlbla Wave ("Franchisee"), and Radiate Holdco, LLC, a wholly-owned, indirect subsidiary of Radiate Holdings, L.P. ("Radiate") and has consented to the resulting indirect change of control of the Franchisee, the holder of the telecommunications franchise (the "Franchise") issued by the City to the Franchisee as Ordinance No. 4144. NOW', THEREFORE, Radiate, hereby acknowledges said Franchise and all the terms and conditions thereof, and files this, its written acknowledgement of the indirect change of control of the Franchisee. Radiate hereby acknowledges that the indirect change of control will not affect, diminish, impair or supersede the binding nature of the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City. Radiate hereby agrees that, Franchisee will comply with the Franchise, and remain subject to the Franchise, the Kent Municipal Code and all applicable federal and state laws, lawful orders, contracts, agreements, commitments, and regulatory actions. Radiate affirms that all bonds, security funds and insurance required by the Franchise remain in full effect and in place. Further, Radiate acknowledges that the Franchisee shall remain responsible for any and all non-compliance issues, if any, under the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City that may have arisen prior to or that may arise contemporaneous with or after the closing of the Transaction. This Statement of Acknowledgement is contingent upon the consummation of the Transaction. IN TESTIMONY V/HEROF, Radiate, has caused this written ofStatement /bîrl of Acknow RADIATE HOLDINGS, L.P to be executed in its name by its duly authorized officer on this day 20t7. By: Name Printed: Jeffrev Kramp Title: EVP. Secretarv & General Counsel lørsr /6 ,2017 {ERZ1ó13652.DOC; l/0000s.0S0026/ } 6 srArE o, lÉrrl Ø - ,' ) couNrYoFM ' ì"' I certify that I know or have satisfactory evidence that person who appeared before me, and said person acknowledged that he this the acknowledged it as the østatedheauthorized to execute the instrument and to be the free and voluntary act of such party for the uses purposes in the instrument. DATED: on Received by the City of Kent on By c' (ì r'1 Printed Notary Public in and My appointment expires .2017 City ly Komoto LISAA. PALLADINO NOTARY PUBLIC SÍATE OF NEWJERSEY iIYCOMMISSION EXPIRES FEB.18,2021 {ERZI 613652.DOC; l/0000s.0s0 Ozet 17 This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: October 17, 2017 SUBJECT: Reappointments to the Kent Arts Commission – Confirm SUMMARY: Confirm reappointment of Christy Caravaglio, Tonia Goodwillie, Susan Machler, Linda Mackintosh, Hal O’Brien and Suzanne Smith to the Kent Arts Commission for additional four-year terms that will expire October 31, 2021. Christy Caravaglio requested reappointment to the Arts Commission. Christy is a Panther Lake area resident who is a community arts advocate. She serves as chair of the Kent Downtown Partnership’s art committee that provides us with Kent’s Third Thursday Art Walk and also serves on the South King County Cultural Coalition (SoCo). Christy has served as the art docent coordinator for Glenridge Elementary School and was president of the Glenridge PTA. Christy has a Bachelor of Fine Arts from Alfred University in New York. I am pleased she chooses to apply her passion for the arts in serving the public through the Kent Arts Commission. Tonya Goodwillie requested reappointment to the Arts Commission as she has thoroughly enjoyed the Commission and is honored to be a part of a group of people that are dedicated to arts in the Kent community. She remains dedicated to the commission and looks forward to furthering her knowledge of how to serve the Kent community even more. Susan Machler requested reappointment to the Arts Commission having enjoyed her time as a commissioner. She finds each meeting a confirmation that Kent is a leader in building the entire community, including the appreciation and support of arts and cultural activities. In the larger community that has loud and negative voices about how public commitment to art is a waste of taxpayer dollars, she is proud that the city of Kent continues to make visual and performance art available to the Kent community. Linda Mackintosh requested reappointment to the Arts Commission to continue her work for the Kent Community. Linda has enjoyed her experience and time serving as an Arts Commissioner and is delighted that the city of Kent makes such a valuable investment in the Kent Community. Hal O’Brien requested reappointment to the Arts Commission. Hal is a Mill Creek resident who has a long standing interest in the arts. Hal is an avid photographer, has sung in choirs starting in the 4th grade until after college and enjoyed acting in plays during his high school and college years. Hal loves to travel and makes sure he experiences art galleries around the world. Hal believes very strongly in the potential MOTION: Confirm the Mayor’s reappointment of Christy Caravaglio, Tonia Goodwillie, Susan Machler, Linda Mackintosh, Hal O’Brien and Suzanne Smith to the Kent Arts Commission for additional four-year terms. of the arts in making communities more convivial - being a source of both aspiration and fulfillment. Suzanne Smith requested reappointment as she believes representation on city commissions from all geographic areas of Kent is important to civic engagement of these communities. She believes the Arts Commission is instrumental in making art a part of our daily lives with installations throughout the city and city parks, which improves our quality of life and enhances an aesthetic environment for all residents of Kent. She will continue the wonderful work the commission does so residents can enjoy live performances through our Spotlight Series and the summer concerts series. In addition, and most importantly, introducing Kent's children to art, music, and theater with our children’s Wednesday Picnic Performances during the summer and Kids Arts Day. RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: October 17, 2017 SUBJECT: Sounder Access Improvement Project Recommendation – Authorize SUMMARY: Sound Transit restored funding for the Kent Station Access Improvements project in 2016; the project was initially authorized in 2008, and suspended in 2010 as a result of the recession. A new parking structure is the main project component, but pedestrian and non-motorized improvements will be included as well. ECD staff continues to partner with Sound Transit staff to ensure that the project is consistent with City of Kent long-term goals and that implemented improvements enhance the character of Kent’s downtown. Sound Transit engaged in extensive public outreach including open houses, stakeholder meetings, and a technical advisory committee to guide selection of site alternatives. Staff worked with Sound Transit staff and consultants to narrow the list of alternatives to four sites. Based on the findings of Sound Transit’s alternatives analysis, alignment with city vision and goals, stakeholder, community, , staff and Economic and Community Development Committee recommendations, the City Council recommends Site 3 for the parking garage location. EXHIBITS: Draft letter to be submitted to Sound Transit Board of Directors; Sound Transit Kent Sounder Station site map RECOMMENDED BY: Economic & Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: N/A MOTION: Authorize the Mayor and Council President to submit a letter on behalf of the City to the Sound Transit Board of Directors recommending “Site 3” as the location for the Sounder Access Improvements project parking garage. This page intentionally left blank. KENT OFFICE OF THE MAYOR Suzette Cooke, Mayor 22O4th Avenue South Kent, WA 98032 Fax: 253-856-6700 o O) < =p C OJYj =3 o October \I, 2OI7 PHONE: 253-856-5700 Sound Transit Board Members 401 S. Jackson Street Seattle, Washington 98104 Re: Sound Transit Sounder Access Improvements Project Dear Sound Transit Board Members: We are writing to express our support for Site 3, depicted in the attached map/ as the preferred location for the second Sounder garage and non-motorized access improvements in downtown Kent. We submit this letter for your consideration in advance of the November 16 Sound Transit Board meeting, at which you are scheduled to select the Board's preferred alternative. We recommend Site 3 because it optimizes opportunities to advance our community's vision for our downtown as a transit-oriented and pedestrian-first environment. It promotes the use of transit by a) integrating with existing transit infrastructure, b) offering sufficient space and des¡gn flexibillty to maximize the number of new parking spaces constructed, c) increasing convenience for our many East Hill commuters, and d) opening up new opportunities for improved pedestrian and bicycle connections. We offer the following reasons for our recommendation Stakeholder interests City staff worked alongside nearby business and property owners, transit users, and neighbors as they debated the merits of each of the sites. Overwhelmingly, stakeholders and members of the public participating in open house events preferred Site 3 for the parking garage and access improvements. Access from neighborhoods to the east Sound Transit's ridership data show that most Sounder riders in Kent come from the east side of the railroad tracks. The existing garage is on the west side, requiring commuters from the east to cross the railroad tracks before parking. These riders are all-too:often delayed in getting to their parking space or on their return home when they have to stop for trains blocking the intersections at E Smith and E James Streets To ease the impact of blocking trains, and reduce congestion and travel time to the parking garage, the City has been interested in seeing Sound Transit build a new garage on the east side of the railroad tracks, Site 3 meets this need, Connection to Kent's transit center Kent is pleased to see transit ridership continue to grow, We are seeing more and more standing-room-only trains, as Sound Transit reports rapid and sustained growth in ridership on the Sounder commuter rail. Meanwhile, King County Metro also continues to see growth in the use of its bus routes. This rapid growth underscores the importance of integrating new transit infrastructure with existing facilities to create a cohesive, multi-modal "transit center" in Kent's downtown. Mnvon Suzrrre Coorr King County Metro has already targeted portions of Site 3 for pedestrian access improvements, including sidewalk and lighting upgrades. Adopting Site 3 as the preferred site for the new parking garage and non-motorized access improvements will help to ensure that investments by the two transit agencies are well-coordinated and take advantage of potential efficiencies. Transit-Oriented Development (TOD) Kent's vision for Downtown includes a mix of retail, commercial and residential uses in the form of transit-oriented development (TOD) in close proximity to high-capacity transit. Some sites evaluated during the alternatives analysis phase of this process may be feasible for a garage from an engineering and design perspective, but could use land that would be more valuable as TOD. Based on an evaluation by Sound Transit's TOD experts, Site 3 is unlikely to attract TOD. This is due in part to the proximity of portions of the site to the railroad tracks and its distance from amenities. Therefore, the risk of displacing future opportunities for TOD would be relatively low for Site 3. Opportunities to improve compatibility of close-in properties We recognize the presence of agricultural processing and industrial uses in Kent's history, but Kent's Downtown has evolved since the 1940's and 1950's, Warehousing and distribution uses are no longer compatible with the vision of transit-oriented development, Siting a parking garage and non-motorized access improvements on "Site 3" could integrate the site currently occupied by the Washington Cold Storage facility with surrounding mixed-use development. The City of Kent anxiously awaits the realization of the Sounder Access Improvements Project at the Kent Sounder Station in our downtown. This package of improvements, and particularly the parking garage¡ has been much anticipated since its initial authorization through the public vote for Sound Transit 2 funding in 2008. We appreciate the consideration the Board gives to the interests of the local jurisdictions affected by Sound Transit projects, and look forward to working with you and your staff as this project moves forward. Sincerely,Sincerely, Suzette Cooke Mayor Bill Boyce Council President W James Street W James Street E James Street E James Street W Smith Street W Meeker Street E Meeker Street W Smith Street E Smith St r e e t N e v A h t4 N e v A h t 4 N e vA h t 4 6t h A v e N N e v A d n 2 W Harrison Street E Smith Street Pioneer Street N e v A d a o r l i a R N e v A t s 1 N e v A t s 1 N e v A d n 2 N e v A d r 3 S t a t e A v e N Ce n t r a l A v e N S t a t e A v e N Ce n t r a l A v e N N e v A d a o r l i a R S t a t e A v e N Ce n t r a l A v e N K e n n e b e c k A v e N Ramsay Way Mill Creek Middle School Green River Community College Maleng Regional Justice Center Scenic Hill Neighborhood Mill Creek Neighborhood Existing Garage Intersections Analyzed 100 Feet 5 7 4 3 6 2 1 8 DRAFT for Discussion Purposes Only Potential Garage Sites Considered - Kent Kent and Auburn Station Access Improvements – April 18, 2017 Kent StationSiteFor Further Analysis Site Not For Further Analysis Legend 1 2 34 5 This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: October 17, 2017 SUBJECT: Yakima County Inmate Housing Interlocal Agreement – Authorize SUMMARY: For purposes of population management, the City of Kent Corrections Facility has a need to transport inmates to another facility. This interlocal agreement is between Kent and Yakima County for the housing of Kent inmates, as Kent may need, during 2018. The agreement includes inmate transportation to and from Yakima County. This agreement will renew annually for up to 5 years (December 31, 2022) unless there is a written notification from one party to the other that they wish to terminate the contract at the end of the current calendar year. Such notification will be sent to the receiving party no later than October 1st of the current year. EXHIBITS: Interlocal Agreement for Inmate Housing Budget Impact: Budgeted for 2018 RECOMMENDED BY: Public Works Committee YEA: Berrios, Ralph, Thomas NAY: Budget Impact: Budgeted for 2018 MOTION: Authorize the Mayor to sign an Interlocal Agreement with Yakima County for the purpose of housing Kent inmates as the City may need, during 2018, subject to final terms and conditions acceptable to the City Attorney and Police Chief. This page intentionally left blank. YAKIMA COUNTY DEPARTMEI{T OF CORRECTIONS III North Front Street Yqkima, Wøshington gSg0t (50g) 574-1700 September L4",2017 Diane McCuistion, Jail Commancler Kent Correctional Facility 1230 South Central Avenue Kcnt, WA 98032 RE: 2018 Housing Agreement Renewal Notification Dear Commander McCuistion: 1'his letter will serve as your official written notification of the inmate housing rate increase for the upcoming year. The increase is approxiinately 47o and, is primarily due to an increase in our overall departrnent services. Yakima County DOC will see an annual increase of $680,000 in Medical Services, $125,000 in Mental Health scrvices, and a 47o wage increase over the next tw,o years (2018-2019). This will also allow us to alig'n both the Local & Non-Local agreements under the same slicling'rate scale. I havc inscrl-ed language tlrat providcs aconf.inuous term instead o[annual renewals, exceptwhen tllere is a ratc increase and/or language clnnge. 1'he new language reads as follows: This agreement will renew arnually for up to 5 years (December 31, 2022) unless there is writen notifrcation from one patty to the other that they wish to terminate the conûact at the end of the cwrent calendar year. Such notifrcation will be sent to the receiuingpañy no later than October I of the curent year." Enclosed you will fin<t (2) originals agreements. Please llavc thcm bot]r signcd and forwarded back lo my attention at your earliest convenience. Once our Board of County Commissioners has signed the agreements, a fully executed original will,be returned to you. I lrave chosen tt¡ send this notice out earlier tlris ycar in an cffort to allow for any lcgal revicw ancfor approval that may be required prior to signing. Please clo not hesital-c to contact me if you have any que stions. I can bc reache d al 57 4-1758, or you can conlact Sanrlra Bess at 57 4-1704. Looking forward to another successful year of working together! Respecfull trd \M. Campbell, Director trC:sb C: City Notebook Service, P ride, Integríty AGREEMENT FOR INMATE HOUSING 2018 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between Yakima County (hereinafter the "County") and the City of Kent (hereinafter the "C¡ty"). WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into a contract for inmate housing, and WHEREAS, the City desires to transfer custody of ceftain of its inmates to the County to be housed in the County's corrections facilities during those inmates' confinement, and to compensate the County for housing such inmates, and WHEREAS, the County desires to house inmates who would be otherwise in the C¡ty's custody on the terms agreed herein. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose and intent of this Agreement is to establish the terms under which the County will house City inmates. 2, Definitions. Business day means Monday through Friday excluding Yakima County standard holidays. Committing Court means the couft that issued the order or sentence that established the City's custody of a City Inmate. Detainer - A legal order authorizing or commanding another agency a right to take custody of a person. City Inmate means a person subject to City custody who is transferred to County custody under this Agreement 3. General Provisions. The County shall accept City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates in the same manner as it provides housing, care and custody to its own inmates. The County shall manage, maintain, and operate its corrections facilities in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, the County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the City, if the Inmate has a current illness or injury that is listed in Attachment A - Medical Acceptability. The County shall provide notice to the City at least one business day prior to transport. 5. Inmate Transpoft, County Transpofted: The County shall transport Inmates to and from the County's corrections facilities except when weather or other conditions beyond the County's control prevent transport. Inmate transport dates will be determined by the amount of inmates the City has housed with the County. Agreement for Inmate Housing -- 2018 Page 1 The County will pick up and drop off Inmates at a mutually agreed upon destination. In the event the City wishes the County to pick up and/or drop off a City Inmate at another detention or correction facility, the City shall notiff the County of the location of the Inmate for pick up and/or drop off. The City shall provide a written inmate transpoft list to the County the business day prior to transpoft. At the time of scheduling transpoft if possible, but no later than transport pickup, the City shall provide to the County the warrant or court order detaining or committing the Inmate, as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. Citv TransooÉed: The City will provide the County a written transport list to the County the business day prior to delivery. At the time of delivery, the City shall provide the County the warrant or court order detaining or committing the inmate as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. 6. Inmate Records. The City shall provide all medical records in its possession to the County's transport officers prior to the Inmate's departure from the C¡ty's detention or designated detention facility. In the event the Inmate is transported by the City, the City shall provide all medical records in its possession to the County's booking officer. In the event additional information is requested by the County regarding a particular Inmate, the County and City will mutually cooperate to provide the additional information needed. 7. Inmate Property. The County shall accept and transport Inmate propefi in accordance with Attachment B - Propefi, and shall be responsible only for inmate propefi actually delivered into County possession. The County shall hold and handle each Inmate's personal propefi in the same manner it holds and handles propefi of other County inmates. In the event a City Inmate is being transpofted from a City designated detention or correction facility, it will be the responsibility of the City to dispose of the Inmate's propefi not delivered and accepted into County possession. When returning Inmates to the City, the County shall transpott Inmate propefi according to the provisions of Attachment B - Propefi, and it shall be the responsibility of the County to dispose of any of the Inmate's propefi not transported with the Inmate. 8. Booking. Inmates shall be booked pursuant to the County's booking policies and procedures. Inmates transported by the City that are not acceptable at booking, will be the responsibility of the City to transport back to City. Pursuant to RCW 70.4B.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third pafi billing. The County and City will attempt to develop a process at City detention facilities for pre-booking Inmates who are being transferred to the custody of the County. Agreement for Inmate Housing -- 2018 Page 2 9. Classification. Inmates shall be classified pursuant to the County's classification policies and procedures, and within the sole discretion and judgment of the County. The City shall provide information identified in Attachment C - Classification, of this Agreement. 10, Housing, Inmates shall be assigned to housing pursuant to the County's policies and procedures, and within the sole discretion and judgment of the County. Provided however, that generally, if a City Inmate's classification qualifies him/her to be housed in the Yakima County Corrections Center, and there is a bed available at the Yakima County Corrections Center, the Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general provision include circumstances such as: 1) No women are housed at the Yakima County Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail or Annex; 3) Ceftain programs are available only to Inmates housed in the Main Jail or Annex; 4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or Annex. 11. Inmate Work Programs. The County may assign Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties. 12. Health Care. The County shall provide in-facility medical care commonly associated with county corrections operations as guided by American Correctional Association or National Commission on Correctional Health Care standards. Inmates shall be responsible for co-payment for health seruices according to County policy. The City shall not be responsible to the County for Inmate co-payments. No Inmate shall be denied necessary health care because of an inability to pay for health services. The County shall notify the City's designee(s) via e-mail or fax if a City Inmate requires medical or dental treatment at an outside medical or health care facility. The City shall be responsible to promptly notiff the County of any changes in its designee(s). The City shall pay for all medical, mental health, dental or any other medical seruices that are required to care for the City's Inmates outside YCDOC facilities. Except, the County shall bear the expense of any such medical care necessitated by improper conduct of the County, or of its officers or agents. The County shall notiff the City as soon as reasonably possible before the Inmate receives medical and/or dental treatment outside of YCDOC facilities. The City acknowledges that such notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses, and shall not be a basis for imposing financial responsibility for related medical expenses on the County. Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 13. Inmate Discipline. The County shall discipline Inmates according to the same policies and procedures under which other County inmates are disciplined. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable County inmate, up to and including the removal of earned early release credits as approved by the City. 14. Removal from County Facilities, Except for work programs or health care, and during emergencies, Inmates shall not be removed from County facilities without written authorization from the City or by the order of any couft having jurisdiction. Other jurisdictions Agreement for Inmate Housing -- 2018 Page 3 may "borrow" a City Inmate only according to the provisions of Attachment D - Borrowing. In the event of the Inmate's emergency removal, the County shall notify the City by email or fax as soon as reasonably possible. No early release or alternative to incarceration, including furloughs, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this Agreement. 16. Inmate-Attorney Communication. Confidential telephones or visitation rooms shall be available to inmates to communicate with their attorneys. 17. Inmate Accounts. The County shall establish and maintain an account for each Inmate. The County shall ensure family members and others have a reasonable process to add funds to a City Inmate's account, Upon returning custody of a City Inmate to the City, the County shall transfer the balance of that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of a check or a debit card in the name of the Inmate. In the event the County contracts with a company/business that furnishes technology for wireless inmate account crediting (such as Keefee or JPAY) the City may allow the County (or County's contracted representative) to install the equipment necessary for use of the system. The City shall not be financially responsible for any aspect of the system, including but not limited to installation or maintenance costs. The City shall not receive any compensation or profits for such a system. 18. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E - Detainers. 19. Releases. The City shall be responsible for computing and tracking all sentence time calculations, good time, court dates and release dates. Inmates will be released in accordance with Attachment F - Inmate Release. The County shall not transfer custody of a City Inmate housed pursuant to this Agreement to any party other than the City, except as provided in this Agreement or as directed by the City. 20. Escape. If a City Inmate escapes County custody, the County shall notify the City as soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain custody of escaped City Inmates, and shall assume all costs connected with the recapture of the City Inmate. 21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's body. Unless another agency becomes responsible for investigation, YCDOC shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or othenryise facilitate the City's communication with and receipt of reports from the other agency. The City shall provide the County with written instructions regarding the disposition of the City Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment of the body. The Cíty may request in writing that the County arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associate with this Agreement for Inmate Housing -- 2018 Page 4 request. Except, the County shall bear such expenses necessitated by improper conduct of County, or its officers or agents. 22. RepoÉing Requirements. Ordinarily on business days, the County will deliver the following reports to the JAG, which will disseminate them to the City: Here Now Report - a report detailing City inmates in YCDOC custody. Housing Repoft - a repoft detailing which city inmates are housed at the Yakima County Corrections Center. Custody Repoft - a repoft of total inmate populations confined at all YCDOC facilities. It includes current and historical safety and population data. Special Housing Report - Identifies city inmates who are in special housing assignments. 23. City's Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect County correction facilities where City Inmates are housed at reasonable times. During such inspections, the City may interview its Inmates and review its Inmates' records. The City shall have no right to interview inmates housed for other jurisdictions or to review their medical records, unless it is properly authorized to do so by the inmate or the other jurisdiction. 24. Technology. The County and City may each permit the other continuous access to its computer database regarding all City Inmates housed by the County. This continuous access feature may be accomplished through a computer link between a compute(s) designated by the City and appropriate computer(s) of the County. By separate mutual agreement, the County and City may provide video conference capabilities for personal visiting, professional visiting, pre-trial conferences, arraignments and other court and conferencing needs. Bed Rate. In consideration of Yakima County's commitment to house City Inmates, the City shall pay the County based on the Monthly Average Daily Population (MADP) sliding scale: Monthly Average DaÍIy Population (MADP) DaÍIy Rate Per fnmate 151 - above $53.85 t26-t50 854.85 tot-t25 $55.85 76-lOO $56.85 5r-7 5 $57.85 26-50 $58.85 o-25 $5e.85 Agreement for Inmate Housing -- 2018 Page 5 The Bed Rate includes all in-facility medical, dental (if available), and mental health services. In the event an inmate requires out of facility medical, dental or mental health seruices, the City shall be responsible for the cost of the seruices. The County shall not charge a booking fee in connection with housing the C¡ty's Inmates. The City may purchase additional beds, as available, at the then- existing bed rate; however, the County shall have the right to refuse to accept custody of or house inmates in excess of the City's minimum bed commitment. The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. This daily rate is established for 2018. Yakima County reserues the right to increase the daily rate with the understanding that they will provide the City of Kent ninety (90) days written notification prior to said increase. 25. Billing and Payment. The County shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into the County and date and time released from the County and itemization of any additional charges including a description of the service provided, date provided and reason for service. The County shall provide said statement for each month on or about the 10th day of the following month. Payment shall be due to the County within (30) days from the billing date, The CounV may bill the City electronically. Payments not received by the 30th day shall bear interest at the rate of 1olo per month until payment is received. The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 26. Duration of Agreement. This agreement will renew annually for up to five (5) years (December 3L, 2022) unless there is written notification from one paty to the other that they wish to terminate the contract at the end of the current calendar year. Such notification will be sent to the receiving pafi no later than october lst of the current year. 27. Independent Contractor. In providing services under this Agreement, the County is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of seruices under this Agreement give rise to any claim of career seryice or civil seruice rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. 28. Hold Harmless, Defense, and Indemnification. The County shall hold harmless, defend, and indemniff the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate propety while in County custody) that result from or arise out of the acts or omissions of County, its elected officials, officers, employees, and agents in connection with or Agreement for Inmate Housing -- 2018 Paqe 6 incidental to the peformance or non-performance of the County's seruices, duties, and obligations under this Agreement. The City shall hold harmless, defend, and indemnify the County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate propefi while in County custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City's seruices, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and the County in connection with or incidental to the peformance or non-performance of the City's and or County's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the City and County shall each be liable for its proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this Section or this Agreement shall be construed to create a right in any third pafi to indemnification or defense. The County and City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 29. Insurance. The County and City shall provide each other with evidence of insurance coverage, in the form of a ceftificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set fofth in this Agreement. The County and City shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 30. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between the County and City with ninety (90) days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected C¡ty Inmates. B, Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at Yakima's facilities present an imminent risk of serious injury or death to the City's Inmates flmperiling Conditions]; 2) the City has sent County written notice by ceftified mail, return receipt requested describing with reasonable specificity the Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the pafties agree in writing to a longer period, shall be no more than 30 days after the County receives the City's notice. Termination under this Agreement for Inmate Housing -- 2018 Page 7 provision shall be effective if and when: 1) after at least 30 days, the County has not cured the Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the County formal written notice of final termination under this provision. After Termination under this provision the City shall have no further financial obligations under this Agreement. C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the other party is in material breach of any term of this Agreement; 2) the terminating party has sent the breaching party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching paty has failed to cure the breach within ninety (90) days, unless the parties agree in writing to a longer cure period. Termination shall be effective upon and the City shall have no fufther financial obligations under this Agreement from the date of removal of its Inmates from the Yakima Facility or County's receipt of final notice that City is terminating the Agreement after the expiration of the cure period, whichever occurs last. 31. Real or Personal Property. It is not anticipated that any real or personal propefi will be acquired or purchased by the parties solely because of this Agreement. 32. Equal Oppoftunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 33. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of County stated herein. 34. Non-Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 35. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 36. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in King County 37. Approval and Filing. Each pafi shall approve this Agreement by resolution, ordinance or othenryise pursuant to the laws of the governing body of each party. The attested signatures of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Agreement for Inmate Housing -- 2018 Page 8 38, General Provisions. Unless othen¡rise agreed in writing executed by both pafties, on and after January I, 20L8, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and the County under which the County houses City Inmates, and no other oral or written agreements between the parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either pafty unless such change or addition be in writing and executed by both parties. The CounÇ shall not delegate its duties peftaining to housing City Inmates without the written consent of the City, which consent shall not be withheld unreasonably. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event the County or City defaults on the performance of any terms of this Agreement and files a lawsuit, the prevailing pafi shall be entitled to an award of its reasonable attorney fees, costs and expenses. This Agreement may be executed in any number of counterparts. 39. Notices. Unless stated othenryise herein, all notices and demands shall be in writing and sent or hand-delivered to the parties to their addresses as follows: TO CITY:Diane McCuistion, Jail Commander Kent Correctional Facility 1230 South Central Avenue Kent, WA 98032 TO COUNTY: Ed Campbell, Director Yakima County Department of Corrections 111 Nofth Front Street Yakima, WA 98901 Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses fied above Agreement for Inmate Housing -- 2018 Page 9 Tl]¡ llt CITY OF KENT, WASHINGTON City Clerk By: By Attest: City Mayor Date: Approved as to form By: City Attorney Agreement for Inmate Housing -- 2018 Page 10 ATTACHMENT A MEDTCAL ACCEPTABILITY The County shall determine the medical and mental acceptability of inmates for transport using the following excluding criteria: 1. Blood or fluid present at an open wound site or bleeding from an open wound. 2. Signs of untreated broken bones or dislocated joints. 3. Any injury or illness requiring immediate or emergency medical treatment. 4. Unconsciousness. 5. Inmates unable to stand and walk under their own power. 6. Wheel chair bound individuals. 7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants. B. Signs of alcohol and/or drug withdrawal. 9. Bed bound individuals. 10. Individuals with attached IV or requiring IV medications. 11. Individuals requiring the use of oxygen tanks. 12. AMA (Against Medical Advice) from the hospital. 13, Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser-eye surgery and minor surgery may be evaluated on a case by case basis. 14. Post-operative persons who have follow up appointments within the next four weeks. 15. Wounds with drainage tubes attached. 16. Persons with permanent catheters. t7. Open and/or oozing bedsores. 18. Individuals requiring nebulizers who cannot obtain one. 19. Persons with Alzheimer's, dementia or other psychological conditions to the point where the inmate cannot perform activities of daily living C'ADL's') or who do not have the capacity to function safely within a correctional environment. 20. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 2L. Female inmates more than 5 months pregnant. Or any female inmate considered a high- risk pregnancy. 22. Persons undergoing chemotherapy andlor radiation treatment. 23. Persons undergoing dialysis. Agreement for Inmate Housing -- 2018 Page 11 24. 25. 26. 27. 28. 29. 30. 31. 32. Persons with the following untreated medical conditions: a) Heaft disease b) Seizures disorders c) Insulin dependent diabetes d) Cancer e) Asthma f) Psychosis g) HIV Positive or AIDS Persons who are HIV positive or have AIDS and are taking anti-viral medications. Persons taking Methadone, or Suboxone, a substitute for Methadone. Persons with suicidal ideations or gestures within the past 72 hours. Person, if prescribed, have not taken psychotropic medications for at least 72 hours. Persons who have attempted suicide within the last 30 days. Persons who have attempted suicide by overdose or ligature strangulation during current incarceration. Persons displaying current psychotic episode. Persons requiring CPAP machines as prescribed must be transported with the machine. Agreement for Inmate Housing -- 2018 Page 12 ATTACHMENT B PROPERTY County transport personnel will only accept Inmate propefi as follows: 1. The propefi shall be sealed in a single propefi bag no larger than a common paper grocery bag. 2. Money, valuables, and medications shall be placed in a clear envelope and sealed within the Inmate's propety bag. 3. Checks and documents (court, warrants, etc) shall be attached to the outside of the propefi bag. 4. The transpofting officer shall account for the property bag and funds being transported. Yakima County Department of Corrections transport personnel will not accept or transport the following : a) Backpacks, suitcases, etc. b) Unpackaged food products or food products in packaging that has been opened. c) Any type of weapon (includes pocketknives). d) Liquids. e) Any items that will not fit into the propefi bag. Ð Material deemed to be contraband. Yakima County will limit propefi returned with the Inmate to the City according to these criteria. Agreement for Inmate Housing -- 2018 Page 13 ATTACHMENT C CLASSIFICATION The City shall supply the County with the following Classification related information, if it known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If the City Inmate is an escape risk. Agreement for Inmate Housing -- 2018 Pase 14 2 ATTACHMENT D BORROWING One contracting city may "borrow" another contracting city's inmate as follows: 1. If a City requests the transpoft of another contracting City's Inmate from the County the requesting City must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies the County in writing (e-mail) of its approval, the County shall provide the requested transport. The County will complete a custody transfer form that lists all outstanding detainers. The custody transfer papenruork will accompany the inmate. Once custody of the City Inmate has been transferred to another agency, it is the responsibility of the requesting City to determine whether the City Inmate shall be returned to the custody of the County, and if so, the requesting City shall make all necessary and proper arrangements with the County and any agency with rights to custody of the Inmate, for the Inmate's return according to the terms of this agreement. The County will not track the CiÇ Inmate once he or she has left the County's facility. If the Inmate is returned to the custody of the County, the requesting City shall provide the County with sentencing/charge information. The City shall supply all pre-sentence, and post-sentence papenruork from agreeing agencies that authorized the borrowing of the Inmate. This will aid Yakima County in determining split billing and release dates. If the agency requesting to borrow a City Inmate is not in the "Contracting Agency," the requesting agency will be responsible to make all transport arrangements including all legal papenryork for the transport with the City of jurisdiction. The County will transpoft the City Inmate only to a King County city that also contracts with the County for Inmate housing. Inmates transpofted by the City, cannot be borrowed out of YCDOC. Agreement for Inmate Housing -- 2018 Page 15 3 4 5 6 7 1 2 ATTACHMENT E This attachment only applies to Inmates transpofted by the YCDOC. WARRANTS/OTH ER COURT ORDERS/ DETATN ERS The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other couft orders for confinement or detainers. When receiving a City Inmate, the Transport Officers shall review all paperwork provided by the City for all grounds to hold the Inmate and ensure that this information is entered into the County's JMS and is routed to the Out of County Transport Section Office Specialist. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will, upon receiving written permission (e mail) from the City, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However, Yakima County will not assume responsibility to serve any such warrants. b) If the City Inmate is subject to a warrant from a western Washington jurisdiction outside King County, YCDOC will release the Inmate at the location determined by written (e mail) agreement of the YCDOC and the City under Section 5 of this Agreement. c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction, YCDOC will send the Inmate to the custodial agency for that jurisdiction on the Mini-Chain. d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that provides for statewide extradition, YCDOC will either transport the Inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County, or will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini-Chain. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE) detainers shall be returned to the City, unless the County and City agree in writing (email) to some other course of action. Agreement for Inmate Housing -- 2018 Page 16 3 ATTACHMENT F INMATE RETEASE County transport personnel will release City Inmates as follows: 1 2 3 4 5 Inside a staffed correction or detention facility fiail). Inside a staffed police agency (sally port or other secured area). Outside of a Law Enforcement Agency when agency personnel, telephone access, and weather protection (lobby areas) are available to the released Inmate. The County does not transpoft on Mondays. City Inmates for whom bail is posted, or who otherwise have a right to be released may, by signed written waiver, choose to remain in custody and return to City by the regularly scheduled transport, or to be released to a family member or friend, or to the streets of Yakima. Inmates transpofted by CiW must be picked up at least l2-(twelve) hours prior to the inmate's scheduled release date and time. If the inmate is not picked up before the scheduled release time, the Inmate will be automatically scheduled to be transported, at the City's cost to include the addition of transport fees for all days serued, on the next available transport to the City. Agreement for Inmate Housing -- 2018 Page 17 6. 2018 Inmate Housing Agreement - City of Kent DONE this day of 2017 BOARD OF YAKIMA COUNTY COMMISSIONERS J. Rand Elliott, Chairman Ron Anderson, Commissioner Michael D. Leita, Commissioner Constituting the Board of County Commissiotærs for Yakima County, Washington Attest: Tiera L. Girard Clerk of the Board Approved as to form: Deputy Prosecuting Attorney This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: October 17, 2017 SUBJECT: Puget Sound Emergency Radio Network Lease Agreement – Cambridge Water Tank Site – Authorize SUMMARY: King County is requesting authorization to install wireless communications facilities at the Cambridge Tank site located at 3301 S. 264th Street, for the Puget Sound Emergency Radio Network. The equipment will be used to provide better service in King County. The obligation for King County to pay rent will commence after several conditions have been met, including the termination of the lease between the City and Valley Communications and the assignment of Valley Communication’s facilities to King County. Rent will be $4,320.00 per lease year and will increase by 15% of the then- current rental rate on each successive five year anniversary of the first full lease year. The term of this Lease will be for a period of 25 years. EXHIBITS: Lease Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: N/A BUDGET IMPACTS: The Water utility will receive revenue totaling $4,320.00 per year. MOTION: Authorize the Mayor to sign a lease agreement with King County to operate and maintain a wireless communication facility at the Cambridge Tank site for the Puget Sound Emergency Radio Network (“PSERN”), subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. King County Lease #: PSERN-12 King County Site Name: Cambridge LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") ís made by and between the CITY OF KENT,a Washington municipal corporation ("Landlord"), and KING COUNTY, a political subdivision of the State of Washington, having offices for the transaction of business at 500 Fourth Avenue, Suite 830, Seattle, Washington 98104 ("Tenant"), for a wireless communications facility located at 3300 S. 264th Street, Kent, Washington ("Cambridge Tank"). A, Kent, King "Property") BACKGROUND Landlord is the owner in fee simple of a parcel of land located in the City of County, Washington, legally described on the attached Exhibit A (the B. Landlord has leased a portion of the Property ("ValleyComm Lease") to Valley Communications Center, an administrative agency formed pursuant to RCW 39.34 ("ValleyComm"), for the installation and operation of a tower, shelter, fuel storage tank, utilities and associated equipment and improvements ("ValleyComm Facilities"). C. Tenant intends to acquire the ValleyComm Facilities listed in Exhibit D, and sublet space on the acquired ValleyComm Facilities back to ValleyComm and ValleyComm's tenants located thereon; simultaneously Landlord intends to terminate the ValleyComm Lease so that Tenant may lease the space on the Property on which the ValleyComm Facilities are located. D, Tenant desires to lease that portion of the Property depicted on the attached Exhibit B, together with nonexclusive access and utility easements, as described or depicted on the attached Exhibit C, to construct, operate and maintain a communication facility and associated equipment and improvements. E. Tenant plans to fund, procure sites for such communication facilities and along with other municipalities in King County, establish the Puget Sound Emergency Radio Network (the "PSERN System") to eventually provide service in King County as authorized by Proposition 1 and King County Ordinances L7993, L8074 and 18075. F. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Lease. 1.1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that portion of the Property described on the attached Exhibit A and depicted on the attached Exhibit B (the "Premises") together with non-exclusive easements for LEASE AGREEMENT AT CAMBRIDGE TANK - Page I of 25 (Landlord: C¡ty of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge ingress, egress and utilities over the Property as depicted on Exhibit B and Exhibit C (the "Easements"). In addition to the Premises, Landlord hereby grants Tenant temporary access to additional space near the Premises for staging purposes during Tenant's construction activities, in location(s) to be agreed upon by the parties. L.2. This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way, Any franchise or permit must be obtained separately from Landlord. 2. Term. 2.L. The term of this Lease shall be for a period of twenty-five (25) years, commencing on the Commencement Date, as defined in Section 2.2, and terminating on the last day of the month in which the twenty-fifth anniversary of the Commencement Date occurs. 2.2. The "Commencement Date" shall be the last date after both Landlord's and Tenant's authorized representatives have executed this Lease and on which all of the following conditions have been met: (a) the ValleyComm Lease and all subleases and licenses thereto are terminated by mutual consent of ValleyComm and Landlord on terms approved in writing by the Tenant; (b) ValleyComm assigns through written agreement to Tenant and Tenant assumes from ValleyComm all or part of the ValleyComm Facilities; and (c) ValleyComm and Tenant enter into a written agreement for ValleyComm's sublease of space within the Premises for ValleyComm's continued operation of such ValleyComm Facilities that are not transferred to Tenant (if applicable). In the event that all such conditions have not been met within eighteen (18) months after the date this Lease is fully executed by both parties, Tenant shall have the right, upon written notice to Lessor, to deem this Lease null and void and of no further force or effect. Landlord and Tenant agree that they shall acknowledge the Commencement Date as follows: Tenant shall notify Landlord in writing of the Commencement Date and within ten (10) business days of receipt thereof, Landlord shall acknowledge the Commencement Date by returning the signed written instrument to Tenant. 3. Rent. 3,1, Tenant's obligation to pay rent under this Lease shall commence upon the Commencement Date. As used herein, a "lease yeaÍ" shall be January lst through December 3l't during the term of this Lease. Rent shall be Four Thousand Three Hundred Twenty and No/100 Dollars ($4,320.00) per lease year ("Rent"), payable in advance. Rent shall be payable as follows: Rent for the first partial lease year (from the Commencement Date until the next December 3lst) shall be delivered to Landlord within forty-five (a5) days after the date Tenant receives Landlord's written acknowledgement confirming the Commencement Date, Thereafter, Rent shall be paid to Landlord annually in advance, on LEASE AGREEMENT AT CAMBRIDGE TANK - Page 2 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge or before January lst of each lease year until the Lease expires or is terminated; provided that if the first full lease year will commence prior to the due date of Rent for the first partial lease year, then the Rent for the first full lease year shall also be due and payable within forty-five (45) days after the date Tenant receives Landlord's written acknowledgement confirming the Commencement Date. Rent for partial lease years shall be prorated and if Rent is ever overpaid it shall be either refunded or applied to future payments at Tenant's discretion. 3.2 All Rent payments shall be mailed to: City of Kent 220 Fourth Avenue South Kent, WA 98032 Attention : Facilities Superintendent 3.3. Tenant shall pay Landlord a late payment charge equal to five percent (50/o) of the Rent for any payment not paid within thirty (30) days of when due. In addition, any amounts not paid when due shall bear interest from the date due until paid at the rate of one percent (Lo/o) per month. 3.4. Rent shall increase by fifteen percent (15%) of the then-current rental rate on each successive five (5) year anniversary of the first full lease year after the Commencement Date, For example purposes only, if the Commencement Date is June 23, 20L7, and the first full lease year thereafter commences on January L, 2OLB, then on January L,2023, Rent shall be increased to $4,968/year; on January L,2028, Rent shall be increased to $5,7L3.zj/yeari and on January L, 2033, Rent shall be increase to $6,570.L9/year; and so on, during the term of this Lease. 3.5. Rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. Use of Premises. 4.1 Tenant may use the Premises for the construction, installation, operation, maintenance, repair, replacement, upgrade, update, addition, modification and removal of the communications facilities, and associated equipment and improvements, including but not limited to the ValleyComm Facilities Tenant acquires, generally depicted on Exhibit B and described on the attached Exhibit D (collectively, the "Improvements") for the PSERN System as it is presently designed or may hereinafter be modified or changed ("Permitted Use"). Tenant shall use the Premises for no other purpose, 4.2 Prior to performing any installation or construction work within the Premises, Tenant shall secure all necessary federal, state and local licenses, permits, and approvals for the Permitted Use (collectively referred to hereinafter as "Government Approvals") at its sole expense. Landlord hereby authorizes Tenant to make and sign, as Landlord's agent, any and all applications and/or submissions necessary to obtain all Government Approvals from all applicable governmental and/or regulatory entities required for the Permitted Use of the Improvements within the Premises. Landlord agrees to LEASE AGREEMENT AT CAMBRIDGE TANK - Page 3 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge reasonably assist Tenant with such applications and with obtaining and maintain¡ng the Government Approvals. 4.3 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. Tenant may also perform and obtain, at Tenant's sole cost and expense/ soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant's use of the Premises will be cornpatible with Tenant's engineering specifications; system, design, operations or Government Approvals. Before performing any of the work described in this Section 4,3, Tenant must receive prior e-mailed approval from Landlord's Public Works Director or his/her designee. 5. Tenant Improvements 5.1 (a) Tenant may improve the Premises by constructing the Improvements as depicted on Exhibit B and described on Exhibit D. Tenant is responsible to provide all labor, materials, equipment, and insurance necessary for the Improvements. Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all Improvements to Landlord for Landlord's written approval, which approval shall not be unreasonably withheld. Construction, installation, or alteration of Improvements shall not be commenced until plans for such work have been approved in writing by the Landlord and all necessary permits have been properly issued. Landlord's Public Works Department shall give such approval or provide Tenant with its requests for changes within thirty (30) business days of Landlord's receipt of Tenant's plans and specifications. The plans and specifications review schedule described within this Section 5.l(a) does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for these Improvements, and Tenant shall pay all permit costs in addition to Rent described in Section 3. (b) After the initial installation of the Improvements, Tenant shall obtain Landlord's written consent prior to making any material changes in the exterior appearance, size or design of the Improvements on the Property (including the antennas on the tower), the location or size of the Premises, and any trenching on the Property. Landlord's consent shall not be unreasonably withheld, delayed or conditioned. After the initial installation of the Improvements, except as provided within this Section 5.1(b), Landlord's consent shall not be required for any installation, maintenance, repair, replacement, addition, removal, update or upgrade of any of the Improvements or utilities located within the Premises or Easements. (c) Tenant shall consult with Landlord to arrange a time it will conduct construction of any Improvements that require Landlord's prior written consent. Tenant agrees to adhere to the pre-arranged schedule for construction of Improvements. 5.2 (a) Unless the parties otherwise agree in writing, Tenant shall remove the Improvements from the Premises upon termination of the Lease. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any LEASE AGREEMENT AT CAMBRIDGE TANK - Page 4 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge other equipment, structures or operations on the Property, including use of the Property by Other Providers as described in Section 6.1, Landlord, orany of Landlord's assignees. (b) Upon removal of the Improvements, as provided in Section 5.2(a), Tenant shall restore all affected areas of the Property, the Premises and the Easements, normal wear and tear excluded, to the reasonable satisfaction of Landlord. (c) All costs and expenses for the removal of the Improvements and restoration of the Property, the Premises and the Easements and any costs and expenses arising from this removal shall be solely borne by Tenant. 6. Use by Other Providers. 6.1 Subject to the terms of Section 13.3, Tenant shall cooperate with each new other communications provider that Landlord leases space on the Property to ("Other Provider(s)"), excluding space within the Premises. 6.2 Each new Other Provider shall be solely responsible for the cost of locating and placing its equipment on the Property. The Other Provider shall also be responsible for any liabilities that arise from the Other Provider's use of the Property. 7. Net Lease. Landlord shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises, with the exception that Landlord is solely responsible for the maintenance of its personal property located on the Property and the Easements, unless the Landlord's personal property and/or Easements are damaged by Tenant or Tenant's agents, employees, licensees or contractors. The parties agree that this is a net Lease intended to assure Landlord the Rent on an absolute net basis. B. Maintenance. 8.1. Tenant shall, at its own expense, maintain the Premises (less reasonable wear and tear or loss by casualty or other causes beyond Tenant's reasonable control), and all of Tenant's Improvements, equipment, and other personal property on the Premises in good working order, condition and repair, including any new landscaping that may be required through the permitting process. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference thereon. Tenant shall remove graffiti at its own cost within fifteen (15) calendar days of receipt of written notice to remove by Landlord. Landlord may remove graffiti, at its own cost, without notice to Tenant. Tenant shall install, maintain, and replace, when necessary, all new landscaping, at Tenant's sole expense, that rnay be required by any necessary City of Kent permits. The use of herbicides or insecticides by Tenant on the Premises is strictly prohibited, 8.2. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not maintain, repair or otherwise touch or interfere with Tenant's Improvements without Tenant's prior written consent; provided that, in the event of an emergency posing an imminent threat of bodily injury or property damage, Landlord may LEASE AGREEMENT AT CAMBRIDGE TANK - Page 5 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge take action necessary to abate the threat and shall give Tenant notice of such actions taken as soon as is reasonably possible thereafter. 9. Access. Landlord and its agents shall have the right to enter the Premises at all reasonable times, upon not less than two (2) business days'e-mailed notice to Tenant's authorized representative, so that Tenant may accompany Landlord, to examine and inspect the Premises; provided, however, that in no event will Landlord, its employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's Improvements. Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises, including by foot, motor vehicle or by air over or along the Easements generally depicted in Exhibit B. 10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 11. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises and Easements. L2. Approvals; Compliance with Laws. Tenant's use of the Premises and Easements is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate the Improvements in accordance with all applicable communication site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission ("FCC"), or other federal or state governmental agency. 13. Interference. 13.1 Tenant's installation, operation, and maintenance of the Improvements shall not damage or interfere in any way with Landlord's activities on the Property. Landlord shall be the sole judge of interference caused to the Landlord's radio frequency ("RF') transmissions and receptions on the Property (outside of the Premises); provided Landlord shall make all determinations regarding the cause of any such RF interference based on independent review by experts in the field of RF interference. Tenant agrees to correct, within thirty (30) calendar days of receipt of written notice of interference from Landlord, all such actions that materially interfere with Landlord's use of the Property. If the interference cannot be corrected without Tenant's wireless signal coverage goals from the Premises being materially impaired, Tenant shall have the right to terminate the Lease. I3.2 Before approving the placement of the Improvements, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Property. 13.3 In the event that an Other Provider requests a lease from Landlord to place any type of antennae or transmission facility on the Property, excluding the Premises, Landlord shall submit a proposal complete with all technical specifications reasonably LEASE AGREEMENT AT CAMBRIDGE TANK - Page 6 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any spec¡fications or information claimed to be of a proprietary nature by any third party. The Other Provider shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have forty-five (45) calendar days following receipt of any proposal to make any objections thereto, and failure to make any objection within this forty-five (45) day period shall constitute consent by Tenant to the installation of antennae or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during this forty-five (45) day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the Other Provider modifies the proposal in a manner determined, in Landlord's reasonable judgment, to adequately eliminate reasonable interference concerns asserted by Tenant. If the Other Provider actually interferes with the operations of Tenant, Landlord shall make good faith efforts to have the Other Provider cease operations until the interference can be eliminated. A governmental unit may be allowed to place antennae or other communications facilities on the Property, excluding the Premises, as long as there is no interference with Tenant's use. L4. Default. It shall be a default if: L4.L Tenant fails to pay Rent or any other sums payable to Landlord when due, and does not cure such default within thirty (30) calendar days after receipt of written notice; L4.2 Tenant removes its Improvements on the Premises for a period longer than six (6) consecutive months and fails to replace them during this time period; L4.3 Tenant fails, at any time during this Lease, to conform or comply with any local land use, regulatory, or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of Tenant's Improvements contemplated in this Lease, and such failure is not cured within thirty (30) days after receipt of written notice; provided, however, that Tenant will not be in default under this subsection if it begins to cure the alleged failure within the thirty (30) day period and thereafter diligently prosecutes the cure to completion; I4.4 Tenant is finally adjudicated as bankrupt or makes any assignment for the benefit of creditors; L4.5 Tenant becomes insolvent; L4.6 Either party fails to perform any other covenant or condition of this Lease and does not cure such default within thirty (30) calendar days after receipt of written notice specifying the failure at issue; provided, however, that neither party will be in non-monetary default under this subsection if it begins to cure the alleged default within the thirty (30) day period and thereafter diligently prosecutes the cure to completion; or L4.7 Tenant fails at any time to maintain insurance as required in Section 21 of this Lease and the attached Exhibit E and this failure is not cured within fifteen (15) days following Tenant's receipt of written notice of this failure. LEASE AGREEMENT AT CAMBRIDGE TANK - Page 7 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge 15. Cure by Non-Defaulting Party. In the event of any uncured default of this Lease, the non-defaulting party ffiây, at any time after the specified notice period has run, cure the default for the account of and at the expense of the defaulting party. If the non- defaulting party is compelled to pay or elects to pay any sum of money or to do any act that will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce the non-defaulting party's rights under this Lease, the sums so paid, with all interest, costs and damages shall be due from the defaulting party within thirty (30) days following the defaulting party's receipt of an invoice together with reasonable supporting documentation evidencing the sums and expense, If the defaulting party disputes the appropriateness of the interest, costs and damages in good faith, the defaulting party will pay the interest, costs and damages "under protest". Any payment under protest shall not be considered an admission of liability or a waiver of rights under this Lease, and the payment shall be subject to refund if the defaulting party's position is upheld by a court of com petent jurisdiction. 16. Optional Termination. 16.1 Optional Termination by Tenant. This Lease may be terminated by Tenant if: or h e r G o v e r n m e n,u Í ? o o,.Jff ',Î: å i#lå,.',"n : ?H:. iliìä H ü ;i, : ffi ff ' "? îi'l; i, I business under this Lease or Tenant, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary; (b) There is a determination made pursuant to an official un- appealable order of the FCC that continued use of the Premises by Tenant is in fact a threat to public health, safety or welfare that cannot be remediated; or (c) Tenant or Tenant's vendor of the PSERN System determines that, for technical, design, interference, environmental, economic or title reasons, the Premises are not necessary or suitable for the operation of the PSERN System or the use described in this Lease. L6.2 Optional Termination by Landlord. This Lease may be terminated by Landlord: (a) Upon eighteen (18) months' prior written notice to Tenant, if Landlord decides, in its sole discretion for any reason, to discontinue use of the Premises for municipal or public purposes; (b) If there is a determination made pursuant to an official un- appealable order of the FCC that continued use of the Premises by Tenant is in fact a threat to public health, safety or welfare that cannot be remediated; LEASE AGREEMENT AT CAMBRIDGE TANK - Page I of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge (c) If Tenant's use of the Premises violates applicable laws or ordinances; or (d) If Tenant loses its license to provide service for any reason, includíng, but not limited to, non-renewal, expiration, or cancellation of its license. 17. Termination; Notice. Except as otherwise provided in Section 16.2(a) any notice of termination pursuant to Section 16 shall be given to the other party in writing at least thirty (30) calendar days prior to the termination date in accordance with the provision of Section 26. 18. Damage or Destruction. If Tenant's Improvements or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Premises through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) calendardays'written notice to Landlord. In such event, Tenant shall promptly remove all Improvements from the Premises as set forth in Section 5,2. This Lease (and Tenant's obligation to pay Rent) shall terminate upon Tenant's fulfillment of the obligations set forth in Section 5.2 and Tenant shall be entitled to the prorated reimbursement of any prepaid Rent. If Tenant believes it is feasible to relocate the Improvements to a different location on the Property, the parties agree that the Premises will be relocated. Landlord will provide an interim site for Tenant to locate temporary, mobile communications facilities and equipment as necessary to continue service during repair or relocation of the Premises or Improvements. A survey will be prepared for the relocated Premises (including access and utility easements) and the survey will replace Exhibit B. 19. Condemnation, In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of title transfer, by giving thirty (30) calendar days'written notice to the other party. If it is feasible to relocate the Improvements to a different location on the Property without any impairment to the quality of service provided by the Improvements, the parties agree that the Premises will be relocated. A survey will be prepared for the relocated Premises (including access and utility easements) at Landlord's expense, and the survey will replace Exhibit B. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid forthe taking and Landlord shall receive full amount of the award. Tenant hereby expressly waives any right or claim to any portion of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, and Improvements. 20. Indemnity. 20.L Disclaimer of Liability. Except for the neglígence or willful misconduct of Landlord, Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, LEASE AGREEMENT AT CAMBRIDGE TANK - Page 9 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-l2 King County Site Name: Cambridge maintenance, repair, use, operation, condition or dismantling of the Property, the Premises, the Easements, and any Improvements made by Tenant. 20.2 Tenant Indemnification. Tenant agrees to indemnify and hold Landlord harmless as provided herein to the maximum extent possible under law. Accordingly, Tenant agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless Landlord, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, causes of action, judgments, damages, costs, attorney fees, government orders, penalties, or other requirements (collectively, "Claims"), including costs of defense thereof for injury to persons, death, or property damage which is caused by or arises out of Tenant's exercise of rights and privileges granted by this Lease, except to the extent of the l-andlord's negligence and willful misconduct. 20.3 Landlord Indemnification. Landlord agrees to indemnify and hold Tenant harmless as provided herein to the maximum extent possible under law. Accordingly, the Landlord agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless Tenant, its appointed and elected officials, and employees from and against liability for all Claims, including costs of defense thereof for injury to persons, death, or property damage which is caused by or arises out of Landlord's exercise of rights and privileges granted by this Lease, except to the extent of the Tenant's negligence and willful misconduct. 20.4 Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on or about the Property, the Premises and the Easements. Tenant's assumption of risk shall.not apply: (i) to any latent defects or other dangerous situations, if Landlord knows or should know that defect or situation exists but has not disclosed that information to Tenant, or (ii) to any dangerous conditions arising from Landlord's negligence or willful misconduct. 2L. Insurance. Tenant agrees to comply with the insurance requirements of Exhibit E at all times during the Term of this Lease, Any payment of deductible or self- insured retention shall be the sole responsibility of the Tenant, 22. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises and Easements will not result in the negligent or intentional introduction, storage, disposal, or transport over the Premises and Easements of any hazardous substance in violation of any federal or state law. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance introduced by Tenant and any damage, loss, or expense or liabilíty resulting from such release, including all reasonable attorneys' fees, costs and penalties incurred as a result thereof, except any release caused by the negligence or willful misconduct of Landlord, its employees or agents. Similarly, Landlord warrants that the Premises and Easements are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous substance on the Property. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar ter:m by any LEASE AGREEMENTAT CAMBRIDGE TANK - Page 1o of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-l2 King County Site Name: Cambridge federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and ¡t shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 23. Holding Over. Any holding over after the expiration of the Term of this Lease, with the consent of the Landlord, shall be construed to be a tenancy from month to month and rent shall be paid by Tenant at one hundred twenty-five percent (L25o/o) of the monthly proration of the annual Rent in effect upon the expiratÍon of the Lease, but shall otherwise be on the same terms and conditions herein specified, so far as applicable. 24. Acceptance of Premises. With the exception of latent defects and any hazardous substance contamination existing prior to the Commencement Date, by taking possession of the Premises, Tenant accepts the Premises and Easements "AS-IS," in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises or Easements, ortheir fitness for any of Tenant's intended uses thereof. 25. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than thirty (30) calendar days' prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force as modified and identify the modifications); (b) the dates to which Rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as La'ndlord may reasonably request. 26. Notices, All notices/ requests, demands, and other communications required to be sent pursuant to this Lease shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested, or by a nationally recognized courier service, to the following addresses: If to Landlord, to:Public Works Department, Attn: Water System Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 With a copy to:City Clerk City of Kent 22O Fourth Avenue South Kent, WA 98032 If to Tenant, to:King County Facilities Management Division Real Estate Services, Attn: Leasing Supervisor Re: Cambridge PSERN Lease 500 Fourth Avenue, Suite 830 Seattle, WA 98104 LEASE AGREEMENTAT CAMBRIDGE TANK - Page 11 of 25 (Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge With a copy to:King County Facilities Management Division Director's Office Attn: Gail Houser Re: Cambridge PSERN Lease 500 Fourth Avenue, Suite 800 Seattle, WA 98104 With a copy to:King County Emergency Radio Communications Division - KCIT Attn: Marlin Blizinsky Re: Cambridge PSERN Lease 401 Fifth Avenue, Suite 600 Seattle, WA 98104 27. Subletting and Assignment 27.1, Tenant shall not sublet all or any part of the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned; provided that Tenant shall have the right without Landlord's consent to sublet space within the Premises to ValleyComm and any tenant of ValleyComm that is using any part of the ValleyComm Facilities as of the date the ValleyComm Lease is terminated. 27.2 Tenant shall not assign its interest in this Lease without Landlord's prior written consent, which will not be unreasonably withheld. Consent by Landlord to any assignment shall not constitute a waiver of the necessity of such consent to any subsequent assignment. 27.3 Landlord acknowledges that Tenant and other municipalities participating in the PSERN System intend to establish a new governmental non-profit entity that will eventually own and operate the PSERN System. Notwithstanding anything in this Lease to the contrary, Tenant may assign its interest in this Lease, without the Landlord's consent, to that governmental non-profit entity orto any entity existing now or in the future that will be responsible for the operation, maintenance, management, updating and upgrade or replacement of the PSERN System as authorized by law; provided that Tenant shall provide notice to Landlord within forty-five (45) calendar days after the execution date of such assignment. 27.4 In the event of an assignment, the assignee shall assume all liability of the assignor and the assignor will be relieved of all future performance, liabilities and obligations under this Lease to the extent of such assignment. 28. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other space outside of the Premises for communications equipment to any person or entity that may be in competition with Tenant, or to any third-party, subject to the provisions of Section 13.3 above. LEASE AGREEMENT AT CAMBRIDGE TANK - Page L2 of 25 (Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge 29. Successors and Assigns. This Lease shall run with the land and be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 30. Non-Waiver. Failure of either party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 31. Taxes. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises and Easements that are directly the result of Tenant's Improvements, if ahy, which become due and payable during the Term of this Lease. 32. Miscellaneous 32.L Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. 32.2 This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 32.3 This Lease shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations of this Lease shall be in the King County Superior Court. In the event of claim or litigation to enforce any terms of this Lease, each party shall be responsible for íts own legal costs and attorney fees except as noted in Sections20 and22. 32.4 If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 32.5 Landlord covenants that Tenant, on paying the Rent and performing'the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 32.6 Landlord agrees to sign a short form Memorandum of Lease that Tenant may record at Tenant's expense. 33. Non-Discrimination. Landlord and Tenant, for themselves, their successors, and assigns as a part of the consideration hereof, do hereby covenant and agree to comply with all civil rights and anti-discrimination requirements of federal, state or local laws applicable to the Property, including, without limitation, Chapter 49.60 RCW. Landlord and LEASE AGREEMENTAT CAMBRIDGE TANK - Page 13 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-l2 King County Site Name: Cambridge Tenant shall not díscriminate on the basis of race, color, marital status, national or¡gin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in the employment or application for employment or in the administration or delivery of services or any other benefits under King County Code Ch. L2.t6.L25. Tenant shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, Chapter 49.60 RCW, and Titles VI and VII of the Civil Rights Act of L964. Any violation of this provision shall be considered a default of this Lease and shall be grounds for cancellation, termination, or suspension, in whole or in part, of this Lease and may result in ineligibility for further agreements between the parties, ISIGNATURES ON FOLLOWING PAGE] LEASE AGREEMENT AT CAMBRIDGE TANK - Page L4 of 25 (Landlord: C¡ty of Kent; Tenant: King Gounty for PSERN).(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of the date and year set forth below. LANDLORD: CITY OF KENT By: Print Name' Surette Cooku Its: Mayor Date: TENANTI KING COUNTY Rrr. APPROVED AS TO FORM:APPROVED AS TO FORM: Kent Law Department Busch Law Firm PLLC IACKNOWLEDGMENTS ON FOLLOWTNG PAGES] LEASE AGREEMENT AT CAMBRIDGE TANK - Page 15 of 25 (Landlord: City of Kent; Tenant: King County for PSERN) Print Name: Anthony O. Wright Its: Director, Facilities Management Division Date: (2017) King County Lease #: PSERN-l2 King County Site Name: Cambridge STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ) ) ) SS Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LEASE AGREEMENT AT CAMBRIDGE TANK - Page 16 of 25 (Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that Anthony O. Wright is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director, Facilities Management Division, of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ) ) ) SS -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LEASE AGREEMENT AT CAMBRIDGE TANK - Page L7 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge EXHIBIT A LEGAL DESCRIPTION OF LANDLORD'S PROPERTY & THE PREMISES Legal Description of Landlord's Property: PARCEL A EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNry, WASHINGTON DESCRIBED AS FOLLOWS: THE SOUTH 20 FEET OF THE NORTH 310 FEET OF THE EAST 120 FEET OF THE WEST 360 FEET THEREOF; TOGETHER WITH THE SOUTH 250 FEET OF THE NORTH 47O FEET OF THE EAST 210 FEET OF THE WEST 570 FEET THEREOF; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT;NTHENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 140 FEET TO POINT OF BEGINNING; THENCE SOUTH ALONG SAID LINE 110 FEET;ITHENCE WEST ALONG THE SOUTH LINE OF SAID TRACT 65 FEET; ITHENCE NORTHEASTERLY TO TRUE POINT OF BEGINNING. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 7906081065 THROUGH 7906081073, INCLUSIVE, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST, QUARTER OF SECTION 27, TOWNSHIP 22 NORTH RANGE 4 EAST, W.M. IN KING COUNry, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING.AT THE NORTHEAST CORNER OF THE SOUTH 250 FEET OF .THE NORTH 47O FEET OF THE EAST 210 FEET OF THE WEST 570 FEET; BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;NTHENCE NORTH 89014'19'' WEST ALONG THE NORTH LINE OF SAID SOUTH 250 FEET A DISTANCE OF 30 FEET; LEASE AGREEMENT AT CAMBRIDGE TANK - Page 18 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge THENCE NORTH A DISTANCE OF 35 FEET, MORE OR LESS, TO THE SOUTHERLY MARGIN OF HAMPTON WAY;NTHENCE IN A SOUTHERLY AND EASTERLY DIRECTION ALONG SAID SOUTHERLY MARGIN TO A POINT WHICH LIES NORTH OF THE TRUE POINT OF BEGINNING: THENCE SOUTH A DISTANCE OF L7 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT CERTAIN PROPOSED INGRESS, EGRESS, WATERLINE INSTALLATION, MAINTENANCE, DRAINAGE & REPAIR EASEMENT, AS MORE PARTICULARLY DESCRIBED IN CIry OF KENT BOUNDARY LINE ADJUSTMENT, RECORDED UNDER RECORDING NUMBER 201OOB119OOOO1. SITUATE IN ÏHE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. APN: 272204-9L57 Address: 3300 S.264th Street, Kent, Washington Legal Description of the Premises: A tract of land located in the Northwest Quarter of the Southwest Quarter of Section 2T,Township 22 North, Range 4 East, W.M., in King County, Washington, being also a portion of Parcel B of City of Kent Boundary Line Adjustment No. LL-20L0-7, recorded under King County Recording No. 20100811900001, described as follows: Commencing at a found cased monument in the centerline of Hampton Way at the point of curvature just west of the intersection with Eton Court, from which point a found cased monument in the centerline of Hampton Way at the point of tangency just south of the intersection with S 264th Street bears North 54oL2'05' West 267.L2 feet; Thence South 59o2L'2t' West 336.87 feet to the northeast corner of a fenced compound and the Point of Beginning; Thence along said fenced compound, South 00o25'74" West 74.42 feet to the south line of said Parcel B; Thence along said south line, North B9oL4'5O" West 45.33 feet to the southwest corner thereof; Thence along the west line thereof, North 00o59'47" East 75.50 feet to the intersection with the fenced compound; Thence along said fenced compound, South BBo3B'01" East32.29 feet; Thence continuing along said fenced compound, South 85050'20'East 12.31 feet to the Point of Beginning; Containing 3,380 square feet, more or less LEASE AGREEMENTAT CAMBRIDGE TANK - Pase 19 of 25 (Landlord: City of Kent; Tenant: KÌng County for PSERN)(2017) EXHIBTT B DEPICTION OF PREMISES King County Lease #: PSERN-12 King County Site Name: Cambridge \ ,zþ'þL \ .Tè'\ ^s ---1'Jj]___ÅlUldoudr >r sl=ä¡ IþÉoz \.s "q, É. l¡J =ot-- l¡l o l-'- z.oı2ñ' \./l- ", -Øı,l-'' z.Ety Lrl OF t-- I I Ë1, þi= i.,¡'ì rf)* +O+(O sluSNr +.r+ I-_}+u3lSS] + ) ,7 _l I t F-EldfL()EfL + LIu lrj UI:) IJ 6fJ(Jxld l¡J(n l¡l E.fL (n Fz z. l¡Jl- {5Y ]--s#ü!{ -Z- .úU zs -Ø8F-<ZJ<fL> Jt)lt0¿t-ol-- JtdI(n V, 1-z. z.IJF J\¿ÚJzJ<t¡- F- OU tn&?-o áãzt¡ll- l-z. IJ llJ(n l-d vr CN lll()() (t) l-z. z.lrjF l¡lF-J kJïv, z. tnî-z z.LIt- ¡- vtz_u t¡J Í->=LlË(r\ LJg JNPF-z z. l¿JÞ- r" :l:l LEASE AGREEMENTAT CAMBRIDGE TANK - Page 2O of 25 (Landlord: City of Kent; Tenant: K¡ng County for PSERN)(2017) 1r-iì, mr>gtD 9m$> açqil 61Tl\? ôrn =¿,.{-t -l ãrlI -13o|lÞ à=,ì(EXp}\, t-{ËU*o\fnð-¡;Þ\ızSxèr !o(oo N h¡ o Ngt I lt ( TENANT,S ACCESS EASEMENT S 264TH ST (PUBLIC RTGHT-OF-wAY) PARCE[: 2722049014 E) ACCESS ROAD PROPERTY) \ U1 LrJ Ld I Ø {,r) lJJv. (.? ¿. I I I L-_..*.% *PROPERTY U rn(, c) 2!llm elãlr-lOlo'rt lt{-l{à 1", rn FNz-lØ 6 tll ctzñt cY) I (nl Êl(,oitrl>itrt<rl-r J, Ël I I I I I I I v PROPERTY--Tirr¡f-- l¿lzIT ^ı(o (o oa)oo :ff-ã (, r- =(Dög 2a9+ P; ôrnor!3zqå dNJ(.oo TENANT'S EASEMENT UTILITITS TENANT'S ACCESS EASEMEN TENANT,S PREMISE (ËxcLUSrvE usE AREA) PARCËL: 2722A49A1 4 ñ F{è PROP PAReE[: 2722049ö86 PAReËL: 2722A49157 LINE * King County Lease #: PSERN-l2 King County Site Name: Cambridge EXHIBTT D VALLEYCOMM FACILITIES TO BE ACQUIRED BY KING COUNTY/PSERN . L40ft tower. 60kw díesel generator. 24'4" x 22'4" (543 sq.ft.) equipment shelter, including the utilities and HVAC therein. 2,}}O-gallon fuel storage tank SCOPE OF WORK FOR THE IMPROVEMENTS TO BE COMPLETED BY KING COUNTY/PSERN o Extend the existing L40ft, tower by 20ft to 160ft. Install two (2) microwave dishes and six (6) omni-directional antennas on the existing extended tower. Replace the existing 60KW diesel generator with a new 80KW diesel generator. Install a new sound-attenuating fence and gate around the new generator. Install a new t2'x20' prefabricated equipment sheltero Install a new ice bridge and cable tray from the new shelter to the existing tower. Trenching from the existing Puget Sound Energy (PSE) pad-mounted transformer (located just north of the existing compound fence) to a new H- Frame with meter and disconnect just inside the fence. This is required for King County's new L20/240V 200A service from PSE LEASE AGREEMENT AT CAMBRIDGE TANK - Page 22 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) King County Lease #: PSERN-12 King County Site Name: Cambridge EXHIBIT E INSURANCE REQUIREM ENTS I. General Insurance Requirements Tenant shall procure and maintain, for the duration of this Lease, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the Tenant's operation and use of Landlord's facilities. Tenant maintains a fully funded self-insurance program for the protection and handling of the Tenant's liabilities including injuries to persons and damage to property. Landlord acknowledges, agrees and understands that Tenant is self-funded for all of its liability exposures, Tenant agrees, at its own expense, to maintain, through its fully funded self-insurance program, coverage for all of its liability exposures for this Lease. Tenant agrees to provide Landlord with at least thirty (30) days prior wr"itten notice of any material change in Tenant's self-funded insurance program and will provide Landlord with a letter of self-insurance as adequate proof of coverage. Landlot'd further acknowledges, agrees and understands that Tenant does not purchase commercial general liability insurance and is a self-insured governmental entity; therefore Tenant does not have the ability to name Landlord as an additional insured. If Landlord is not a governmental agency which maintains a fully funded self- insurance program in accordance with applicable law, Landlord will maintain commercial general liabílity insurance in the amount of Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate, based on ISO Form CG 00 01 or equivalent, and will include Tenant as an additional insured with respect to claims arising out of or related to this Lease. Landlord shall carry "All Risk" property insurance in an amount equal to the full replacement value of its structures and improvements on the Property. Tenant shall maintain "All Risk" property insurance in an amount equal to the full replacement value of all of its improvements and personal property located on the Premises or shall self-insure improvements and personal property on the Premises. Notwithstanding any language to the contrary contained in this Lease, Landlord and Tenant agree that they shall not make a claim against or seek recovery from the other for any loss or damage to their property, or the property of others, resulting from fire or other hazards covered by fire insurance or required to be covered under this Lease and each hereby releases the other from any such claim or liability regardless of the cause of such loss. Tenant agrees to ensure all contractors, sub-contractors, consultants or other parties utilized by Tenant to perform work on Landlord's Property are fully insured to the extent of coverage specified in Subsection II of this Exhibit E. LEASE AGREEMENTAT CAMBRIDGE TANK - Page 23 of 25 (Landlord: City of Kent; Tenant: King County for PSERN)(2017) B King County Lease #: PSERN-12 King County Site Name: Cambridge II. Specificlnsurance Requirements If Tenant ceases to maintain the aforementioned program of self-insurance, Tenant shall obtain insurance of the types and limits described below: A.Minimum Scope of Insurance. 1 Commercial General Liabilitv insurance shall be written on Insurance Services Office (*ISO') occurrence form at least as broad as CG 00 01and shall cover premises liability, contractual liability, products- completed operations liability, and independent contractors liability. The Landlord shall be named as an additional insured on Tenant's commercial general liability insurance policy using a form at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on ISO form or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Minimum Amounts of Insurance. Commercial General Liabilitv insurance shall be written with limitsno less than $2,000,000 each occurrence, $2,000,000 general aggregate. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. The coverage amounts set forth may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for commercial general liability insurance: 1. Tenant's insurance coverage shall be primary insurance with respect to the Landlord. Any insurance or self-insurance coverage maintained by the Landlord shall be excess of the Tenant's insurance and shall not contribute with it. 2. Tenant is contractually obligated to provide at least 30 days prior notice to Landlord in the event ofcancellation of any coverage ietåteO to this Lease. 3. Tenant's insurance coverage shall be written on an occurrence basis only. Claims made coverage is not acceptable, D. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-,VII. E. Verification of Coverage, LEASE AGREEMENT AT CAMBRIDGE TANK - Page 24 of 25 (Landlord: City of Kent; Tenant: King County for PSERN) (2017) 1 2 King County Lease #: PSERN-12 King County Site Name: Cambridge If Tenant ceases to maintain the aforementioned program of self-insurance, upon Landlord's request, Tenant shall furnish Landlord with original certificates of insurance and a copy of the additional insured endorsement, evidencing the insurance requirements of theTenant, and Landlord shall be named as an additional insured" LEASE AGREEMENT AT CAMBRIDGE TANK - Page 25 of 25 (Landlord: C¡ty of Kent; Tenant: King County for PSERN)(2017) This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: October 17, 2017 SUBJECT: Commute Trip Reduction Grant – Accept SUMMARY: This agreement is between the Washington State Department of Transportation and the City of Kent. The City is required by state law to enforce the commute trip reduction provisions in chapter 70.94 RCW. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation Office. This Agreement allocates $106,007 for two years of funding for the implementation of the Commute Trip Reduction (CTR) Program mandated by RCW 70.94.527 for the 2017-2019 project term. The grant funds will be used to provide support to businesses required to participate in the CTR Program. In addition, the CTR Program represents citywide interests in traffic reduction and the promotion of alternative transportation modes to any interested area business. EXHIBITS: 2017-2019 WSDOT Transportation Demand Management Implementation Agreement and 2017-2019 Commute Trip Reduction Administrative Work Plan RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: N/A BUDGET IMPACTS: There is no required match to this state grant. MOTION: Authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, WSDOT #GCB2755, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. This page intentionally left blank. GCB2755 Page 1 of 13 Transportation Demand Management Implementation Agreement Washington State Department of Transportation 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98504-7387 Contact Person: Kathy Johnston 360-705-7845 Contractor City of Kent 440 West Gowe Kent, WA 98032 Contact Person: Antje Kablitz 253-856-5583 Project Cost: Federal ID #: 91-6001254 State Funds $106,007 Scope of Project: As set forth in Exhibit 1, Project Scope of Work. Contractor Funds $ 0 Total Project Cost $106,007 Agreement Number: GCB2755 UPIN: PTTD816 Term of Project: July 1, 2017 through June 30, 2019 Service Area: Kent This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as “WSDOT” and the Contractor identified above, hereinafter referred to as “CONTRACTOR”, and/or individually referred to as the “PARTY” and collectively referred to as the “PARTIES.” WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state’s leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers (“GTEC”) in Washington State; and WHEREAS, RCW 47.06.050 requires that when planning capacity and operational improvements , the State’s first priority is to assess strategies to enhance the operational efficiency of the existing system, and states that strategies to enhance the operational efficiencies include, but are not limited to, access management, transportation system management, and demand management (“Strategies”); and WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita vehicle miles traveled, to consider efficiency tools including commute trip reduction and other demand management tools, and to promote the integration of multimodal planning in support of the transportation system policy goals described in RCW 47.04.280; and WHEREAS, the Legislature has directed the State to increase the integration of public transportation and the highway system, to facilitate coordination of transit services and planning, and to maximize opportunities to use public transportation to improve the efficiency of transportation corridors (RCW 47.01.330); and WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for cooperation to achieve statewide and local transportation goals; and WHEREAS, the State of Washington in its Sessions Laws of 2017, Chapter 313 Section 220 (6) and (7), authorizes funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through the multi-modal transportation account as identified in the budget through its 201 7-2019 biennial appropriations to WSDOT; and WHEREAS the WSDOT Public Transportation Division is responsible for administer ing funds on behalf of the Washington State Legislature; NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit 1, “Project Scope of Work,” and Exhibit 2, “Project Progress Reports,” Exhibit 3, Invoice Voucher Template and Exhibit 4, Final Project Progress Repor t, IT IS MUTUALLY AGREED AS FOLLOWS: GCB2755 Page 2 of 13 Section 1 Purpose of Agreement A. The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the “Project.” B. If this AGREEMENT is used as match for any other related projects with federal funds, in addition to the requirements of Sections 1 through 22 of this AGREEMENT, the CONTRACTOR must assume full responsibility for complying with all federal rules and regulations consistent with the requirements imposed by use of the federal funds on any such related project(s), including but not limited to Title 23 of the U.S. Code, Highways, as applicable, the regulations issued pursuant thereto, 2 CFR Part 200 , and 2 CFR Part 1201. The CONTRACTOR must also assume full responsibility for compliance with Federal Highway Administration’s (FHWA) Required Contract Provisions Federal-Aid Construction Contracts, FHWA 1273, which may be found here, https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf , and any amendments thereto; and/or the Federal Transit Administration Master Agreement 23, which may be found here, https://www.transit.dot.gov/sites/fta.dot.gov/files/FTA%20Master%20Agreement%20FY2017%20 -%2010-1- 2016.pdf, and any amendments thereto. Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in Exhibit 1, “Project Scope of Work,” attached hereto and by this reference is incorporated into this AGREEMENT. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled “Term of Project” of this AGREEMENT regardless of the date of execution of this AGREEMENT , unless terminated as provided herein. The caption space header above entitled’ “Term of Project” and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the “State Funds” detailed in the caption space header above titled “Project Costs.” The CONTRACTOR agrees to expend eligible “State Funds” together with any “Contractor Funds” identified above in the caption space header “Project Costs ,” in an amount sufficient to complete the Project as detailed in Exhibit 1, “Project Scope of Work.” If at any time the CONTRACTOR becomes aware that the cost that it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the caption space titled “Project Costs” above, the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making that determination. Section 5 Reimbursement and Payment A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 7 – Progress Reports may delay payment. The CONTRACTOR must submit an invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is attached hereto as Exhibit 3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for completed work in the same state fiscal period, as defined in RCW 43.88, starting on July 1 and ending on June 30 the following year within the timeframe set forth in the caption space header of this AGREEMENT entitled “Term of Project” during which the work was performed. Reimbursement requests must be received by July 15 of each state fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any payment request received after the timeframe prescribed above will not be eligible for reimbursement. GCB2755 Page 3 of 13 Section 6 Project Records The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts within the framework of an established accounting system in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such account s are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 7 Progress Reports The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit 2, “Project Progress Report” and/or as provided and modified by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT . The CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, “Final Project Progress Report” and/or as provided by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT, with any changes to the form applied according to the agreement modification process in Section 9 . Progress reports shall be submitted to WSDOT no later than forty-five (45) days from the end of each calendar quarter. Section 8 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTOR’s records with respect to all matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the Project final payment date. However, in case of audit or litigation extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors of CONTRACTOR comply with the provisions of this section and provide , WSDOT, the State Auditor, and any of their representatives, access to such records within the scope of this AGREEMENT. Section 9 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto , provided, however, that changes to the project title, federal ID number, UPIN the contact person of either PARTY, or dollar amount changes that do no t affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. B. If an increase in funding by the fundin g source augments the CONTRACTOR’s allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR’s allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Section 10 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty (30) days of demand. GCB2755 Page 4 of 13 Section 11 Disputes A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public Transportation Division’s Statewide Transportation Demand Management Programs Manager or the WSDOT Public Transportation Statewide Transportation Demand Management Programs Manager’s designee who will issue a written decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten calendar (10) days from the date of CONTRACTOR’s receipt of WSDOT’s written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director’s designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR’s appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director’s designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall conti nue performance under this AGREEMENT while matters in dispute are being resolved. Section 12 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of natio nal defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; 6. In the case of termination for convenience under subsections A.1 -5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTO R will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or GCB2755 Page 5 of 13 4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may : (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for an y succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT to be terminated or discontinued before the specified end date set forth in the caption header, “Term of Project”, shall require WSDOT to amend the AGREEMENT to reflect the termination date and reason for termination. Section 13 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 14 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. Section 15 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR’s rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 16 Limitation of Liability and Indemnification A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as “claims”), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. GCB2755 Page 6 of 13 B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 17 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 18 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, Project record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services and telecommunication. Section 19 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is vali d if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 20 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Section 21 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 22 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. GCB2755 Page 7 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACTOR Brian Lagerberg, Director Public Transportation Division Authorized Representative Title Print Name Date Date APPROVED AS TO FORM BY: Susan Cruise Assistant Attorney General 9/11/2017 Date GCB2755 Page 8 of 13 EXHIBIT 1 Project Scope of Work Commute Trip Reduction (CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner . The administrative work plan will include the following elements: 1. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and the budget specific to strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. 2. The administrative work plan budget shall identify how the CONTRACTOR will use the state funds provided in this AGREEMENT for each task. The work plan shall also provide an estimate of the other financial resources not provided in this AGREEMENT that will be used to complete each task. 3. The administrative work plan must be approved in writing by the WSDOT Project Manager, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. B. Work to be Performed The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance. C. Use of State Funds for Incentives// The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7 – Progress Reports of the AGREEMENT, in Exhibit 2, “Project Progress Report”, and as integrated with the deliverables identified in the administrative work plan, along with all invoices in accordance with Section 5 – Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR’S approved administrative work plan will be reimbursed by WSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is attached hereto as Exhibit 4, “Final Project Progress Report,” to replace the last quarterly progress GCB2755 Page 9 of 13 report in the period of the AGREEMENT. The final progress report shall provide an estimate of any other financial resources not provided in this AGREEMENT that were used to complete each task and shall provide a list of the funds provided in this AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting partner(s). F. Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances adopted pursuant to RCW 70.94.527(5). G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at http://www.wsdot.wa.gov/Transit/CTR/law.htm. I. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K. Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. L. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR’s contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by WSDOT. GCB2755 Page 10 of 13 EXHIBIT 2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: Agreement number: Biennial targets Estimate of drive-alone trips to reduce to meet goal: Key deliverables: (from administrative work plan)  Completed activities this quarter  Planned activities for next quarter  Describe issues, risks or challenges and resolutions  Estimated expenditures of state funds for this quarter  GCB2755 Page 11 of 13 EXHIBIT 3 Invoice Voucher Template GCB2755 Page 12 of 13 EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2015-2017 Date: Organization: Agreement number: GCB Biennial targets Estimate of drive-alone trips to reduce to meet goal:  Deliverables: (from administrative work plan)  Describe your progress on each of your deliverables this biennium.  Did you meet your targets for this biennium? Why or why not? What were your major successes this biennium? How did they help you make progress toward the goals in your jurisdiction’s CTR plan(s) and/or work plans/scope of work?  What were your major challenges this biennium? How did they hinder your progress toward the goals in your jurisdiction’s CTR plan(s) and/or work plans/scope of work?  How do you measure the performance of your strategies?  What did you learn this biennium?  What would help you be more successful in the future? Please be specific (If it’s more resources, how much and what would they be for, etc.).  For each of the strategies in your administrative work plan, describe your expected outcomes, whether you met those outcomes, and why or why not. Strategy Expected outcomes Performance measures Outcomes met? Why or why not? GCB2755 Page 13 of 13 If your organization used other financial resources besides state CTR funds to implement the activities in your administrative work plan for this agreement, please provide the information below. Source of local funds Estimated funds spent this agreement How the funds were used Total local funds: If your organization disbursed any state CTR funds to other organizations to implement the activities in your administrative work plan for this agreement, please list the total amount disbursed for the biennium below. Organization Total disbursed this agreement Purpose of disbursal Total disbursement: This page intentionally left blank. Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: October 17, 2017 SUBJECT: Grievance Procedure – Americans with Disabilities Act – Authorize SUMMARY: Local governments with 50 or more employees are required to adopt and publish procedures for resolving grievances arising under Title II of the Americans with Disabilities Act (ADA). Grievance procedures set out a system for resolving complaints of discrimination in a prompt and fair manner. These procedures may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Kent. The procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies or to seek private counsel for complaints alleging discrimination or unaccommodated barriers to access. In addition to the Grievance Procedure, City staff developed an Accessibility Request that will be added to the website and used by the public to submit accessibility requests for a wide variety of issues directly to the ADA Coordinator. The ADA Coordinator would then send the request to the applicable department to investigate the issue. Every effort will be made to resolve complaints informally and expediently at the city level based on requests for accommodation. EXHIBITS: Grievance Procedure under the Americans with Disabilities Act Request for Accommodation and Resolution RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: N/A BUDGET IMPACTS: Requests for accommodation and/or grievances will be addressed on a case by case basis. MOTION: Adopt Resolution No. ____, adopting a formal City of Kent Grievance Procedure in compliance with the Americans with Disabilities Act (ADA). This page intentionally left blank. 1 Resolution – ADA Grievance Procedure RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, adopting a policy outlining a grievance procedure under the Americans with Disabilities Act. RECITALS A. The Americans with Disabilities Act of 1990 (“ADA”) requires that cities with more than 50 employees establish a grievance procedure for individuals who wish to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the city. B. The grievance procedure must designate at least one employee to act as the ADA Coordinator and investigate any complaints that the city has violated Title II of the ADA. C. The grievance procedure must be adopted and publicized. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Resolution – ADA Grievance Procedure RESOLUTION SECTION 1. – Adoption. The city of Kent adopts a policy entitled “City of Kent Grievance Procedure under The Americans with Disabilities Act,” attached hereto and incorporated as Exhibit A. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 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 , 2017. CONCURRED in by the Mayor of the City of Kent this _____ day of __________, 2017. SUZETTE COOKE, MAYOR 3 Resolution – ADA Grievance Procedure ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY CITY OF KENT Grievance Procedure under The Americans with Disabilities Act A. Overview This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Kent. The City’s Personnel Policy governs employment-related complaints of disability discrimination. The procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies or to seek private counsel for complaints alleging discrimination or unaccommodated barriers to access. Every effort will be made to resolve complaints informally at the city level. B. Procedures Any individual, group of individuals or entity that believes they have been subjected to discrimination or faced unaccommodated barriers to access as defined by the ADA may file a written complaint with the City’s ADA Program Coordinator using the procedure outlined below. 1. FILING A COMPLAINT (GRIEVANCE) Contents of the Complaint The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. Deadline to File a Complaint The complaint should be submitted by the complainant and/or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation. Where to File a Complaint The complaint should be submitted to: Chris Hills, Risk Manager and ADA Program Coordinator City of Kent City Clerk’s Office 220 Fourth Avenue South Kent, WA 98032 chills@kentwa.gov 2. RESOLUTION OF THE GRIEVANCE (COMPLAINT) Review by the ADA Coordinator Upon receiving the written complaint, the ADA Program Coordinator, in consultation with other city staff, will determine if an external entity should conduct the investigation. If the complaint is against the City of Kent, the city may request that an external entity conduct the investigation. If the complaint is against an entity under contract with the city, the appropriate department and/or division will be notified of the complaint within 15 calendar days, and the city will determine if an external entity should conduct the investigation. Meeting with the ADA Coordinator Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee, will meet with the complainant to discuss the complaint and the possible resolutions. Response from ADA Coordinator Within 60 calendar days of receipt of the complaint, the ADA Coordinator or his/her designee, will prepare a written investigative report for the appropriate department director and Chief Administrative Officer. The report shall include a narrative description of the incident, identification of persons interviewed, findings and recommendations for resolution. Appeal of Response from ADA Coordinator If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Chief Administrative Officer. Response to Appeal from Chief Administrative Officer Within 15 calendar days after receipt of the appeal, the Chief Administrative Officer or his/her designee, will schedule a time to meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Chief Administrative Officer or his/her designee will respond in writing and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint or with a date by which a final resolution will be issued. 3. RETENTION OF COMPLAINT FILES All written complaints received by the ADA Coordinator, appeals to the Chief Administrative Officer, or their designees, and responses from these two offices will be retained by the City of Kent in accordance with the City’s adopted records retention policy. This page intentionally left blank. Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: October 17, 2017 SUBJECT: U.S. Geological Survey Joint Funding Agreement – Authorize SUMMARY: This is an on-going partnership with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2018, the City of Kent will contribute $75,590 to the total annual program costs of $117,715 with the USGS and the City of Tukwila providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City designs. In addition the internet link allows staff and the public to monitor stream flow levels from remote locations at real-time. The stream flow measured by the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criterion to determine the City’s augmentation of flows in Rock Creek from October through December. This agreement will provide for operation, maintenance, and data collection at six gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. The gage information is available to the public real-time at: http://waterdata.usgs.gov/wa/nwis/current?type=flow. EXHIBITS: Joint Funding Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: N/A BUDGET IMPACTS: Costs for this contract will be charged to the Water Utility for the Rock Creek gages and to the Stormwater Utility for the Green River, Mill and Springbrook gages. MOTION: Authorize the Mayor to sign the federal fiscal year 2018 Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey subject to final terms and conditions acceptable to the Public Works Director and City Attorney. This page intentionally left blank. Form 9-1366 (April2015) U.S. Department of the Interior Gustomer #: U.S. Geological Survey Agreement #l Joint Funding Agreement Project #: TIN #: Fixed Gost Agreement FOR WATER RESOURCES INVESTIGATIONS 6000000723 FYl8 18WNWA09800 972298U 9r-600t2s4 F """f No 1 THIS AGREEMENT is entered into as of the lst day of OCTOBER 2017, by the U.S. GEOLOGTCAL SURVEv, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-cost agreement for operation and maintenance of streamgaging stations at the Green River, and Springbrook, Mill and Rock Greeks, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2 The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes ln-Kind Services in the amount of gN/A. by the party of the first part during the period(a) $42,125 OCTOBER l,Z0l7 to SEPTEMBER 30,2019 by the party of the second part during the period(b) $75'590 OCTOBER 1,2017 to SEPTEMBER 30,2018 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of : $ Description of the USGS regional/nations program: (d)Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between th-e parties. (e)The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties.. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually salisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the lnterior Bill for Collection (form Dl-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. lf not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1 983). Name of Customer U.S. GeologicalSurvey United States Department of the lnterior City of Kent USGS Point of Contact Gustomer Point of Contact Name: Address: Name: Title: Telephone: (253) 552-1609Email: mcmastin@usgs.gov By Mark Mastin 934 Broadway St, STE 300 Tacoma, WA 98402 Signatures Date]!ptc.4_7 Cynthia Barton, Ph.D., L.G., L.H.G. Genter Director, USGS Washington Water Science Genter Date_ By Name: Address: Telephone: Email: Signatures Name: Title: Date Date Name: Title: Name Title: Name Title: Name: Title: Date Date Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: October 17, 2017 SUBJECT: Internal Financing – Phase 1 LID 363 Project – Ordinance – Adopt SUMMARY: Internal financing for Phase 1 of Public Works LID 363 224th Street Project in an amount of $3,200,000 will be funded from the Sewerage Operating Fund. The interfund loan will be paid back in annual installments of $350,306.58 over a period not to exceed 10 years. The source of funds is future LID 363 collections. LID 363 collections are scheduled through 2027 with an average annual payment to the City of $527,000. Annual debt payments will be made by the finance department from those LID collections. The debt service schedule is set forth in Exhibit A, which is attached and incorporated into the ordinance. Unless modified by the City Council, the term of the internal financing shall not exceed 10 years and the annual interest rate is to be the higher of 1.68% or the annualized interest rate earned on the investments in the Local Government Investment Pool. The interest rate will be reviewed at the end of each fiscal year and the debt service recalculated if necessary. There is no penalty for early payment of the debt. Any payment above the required annual amount of $350,306.58 will be applied to principal and interest on outstanding principal will be recalculated. As provided in the City’s new Debt Management Policy, the City will issue long-term debt for capital projects which cannot reasonably be financed on a pay-as-you-go funding strategy from anticipated cash flows. The City may issue interfund loans rather than outside debt as a means of financing capital improvements. The issuance of an interfund loan is permissible only after an analysis of the loaning fund indicates that excess funds are available and the use of these funds will not impact the loaning fund’s current operations or constitute a permanent diversion of funds. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Thomas, Ralph NAY: N/A BUDGET IMPACT: $350,306.58 annual debt service paid from LID collections MOTION: Adopt Ordinance No. , approving the internal financing for Phase 1 of the Local Improvement District 363 Project in an amount not to exceed $3,200,000. This page intentionally left blank. 1 2017 Internal Financing Phase 1 – LID 363 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving an internal financing for Phase 1 of the LID 363 South 224th Street Project not to exceed $3,200,000. The Council approves a ten (10) year repayment schedule for the long-term internal financing. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Internal Financing. The City Council approves the internal funding for Phase 1 of the LID 363 South 224th Street Project to come from the following sources and amounts: Sewerage Operating Fund: $3,200,000 The interfund loan will be internally financed over a period not to exceed ten (10) years and will include interest. The total cost for this phase of the project is $22.8 million. SECTION 2. - Repayment. The interfund loan will be paid back in annual installments of $350,306.58 over a period of not to exceed ten (10) years. The source of funds is future LID 363 collections. LID 363 2 2017 Internal Financing Phase 1 – LID 363 collections are scheduled through 2027 with an average annual payment to the City of $527,000. Annual debt payments will be made by the finance department from those LID collections as summarized and set forth in Exhibit A, which is attached and incorporated into this ordinance. SECTION 3. - Financing Terms. Unless modified by the City Council, the term of the internal financing shall be not exceed ten (10) years and the annual interest rate is to be the higher of 1.68% or the annualized interest rate earned on the investments in the LGIP (Local Government Investment Pool). The interest rate will be reviewed at the end of each fiscal year and the debt service recalculated if necessary. There is no penalty for early payment of the debt. Any payment above the required annual amount of $350,306.58 will applied to principal and interest on outstanding principal will be recalculated. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication, as provided by law. 3 2017 Internal Financing Phase 1 – LID 363 SUZETTE COOKE, MAYOR Date Approved ATTEST: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 2017 Internal Financing Phase 1 – LID 363 EXHIBIT A General Obligation Note Interfund Note from Sewer Fund to Streets Capital Projects Fund LID 363 - Project R90094 Repayment Schedule 1 Original Principal Amount 3,200,000.00$ Interest Rate 1.68% Loan Years 10 Note Dated 1/1/2018 Maturity 12/31/2027 Payments ($350,306.58) Date Beginning Balance Estimated/ Actual Interest Estimated/ Actual Principal Total Payment New Balance 12/31/2018 3,200,000.00$ 53,760.00 296,546.58 350,306.58 2,903,453.42 12/31/2019 2,903,453.42 48,778.02 301,528.56 350,306.58 2,601,924.86 12/31/2020 2,601,924.86 43,712.34 306,594.24 350,306.58 2,295,330.62 12/31/2021 2,295,330.62 38,561.55 311,745.03 350,306.58 1,983,585.59 12/31/2022 1,983,585.59 33,324.24 316,982.34 350,306.58 1,666,603.26 12/31/2023 1,666,603.26 27,998.93 322,307.65 350,306.58 1,344,295.61 12/31/2024 1,344,295.61 22,584.17 327,722.41 350,306.58 1,016,573.20 12/31/2025 1,016,573.20 17,078.43 333,228.15 350,306.58 683,345.05 12/31/2026 683,345.05 11,480.20 338,826.38 350,306.58 344,518.67 12/31/2027 344,518.67 5,787.91 344,518.67 350,306.58 - 303,065.79 3,200,000.00 3,503,065.79 Notes: Interest calculated for 92 days for 2017 Interest rate - 5 Year Treasury as of 9/8/17 1 Assessment payments from LID 363 will be 100% applied to the repayment of this loan. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: October 17, 2017 SUBJECT: Interagency Agreement – DUI Operations and Training – Authorize SUMMARY: The Kent Municipal Court wishes to enter into an interagency agreement with the Washington Traffic Safety Commission for grant funding for the DUI court. The grant funds will be used to cover operational costs of the DUI court, and will reimburse expenses of the Kent Municipal Court, city prosecutors, public defenders, and probation officers. As a result, it is appropriate for council to approve the interagency agreement. The current grant fund request will cover the following items: • $10,540: 2018 NADCP Conference, Houston TX • $20,000: Alcohol and Drug Assessments • $69,123: Urinalysis Testing equipment and sample testing • $1000: Bus passes and transportation costs • $15,600: Interpreter costs • $500 Recognition and Rewards • $27,456: Non-benefited 24hr per week employee to assist with UA collection and case management EXHIBITS: Agreement; June 21, 2016 Informational Packet for Operations Committee RECOMMENDED BY: Operations Committee YEA: Boyce, Thomas, Ralph NAY: N/A BUDGET IMPACTS: None for 2017-2019. There may be a budgetary impact in 2020. MOTION: Authorize the Mayor to sign an interagency agreement, also to be signed by the Presiding Judge, between the Washington Traffic Safety Commission and Kent Municipal Court, subject to final contract terms and conditions acceptable to the City Attorney and Kent Municipal Court. This page intentionally left blank. TYHil,IS ã*!¡rìiiiâ ìâ¿rr{ Tl}íi:f ia*rfålæ{xTra?iJ{ *axl&*k¡ T1ì11* INTERAGENCY AGREEMENT BETWEEN ÏHE WASHINGTON TRAFFIC SAFETY COMMISSION AND City of Kent THIS AGREEMENï is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as 'WTSC," and City of Kent, hereinafter referred to as "SUB-RECIPIENT.' NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THEAGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Catalog of Federal Domestic Assistance (CFDA) #20.608, for traffic safety grant project AG -1826-Kent Municipal DUI Court, 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1 , 2017 , and remain in effect until September 30, 2018 unless terminated sooner, as provided herein. 3. STATEMENT OF WORK The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW). Summary; Proposal Detaíls: Kent Municipal Court has implemented a therapeutic DUI court utilizing the 10 guiding principles page 1 of 17 established by the National Center for DUI Courts. Our target population of high risk/high need offenders will be better served through our DUI court, which will utilize intensive supervision and monitoring, with an emphasis on treatment and recovery in order to reduce recidivism, reduce traffic fatalities and injuries, and reduce the cost of lengthy incarcerations. Problems to be addressed: DUI offenders with multiple prior convictions pose a serious danger to our community. Currently, our jurisdiction uses incarceration as the sole means of protecting our community from these offenders. This model does not address the underlying issues of dependency and addiction and therefore does not create long term success for the defendant or the community. Our DUI court will reduce traffic fatalities and injuries caused by drivers under the influence of alcohol and/or drugs, by reducing recidivism for out most dangerous offenders. Use of DUI courts is considered a proven strategy to control repeat offenders under the Target Zero Plan. By focusing our attention on high risk/high need offenders, we believe we will have the most success in reach long term adherence to recovery and thereby increase public safety and decrease recidivism. Goals of the Project: Utilize a therapeutic DUI court to address the danger that high need/high risk offenders pose to our community. Continued development and operation of a DUI court is critical as long-term incarceration does not reduce recidivism for those who have an alcohol/dependence diagnosis. DUI court will emphasize treatment and intense supervision for our participants and hence improve their adherence to recovery, while increasing community safety, Operate a comprehensive and intensive program to reduce the incidence of impaired driving. This will be accomplished through immediate screening, timely and accurate alcohol/drug assessments, mandatory sentencing into DUI court, and intense supervision and monitoring of repeat DUI offenders in accordance with Washington State's TrafficZero Plan (5.18). This goalwill achieve reductions in recidivism for high need/high risk offenders by integrating the criminal justice system and treatment systems to reach greater participant success in recovery; provide intensive court and probation supervision by incorporating frequent alcohol and drug testing, and lastly to establish a financial support system to provide resources to participants on an as needed basis for the initial alcohol/drug assessments, transportation, alcohol and drug testing, and other various from of support identified. Shift our current court culture away from lengthy jail sentences towards focusíng on recovery through individualized treatment success, thereby reducing the average number of days served in jail for these offenders while improving public safety and offender accountability. Strategies Used to Accomplish our Goals Continued development of our specialized therapeutic DUI court, utilizing the 10 guiding principles emphasized at our training and assuring fidelity to the DUI court model (Target Zero 5.1.A2). Develop and strictly adhere to a system of centralized screening, assessment, referral and monitoring system for high need/high risk DUI target population. Ongoing self-assessment of program efficiency through frequent team strategy meetings, participant feedback and continued training. Objective 1:Reduce the average length of stay in jail for high risk/high need offenders to less lhan 242 days. Deliverable 1a. Early identification of DUI court eligible participants Deliverable 1b. Collaborate with outside agencies for global resolutions on outstanding criminal charges Completed by: 912812018 Measures: Average length of stay for 3rd offense DUI less lhan 242 days in Kent Municipal Court jail Objective 2: Reduce the time between the arrest date and treatment entry date for high risk/high need offenders to less than 150 days. page 2 o1 17 Deliverable 2a. Early identification of DUI court eligible participants Deliverable 2b. Arrange for timely alcohol and drug assessments while participants are in custody servicing their mandatory minimum sentences Completed by: 912812018 Deliverable 2c. Direct hire or contract with a chemical dependency evaluator to provide thorough, trusted and timely alcohol and drug evaluations Competed by:612912018 Measure: Participants enter into alcohol and drug treatment within 150 days from date of arrest Objective 3: ldentify and capture critical program data for evaluation by working in conjunction with the team, input from Shannon Carey, and assistance from NCDC and future training's. Deliverable 3a: Locate and collaborate with a DUI court evaluator to assure we have identified and are collecting the critical data necessary to support our program Completed by: 912812018 Measure: Prepare statistical analysis of program participants from 1010112017 through 0913012018 Objective 4: Forge three community partnerships to assure participant support and program sustainability Deliverable 4a: ldentify community partners who are willing to collaborate with DUI court Deliverable 4b: Vet best matches for community needs and DUI participant needs Deliverable 4c: Memorialize joint commitment to DUI court with community partners Completed by: 912812018 Measure: Results of collaboration with new community partners 3.1. MILESTONES AND DELIVERABLES Milestone OR Deliverable Description Reduce the average length of stay in jail for high risk/high need offenders to less lhan 242 days Reduce the time between the arrest date and treatment entry date for high risk/high need offenders to less than 150 days ldentify and capture critical program data for evaluation by working in conjunction with the team, input from Shannon Carey, and assistance from NCDC and future trainings. Forge three community partnerships to assure participant support and program sustainability Completed by Date 09t28t2018 09t28t2018 09t28t2018 09t28t2018 3.2. COMPENSATION page 3 of 17 3.2.1. Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed $144,219.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. 3.2.2.|f lhe SUB-RECIPIENT intends to charge indirect costs, an lndirect Cost Rate must be established in accordance with WTSC policies, and a federally-approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. 3.3, SUMMARY OF PROJECT COSTS Employee salary and benefits: Part time 24 hours non'benefited employee to assist in UA collection and provide case management services to DUI court participants $22.00 per hour/$27,456 annual Budget Category Total $27,456 Travel: NADCP Training in Houston Texas, 2018 $7,040 Contract Services: Alcohol and drug evaluations $20,000 Urinalysis supplies $25,923 Urinalysis Testing $43,200 lnterpreter Services $1 5,600 Budget Category Total $104,723 Good and Other Expenses Registration for NADCP Training in Houston $3,500 Bus passes and other means of transpoilation services $1,000 UMMARY OF COSTS AMOUNT $27,456.00 $7,040.00 $104,723.00 mployee salaries and benefìts: (includes in-state and out-of-state travel) Services (usually ínvolves a 3rd party service provider) uipment (listed in the table below) oods or other expenses (examples: office/printing supplies, postage, software, conference registration fees)$5,000.00 $0.00 $144,219.00 ndirect Costs page 4 of 17 Award and Recognition items $500 (ltems under this category must be pre-approved by the WTSC) Budget Category Total $5000 GRAND TOTAL $144,219.00 - *the original grant awarded included a $3290.00 allocation to pay for a probation officer to obtain her CDP Certification. Since the grant award, the probation officer has changed her mind and we are not seeking these funds. Hence the difference between lhe original $147,509.00 request and the new total of $144, 21 9.00. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit quarterly reports and a final report on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications, trainíng reports, and any slatistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. 5. ADVANCE PAYM ENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTE ONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS AIN HEREINFI] This Agreement contains all the terms and conditions agreed upon by the partíes. No other understandings, oral or othenvise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. page 5 of 17 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures lf any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9, ATTORNEYS'FEES ln the event of litigation or other action brought lo enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted using a standard Form A-19 provided by WTSC or its pre-approved equivalent. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. 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, 2018, must be received by WTSC no later than August 10, 2018, Al I invoices for goods received or services performed between July 1, 2018, and September 30, 2018, must be received by WTSC no later than November 15, 2018. 1 1. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not d¡rectly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the righl, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. page 6 of 17 14. DISPUTES 14.1, Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Pertormance During Dispute. Unless othen¡vise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved, 15. GOVERNANCE 15,1. 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. 15,2. ln 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: 15.2.1, Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreemenl 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.9., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17, INDEMNIFICATIO N 17.1.To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's per{ormance or failure to perform any aspect of the Agreement. This indemnity provision pageT of17 applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident lo the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontraclors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. fhe SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, íts officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive lermination of this Agreement. 1 8. 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. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, lndustrial lnsurance, if required by law 19.2. ll the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.9., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20, LICENS I NG, ACCREDITATION, AN D REGISÏRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE page I of 17 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, 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, The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21 .2. 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 notíce to the furnishing party and giving them 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. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal lnformation according to the Health lnsurance Portability and Accountability Act of 1996 (HIPAA)or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENï shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal lnformation obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1, WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC S101 et seq., and shall be owned by the state of Washington. Work Product íncludes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer progrâms, films, tapeé, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. lf for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof, 23.3. The SUB-RECIPIENT 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 NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will page9ofl7 determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY lf any provision of this Agreement or any provision of any documenl 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. 26, SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE lf the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. ln the event that the SUB-RECIPIENT is gíven the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29, TERMINATION FOR CONVENIENCE Except as othen¡vise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. lf this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination, page 10 of 17 30 TREATMENT OF ASSEÏS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-REC¡PIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement, 30.3, The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6, All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors, 31. 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, APPLICABLE Certifications and Assurances for Highway Safety Grants (23 CFR PART 1300 Appendix A): 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313)when purchasing items using federalfunds page11of17 Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufaclured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items 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. ln order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation, 33. DEBARMENT AND SUSPENSION lnstructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300 33,2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. lf it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the departmenl or agency with which this transaction originated may pursue available remedíes, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WïSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lowertier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "lnstructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered page 12 oÍ 17 transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of parties Excluded from Federal Procurement and Non-procurement Programs. 33,8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part I, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, 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. 33.1 1. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG.FREE WORKP ACT OF 1988 (41tJ S C 81031 34.1. The SUB-RECIPIENT shall 34.1 .1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1 .2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB- RECIPIENT's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. page 13 of 17 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or othenvise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1 .6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABI AND TRANSPARFNCY ACT IFFATAì ln accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if 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 or section 6104 of the lnternal Revenue Code of 1986. 36, FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1,1. 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. 36.1 .2.lf 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 page 14 of 17 and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-granls, and contracts under grant, loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of thís 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. 37. NONDISCRIMINATION 37,1, During the performance of this Agreement, the SUB-RECIPIENT agrees 37 .1 ,1 . To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 2'l and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37 .1 .4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contracVagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contracVagreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1 .5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub- contract or sub-agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACÏ) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S,C. 1501-1508), which limit the political activities of page 15 of 17 employees whose principal employment activ¡t¡es are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body, Such activities include both direct and indirect (e.9., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41, DËSIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: 42. AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. lN WITNESS WHEREOF, the parties have executed this Agreement. The Contact for the SUB-RECIPIENT is:The Contact for WTSC is: Tami Perdue tperdue@kentwa.gov 253-856-5776 Edica Esqueda eesqueda@wtsc.wa.gov 360-725-9886 ext. City of Kent page 16 of 17 Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date page 17 of 17 This page intentionally left blank. Agenda Item: Consent Calendar – 7M_ TO: City Council DATE: October 17, 2017 SUBJECT: Bill of Sale for Stryker Business Center Phase 2 WULF – Accept SUMMARY: Stryker Business Center Phase 2 Wulf is located at 21028 64th Avenue South. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MOTION: Authorize Council to accept the Bill of Sale from Stryker Business Center Phase 2 Wulf for: Watermains, including: • 16 gate valves at $760.00 each and 4 hydrants at $2,500 each. • 1,433 linear feet of 12” Ductile Iron at $125 per LF, 78 linear feet of 6” Ductile Iron at $65 per LF and 37 linear feet of 4” Ductile Iron at $65 per LF. Frontage Improvements: • On South 212th Street from 64th Avenue South to 59th Place South, including 1,390 linear feet at $48 per L.F. of concrete sidewalk with a 10 foot width to 6 foot width,4 new signal poles, lights, curb ramps, etc. at $125,000 each. • On 59th Place South from South 212th Street to 640 feet north of the center line of S 212th Street, including 624 linear feet at $85 per L.F. of 7’ concrete sidewalk, curb and gutter, and widening asphalt pavement. Storm Sewers: • On 59th Place South from South 212th Street to 640 feet north of the center line of South 212th Street, including 33 linear feet of 12” reinforced concrete storm pipe at $43 per LF. This page intentionally left blank. KENT MAIL TO: CITY OF KENT ENGIN EERING DEPARTMENT ATTN: OzzieCarrasquilla 22O - 4TH AVENUE SOUTH KENT, WASHINGTON 98032 Project: Strvker Business CenterPhase-2 Wulf WisHtHclroH Permit #RFCC 21?4391 Location: 21028 64th Ave South Parcel #: 660007-0010 BILL OF SALE CITY OF KENT KrNG COUNTY, WASHTNGTON THIS INSTRUMENT made this _ day of , 207_, by and between KV Industrial LLC , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements : A. WATERMAINS: Together with a total of 16 gate valves at $ $76O.OO each, 1[_ hydrants at $2,500 each and/or any other appurtenances thereto. B. SANITARY SEWERS: Together with a total of _manholes at $ thereto. ON (street, easement, etc.) TO South 208th St. each and/or any other appurtenances ON (street, easement, etc.) 64th Ave South (easement) Including 1433 Including 7A li Including 37 I FROM South 212th Street linear feet at $t25 per LF of 12" Ductile Iron (size & type) waterline near feet at $ inear feet at $ 65 per LF of 6" Ductile Iron (size & type) waterline 65 per LF of 4" Ductile Iron (size & type) waterline Bill of Sale 1of5 FROM TO Including linear feet at $per LF of (size & type)sewerline C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM (street, easement, etc.) Including linear feet at $ _ per LF of _ (size & type) (improvement). D. FRONTAGE IMPROVEMENTS: Together with curbs, gutters, sidewalks, lights, trees, landscaping (except residential streets) and/or any other appurtenances TO TO 59th Pl" South TO 640 feet north fo the center line of South 212th St. TO 640 feet north fo the center line of South 212th St. ON South 212 St. FROM 64th Avenue So Including approximately 139O linear feet at $ 48.00 per LF of concrete sidewalk with a 10 foot width to 6 foot width" Including South 212th and 59th Pl. South intersection, (4) four new signal poles, lights, curb ramps, etc. $ 125,OOO.OO each and/or any other appurtenances thereto. ON 59th Place South FROM South 212 St Including approximately 624 linear feet at $ 85.00 per LF of 7-foot concrete sidewalk, curb and gutter, and widen asphalt pavement. E. STORM SEWERS: Together with a total of (3) three catch basins at $ 1650.00 each, and/or any other appurtenances thereto. ON 59th Place South FROM South 212 St Including 33 linear feet at $ 43 per LF of 12" reinforced concrete storm pipe, Bill of Sale 2of5 To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of ,20 -. IN VI|ITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of ,2O _. State of California County of On before me, Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument" Bill of Sale 3of5 ) )) Here inseft Name and Title of the Officer I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public State of California County of On before me, Date Here inseft Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Signature of Notary Public Bill of Sale 4of5 ) )) KENT WaSHtHGToH ENGIN EE R'S CERTIFICATION CITY OF KENT KrNG COUNTY, WASHTNGTON The figures used on the Bill of Sale for Strvker Business Center Phase 2 Wulf (RECC 2134391) project dated May 1, 2OL4, for the same said Stryker Business Center Phase 2 Wulf (RECC 2134391)project, Jav S. Grubb the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barqhausen Consultinq Enqineers, Inc , the firm responsible for the prepa record drawings, Signature ( E ng i neer sta m p req u i red ) Bill of Sale 5of5 NAI, This page intentionally left blank. Agenda Item: Consent Calendar – 7N_ TO: City Council DATE: October 17, 2017 SUBJECT: Central Avenue South Pavement Preservation and Utility Improvements – Accept as Complete SUMMARY: The Central Avenue South Pavement Preservation and Utility Improvements Project consisted of the reconstruction of Central Avenue. Improvements included: • New pavement • Sidewalks • New curb and gutter • New watermain • Re-lining of sanitary sewer lines Existing street trees were removed and the damaged sidewalks were repaired. The trees will be replaced in a future project and is currently in the design phase. The project started in July of 2015 and was completed in July 2017. The original contract amount was $5,819,698.74. The final contract amount came in at $5,422,617.44. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was funded from a Federal Grant, Business & Occupation Tax, City Water funds and the City Sanitary sewer fund. MOTION: Authorize the Mayor to accept the Central Avenue South Pavement Preservation and Utility Improvements Project as complete and release retainage to Marshbank Construction, Inc., upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Other Business – 8A_ TO: City Council DATE: October 17, 2017 SUBJECT: Assignment of accesso ShoWare Lease between the Seattle Thunderbirds and City of Kent – Approve SUMMARY: On August 7, 2007, the City entered a 30-year License Agreement with Thunderbird Hockey Enterprises, LLC, which owns the Thunderbirds Hockey Team franchise (Team). The Team is a member of the Western Hockey League (WHL). The License Agreement, which was amended in the spring of 2012, defines the relationship between the City and the Team for the Team’s use of the accesso ShoWare Center. Section 11.5 of the License Agreement provides that the owners may not transfer their rights or responsibilities under the License Agreement to another entity without the consent of the City, which consent may not be unreasonably withheld, conditioned, or delayed. Recently, the owners of Thunderbird’s Hockey Enterprises, LLC, entered negotiations with the owners of Silent Aire-USA, Inc., for the sale of the Team franchise. After reaching an agreement in principal, the WHL, which must approve all franchise ownership transfers, began its due diligence review of the financial soundness of the proposed new owners, the ability of the prospective owners to comply with WHL requirements, and their willingness and ability to comply with the commitments of the current owners. In a September 29, 2017 memo, Bob Benson on behalf of the WHL reported that as a condition of approval of the transfer, the WHL would require the new owners to fully comply with the License Agreement with the City, as well as other terms designed to lend stability to the franchise in Kent. The memo also reported that the WHL determined the prospective owners to have substantial net income and strong enterprise value. The memo also informed the City that the prospective owners intend to retain the current owners for two and three years to manage the daily operations of the team. On October 4, 2017, the Western Hockey League Board of Governors unanimously approved the transfer of ownership to Silent Ice, Inc., a corporation established by the owners of Silent-Aire-USA to own and manage the Team. The transfer of ownership will become final upon the City providing its consent. EXHIBITS: City of Kent’s Consent to Assignment and Transfer of Thunderbirds to Silent Ice, USA, Inc.; September 29, 2017, Memorandum from Robert Benson on Behalf of WHL; October 10, 2017, Memorandum from Silent Ice USA, Inc. MOTION: Authorize the Mayor to consent to the transfer of ownership of the Thunderbirds Hockey Team to Silent Ice, Inc., subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. RECOMMENDED BY: Ben Wolters, Director, Economic and Community Development BUDGET IMPACTS: None CITY OF KENT'S CONSENT TO ASSIGNMENT AND TRANSFER OF THUNDERBIRDS TO SILENT ICE USA, INC. (SALE Oþ'II4EMBERSHIP INTERESTS AND CHANGE IN CONTROLLING MEMBER OÌt TÍIUNDERBTRD HOCKEY äNTTj.RPIilSES, LLC) THIS CONSENT OF THE CITY OF KENT (this "Consent") is entered into as of 2017 (thc "Effective Date"), between, CITY OF KENT, a code city and municipal corporation of the State of Washington (the "City"), THUNDERBIRD HOCKEY ENTERPRISES, LLC, a Washington limited liability compâny ("Team"), and SILENT ICE USA, [NC., a Delaware corporation ("Silent lce"). RECITALS WHEREAS, the City, as licensor, and the Team, as licensee, are parlies to that certain License Agreement dated as of August 7, 2A07, as amended by that certain First Amendment to the License Agreement dated as oFApril 3,201,2 (collectively, the "License Agreement"); WHEREAS, the current owners of the Team have entered into an agreement with Silent lce to sell all of the membership interests in and to the Team to Silent Ice (the "Contemplated Transaction"), which Contemplated Transaction, if consummated, would result in a change in thc controlling member of the Team; WHEREAS, Section 11.15 of the License Agreement requires that the City consent to, among other things, any "ghange in the controlling member of the Team", such consent not to be unreasonably withheld, condition or delayed; and V/HEREAS, the Team and Silent Ice desire to obtain the City's consent to the Contemplated Transaction, including, specifically, the sale of all membership interests in and to the Team to Silent Ice and the change in the controlling member of the Team resulting thereof, and the City is willing to consent to the Contemplated Transaction, including, specifically, the sale of all membership interests in and to the Team to Silent Ice and the change in the controlling member of the Team resulting thereof, pursuant to the conditions set forth below. CONSENT NOW, THEREFORE, in consideration of the f-oregoing recitals, the covenants and agreements herein contained, and for other goocl and valuable consideration, the receipt and suff,rciency of which is hereby acknowledged, the parties hereto hereby agree as follows: L Consent. Subjcct to the conditions and covenants set forth herein, the City hereby consents to the Contemplated Transaction, including, specif,rcally, the sale of all membership interests in and to the Team to Silent lce and the change in the controlling member of the Team resulting thereof. The Team and Silent ice understand and agree that this Consent shall not be deemed a waiver of any term, covenant, condition, or provision contained in the License Agreement, or an authorization or consent to any further assignment or subletting of the License QB\4¡1345r.)8 r.3 I 0 I 3l 7 :01 rì hi2 lbrvl)ìv¿ Agreement, or transfer of any further ownership interest in Team. The consent of the City is not final until the city, the Team, and silent Ice have each executed this consent. 2. Effective Date. The Effcctive Date shall be the clate set forth in the introductory paragraph hereof. 3. Team Covenants. The Tearn covenants to the Cíty that the Team shall be and remain fully obligated to the City for any and all of the Team's obligations, duties, and liabilitìes set fofth under the License Agreement in accordance with the terms and provisions thereof, and that the Conternplated Transaction does not, and shall not, alter, modify, change, or otherwise relieve the Team of any obligations, duties, or liabilities of the Team to the City as set forth under the Liccnse Agreement. The Team agrees that the obligations, duties, and liabilities of the Team as set forth under the License Agreement are unchanged by this Consent. 4. Silent lce- Cqvenant. Silent lce covenants to the City that the Team shall be and remain fully obligated to the City for any ancl all of the Team's obligations, duties, and liabilities set fofth under the License Agreement in accordance with the terms and provisions thereof, and that the Contemplated Transaction does not, and shall not, alter, modify, change, or otherwise relieve the Team of any obligations, duties, or liabilities of the Team to the City as set forth under the License Agreement. Silent Ice agrccs that the obligations, duties, and liabilities of the Team to the City as set forth under the License Agreement are unchanged by this Consent. 5. Licenqe Agreement. The City confirms that (i) the License Agreement is in full force and effect, and (ii) except as set forth above, the License Agreement has not been amended, modifi ed, or supplemented. 6. Condition o.f .C--ortssnt. The parties agree that this Consent, as set forth in Section l, is conditioned on the execution of the Franchise Ownership Transfer Agreement which shall contain the provisions of the WHL Terms and Conditions for Transfer of Ownership as set forth in Exhibit A, which is incorporated herein by this referencc, as well as the condition that Silent Ice will, at a minimum, provide the same general level of community support through financial and other contributions as was provided by the team during previous hockey seasons, and will endeavor to grow its financial support of community programs in the city of Kent and surrounding areas. In the event the Franchise Ownership Transfer Agreement containing the above conditions is not executed within fourteen (14) days of the Effective Date of this Consent, this Consent shall be null and void without a requirement of further action by the City; provided, however, an extension in the time for signing the Franchisc Ownership Transfer Agreement containing the above conditions may be approved in writing by the attomey for the City, which approval shall not be unreasonably withheld, conditioned, or delayed. 7. Successors. This Consent shall bind and inure to the benefit of the parties and their successors and assigns. 8. Rptificatiofr. Except as modified herein, the License Agreement shall remain in full force and effect. 9. Capitalized Tqnns. Capitalized terms not defined herein, shall have the meaning set forth in the License Agreement. QB\4834508 r.3 2 ¡01 I l7 201 fJ hil I brv0.lvz I0. Cottnterp¿rts. This Consent may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument. [SrcNerunEs oN FoLLowrNG PAGE] QB\48r4so8 r ,i l0l8l 7 2tlliì hill bw03vz By: IN WITNESS WHEREOF, the parties have executed and delivered this Consent the day and year first above written. CITY: CITY OF KENT, a code city and municipal corporation of the State of Washington By: Name:Suzette Cooke Tirle:Mavor- Citv of TEAM: THUNDERBIRD HOCKEY ENTERPRISES, LLC, a W'ashington limited liability company Name: Title: SILENT ICE: SI.LENT ICE USA, INC., a Delaware corporation By: Name: Title: QB\4834508 r.3 4 l0l 817 ¿0ltì hi2lbw03vz 2 J 4 5 6. 7 8. 9 EXHIBIT "A' WHL Terms and Conditions for Transfer of Ownership Be liable for any and all claims, actions, cause of actions, obligations, deficiencies, liabilities, damages, costs losses and expenses whatsoever which the WHL may suffer, sustain, pay or incur. Indemniff and hold harmless the WHL and its employees, offrcers, directors and member clubs and their respective employees, offrcers, directors, members and shareholders from and against any and all claims; any claims by any creditors of the IVHL franchise against the WHL or WHL representatives; any claims by any party against the WHL or WHL representatives claiming an interest in the ïWHL franchise rights. Reimburse the IWHL for all direct reasonable legal and other costs, disbursements and expenses, incurred by the WHL in the due diligence and approval process, preparing or reviewing documents and in reviewing matters relating to the transaction for which the purchaser shall pay to the WHL an application fee of $50,000 (U.S. Funds) to offset the costs. Once the WHL has determined the costs, any balance after deducting the costs shall be refunded to the purchaser. The Club has adequate sums of working capital continuously available to itto properly operate the franchise in accordance with the Franchise Owner Transfer Agreement and the IWHL Bylaws and Constitution. Provide written confirmation satisfactory to the WHL, from a third party, of the personal net worth of the proposed principal owner of the franchise. Provide to the WHL a comprehensive three (3) year business plan for the franchise outlining, in detail, proposed financial forecasts and marketing strategies as well as a comprehensive community involvement plan. The Purchaser shall obtain consent for a change ofcontrol ofthe tenant pursuant to the current lease and assume the obligations of the cunent lease with the City of Kent. The purchaser shall provide additional information as deemed necessary by the WHL from time to time, dealing with proposed franchise operational matters such as club governance model, practice facilities and additional details on its financial forecasts, which are consistent with WHL requirements for other members. Comply with any other conditions as may reasonably be required by the WHL in accordance with the V/HL By-laws and Constitution. 00319999vl 10. ll 12. l3 14. 15. 16. 17. l8 t9 Ensure that the proposed principal owner serves as Governor of the Club and that the proposed principal owner takes an active role in the affairs of the \ryHL, including regular attendance at V/HL Board of Governors meetings. Hire qualified personnel with extensive experience in the industry for the business and hockey operations of the WHL franchise. Operate and maintain in good standing the WHL franchise in the City of Kent, Washington. Ensure that either an owner of the franchise, or a key business employee of the new ownership, maintains a perTnanent residence in the City of Kent and participates in the business affairs of the community on a regular basis. Comply with the WHL's education scholarship program and be liable for all commitments and obligations arising thergunder, including without limitation, the payment of player scholarships and education commitments or any other player education costs which accrue to the V/HL franchise. Comply with the WHL Bylaws and Constitution and all rules, regulations and policies established by the V/HL, including rules with respect to player recruitment and compensation, to ensure all WHL Clubs continue to have equal access to the player talent pool. Operate the Club in fi¡ll compliance with and respect for current WHL practices, standards and expectations as determined by the rtrHL from time to time, including league wide business model and related business practices, and in accordance with the rules, regulations, operational standards and guidelines of the WHL as amended, supplemented or replaced from time to time. Assume sole responsibility for all liabilities and obligations associated with the WFIL franchise. Provide annually to the WHL full and accurate disclosure of the financial operating results of the WHL franchise, in accordance wiih guidelines established by the WHL. Commencing the closing date, pay annual V/HL league dues as established by the V/HL each year, currently $2,750 (CDN Funds, plus tax and GST) per month, subject to change by WHL resolution. 20. Comply with all terms and conditions of the arena facility lease or license. $319999vr 2l Execute the WHL's standard player compensation Afüdavit or Statutory Declaration annually. Execute any and all such documents and agreements reasonably required by the WHL for all of its member clubs that are used and approved by the ïVHL from time to time and operate the WHL franchise in accordance with and to comply with terms and conditions of all such documents and agreements. 23 All transfers of franchise ownership require approval by Special Resolution (2/3 majority) of the ït/HL Board of Governors. WHL Office - August 2017 22. 003r9999v1 This page intentionally left blank. This page intentionally left blank. © 2017 Silent Ice USA, Inc. October 10, 2017 MEMORANDUM TO: The City of Kent FROM: Silent Ice USA, Inc. RE: City Consent to Change in Ownership Pursuant to License Agreement by and between the City of Kent and Thunderbird Hockey Enterprises, LLC (as amended) DAN AND LINDSEY LECKELT Dan and Lindsey Leckelt are Canadian entrepreneurs and owners of the Silent-Aire group of companies, with operations in Edmonton, Alberta; Seattle, Washington; Gilbert, Arizona; Ashburn, Virginia; & Dublin, Ireland. Silent-Aire is a global HVAC and data center manufacturing company with Seattle-area based clients that include two of the world’s largest hyperscale cloud providers. Additionally, over 50 schools in Washington State utilize Silent-Aire HVAC equipment. COMMITMENT TO THE CITY OF KENT, WA Current leadership of the Thunderbirds is remaining in place. We have the mandate and expectation that the team will continue operations and community involvement at or above past levels. It should be noted that the Franchise Ownership Transfer Agreement with the WHL has this mandate as a stipulation. The current facility (accesso ShoWare Center) is considered to be “top in class” in the WHL, and we are proud to call the facility our home for the next 20+ years. The facility and strong relationship with the City are a large part of the reason the new ownership group made this investment in the Thunderbirds. Further, note that the Leckelts have begun the process of looking for a house in the City of Kent. The owners have several other investments in and around the Seattle area, and are looking to expand their community involvement in the future. SILENT ICE USA, INC Silent Ice USA, Inc. is a newly formed C-Corp incorporated to hold the interest in Thunderbirds Hockey Enterprises, LLC. This the new entity was incorporated for the following reasons; - Operational Separation – It is important to separate hockey operations from other operations. - Taxes – Silent Ice USA, Inc has been set up as a U.S. corporation for U.S. income tax purposes. - Branding – Silent Ice USA, Inc. is a subsidiary of Lindan Equities USA, Inc., the primary U.S. holding company of Dan and Lindsey Leckelt. An additional holding company (Silent Ice Inc.) was put in place strictly for branding of their current hockey operations in Canada. The Silent Ice group has significant investment in Canada and is growing, and keeping the brand that has been established is important. Having the U.S. entity provides a structure for further investment in U.S. operations in the future while meeting the above goals. It should be noted that the owners of Silent Ice USA, Inc. have substantial strength and resources behind them. An extensive amount of due diligence was performed by the WHL during the sale process, and we understand a memorandum summarizing its findings and noting its approval of the transfer has been provided to the City. Sincerely, Dan Leckelt Lindsey Leckelt This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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 This page intentionally left blank. Page 1 of 9 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 10/17/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, October 17, 2017 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • We have a special workshop on the YMCA / Morrill Meadows Park / East Hill Park project on Thursday, October 19, at 5 p.m. (The council’s Parks and Human Services Committee moved its meeting to 4:30 p.m. that day.) • The Police Department has put an emphasis on downtown parking enforcement due to reports from merchants of commuters parking all day in two-hour spaces. In the program’s first month, our parking enforcement officer issued 40-60 infractions per week. • We are working to recognize the outgoing mayor and councilmembers. Please stay tuned for more details: o Outgoing councilmembers will be recognized prior to the regular city council meeting on Tuesday, November 21, at 6 p.m. o Mayor Cooke will be recognized similarly on Tuesday, December 12, at 6 p.m. o Mayor Cooke also will be recognized at a ticketed evening celebration on Thursday, December 14, at accesso ShoWare Center. Clerks • The staff continues to work with the Information Technology Department on the implementation and deployment of both the Laserfiche project for document imaging and the agenda routing system that will be accessible by the public when seeking information and documents regarding council committee meeting minutes, agendas, and videos. • Staff is currently preparing contracts for annual destruction. A comprehensive list of the contracts set for destruction will be routed to all departments for their review prior to destruction. Communications • Community Engagement o The Kent Cultural Communities Board hosted a City council candidate forum on September 26 and a Mayoral candidate forum on October 10. Both forums were Page 2 of 9 held at Kent-Meridian High School’s East Wing Auditorium. The moderated forum featured a question-and-answer session that focused on issues that impact underrepresented groups, as well as immigrant and refugee communities. o The City of Kent’s application for the Community Connections pilot program was accepted by Washington’s Department of Transportation. Our application ranked first among eight cities, and focused on immigrants, refugees and low income folks accessing employment. The purpose of the pilot program is to address transportation gaps that exist for late night and early morning shift workers who commute to the Kent valley’s manufacturing industrial center (MIC). The pilot project is in the assessment phase, and we are currently looking for businesses located in the Kent Valley’s MIC to join the stakeholder group. Amazon is the first business to join the stakeholder group. • Neighborhood Program o Matching Grants Awarded for April 13, 2018 completion. 1. Saltair Hills Neighborhood Council - Build and install two new benches on the southeast corner of S. 250th St. and 25th Ave. S. Grant Award: $272.16, Neighborhood Match: $939.49 2. White Horse Crossing Neighborhood Council - Build and install a communication kiosk on the Northwest corner of 127th Ave. SE and 126th Ave. SE Lot 109. Grant Award: $450.00, Neighborhood Match: $490.91 ECONOMIC AND COMMUNITY DEVELOPMENT Long Range Planning Services • Staff participated in review of grant proposal presentations for the City of Kent Neighborhood Matching Grant Program. Applicants included the Saltair Hills, The Lakes, and White Horse Crossing neighborhoods. • On September 28 and 29, staff attended the Washington State American Planning Association (APA) conference. Sessions included State of Homelessness in Washington, Road Map to Washington’s Future (independent Ruckelshaus study on the future of the Growth Management Act and other state development regulations), “Taking It To the Streets” (green streets as key spaces in the public realm), and Urban Nature for Social Resilience. • Staff worked with Sound Transit to finalize the alternatives analysis for potential Sounder station garage sites. Results of the alternatives analysis, including information from stakeholder and public engagement, were presented to the Public Works Committee on October 2, and the Economic and Community Development Committee on October 9. Staff also presented the staff-recommended site. Staff recommendation is Site 3, which comprises the Washington Cold Storage site, the Sound Transit-owned surface parking lot on the corner of Railroad Avenue and James Street, and private properties along Central Avenue. The ECD Committee supported staff’s recommendation. • Staff continues to work closely with the Public Works department and consultants on the Meet Me on Meeker Design and Construction Standard Overlay. Staff is coordinating with WSDOT on traffic analysis as well as with KDP on historic standards and the Kent Bicycle Advisory Board on the bicycling facilities. The effort continues with presentations to Land Use Planning Board, ECD Committee and Public Works Committee, and the goal is to have the standards adopted by the end of the year. Page 3 of 9 Building & Permit Center • Upcoming Projects o WLDC and Fox Terra Company – Pre-App 84 Ave S, Proposal to build a 7-Eleven and Starbucks o Central Short Plat – Pre-App Central Ave N. Proposal to subdivide parcel #1322049080 (0.8-acre lot) into two lots. The west half is zoned GC-MU (general commercial mixed use) and contains a single family residence, and the east half is zoned MR-M (medium density - multifamily) and is vacant. Short plat is proposed along the zoning boundary. The west half will remain as is while the east half is proposed for multifamily development. Construction to include (1) 3- story, 6-8 unit building with associated parking. o Biegler Short Plat – Pre-App 116 Ave SE, Proposal to subdivide property into two single family lots, construct a new single family residence on lot #2 and retain existing residence on lot #1. o PSBS 212 BSI Park - Pre-App S 212 St, Proposed construction of new warehouse building. o Yoshida Kent - Pre-App S 222 St, Proposal to construct (2) new single-story buildings (Type VB) on parcel #7759800030 for retail and office-type uses. Buildings are to be roughly 4,730 sf and building B 3509 sq ft. One tenant has been secured, and will occupy roughly 2200 sq ft of building B for a karate studio. The remaining tenants have not been identified. o Woodspring Suites – Pre-App E Novak Lane, proposed to build a 4-story, 122- key, hotel on two parcels Novak Lane. The site currently has two single family residences, a detached garage, and several small outbuildings at the southern limits. Access to the site will be from two separate driveways along Novak Lane. o Shiva Short Plat – Pre-App 100 Ave SE, Proposal to subdivide .95 acres into (7) single family residential lots. Will create pond to the west of the property to extend into existing city owned pond. Property is located at 24xxx 100th Ave SE. • Issued Projects o Arco Fuel Facility – Civil Construction, 116 Ave SE, Develop a new 3,054 sf convenience store with a vehicle fueling facility consisting of a 4,408 sf canopy over 8 fuel pumps and 2 underground storage tanks. o Saggu Auto Shop Expansion – Civil Construction, SE 244 St, New building and associated facilities including parking lot, storm and landscape improvements. o Amazon Kent – Alteration 59 Pl S, Improvements and upgrades to the material handling equipment, scope of work to include demolition of portion of existing equipment for installation of new equipment. o Rainier Park (Single Family Residential), Address: in the vicinity of 123rd Pl SE and 251st Pl., Rainier park subdivision picked up 8 house plans in addition to 11 water and sewer permits for previously issued houses. Permits • Total Issued: 164; Valuation: $12,124,760.58 Inspections • Passed: 368, Failed: 69, Continued: 12 EMERGENCY MANAGEMENT – no report FINANCE – no report Page 4 of 9 HUMAN RESOURCES Administration/LEAN/Community Outreach • Community Outreach o The October Cultural Community Conversation was held on Wednesday, October 11, from 9-10 a.m. in Council Chambers. Information on the Latino community will be featured as part of Hispanic Heritage Month in a presentation by Mirya Munoz-Roach of Centro Rendu. o Staff is participating in the Green River Diversity & Equity Council (GDEC). o Staff is participating in a SHRM Luncheon Panel discussion to address ‘Building a Workplace that Fosters Success for a Diverse Workforce.’ • Innovate Academy o Six staff members attended Innovate Basic Training and are identifying process improvement projects to earn their Just Do It! Leader designation. o Three staff members are completing the Innovation Leadership training for managers and supervisors. o Finance team managers completed Process Performance Metrics workshops. Benefits • Preparations continue for Benefits Open Enrollment, which will be held in November. Labor, Classification Compensation • Memos on the results of the Non-Represented Employee Salary Survey were sent to all non-represented employees on Monday, October 9. • Staff is working on a number of other classification items from departments across the city. Recruitment • Eligibility lists have been established for Entry Level Police Officer and Entry Level Corrections Officer recruitment. • Sergeant position remains open for applications until Friday, October 13. • Community Education Coordinator remains open in-house until Monday, October 16. • Test development is in progress for the Sergeant promotional. INFORMATION TECHNOLOGY • Number of tickets opened - 322 • Number of tickets closed - 271 LAW • Law Department staff gathered information and negotiated an agreement to provide the City’s consent for the transfer of ownership of the Thunderbirds. • Staff worked to resolve a number personnel matters as well as an FLSA issue the HR department was working on. • A considerable amount of time was spent by staff preparing information necessary to conduct the hearing for the surplus of property associated with the YMCA project, as well as the removal of restrictive covenants associated with the involved properties. • Legal staff assisted the Public Works Department is establishing an ADA grievance process for people with disabilities who utilize public facilities. Page 5 of 9 • Pat Fitzpatrick gave a presentation on Homeless Camp cleanup to the City Managers Association. • 38 correction notices for code enforcement matters were reviewed and approved by Law Department staff, along with the review and approval of nine Notices of Violation and two Voluntary Correction Agreements. • Law Department staff conducted the second and third round of negotiations with Comcast toward a new franchise. • Tom Brubaker made a presentation to WSAMA on unconstitutional gifts of public funds. MUNICIPAL COURT – no report PARKS, RECREATION, AND COMMUNITY SERVICES • Centennial Center Gallery features art works by Lisa Myers Bulmash and Kathleen McIver through October 27. A reception on October 5 was well attended. • Kent Creates, the online art gallery, opened a new exhibit, “Holiday Traditions,” the first week of October. The exhibit will run through the end of the year. People are encouraged to share their holiday traditions at kentcreates.com. Entries can be photographs, recipes, videos of dances, short films, poems, painting, drawings and anything creative. • Spotlight Series kicked off its 20th anniversary season on Friday, October 6 with Wylie and the Wild West. An enthusiastic crowd of 140 attended the performance at the Kent- Meridian PAC. • The “Expanding Your Mind” series featured Hamilton, Beyond the Musical on Wednesday, October 4 with over 100 people in attendance. Award winning author Martha Brockenbrough discussed her latest book Alexander Hamilton: Revolutionary. The author shared historical stories in a multimedia presentation featuring music, slides and artifacts, including an authentic revolutionary War cannon ball. • The Kent Firefighters Foundation honored Kent seniors on Friday, October 6, by setting up, serving, cleaning up and subsidizing lunch for 180 participants. Seniors enjoyed a delicious lunch of hand breaded chicken breast, rice pilaf and green beans. • Approximately 60 individuals attended the Youth Initiative Community Meeting on Sept 25th at the Parks Community Center to learn about the next phase of the Youth Initiative. Improved communication and awareness of current services and programs available to youth is a major focus of the work. • As a part of the Regional Workforce Strategy Group, staff convened two information- gathering sessions in Kent to get input on challenges and gaps in the current workforce system and ideas for solutions. A diverse group of community based organizations, employment and training service providers, and colleges attended. This information will be summarized for the Regional Workforce Strategy Group and will feed into their recommendations for the City of Seattle Mayor and King County Executive. • Staff co-convened a countywide rotating and winter shelter task force along with staff from the City of Redmond. The task force is reviewing data from the Homeless Management Information System (HMIS) to understand better why utilization rates are low for these categories and how to improve usage. Some challenges are inherent to these types of shelter, but several short-term and long-term solutions were identified at the first meeting. Page 6 of 9 POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Entry level officer Hunter Hamilton starts on October 16. Significant crime activities/arrests/investigations • September 29 – officers were dispatched to a Domestic with a gun at the Royal Firs Apartments. Officers arrived and observed a vehicle speeding out of the complex and a short pursuit ensued. The suspect vehicle collided with several parked cars as he drove into a cul-de-sac. As he maneuvered out of the street he intentionally rammed two police units. At one point the suspect slowed enough for a passenger to jump from the car before speeding off again. He turned onto another street and collided with a parked car, which disabled his vehicle. The suspect fled on foot. A good perimeter was established and K-9 was deployed. After a successful track the suspect was apprehended. The suspect was later booked into KCJ for Felony Harassment, Assault 3x 2, Eluding and Order violation. Two police units sustained minor damage and three officers received minor injuries but refused medical aid. • September 30 – Subject #1 had posted a stereo online on OfferUp and agreed to meet a buyer for the stereo (Subject #2) at Winco. Subject #1 arrived and was contacted by subject #2 and several other males who were claiming that the stereo for sale had been stolen from them. Subject #1 had a .380 pistol in his pocket for protection, but subject #2 took it from him as they argued. Subject #1 ran into the Winco in an effort to get away from subject #2, after his gun was taken. Subject #1 was chased into Winco and punched several times in the eye, by two people associated with subject #2. Subject #2 and the people he was with, left after taking the stereo and the gun with them. • October 1 – officers were dispatched to the report of an illegal discharge occurring somewhere east of the 18000 block of East Valley Highway. A verbal dispute took place in front of the strip mall and quickly escalated, ending with a 46-year-old male shooting a 31-year-old male, killing him. Another associated male then shot the 46-year-old male, critically injuring him and fatally wounding a different 28-year-old male that was also involved. • October 4 – SIU made two warrant arrests and confiscated weapons linked to over 20 shootings. • October 7 – A 15-year-old was captured after dumping a stolen rental Mustang at Benson Trace Apts. He attempted to flee on foot and was found hiding in the nearby Fil Cuisine restaurant. History of subject: He and his friends were responsible for over 50 stolen vehicles within nine months in 2015-2016. He was recently released from custody after a lengthy sentence and is known to carry firearms and proudly display them on his Facebook page. Unfortunately, he was released from Juvie to DSHS October 9 and DSHS reported him as running away right after. Major emphasis patrol • September 18 – John sting; 10 arrested and five cars impounded. • October 1 –Kent Police worked with Auburn Police and conducted an emphasis to target illegal street racing. The efforts of both departments made it possible to combine resources and contain a large group of illegal street racers and attendees in a warehouse complex in the north end of Kent. The teamwork resulted in about 30 arrests, 20 citations, and the impounding of 25 cars. Page 7 of 9 Events and awards • October 11 – A community meeting was held at Panther Lake Elementary with a special presentation on POD Cameras (Portable Observation Devices. PUBLIC WORKS Design • S 224th St Project 84th to 88th – Aerial easement/Airspace Lease delivered to WSDOT for execution September 23, signed by WSDOT on September 28. Negotiations continue with Hytek. Hytek site cleanup progressing. • S 224th St Project 88th to 94th – Completed and secured rights from four of eight parcels impacted by the project. Condemnation proceedings anticipated to begin early November. • S 228th St UPRR Grade Separation (and 228th Bikeway) – 70% review completed – comment resolution meetings to be scheduled. Advertisement pending securement of Right-of-Way. Completed and secured rights from four of 11 parcels. Negotiations continue with remaining businesses. • Naden Local Access Road Willis ST to Naden Assembly – Supporting Economic Community Development (ECD) meeting to review and finalize Kent preferred alternative of consultant analysis and recommendations for on-site drainage conveyance options. Internal meetings needed for evaluating basin future demands/capacity and roles/responsibilities between ECD/Public Works. • East Valley Overlay – Letters to utility companies were sent September 22. Kick off meeting to be scheduled the week of October 16-21. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) - Mobilization, clearing and Temporary Erosion Sediment Control (TESC) on the West side of SR 167 has begun. The first rebar delivery took place Monday October 9 and crews will be assembling rebar cages for the next several weeks for use in the bridge construction. Night work is ongoing on SR 167. Paving repairs in the northbound and southbound shoulders are complete and this week the contractor will proceed with re- channelization of the work zone and temporary barrier installation in both directions on the freeway to create a safe work zone in the median of SR 167. When the work zone is established in the median, demolition of the existing barrier and road surfacing for fiber optic relocation will proceed. • S 212th St and 72nd Ave S Intersection Improvements - Both 212th and 72nd are open to traffic. The contractor will be on site this week completing the pedestrian crossings, traffic signal loops, and final channelization. Lane closures will be implemented on an intermittent basis for the remaining electrical and punch list work. • Habitat Conservation Measure 6 - Initial contract work is complete. Planting will take place this fall. • 132nd Ave SE Pedestrian Improvements - Block wall construction and storm pipe installation is complete. Work is underway on a mid-block pedestrian crossing at the 25100 block of 132nd Ave. Grading for pathway construction is underway and hard surface placement will begin soon. • S 212th Way Overlay - The first lift of overlay paving is complete on the westbound lanes. Paving will continue nightly for the following week. • S 240th St Pathway Improvements – Green River Trail to Lakeside Boulevard - Construction is scheduled to proceed Monday, October 16. Page 8 of 9 • S 228th Grade Separation at Union Pacific Railroad – Joint Utility Trench - Construction is scheduled to proceed Monday, October 16. • Lake Meridian Estates Storm Drainage Repair - Storm line relocation at the North end of the property will be completed this week followed by final paving restoration. • Hawley Road Levee – Connection to SR 167 - The preconstruction meeting took place on Thursday, October 5. Construction began Monday October 9 the majority of work is expected to be done this week. • Horseshoe Bend Levee Storm Outfall Pipe Slip Lining - Repair work is near completion. • Meridian Valley Creek Erosion Repair - Contract work is ongoing and nearing completion. Placement of log jams still needs to be done. Transportation • Transportation staff will be meeting with the Washington State Department of Transportation and Poulsbo RV to discuss the status of the SR 509 Project as it relates to property impacts. • A Meeting to discuss the Quiet Zone with the UPRR was scheduled for October 10. • Signal Technicians are collecting data and preparing for the Valley Signal System Upgrade which includes the installation of the flashing yellow arrows in the north industrial valley. Land Survey • The Land Survey division continues to provide active construction staking support on 132nd Ave. Pedestrian Improvements, SE 224th Avenue Phase One Utility work, Hawley Road Levee and night work on the SR167 traffic revisions for 228th bridge construction. Field staff is also mapping Lake Meridian Estates for future construction needs and have attended safety training for on-site excavations. Office staff is completing a Record Survey Map on Pacific Coast Highway for recording. GIS • The GIS division is working on extracting the remaining Capital Improvement Project (CIP) Water As-built data from final plan marked redlines. This water data from the capital improvement project is required for the overall 2017 Water Plan Update. GIS is finalizing as-built work flows with both the Economic Community Development Department and Construction Inspection for LEAN process. As-built information is the data source for city utility asset mapping and inventory used by various city departments. Multiple LID (Local Improvement District) information requests are being answered for the Finance relating to parcel’s within city limits. Environmental • Staff is met with the King County Flood Warning Center on Tuesday, October 10 to discuss winter weather forecast and flood preparedness. • Staff met at Seattle District Corps offices on Wednesday, October 11 to discuss Howard Hanson Dam Operations. Streets • Street Maintenance crews will be prepping, pouring, and finishing up the sidewalk on 64th, between 236th and 231st and overlaying roadway at 84th Ave S at Tacoma Screw. They will also be cleaning the retaining walls at the Old Man Fishing Hole on S 196th St and repairing a sinkhole at 23211 114th Way SE. Vegetation crews will be clearing fence lines, removing debris, cutting and removing blackberries at Eagle Page 9 of 9 Creek and Meadow Hills and cleaning traffic islands citywide. The Sign crew will be installing banners downtown and picking up traffic control from Hawktoberfest. Water • The Water Division is finishing up the Kent and King County Water District #111 intertie upgrade project this week and will place it in standby service. They are also maintaining our fresh water quality by performing flushes at 589 dead end locations in the city water system. This process takes 3-4 weeks, and begins this week. Utilities • Sewer crews will be doing monthly line cleaning and performing pump station services. Crews will also be changing a seal at Lindental Pump 1 and performing easement maintenance. • Storm crews will be saw cutting and assisting Street department with asphalting driveway at 33rd Ave. National Pollution Discharge Elimination System (NPDES) crews will be pumping at 225th PL and 94th St and at SE 217th St and 108th St. Fleet/Warehouse • The Radio shop continues work on the Police boat and wiring new trucks. Fleet is working on drop in repairs, scheduled repairs and air brake inspections. # # # This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT