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Home My WebLink AboutPRHSPSC PKT 08-07-2000 (I II n'S City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE ~onday,Þlugust7,2000 12:00 p.m. City Hall ~t. Baker Conference Room AGENDA 1. CÞlLL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. MPROVAL OF JULY 10,2000 SUMMÞlRY 5. CO~~ITTEE BUSINESS A Department of Licensing Interagency Þlgreement B. Jail Interlocal Þlgreement/Chelan County C. Jail ínterlocal Þlgreement/Okanogan County D. Criminal Code Nnendment E. Traffic Unit Radar Reimbursement F. Public/Private Partnerships G. 2001 CDBG Recommendations H. 2001 Legislative Þlgenda 6. NEXT ~EETING - September 11, 2000 7. ÞlDJO~ENT Þlction Þlction Þlction Þlction Þlction Þlction Þlction Information Warter Chaney Chaney Chaney Chaney Schroder Parker Matheson Committee Members: Jeanne Burbidge, Chair Mary Gates Dean McColgan Staff: Jennifer Schroder, Director Sue Floyd, Administrative Assistant 661-4041 City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, July 10, 2000 12:00 p.m. SUMMARY In attendance: Council Committee members Jeanne Burbidge, Mary Gates; Derek Matheson, Assistant to the City Manager; Kurt Reuter, Athletics and Specialized Services Manager; Jon Jainga, Park Planning and Development Manager; Pat Richardson, Assistant City Attorney; Tom Chaney, Deputy Director of Public Safety; Brian Wilson, Deputy Director of Public Safety; Ann Guenther, Human Services Manager; Carnron Parker, CDBG Coordinator; Sue Floyd, Administrative Assistant Excused: Council committee member Dean McColgan Guests: Dini Duclos, Dave Armstrong, David Kaplan, Barbara Reid, Ken Johnson Chair Burbidge called the meeting to order at 12:00 p.m. PUBLIC FORUM None COMMISSION COMMENTS None APPROVAL OF SUMMARY The June 12,2000 summary was approved as written. BUSINESS ITEMS SKATE PARK DESIGN PROPOSAL Mr. Jainga reported that the Parks and Recreation Commission held a special meeting on June 21 to review two Skate Park proposals. Option 1 is 9,000 square feet and option 2 is 9,600 square feet. The youth in attendance at the June 21 meeting stated they prefer option 2. Both plans are within the project budget. The commission moved to recommend option 2 to Council Committee and to move forward with the construction plans, permits and bid documents. Staff supports the commission's recommendation. MARY GATES MOVED, JEANNE BURBIDGE SECONDED A MOTION TO APPROVE THE SKATE PARK PRELIMINARY DESIGN OPTION 2 AND TO AUTHORIZE STAFF TO MOVE FORWARD INTO FINAL DESIGN, INCLUDING PERMITTING AND CONSTRUCTION DOCUMENTS AND FORWARD TO COUNCIL ON JULY 18. MOTION PASSED. FAMILY FEST MEMORANDUM OF UNDERSTANDING Mr. Reuter reported that Family Fest is scheduled the weekend of August 25-27 at Steel Lake Park. The Memorandum of Understanding is similar to last year's agreement. MARY GATES MOVED, JEANNE BURBIDGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE 2000 FAMILY FEST MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY COMMUNITY COUNCIL AND FORWARD TO FULL COUNCIL ON AUGUST 1. MOTION PASSED. ORDINANCErrRAFFIC SCHOOL Mr. Chaney gave a brief background on the traffic school. The school was developed in 1998 for fIrst time traffic offenders. The Council passed a resolution approving the school and a $50 fee for the students to attend. The school was established to provide instruction, education and information for the proper, lawful and safe operation of motor vehicles. The Traffic School has proven to be successful and the Public Safety Department recommended an ordinance be adopted to establish the school for the benefit of the citizens of Federal Way. Ms. Gates recommended that under Section 3 Fee of the ordinance, the word "may" in the fIrst sentence be ~hanged to "1ÙJ.all." MARY GATES MOVED, JEANNE BURBIDGE SECONDED A MOTION TO APPROVE THE ORDINANCE ESTABLISHING A TRAFFIC SAFETY SCHOOL TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC SAFETY AS AMENDED BY COMMITTEE. MOTION PASSED. INTERNATIONAL DISTRICT GA TEW A Y ART Mr. Matheson reported that in 1998 and 1999, the City Council authorized $173,000 in CDBG funds for the International District development and enhancement. These funds cover the gateway art, pedestrian paths, a pocket park and related pedestrian amenities. To assist in funding the gateway art, a Neighborhood Matching Fund grant of $2,500 was awarded and matched by a check from the Franciscan Foundation. The artist for the gateway art, Mauricio Robalino completed three art alternatives for the City Council's review. Mr. Matheson presented the model of one proposal. The second proposal, a drawing, some felt had too much of an Asian theme and not enough of an international theme. MARY GATES MOVED, JEANNE BURBIDGE SECONDED A MOTION TO ADOPT THE CONCEPT OF GATEWAY ART AND FORWARD TO CITY COUNCIL FOR FINAL APPROVAL. MOTION APPROVED. NEXT MEETING August 14,2000 ADJOURNMENT The meeting adjourned at 12:30 p.m. Item SA FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: July 28, 2000 David H. M~anager Sandra~. Warter, Court Þldministrator Via: From: Item: Department of Licensing Inter-agency agreement Back2round: This agreement will allow court staff a diréct link to the Department of Licensing This will allow court staff to access the vehicle registration information database to confirm registered owners of vehicles that have received citations. This will allow us to notify t~e registered owner of the citation and proceed with collections if needed. Per section 5.0 Payments - There shall be no fees charged to Federal Way ~unicipal Court by DOL. Committee Recommendation: The staff recommends the adoption of these Inter-local agreements with the Department of Licensing. APPROVAL {')F C{')MMITTEE REPORT: Committee Chair Committee Member Committee Member AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF LICENSING AND THE FEDERAL-WAY MUNICIPAL COURT Contract No. 00 IL 00/5243 Date: June 1, 2000 THIS INTERAGENCY AGREEMENT is made and entered into by and between the Washington State Department of Licensing, hereinafter referred to as "DOL", Highways- Licenses Building, 1125 Washington Street Southeast, Olympia Washington and the Federal Way ~unicipal Court, hereinafter referred to as "F~C", 34004 9th Þlvenue South, Building A-2, Federal Way, Washington, pursuant to the authority granted by Chapter 39.34 RCW, RCW 46.12.370, RCW 46.12.380 and RCW 46.16.216. Section 1.0 PURPOSE OF AGREEMENT - The purpose of this agreement is to set forth the terms and conditions under which DOL will provide to F~C Internet access to DOL's vehicle license records. This agreement supersedes any other previous agreements, known or unknown, made between DOL and FWMC for this service. Section 2.0 STATEMENT OF WORK 2.1 DOL will provide F~C with online or Internet access to DOL's motor vehicle database. F~C will not add or alter any information on the motor vehicle database. Þlside from preventative maintenance and database updates, the system will be available for record access twenty-four hours a day, seven days a week. I 2.2 DOL will provide as a minimum the following motor vehicle database information to FWMC's workstation: License Plate Number Vehicle Identification Number Registration Expiration Date License Plate Issue Date Vehicle Make V ehicle ~odel Model Year Registered Owner Name(s) Registered Owner Address Registered Owner City, State and ZIP Total Fees Paid (last transaction only) 1 Power/Use Class Title Transfer Date County/ Þlgeni"Number Title Number Report of Sale Date Value CodefY ear Gross Weight Scale Weight Tonnage Fees Remarks -~ Section 3.0 2.3 FWMC shall use the information provided by DOL pursuant to this agreement only for identifying registered owner information in conjunction with the issuance and adjudication of parking citations. FWMC agrees to protect the confidentiillity of the information and data to which FWMC has access under this agreement. All vehicle records obtained through this agreement shall be used by F~C's personnel only. F~C or any of its employees or agents shall not furnish to any person, association, or organization outside the criminal or civil justice system, a copy of any record, or any part thereof, released by DOL to FWMC under this agreement, for any reason, without the written consent of DOL. 204 F~C and its employees or agents shall ensure the confidentiality of motor vehicle records by protecting account numbers and passwords; by using hard to guess passwords; changing passwords at least every ninety days, particularly when there are changes in personnel; instituting penalties for misuse of data; and assuring that employees are familiar with the provisions of this contract. - - 2.5 DOL may audit the use of the information provided by DOL, and the effectiveness of the access controls implemented by FWMC. 2.6 FWMC shall adhere to any current or future statutory or administrative rules regulating the right to privacy and confidentiality, which relate to such information. 2.7 Þlll exceptions to the above must be approved in writing by DOL, setting out any limitations or conditions to which the approval is subject. Such written approval must be received by F~C prior to the requested use of, or release of, the information that is the subject of the exception. DISCLOSURE OF INDIVIDUAL NAMES AND ADDRESSES PROIDBITED 3.1 No name or address of any individual owner furnished by DOL to FWMC shall be disclosed or published by F~C in any manner, or be used for mailing purposes. . 3.2 F~C shall not use or furnish to any person, corporation, partnership, association or organization of any kind for any commercial purpose by itself or by any other entity any of the individual owner names or address infomiation, or part thereof, provided by DOL under this agreement for !he purpose of making any unsolicited business contact with the individuals named therein. The term unsolicited business contact means a contact that is intended to result in, or promote the sale of any goods or services to a person named in the disclosed information. This subsection shall not prevent F~C from requesting additional specific exceptions from this iection 2 Section 4.0 from DOL, subject to prior written approval of, and any conditions imposed by, DOL. No exceptions shall be valid unless approved in writing by the Director of DOL accompanied by a statement of conditions, if any, imposed on such approval, prior to the intended use of the information which is the subject of the exception. 3.3 F~C is responsible to ensure that any name or address released under this agreement is used only for the purpose specified in Subsection 2.3 of this agreement. PROPRIETARY RIGHTS F~C shall not acquire any proprietary rights in the information received under this agreement which will in any manner restrict DOL's use and dissemination of the same information. Section 5.0 5.1 5.2 Section 6.0 ~ PAYMENTS There shall be no fees charged to FWMC by DOL for services provided in Section 2 above. Funds for this service are provided by RCW 46.16.216. My costs imposed in this subsection shall be subject to a change in the agreement as provided in Section 19 herein. LIMITATION UPON ASSIGNMENT This agreeme~t is not assignable by either party. Section 7.0 INDEMNIFICATION F~C agrees to, and shall, indemnify and hold harmless the state of Washington, DOL, the director and all DOL employees from any and all suits at law or equity, and from any and all claims, demands or loss of any nature, including but not limited to all costs and attorney fees, arising from any incorrect or improper disclosure of individual names or addresses under this agreement; any defects in any ofF~C procedures followed or omitted or arising from the failure ofFWMC or its officers, employees, customers or agents to fulfill any of its obligations under this agreement; or arising in any manner from any negligent act or omission by F~C or its officers, employees, customers or agents. Section 8.0 8.1. LIMITATION ON THE STATE'S LIABILITY AND RESPONSffiILITY The parties agree that in no event shall the State of Washington, DOL, the Director of DOL or any DOL employees, be liable to the City of Federal Way for any damages, costs, lost production, or any other loss of any kind for failure of DOL's equipment, hardware or software ~o perform fur any 3 8.2 8.3 Section 9.0 reason, or for the loss of consequential damage which is the result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire, failure of communications or computer equipment, facilities, or software, power failures, nuclear accidents or other disasters. The State of Washington, DOL, the Director of DOL or any DOL employee shall not be liable for any claim of any nature against The City of Federal Way by any party arising from any failure in the service furnished by DOL under this agreement, for any errors, mistakes or acts on the part of DOL or its agents which result in the failure to properly release vehicle title interests; for any failure of DOL's equipment or software which fails to perform for any reason or for any other loss or consequential damage which is a result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire, failure of communications or computer equipment, facilities, or software, power failures, nuclear accidents or other disasters. DOL shall not be liable for any delays in furnishing the information under this agreement nor shall DOL be liable for any errors which occur in compilation of the information. NONDISCRIMINATION During the terms of this agreement, the parties hereto agree to comply with the following nondiscrimination requirements as well as applicable federal, state and local laws and regulations governing equal employment opportunity: No party shall, on the grounds of race, color, creed, religion, sex, marital status, national origin, age, sensory, mental or physical handicap or political affiliation, discriminate against or deny employment as a participant or staff person in connection with any function related to this agreement or to be performed in connection therewith. Section 10.0 TERMINATION This agreement may be terminated by either party upon giving thirty (30) days written notice to the other party; provided that, either party may terminate the agreement immediately for breach by the other party of any of its obligations under this agreement. Þlny violation of the restrictions, conditions or requirements contained in this agreement constitute grounds for DOL to terminate this agreement immediately. Notice of termination shall be conclusively deemed to have been delivered to, and received by, the other party as of midnight of the third day following the date of its posting in the United States mail, addressed as provided in Section 11 of this agreement, in the absence of actual delivery to and receipt by the party by mail or other means at an earlier date and/or time. 4 Section 11.0 NOTICES All notices conceTIÙng this contract shall be sent to the parties or their successors at the addresses stated below: DOL - Contract ~anager, Title and Registration Services, Department of Licensing, Post Office Box 2957, Olympia, Washington 98507-2957. F~C - Court Administrator, Federal Way ~unicipal Court, 34004 9th Þlvenue South, Building A-2, Federal Way, Washington 98003. Section 12.0 PAYMENT IN THE EVENT OF TERMINATION In the event this agreement is terminated by either party without fault on the part of the other party, each party shall be liable for the actual cost they have incurred during their performance under this agreement and neither party shall be obligated to the other party for such cost; except that all fees owed by FWMC to DOL shall continue to be due and payable as provided in Section 5. - Section 13.0 OWNERSHIP OF EQillPMENT AND SOFfW:UŒ q. Ml equipment and software furnished by DOL or by FWMC shall remain the property of the furnishing party and the party shall retain full title and all rights associated with ownership. The equipment shall not become fixtures. Neither party shall encumber, or permit an encumbrance upon, the other parties title to the equipment or software, or to the equipment or software itself, in any manner. Section 14.0 DISPUTES In the event of a dispute between the parties arising under this agreement, which the parties themselves cannot resolve, the dispute shall be referred to a disputes panel. The panel shall consist of one member appointed by the Director of DOL, one member appointed by F~C, and one member jointly selected by both parties. The decision of the panel shall be final and binding upon the parties, unless the decision of the panel requires either party to perform an illegal act. In the event the panel cannot resolve a dispute, the aggrieved party may file a lawsuit. Venue of any iawsuit filed by any party against the other party arising in whole or in part out of this agreement shall be in the Superior Court for Thurston County in Olympia, Washington. Section 15.0 INDEPENDENT STATUS OF DOL DOL and DOL employees and agents shall perform all duties pursuant to this agreement as an independent agency from FWMC and not in any manner as officers, agents or employees ofF~c. Þlll references in this agreement to DOL shall include its agents and employees. F~C shall not withhold or pay any taxes or insurance or deductions of any kind in connection with reimbursement of DOL under this agreement. This provision slHlll not 5 preclude DOL fÌ'om representing FWMC in fulfilling tasks and services specified in this agreement. Section 16.0 SAVINGS CLAUSE It is the belief of all parties that all provisions of this agreement are lawful. If any section of this agreement should be found to be contrary to existing law, by court decision or opinion of the Washington State Attorney General, the remainder of the agreement shall not be affected thereby, and the parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement of such section. The provisions of the agreement shall be subject to any future actions of or directions by the Legislature of the State of Washington. In the event of conflicts between actions of or directions of the Washington State Legislature and provisions of this agreement during its term, the former shall prevail. Section 17.0 REMEDY OF TERMINATION . The remedy oftermination of this agreement or release of DOL fÌ'om the obligations of this agreement afforded to DOL under the various provisions of this agreement shall not be deemed to be an exclusive remedy, but rather shall be in addition to all other remedies , which may be available to DOL. Termination of this agreement shall release DOL fÌ'om any and all obligations whatever under this agreement but shall not bar DOL fÌ'om pursuing any remedies which it would otheIWise have against FWMC. Section 18.0 TERM OF THE AGREEMENT This agreement shall commence on July 1,2000 iITespective the date of final execution and shall continue until terminated by either party as provided in Section 10 of this agreement or until June 30, 2005, which ever occurs first. This agreement is void upon formal action of the state legislature enacting statutory prohibition of failure to provide funding for the performance of the duties provided herein. Section 19.0 ENTIRE AGREEMENT This docwnent constitutes the entire agreement between the parties. There is no other agreement, either oral or written, upon the subject. Commitments, warranties, representations, understandings or agreements, not contained in this agreement or written amendment hereto shall not be binding on either party. Except as provided herein, no alteration of any of the terms or conditions, of this agreement will be effective without the written consent of both parties. However, this provision shall not prevent any other effective agreements between the parties that are consistent with the provisions of this agreement. 6 Section 20.0 SEVERABILITY If any covenant or provision of this agreement shall be adjudged void, such adjudication shall not affect the validity, obligation or perfonnance of any other covenant or provisions, or part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this agreement. Section 21.0 RATIFICATION The execution ofthis contract shall constitute a ratification of that earlier verbal agreement between the parties, hereto, the terms and conditions of which are contained herein. Þlccordingly, the beginning date of performance under this contract will formalize and continue the service FWMC is presently receiving, regardless of the date of execution. Section 22.0 AFFIRMATION OF AGREEMENT The parties signing below hereby affirm that they have the authority to bind their respective parties to the terms and conditions of this agreement. DEPARTMENT OF LICENSING FEDERAL WAY MUNICIPAL COURT BY: BY: TITLE: TITLE: DATE: DATE: 7 CITY OF FEDERAL WAY Item 5B DEP ARTMENT OF PUBLIC SAFETY DEPARTMENT Date: August 7, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Thomas J. Chaney, Sr., Interim Chief of Police David M~anager Chelan County Regional Jail Interlocal Agreement Via: Subject: Back~round: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with Chelan County for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Chelan County Regional Jail. The purpose of this Agreement is to set forth the terms and conditions by which Chelan Ç,ounty will provide Federal Way Department of Public Safety a place of confinement for the incarceration of one or more inmates lawfully committed to its custody, as well as compensation mutually agreed upon by both County and City for said services. The term set forth will begin Þlugust 1, 2000 and end December 31, 2001 and will automatically renew until terminated by written notice received sixty (60) days prior to the termination date. This Þlgreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 18 months, the Department is exploring several proactive approaches to reduce jail costs. The benefits realized by this new venture would afford Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and Chelan County and allow the Department to obtain one of the jail cost objectives. The Chelan County Regional Jail maintains 192 beds and is currently undergoing renovations to add 40 work release beds with an additional 1 00 work release beds to be added in one year. Þlt the present, the County is contracting with the Federal Border Patrol and is currently negotiating with another law enforcement agency. The County contracts private medical staffing and provides the inmates with commissary accounts. Þlttached is the final draft for an Interlocal Þlgreement between the City of Federal Way and Chelan County. Committee Recommendation: ~otion to approve and accept the Interlocal Þlgreement between the City of Federal Way and the Chelan County for the housing of inmates. APPROV AL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member III .A' rR AIM~I AnFNnAIP~IORO700/(,HF' .A N INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JAIL THIS INTERLOCAL AGREEMENT is made and entered into on this - day of , by and between the City of Federal Way, Washington, a Washington municipal corporation, hereinafter referred to as "City", and the Board of County Commissioners of Chelan County, Washington, hereinafter referred to as "Chelan County", each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the County Director of Corrections and the City Mana~r are authorized by law to have charge and custody of the County Jail and the City prisoners or inmates, respectively; and WHEREAS, the City wishes to designate the Chelan Co"unty Regional Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, The Chief of Corrections of Chelan County is desirous of accepting and keeping in his custody such inmate(s) in the Chelan County Regional Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any county to contract with any other county or city to perform any governmental service, activity or undertaking which each contracting county is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inma'te(s) confined pursuant to this Agreement. _. Interlocal Agreement Between Chelan County/City of Federal Way 07/19100 2. DURATION This Agreement shall enter into full force and effect from August 1, 2000 and end December 31, 200 I, subject to earlier termination as provided by Section 3 herein. This Agreement shall be renewed automatically for like successive periods under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to require the City to house inmates in Chelan County continuously. 3. TE~INÞl TION (a) By either party. This Þlgreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that tennination shall become effective sixty (60) working days after receipt of such notice. Within said sixty (60) days, the City agrees to remove its inmate(s) from the Chelan County Regional Jail. -- (b) By City due to lack of funding. The obligation of the City to pay Chelan County under the provision of this Þlgreement beyond the current fiscal. year is expressly made contingent upon -the 'appropriation, budgeting availability of sufficient funds by the City. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Þlgreement at any time after the current fiscal year, then the City shall have the option of terminating the Agreement upon written notice to Chelan County, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Þlgreement for this reason will not cause any penalty to be charged to the City. (c) In the event of tennination of this Þlgreement for any reason, the City shall compensate Chelan County for prisoners housed by Chelan County after notice of such termination until the City retakes its inmates in the same manner and at the same rates as if this agreement had not been terminated. 4. MÞlILING ÞlDDRESSES Þlll notices, report, and correspondence to the respective parties of this Þlgreement shall be sent to the following: Chelan County: Chelan County Regional Jail 401 Washington Street, Level 2 Wenatchee, W A 98801 Contact Person: Frank Young, Chief of Corrections City of Federal Way: City of Federal Way City Manager's Office 33530 1 Sl Way S. Federal Way, WA 98003 -- Interlocal Agreement Between Chelan County/City of Federal Way 07/19/00 2 Contact Person: David H. Moseley, City Manager 5. COMPENSATION (a) Rates. Chelan County agrees to perform one (1) transport per week from both the King County Correctional Facility, 500 5th A venue, Seattle, W A and the Regional Justice Center, 401 4th Avenue N., Kent, WA, and accept and house City inmates for compensation per day per inmate at the rates of $56.00 per day. This includes classification 2 prisoners. Women are to be included at a rate of $60.00 per day. The parties agree that Chelan County will not charge a separate booking fee in addition to such rate. (b) Billing and payment. Chelan County agrees to provide the City with an itemized bill listing all names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. Chelan County agrees to provide said bill by the 10th of each month. The City agrees to make payment to Chelan County within thirty. (30) days of receipt of such bill for the amount billed for the previous calendar month. 6. RIGHT OF INSPECTION The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in which inmates of the City are confined in order to determine if such jail maintains standards of confinement acceptable to the City and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Chelan County shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 7. FURLOUGHS, P ÞlSSES, AND WORK RELEÞlSE Chelan County agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Þlgreement without written authorization by the committing court. 8. IN~A TE ACCOUNTS Chelan County shall establish and maintain an account for each inmate received from the City and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary fûr personal maintenance. The Chief of Corrections for Chelan County Regional Jail shall be accountable to the City for such inmate funds. At either the termination of this Agreement, the inmate's death, release from incarceration or return to either the City or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of the City. Interlocal Agreement Between Chelan County/City of Federal Way 07/19/00 3 9. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Þlgreement, which it does not provide for similar inmates not confined pursuant to t4is Þlgreement. -- 10. ~EDICÞlL SERVICES (a) Inmates from the City shall receive such medical, psychiatric and dental treatment as m~y be necessary to safeguard their health while hottSed in the Chelan County Regional Jail. Chelan County shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor medical services, the City shall pay directly or reimburse Chelan County for all costs associated with the delivery of any emergency and/or major medical service provided to City inmates. (b) .An adequate record of all such services shall be kept by Chelan County for the City's review at its request. .Any medical or dental services of major consequence shall be reported to the City as soon as time permits. (c) Should medical or dental services require hospitalization, the City agrees to compensate Chelan County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified by contacting the City's Public Safety Department Watch Commander at (253) 661-4600 prior to the inmate's transfer to a hospital and nothing herein shall preclude the City from retaking the ill or injured inmates. 11. DISCIPLINE Chelan County shall have physical control over and power to execute disciplinary authority over all inmates of the City. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. . 12. RECORDS AND REPORTS -. Interlocal Agreement Between Chelan County/City of Federal Way 07/19/00 4 (a) The City shall forward to Chelan County before or at the time of delivery of each inmate; a copy of all inmate records pertaining to the inmate's present incarceration at the King County Correctional Facility and/or the Regional Justice Center. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Chelan County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan County, the City shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 13. REMOV AL FROM THE JAIL Þln inmate of the City legally confined in Chelan County shall not be removed therefrom by any person without written authorization from the City or by order of any court having jurisdiction. Chelan County agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitåting the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Chelan County. In the event of any such emergency removal, Chelan County shall inform the City of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such inmate or inmates. 14. ESCÞlPES In the event any City inmate shall escape from Chelan County's custody, Chelan County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the City. Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Þlny cost in connections therewith shall be chargeable to and borne by Chelan County; however, Chelan County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 15. DEATH OF ÞlN IN~ÞlTE (a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. (b) Chelan County shall immediately notify the City of the death of a City inmate,' furnish information as requested and follow the instructions of the City with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of the City. Written notice shall be provided within three weekdays of receipt by the City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City. With the City's - Interlocal Agreement Between Chelan County/City of Federal Way 0711 9/00 5 consent, Chelan County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any of its ,inmates who have died while in Chelan County custody. 16. RETAKING OF IN~ATES Upon request from Chelan County, the City shall, at its expense, retake any City inmate within thirty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is terminated for any reason, the City shall, at its expense, retake such inmate at Chelan County. 17. . HOLD ~LESS ÞlND INDEMNIFICATION -- Chelan County will assume the liability for the custody and care of City prisoners once they are in the custody of Chelan County, specifically including prisoners being transported þy Chelan County employees, agents, or contracts:' Chelan County shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of. or in connection with the performance of this Þlgreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Þlgreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Chelan County and the City, its officers, officials, employees, and volunteers, Chelan County's liability hereunder shall be only to the extent of Chelan County's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Chelan County's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Þlgreement. 18. ~ISCELLÞlNEOUS (a) Chelan County shall have the right to refuse to accept any inmate from the City when, in the opinion of Chelan County, its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Chelan County shall further have the right to refuse to accept any inmate from the City who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the operations of the Chelan County Regional Jail, has a history of serious -. Interlocal Agreement ßetween Chelan County/City of Federal Way 07/19/00 6 medical problems, presents a substantiàl risk of escape, or presents a substantial risk of injury to other persons or property. (c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be transported to Chelan County by and at the expense of the City and shall be returned, if necessary, to the City by City personnel and at the City's expense. Except for the weekly transports provided in paragraph 5 above, Chelan County is not responsible for transportation of City prisoners under this Agreement and shall be reimbursed by the City for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Chelan County becomes necessary. (d) In providing services under this contract, Chelan County is an independent contractor and neither it nor its officers, agents or 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 services under this Þlgreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. IN WITNESS WHEREOF, the above and foregoing Þlgreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDEML W Þl Y BOÞlRD OF CHELÞlN COUNTY CO~MISSIONERS By DAVID H. MOSELEY, City Manager JOHN A. HUNTER, Chairman ESTHER STEF ÞlNIW, Commissioner Þl TTEST: JA~ES C. LYNCH, Commissioner N. Christine Green, CMC, City Clerk DATED: Attest: EVEL YN L. ÞlRNOLD, Þluditor , Þlnd Clerk of the Board Approved as to Form: Interlocal Agreement Between Chelan County/City of Federal Way 07/19/00 7 Londi K. Lindell, City Attorney K:\lnterlcIVail Services Agmt Chelan County2.doc Interlocal Agreement Between Chelan County/City of Federal Way 07/19/00 DATED: Approved as to form: GARY Prosecutor County RIESEN, Chelan _. = 8 Item SC CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: August 7, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee Subject: Thomas J. Chaney, Sr., Interim Chief of Police David ~Manager County of Okanogan Jail Interlocal Agreement From: Via: Background: Pursuant to the lnterlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Þlgreement with Okanogan County for the purpose of providing the City of Federal Way with adequate facilities and personnel for the lodging and processing of persons placed under arrest by the City and to establish a basis for identifying and distributing costs and responsibilities to-each party. The purpose of this Þlgreement is to set forth the terms and conditions by which Okanogan County will provide Federal Way Department of Public Safety a place of confmement for the incarceration of one or more inmates lawfully committed to its custody, as well as compensation mutually agreed upon by both County and City for said services. These rates will be in effect through December 31, 2000 and will increase annually on the first of each calendar year based on the cost of living. The term set forth will be for five (5) years with the option to renew until terminated by written notice received ninety (90) days prior to the termination date. This Þlgreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 18 months, the Department is exploring several proactive approaches to reduce jail costs. The benefits realized by this new venture would afford Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and Okanogan County and allow the Department to obtain one of the jail cost objectives. Þlt the present, the County contracts with several other jurisdictions throughout Washington State. The County will provide medical services as needed. Þlttached is the final draft for an Interlocal Þlgreement between the City of Federal Way and Okanogan County. Committee Recommendation: ~otion to approve and accept the Interlocal Þlgreement between the City of Federal Way and the Okanogan County for the housing of inmates. APPROVAL OF.'COMMITTEEREPORT: ,'" ': ',:"",, ",:;; .'" ..: ;~~ Committee Chair.. ',' Committee Member'." Committee Member, lIT AI TR AIMS/ACiFN)AIPSIORO700/0K AN()(¡AN INTERLOCAL GOVERNMENT JAIL SERVICES AGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into this day of , 2000, by and between the CITY OF FEDERAL WAY, and the COUNTY OF OKANOGAN, both municipal corporations of the State of Washington, hereinafter referred to respectively, as the "CITY" and the "COUNTY". WITNESSETH: WHEREÞlS, the COUNTY is performing jail services for Okanogan County and several other jurisdictions throughout Washington State, and, WHEREÞlS, the Interlocal Cooperative Þlct, Chapter 39.34 RCW, provides that one municipal corporation may contract with another municipal corporation for such services; - ... NOW, THEREFORE, the CITY and the COUNTY agree as follows: Section I - Purpose: - The purpose of this Agreement is as follows: Þl. To insure that there is available to the CITY, facilities and personnel for the lodging and processing the CITY's inmates in accordance with state and federal laws. To assist the CITY by providing facilities adequate tò detain and process persons placed under arrest by the CITY. To establish a basis for identifying and distributing costs and responsibilities to each party. 'B. c. Section II ...,.. Glossary of Terms: CITY - Shall mean the CITY OF FEDERAL WAY, Washington COUNTY - Shall mean OKANOGAN COUNTY, Washington COUNTY COMMISSIONERS - Shall mean the Board of Okanogan County Commissioners Section III - Services: The COUNTY agrees to lodge prisoners placed in the custody of its jail, by an officer of the CITY. -. lnterlocal Agreement between Okanogan County/City of Federal Way Page 1 07/26/00 General Provisions: The CITY agrees to make payment to the COUNTY for each and every CITY prisoner incarcerated in Okanogan County Jail. For all prisoners, the CITY shall pay a flat rate of TWENTY DOLLARS ($20.00) per prisoner, as compensation for booking eXpenses. 1. For any prisoner who is detained in excess of six (6) hours, the CITY shall make additional payment in the amount of FORTY TWO DOLLAAS ($42.00) per day. These rates will be in effect through December 31, 2000. The rate will increase annually on the first of each calendar year based on the cost of living. The COUNTY agrees to provide detailed monthly billing statements containing the inmate's name, case/citation number, date and time of incarceration and date and time of release. 2. 3. IT IS UNDERSTOOD AND AGREED that the COUNTY reserves the rights of management including setting of rules and general operating procedures for the jail. -- IT IS UNDERSTOOD AND AGREED that payment will be made for this service within thirty (30) days of presentation by the COUNTY of a proper invoice in, the same or substantially similar ftom as that marked "Þlppendix i\" attached hereto and by reference included herein. IT IS UNDERSTOOD AND AGREED that this Þlgreement shall be for a period of five (5) years, with the option to renew. This Agreement may be terminated by either party upon a ninety (90) day written notice to the other. This Þlgreement may be modified, in writing, upon mutual consent of both parties to the Þlgreement. Þlll increases in the amount to be paid by the CITY for services provided by this Þlgreement, other than the cost of living increases as set by the Washington State Office of Financial ~anagement, will be by negotiations prior to Þlgreement termination. This Þlgreement shall be binding upon the parties hereto, their successors and assigns. IT IS UNDERSTOOD AND AGREED that in the event of a dispute or controversy as to any part of this Þlgreement, such dispute or controversy shall be submitted to the arbitration of two (2) disinterested and competent persons, one to be chosen by the COUNTY and one to be chosen by the CITY, and the two persons so chosen shall select a third disinterested and competent person, and the decision of the three shall be conclusive and binding on both parties to the dispute. IT IS UNDERSTOOD AND AGREED that the COUNTY shall furnish to the CITY all jail medical, dental, and health care, services required pursuant to all state and/or federal laws promulgated thereto, including such standards as may be adopted by the Washington State Corrections Standards Board. These services would include hospitalization, prescription medications, surgical and dental care. The COUNTY agrees to notify the CITY's Public Safety Department Watch Commander at (253) 661-4600 of any major medical expense reasonably foreseen, and the CITY shall have the option to retake the ill or injured inmate and provide other treatment. In emergency situations, the COUNTY will take appropriat.~ and nece~~ary action to Interlocal Agreement between Okanogan County/City of Federal Way Page 2 07/26/00 provide emergency medical care and notify the CITY as soon as possible. The COUNTY agrees to assist the CITY in avoiding these major medical expenses when possible, as they would their own prisoner population. It is understood that the County provides regular services to prisoners inside the jail. The County agrees to provide and pay for those medical services to City inmates, excluding prescriptions, at no cost to the City. The City agrees to pay the County for any non-regular medical services provided or administered to City inmates outside of the jail, and to pay for prescriptions and/or dental care provided to inmates of the CITY housed under this Agreement. A detailed record of all medical services, prescriptions and dental care for which the County believes the City must pay, shall be kept by the COUNTY for the CITY's review at its request. Any medical or dental services of major consequence shall be reported to the CITY as soon as time permits. IT IS UNDERSTOOD AND AGREED that the COUNTY has the right to refuse acceptance or entrance to the jail of any CITY arrestee who is obviously immediately in need of emergency medical or mental health treatment until proper treatment is provided. IT IS UNDERSTOOD AND AGREED that the COUNTY will make every attemptto accept prisoners from the CITY subject to booking restrictions reaso~bly applied to aIr agencies uniformly. IT IS UNDERSTOOD AND AGREED that it is the responsibility of the CITY 10 transport the CITY's arrestees to the Okanogan County Jail and to comply with all jail booking requirements; provided, however, that the COUNTY will transport all CITY prisoners from the King County Correctional Facility, 500 5th Avenue, Seattle, W Þl, and/or from the Regional Justice Center, 401 4th Þlvenue N., Kent, W Þl to the Okanogan County Jail for a fee of 32.5 cents per mile (2000 Standard ~ileage Rate) (based on an average 238 mile round trip) per trip, regardless of the number of prisoners transported. The CITY's Police Department agrees to confirm bed space availability and transport requests at least three (3) days prior to the requested date. Each party agrees to aid and assist the other in accomplishing the objections ofthis Þlgreement. The COUNTY will assume the liability for the custody and care of Federal Way prisoners once they are in the custody of the COUNTY, specifically including prisoners being transported by COUNTY employees, agents, or contracts. The COUNTY shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the CITY. Should a court of competent jurisdiction determine that this Þlgreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the COUNTY and the CITY, its officers, officials, employees, and volunteers, the COUNTY's liability hereunder shall be only to the extent of the COUNTY's negligence. It is further specifically and expressly understood that the indemnificatiùn provided herein constitutes the COUNTY's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. lnterlocal Agreement between Okanogan County/City of Federal Way Page 3 07/26/00 The parties intend that an independent contractor/COUNTY relationship will be created by this Þlgreement. No agent, employee, servant or representative of the CITY shall be deemed to be an employee, agency, servant or representative of the COUNTY for any purpose; employees of the CITY are not entitled to any of the benefits the COUNTY provides for COUNTY employees. The COUNTY shall not discriminate against any employees, inmates or applicants for employment because of race, color, religion, sex, age, or national origin. The COUNTY shall take affirmative action to insure that applicants are employed and employees are treated during employment, without regard to their race, color, religion, sex, age or national origin. Such action shall include, but not limited to the following: employment, upgrading, demotions or terminations, rates of payor other forms of compensation, selection for training including apprenticeship, and participation in recreational and education activities. The COUNTY agrees to post, in a conspicuous place available to employees and applicants for employment, notices identical to those used setting forth the provisions of this nondiscrimination clause. In all solicitations or advertisements for employees placed by the COUNTY, or on their behalf, the COUNTY shall state that all qualified applicants will receive consideratio~ for employment without regard to race, color, religion, sex, age, or national origin. IN WITNESS WHEREOF, the parties hereto have executed this Þlgreement on the day and year first above written. CITY OF FEDERÞlL W Þl Y BOÞlRD OF COUNTY CO~ISSIONERS OKi\NOGÞlN, W ÞlSHINGTON By: David H. ~oseley, City ~anager Dave Schulz, Chairman 33530 First.Way S. Federal Way, W Þl 98003 (253) 661-4013 Edwin E. Thiele, ~ember ÞlTTEST: Robert Hirst, ~ember N. Christine Green, C~C, City Clerk Interlocal Agreement between Okanogan County/City of Federal Way Page 4 07/26/00 , . APPROVED AS TO FO~: James K. Weed, Sheriff APPROVED AS TO FO~: Bob C. Sterbank, Interim City Attorney Don L. Þlnderson, Chief Civil Deputy Prosecutor ATTEST: Brenda 1. White, Clerk of the Board K:\Interlc1\Jail Services Agmt Okanogan County2.doc .. lnterlocal Agreement between Okanogan County/City of Federal Way Page 5 07/26/00 Item 5D CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: August 7, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Thomas J. Chaney, Sr., Interim Chief of Police David Mo+nager Federal Way City Code Chapter 6, Criminal Code Amendment Via: Subject: Background: Pursuant to the Federal Way City Council Ordinance, the Public Safety Department is requesting adoption of the ordinance to amend the Criminal Code under City Code Chapter Six. The adoption of this ordinance is solely to revise existing criminal code to reflect amendments, additions or deletions exhibited in the State Statutes, the Revised Washington Code (R.C.W.). The purpose of this amendment is to bring current the City Criminal Code Chapter Six as set forth by the State Statutes R.C. W. and to expand Chapter Six to specifically address the establishment of "Stay Out of keas of Prostitution (SOAP)" Orders. These orders, which can be issued by the Federal Way Municipal Court, will provide an additional approach against crimes of prostitution typically repeated in such areas. The ordinance will be effective September 10, 2000. The adoption of this amendment is in the best interest of the City of Federal Way, the Public Safety Department, Law Department, Municipal Court, and the Federal Way Citizens. Þlttached is the [mal draft outlining the ordinance amendment. Committee Recommendation: ~otion to approve and adopt the Ordinance amending the Federal Way City Code Chapter Six, Criminal Code. AI)PROV AL OF COMMITTEE REPORT: Committee Member Committee Chair , Committee', Member , ¡/LA URAIMSI AGENDA/PS/O80700/CCCHAP6 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER SIX, CRIMINAL CODE (AMENDING ORDINANCE NOs. 91-89, 91-106, 94-208, AND 97-299) WHEREAS, the Federal Way City Council adopted the Criminal Code Chapter six in 1991, and subsequently modified it; and WHEREÞlS, the State Legislature has modified state law wherein certain felonies have become misdemeanors and some misdemeanors have become felonies; and WHEREÞlS, the State Legislature has created additional crimes; - WHEREAS, the City Council fmds that it is in the best interest of its citizens to update the Criminal Code in accordance with state law; and WHEREÞlS, the Federal Way City Council fmds that Stay Out of Þlreas of Prostitution Orders should be established to provide for more effective enforcement against the crimes of prostitution typically and repeatedly committed in such areas. THE CITY COUNCIL OF THE CITY OF FEDERAL W Þl Y, WASHINGTON, DOES HEREBY ORDNN ÞlS FOLLOWS: Section 1. Article Ill, Section 6-61 of the City of Federal Way Criminal Code Chapter is amended as follows: Sec. 6-61. Statut~ adopted. The following state statuteâ, including all future amendments, additions or deletions, is are adopted by reference: RCW 9.68A.090, Communicating with a minor for immoral purposes. ORD# ,PAGEl ill RCW 9.02.050. ill RCW 9A.42.01O. ill RCW 9A.42.080. ill RCW 9A.42.090. Concealing birth. Definitions. Abandonment of a dependent person in the third degree. 1\bandonment of a dependent person - Defense. Section 2. Article IV, Section 6-89 is amended as follows: Sec. 6-89. Inhaling toxic fumes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.471\.010, (2) RCW 9.471\.020, (3) RCW 9.471\.030, (4) RCW 9.471\.040, ill RCW 9.471\.050. -- Definition. Unlawful inhalation - Exception." Possession of certain substances prohibited, when. Sale of certain substances prohibited, when. Penalty . Section 3. Miele VI, Section 6-136 is amended as follows: Sec. 6-136. Firearms and dangerous weapons, prohibitions. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.41.010, (2) RCW 9.41.050, (3) RCW 9.41.060, (4) RCW 9.41.070. RC\Y 9.41.080. ORD# , PAGE 2 Terms deemed. Carrying pistol. Exception. Concealed pistol license - Application - Fee - Renewal. Delivery t'O minors and others forbidden. -. ORD# (5) RCW 9.41.098, (6) RCW 9.41.100, (7) RCW 9.41.120, (8) RCW 9.41.130, (9ID RCW 9.41.140, (10) RCW 9.41.150, fH7 RCW 9.41.170, (H2) RCW 9.41.230, (BlQ)RCW 9.41.240, (i4l1)RCW 9.41.250, (-l-512)RCW 9.41.260, (MU)RCW 9.41.270, (H'H)RCW 9.41.280, (15)RCW 9.41.300. , PAGE 3 Forfeiture of firearms, order by courts-Return to owner-Confiscation by law enforcement officer. Dealers to be licensed. Certain transfers forbidden. falsc infonnation forbidden. Alteration of identifying marks prohibited. Exeeptions. Alien's license to carry firearms Exception. - Þliming or discharging fIrearms. Use of firearms by minor. Dangerous weapons -Evidence. Dangerous exhibitions. Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful -Penalty-Exceptions. Students carrying dangerous weapons on school property. Weapons prohibited in certain places - Local laws and ordinances - Exceptions - Penalty. _. Section 4. Article VII, Section 6-161 is amended as follows: Sec. 6-161 Frauds and swindles. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.04.010, ill RCW 9.12.010. ill RCW 9.12.020. QL (~Ð RCW 9.45.060, (3- ~ RCW 9.45.070, (4 Q) RCW 9.45.080, (57J RCW 9.45.090, (6 ID RCW 9.45.100, (7) RCW 9.45.180, (8) RCIN 9.45.190, (9) RCW 9.45.240, (10) RCW 9.45.250, !21 RCW 9.26A.120. !1Q} RCW 9.261\.130. ill2 RCW 9.60.010. (H12)RCW 9A.60.O40, (Hll)RCW 9A.60.050, ORD# , PAGE 4 False advertising. Barratry Buying. demanding. or promising reward by district judge deputy . Encumbered, leased or rented personal property. Mock auctions. .. Fraudulent removal of property . Knowingly receiving fraudulent conveyance. Fraud in assignment for benefit of creditors. Praud in opcratÏftg coin box telephone or other receptacle. Pcnalty for manufacture or salc of slugs t6 be uscd for coin Praud in obtaining tclephonc or telegraph scr'yice. Pratld in obtaining cable television services. Fraud in operating coin-box telephone or other receptacle. Penalty for manufacture or sale of slugs to used for coin. Definitions. Criminal impersonation. False certification. '&- . Section 5. 1\rticle VII, Section 6-190 is amended as follows: Sec. 6-190 Custodial interference. The following state statutes, including all future amendments, additions and deletions, are hereby adopted by reference: (1) RCW 9A.40.01O. (-1-2) RCW 91\.40.070, (2!: l) RCW 9A.40.080, Section 6. Definitions. Custodial interference in the second degree. Custodial interference-1\ssessment of costs- Defense-Consent Defenses, restricted. 1\rticle IX, Section 6-211 is repealed as follows: Sec. 211 Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes, including all future amcndment3, additions or deletions, arc adopted by reference: (1) RCV! 9A.56.0lO, (2) RCW 9A.56.020, (3) RCW 9A.56.050, (4) RCW 9A.56.060, (5) RC\V 9A.56.140, (6) RCW 9A.56.170, (7) RCVl9.54.130, (8) RCW 9A.56.220, ORD# , PAGE 5 Dcfmitions. Theft Defmition, defense. Theft in the third degree. (1)(2)(3)(5) Unlawful issuance of checks or drafts. Possessing stolen property Definition, credit cards, presumption. Possessing stolen property in the third degree. R-cstoration of stolen property Duty of officers. Theft of cable television services. (9) RCW 9A.56.230, Unlawful sale of eable television services. (10) RCW 9/\'.56.240, (11) RCW 9A.56.260, (12) RCW 9A.56.270, Forfeiture and disposal of dc-vice used to commit violation. Connection of channel converter. Shopping cart theft. Section 7. 1\rtiele IX, Section 6-212 is amended as follows: Sec. 6-212. Malicious mischief and obscuring identity of machines. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: -- (1) RCW 91\.48.090, Malicious mischief in the third degree. (2) RCW 91\.48.100(1), Malicious mischief and physical ,damage defmed. (3) RCW 9A.48.11O. Defacing a state monument. ill RCW 91\.56.180, Obscuring identity of a machine. Section 8. Micle X, Section 6-237 is amended as follows: Sec. 6-237. Indecent Exposure. (a) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his person or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. (b) Indecent exposure is a misdemeanor unless such person exposes himself or herself to a person under the age of 14 years in which case indecent exposure if gross misdemeanor on the first offense. ORD# , PAGE 6 -- Section 9. Article X, Section 6-238 is amended as follows: Sec. 6-238. Location of performers providing certain forms of entertainment restricted. No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, except upon a stage or other surface raised at least 18 inches above the level of the floor upon which the closest patrons are seated or standing, nor closer than ~ eight feet from the nearest patron. 1\ny violation of this section is a misdemeanor. - Section 10. Micle X, Section 6-239 is amended as follows: Sec. 6-239 Prostitutiol,l - Unlawful acts, penalty. (a) It is unlawful for anyone: (1) Intentionally engage in or offer or agree to engage in an act of prostitution; (2) Intentionally secure or offer to secure another for the purpose of engaging an act of prostitution; (3) To intentionally transport a person into or within the city with the purpose of promoting that person's engaging in an act of prostitution, or procuring or paying for transportation with that purpose; (4) Intentionally receive, offer or agree to receive a person into any place or building for the purpose of performing an act of prostitution, or to knowingly permit another to remain there for any such purpose; (5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution; or ORD# , PAGE 7 _. ORD# (6) Intentionally in any way aid, abet or participate in an act of prostitution; (7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are: a. That the actor is a known prostitute or panderer. b. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops ôr attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. c. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians. d. The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or request the touching or exposing of genitals or female breasts to prove that the person is not a police officer. (8) Intentionally enter or remain in any area of prostitution area of prostitution in violation of a condition of probationsentence. (2) Intentionally permitting prostitution if. having possession or control of premises which he knows are being used for prostitution purposes. he fails without lawful excuse to make reasonable effort to halt or abate such use. , PAGE 8 ", -. (b) Prostitution or permitting prostitution is a misdemeanor. Section 11. Article X, Section 6-243 is amended as follows: materials. Sec. 6-243 Sexual exploitation of children and minor access to erotic The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference: , (1) (2) (3) (4) (5) (6) (7) (8J.) (9Ð ORD# RCW 9.68A.O11, RCW 9.68A.070, RCW 9.68A.080, Definitions Possession of depictiom of minor engaged in sexually explicit conduct. Processors of depictions of minor engaged in sexually explicit conduct - Report required. RC\V 9.68A.ll0 (1),(2),(5), RC\V 9.68A.120, RCV! 9.68£\.130, RCW 9.68A.140, RCW 9.68A.150, RCW 9.68A.160, , PAGE 9 Certain dcfcrocs barred, pcnnittcd. Seizure and forfeiture of property . Rceo'v'ery of costs of suit by minor. Defmitiom. 1\llowing a minor on premises of live erotic performance. Penalty. Section 12. Article X, new sections are added as follows: Sec. 6-245. Obscenity and pornoeraphy. The following state statutes. including all future amendments. additions or deletions. are hereby adopted by reference: ill RCW 9.68.015. ill RCW 9.68.030. ill RCW 9.68.050. Obscene literature. shows. etc. - Exemptions. Indecent articles. etc. "Erotic material" - Definitions. "Erotic material" - Detennination by (4} RCW 9.68.060(1 )(2)(3)(a)(b)(c)(d)(i)(ii). I ill RCW 9.68.070. - @ RCW 9.68.080. ill RCW 9.68.090. íID RCW 9.68.100. m RCW 9.68.110. ilID RCW 9.68.120. .illì RCW 9.68.130. Sec. 6-246 ffi} court - Labeling - Penalties. Prosecution for violation of RCW 9.68.060 - Defense. Unlawful acts. Civi1liability of wholesaler or wholesaler-distributor. Exceptions to RCW 9.68.050 through 9.68.120. Motion picture operator or ,Projectionist exempt. when. Provisions of RCW 9.68.050 through 9.68.120 exclusive. "Sexually explicit material" - Defined - Unlawful display. Stay Out of Areas of Prostitution Orders. "Stay out of areas of prostitution orders. hereinafter known as "SO1\P" orders. may be issued by the Federal Way Municipal Court to anyone charged with prostitution or permitting prostitution under Section 6-239 FWCC as a condition of pre-trial release. ORD# , PAGE 10 _. convicted condition l2Y- for such ORD# í!ù {ç.l @ ~ SOAP orders may be issued by the Federal Way Municipal Court to anyone of prostitution or permitting prostitution under Section 6-239 FWCC as a of sentence. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as pre-trial release or a condition of sentence. and the violation or failure to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or condition of sentence is observed the officer. such officer may arrest the violator without warrant or other process violation of the SOAP order pursuant to subsection (g) of this section~ and bring person before the court issuing the order. The SO1\P order shall warn the person named in the order to stay out of the following "high risk prostitution area": ill The entire area which extends two blocks east of and two blocks west of an inclusive of State Route 99. also known as Pacific Highway. throughout the city limits of Federal Way. (This shall extend from the northmost city line to the southmost city line.) 1\ person is deemed to have notice of the SOAP order when: ill "The signature of the person named in the order or his/her attorney is affixed to the bottom of the order. signifying that he/she have read the order and have knowledge of the contents of the order: or ill The order recites that the person named in the order or the person's attorney appeared in person before the court. ,PAGE 11 " - ill The written SOAP order shall contain the court's directive and shall bear the legend: "Violation of this order is a criminal offense under Section 6-236 FWCC and will subject the violator to arrest. " íg} Whenever a SOAP order is issued under this section. and the person named in the order knows of the order. a violation of the provisions of the order is misdemeanor. Section 13. 1\rticle XI, Section 6-268 is amended as follows: Sec. 6-268. Obstructingjustice, criminal assistance, introducing contraband - and related offenses. The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference: (1) RCW 9.69.100, (2) RCW 91\.72.010, (3) RCW 91\.72.040, (4) RCW 91\.72.060, (5) RCW 91\.72.070, (6) RCW 91\.72.080, (7) RCW 91\.72.140, (8) RCW 9A.72.150, (9) RCW 91\.76.010, (10) RCW 9A.76.020. ORD# , PAGE 12 Withholding knowledge of felony involving violence- Penalty . Defmitions. False swearing. False swearing -Retraction. False swearing-Irregularities-No defense. Statement of what one does not know to be true. Jury tampering. Tampering with physical evidence. Definitions . Obstructing a public servant. - (leI) RCW 9A.76.030, (1+~) RCW 9A.76.O40, (1~~) RCW 9A.76.050, (134) RCW 9A.76.060, (l45.) RCW 9A.76.080, (1~ RCW 9A.76.090, (16]) RCW 9A.76.100, (HID RCW 9A.76.160, Refusing to summon aid for a peace officer. Resisting arrest. Rendering criminal assistance-Definition of terms. Relative defined. Rendering criminal assistance in the second degree. Rendering criminal assistance in the third degree. Compounding Introducing contraband in the third degree. (182) RCW 91\.76. 170(1)(2)(d) , (1-92Q) RCW 9A.76.175. (2el) RCW 91\.84.040, Section 14. Bail Jumping ~aking a false or misleading statement to a public servant. False reporting. Article XI, a new section is added as follows: Sec. 6-272. Abuse of Office. The following state statute. including all future amendments. additions or deletions. is hereby adopted by reference: RCW 91\.80.010. Section 15. 1\rticle Xli, Section 6-291 is amended as follows: Sec. 6-291. Disorderly conduct. (a) 1\ person is guilty of disorderly conduct if he or she: (1) Uses abusive language and thereby intentionally creates a risk of assault; (2) Intentionally disrupts any lawful assembly or meeting of persons without authority ; (3) Intentionally obstructs vehicular or pedestrian traffic without lawful ORD# , PAGE 13 authority-;-et'.:. (4) Pighl:3 by agreement; except as part of aft organized athletic event. (b) Disorderly conduct is a misdemeanor. Section 16. 1\rticle XII, Section 6-293 is amended as follows: Sec. 6-293. Privacy, violating right of. The following state statutes, including all amendments, additions and deletions, are adopted by reference: (1) RCW 9.73.010, (2) RCW 9.73.020, (3) RCW 9.73.030, (4) (5) RCW 9.73.070, RCW 9.73.080. Penalty @ RCW 9.73.090, (7) RCW9.73.095. lID RCW 9.73.100, í2} RCW9.73.11O. - ORD# , PAGE 14 Divulging telegram. = Opening sealed letter. Intercepting, recording or divul~ing private communication -Consent required-Exceptions. Same-persons and activities excepted. Intercepting. recording. or divulging communication- Police and fife personnel exempted from RCW 9.73.030 - 9.73.080 Standards. Intercepting. recording. or divulging inmate conversations - Conditions - Notice. Recordings available to defense counsel. Intercepting. recording. or disclosing private communications Not unlawful for building owner - Conditions. " -. Section 17, , Article XII, Section 6-294 is amended as follows: Sec. 6-294. Libel and slander. The following state statutes, including all amendments, additions and deletions, are adopted by reference: (1) RCW 9.58.010, (2) RCW 9.58.020, (3) RCW9.58.030, (4) RCW 9.58.040, (5) RCW 9.58.050, (6) RCW 9.58.070, (7) RCW 9.58.080, (8) RCW 9.58.090, (9) RCW 9.58.1910, (10) RCW 9.58.120, Libel, what constitutes. How justified or excused - Malice, when presumed. Publication defined. Liability of editors and others. Report of proceedings privileged. Privileged conununications. Furnishing libelous information. Threatening to publish libel. Slander of Pinancial institution woman. Testimony necessary to convict. Section 18. Article XllI, Section 6-316 is amended as follows: Sec. 6-316. Conduct prohibited. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.91.010, (2) RCW 9.91.020, (3) RCW 9.91.025, (4) RCW 9.91.110, ORD# , PAGE 15 Denial of civil rights - Terms defined. Operating railroad, steamboat, vehicle, etc., while intoxicated. Unlawful bus conduct. Me!al buyers - Records of purchases- Penalty, (5) RCW 9.03.010, (6) RCW 9.03.020, (7) RCW 9.03.030, (8) RCW 9.03.040, {2} RCW 42.20.010 Gill RCW 42.20.030 íill RCW 42.20.050 ill} RCW 42.20.060 ill} RCW 42.20.080 ill} RCW 42.20.100 ill} RCW 46.61.685. Abandoning, discarding refrigeration equipment. Permitting unused equipment to remain on premises. Violation of RCW 9.03.010 or 9.03.020. Keeping or storing equipment for sale. Powers may not be delegated for profit. Intrusion into and refusal to surrender public office. Public officer making false certificate. Falsely auditing and paying claims. : Other violations by officers Failure of duty by public officer is misdemeanor. Leaving children unattended in standing vehicle with motor running - Penalty. Section 19. Micle xTII, Section 6-318 is amended as follows: Sec. 6-318. Injury to animals. Any person who wilfully and without authority in law kills, maiIm or disfigures an animal bclonging to another, or exposes any poisons or noxious substances with the intent that it should be taken by such ani:m.al, is guilty of a misdemeano r . The following state statutes. including all future amendments. additions or deletions. are adopted by reference: ill RCW 9.08.020. ill RCW 9.08.030. ORD# , PAGE 16 Diseased animals. False certificate of registration of animals - False representation as to breed. -. ORD# ill íÐ. RCW 9.08.065. Definitions. RCW 9.08.0700 ).(2). Pet animals - Taking. concealing. injuring. killing. etc. - , PAGE 17 Penalty . Section 20. Article XIII, three new sections are added as follows: Sec. 6-321. Juries. crimes relatin1! to. The following state statutes. including all future amendments. additions or deletions. are adopted by reference: ill RCW 9.51.010. ~isconduct of officer drawing iury. ill RCW 9.51.020. Soliciting jury duty. ill RCW 9.51.030 Misconduct of officer in charge of iury. Sec. 6-322. Duty of witnesses. RCW 9.69.100. including all future amendments or deletions. are adopted by reference. Sec. 6-323. Interference with Health Care Facilities or Providers. Thê following state statutes. including all future amendments. additions or deletions. are adopted by reference: ill RCW 9A.50.oo5 Finding. ill RCW 9A.50.01O Definitions. ill RCW 9A.50.020 Interference with health care facility. ffi RCW 9A.50.030 Penalty. ill RCW 91\.50.060 Informational picketing. @ RCW 91\.50.070 Protection of health care patients and providers. ill RCW 91\.50.900 Construction. ORD# , PAGE 18 '&. . Section 21, Two new Articles are added to Chapter 6 of the Criminal Code. ARTICLE XIV. PUBLIC NUISANCE Sec. 6-340. Public nuisance. The following state statutes. including all future amendments. additions or deletions. are adopted by reference: ill RCW 9.66.010. ill RCW 9.66.020. ill RCW 9.66.030. ill RCW 9.66.040. ill RCW 9.66.050. Public nuisance. Unequal damage. Maintaining or permitting nuisance. 1\batement of nuisance. Deposit of unwholesome substance Sees. 6-341 - 6-350. Reserved. Sec. ARTICLE XV. GAMBLING 6-351. Gambline. The following state statutes. including all future amendments. additions or deletions. are adopted by reference: ill RCW 9.46.010. ill RCW 9.46.0201. ill RCW 9.46.0205. ill RCW 9.46.0209. ill RCW 9.46.0213. @' RCW 9.46.0217. ill RCW 9.46.0221. ORD# , PAGE 19 Legislative declaration. "Amusement game:. "Bingo" . "Bona fide charitable or nonprofit organization". "Bookmaking" . "Commercial stimulant". "Commission" . Œ1 RCW 9.46.0225. "Contest of chance". (2) RCW 9.46.0229. "Fishing derby". ilQ1 RCW 9.46.0233. "Fund raising event". ill} RCW 9.46.0237. "Gambling". ill} RCW 9.46.0241. "Gambling device". f.lli RCW 9.46.0245. "Gambling information". il42 RCW 9.46.0249. "Gambling premises". ill} RCW 9.46.0253. "Gambling record". .c.w RCW 9.46.0257. "Lottery". : ill.! RCW 9.46.0261. "~ember." "bona fide member". ill} RCW 9.46.0264. "Player". !l2l RCW 9.46.0269. "Professional gambling". (20) RCW 9.46.0273. "Punch boards. n "pull-tabs". 1m RCW 9.46.0277. "Raffle". (22) RCW 9.46.0282. "Social card game". ml RCW 9.46.0285. "Thing of value". (24) RCW 9.46.0289. "Whoever." "person". (25) RCW 9.46.222. Professional gambling in the third degree. Sees. 6-351 - 6-360. Reserved. Section 22. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other ORD# , PAGE 20 " ..... section, sentence, clause or phrase of this ordinance. Section 23. Ratification. Any act consistent with the authority and prior to the effective date of his ordinance is hereby ratified and affirmed. Section 24. Effective Date. This ordinance shall be effective September 10, 2000, which is at least five (5) days after passage and publication of an approved summary consisting of the title hereto. P1\SSED by the City Council of the City of Federal Way this day of ,2000. CITY OF FEDER1\L W 1\ Y M1\ YOR, MIKE PARK 1\ TTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD# , PAGE 21 1\PPROVED 1\S TO FORM: INTERIM CITY ATTORNEY, BOB C. STERB1\NK FILED WITH THE CITY CLERK: P1\SSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE D1\TE: ORDINÞlNCE NO. K: \0 RD IN\cinninaJ update2. 00 Revised 07-20-00 ORD# . PAGE 22 ~ Item 5E CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: August 7, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee Subject: Thomas J. Chaney, Sr., Interim Chief of Police David M~~anager Traffic Unit Radar Reimbursements From: Via: Background: The Department of Public Safety has for the past few years participåted in the "School Zone Safety Program." This program is facilitated by Washington State Traffic Safety Commission as governed by RCW Chapter46.61.440which states that (2)".. . any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty..." and (3) ".. . expenditures may only be used for funding projects in local communities to improve school zone safety, pupil transportation safety, and student safety in school bus loading and unloading areas. The Department of Public Safety requests approval to accept reimbursement in the amount of $12,310.08 from the Washington State Traffic Safety Commission for the purchase of radar equipment. The equipment consists of two (2) ProLaser III speed measuring devices and two (2) Talon ~odel radar units from Kustom Signals, Inc., State Contract # 1 0698. By increasing the radar units, Traffic was able to hand over spare radar units to help equip Patrol. We will request this revenue be appropriated during the 2000 year-end adjustments. 1\ttached is a copy of the letter received from Washington State Traffic Safety Commission. Committee Recommendation: ~otion to approve and accept radar unit reimbursement in the amount of $12,310.08 from the Washington State Traffic Safety Commission. , - , :'i., . APPROVAL OF COMMITT.ÊE'REPORT:,:-t<:,;., .':' , .' , " . .:,.. ',. "'. . .'., " Committee Chair C,ommittee Mèmbe¡;, ., Committee Member .. IILA URNMSI A G END AlPS/O807001RAD AR '! ..~~~ STATE Of WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S. Cherry 51" PO Box 40944 . Olympia, Washington 98504-0944 . (360) 753-6197 January 7, 2000 From: Lt. Tracy Grossnickle, Federal Way ~cþDept. Les Pope, Senior Program Manager ~~ Police Equipment Grants TO: RE: Based on the grant request you submitted, your agency is awarded full funding to acquire Two (2) Kustom Brand, ProLaser III speed measuring devices with holsters. The cost of this unit is $3,995.00 each plus tax and shipping. The holsters are an additional $70.00 each. Further, your agency is awarded full funding to acquire Two (2) Kustom Brand, Talon Model, radar units. The cost of this unit is $1,745.00 each plus tax. and shipping. These units may be purchased by c~'{jng the vendor directly at 1- 800-835-0156. Purchase of additional accessories such as additional/different antennas, triggers, remote controls or special vehicle adapters is the responsibility of your agency. As with all our equipment grants, your agency must purchase the necessary item(s) and submit for reimbursement not later than 90 days from this date. I have detailed the order/reimbursement procedure' below: 1. 2. Your agency must order the item granted and be billed for the equipment. Upon receipt of a billing, your agency must submit for reimbursement using the enclosed Invoice Voucher, AI9-lA Form. Submit the voucher and a duplicate copy of your billing invoice to WTSC for reimbursement. Please note that we cannot accept a FAX. We must have: your agency identified as the "Claimant", a Federal Tax ill # and an original signature of the agency head, command officer or contracting officer on the A-19 form. - , Upon receipt of the above, your agency/jurisdiction will be reimbursed. .., J. Either party may terminate this agreement upon (30) days written notice to the other party. In the event of termination of this agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the Washington Traffic Safety Commission, one representative from your agency and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Thank you for participating in our traffic safety improvement projects. Feel free to contact me at (360) 586-3872 if you have any questions. .. '. <"> Item SF CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: July 31, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Jennifer L. Schroder, Director David ~anger PubliclPrivate Partnerships Via: Subject: Backeround: At the May 8 comrnittee rneeting, staff requested to work with the Parks and Recreation Cornmission to develop a proactive plan or framework to respond to future inquiries for public/private partnerships, On July 6, the commission's Capital Facilities Cornmittee rnet to discuss public/private partnerships. The Parks and Recreation Commission will be meeting on August 3 and will forward a recommendation on the criteria to follow, Staff will present their recornrnendation to cornrnittee on August 7. Item 5G CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREA nON, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE From: July 31, 2000 Eric Olsen, Chair e~ Human serv~' es Commission David Mos e Manager 2001 CDBG oposed Use of Funds Date: Via: Subject: Background The Human Services Commission is pleased to present the 2001 Community DeveloP!llent Block Grant (CDBG) Proposed Use of Funds. The Council Committee is asked to review the funding recommendations and forward them to the full City Council for final approval. Included with this memo is (1) a summary chart listing each project, the requested amount, the proposed funding level and a brief rationale; (2) a contingency plan providing guidelines for adjusting grant awards should the funds available increase or decrease; (3) project descriptions for each application, (4) a two-page overview of the CDBG program guidelines, and (5) a reference copy of the City's CDBG Funding Strategies, 2000-2003. The Council received a copy of the Commission's preliminary recommendations based on an original grant estimate of $488,302. On July 21, the City received a revised grant estimate of $591,177 (detailed below). The Commission's contingency plan was used to adjust the recommendations after the CDBG Public Hearing to accommodate the change in funds available. Recommendation Process The total amount of funds available for the year 2001 is estimated at $591,177. This includes: $488,018 $31,094 $70,863 $1,202 of2001 CDBG grant of recaptured CDBG funds from prior year projects that did not expend their total award of Federal Way Home Repair Program loans that were repaid of CDBG program income generated by interest income received from King County CDBG Consortium-wide loan programs. Of the $591,177 total, $434,735 is available for capital projects (including $88,677 available to eligible economic development applications), $82,255 is available for public service programs, and $74,187 is available for planning and administration activities. On April 26, 2000, applications were received for capital projects and public service programs. Eleven proposals requested a total of $593,334. Of that total, $400,000 requested funds for capital projects and $119,147 requested for public service programs. No applications were received that were eligible for the economic development set-aside. Human Services staff prepared a proposal for the use of planning and administrative funds totaling $74,187. During weekly meetings, the Commission carefully reviewed each application and interviewed all applicants before developing a preliminary recommendation. The Commission then hosted a public hearing to collect citizen comments on the preliminary recommendations. These comments were considered as the Commission voted on the final Proposed Use of Funds. The Commission is confident that the Proposed Use of Funds complies with local and federal statutory guidelines. 1\t the same time, it offers a diverse portfolio of projects and programs that predominantly benefit low- and moderate-income individuals. Concern Regarding Potential Barrier to Transitional Housing The application from the Federal Way Community Caregiving Network - FUSION, requested $125,000 in grant funds to purchase one condominium unit in Federal Way. This agency has five times previously used grants of $50,000 to purchase condominium units. The applicant stated that the increased request amount was due to (1) overall increases in the cost of housing in Federal Way, and (2) a limited pool of condominium complexes where siting of transitional housing is allowed. The Federal Way Zoning Code requires that such housing units be located at a distance of 1000 feet from a similar unit. FUSION believes that the locations of their existing five units restrict them from purchasing a sixth unit in the more affordable condo complexes within the city. The Commission suggests that the Council review and the 1000 foot dispersion requirements in the Zoning Code to determine if the benefits of dispersing transitional housing units are outweighed by the increased cost borne by agencies and the City (as a granting body) to provide additional transitional housing units. Allocation of Additional Funds With our current estimate of $591,177, there are more grant funds available for capital projects ($434,735) than there are requests ($400,000). 1\s the City received the revised estimate amount after the Commission's public hearing and final recommendation vote, the Commission was polled via fax and e-mail as to how to address the uncommitted grant funds. Human Services staff provided the Commission with a staff recommendation to consider. The recommendation was to revise the CDBG contingency plan to accommodate this and future changes to the grant estimate. The suggested changes are underlined on the enclosed copy of the contingency plan. Staff recommended allocating additional funds, up to $50,000 to the First Time Homebuyer Program. Funds awarded in excess of that requested can be used to benefit additional clients and the funds will be matched with King County grant funds. If uncommitted funds exceed $50,000, then a Request for Proposals would be issued by the Human Services Division based upon a recommendation from the Commission and direction fronrthe Council. The other option presented was maintaining the Commission's recommendation and leaving any uncommitted funds ($34,735) to be allocated in next year's CDBG funding cycle. Seven of the nine voting Commission members responded to the poll. Each respondent concurred with the staff recommendation. Since this recommendation was not discussed at a regular Commission meeting, it was not officially put to a vote. However, the Commission's recommendation via e-mail regarding allocation ofthe additional funding is provided for your consideration. Committee Recommendation 1. The Committee recommends approval of the 2001 Community Development Block Grant Proposed Use of Funds, as presented by the Human Services Commission. This recommendation is forwarded to the full City Council for consideration at the September 5, 2000 meeting. 2. The Committee recommends approval ofthe 2001 Community Development Block Grant Proposed Use of Funds, as presented by the Human Services Commission and modified by the Committee. This recommendation is forwarded to the full City Council for consideration at the September 5, 2000 meeting. ApPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee ~ember P rojecUP rog ram 2001 CDBG Preliminary Proposed Use of Funds Request Proposed Funding Stragegy & Rationale Capital Projects Federal Way Community Caregiving Network Transitional Housing for Women & I $ 1'25,000 I $ 125,000 Children Hearing, Speech and Deafness Center Mixed-Use Office Building - Views at Madison HomeSight First Time Homebuyer Program King Co. Housing Authority & Oxford House Clean and Sober Transitional Housing King C~. Housing and Cmty Development F~deral Way Home Repair Program Senior Services Senior Services Mixed Use Project South King County Multi-Service Center Tall Cedars Apartments Renovation $ 10,000 I $ 10,000 $ 100,000 I $ 134,735 $ 20,000 I $ 20,000 $ 120,000 I $ 120,000 $ 15,000 I $ 15,000 $ 10,000 I $ 10,000 Capital Projects Sub-totals $ 400,000 $ 434,735 . #1: Develop a range of housing opportunities Critical need in Federal Way for this type of housing. Commission believes acquisition can be made at a lower level. If so, unuse;d funds will return to CDBG pool for future allocation. #3: Address human service needs Agency provides services otherwise unavailable in this region. Project ranked as a lower priority due to few city residents served from Seattle project site, #1: Develop a range of housing opportunities Successful revolving loan program increasing homeownership rates within Federal Way. Funds matched at greater than 1: 1 ratio with King County funds. Repaid loans will revolve to assist additional households. Program is elastic and can serve three more clients with additional funds. #1: Develop a range of housing opportunities Although there is need for this type of housing, this was ranked as a lower priority due to unclear benefit to city residents, #1: Develop a range of housing opportunities Program for homelessness prevention and the only available program for preservation of housing stock, 100% city residents served. Loan repayments eventually return to city. #3: Address human service needs Ranked as a lower priority due to the project site located in Seattle serving few city residents (most agency services provided from satelite facilities in Federal Way), #1: Develop a range of housing opportunities Preserves affordable housing in S. King Co. region, Offers permanent housing options for Federal Way residents exiting the agency's emergency and transitional housing programs. available to allocate . . Project/Program 2001 CDBG Preliminary Proposed Use of Funds Request Proposed Funding Stragegy & Rationale Public Services City of Federal Way. Legal Services #3: Address human service needs Domestic Violence Unit $ 56,600 $ 23,600 Partial funding to cover one part-time position (victim advocate or investigator) and purchase of interpretation services. Commission / . encourages the Law Dept. to assume the second requested part-time position in its general fund budget. Hotel voucher request no recommendeddue to duplication of services (6 existing voucher programs), Community Health Centers of King County #3: Address human service needs Dental Access Program $ 10,300 $ 10,300 Addresses critical need for dental care services available to low- and moderate-income households, Funding maintained near 2000 level ($10,000). South King County Multi-Service Center #3: Address human service needs CARES Child Care Subsidies $ 52,247 $ 48,355 Affordable child care is a critical need in community. Program funding reduced from current funding level ($50,280) due to limited funds available. Commission encourages the agency to reduce administrative costs from current 30% of program level, and continue efforts to diversify program funding base. Public Services Sub-totals $ 119,147 $ 82,255 available to allocate Planning and Administration City of Federal Way - Human Services #3, Activity 4: Administer City's CDBG program Planning and Administration $ 74,187 $ 74,187 Funds will support grant administration and special planning projects. PIng and Admin Sub-totals $ 74,187 $ 74,187 available to allocate Grand Total $ 593,334 $ 591,177 . . . . . . 2001 CDBG Application Summary Title: Category: Request: CARES Child Care Subsidy Program Public Services $52,247 Applicant: South King County Multi-Service Center (SKCMSC) One Sentence Use of Funds CDBG funds will be used to supply scholarships for low and moderate-income families in Federal Way who are in need of quality childcare for their school age children. Eligible Activity: Public Services National Objective: Low/Mod Income Benefit -- Limited Clientele -- Agency Maintains Proof Local Strategy #3: 1\ddress human service needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of life. :: Project Description The C1\RES Program provides childcare subsidies for low and moderate-income families in Federal Way. The scholarships are provided to families whose incop1e is not high enough to afford quality childcare, but not low enough to be eligible for State assistance. The program includes before and after school care as well as summer and school break child care services. The scholarships allow parents to work or attend school or other training opportunities while feeling assured that their children are in properly supervised learning programs and age-appropriate activities. From 1992 to 1998, the City of Federal Way Parks, Recreation and Cultural Services Department administered the program. As of January 1999, the SKC~SC assumed administration of the program, with the local Y~C1\ providing service delivery supervision. The agencies providing childcare for the CARES program include the YMCA, ~edallion Children's Services, and Rainbow Connection. The program has sites in 11 Federal Way elementary schools. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The application describes the need for the program, but does not provide quantitative information, which would give a sense of the scope of the need for subsidized childcare services. Based on performance in previous years, the performance measures look realistic. The proposed outcome measures are on the right track. Program staff have participated in outcomes training and technical assistance sessiC'ns. The program is serving an ethnically diverse population. Translation services are utilized as needed to assist clients. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) CDBG funds will be used for: 1) South King County Multi-Service ~enter staf(.25 FTE) to 0 I ccappsums 2001 CDBG Application Summary levels) The City funds the Dental Access program through both CDBG and Human Service Fund programs. The CDBG award has been used to fund a portion of one dentist's salary at the Federal Way clinic. The City's CDBG contribution supports a small portion of the overall program budget (two percent). An average dental visit costs approximately $120. The average subsidized portion for an uninsured client is $89. Funds provided by Federal Way CDBG will support 116 dental visits over the course of the year. CHCKC's operating budget is broad based and includes all levels of government. CHCKC has consistently been able to maintain its existing services while expanding to other parts of the County. Capacity of Applicant (to manage project and/or provide long-term operating support) CHCKC has been providing dental care services in Federal Way for the past five years. Dental services are also offered in Kent and 1\uburn. The applicant has the expertise and experience to continue operating this program. In addition, CHCKC employs staff who are repres~ntative of their client population. Approximately 29 percent of the Federal Way Community Dental Center staff are members of an ethnic minority - including Eastern European, Hispanic, and 1\sian Nilerican. Project Revenue Sources Federal Way CDBG Federal Way General Fund King County Federal State Fees for Service City of SeaTac United Way 1\dditional grants TOTAL COST $10,300 $15,450 $22,177 $45,796 $21,230 $320,329 $3,536 $7,460 $28,190 $474,468 2000 Funds Received Federal Way Share $10,000* 2.2% *This program also received $15,000 in Human Services General Fund 0 I ccappsums . . . 2001 CDBG Application Summary Title: Category: Request: Dental Access Public Services $10,300 Applicant: Community Health Centers of King County (CHCKC) One Sentence Use of Funds CHCKC will use Federal Way CDBG funds to provide routine and emergency dental care to low- and moderate-income Federal Way residents. Eligible Activity: Public Service National Objective: Low/Mod Income Benefit - Limited Clientele - Agency Maintains Proof Local Strategy #3: 1\ddress human service needs :which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of life. - Project Description Federal Way Dental Access provides operative, preventative, restorative and emergency dental care to low and moderate-income Federal Way residents. At least 85% of the Federal Way patients .' served through this program will have family incomes at 80% or below King County median income. Services are provided on a sliding-fee scale, according to family size and income. Interpretation services are provided free of charge for clients with limited English speaking ability, hearing impairment and sight impairment. Federal Way Community Dental Center recently established weekly half day emergency walk-in clinics at which no appointments are scheduled and only urgent care cases are served. The patients are triaged to prioritize the severity of cases. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) According to statistics provided by the applicant, less than one-third of ~edicaid enrolled children in South King County received dental care in the previous year. 1\ccess to dental care for uninsured adults is also extremely difficult. This is due to a lack of dentists willing to serve these client groups. CHCKC has addressed these needs by focusing their dental services on family practice and on adults with emergency dental needs. CHCKC is applying for their third year of funding from the CDBG program. Their request equals their 1999 award and the performance measures have been increased by 26 percent. The increase is in anticipation of adding a full time dentist to one of the clinics. Even with the addition of a dentist, a 26 percent increase may be unrealistically high. The agency is on the right track with development of their outcome measures. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure , - 0 I ccappsums 2001 CDBG Application Summary program under this request (the hotel vouchers and pamphlets) will not increase the unduplicated number of victims served, but will increase the level of service that can be provided to each victim. If these elements receive funding, the applicant will be asked to develop performance measures for them (such as number of hotel vouchers distributed). The outcome measures provided in the application will build upon data collected in previous years and will attempt to track the number of successful prosecutions resulting in guilty verdicts, plea agreements, or batterers entering court ordered treatment/education programs. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The City assumed responsibility for the prosecution of domestic violence from King County in 1997. 1\ one person DV Unit was established with CDBG funds in 1998. The cost of that position was transferred to the City General Fund in 1999. CDBG funds in 1999 and 2000 have supported an additional part-time position to assist with the workload and broaden the number of services available to victims. Assuming full funding at $60,550 and 3,120 hours ofadvocaG-Y, CDBG funds will support domestic violence advocacy and prosecution at a rate of $19.40 per homo .:¡¡ ~ In past years, CDBG has contributed primarily labor costs. The r~quest for 2001 includes labor and adds funds to start a hotel voucher program and reproduce informational brochures. The hotel voucher program raises questions. There is no doubt that the service would be a valuable addition to the DV Unit program. However, there are six voucher programs currently available to Federal Way residents through various emergency assistance programs. The applicant believes that they need to be able to issue vouchers immediately rather than working through a separate non-profit group. Capacity of Applicant (to manage project and/or provide long-term operating support) As stated, this project is currently in its third year of CDBG funding and is applying for a fourth year. It has shown growth over the time it has been funded with CDBG and has provided a valuable service to the residents of Federal Way. The City's Legal Services Department has also shown its intent to provide long term operating support by adding one FTE position (funded by CDBG in 1998) to the City's 1999 to 2000 budget. As of now, it is unknown what components of the DV Unit will be funded in the City's 2001 to 2002 budget. The City also contributes materials, supplies and administrative assistance to the DV Unit. Project Revenue Sources Federal Way CDBG Federal Way General Fund TOT AL COST $60,550 $106,531 $167,081 2000 Funds Received CDBG Share $21,648 36.2% 0 I ccappsums . . . .. . 2001 CDBG Application Summary Title: Category: Request: Domestic Violence Unit Public Services $60,550 Applicant: City of Federal Way - Legal Services (CFW - Law) One Sentence Use of Funds Funding will provide the program with its part-time victim advocate, a part-time investigator, hotel vouchers for victims, training for advocates and educational pamphlets. Eligible Activity: Public Service National Objective: Low/~od Income Benefit - Limited Clientele - Presumed Benefit Local Strategy #3: Address human service needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of life. . Project Description The Federal Way Domestic Violence Unit (DV Unit) provides Domestic Violence Victim Advocates for residents of Federal Way who are victims of domest~c abuse. These Advocates promote victim safety, abuser accountability, and community awareness through education, prevention, intervention and treatment. The Advocate Program serves as a victim's guide through the legal system. The DV Unit's goals are to aid in safety planning for victims, as well as to refer them to other agencies that are able to meet their specific needs, i.e. shelters and financial aid. Advocates also collect information that is useful and relevant to the case thereby assisting in the prosecution of the defendant batterers. The program also provides follow-up services to assure that the batterers are following court assigned treatment programs. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) During 1999, the City's Domestic Violence Unit pursued 451 cases. That translates to approximately 38 cases every month. The DV Unit offers services to victims of these offenses by offering them assistance in seeking the full protection available to them by the law, The Unit also helps clients understand and access the different types of services that are available. If necessary, the Unit will assist a victim in leaving the home. For clients who are limited English speaking, the applicant makes use of translators and a network of ethnic counseling agencies. Education and advocacy for this group of clients is particularly needed, as they tend to be less aware of their rights in the legal system. ~aintaining funding for the 0.5 FTE Victim Advocate will enable the program to serve 336 victims above that which will be served by the 1.0 FTE position that is funded through the City's General Fund. The second 0.5 FIE, if funded, will enable the program to offer more assistance in the prosecution ofbatterers resulting in an increased rate of conviction (forty percent of last year's cases were dismissed due to lack of evidence or witnesses). Likewise, the other elements of the '. - 01 ccappsums 2001 CDBG Application Summary county cities, even if not located in the funding city. In 1998, the City funded a similar type of project in Des ~oines (Victorian Place II). For that project, the applicant offered that marketing would take place in the cities that funded the project for future vacancies. Also, Federal Way families going through the SKCMSC's emergency and transitional housing programs will have access to this property for permanent housing (as vacancies allow). Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) Costs for the project have been developed in a conservative manner with sufficient contingencies built into the budget to cover unanticipated or underestimated costs. The benefits of this project are that the applicant has secured the project site and 36 percent of the budget has already been secured. The applicant proposes to use City CDBG funds for purchase of major appliances for kitchen upgrades in each unit (CDBG regulations require that any equipment purchased by permanently installed in the unit). Public subsidy toward the preservation of existing affordable housing is often more cost-efficient than subsidy of new affordable housing construction. -- Capacity of Applicant (to manage project and/or provide long-term operating support) The SKC~SC has over 100 housing units in their ownership inclu~ing emergency, transitional and affordable rental housing. The agency is currently pursuing funding for four different housing projects in South King County (this project in Auburn, one in Kent and two in Federal Way). If they are successful in receiving funding for all their projects, a capacity question during implementation might arise. However, the agency has established several partnerships with other non-profits and housing development consultants to limit their investment of time and agency resources in anyone project. Project Revenue Sources Federal Way CDBG King County Private Lender State 1\uburn CDBG Other - W 1\ Convention TOTAL COST $10,000 $649,058 $350,000 $404,982 $20,000 $250,000 $1,684,040 2000 Funds Received Federal Way Share $35,677* 0.59% *The 2000 awards were for different capital projects. .' .: 0 I ccappsums 2001 CDBG Application Summary - Title: Category: Request: Minimum: Tall Cedars Apartments Capital Projects $10,000 None Applicant: South King County Multi-Service Center (SKCMSC) One Sentence Use of Funds: Funds will be used towards the acquisition and rehabilitation of 24 apartment units for very low and low-income families in South King County. Eligible Activity: Rehabilitation National Objective: Low/Mod Income Benefit - Housing Local Strategy #1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, and special needs groups and impact the availability of transitional housing and emergency shelters. .-. Project Description : The Tall Cedars Apartments are located at 1315 - 3151 Street in 1\uburn. There are 24 apartment units with approximately 800 square feet of space including two bedrooms and a bath. The complex is two stories and sits on 39,878 square feet of property. There is a playground at the end of the property. This project will rehabilitate the property, upgrade the quality of the housing units, and guarantee that rents will remain affordable to low- and moderate-income households. The SKCMSC, as landlord, will work with the 1\ubum Police Department to reduce the historically high number of calls and complaints from this building - working toward a healthier atmosphere for children and their families. The 1\ubum Y~CA and Auburn Youth Resource Center are located within two miles. 1\ purchase and sale agreement is already in place. If successful in receiving funding, the applicant believes this site can be acquired by ~ay 2001. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) South King County is the last region of King County that has a stock of rental housing affordable to a wide range of income levels. This project will preserve current affordable housing, as rent charged will be dictated by the income of the tenants rather than the overall current market for rental housing. Rents will be kept affordable for. households making 30 to 55 percent of the King County median income. Thirty percent of median for a family of four is $19,750. Fifty-five percent of median for a family of four is $36,190. .-. Once a family moves into the project, they will become Auburn residents. However, these families may come from any South King County city prior to moving into this complex. The application to Federal Way is made on the premise that housing is a regional issu~ and will b! supported by south 0 I ccappsums 2001 CDBG Application Summary location. With this agency, there is an indirect benefit, as programs offered by the agency in Federal Way will be administered from the new project site. These programs include Meals on Wheels, Congregate Meals and Volunteer Transportation Services (all funded through the Human Services General Fund). Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) Like the HSDC proposal, the funding package is uncommon as the City of Federal Way has not funded a project located in Seattle (a similarly structured application was received but not funded last year). Neither do we know of a case where the City of Seattle has funded a project located in Federal Way. While the applicant estimates that 1.9 percent of the clientele come from Federal Way, the funding requests equals 0.36 percent of the total budget. The project budget is sound. The CDBG request is coming at the very beginning of the funding process. No other public funding sources have been secured at this time. To facilitate the process, Senior Services has hired Common Ground, a nonprofit development congultant, who has extensive background in CDBG funded development projects. Capacity of Applicant (to manage project and/or provide long-term oper,ating support) Senior Services is a large, well-respected nonprofit organization. They receive programmatic operating support from several South King County cities for services they provide across King County. While they have no track record in real estate development, they have hired respected and capable development consultants for the construction of the new housing and office space. Project Revenue Sources Federal Way CDBG King County Capital Campaign Other CDBG Private TOTAL COST $15,000 $150,000 $2,617,248 $385,000 $1,000,000 $4,167,248 2000 Funds Received Federal Way Share None 0.36% 0 I ccappsums 2001 CDBG Application Summary - Title: Category: Request: Minimum: Senior Services Mixed Use Project Capital Projects $15,000 $10,000 Applicant: Senior Services One Sentence Use of Funds: Grant will fund construction costs for the office and program space in the Senior Services new facility. Eligible Activity: Public Facilities and Improvements National Objective: Low/~od Income Benefit - Limited Clientele - Presumed benefit Local Strategy #1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, and special needs groups and impact the availability of transitional housing and emergency shelters. - Project Description This proposed project is an 8-story, 35,700 square foot, new construction building that will include 3 floors with 16,700 square feet for Senior Services programs and 19,000 square feet (25 units) of low-income senior housing. The project will be located in downtown Seattle. The Senior Services office space will include nine Senior Services programs. The seniors who live in the building will have easy access to and be linked with Senior Services programs and the Senior Health and Wellness Center. There will be a rooftop garden that will be available for Senior Services clients and housing residents. ,~ If successful in receiving funding, the applicant believes this project can be complete by 1\ugust 2002. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) Senior Services is the largest provider of services for seniors in King County, serving 50,000 seniors per year. Twenty-eight thousand of those seniors are served through programs located in the downtown Seattle location. Due to steadily increasing leasing costs, Senior Services must vacate its current location by Summer 2002. Senior Services anticipates the need for services to increase significantly over the next twenty years and there is currently a significant increase in service needs for persons over age 85. From the Project Benefit section of the application (question 13), less than two percent of the clients served by this project would be from Federal Way. When asked to provide the source for project benefit numbers, the applicant responded that client residence is asked when a client calls or comes in to the Seattle facility. Similar to the Speech, Hearing and Deafness Center (HSDC) proposal, it will be important to show how Federal Way residents ~re directly--served at the project 0 I ccappsums 2001 CDBG Application Summary Potential tenants apply to the Oxford House based upon their own geographic preference. The residents of the house then select from the applications received for any opening that occurs. Although highly probable that Federal Way residents would choose to apply to a South King County Oxford House, there is no guarantee that city residents will be served. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The majority of the project budget is given to property acquisition costs. The estimated costs are extremely preliminary, as no site has yet been identified. The anticipated costs seem sufficient to cover the acquisition of a six-bedroom home. The most difficult aspect of this project will be locating an existing six bedroom home (big enough to accommodate eight individuals) that is near shopping and transit. If required, the project includes funds to rehabilitate or modify the structure to meet the needs of the program. Capacity of Applicant (to manage project and/or provide long-term operating support) The King County Housing Authority will be the property owner and manager. KCHA owns over 400 units of housing in Federal Way ranging from single-family homes to large-scale apartment complexes. Oxford Houses of Washington is a state chapter of a national organization. They will oversee the day-to-day operation. Oxford House has 77 houses in Washington State with 15 in King County (there are no Oxford Houses located between Renton.and Tacoma). Each Oxford House is self-sufficient, providing enough operating support through rents charged to each resident. Project Revenue Sources Federal Way CDBG King County State 1\ubum CDBG TOT AL COST 20,000 205,285 212,100 10,000 447,385 2000 Funds Received Federal Way Share None 4.5% : 0 I ccappsums 2001 CDBG Application Summary - Title: Category: Request: Minimum: Clean and Sober Housing Capital Projects $20,000 None Applicant: King County Housing Authority/Oxford House One Sentence Use of Funds: Acquisition of a 3000+ square feet single-family house in South King County, to be rehabilitated and used as transitional housing for persons in recovery. Eligible Activity: Rehabilitation National Objective: Low/Mod Income Benefit - Housing Local Strategy # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, and special needs grouJ1S and impact the availability of transitional housing and emergency shelters. - Project Description The goal of Oxford House is to provide a supportive, clean and sober living environment in which residents can pursue a program of recovery. This housing provides a transition time between treatment and full recovery. Although there is no time limit, most residents remain for about a year. The goal is to purchase a newer home constructed in 1980 or later that needs a minimum of rehabilitation to accommodate the program. "'I The living arrangements will be that of a single family with residents sharing common spaces. It will house eight residents with four sharing bedrooms and four with individual bedrooms. All residents participate in the management ofthe house, tasks/duties are rotated among members and none are permitted to opt out. No social services are provided on site. Oxford Houses focus on providing a supportive environment where a highly democratic form of house management serves as training for learning new behaviors. There are 15 Oxford Houses in King County. Two are located in South King County (Burien and Renton). If successful in receiving funding, the applicant believes this site can be acquired by ~arch 2001. - Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) Housing for persons in recovery is in short supply throughout King County. Each year about 1,400 unduplicated persons exit Cedar Hills Treatment Facility Gust south of Seattle). 1\nother 3,600 persons complete treatment at 10 other facilities in King County. According to the King County Housing and Community Development Plan, there is a need for 700 more transitional housing units for persons in recovery. Eighty-two percent ofthe existing housing resources for this population are located in Seattle, with thirteen percent in South King County. '0; 0 I ccappsums 2001 CDBG Application Summary assistance to clients until the beginning of 1999 (delay was due to regional coordination and contracting processes - not due to the program). In thirteen months beginning in February 1999, HomeSight issued $253,200 in purchase assistance within Federal Way ($512,440 in South King County). Of that total, $90,000 was Federal Way CDBG and funds and $163,200 was matched King County funds. This is a ratio of King County to City funds of 1.81. The past expenditure rates indicate that HomeSight will be able to issue the full request during 2001. As interest rates continue to rise over time, more and more moderate-income households will need assistance in moving from rent to home ownership. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The funds invested in this program are given to a revolving loan fund. Similar to the City's home repair program, principal and interest are repaid to the loan pool and redistributed to new Federal Way clients. Over time, this loan fund will be self-supporting, however due to the structure of the loans, funds will not begin revolving for another six years (assuming no early repayments). Purchase assistance has been extremely cost effective in the previous years. City cõntribution to the purchase assistance has been limited to $10,000 per household. This has been matched with up to $15,000 of King County funds. FirstHomes clients are requiredto provide a down payment at a minimum of two percent of the purchase price. 1\dditionally, FirstHomes clients receive comprehensive homeownership education and counseling at no cost to the City. Capacity of Applicant (to manage project and/or provide long-term operating support) HomeSight has been providing first-time homebuyer education, counseling and loan assistance and newly constructed homes (for sale) to low- and moderate-income buyers since 1990. Two years ago, HomeSight expanded their program from Seattle to South King County and Snohomish County. Since 1990, HomeSight has created ne~ly 600 new homeowners, constructed 171 homes and has administered $6.3 million in buyer assistance loans. Nineteen new homeowners have been assisted in Federal Way. Project Revenue Sources Federal Way CDBG King County Buyer Cash Other CDBG Private I Foundation TOT AL COST 100,000 350,000 120,000 280,000 2,700,000 3,550,000 2000 Funds Received Federal Way Share None* 2.8% *This program was funded in 1997 and 1998 at $25,000 and $75,000 respectively. 0 I ccappsums 2001 CDBG Application Summary Title: Category: Request: Minimum: FirstHomes Program of South King County Capital Projects $100,000 None Applicant: HomeSight One Sentence Use of Funds: Approved funds will be used as direct loan assistance to first-time buyers earning at or below 80% of King County Median Income to achieve ownership in the City of Federal Way. Eligible Activity: Homeownership Assistance National Objective: Low/Mod Income Benefit - Housing Local Strategy # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, and special needs groups and impa~ the availability of transitional housing and emergency shelters. Project Description This project will help provide financing for nine new first-time buyers in Federal Way who earn at or below 80% of the King County median. The loan terms are three percent interest accrued annually with deferred principle payment for seven years, with principle plus interest due beginning in year eight. The loan amount offered is based upon the client's need. The range of assistance varies between $10,000 and $25,000 per household with an average loan amount being $23,000. These funds will enhance the existing FirstHomes revolving loan fund where local funds are matched with King County Housing Finance Program funds. In previous years, the Cities of Federal Way, Kent, Auburn and Tukwila have funded this loan pool. HomeSight provides education and counseling services for all FirstHomes clients (on campus at Highline Community College and at HomeSight's office in Kent). These services are primarily supported with private funds. Outreach to potential clients is made through a community-based approach in cooperation with private lenders, real estate professionals and participating cities. ' Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The Puget Sound area is recognized as the eighth most expensive real estate market in the country. A household making $30,000 and paying five percent down has a purchase affordability of $87,400. Only 400 homes (1%) in King County sold for this amount or less last year. Federal Way's 1999 median home price was $176,500. To buy here, a household must earn $47,066 gross annually. Although funded in 1997 and 1998, the FirstHomes program did n~t begin off~ring purchase 0 I ccappsums 2001 CDBG Application Summary The application indicates that the main benefit of this project will be a consolidation of office space for the agency and the new housing units produced. Due to CDBG regulations, grant funds may only be used for programmatic office space (as opposed to general administrative space). For the purposes of this grant request, there appears to be no additional or new services that will be made possible by the project. There is mention of possible new programs in the future. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) The proposed funding package is uncommon, as the City of Federal Way has not funded a project located in Seattle (a similarly structured application was received but not funded last year). Neither do we know of a case where the City of Seattle has funded a project located in Federal Way. While the applicant estimates that three percent of the clientele come from Federal Way, the funding request equals less than one percent of the total budget. The project budget is sound. The CDBG request is coming at the very beginning of the funding process. No other public funding sources have been secured at this time. To facilitate the process, HSDC has hired Common Ground, a nonprofit development consultant, who has extensive background in managing CDBG funded development projects. Capacity of Applicant (to manage project and/or provide long-term operating support) HSDC has been operating as a non-profit in the Seattle area for almost 50 years. Significant operating revenue is generated through the agency's fee-based services and their retail store. While they have no background in real estate development or property management, they have hired respected development consultants and management firms for the construction and long- term operation of the new housing and office space. Project Revenue Sources Federal Way CDBG King County Federal Other CDBG Private/F oundations TOTAL COST $10,000 $50,000 $1,180,000 $340,000 $3,214,621 $4,794,621 2000 Funds Received Federal Way Share None 0.2% " - 01 ccappsums 2001 CDBG Application Summary Title: Category: Request: Minimum: Hearing, Speech and Deafness Center - Views at Madison Capital Projects $15,000 $8,000 Applicant: Hearing, Speech and Deafness Center (HSDC) One Sentence Use of Funds: Grant will fund construction costs for the office and program space in the HSDC's new facility. Eligible Activity: Public Facilities and Improvements National Objective: Low/Mod Income Benefit - Limited Clientele - Presumed benefit (Severely Disabled) Local Strategy: #3: Address human service needs which focus upon self-supporting systems that empower families and community to make contributions to their own well-being and enhance the quality of their lives. : Project Description Grant funds are requested for new construction of a mixed use bu~lding in downtown Seattle that will include 30,000 square feet of program, office and retail space for the Hearing Speech and Deafness Center. Above will be five floors of affordable housing for households between 30 and 80 percent of the median income range. The project includes 150 underground parking stalls. The housing portion ofthis project is proposed to be funded by the Washington State Housing Finance Commission Low Income Housing Tax Credit program. HSDC will demolish and rebuild on 1.4 acres of property where the HSDC has been located for the past 37 years. 1\s per CDBG regulations, grant funds can only be used for the construction of the programmatic office space. Services that will be provided from this location include the Audiology program, Speech - Language Pathology Program, the HSDC retail store, Parent Infant Program, Training Assessment and Placement Program, Community Education and Training, as well as the possibility of a new child care program and physical and occupational therapy program. If successful in receiving funding, the applicant believes this project can be complete by April 2002. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) The key point of consideration is how this project will benefit residents of the City of Federal Way. The application indicates that three percent of the overall client load resides in Federal Way. When asked to describe the source of this information, the applicant responded that client residence was pulled from the agency's 1999 client database. The applicant is seeking to match the funding sources for the project to the clientele base. They have applied to the Cities of Seattle, Bellevue, and six other smaller suburban cities in King C~unty. 0 I ccappsums 2001 CDBG Application Summary market. Project costs are also affected by the City's zoning code, which requires that transitional housing units be placed over 1,000 feet away from any existing transitional housing unit. The 2001 request is based upon the assumption that the next condominium unit will have to be located in an area of Federal Way outside of the Pac Highway corridor - where average acquisition costs will be higher. The benefit of purchasing a newer, higher priced unit will be a probable reduction in FUSION's annual maintenance costs. Capacity of Applicant (to manage project and/or provide long-term operating support) FUSION is volunteer-run agency. As additional units are added to the agency's portfolio, concern increases regarding the capacity of the agency to raise annual operating funds to support each unit. Those costs include operating and maintenance expenses for each unit, and a contract with South King County YWCA for case management. This is not a yet a major concern as the agency has been operating five units without difficulty for the past two years. 1\dditionally, if the unit purchased with 2001 funds is fairly new, the burden of extra maintenance costs should be minimal for the foreseeable future. Project Revenue Sources Federal Way CDBG TOTAL COST $125,000.00 $125,000.00 2000 F\,lnds Received FederaI"Way Share None* 100% The five existing FUSION units were funded with CDBG in 1995, 1996 and 1998. {I, 01 ccappsums 2001 CDBG Application Summary Title: Category: Request: Minimum: Transitional Housing for Homeless Women & Children Capital Projects $125,000 $100,000 Applicant: Federal Way Community Caregiving Network - FUSION One Sentence Use of Funds Grant will be used to purchase a condominium to temporarily house families in transition in the Federal Way community. Eligible Activity: Public Facilities and Improvements (Special Needs Housing) National Objective: Low/Mod Income Benefit - Housing Local Strategy # 1: Develop a range of housing opportunities aimed at increasing the supply of affordable housing... Create housing opportunities for seniors, youth, and special needs groupB and impact the availability of transitional housing and emergency shelters. Project Description This project will assist FUSION in acquiring one condominium unit in Federal Way. The unit will be used to provide no cost transitional housing (including rent, utilities, and telephone) as a bridge between emergency housing and public housing for women and their young children. These families are screened and placed by the South King County YWC1\ and can stay for a period of six months to one year. The goal of the program is to assist these families in achieving self- sufficiency by providing no cost housing and other services as needed. This will be the sixth condominium to serve as a temporary home for women and their children. All units are located in Federal Way. The YWCA provides the case management for the program. Five to ten eligible families are screened for every opening in these units during the year. Iffunded, FUSION will locate and purchase the condominium by mid- to late-200l. Feasibility Demonstrated Need and Effect of Project (including performance and outcome measures) Even with public assistance from the State, homeless [amilies are still unable to afford housing- up to seventy percent of newly homeless families in the state are already receiving public assistance. The FUSION housing unit allows recently homeless Federal Way families to stay in the area while the parent works to find stable employment. After five years in operation, there has not been a vacancy at any of the five FUSION units for a period longer than two weeks. Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic expenditure levels) FUSION's requested amount was based upon discussion with City staff and a local real estate professional. In previous years (1995 to 1998), FUSION has been able to find condominiums in Federal Way selling for approximately $50,000. This is no longer possible in today's real estate .' ... 0 I ccappsums 2001 CDBG CONTINGENCY PLAN The allocation process for year 2001 Community Development Block Grant (CDBG) funds is based upon an estimate of what funds will be available that year. The City will not be informed of its exact grant amount until December 2000. For this reason, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: 2iI '~ Capital Projects ~ Any additional funds will be allocated to (1) Speech, Hearing and Deafness Center- Mixed Use Office Building to the requested level of $10,000, then to (2) King County Housing Authority/Oxford House - Clean and Sober Transitional Housing to the requested level of $20,000, then to (3) Senior Services - Mixed Use Office Building to the requested level of $15,000, then to (4) Federal Way Community Caregiving Network, FUSION - Transitional Housing to the requested level of $125,000. Additional funds, if under $50,000 in total, will be allocated to HomeSiqht - First Time Homebuyer Proqram. If additional funds are in excess of $50.000,-funds will be allocated to a project or projects selected throuqh a Request for Proposals (RFP) process. Public Service Programs ~ Any additional funds will be allocated to the South King County Multi-Service Center - CARES Child Care Subsidy Program to the requested level or $52,247, with any additional funds allocated to capital projects in accordance with the priority order listed above. Planning and Administration Activities ~ Any additional funds for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects ~ Decreases will first be made to HomeSiç¡ht - First Time Homebuyer Proqram down to their requested amount of $100,000, if their award exceeds that amount. Additional decreases will be made to all capital projects, exclusive of South King County Multi-Service Center - Tall Cedars Renovation, in proportion to the percentage decrease in grant funds. Public Service Programs' ~ Decreases will be made to all public service programs in proportion to the percentage decrease in grant funds. Planning and Administration Activities ~ Funding for consultant and purchased service activities ~iII be dec[,eased to their full extent before decreases are made to administrative activities. 2001 CDBG Application Summary provide program planning, oversight and fund development (15 percent of budget); 2) Y~C1\ staff to provide day to day program operations, oversight of and coordination with the child care providers, program development, and tracking service statistics (13 percent of budget); 3) Child care subsidies (72 percent of budget). There are no significant changes from last year's proposal. Regarding cost-effectiveness, the application states that 55 children will be served with the funds requested ($1,073 per child), but does not provide information on the level of services to be provided to those residents, such as the number of child care days or hours provided. Without information on the level of services to be provided, it is difficult to assess cost-effectiveness of the program and the value that the City will receive for the funds requested. The agency has been asked to estimate the number of childcare days or hours to be provided in 2001. The City's 2000 CDBG contract with this agency is for $50,280 to serve 35 children, which is $1,437 per child. The funds requested from the City represent 89 percent of the program budget and Federal Way residents represent 100 percent of the caseload. Capacity of Applicant (to manage project and/or provide long-term operating support) - The applicant partnership of the South King County ~ulti-Service Center (SKC~SC) and the Y~CA is well qualified to provide this service. Both agencies are lead providers in human services in Federal Way. Both agencies have many years of experience and expertise in operating social service programs and serving low and moderate-income residents. The partnership agencies are committed to providing quality childcare and to seeking out financial resources to adequately fund the program. Together, the SKC~SC and the Y~C1\ have the capacity to run a strong, well- managed childcare program. Project Revenue Sources Federal Way CDBG Federal Way General Fund Donations TOT AL COST $52,247 2000 Funds Received Federal Way Share 50,280 88.6% $6,753 $59,000 01 ccappsums ~.i. 'ERRl.. ~~RY OVERVIEW COMMUNITY DEVELOPMENT BLOCK GR1\NT INTRODUCTION The federal Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program provides an annual grant to entitled cities and counties. The purpose of this grant is to help develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The City of Federal Way receives its CDBG allocation through the King County CDBG Consortium. The allocation is b~d upon the City's population and percentage share of low- and moderate income individuals. The City implements programs by contracting for services with its own departments Qr through area non-profit agencIes. - NAllONAL OBJECTIVES The Community Development Block Grant can be used to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and public services. The City funds CDBG programs by means of an annual application process. Each project or program proposal is measured against locally established goals and three nationally established objectives. The national objectives support activities that: . Benefit low- and moderate-income persons; Aid in the prevention or elimination of slums or blight; or ~eet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such ne~ds (i.e. disaster recovery relief). . . In general, the City of Federal Way does not exhibit the characteristics necessary for a project to be justified under the second or third objectives. Therefore, the vast majority of the City's CDBG projects are justified undçr the first Qbjective of low- and moderate-income benefit. - Source: Code of Federal Regulations Title 24, Part 570 (24 CFR 570) ELIGIBLE ACTlVmES IMPLEMENTlON OF ACTlVm ES EXAMPLES The criteria for how an activity may be considered to benefit low- and moderate-income persons are divided into four subcategories: . Those involving area benefit, Those serving a limited clientele (i.e. the disabled or elderly), Those involving housing, and Those involvingjob creation or retention. . . . Once a project meets a national objective, it must also qualify as an eligible activity under local and federal requirements. CDBG funds may be used for activities that include, but are not limited to: . Acquisition, disposition, or clearance of real property; Rehabilitation of residential and non-residential structures; Construction of public facilities and improvements, such as water and sewer facilities, streets, and neighborhood centers; Direct human services; - Homeownership assistance programs; Activities relating to energy conservation and renewable energy resources, and 1\ssistance to for-profit businesses to carry out neighborhood economic development or job creation or retention activities. . . . . . . The City, as a CDBG recipient, can undertake activities directly, or can identify a sub-recipient to undertake activities. Sub-recipients are public or private non-profit agencies, authorities, or organizations. CDBG assistance to private for-profit businesses is allowed with the addition of an extra level of regulatory scrutiny and performance reporting. Exceptions to this rule include aid given to microenterprises (businesses employing less than five persons) and exterior rehabilitation of commercial buildings. Since Federal Way incorporated, a wide variety of programs and projects have benefited from complete or partial CDBG funding. . Reconstruction of sidewalks for wheelchair accessibility Transitional shelter for homeless women and children Signalized pedestrian crossing in a lower income neighborhood Child care subsidy program First time homeownership program Domestic Violence 1\dvocacy program Public improvements in the Intemat,ional Oistris;t Home repair loan and grant program . . . . . . Source: . Code of Federal Regulations Title 24, Part 570 (24 CFR 570) -01' .c::::. 4 ED ERA\- ~~ AY" COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING 1\ND COMMUNITY DEVELOPMENT FOUR-YEAR STRATEGIES, 2000-2003 The Housing and Community Development Four-Year Strategies evolved from the 1993 Community Development Block Grant (COB G) Local Program Policies. The strategies were developed in 1994 and updated in 1995. At that time they were given a four-year term, from 1996 to 1999. They were revisited in 1998 and again in 1999. In May 1999, the strategies were renewed for another four year term, 2000 to 2003. These strategies provide guidelines for the allocation ofCDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth ~anagement Act and the Human Services Comprehensive Plan. GOAL STATEMENT Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challenge of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use COBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and by expanding economic opportunities for low- and moderate-income persons. OBJECTIVES )0> To fund projects which address local needs and strategies )0> To ensure that the basic human service needs of low- and moderate-income persons are addressed )0> To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations )0> To preserve the existing housing stock )0> To stimulate economic development and strengthen the City's infrastructure Four- Year Strategies Page 2 of 5 NEEDS The City of Federal Way has identified housing and non-housing community development needs through public involvement activities, studies, needs assessments, and planning processes. 1. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health and safety problems. 2. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stock. 3. Accessibility - ~odifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. 4. Infrastructure Improvement - Neighborhood revitalization projects such as Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. 5. Public Services - Projects which meet the following City Council human services goals: }> support basic human needs through funding of emergency services; }> support a strong service delivery system that increases public safety; }> provides support that supplements federal, state, and county programs designed to increase self-sufficiency and independence; and }> support service models that improve community-based collaboration and build strong neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. i:\bggenral\bgstrats.doc F our-Year Strategies Page 3 of 5 STRATEGIES The City of Federal Way adopts the following three strategies to guide funding decisions for the annual Community Development Block Grant allocation. Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. ~ Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the commu!.lity's decision to incorporate. The City will maintain a Housing Rehabilitation Loan and Grant Program to maintain health and safety standards in the homes of low- and moderate- income households and persons with disabilities. ~ Activity 2 According to established service providers, suburban homelessness is increasing. There is a limited supply oftransitional and emergency shelter facilities in South King County to meet this overwhelming need. The City will continue to support local and regional shelter and transitional housing service providers. The City will encourage and support more homelessness prevention services, including youth shelter services. ~ Activity 3 The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families. The City will: . Consider participating in a South King County regional entity to address housing needs. . Assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. . Look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. . Consider funding homeownership programs such as down payment assistance, sweat equity, homebuyer education, community land trust or those that reduce development costs or reduce mortgages. i: \bggenral\bgstrats. doc F our- Year Strategies Page 4 of 5 Strategy #2 Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Fifteen percent (15%) of the annual CDBG allocation will be targeted toward projects categorized under this strategy. ~ Activity 1 The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. ~ Activity 2 The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well-being of youth, elderly, and disabled persons. , ~ Activity 3 The City will consider funding projects which encourage community development activities such as job creation, downtown and neighborhood revitalization, and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. ~ Activity 4 The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Strategy #3 Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. ~ Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. . i: \bggenral\bgstrats, doc Four- Year Strategies Page 5 of 5 ~ Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. ~ Activity 3 The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a çontinuum of care for people. ~ Activity 4 Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available, special planning projects will be considered, i: \bggenral\bgstrats. doc Item SH FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMI'ITEE From: August 7, 2000 David MO~ager ~ Derek Matheson, Assistant to the City Manag~ 2001 Legislative Agenda and Position Paper Date: Via: Item: Baclœround: Attached is the city's draft 2001 Legislative Agenda and Position Paper, as revised by staff to address current issues such as Motor Vehic1e Excise Tax (MVET) permanent replacem~nt, design-build procedures, local court reform, probation liability, and protection of grant funds. Nl revisions are shown in strikeout and underline. Staff is presenting the document to all City Council Committees for feedback and will forward it, along with possible amendments, to the full City Council on September 19. Sections of this document specifically pertaining to the Parks, Recreation, Human Services and Public Safety Committee include Land Use and Community Development (Social and Human Services subsection), Law and Justice, and Public Works, Parks, and Environment. The ten items marked with an asterisk (*) are potential items of emphasis for the legislative session, which can be highlighted in the city's lobbying efforts and in meetings with legislators. Committee Recommendation: Information only, city of Federal Way Legislative Agenda and Position Paper 20001 Legislative Session General Policy The City of Federal Way supports state legislative efforts to establish broad, cost-effective policies for local government structure, financing, and service delivery systems; combined with adequate l1exibitity for localgovemments to adapt their structures. finances. and service delivery systems to unique local conditions. These efforts must be focused on eliminating duplicate services and preserving local control over service delivery. The City also supports legislation wRiGA I that enhances local flexibility to address issues of local concern. The City opposes legislation which mandates increased local costs or which results in an inappropriate diminution of local authority over local affairs. General local Government Home Rule The City of Federal Way strongly supports the adoption of a constitutional home rule amendment whiGR-that would I guarantee decision-making authority for local matters at the local level. The City also urges the legislature to refrain from enacting legislation that adversely impacts the concept of local self-government or restricts the ability of cities and towns to exercise existing power. Mandates All local governments have been impacted by the elimination and reduction of various federal domestic aid programs. Changes at the state level have also affected local government revenue options. Equally important are the growing number of mandates passed from the federal and state governments to local governments; mandateswRiGA-thatar&do I not have accompaniedyjng by additional resources, Delivering public services requires a strong state-local partnership, and local revenue needs must be recognized when new programs are enacted or if the state revenue system is restructured. As directed by Initiative 62 (RCW 43.135.060), Federal Way strongly urges the legislature to cease imposition of additional financial or operating burdens on cities unless such mandates are compelled by 3R o'JerÄdiRIiJ &tate iAteroot I and are accompanied by financial resources to accommodate the costs of compliance. Amended 9/00 Public Records Federal Way firmly supports the right of the public to have access to the records and operations of local government The City supports legislation to define the calculation of cost recovery fees for records retrieval from municipal electronic information systems. Interlocal Aareements Federal Way supports eliminatinQ the requirement that interlocal aQreements be filed with county auditors. Aareements are already recorded with all siQnatorv Qovernments and can be obtained via a public records request Adopted 9/00 Advisory Boards Federal Way supports clarifying the ability of city council-appointed advisory boards to analyze the impacts of ballot propositions and make recommendations to city councils. Although city councils are allowed to take positions on baIot propositions, the advisory boards upon which they frequently rely for analysis and advice appear to be inadvertently preempted from providing analysis and advice in these matters. Adopted 9/99 Finance and Economic Development State Fiscal Policy tlMotor Vehicle Excise Tax Replacement Federal Way OppO6e6 any reduGtioR or redir-eGtioR afthe 6UPpOrts a dedicated fundinQ stream -tied to inflation and pOpulation growth - to offset the loss of Motor Vehicle Excise Tax!!§. (MVET) that resmGls or leeseR6 MV£f 6UppeR fur local pr-ograms ~mle6S equal reveAUe6 that acGommoåate inftatioR are 6ub6tituted. Curren~ MVET .funded programs include sales tax equalization, public health, criminal justice, the MIJAicipai Rooearoo and SeMGe& CaRter (MRSC), and transit and transportation funding for cities. 1 Amended 9/99, 9/00 Electronic Commerce Federal Way supports efføFt6Ieaislation to develop a taxation system for electronic commerce that ensures a level I playing field for electronic and non-electronic businesses. Adopted 9/99 State Tax Roll Back/Expenditure Limitation Efforts Federal Way receives significant support from state-conected, Iocally-shared revenues. As such, the City opposes efføft&-Ieaislation tathat altef'§ state fiscal operations unless they enhance City receivoorevenues. I Sales Tax Non-Remittance Penalties The City supports allocating sales tax non-remittance penalties to all affected jurisdictions using the same proportional allocation system that is used for distribution of regular sales tax collections. Adopted 9/99 Criminal Justice Fundina Allocations Federal Way suPPOrts eliminatina the reQuirement that cities submit a orant application in order to receive General Fund Municipal Criminal Justice Account anocations. The sianificant reduction in the allocation, caused by Initiative 695. has further reduced the cost-benefit of the application process. In addition, the City suPPOrts eliminatina the separate allocation to cities that contract for a majority of their law enforcement. as every citv must fund law enforcement reaardless whether the services are provided in-house or by conuact . Adopted 9/00 Continuation of Grant Programs Federal Way opposes any erosion in its financing sources and strongly encourages the Legislature to maintain Criminal Justice Funding and other grant programs whiGh-that support local program operation, I Local Finance Sales Tax Exemption for Parks and Cultural Arts Facilities Construction Labor costs for the construction of road, sueet, and trails projects are currently exemptfrom state and local option sales taxes, Federal Way supports extending this exemption to all public capital improvement projects. I Amended 9/00 Voted Excess Levy for Capital Improvement Bonds Municipalities should be authorized to seek voter approval for an excess property tax leVy to fund capital facilities projects. The levy could be used for projects on a pay as you go basis or for debt service on bonds. The levy would not be tied to one project, but could be used to realize any of the projects in the adopted facilities plan. The bonds would be unlimited general obligations of the City. Voter approval would be by simple majority. Benefits of this option include the development of a comprehensive community tax policy to deal with its infrastructure needs using a multi-year business plan approach. Voter Registration Maintenance Costs State law presently aUows counties to charge cities to maintain voter registration records. This law, passed in 1987, when the counties took over voter registration from the cities, did not include a sunset provision to eliminate the charge when the transition was complete. Furthermo.re, these charges are not uniform, ranging from $.22 to $1.55 per voter. State law does set a $.30 maximum charge for smaller cities, but does not specify a charge for larger cities, King County conects over $1 million in voter maintenance fees each year, which should more than cover the cost of minor data entry changes. Federal Way supports legislative changes whiGh-to wewlGstandardize this charge I in a manner wRiGR-that accurately reflects the cost of maintaining voter records. Economic Deve/ooment Economic Development Funding Sources and Incéntives Federal Way supports new funding sources for local economic development, accompanied by significant latitude in the use of funds and incentives. -to allew-help cities to meet diverse local economic development needs. I Amended 9/00 Tax Increment Financing Tax increment financing allows cities to pay for the infrastructure costs related to development or redevelopment projects by earmarking the tax revenues attributable to the increase in tax receipts over cùirent receipts in the 2 apportionment district. The tax increment would be dedicated to paying the debt service on the bonds issued. Mar the bonds have been retired, the tax increment would be distributed in the same manner as other non-increment property taxes. The overriding benefit of tax increment financing districts would be to facilitate quality and comprehensive developmen~ and redevelopment of our community, Federal Way thus supports effGft6\eaislation I to amend the state constitution as necessary to accomplish a tax increment financing program. Economic Development Partnerships Federal Way supports government partnerships with the private sector for the purposes of promoting quality governmental services and economic Vitality. Personnel and Labor Relations Civil Service Reform Federal Way supports civil service reform for police officers that allows cities to streamline hiring processes, diversify workforces, and recruit, retain, terminate and reward employees. Police and Fire Arbitration Federal Way supports legislation that would mandate that arbitrators in binding interest arbitration with police and fire personnel te consider the following factors in making an award: a) the citY.s financial ability to meet the costs of the I contract, gMng due consideration and weight to other competing city services and priorities as determined by the City Cou ncil; b) local labor market conditions, c) internal equity with other city employees, and d) efforts by new organizations to move away from traditional methods of compensation in favor of innovative compensation strategies (such as incentive pay). - The City also supports leaislation to amend interest arbitration statutes and mandate final offer arbitratíon, Amended 9/00 Limit Liability for Reference Checks The City supports legislation that would provide local governments with immunity from civil liability for disclosing information about an employee:s job performance during a reference check. I Prevailing Wage The City of Federal Way supports legislation to clarify that maintenance activities performed by contract, like those performed by regular employees, are exempt from prevailing wage requirements. Current law creates a disincentive for the use of contracting by local government entities. Land Use and Community Development Special Purpose Districts rlAssumption of Special Purpose Districts The existence of multiple urban service providers inside urbanized areas is inconsistent with the values of the Growth Management Act, which states that cities are the appropriate providers of urban services in these areas. The City therefore supports continued legislativeon effeFt&-to simplify and clarify the circumstances under which a I city may dissolve and assume the functions of a special purpose district, and opposes any effarts teleaislation that diminishes that authority of cities 8-especiaUy within city Nmits and potential annexation areas. Amended 9/99 Capital Facilities Planning Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and counties. Growth Manaaement Growth Management Act Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool. However, the Act creates challenges for the state, county and cities. To meet these challenges, the Legislature I must continue to monitor the efforts of local agencies, and address any necessary additional refinements to the M in an effective and timely manner. _Such refinements may include clarification of the role and responsibilities of the I state and regional governments in developing policies and capital plans in conformance with locally adopted com prehensive plans, assuring the adequacy of funding sources to provide adequate infrastructure, urban sefVices, housing and employment opportunities within urban growth areas. The Legislature must a~Q act to provide and I maintain sufficient time, technical and financial resources to cities completing 'growth management planning. 3 Amended 9/00 Land Use Decisions and Permitting Federal Way supports legislation that further defines, coordinates, simplifies and slreamines land use decisions and permitting under the GMA as weft as under the State Environmental Poficy Act and the Shorelines Management Act. Such legislation should balance the benefits of statewide uniformity with the need for local communities to govern themselves. rlHouslng Targets/Buildable Lands Federal Way strongly opposes efført6-tøIeaisiation that break,!! GMA twenty-year housing targets into smaller time intervals, i.e.. annual tamets, as well as effartG toleaislation that hold§ cities responsible for housing market performance rather than the content of their comprehensive plans. The City also opposes the imposition of additional reporting requirements under the buildable lands review and evaluation program that are not accompanied by requisite funding. Adopted 9/99, Amended 9/00 Growth Management Hearings Boards Federal Way supports legislation recognizing the need for local flexibifrty in effectively implementing the GMA and requiring Growth Management Hearings Boards to defer to local decisions, poficies and processes implementing the goals of the GMA when these actions are otherwise consistent with the GMA Boundary Review Boards The City supports elimination of Boundary Review Boards. These non-elected boards have bEten rendered obsolete by Potential Annexation Area (PM) planning under the GMA - Shorelines Management Act The City supports continued effeFls legislation to integrate shoreline management planning into local I comprehensive plans and eliminate the requirement for separate shoreline master plans. Separate state-level shoreline use permits should also be eliminated in favor of permits issued by cities in accordance with approved plans. Amended 9/99 rlGMA Impact Fees Federal Way supports continued local authority to collect GMA-based impact fees at the time a subdivision is approved or building permit is issued. Adopted 9/99 Technical Amendments to Comprehensive Plans Federal Way supports legislation authorizing GMA-planning cities to adopt technical amendments to their GMA plans and regulations more than once a year. Annexation Law Federal Way supports current state law regarding annexations. The City also supports retention of city authority to review the impacts of an annexation on the overall operation of the City and to make the final determination regarding acceptance of petitions for annexation. The City supports legislation that would reduce boundary adjustment requirements, clarify franchise relationships between trash and garbage haulers. expedite transfer of property tax from the County to the City, and provide direction for land use and permitting functions in newly annexed areas. Building Code Council Jurisdiction Federal Way supports continued State Building Codes Council jurisdiction over the Uniform Building Code, Plumbing Code, Mechanical Code. Fire Code, and other state codes now under its jurisdiction. Adopted 9/99 Land Use Dispute Resolution Federal Way supports practical solutions to private property disputes that address specific concerns of proper.y owners. including regulatory reform if necessary. These solutions should not alter the Constitutional definition of takings, place an undue financial burden on taxpayers, or diminish local governments: ability to protect the public health, safety and I welfare of their communities. _. 4 Forest Permits The Department of Natural Resources is presenUy authorized to issue Class II and Class III Forest Practice Permits, which allow logging without review by municipal authorities within urbanized areas contain~ within city limits or designated urban growth boundaries. Class IV permits, however, do require municipal authority review. The past practice of issuing these permits has precluded city governments from providing appropriate controls to deal with the erosion and sedimentation in those permitted areas. Ñ3 well, the uncontrolled logging of parcels within an urban area has precluded local government from providing regulations to help ensure that the property properly transitions into appropriate urban development I I Therefore, ~ederal Way supports state legislafive effaFtß 19 on that requir~ that all forest Practice Permits issued within the city limits or within the designated urban growth boundary be subject to the same local government review process now provided in the consideration and issuance of Class IV Forest Practice Permits. Alternatively, cities should be allowed to adopt and enforce land clearing, significant tree protection and related issues for Class II and III forest permits. Social and Human Services Support for Human Services Federal Way supports legislative action that will maintain support for human service programs induding thosewRiGR-that I may be delegated to the state from the Federal Government Such legislative action should ensure appropriate local government input into development of block grant dispersal regulations or procedures and into development of any new processes to assist or support low-income, high-need populations. Affordable Housing Federal Way supports effGRsIeQislation to identify a dedicated funding source for affordable housing. wRiGR-that is I acceptable to developers, realtors, and state and local government - Collaboration with School Districts Federal Way supports effort& by the &tate toleoislation that provide§ incentives to cities and school districts to work I collaboratively in addressing local youth issues. Such collaboration should go beyond historical roles of each local agency. Local Public Health Contractual Funding Federal Way opposes e1feft6Ieoislation tø-that reestablish~ contractual funding arrangements for public health I services. Boards of Public Health Federal Way supports local government representation on County boards of public health. Youth Issues Funding of Youth Programs Federal Way supports legislation improving funding to local governments for initiating and expanding youth services, especially programs that achieve reductions in youth violence. Child Care Federal Way supports budget provisions to enhance the Department of Social and Health Services: (DSHS) abity I to enforce its day care licensing requirements, to improve support services for daycare providers, and to ensure the accessibility to child care for all citizens. In addition, the City will carefully monitor legislation clarifying its role in regulating the siting and operation of daycare facilities, Child Abuse Federal Way supports funding for programs designed to prevent child abuse/neglect. l8w and Justice Fundino Issues Drug Seizure Funds Federal Way supports effØFŒ tølegislation that enhance§. the ease with which cities can apply for and receive drug I seizure funds and particularly supports the expansion of the definition of what those funds can be expended upon to indude all law enforcement functions. 5 DUI Laws and Cost Recovery The City supports continued legislation to strengthen DUllaws. includina leaislation to make a third DUI offense a felony. Federal Way also supports legislation to allow recovery of necessary public expenses, including detention costs, which result from incidents involving impair-ed dFMRfJDUI convictions. Amended 9/00 Costs of Incarceration Federal Way supports legislation that would do æN3Y 'Nitheliminate the current limit of $50 per day that can be I assessed as jail costs against a person convicted of a misdemeanor~. The~' '....auld suppaR legislatieR that'llould and instead allow ~ city to impose a calculated amount representing ~ city's actual costs of incarcerating the individual. High Crime law Enfal'Gement Gl'3nk Fegeral Way supports GhaRging the &tate-~s GFÍteÄa fer aYJardiAg High CÄme Uw: EnforcemeAt Grants. Current grant praGtiG9& provide year to year gr-ant funding to citi9& that have 125% af the &tate average far eight specific GÄm9&, but immediately terminate funding onae the aÄme level dmps below the 12~eshold. This praGtiGe areates a gisiAGentive fer inRovati..'e poliaiAg aAg punishes suaa96wl paliae departments. FlIRgiAg deGisions shellig i"steag be baseg upeR a Gity-:s f)eliciAg strategi96 and its aÄme rate aver a laAger peÄad af time, SlIGh as fi'fe yeaF6. District and Municioal Courts (*) local Court Reform - Federal Way suPPOrts efforts to achieve creater efficiencies in the state's court systems. However. the City opposes a) any new unfunded responsibilities, b) eliminatina local authorilv to operate municipal courts, or c) eliminatina or reducina city oversicht of municipal court budcets and personnel. Adopted 9/00 District Court Judges Federal Way supports legislation allowing counties to determine the appropriate number of district court judges within their jurisdictions. Adopted 9/99 Municipal Court Judges The City opposes legislation that would mandate the election of municipal court judges who work less than thirty- five hours per week. The City also opposes differentiation between full-time and part-time municipal judges in any legislation that implements partial or total state funding of municipal judicial salaries. Adopted 9/99 Municipal Court Commissioners Federal Way supports legislation clarifying that municipal court commissioners have the full authority of municipal court judges, and that state staMes referencing the authority of district court commissioners also referto municipal court commissioners. Adopted 9/99 Municipal Court Sessions The City supports leaislation that would clarify a municipal court may hold sessions outside of the city limits, Adopted 9/00 Court Revenues Federal Way opposes any effort to increase the percentage of district and municipal court revenues that must be remitted to the state. Adopted 9/99 Probation lIability Federal Way supports leaislation that reduces local liability in operatina misdemeanor probation or pre-trial release proarams. Adopted 9/00 _. 6 Gamblino. Uauor Control. and Adult Entertainment ð..Gambling EstablishmenkFacilitv Zoning I The City supports giYiAfH~islation confirmina local government&-tRe authority to regulate the siting of gambling establishments and enact moratoriums on the acceptance of applications for gambling establishments. The City also supports legislation anowing the state Gambling Commission to limit the number of licenses it approves for a given geographic area. Adopted 9/99 Card Room and Liquor Licenses Application Processes I Federal Way strongly supports any effoFls toleaislation that make§ the commercial ¡quor icense and hou~nked card room license application processes mOre accessible to the public. A public hearing process would improve access by the community and would encourage greater input and comment from all interested parties. In addition, license applications should be made available for public inspection and subsequent written comment at the local government level. Amended 9/99 Liquor Control Board Review and Restructuring The state should conduct a performance evaluation and/QLaudit of the liquor control board as it relates to its mission of regulating liquor for the sake of our &tate-:sstate's communities. The Legislature should restructure/reaffirm Uquor Control Board as mandated by the evaluation and/or audit. Adult Entertainment The City supports model ordinance legislation for adult entertainment consistent with the provisions of Federal Way-:sWay's adult entertainment ordinance which have been sustained through numerous court appeals. I Adult Retail Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult retail establishments on their communities by adopting strict requirements for' location and hours of operation. Secondary impacts have been documented by a number of studies and include increased criminal value, diminished neighborhood character, and downward pressure on property values. Law Enforcement Issues Local Law Enforcement Authority Federal Way opposes legislation and/or other efforts to remove the authority of municipalities to provide local law enforcement services, including special services, regardless of the potential for service contracting. The City also opposes actions or legislation wRiGRthat would transfer incarceration responsibilities from the state or county to I municipalities without additional funding. Police OffICer Jurisdiction Federal Way supports effeRsIeaisiation to allow ponce officers to enforce the state:s laws anywhere in the state. This I would reduce the liability for cities with officers who assist with incidents outside the citY.s borders. As it stands now, jurisdictions must exchange letters giving consent to officers to enforce law outside of their jurisdictions. Amended 9/99 Public Safety Personnel Privacy Federal Way supports efføRs/eaisiation to protect the identities of public safety personnel by eliminating public I disclosure requirements for names and addresses, allowing private entities such as crecflt agencies to withhold names and addresses without prior consent of the individual, and allowing such individuals to register personal vehicles at their places of employment Adopted 9/99 Radar Testimony Federal Way supports legislation aUowing for the admission in court of the readings of speed measuring devices without the need for additional expert testimony if the dðVlce satisfies specific requirements established by the Legislature. Federal Way would also support alternative legislation wRieRthat would aIowthe City to impose the cost I of witness fees in cases where the infraction is found to have been committed. Adopted 9/99 Juvenile Issues Parental Accountability - Federal Way supports legislation wRiÐRthat makes parents more accountablè for their juvenile offender children. I 7 Disposition Standards for Juvenile Offenders Federal Way supports legislation revising the currentjuvenHe disposition standards to provide sCronger sanctions for chronic, misdemeanor behavior for juvenße offenders and to permit the court greater discretion to impose detenion or some form of secure treatment in cases of juvenile offenders who have prior criminal history. Emergency Communications Federal Way opposes the creation of aan E-311 non-emergency communications system. Rather, efforts sho¡jd be I made to further educate the community about the use of the existing E-911 system and existing 7 -digit non-emergeocy lines. Empty Chair Defense Federal Way supports legislative action related to tort reform to clarify that the defendant should not be required to mandatorily join all potentia' "at fault" entities into litigation, or have to risk losing the ability to apportion fault to the Ulird party(s). Any move to the contrary would inappropriately shift the burden of proof from the plaintiff to the defendant in proving fault. Public Works, Parks. and Environment TransDortation Issues tl Transportation Funding Reform Federal Way supports continued reform of state funding for transportation to include a broad rarTge of funcing solutions able to address traffic congestion, growth and High Capacity Transit alternatives. Such reform should seek funding sources, which will be dedicated to major local transportation projects, keep up with inflation. and provide ~es with local option revenue authority for the expansion, maintenance and operation of local I transportation systems. C*) Deslon-Build Authority Federal Way suPPOrts reauthorization of the desicn-build and ceneral contractor / construction manacer (GC,CM) procedures for major caDitaI projects. and suPPOrts reducinc the population and project value thresholds to 50,000 and $5 million, resoectivelv. Adopted 9/00 Public Works Project Definition The City supports defining small public works projects as those costing less than $100,000 and exempting such projects from the state:s Public Works Projects definition. The current definition of small public works projects is I easily confused and is applied inconsistently across different local jurisdictions. Public Works Trust Fund The Public Works Trust Fund (PWTF) benefits many local governments with dependable, long term funding for repair and reconstruction of local public works systems. The legislature is now required to approve an annual 1st of projects, but has never deleted a project recommended by the Public Works Board. Federal Way supports continued allocation of funds to the PWTF and supports elimination of the legislative approval requirement I Expediting the approval process would facilitate the construction of these projects by the summer construction season. Federal Way opposes attempts to divert PWTF funds and other local caDital fundina sources to ororects not selected throuch the competitive apolication process. Amended 9/99.9/00 tlBlddlng Procedures and limits Federal Way supports continued effÐR6Ieoislation to streamfine state laws and regulations governing the bidding process, giving cities greater flexibility in bidding procedures and limits, This could include ~rther inaæses !!:Lthe ceiling for small works roster projects from ~600,OOO to $1,000,000 to reduce the costly bid process. Amended 9/00 Transportation Improvement Plan Federal Way encourages effÐR6Ieoislation to secure state support for City priority transportation projects as 0tdnecI in the Cit:Y:s 200Gl-200ð§ Transportation Improvement Plan. Amended 9/99.9/00 Water Resources -- tlSalmon Issues 8 State initiatives related to salmoR habitats Endaneered SDeCies Act (ESA) imDlementation should 90RtaiR 109al oompgnenŒ that recognize the vast diversity of conditions across the state. In addition, aAD state Initiatives and processes related to salmon should include meaningful input from local government ESA is essentially an unfunded mandate. As such. the federal and state eovemments should provide fundine for local governments to meet its reQuirements. Amended 9/00 Water Resource Management Addressing water resource management issues will require increased intergovernmental coordination among local and regional governments and the state. Federal Way supports continued state financial assistance for water supply, wastewater management, groundwater protection, and storm and surface water facilities and programs. These programs are especially important in complying with state and federal water quality standards (NPDES, National Pollution Discharge Elimination System), The City also supports retention of the authority of local water districts to manage their assets, participating in regional planning as appropriate, to provide and protect for the current and future water needs of their customers, Flood Damage Reduction Federal Way contains a number of flood prone areas, both developed and undeveloped which require specialized planning. Recent proposed flood damage reduction legislation was flawed, partially due to the fact that is was based on an overall floodway approach, which does not consider aU flood prone areas in the state. The City supports comprehensive flood damage prevention planning accomplished at the local level as a partnership among impacted cities, the county, state and affected area interests. Each flood prone area is unique and should be planned for accordingly. Locally developed and adopted flood damage protection plans must seek to establish a balance between the need for appropriately designed growth and the need to reduce further flood damage. Parks and Open Space Federal Way encourages effoftsIeaisiation to secure state support for parks and open space projects as outlined in local I plans. This support should indude legislation to exempt public park and public cultural arts facility construction from state and local option sales taxes. ' Amended 9/99 ,- Funding of county-wide recycling programs Federal Way opposes leaislative and other efforts to fund SOUAty 'Ni(;jecountvwide solid waste by allowing counties to I collect a fee directly from customers of city franchisers. Cities are the appropriate collectors of these fees through city-negotiated solid waste franchise agreements. Enerav and Telecommunications Telecom m u n ications Federal Way continues to strongly oppose legislation wffiGh-that would preempt local authority over such items as pole attachments, cellular tower siting, cable refranchising, and telecommunications charges-. Fodoral Way &UPports continued LegiGIative efforts to protect the Fight of !osa! governments to negotiate right of way agreements anå exerGiGe other sontrola on tRe operation oftelesommunioalÏoA ÐI;I&in066 in tho publis Äghts 9f\~'.The city suPPOrts legislation to grant local governments the right to charge a franchise fee and other fees to wireless providers seeking to locate facilities in rights-of-way. Amended 9/99. 9/00 Utility Facility Relocation Federal Way supports efforts to affirm the maintaining the OOty-ofreQuirement that private utilities to inslude ÐeaFiASJ negotiate right-of-way agreements, bear the cost of relocating their facilities within city rights-of-waywRoo requee;ted by a GÏty, and submit to other city controls on the operation of telecommunications businesses in public riahts-of-wav.. Amended 9/00 Electric Industry Regulation Federal Way supports energy utility regulation based on the following principles: a) Local governments should retain the authority to manage industry facilities within the public right of way and the authority to tax the utility providers, b) Electricity service should be available to customers at prices that are reasonable and affordable, c) A non-economic bypass and the inappropriate shifting of costs of the electric system between or among customers do not constitute fair and efficient competition. Customers of continuing monopoly service should benefit, at least, not be harmed, from choices made by customers with access to competitive options, d) The long-term safety, integrity, reliability and quafrty of the bulk electric system and retail electricity service should not be jeopardized, e) Consumers should be afforded a broad range of choice in electricity service and pricing options, f) Development of competitive electricity markets should 9 not undermine environmental protection, energy efficiency, resource diversity and technological innovation, and g) the public should maintain a voice In the indusUY-s regulatory process and the interests of customers should continue to be I balanced with the opportunity for shareholders to earn fair returns. Tax Collections by Out-of-State Providers State law should require out-of-state electricity providers to collect state and local utility taxes on services provided to customers within the State of Washington. . '. _. 10