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PRHSPSC PKT 12-08-2003 HUMAN SERVICES & I>UBLIC SAFETY COMMITTEE A. Youth Commission Update B. 2004 Arts Commission Contract for Services Program C. Community Center 2% for Art Opportunities D. Third Amendment to the SeaTac Mall Police Services Agreement E. Catholic Community Services After-Hours Voucher/ Emergency Assistance Programs F. Cooperative Agreement Among City of Federal Way, King County and the Commencement Bay Natural Resource Trustees . 1. 2. CALL TO ORDER PUBLIC FORUM 3. 4. COMMISSION COMMENTS APPROVAL OF NOVEMBER 10, 2003 SUMMARY COMMITTEE BUSINESS 5. 6. PENDING ITEMS . Community Center . Hylebos State Park Transfer 7. 8. NEXT MEETING - January 12,2004 AD J 0 URNMENT City Hall Mt. Baker Conference Room Presentation Moe Action Faber Action Faber Action Kirkpatrick Action Allen- Mpyisi Action Schroder Committee Members: Linda Kochmar, Chair Mary Gates Jack Dovey Staff: Jennifer Schroder, Director Mary Jaenicke, Administrative Assistant 661-4041 City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, November 10,2003 4:00 p.m. SUMMARY In attendance: Council Committee members Chair Linda Kochmar, Jack Dovey, Mary Gates, Dean McColgan Staff: Derek Matheson, Assistant City Manager, Karen Jorgenson, Assistant City Attorney, Recreation and Cultural Services, Anne Kirkpatrick, Director Public Safety, Kathy McClung, Director Community Development. Kelli O'Donnell, Human Services, Angelina Allen-Mpyisi, Human Services Manager, Mary Faber, Recreation and Cultural Services Superintendent, B Sanders Park Planning and Development Coordinator, Aaron Moe, Senior Services Coordinator, Mary Jaenicke, Administrative Assistant. Guests: Bill Foulkes, Parks Commission, Richard Bye Human Services Commission, Al Church, Federal Way Fire Department, Bobby Lea-Worthington, Todd Williams, Scott Williams, Phyllis Williams Chair Kochmar called the meeting to order at 4:00 p.rn. PUBLIC FORUM Al Church, Federal Way Fire Department: Distributed the Third quarter Incident Report Statistics report. There has been an 8.35% increase in calls. The report provided details on the types of emergency responses that are occurring in Federal Way. The majority of the responses are for emergency medical aid. Church stated that he would be distributing these reports on a quarterly basis. COMMISSION COMMENT None APPROY AL OF SUMMARY Council members Dovey and Gates motioned to approve the October meeting minutes as written. Motion passed. BUSINESS ITEMS 2003-2004 Youth Commission Work Plan Moe presented the 2003-2004 Youth Commission Work Plan. Kochmar asked for clarification on the Non-Profit Organization Committee. Moe stated that the Youth Commission members feel that there are non-profit organizations in Federal Way that support teens and youth, and they feel it is important to have a sub-committee that is aware of these organizations and assist where they can. Dovey moved to recommend to Council a "do pass" to accept the 2003-2004 Youth Commission Work Plån and place before Council on November 18, 2003. Gates seconded. Motion passed. State Grant Acceptance for West Hvlebos Boardwalk Replacèment Sanders stated that when the City negotiated with the state to accept the West Hylebos State Park as a property, we asked for funds to help replace the boardwalk. The grant provides full funding for the project, no additional funds are required. Dovey asked if this work will be done internally or will the city go out to bid. Sanders stated that staff has been researching different types of surfaces. She stated it might be something that can be done in house, or with volunteers. Gates asked that staff also consider recycled tire material. This would last longer than wood, but would look natural. Staff was asked to report back to committee with options for boardwalk material. Gates moved to recommend a do pass to place this item on the November 18 council agenda, authorizing the City Manager to execute the State of Washington Department of Community, Trade and Economic Development Grant in the amount of $250,000 for the repair/replacement of the boardwalk in the West Hylebos State Park. Dovey seconded. Motion passed. State Grant Acceptance for Historical Cabins Project Sanders reported that the City will receive a $106,000 grant from the State of Washington Department of Community, Trade and Economic Development for the Historical Cabins project. The funds will be used for the parking lot and the restroom. Dovey moved to recommend a do pass to place this item on the November 18 council agenda, authorizing the City Manager to execute the State of Washington Department of Community, =c===~=~~REtRE:Ä'FffJI'f,~fJM7t~R'neES=-:-:=-.-CC -. _c_- -cc .-- & PUBLIC SAFETY COUNCIL COMMITTEE Monday, November 10, 2003 Summary Page 2 - -----.c.---u _n- -.c__c_-- u_-.-. - U - -.-n-.- -- . c -- Trade and Economic Development Grant in the amount of $106,000 for the Historical Cabins Project. Gates seconded. Motion passed. Dovey requested that a thank you letter be sent to the State Representatives for their assistance in helping the City receive these grants. The letter should be signed by Mayor Burbidge. First Amendment to Interlocal A!!reement with Benton County for Jail Services ChiefKirkpatríck stated that this is a request to extend the contract with BentonCounty for a five-year extension. The contract extension will allow for housing of inmates until December 31, 2006. Dovey moved to approve the - First Amendment to the Benton County Jail Services Interlocal Agreement and forward to full Council for consideration at the November 18,2003 Council Meeting. Second Amendment to the Contract with the Federal Way School District for School Resource Officers Durin!! the 2003-2004 School Year Kirkpatrick stated that this is an amendment to the existing contTact that we currently have with the Federal Way School District. A sixth SRO has been added, operational issues have been clarified, and an annual rate of compensation has been added to the contract. Gates moved to authorize the City Manager to enter into a second Amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers and for the November 18 Council Meeting. Dovey seconded. Motion passed. Second Addendum to Lease Police Department Buildin!! C Chief Kirkpatrick stated that this is an amendment to an existing lease requesting to extend the lease for an additional five years. The purpose of extending this lease is for the portion of the building that stores their evidence. Kirkpatrick stated that the department intends to keep their evidence stored on location in Building C. There was a great deal of expense associated with getting the infrastructure of the warehouse to meet security standards. The expense of moving the evidence room does not make it practical. Gates asked if a buy verses lease has been discussed. Jorgenson stated she would follow-up with Pat regarding this. Dovey stated that part of the evaluation of purchasing the new City Hall was to eliminate leases. Dovey asked why this issue is being brought to Council Committee now, instead of a year ago, when everything was being reviewed. Dovey questioned the fact that there is 11,000 square feet at the new building that is not being used. Is it feasible to move the evidence room without the cars to the new building? Kirkpatrick stated that this is definitely something that they could look at. Matheson stated that without the vehicles it would be possible to put the evidence room into the new building, but this would leave very little space for future expansion. Dovey stated that Council needed to have that option to make that decision. Matheson was directed to provide information and options on where to place the evidence room at the study session scheduled for November 17. Dovey moved to approve the Second Addendum to Lease, to discuss authorization to execute and forward to Full Council for consideration at the December 2, 2003 Council meeting with no recommendation. An Ordinance Amendin!! Chapter 15 of the Federal Way City Code As It Relates to the Impound of Vehicles Jorgenson reported that there have been changes in recent law concerning impounding vehicles. This ordinance amendment gives the court discretion of when the vehicles are released. Dovey moved to approve the amendment to Chapter 15, Article VIII of the FWCC, and forward to full Council for first reading at the November 18, 2003 Council meeting. Gates seconded. Motion passed. - Interlocal Cooperation A!!reement for the Rel!:ional Affordable Housinl!: Prol!:ram (RAHP) O'Donnell stated that this agreement is the result of State Legislation that created funds for affordable housing, building, and operations and maintenance. A $10 recording fee was,added to real property transactions in the state of Washington. This is the amount that will go to the state for operating costs oflow-income housing. Each county is required to enter into an Interlocal agreement with the cities in the county for distribution of the funds consistent with countywide and local housing needs and policies. Auditors in each county collect HB 2060 funds with 5% of the proceeds deducted for administration. Counties in the state retain 60% of the remaining funds for low-income housing. The remaining funds are utilized by the State to support building operations and maintenance costs of extremely low-income housing projects. The top priorities for the region is for Capital Funds fqr the acquisition and rehabilitation of and or new construction of eligible housing projects, building operation and maintenance for transitional housing, emergency shelter, rescue assistance outreach. The funding that the City will receive is $220,000 per year through 2006. Dovey moved to recommend that the City Council Authorize the City Manager to execute the Interlocal Cooperation Agreement for the new Regional Affordable Housing PARKS,. RE€-RßkTlO N, IIBMAN-SERVIeES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, November 10,2003 Summary Page 3 --- Program ("RAHP") and Guidelines, in accordance with 2002 Washington Laws Chapter 294 (Substitute House BiIl2060) and to place this item before the full Council on November 18, 2003, for approval. Gates seconded. Motion passed. Gates suggested that the Human Services Department consider implementing the ARCH program. Kachmar requested that 0 'Donnell report back to the committee on how the funds are being distributed. Mid-Biennium Review of 2003-04 Human Services Contract Allen-Mpyisi reported that the mid-biennium review is to look at two items. The first item is for the commission to recommend approval of the agencies that receive funding in 2003-2004, to continue to receive that funding. Based on the commissions review of various agencies, it has been determined that 35 of the human services funded programs have met their performance goals. The commission is recommending that those agencies continue to receive funding in 2004. Human Services is also recommending that the Auburn Youth Resources (A YR) contract be terminated for 2003-2004 based on diminished performance. The commission is allowing A YR the opportunity to amend their original application and submit it back to the Commission so they can be reconsidered. If the applications approved, they would be awarded their 2004 allocation award of $ 11,690. Human Services Commissioner Bye stated that the commission is recommending termination of 2003-2004 funding for A YR. Gates stated she feels that there is a need for this type of center, but that it is better to tear it down, and rebuild instead of trying to fix the problem. McClung stated that the problems with A YR has raised the issue of needing to have polices in place for when agencies are not performing as needed. If Auburn Youth Resources does not reapply, there is a contingency plan in place to reallocate those funds. Commissioner Bye stated that A YR has been given a deadline for reapplying. The second item is to review the mid-biennium one time funding plan. The Human Services Commission has decided to use their original contingency plan that was submitted in the 2003-2004 recommendation. The original funding recommendation of $445,838.00 includes phases one and two. Phase three is based on priority order with a funding base of$14,000. Dovey moved to approve the Human Services Commission's recommendation to maintain the 2004 allocation levels for 36 Human Services funded projects, with the exception that Auburn Youth Resources (AYR) will only receive a 2004 award of $11,690, contingent upon Commission/Council approval of an amended application from the agency. The Mid-Biennium 2004- allocation item is to be forwarded on to full City Council for their review on November 18, 2003 and the Commission/Council approval of an amended A YR application will be forwarded as a separate action item for the Council Committee's review at a future meeting. Gates seconded. Motion passed. ANNOUNCEMENTS McClung reported that Allen-Mpyisi invited block grant human services agencies to attend a brown bag lunch. Thirty people attended. Information was shared. It was very informative. Due to the success, this will be offered on a quarterly b~sis. NEXT MEETING December 8, 2003,4:00 p.rn. in the Mt. Baker Conference Room ADJOURNMENT - Meeting adjourned at 5: 15p.rn. "._---_C~-" -- 5.B "--"..~ CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: December 1, 2003 ? PRHSPS Council Committee ~" 1/ ' Mary Faber, Recre tio.n an. d Cultural S'. ice{Superintendent David Mos I anager . 2004 Arts Con nissiol1 Contract for Services Program Back2round: The Cultural Arts Contract for Services Program is a program of the Arts Commission that funds local arts agencies who offer cultural programs within the community. The City serves as a partner rather than a producer of arts programming which allows the City to provide cultural services at a very reduced cost. Local arts agencies complete an application; the Commission reviews the applications, interviews each agency and develops funding recommendations. The 2004 Arts Commission budget allocated $27,700 or the Contract for Services Program. The Arts Commission has developed a recommendation based on the allocated funding. Organization Recommended Funding , ~~!~ ~~I),£~~~~£~L______- ------ c --------------- ----- --- _c-----I--- ------- ------- ~:~?Q-_c_---------- --- F ed e ra L~y~yÇ~~~,! !~-"---- ------------- ---------------- - - --- ------L--- ------- -- --},?QQ -- -_c_------ ~~~~~~~x~~ s t i ~~!P ~ Y~___m_- -______mm_- -- --------------_c- ------L- - --------_____}1QQQ- - -- -- - ------- ~E "ters~g~I~~atr~_~_~_~ç~-~~-~~~~!~EL_"____"-"""-"-"_." mc__."_---+._--"."""--- . "-_...."- ." "". "". ..~.1QQQ_"""."." F_C ¡j~!!lL\Y"¡¡L §):1Y}p h _9!! X- m._. - -.. ""._". - ."."" ..m._._._..-.. "....._mm_."""_".-"-...--.--'."---.-""-......-."...... ._---"".. "-_.__?,?'5_Q_"__"-"""-" " """" "-""----"-""-"""--- ~ et 9!L~s C]! 0 rlJ~__"_"---------______m_"____.____m______._----¡c_--c_m___________L_Q2<L___---------" ~_arm ~y~~S_----------- ----- ------- --- m- - --- - _c_- -- 1------------ ____?9 9______-------- ~~deral. W a~oal i!!~~<:Jf!~~l'~~~J:!1il),g Ar!~____---------"-----l---------------j-QQ--_._------------- ~w ' m~oo Committee Recommendation: Motion to recommend to Council a "do pass" to approve the recommended funding for the 2004 Contract for Services Program and place before Council on January 6,2004. APl>ltOV AL.QF COMMITTEE REPORT: Committee Chair Committee Member Committee Member û-\ ------ 5 ~C- . CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: December 1, 2003 ~ PRHSPS Council Committee . I . Mary Faber, Recreatio~ and Cnltural {k. ¡ s Superintendent David Mos~ Manager 71 CommunitY ~~t~rì% for ArtOpportunities Background In October 2003 the Art Commission began the process of identifying public art opportunities for the 2% for art funds generated for the new Community Center. The Art Commission has conducted a series of three workshops to develop the conceptual framework and to determine and prioritize art opportunities. The process involved participation and feedback from representatives of the project team and was facilitated by a public art consultant from the Cultural Development Authority of King County. The Arts Commission approved the following recommendation for Council review at their November 6th meeting. I. CONCEPTAL FRAME WORK The underlying concepts and thematic direction described here will inform the artwork commissioned for the Community Center. The Federal Way Art Commission's goal is to integrate art into the Community Center that expresses the spirit of Federal Way. The artwork should enhance and inspire pride and a sense of ownership for the citizens of Federal Way. The artwork should welcome thè people who come to participate in the centers many activities. The art will emphasize this place as the heart and hearth of the community. Themes and Concepts The heart ofFederaJ Way A place for all ages and abilities to rejuvenate and energize A gathering place, a hearth that is welcoming, friendly and comfortable A natural setting that reflects the character of the northwest II. ART OPPORTUNITIES The extent of the public artwork that will be created for any of the opportunities outlined below will be based on schedule, funding and resource allocation. Typically integrated artwork is a marriage of art enhancement money coupled with a base construction budget. The sites and opportunities described reflect the Art Commission's itemized priority for allocating the budgeted 2% for art funds for the Community Center. The Arts Commission supports featuring artwork in the most visible public locations. 1 L--\ ._m_.____c--- ---.- --..---.. -- ... ....c_-....- -. .... ---_..- -----_cc...- .-------... 1. Entrance Lobby / Community Wing Described as the axis or "hearth" of the facility, a spacious path through the main entrance and lobby to a view of the woods at the east end and the hallway and gallery area toward the banquet and patio facility. This is where all who enter are first - exposed to the interior space. Elements include the reception area where guests and members make inquiries and find navigation and schedule information and a large glass wall looking into the swimming area with seating for small gatherings and waiting. Guests will be able to see through to the natural wooded area and sit in comfortable seating near a grand fireplace. The Community Wing consists of a hallway terminating at a gallery under a high ceiling skylight leading guests to the banquet hall and patio terrace. 2. Exterior Entrance This art zone includes the pedestrian path through the parking lot and drop off to the main entrance. This site has both the opportunity for pedestrian interest providing intimate detail as well as the drive by experience. A pedestrian path leads guests through the parking lot, across the drop off drive and up to the main entrance. This art opportunity includes the retaining wall running from the northwest edge of the property curving to the southeast edge of property below the roadbed of333rd. This site should be attractive arid inviting during the day and be activated by light for nighttime use and public safety concerns. This exterior zone is appropriate for consideration of a water feature; however, a water feature will require additional design consulting fees and dedicated resources from the construction budget. A water feature will also require additional public art consulting fees and a larger portion of the art budget dedicated to the water feature resulting in less funds for additional artworks. The City should also consider the long-term maintenance costs associated with water feature elements. III. ARTIST SELECTION A lead artist will be selected through and open competitive process to begin collaborating with architects and project management. In order to successfully integrate the art and maximize project resources, the artist needs to be under contract by February 2004. The selected artist will be expected to work collaboratively with the design team, to develop an overall concept and design for the Community Center art zones described above. 2 (-2- --~--- - - n_"'" - ---~--~_. _nu____.------. - ..-_. - .. . ..~_cc_.~~-~~~ ._c_----.-----------"--'. .-. -.. _n- -.- IV. ART BUDGET Description Option I-Entrance Option 2- Exterior : Lobby/Community Wing Entrance Public Art Consultant $ 27,000 $ 37,000 Public Art Maintenance Fund $ 13,500 $ 13,500 Lead Artist/Team Design & $140,000 . $140,000 Artwork * Artist Made Building Parts $ 69,500 $ 26,000 Artwork * Project Contingency $ 20,000 $ 20,000 Construction Infrastructure- N/A $ 21,000 Electrical Plumbing Architect and Engineering N/A $ 4,000 Pump and Fountain Equipment N/A $ 8,500 Total $270,000 $270,000 *Lead Artist/Team: . An artist/team will develop a major artwork element with the 2% for Art budget and construction credits and assist the outlining opportunities for Artist Made Building Parts (AMPB) with the design team. * Artist Made Building Parts: An artist/s will work with design team to fabricate artist made building parts such as light fixtures railings, benches, etc. Project funding is through the 2% for Art Fund and utilization of construction credits. Committee Recommendation: Motion to recommend to Council a "do pass" to accept the items listed below and place these items before Council on December 16, 2003: 1). Approve the estimated project budget of$270,000.00. 2). Authorize staff to develop an artist prospectus for the Lead Artist element for a estimated project budget of $140,000 in the Entrance Lobby/Community Wing. 3). Authorize staffto identify an invitation for artist submittals for the Artist Made Building Parts element for a project budget of$69,500. b:::: ::-~::,:~(~~_:~rl~E :::::::i:~~II:~ . :.~'~..~on:'cc.~c~~ b:r~ -~ ~~. ~":: J i:/artscom/counilnfo/2003/commcenter2%forArtOpps. 11.03 3 &3 . e -.-.e.. ._ee_.e.. .----. - -- .-.--..-.---_e_- ~5e ..D_~_- -'C'--C~-=--- _._-~~~- City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMANSERVICES, AND PUBLIC SAFETY To: Parks, Recreation, Human Services & Public Safety Council Committee From: Anne Kirkpatrick, Chief of Police David M~ager December 1, 2003 (}f-f. Via: Date: Subject: Third Amendment to the SeaTac Mall Police Services Agreement Back2:round: The City of Federal Way and the SeaTac Mall have entered into an Interlocal Agreement for Police Services. The original agreement was effective November 29, 1996; the First Amendment November 29, 1997; the Second Amendment January 1, 2000; and now the Third Amendment to the SeaTac Mall Police Services Agreement is proposed to extend the Mall's desire to continue the contract with the City to provide police servIces. The Mall shall pay to the City compensation in the following years: A. Year 2003: An amount not to exceed Five Thousand Three Hundred and Seventy-nine Dollars and no/l 00 per month. B. Year 2004: An amount not to exceed Six Thousand Five Hundred and Fifty-two Dollars and 41/100 per month. Committee Recommendation: Motion to approve the authorization for the City Manager to enter into the Third Amendment to the SeaTac Mall Police Services Agreement, and forward this amendment to City Council for approval at the December 16, 2003 City Council Meeting. Committee Ch~,ir Committee Member Committee Member I/Projects/EVOC Trailer purchase \)-\ , .- ~. . !Y -~~~--~~~~- .-~ -~ ---~-~:--e.=-==- ----- .n.- .---.--- THIRD AMENDMENT TO THE SEATAC MALL POLICE SERVICES AGREEMENT This Third Amendment ("Amendment") is dated effective this _day of July, 2003, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), < and Steadfast Companies, a California corporation ("Mall") which is the owner ofthe SeaTac Mall ("Property"). A. The City and the Mall, under the ownership of Sea- Tac Mall Associates, entered into an Agreement for SeaTac Police Services dated effective November 29, 1996, as amended by First Amendment dated effèctive November 29.1997, and by Second Amendment dated effective January 1,2000, whereby the City agreed to provide police services for the Property ("Agreement"). B. The Mall desires to continue the contract with the City for police services. c. The City and the Mall desire to amend the Agreement to continue the Services described in Section 1 ofthe Agreement, by increasing the compensation to address the increasing labor costs. NOW, THEREFORE, the parties agree to the following terms and conditions: Services. 1. Exhibit "A" Scope of Services, Section 1 is amended as follows: 1. - The City will provide to the SeaTac Mall two (2) full time, experienced police officers ("Contact Officers" to provide security for the Property, its businesses, tenants and customers and its premises. These officers will work in conjunction with private security or other police agency representatives employed by the Mall or any of its stores or tenants. Officer coverage (number of shifts worked) may be reduced based on the level of compensation provided to the City (less than 50% cost~"9f officers); - 1 - \2)-L-. ~ <... .. ..- 2. Full Force and Effect. All other tenns and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 ATTEST: APPROVED AS TO FORM: City Clerk, N. Christine Green, CMC Patricia A. Richardson, City Attorney STEADFAST COMPANIES By: (fI.~~/ GJJr ~fllL^"'" '7 (Naìne) Its: . P/l.~'¡ lðø.f" (Tj!~ ~ FA J r Cþr.. ¡ltd1\ c.,..,., ,.",...r ~ 2." V II .rw I'A. nr .rrll4'1::7- - ;V, rr 2-1>0 (Address) ~#WUA-r ",.'" (~f ~¿f fC(9/ art,.. ð?ðD (phone) 9""0 K: \Sea tac \Mall\3 rdamend D-3 - 2 - 5.E CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: November 26, 2003 ~ Angelina Allen~pyisi, Human Services Manager David Moseley, City Man~ Catholic Community ServiceSI'Äitèr-Hours Voucher/Emergency Assistance Pqrn~ . Background At your December 2, 2003 meeting, the Committee wll take action on the Commission's recommendation regarding Catholic Community Services After-Hours Voucher and Emergency Assistance Programs. I 'Nill be at the meeting to present the recommendation and respond to your questions. After-Hours and Emergency Assistance Programs Catholic Community Services (CCS) was awarded two $5,000 grants for its After-Hours and Emergency Assistance Programs. In November, CCS requested an amendment to the Human Services Commission, to allow a shift in funds from the After-Hours Voucher Program to the Emergency Assistance Program. The amendment proposed the following fund reallocation: . Fiscal Year 2003 - Transfer $1,578 from the After-Hours Voucher Program to the Emergency Assistance Program, leaving a balance of $1 ,000 in the After-Hours Voucher Program. Fiscal Year 2004 - Transfer $2,000 from the After Hours Program to the Emergency Assistance Program. This would increase the Emergency Assistance Program's funding award to $7,000 and reduce the After-Hours Program's award to $3,000. . The request was made because CCS has fully expended the Federal Way grant from the . Emergency Assistance Program and demand for assistance, here in Federal Way, continues to remain high. Federal Way families call CCS for assistance and staff have informed them the agency is temporarily out of funds. The agency has leveraged the City grant with other discretionary funds accounting for 60-70% of the assistance that CCS is able to provide to Federal Way families. To date, CCS has been able to seIVe 312 unduplicated number of Federal Way families, the contract goal was 176, and with the proposed shift in resources, the agency could serve an estimated 56 additjonal families by the end of this year. CCS manages the After-Hours Program in partnership with the Federal Way Police Department. The shift in funds from the After-Hours Voucher Program will not cause a rift in services for people needing assistance because this program consistently has a contract balance at the end of the year. For more information refer to Attachment 1, the Human Services Commission Memo dated November 13, 2003 and Attachment 2, CCS's amendment letter The Human Services Commission, at their November 17, 2003 meeting, recommended approval of CCS's amendment request. t--\ ------~-- ~_____n__- - n un --. - ----CUU__.. --- . ._---~_e_-_e__u----------- n_----_nn_-_e_----m.e- nn e.-n- n .ee_- -- .-- .- -----.-n.--_en.-n----.--.---.----- - -. . - . _e~-----~ee me.--..-- - - nn. .-_._--. .n - -- -- e_-n--.--_u nn._--_e~ . - - -.- - I look forward to discussing the Catholic Community Services After-Hours/Emergency Assistance Programs proposed funding recommendations with you at your December 2, 2003 meeting. If you have any questions about the recommendation before your meeting, please contact me at 253-661-4039. Committee Recommendation 1. I move to approve the Human Services Commission's recommendation to amend Catholic Community Services 2003-2004 Human Services After-Hours Program contract and their Emergency Assistance Program contract, that will allow the agency in 2003 to reallocate $1,578 from the After-Hours Program to the Emergency Assistance Program, leaving a balance of $1 ,000 in the After-Hours Program, and to reallocate from the 2004 After-Hours Program grant award, $2,000 to the Emergency Assistance Program, whereby the new contract amount for the After Hours Program in 2004 will be $3,000 and for the- Emergency Assistance Program will be $7,000. The Catholic Community Services After-Hours and Emergency Assistance Programs 2003-2004 contract amendment item is to be brwarded on to full City Council for their review on December 16,2003. . APPRovAL OF COMMITTEE REPORT: . .,' Co~mittee Ch~if , Committe~ Member Cómrnitte. ~embe.., 2 6'-~ A++4Chmet\+ I -----~e__._~------ ---_e_------ ... - . - -.- . . ~ CITY OF .~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: November 13, 2003 Human Services Commission ~ Angelina Allen-Mpyisi, Human Services Manager Catholic Community Services After-Hours Voucher/Emergency Assistance Programs Background . Catholic Community Services (CCS) is a nonprofit human service agency that provides a variety of services some of which includes emergency assistance for basic needs (i.e. food, shelter), pro-bono legal aid for landlord-tenant issues, and in-home non-medical services for seniors and disabled persons. CCS in their amendment letter dated November 10th is requesting an amendment to their 2003- 2004 contracts for their After-Hours Voucher and Emergency Assistance Programs. . Fiscal Year 2003 - reallocate $1,578.00 from the After Hours Program to the Emergency Assistance Program, thereby reducing the After Hours Program 2003 grant balance to $1,000.00. . Fiscal Year 2004 - CCS suggests that the Commission consider reallocating funds from the After Hours Program to the Emergency Assistance Program. Staff proposes that that the Commission considers transferring $2,000 from the After Hours Program to the Emergency Assistance Program, thereby reducing the After Hours Program 2004 grant balance to $3,000. Emergency Assistance Program Catholic Community Services (CCS) was awarded a two-year $5,000 grant for the Emergency Assistance Program (EA). As of November 1, 2003 the grant funds for the program have been fully expended. CCS has seen an increase in the number of families needing emergency assistance primarily because a number of people remain unemployed. The State of Washington's unemployment rate continues to remain higher than the national average. This, in combination with the economic shifts to our economy. has had a huge impact on the number of Federal Way families needing assistance through the EA Program. With more and more people out of work they are unable to take care of their basic needs. CCS continues to receive calls from Federal Way families requesting assistance and staff have informed them the agency is temporarily out of funds for this program. City funds are used in combination with grants CCS has received from other sources. These other discretionary funds account for 60-70% of the assistance that CCS is able to provide to Federal Way clients. It is also important to point out that historically, CCS typically runs out of Federal Way funds before the end of the year. Based on the agency's third quarter report, 312 unduplicated number of Federal Way clients have J;-~ .e"--_CC----"---- - .... -. . .. been served through the EA Program. The agency's contract goal was 176, which indicates CCS has exceeded their contract performance in this area. If the amendment were approved, CCS estimates the agency would have the ability to serve an additional 56 families by the end of this year. After-Hours Voucher Program CCS was awarded a $5,000 grant for the After-Hours Voucher Program. Expenditure of the grant funds depends on demand and walk-in traffic to the Federal Way Police Department. While families, domestic violence victims and people who are homeless still require assistance, there has been a reduction in the number of people coming to the Police Department seeking help. This is partly attributed to the warm weather we experienced during the summer months. With the change in weather, the Police Department could see an increase in the number of people requesting assistance or an influx of people moving from other South King County cities to Federal Way. However, based on information from past quarterly reports the demand will not exceed the grant award should the Commission approve the amendment. Historically, this" program has had a balance of funds at the end of the year. At the end of 2001, there was a balance of $288.90 and in 2002; there remained a contract balance of $2,127.73. Staff recommends that the Human Services Commission consider authorizing the amendment, which will allow Catholic Community Services to reallocate 2003 funds from the After-Hours Voucher Program in the amount of $1 ,~78.00 to the Emergency Assistance (EA) Program and that 2004 funds in the amount of $2,000 from the After-Hours Voucher Program, ~Iso be reallocated to the EA Program. Staff also recommends that the Commission give staff discretion in re1negotiating the performance goals for both programs. Proposed Motion I move to recommend to the City Manager approval of this first Amendment that will allow Catholic Community Services to reallocáte in 2003 $1,578.00, from their 2003-2004 Human Services After-Hours Program contract, to their 2003-2004 Human Services Emergency Assistance Program contract, and to reallocate from the After-Hours Program 2004 grant award, $2,000 to the Emergency Assistance Program, whereby the new contract amount for the After Hours Program in 2004 will be $3,000 and for the Emergency Assistance Program will be $7,000. I further recommend that staff is given discretion in re-negotiating the contract performance goals for both programs based on the adjustment of the award levels. 2 £-1\ 11/13/213133 130:33 25385025133 CCS SKCFC PAGE 04/135 Af!o¡'~~~-f . .~. -"--~-- ~,,~ Gtf~ Catholic COMMUNITY servIces SOUTH KING COUNTY FAMilY CENTER 1 'll.9 West Smith Street MaiL: P.O. Box 398 Kent, WA 98035-0398 Phone: (253) 854-0077 1-800-722-3479 Fax: (253) 850-2503 TOO: (253) 850-2523 (' LJ C~;y Federal Way City Council C/O Angela AIlen-Mpyisi Human Services Manager Fcdel.'31 Way City HaJJ 33530 I'll Way South Federal Way, Washington 98003 Dear Council Members: November 10,2003 As you know, CathoHc Community Services of South King County has been an annual recipient of two general ñrnd awards to provide services to FeóeTal Way clients; 1) $5,000 EmergenCy Assistance. Provides funding for case management staff ($2500) and direct financial aid ($2500) to low-income hQU5eholds for shelter. rent, utilities. food. bus tickets and gas vouchers. Our South. King County Fam.ily Center see clients by appointment in our Kent office by case management staff. who make decisions regarding what level of se1"\1Îce to provide. 2) Emergency Assistance primarily funds familjes with childœn MonthJy budgeted Federal Way funds are approxit1\ately $200 pet'month for aU Federal Way clients for t2 months or until the $2500 is expended. Other funds arc used to supplement these Federal Way funds, including FEMA, ESAP, EHAP and Stability which are federal, SL1te cmd county ftu1ds available for rent and shdte:J:" only. These other discretiooaXy funds account for 60-70% of the assiSlanœ CCS provides for Federal Way clients. Hístorica11y, we are usually out of Federal Way funds by early September. As of Nov. 111, aU of our Federal Way emergency assistance funds have been expended; we are now ¡nfonning Fedeœ Way calters iliat we arc tempor3riJy out of funds for this area. Because Federal Way has aJready also received an eXtensive and somewhat disproportionate amount of discretionary funding, we win not be able to help FEDERAL WAY clients with discretionary funds. AFTER HOURS PROGRAM 1) $5.000 annually to monitor the Federal Way Afterhours Program., wlúch provides direct financial aid for shelter, food and gas vouchers after normal busi.ness hours wd weekends through the FcdemI Way Police Department's Victims Assistance unit llis funding is intended to meet the need for emergency services for domestic violence victims. families who have been evicted from their homes, and other homeless clients. 2) The funds arc adnúnistered by the Police Department in Federal Way. and the expenditure of these funds depends on demand and walk-in mrlIíc to t.hc Police Department The COtttrnct provides $900 for administrative costs including accounting, biHing and demographic/delta collection and reponing. The rest $4100 is reserved for direct services. ,. ACCREOITED ~- ~9'lI(;VIØTA"" r (1<---- t:: "'5 @ --- 11/13/2003 00:33 2538502503 CCS SKCFC PAGE 05/05 3) As of NOVWlber 10, there are $2578.00 remaining in this afterbours f'un~ which given historic-" spending patterns, will probably NOT be spent by December 31. 2003. In 2002, we also had II subst3ntî31 positive ba.lance in the pt'Ogram at the end of the year. CCS wouJd like to suggC$t that some of the funds be reallocated to the Eroergeocy Assistance fund s soon a$ possible, to be spent for homeless prevention. uûJities, food and shelter to ans-wer the on-going demand for ~œs from. FEDERAL WAY during these last two winter IDQJ1ths of2oo3. We would suggest . rescn-ing $1000 for the afterbours progrnJ11, to be rcvisited~. 1, and to allow the remaining $1578.92 to . expended through thE: EA program.. In addition, the council may waut to reconsider the funding a1loçation split between the two programs foJ' 2004. to be sure the direct assistance dollars are being effici.ently expended. We would be glad to speak to the council regatdÎ.ng this situation at their convenience, in pcr$On.or by telephone. Thank you fot' your considet'ation.. Sincerely, ~~ Tamara B~ Program Manager Catholic Community Services ~-b ,-of S.P CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM ' SUBJECT: PRHSPS Cou cil C ittee David M sel an~ge / Jennifer Schr er, ir ctor... . December 1, 2003 COOPERA TIVE AGREEMENT AMONG CITY OF FEDERAL WAY, KING COUNTY AND THE COMMENCEMENT BA Y NATURAL RESOURCE TRUSTEES TO: VIA: FROM: DATE: Backe:round On April 1, 2003 the Federal Way City Council approved a proposal from the Friends of the Hylebos Wetlands (the Friends) to accept donations ofland within the West Hylebos Creek Habitat south of S. 356th Street and west of Pacific Highway, for the purpose of open space and conservation purposes. The Friends, working with King County and the Cascades Land Conservancy (the partnership) are actively raising funds and negotiating acquisition of7 specific parcels within the West Hylebos Creek. The Cooperative Agreement among the City of Federal Way, King County and the Commencement Bay Natural Resource Trustees identifies the purchase of one of the seven parcels identified by the Friends as an essential acquisition for the protection of the salmon habitat within the West H ylebos Creek. The property to be acquired is identified in the agreement as the "West Hylebos Project," is currently owned by the Federal Way School District and is recorded as 32.81 acres. A parcel map is included with this memorandum. The purpose of the Cooperative Agreement is to identify the rights and responsibilities of the Parties regarding the West Hylebos Acquisition Property and the restoration project potentially to be developed on it. Acquisition King County will purchase the property from two funding sources: King County Conservation Futures and from natural resource damage funds from the Commencement Bay Natural Resource Trustees. Maintenance King County will transfer the property to the City of Federal Way. Federal Way upon completion of the transfer will accept property ownership. The City would be the responsible party to perform ordinary upkeep and maintenance of the property, as we currently do with city owned open space. Use Activities may be conducted on the West Hylebos Acquisition Property that are in accordance with the terms and condition of applicable laws, regulations and permit requirement. Any restoration project plan developed by the trustees in consultation with the City of Federal Way and King County for the site would be consistent with the purpose of providing habitat value. Section IV. B 2 entitled West Hylebos Acquisition Property Use describes examples of consistent uses and non-consistent uses. Staff Recommendation In the City's Comprehensive Plan there are three Natural Environmental Goals and Policies that provide the basis to support acceptance of the proposed agreement and donation to the City of Federal Way. They are: NEP6: The City encourages private donations ofland or conservation easements for sensitive areas and their associated buffers. NEG13: Develop an open space network throughout the city and with adjacent jurisdictions. ç-\ -------_e.------.---.-_e_- -.--..---n----n---_ee_------- - - -----_e.----_e__e_e.. - ---.--.----- - - -. e- e_- --- .. NEP77: The City should identify an open space plan and develop a program to acquire or accept donations of these areas for preservation. It also should be noted that accepting this agreement would eliminate the need for the city to purchase easements that are necessary to move forward with the Public Work's stream restoration project ongoing in this portion of the West Hylebos Creek. The City's Attorney Office, Public Works Surface Water Division and the Parks Department have all reviewed the attached draft. Staff recommends authorizing the City Manager to sign the Cooperative Agreement. Committee Recommendation: Move to recommend to Council a "do pass" to authorize the City Manager to sign the Cooperative Agreement Among the City of Federal Way, King County and the Commencement Bay Natural Resource Trustees regarding the West Hylebos Acquisition Restoration Project and to place this item on Council's December 16th Consent Agenda. ÁPI)n<>v AL Oli'_COI\1Ml'rÌ'IŒ nEi~()rÙ': - , " . - . . . :' .,-" 'c, . .. ... '. ~omiriinêê,'Chair ~~:_-_. =- ':':_~~~T_~pjtt~~ M~lnbê~i '.. , .. ,'. '- '.:... ..".., n __~bniin_i,!!èè':Mf~~n:~~:~.n- - -- u- .-. .,..~ F-- 2- COOPERATIVE AGREEMENT AMONG CITY OF FEDERAL WAY, KING COUNTY, PUYALLUP TRIBE OF INDIANS, MUCKLESHOOT INDIAN TRIBE, WASHINGTON DEPARTMENT OF ECOLOGY, WASHINGTON DEPARTMENT OF FISH AND WILDLIFE, WASHINGTON DEPARTMENT OF NATURAL RESOURCES, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE AND BUREAU OF INDIAN AFFAIRS REGARDING THE WEST HYLEBOS ACQUISITION RESTORATION PROJECT I. PARTIES This Agreement is entered into among King County, the City of Federal Way, and the Commencement Bay Natural Resource Trustees (Trustees) consisting of: The Puyallup Tribe of Indians (Puyallup Tribe); The Muckleshoot Indian Tribe (Muckleshoot Tribe); the Washington' Department of Ecology (Ecology) as lead state natural resource trustee; the Washington Department of Natural Resources (WDNR); the Washington Department of Fish and Wildlife (WDFW); the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce; and the U.S. Department of the Interior (DOl) including the U.S. Fish and Wildlife Service (USFWS) and the Bureau ofIndian Affairs (BIA). King County, the City of Federal Way and the Trustees collectively shall hereafter be identified as the PartiE:s. This Cooperative Agreement concerns the management and use of property provided to the City of Federal Way. The property has been acquired with funds provided by King County and the Trustees. II. RECITALS A. The Trustees, acting under applicable state, federal and tribal law, enter into this Cooperative Agreement in furtherance of their general responsibilities to restore, replace and acquire the equivalent of natural resources of the Commencement Bay environment injured by releases of hazardous substances. B. The Trustees are also parties to a Memorandum of Agreement Regarding Natural Resource Damage Assessment in the Commencement Bay, Washington Environment (MOA), including its First Supplement concerning Coordination in the Use of Natural Resource Damage Assessment and Restoration Planning Contributions and Application of Natural Resource Damage Recoveries (MOA Supplement). The MOA Supplement provides that the Trustees may . enter into separate agreements or memoranda of understanding to define their respective roles and responsibilities regarding habitat restoration projects undertaken by or on behalf of the Trustees. As between and among ~he Trustees, the terms of this Cooperative Agreement are intended to apply in addition to those of the MOA and the MOA Supplement, the terms of which are hereby incorporated by reference solely for purposes of defining the rights and relationships among the Trustees. ' C. As a consequence of settlements of natural resource damage claims against several parties, the Trustees have obtained funds, real property and commitments of in-kind services to be used for natural resource restoration purposes. The Trustees have adopted the t=-3 u-_ue._u-.....UU__.e.-_u--e ._u_uu..e.---..--. uu_.-----_u-euu_--.--.e__euo_. u.--. e-.-..-..e_.e- u u. -. . .... _..- ~e~ -. c._cu. Commencement Bay Natural Resource Damage Assessment Restoration Plan (Commencement Bay NRDA Restoration Plan) to guide use of the funds, property and services, and have begun implementing the Commencement Bay NRDA Restoration Plan by identifying potential restoration projects and suitable project sites. D. Arr}ong the proposed restoration project sites identified by the Trustees is a property along Hylebos Creek, a: tributary to Commencement Bay, known informally as the West Hylebos Acquisition Property. The property is located at Pacific Highway South at South 359th Street in King County, Washington, and consists of a single tax parcel (King County Assessor's Office Tax Account # 2921049023). Through a resolution of the Trustee Council(Resolution 2003-04, adopted March 11, 2003), the Trustees have agreed to partner with the King County Conservation Futures Program and the City of Federal Way in acqnÜing the acquisition of the West Hylebos Acquisition Property by contributing natural resource damage funds toward the purchase price. I'-----.._.~----_..__...-_.,-_e.- E. Under the authority of RCW 84.34.200-84.34.250, and King County Code Chapter 26.12, King County has established a ",Conservation Futures Fund Program, through which King County uses earmarked property tax receipts to acquire nghtS-äîid-iritèrests in open space, wetlands, habitat areas, farm, agricultural and timber lands. Per King County Code 26.12.010, property or rights acquired under the Conservation Futl1fes Fund Program are to beß,lhjf',('.t to covenants awl - J>roper~_~~§'!!:~~!!2!lS _JQJIl!l.with th~ land in perpet~i!y El~~ in fulfillment of requirements necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use or enjoyment. King County is authorized to transfer property or rights acquired under the Conservation Futures Fund Program, subject to such covenants and property restrictions, to a city, state or local governmental agency empowered to hold fee simple or oth~r interests in land on behalf of the public. F. The City of Federal Way has adopted goals and policies in its Comprehensive Plan, adopted pursuant to the Growth Management Act, that encourage the acquisition and development of parks within the City, and acquiring the West Hylebos Acquisition Property would further the goals and policies of that Plan. G. The purpose of this Cooperative Agreement is to identify the rights and responsibilities of the Parties regarding the West Hylebos Acquisition Property and the restoration project potentiallv to be developed on it. III. AUTHORITY This Cooperative Agreement is entered into pursuant to the Natural Resource Trustee provisions of section 107(f) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, 42 U.S.C. §9607(f), Section 311 of the Clean Water Act (CW A), as amended, 33 U.S.C. §] 32], the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), Subpart G, 40 C.F.R. §§300.600 - 300.6] 5, Interlocal Cooperation Act, RCW 39.34, RCW 84.34.200-84.34.250, and oth~r applicable federal state and tribal law. The fol1owing officials or their designees act on behalf of the public as state, federal and tribal Trustees for natural resources under this Cooperative Agreement: The Tribal Council, or its designee, for the Puyallup Tribe ofIndians; ~-L\ '----'.-.--.en'----------..e_'.--e' -.--_e.eee- -------.._e. The Tribal Council, or its designee, for the Muckleshoot Indian Tribe; The Secretary of the Interior; The Undersecretary for Oceans and Atmosphere, Administrator of the National Oceanic and Atmospheric Administration, acting on behalf of the Secretary of Commerce; the Director of the Department of Ecology for the State of Washington, as lead state Trustee, the Commissioner of Public Lands of the State of Washington, and the Director of the Washington Department ofFish and Wildlife. IV. TERMS AND CONDITIONS A. West Hylebos Acquisition Property RestOlð:íion Project. The West Hylebos Acquisition Property Rc'stolation Project (Rest{)Iation West Hvlebos Project) consists of: (1) acquisition of the West Hylebos Acquisition Property by King County using Conservation Futures Fund monies and natural resource damage funds provided by the Trustees, (2) transfer of the West Hylebos Acquisition Property to the City of Federal Way subject to a restrictive covenant, attached hereto as Exhibit 1, to ensure the property will be preserved and used consistently with the purpose of this Cooperative Agreement, (3) preservation of existing habitat values, and (4) potential alterations and improvements by the Trustees of existing upland and aquatic habitat on the West Hylebos Acquisition Property, as described below in Section IV.C., to benefit fish and wildlife species that utilize the Commencement Bay environment. The overall purpose of the Restoration Project is to restore natural resources injured 'by releases of hazardous substances. This purpose wìll be accomplished by taking actions to protect and enhance fish and wildlife habitat at the site and by precluding inconsistent uses of the property, thereby increasing the ecosystem complexity and habitat value of Commencement Bay and its tributaries for birds, wildlife, fish and other aquatic orgamsms. B. Property Ownership, Use and Maintenance. I. West Hylebos Acquisition Property Ownership. King County shall acquire ownership of the West Hylebos Acquisition Property, and shall transfer ownership to the City of Federal Way subject to a restrictive covenant on the deed in the fonn attached hereto as Exhibit 1 ("Restrictive Covenant"). King County and the City of Federal Way shall cause the Restrictive Covenant with a copy of this Cooperative Agreement attached to be filed in the real property records for King County. It is the purpose of this Restrictive Covenant to assure that the West Hylebos Acquisition Property will remain available for habitat restoration in perpetuity. The City of Federal Way shall take such action as is necessary to preclude use of the property inconsistent with the purposes of this Cooperative Agreement. 2. West Hylebos Acquisition Property Use. Activities may be conducted on the West Hylebos Acquisition Property that are consistent with the purpose provided in Section IV.A. above. Use of, or activity on, the West Hylebos Acquisition Property inconsistent with this purpose is prohibited and the Parties acknowledge and agree that they will not conduct, . engage in, or pennit such use or activity. t=-:S ~ ~e_-,.,_._-~_....'_e_~._--_e - .'-~.. . c.. ...~_._-_..~-~_e_.__..e."~. e__n-e.._--~~e.~e_-~-~--~-~. ~-~... ~ .. -- .- The Parties agree that activities conducted in accordance with the terms and conditions of applicable laws, regulations and permit requirements and any restoration project plan (Restoration Project Plan) developed by the Trustees in consultation with the City of Federal Way and King County for the site would be consistent with the purposes of providing habitat value in the Commencement Bay environment, including but not limited to: . construction, maintenance and adaptive management activities in accordance with the Restoration Project Plan, such as land grading, excavation, and recontouring, vegetation removal, substrate enhancement and planting native vegetation ecological surveys and research low impact recreation (wildlife viewing/observation) construction and maintenance of informational and educational signs or kiosks activities to control non-native, invasive or noxious plants and animals construction of a path or trail with construction, design, location, and of materials intended to minimize disturl:>ance of sensitive habitat areas emergency activities to protect public health and safety , designation of a parking area as needed to provide public access to the West Hylebos Acquisition Property and/or contiguous publicly owned property dedicated to similar use, provided that the size, configuration, design and elements of any such parking area shall be subject to the agreement of the Parties. . . . The Parties agree that activities that would not be consistent with the purposes of providing habitat value in the Commencement Bay environment include but are not limited to: . alteration of hydrology, including dredging, diking, draining or filling, except pursuant to the Restoration Project Plan constructing buildings or structures not permitted above storage of vehicles, vessels, containers, equipment or other items except temporary storage of equipment or materials in use for restoration project development, monitoring and maintenance and routine site maintenance any activities causing significant water pollution, erosion or sedimentation removal or disturbance of native vegetation, except in connection with transplanting activities for further habitat restoration projects as specifically agreed among the Parties aquaculture of non-native species waste disposal. or storage including sewage, manure, garbage, pesticides or hazardous waste application of fertilizers or pesticides, except pursuant to restoration project plans as specifically agreed among the Parties mining intentional disruption of wildlife planting of invasive non-native vegetation erection of commercial billboards and signs . . . . . The listing of specific activities herein as being consistent with or not consistent with the purposes. of this Cooperative Agreement is not intended to be exhaustive. The conducting by any person of the listed activities considered consistent with the purposes of this Cooperative Agreement shall be subject to the access restrictions of Section IV.B.3. of this Cooperative Agreement. ~~ ~._. n 'n .. . .en 3. West Hylebos Acquisition Property Access. a. At all reasonable times the Parties (or other parties specifically designated by any of the Parties) may enter and freely move about the West Hylebos Acquisition Property for the purposes of site inspection and for RcstOIation West Hvlebos Project implementation, the process for which is described in Section IV.c. below, performing project monitoring or adaptive management, or carrying out the terms of this Cooperative Agreement. b. Access by the general public to any part of the West Hylebos Acquisition Property shall be in accordance with applicable laws, regulations or ordinances and such reasonable use restrictions as the Parties determine necessary to further the purposes of the Restoration West Hvlebos Project. 4. West Hylebos Acquisition Property Maintenance. The City of Federal Way shall perform ordinary upkeep and maintenance of the West Hylebos Acquisition Property. The term "ordinary upkeep and maintenance" means tasks that a prudent land manager would perform in the normal course of managing similar property. Maintenance of the Restoration Project other than ordinary upkeep and maintenance shall be dealt with under Section IV.C.t. of this Cooperative Agreement. C. Restoration Project Development, Administration and Implementation. 1. The Truste_es intend to develop an as-yet undesigned habitat restoration project on the West Hylebos Acquisition Property potentially involving alterations and improvements of existing upland and aquatic habitat features. In designing any such habitat restoration project, the Trustees shall consult with King County and the City of Federal Way, and may consult with non- governmental entities including without limitation the Friends of the Hylebos Wetlands. Prior to the development of any such habitat restoration project, the Parties will enter into a Restoration Project Memorandum of Understanding, which shall include and incorporate an agreed project design and shall address details of project administration and implementation. As between the Parties, the Trustees shall be responsible for designing, developing, implementing and constructing any such habitat restoration project for the West Hylebos Acquisition Property. 2. The Trustees shall also be responsible for any project maintenance and adaptive management activities for any such project. For purposes of this Cooperative Agreement, "adaptive management activities" means additional actions that need to be taken on the West Hylebos Acquisition Property to maintain the constructed habitat or change the habitat in some manner to meet the RestOlatioll West Hvlebos Project purpose provided in Section IV.A. above. Anticipated changes or developments that may require adaptive management include, among others, the failure of vegetation to establish or spread, substantial erosion or sedimentation that adversely alters habitat characteristics, or adverse impacts from offsite development or access to the property. Provided, however, that adaptive management to address adverse impacts that result mainly from access to and/or use of the property by employees, agents or contractors of King County or the City of Federal Way shall be the responsibility of the party responsible for causing the adverse impacts. Adaptive management to address adverse impacts that result mainly from the public's access to and or use of the property shall be the responsibility of the City of Federal Way. r-l we_-_e_-_e_.-_nm_-----me---ee_---_._---- - ----_eeee_-m_e-mm.e- --------_e- m- .--------------------_eee_---- ..m____- - ---- - e..- - -- . - e.-- ---e_-----.---.-----.-_e.. m__- -- -- D. Dispute Resolution. 1. Avoidance of Disputes. The Parties agree to work cooperatively, to consult infonnallyand to use best efforts to avoid disputes concerning the implementation of this Cooperative Agreement. 2. Notice of Dispute. If a dispute arises between the Parties concerning the implementation of this Cooperative Agreement, any party may initiate dispute resolution by giving written notice thereof to the other parties. In the case of an actual or threatened violation of the Cooperative Agreement, the notice shall identify corrective action sufficient to cure the violation and to restore any portion of the West Hylebos Acquisition Property injured as a result of the violation. 3. Infonnal Negotiations. Following receipt of a notice of dispute, the Parties shall attempt to resolve the dispute expeditiously and infonnally. If the dispute is resolved by infonnal negotiations, the Parties shall memorialize the resolution of the dispute by an exchange of letters. 4. - Fonnal Negotiations - Preparation of Joint Statement of Position. If the Parties are unable to reach a resolution of a dispute through infonnal negotiations, after fourteen (14) calendar days following delivery of the notice of dispute described above in subparagraph 2 any party may initiate fonnal negotiations by providing written notice to the - other parties of the notifying party's intent to develop a Joint Statement of Position. The Joint Statement of Position shall consist of a concise written statement of the issues in dispute, including the relevant facts upon which the dispute is based and the data, analysis or opinion supporting each position, and any supporting documentation on which each party relies. The Parties shall complete the Joint Statement of Position within fourteen calendar (14) days following receipt of the formal negotiations notice, or by such later date as the Parties shall agree. Upon completion of the Joint Statement of Position, the dispute shall be referred to authorized officials of each Party for resolution. Each Party shall advise the other Parties in writing of the identity of the authorized official designated to participate in the dispute resolution process. The resolution agreed to by such authorized officials shall be binding upon the Parties. The Joint Statement of Position shall constitute the exclusive factual record of the dispute in the event that the Parties are unable to resolve the dispute and any party seeks judicial resolution. E. Removal of the Restrictive Covenant and Termination of the Cooperative Agreement. The Restrictive Covenant may be tenninated or extinguished, whether in whole or in part, only under one or more of the following circumstances: 1. The Parties. jointly agree to extinguish the restriction or release a portipn of the Restoration West Hylebos Project from the terms of restriction, upon a detennination by Trustees in their discretion in consultation with King County and the City of Federal Way that circumstances have rendered the purpose of the Restolatioh West Hvlebos Project! as provided in Paragraph IV.A. above! impractical to achieve. 2. Upon petition by one or all of the Parties, a court having jurisdiction over this restriction determines by judicial proceedings that circumstances have rendered the purpose of the Restoration West Hylebos Project as provided in Paragraph IV.A. above impossible to achieve. r-~ e.m.u.u~e...._u --_e- uu_m__u__u_-_u__....----_mm_.ue~e..._u__ee_-_u~_e_~-~--~m_.-mme_u...u_-...---------------m- -- -.---_u-.ue- -_u... . m. ._._-~u. - ----- ---- - e - - - - u_. n.___-uu_------ ----- --- .---_u.- 3. All or any of the RestOIation PlOject West Hylebos Acquisition Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate, or other authority. The Parties shall act jointly to recover the full value of the interest in the RestOIation PlOjc:.ct West Hvlebos Acquisition Property subject to the taking or in- lieu purchase and all direct or incidental damages resulting from the taking or in-lieu purchase. 4. The Parties agree that the proceeds to which the City of Federal Way shall be entitled after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Restoration PlOject West Hvlebos Acquisition Property, subsequent to such termination or extinguishment, shall be determined, unless otherwise provided, by Washington law. The City of Federal Way shall use such proceeds only to obtain similar substitute property acceptable to all the Parties within Commencement Bay or within the Puyallup-Carbon-White Rivers watershed closest to Commencement Bay if one within Commencement Bay is unavailable. The City of Federal Way shall impose upon such substitute property a restrictive covenant on the deed in the form attached hereto as Exhibit 1. F. Subsequent Transfer. The City of Federal Way shall: 1. Not sell, transfer or otherwise divest itself of all or any portion of the West Hylebos Acquisition Property, including, without limitation, a leasehold interest, without prior written approval of the Trustees and King County. 2. Incorporate the terms of the Restrictive Covenant by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the West Hylebos Acquisition Property, including, without limitation, a leasehold interest. 3. Describe the Restrictive Covenant in and append it to any executory contract for the transfer of any interest in the West Hylebos Acquisition Property. 4. Give written notice to Trustees and King County of the transfer of any interest in all or a portion of the West Hylebos Acquisition Property no later than one hundred twenty (120) days prior to the date of such transfer. Such notice to Trustees and King County shall include the name, address, and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the City of Federal Way to perform any act required by this Paragraph IV.G. shall not impair the validity of the Restrictive Covenant or limits its enforceability in any way. G. Notices. All notices required or permitted to be given hereunder shall be in writing and shall be deemed given upon personal service or receipt after deposit in the United States first class mail addressed as follows: To Trustees: t-1 -_._-------------_.~------_u__u_~-------e_-----_e_-_..------------- - --_e_----.-- e_-_eue e.ue__e_------e- -- _e -- - - ----_.e_--------~------- - --.------- --------- _._n__.. u_en.... - _u_.. ---.---u_u n_- _u -.- - n.. . - National Ocean and Atmospheric Administration Office of General Counsel - Natural ResourceslNW 7600 Sand Point Way NE Seattle, WA 98115-0070 A TIN: Robert A. Taylor To City of Federal Way: JennIfer Schroeder Director, Parks, Recreation & Cultural Services City of Federal Way 33530 - pI Way South P.O. Box 9718 Federal Way W A 98063=9718 253-661-4040 To King County: Pam Bissonnette - Director, King County Department of Natural Resources and Parks 201 South Jackson Street, Suite 700 Seattle, W A 98104 (206) 296-6500 V. GENERAL PROVISIONS A. Funds Availability. The fiscal obligations of the Trustees hereunder shall be fulfilled solely from and are limited by the funds made available for such activities as a result of the resolution of natural resource damage claims for the Commencement Bay environment. Nothing in this McmO1andum of Cooperative Agreement shall be construed to require any Party to spend funds in excess of available appropriations. B. Severability. The clauses of this Cooperative Agreement are severable, and should any part of this Cooperative Agreement be declared by a court of competent jurisdiction to be invalid, the other parts of this Cooperative Agreement shall remain in full force and effect. C. Entire Agreement. This Cooperative Agreement constitutes the entire understanding of the Parties with respect to its subject matter. D. Amendment and Termination. This Cooperative Agreement may not be amended except by written agreement of all parties to this agreement. This Cooperative Agreement shall continue in effect until it is terminated by agreement of all of the Parties. Any amendment to this agreement shall be consistent with the original purpose of the Deed Re.stIietion Restrictive Covenant and shall be recorded in the real property records for King County. ~-ID --.---. E. Execution. Effective Date. This Cooperative Agreement may be executed in counterparts. A copy with all original executed signature pages affixed shall constitute the original and shall be retained by the Trustees. The date of execution shall be the date of the final signature of the Parties to this Cooperative Agreement. F. Default. In the event that any party defaults in the performance of any of that party's obligations under this Agreement, the non-defaulting party or parties shall have all remedies available in law or equity, but no party shall be liable for consequential damage. G. Parties Bound. The provisions of this Cooperative Agreement shall apply to and be binding upon the Parties to this Cooperative Agreement, their agents, successors and assigns. The undersigned representative of each party certifies that he or she is fully authorized by the party or parties whom he or she represents to enter into this Cooperative Agreement and to bind that party to it. IN WITNESS WHEREOF the Parties have executed this Cooperative Agreement on the date and year opposite their signature. F-t\ ~-_. CITY OF FEDERAL WAY BY: David Moseley, City Manager Date ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Patricia A. Richardson, City Attorney KING COUNTY BY: Ron Sims King County Executive Date APPROVED AS TO FORM: Noun Maleng King County Prosecuting Attorney THE PUY ALLUP TRIBE OF INDIANS BY: Date Chair Puyallup Tribal Council THE MUCKLESHOOT INDIAN TRIBE BY: Date Chair Muckleshoot Tribal Council \==-\ 'L -~- NA nONAL OCEANIC AND ATMOSPHERIC ADMINISTRA nON BY: CRAIG R. O'CONNOR Special Counsel for Natural Resorurces WASHINGTON DEPARTMENT OF ECOLOGY Lead State Trustee -BY: Date Date Approved as to Fonn for the Washington Department of Ecology. BY: U.S. DEPARTMENT OF THE INTERIOR BY: Date \=-\~ Date ----~-------_._..._---_e_._------_e_-~-- - .. n_- -- _n n - - - - - e_-_._---- . -----~_e._------_e_-- -_e_----_e_--------- Exhibit 1 Restrictive Covenant Notice is hereby given that the property legally descdbed in exhibit A hereto (the West Hylebos Acquisition Property) is subject to use restrictions and other obligations enforceable by the Natural Resource Trustees for Commencement bay (enumerated in the Cooperative Agreement described below and attached hereto) and King County. The purpose of these restrictions and obligations is to ensure that the West Hylebos Acquisition Property provides habitat value to the public in perpetuity in the Commencement Bay environment. These restrictions and obligations are described in Section IV of the Cooperative Agreement for the West Hylebos Acquisition Property Restoration Project (Cooperative Agreement), attached hereto and incorporated herein. Potential purchasers and lessees are further notified that, pursuant to the Cooperative Agreement, the RestoIation West Hvlebos Acquisition Property may not be disturbed in any manner that would impair or interfere with the integrity of the habitat restoration, except as provided in paragraph IV E. The restrictions and obligations described above are intended to run with the land and are intended to be binding on any and all persons who acquire an interest in the West Hylebos Acquisition Property. This restrictive covenant may be removed from the West Hylebos Acquisition Property only in the manner provided for in the Cooperative Agreement. DATED this _day of ,2003. West Hylebos Acquisition Property Owner By: Its: STATE OF WASHINGTON) COUNTY OF )ss ) On this _day of ,2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be of the [ corporation] that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said [corporation], for the uses and purposes therein mentioned, and on oath stated that - is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official seal affixed the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires F-/~ Print Map Page Page 1 of 1 8 King County 1111181Em1!8"" Comments Parcel Map and Data SJ,~....~J I .¡j 292.jO4~ 9ð11 9013 9102 90060 Parcel Number Address Zipcode Taxpayer 2921049023 FEDERAL WY SCHOOL DIST210 The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resuning from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. \== - 15 http://www5 .metrokc. gov /parcelviewer/Print - Process. asp -- 12/1/2003