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,
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& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, November 10, 2003 Summary
Page 2
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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
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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.
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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
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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
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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
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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
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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.
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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
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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);
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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
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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.
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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..,
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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
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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
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11/13/213133 130:33
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CCS SKCFC
PAGE 04/135
Af!o¡'~~~-f . .~.
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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
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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
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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
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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.
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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.
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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
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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;
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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.
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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.
~~
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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.
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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.
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- ----- ----
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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
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12/1/2003