PRHSPSC PKT 04-09-2001
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
April 9, 2001
12:00 p.m.
City Hall
Mt. Baker Conference Room
AGENDA
1.
2.
CALL TO ORDER
PUBLIC FORUM
3.
4.
COMMISSION COMMENTS
APPROVAL OF MARCH 12,2001 SUMMARY
COMMITTEE BUSINESS
5.
A. Cabin Park Project
B. Skate Park Update
C. 2 % for the Arts and the BP A Trail
D. Amending Park Regulations Regarding Alcoholic Beverages
in a Public Space
E. Office of Justice Programs Bulletproof Vest Grant
Action Jainga
Information Jainga
Information Richardson
Action
Action
Schroder
Camden
6.
NEXT MEETING - Monday, May 14,2001
7.
ADJOURNMENT
Committee Members:
Jeanne Burbidge, Chair
Michael Hellickson
Dean McColgan
Staff:
Jennifer Schroder, Director
Mary Jaenicke, Administrative Assistant II
661-4041
City of Federal Way
City Council
PARKS. RECREATION. HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Wednesday, March 12,2001
12:00 p.m.
SUMMARY
In attendance: Council Committee members Jeanne Burbidge, Chair; and Michael Hellickson. Excused: Dean
McColgan. Staff: David Moseley, City Manager; Laura Camden, Police Services Budget Coordinator; Tom
Chaney, Public Safety; Mary Faber, Recreation & Cultural Services Superintendent; Ann Guenther, Human
Services Manager; Ann Kirkpatrick, Police Services Director; Derek Matheson, Assistant City Manager; Carnron
Parker, CDBG Coordinator; Kurt Reuter, Parks Maintenance and Operations Superintendent; Pat Richardson,
Deputy City Attorney; Mehdi Sahdri, Information Systems Manager; Marwan Salloum, Street Systems Manager;
Jennifer Schroder, Director of Parks, Recreation and Cultural Services; Marj Currie-Hicks, Administrative
Assistant.
Guests: David Kaplan, Barbara Reid.
Chair Burbidge called the meeting to order at 12:01 p.m.
PUBLIC FORUM
David Kaplan stated he was present for the BP A Trail Phase III Bid A ward item on the agenda.
COMMISSION COMMENTS
It was noted that Parks Commission elections took place at their regular meeting on March 1,2001, with Dave
Armstrong elected as Chair and CT. Purdom elected as Vice Chair.
APPROVAL OF SUMMARY
MICHAEL HELLICKSON AND JEANNE BURBIDGE MOVED AND SECONDED TO APPROVE THE
FEBRUARY 21, 2001 MEETING SUMMARY AS WRITTEN. MOTION PASSED.
BUSINESS ITEMS
BPA Trail Phase III Bid Award:
Marwan Salloum presented information on the BPA Trail Phase III proposed project. This proposed project has
been through the environmental process and the grant funds can only be applied to the trail only. Barbara Reid
asked if 2% for Arts could be used for Parcours. Salloum responded that because the low bid is significantly less
than the architect's estimate, the final project balance is estimated to be approximately $145K. If there is a surplus
after the project is completed, then this amount will go back to Council for Council to decide what they want to do
with these funds.
HELLICKSON AND BURBIDGE MOVED AND SECONDED A MOTION TO AWARD THE BP A TRAIL
PHASE III PROJECT TO GOLF LANDSCAPING, INC., THE LOWEST RESPONSIVE, RESPONSIBLE
BIDDER, INTHE AMOUNT OF $483,990.00, AND APPROVE A 10% CONTINGENCY OF $48,400.00;
AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT; AND FORWARD TO FULL
COUNCIL FOR CONSENT ON MARCH 20, 2001. MOTION PASSED.
JEANNE BURBIDGE PROPOSED AN AMENDMENT TO THE BPA TRAIL PHASE III BID AWARD
TO READ:
"STAFF IS DIRECTED TO REVIEW CRITERIA AS IT RELATES TO THE 2% FOR THE ARTS
ORDINANCE TO SEE IF THERE IS AN APPROPRIATE APPLICATION OF THIS CRITERIA FOR
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Wednesday, March 12,2001 Summary
Page 2
THIS PROJECT AND TO BRING BACK TO THE PARKS COUNCIL COMMITTEE THE FINDINGS OF
THIS REVIEW." ALL WERE IN FAVOR AND MOTION PASSED.
Jennifer Schroder will review with Law if 2% for Arts can be used for this project. The ordinance dictates how this
formula is applied.
Domestic Violence Advocacv Request for Proposal:
Carnron Parker presented the Domestic Violence Advocacy Request for Proposal. The 200 l-02 Human Services
Funding Plan which was adopted November 21,2000 reserved $27,000 to contract for domestic violence
community advocacy services with an agency to be named later. A Request for Proposal brought five proposals in
response and these were placed in City Council office January 30, 2001. Human Services staff reviewed these
proposals and determined the Federal Way Youth and Family Services and YWCA met the scope of work given in
the RFP, are prepared to begin services immediately, and have the experience necessary to provide a high level of
service quality.
HELLICKSON AND BURBIDGE MOVED AND SECONDED A MOTION TO APPROVE THE
SELECTION OF FEDERAL WAY YOUTH AND FAMILY SERVICES TO PROVIDE DOMESTIC
VIOLENCE COMMUNITY ADVOCACY FOR THE 2001-02 BIENNIUM, AS RECOMMENDED BY THE
HUMAN SERVICES COMMISSION; AND FORWARD TO FULL COUNCIL FOR CONSENT ON
MARCH 20, 2001. MOTION PASSED.
COPS More 2001 Open Solicitation:
Laura Camden provided information to the Council Committee on a grant award application for the Spillman
Mobile Display Computer Linkage (MDC) which could be used to maximize time spent by officers in the
community/field by allowing the technology to query the Spillman database from patrol vehicles. Mehdi Sahdri
stated this would improve the whole department's efficiency. Some hardware and software would need to be
installed in the system to allow linkage. This would be done regionally with VIACOM. The City's match would be
25% of approximately $120-140K or about $30K from the City. Camden said that an application is being made.
Once the award is received, an action item would be brought to Council Committee for approval to forward to City
Council.
Council Member Hellickson asked if drug seizure funds could be utilized as a source of funding for this project.
Derek Matheson responded that there is a Bill moving forward in the Legislature on that subject. David Moseley
said that drug funds defmitely could be used for surveillance cameras.
2001 Interlocal Al!:reement for Waterfowl Mana~ement Pro~ram: ~-
Jennifer Schroder presented the 2001 Interlocal Agreement for Waterfowl Management which would manage
Canada Geese that are resident, not the migrating geese. Beginning methods of handling were relocation of the
geese, which then progressed to population management by addling of the eggs. This interlocal agreement would
be the City of Federal Way's fIrst time to participate in this program. The cost to the City would be $1,550 and the
term would be through December 31, 2001. This program is a regional approach that includes federal, county, local
government (12 cities), university and other private parties, for the purpose of public health and safety. The U.S.
Department of Agriculture is taking the lead.
HELLICKSON AND BURBIDGE MOVED AND SECONDED A MOTION TO APPROVE THE 2001
INTERLOCAL AGREEMENT FOR WATERFOWL MANAGEMENT PROGRAM AND FORWARD TO
FULL COUNCIL FOR CONSENT ON MARCH 20, 2001. MOTION PASSED.
NEXT MEETING
April 9, 2001.
ADJOURNMENT
Meeting adjourned at 12:45 p.m.
I:O312SUM_PRCC
ITEM S.A
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
March 30, 2001
Jon Jainga, Parks Planning and Development Manag~
David Mos a ger tI "t/
From:
Via:
Subject:
Cabin Park Pro ct, Phase One Construction Approval,
Gravel Trail Extension
Back~round:
Since 1992, the Federal Way Historical Society and the Friends of the Hylebos have been working with city staff on
conceptual designs for the Cabin Park located at 411 South 348th Street. The open space park property is host to the
historic Denny and Barker Cabin, some of the flIst cabins built in Seattle's Pioneer Square District. The Historic
Society and the Friends of the Hylebos have spent the last several years restoring the cabins for the park's
interpretational program.
August 1, 2000, the City of Federeal Way entered into an agreement with the Historical Society and the Friends of
the Hylebos for the Design, Development and Construction of the Historical Cabin Park.
The City of Federeal Way Community Development has completed its review of the Master land Use Process III
regarding the Cabin Park Project, File number Ol-1O0480-UP. The 14-day public comment period will be complete
on April 16, 200 l. After the public comment period has been completed, Staff will anticipate issuing the grading
permit for the project.
The City of Federeal Way Parks, Recreation and Cultural Service Department have completed the construction
documents for phase one the gravel trail extension and phase two parking lot construction.
Construction Bud~et
The Construction budget is $75,000
The following is a breakdown of the construction project cost estimate:
. Engineer's estimate for the Gravel Trail is $7,500 - $8,000
. Engineer's estimate for the Parking Lot is $l5,000 - $20,000
. Landscaping estimate cost is $10,000
. Signage cost is $5,000
. Contingency: $15,000
Total Construction estimate is $58,000
Construction estimates for the Cabin Park Project Phase One and Phase Two are within the engineer's cost estimate.
Staff Recommendation:
Staff recommends the approval to publicly advertise Phase One Construction of the Cabin Park Project, Gravel Trail
Extension and Phase Two Parking Lot Construction and forward to City Council for fmal acceptance.
Committee Recommendation:
Recommend a "do pass' to full Council for approval to publicly advertise Phase One Construction of the Cabin Park
Project, Gravel Trail Extension and Phase Two Parking Lot Construction.
APPROVAL OF COMMITTEE REPORT:
Committee Chair
Committee Member
Committee Member
ITEM 5.B
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
March 30, 2001
To:
Parks, Recreation, Human Services & Public Safety Council Committee
David M~nager
Jon Jainga, Park Planning and Development Manage~
Skate Park Update - Information only
Via:
From:
Subject:
The following is the latest update regarding the Skate Park at Steel Lake Park:
Background:
September 2000, City Council approved the 90% Construction Drawing for the revised Skate Park
Design.
October 2000, City Council approved the Final Skate Park Design and authorized staff to move
forward with the public bidding process on completion of the Land Use Process I.
Master Land Use Review
Staffhas completed reviewing the engineering documents, plans, and specifications. Staff will begin
preparing the construction documents for the public bidding process.
ITEM S.C
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
CONFIDENTIAU ATTORNEY -CLIENT PRIVILEGED
DATE:
March 30, 2001
TO:
Council member Burbidge
Council member Hellickson
Council member McColgan
David ~anager
Patricia A. ~~dson: Deputy City Attorney ~~
VIA:
FROM:
SUBJECT:
2% for the Arts and the BP A Trail
At the last PRHSPS Council Committee meeting the issue was raised whether the 2% for the
Arts is applicable to the BP A Trail. The BP A Trail is a three-phased project. Two of the phases
have already been completed. The subject contract is for the third phase of the BP A Trail.
The issue whether 2% for the Arts should apply to any BP A Trail contract was initially raised in
1994 for the first phase of the project. The City considered the federal and state funding as well
as the tax implications and concluded that the project was not subject to the 2% for the Arts.
Consequently, the City also did not include the 2% for the Arts in the second phase of the BP A
Trail.
ANALYSIS
The key to the analysis in this matter is the interpretation and interplay of three specific Code
provisions, which set forth the intent of the funding, the definition of a "qualifying capital
. improvement project", and the method of calculation. Federal Way City Code (hereinafter "FWCC")
Article IX of Chapter 2 ~stablishes the art in public places. The fund is created in FWCC 2-300.
The purpose of the fund is to provide funding for art projects. Id. At least two percent for all
"qualifying capital improvement projects" is to be set aside for public art. FWCC 9-302.
Qualifying capital improvement project means projects funded wholly or in part by the City
ofF ederal Way to construct or substantially remodel any public project including buildings.
decorative or commemorative structures, parks, or any portion thereof; provided, however,
that any city funded amount for the acquisition of real property or equipment or for the
demolition shall be excluded for the purposes of the calculation oftotal project cost.
Council
BP A Trail/2% for the Arts
March 29,2001
Page 2 of 2
FWCC 9-301. (Emphasis added).
Generally the courts will first review a law to determine whether it is plain and unambiguous.
Telford v. Thurston CountvBoard of Commissioners, 95 Wn. App. 149,158,974 P.2d 886 (1999).
A law is ambiguous if it is susceptible of more than one reasonable interpretation. Id. When the law
is ambiguous, the courts resort to statutory construction. Id. The primary purpose of statutory
construction is "to ascertain and to give effect" the Legislature's purpose and intent. Id.
As noted in Telford the definition of a qualifying capital improvement project is ambiguous as
evinced by this issue, and thus, the need for an interpretation. Under FWCC 2-300 the intent ofthe
2% for arts is to provide funding for public art. In practice the public art projects are displayed in
public places. The display practice is supported by the definition of a qualifying capital
improvement projects because the language specifically includes structures or places where the
public gathers to view art. Likewise the definition specifically excludes property, equipment or
demolition, which further supports the intent that the 2% for the arts was intended for locations
where the public would gather to view art. Work done in a right of way, on a public road or public
trail do not fit into the intent of a gathering place for the public, and therefore, would not be subj ect
to the 2% for the arts.
Additionally, the Washington Administrative Code for taxes distinguishes construction of buildings
and other structures from transportation projects, which include "walks". WAC 458-20-170 and
458-20-171 respectively. The BP A trail, for tax purposes, is a considered an extension of the
transportation system or a "roads project". Moreover, many road projects, such as the BPA trail,
include funding fTom the Federal government and/or State along with City funds. The City is
prohibited from using the federal or state monies for anything other than the specified road
construction, and the City must specify the amount of monies it will expend towards the project.
FWCC 2-303(1) calculates the 2% for the arts on the contract award amount. The total~contract
awarded will include the anticipated monies from the federal and/or state as well as the monies from
the City. Given the limitations on the expenditures for such projects, it does not make sense that the
Council intended road projects, such as the BP A trail, to be subject to the 2% for the arts funding.
CONCLUSION
The intent of the 2% for the arts funding is intended for buildings, structures and/or parks where
the public can gather. The BP A trail is part of the transportation system and is a roads project. It
is not a qualifying capital improvement project. Furthermore, the Legislative history and past
practice do not indicate that a roads project should be subject to the 2% for the Arts.
Accordingly, the BP A trail project should not be subject to the 2% for the Arts.
cc: Jennifer Schroder, Director of Parks & Rec.
k:\parks\BP A2%arts.mem
ITEM 5.D
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
DATE:
March 21, 200l
TO:
PRHSPS Council Committee
FROM:
Jennifer Schroder, Director
David MO~g"
AMENDING PARK REGULATIONS REGARDING ALCHOLIC BEVERAGES
IN A PUBLIC PLACE
VIA:
SUBJECT:
BACKGROUND
The Federal Way City Code 11-64 criminalizes the possession of an open container of alcohol in a public
park. The 1999 state legislature amended the state law thereby making possession of an open container a
class 3 civil infraction. In order to enforce this change in the state law, an amendment to the Parks
Regulations is required.
The amended language to Section 11-64 of Article II to Chapter 11, Park Regulations is shown as
underline:
Sec. 11-64. Alcohol beverages prohibited
It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened
beverage containers, provided this prohibition shall not apply to organized groups which have secured a
permit from the director and, if required, from the state liquor control board. A violation of this section
shall be subject to the penalties as set forth in RCW 66.44.100. or hereafter amended. as ado?ted bv
reference in Section 6-36.
STAFF RECOMMENDATION
Staff recommends the committee to move for full council approval, the ordinance, amending Ordinance
No. 91-82, Section 11-64 of Article II to Chapter 11 of the Parks Regulations No. 9l-82.
COMMITTEE RECOMMENDATION
Motion to forward the proposed ordinance, amending Ordinance No. 91-82, Section 11-64 of Article II to
Chapter 11 of the Parks Regulations, to the full City Council, with a "do pass" recommendation.
APPROVAL BY COMMITTEE:
Committee Chair
Committee Member
Committee Member
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, W ASIDNGTON, AMENDING ARTICLE
II TO CHAPTERll OF THE FEDERAL WAY CITY CODE
TO ADOPT BY REFERENCE RCW 66.44.100 OPENING OR
CONSUMING IN PUBLIC PLACE (Amends Ordinance No. 91-
82)
WHEREAS, Federal Way City Code 11-64 criminalizes the possession of an open
container of alcohol in a public park;
WHEREAS, during the 1999 legislative session the Washington State Legislature amended
the state law thereby making possession of an open container a class 3 civil infraction; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment. Section 11-64 of Article II to Chapter 11, Parks Regulations,
of the Federal Way City Code is hereby amended to provide as follows:
Sec. 11-64. Alcoholic beverages prohibited.
It is unlawful for any person to use or possess any alcoholic beverage in a park, including
unopened beverage containers, provided this prohibition shall not apply to organized groups which
have secured a permit from the director and, if required, from the state liquor control board.-A
violation of this section shall be subject to the penalties as set forth in RCW 66.44.100, or
hereafter amended, as adopted by reference in Section 6-36.
Section 2. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity of the application thereof to any person or circumstance, shall not
ORD#
, PAGE 1
affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2001.
day of
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \ORD IN\alcoholparks. amd
Revised 3/7/01
ORD#
, PAGE 2
FEDERAL WAY CITY COUNCIL ITEM 5.E
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY
Date:
April 9, 2001
To:
Parks, Recreation, Human Services & Public Safety Council Committee
Subject:
Anne Kirkpatrick, Chief of Police
David M~ger
Office of Justice Programs Bulletproof Vest Grant
From:
Via:
Back~round: In 1999 and 2000, the Department of Public Safety was awarded $10,692.66 and
$10,902.20, respectively from the Office of Justice Programs (OJP) to fund and purchase 50% of the
cost of bulletproof vests. The Department earmarked funds from our Training Budget to offset the
required 50% local match. This opportunity is available again, the deadline is April 14, 2001. We
will again, offset the required 50% local match from our Training Budget.
In 1999, we purchased Threat Level III vests from Protective Apparel Corporation of America
(P ACA). This purchase provided half of the Department's vest replacements with the intent to
purchase the remaining vests in 2000.
During the year, it became apparent that the P ACA vests were not appropriate for our needs. The fit
was inadequate and PACA did not make a female vest. Consequently, the female officers had a
choice to wear their existing vest or wear the PACA men's fitted vests. The Department has
identified a second manufacturer, Second Chance Body Armor. They provide a more favorable vest
with a slightly higher threat level, as well as a female fitted vest. The Pierce County Sheriff s Office
has already successfully negotiated a contract with Second Chance through a bid process and we
have an interlocal agreement with Pierce County.
The Department is in negotiations with P ACA to return unused vests. The Department will use the
2001 award to fund the remaining half of the Department's vests.
The Department is requesting authorization to purchase the Second Chance Vests using the 2000
Bulletproof Vest award and Training funds to offset our local match. Approximate costs are
$21,804.40.
Committee Recommendation:
Motion to approve and accept this request to purchase the Second Chance Vests using the 2000
Bulletproof Vest award and Training funds, and forward to full Council for consideration at its
April 17, 2001 meeting.
"
,
APPROVAL OF COMMITTEE REPORT:
Committee Member
Committee Member:
Committee Chair
i/lc/agenda/ps/04090 l/bulletproof vests 2000 & 200 1