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PRHSPSC PKT 08-25-1998 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Tuesday, August 25, 1998 7 :00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF AUGUST 10, 1998 SUMMARY 5. COMMITTEE BUSINESS A. B. C. D. E. F. Lake Killamey Park Development Bid Award Communication Facility/Sacajawea Park 1999 CDBG Recommendations Police Services at High Schools Legislative Agenda and Position Paper BP A Trail Phase III Action Action Action Action Information Verbal Jainga Schroder Guenther Wood Matheson J ainga 6. NEXT MEETING - September 14,1998,5:30 p.m. 7. ADJOURNMENT Committee Members: Jack Dovey, Chair Jeanne Burbidge Linda Kochmar Staff: Jennifer Schroder, Director Sue Floyd, Administrative Assistant 661-4041 City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, August 10, 1998 5:30p.m. City Hall Administration Conference Room SUMMARY In attendance: Council Committee Chair Jack Dovey; committee members Linda Kochmar and Jeanne Burbidge; Staff: Jennifer Schroder, Director of Parks, Recreation and Cultural Services; Valerie Petrie, Assistant City Attorney; Greg Moore, Director of Community Development Department; Ann Guenther, Human Services Manager; Sun So, Administrative Assistant; Terry Zimmerman, Interim CDBG Coordinator; Sue Floyd, Administrative Assistant; Parks and Recreation Commission member Barbara Reid; Human Services Commission Chair Lisa Welch; Dini Duclos, South King County Multi-Service Center; Dale Ashbridge, Habitat for Humanity of South King County; Jim Dion, King County Housing Authority; Richard Bye, Human Services Commission member; Sonjia Rainsberry, Valley Cities Counseling; Deborah Coates, Economic Development Executive; Trish Cocker, Community Health Centers of King County Chair Dovey called the meeting to order at 5:30 p.m.. PUBLIC COMMENT Barbara Reid distributed a newspaper article on parks in Federal Way compared to other cities. Dini Duclos thanked the Human Services Commission for recommending CDBG funding for the South King County Multi-Service Center. Jim Dion expressed his appreciation for the Human Services Commission's support of the King County Housing Authority CDBG project. Deborah Coates urged the committee to reconsider CDBG funding for the downtown revitalization project. Ms. Coates felt that the project falls within CDBG guidelines. Sonjia Rainsberry thanked the Human Services Commission for the CDBG funding recommendation for transitional housing in Federal Way. Trish Cocker thanked the Human Services Commission for recognizing the importance of dental care for low income residents. APPROV AL OF JULY 27, 1998 SUMMARY JEANNE BURBIDGE MOVED, LINDA KOCHMARSECONDED A MOTION TO APPROVE THE JULY 27, 1998 SUMMARY AS WRITTEN. MOTION PASSED. BUSINESS ITEMS 1999 COMMUNITY DEVELOPMENT BLOCK GRANT RECOMMENDATIONS Ms. Guenther reported that CDBG applications were received for CDBG funding, totaling over $1.2 million in requests The Human Services Commission has recommended 12 of the 15 applications for a total funding request of$578,463, and $73,133 in planning and administration. The total amount of 1999 CDBG funds allocated to the City from HUD through the King County CDBG Consortium is $651,596 (estimated). The allocation is divided into three categories: 1) Public Service ($83,538); 2) Capital Projects ($494,925); and 3) Planning and Administration ($73,133). The City accepts applications for the public service and capital projects categories. Planning and administration funds are used for operation of the City's CDBG program and for special planning projects. HUD requires a contingency plan if cuts are needed or if additional funds are available. After the Commission finalized their recommendations and contingency plan, revised estimates from King County were received. The revised estimate is $93,362 higher than thè original Parks, Recreation, Human Services & Public Safety Council Committee August 10, 1998 Summary Page Two estimate of $558,234. As a result of the revised estimates, adjustments were made to the three categories. Under the Public Service category, the CARES program received an additional $17; under the Capital Projects category, there was a $94,283 increase and as a result, two additional programs received recommended funding: South King County Habitat for Humanity ($40,000) and the Mental Health Housing Foundation ($54,283). Ms. Welch noted that each application was reviewed by the Commission with staff and on their own, and all applicants were interviewed. The Human Services Commission recommends accepting the recommended funding as presented. Seven of the 11 capital projects applications were recommended for full funding. The Commission recommended not funding the Chamber of Commerce/downtown revitalization project and Seattle Habitat for Humanity. The Commission denied the Chamber of Commerce due to lack of diverse funding base; unclear impact on low and moderate income residents and low priority within overall downtown plan. Additionally, the Chamber's request was sizable ($225,000, which is almost one half of the total funding available). Seattle Habitat for Humanity was denied due to unclear project scope/roles, amount of request, and lower priority in comparison to other applications. JEANNE BURBIDGE MOVED, LINDA KOCHMAR SECONDED A MOTION TO APPROVE THE PUBLIC SERVICE CATEGORY AND CONTINGENCY PLAN AS RECOMMENDED BY THE HUMAN SERVICES COMMISSION AND FORWARD TO FULL COUNCIL. MOTION PASSED. JEANNE BURBIDGE MOVED, LINDA KOCHMAR SECONDED A MOTION TO APPROVE THE PLANNING AND ADMINISTRATION CATEGORY AS RECOMMENDED BY THE HUMAN SERVICES COMMISSION AND FORWARD TO FULL COUNCIL. MOTION PASSED. IT W AS MOVED AND SECONDED TO MOVE THE CAPITAL PROJECTS CATEGORY TO THE AUGUST 25,1998 MEETING FOR FURTHER REVIEW. MOTION PASSED. Council committee members will forward all questions regarding the Capital Projects category to Ann Guenther on this category by Thursday, August 13. NEXT MEETING Tuesday, August 25, 1998, 7:00 p.m. ADJOURNMENT The meeting adjourned at 6:25 p.m. Item SA CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: August 19, 1998 From: y;'l Jon Jainga, Park Planning and Development Manager Lake Killarney Park Development Bid Award Subject: Back~round: On July 6, the Lake Killamey Park Development Project went out to bid. Deadline for submittal of bids was July 20; however, no bids were received. Staffre-bid the project on August 3, with bids due on August 19 at 10:00 a.m. Five bids were received. Attached is the bid tabulation summary. Staffs recommendation of the lowest responsible, responsive bidder will be presented at the committee meeting. LAKE KILLARNEY PARK DEVELOPMENT RFB#98-113 BID', BID'2 BID It3 BID'4 BID'5 Vendor Name ---> OHNO CONSTRUCTION GOLF LANDSCAPE, INC. A-I LANDSCAPING & CONST CLEMENTS BROS, INC. FUJI INDUSTRIES, INC. Engineer's Estimate Location ___n____> Seattle WA Auburn WA Snohomlsh WA Bonnev Lake WA Milton WA Total Total Total Total Total Total Base Bid 201,466.00 198,000.00 269,910.00 262,022.40 344,200.00 249.452,11 Addnlve Alternate #1/Timber Boardwalk 70,948.00 104,000,00 64,520.00 116,366.40 51,600.00 98.659.00 Additive Alternate #2/Drinking Fountain 4,106.00 4,000.00 3,520.00 5,131.25 7,500.00 4,175.00 Addnive Alternate #3IPlant Materials 25,949.00 6,500.00 18,350.00 15,250.00 12,870,00 24,226.70 State Sales Tax @ 8.6% 26,012.33 26,875.00 30,641.80 34,294.22 35,790.62 32,380.10 '.""""."~ ., ,. "',. . 328481;33. 339375.00 . 386941;80 . 433064.27 . 451 960ò62 408892.91 Conies SUbmitted ONE ONE ONE ONE ONE Bid Simature SIGNED SIGNED SIGNED SIGNED SIGNED Bid Bond YES YES YES YES YES Addendlrns N/A N/A N/A N/A N/A References N/A N/A N/A N/A N/A Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: August 18, 1998 .,~' "(Y Jennifer Schroder, Director !.!~) Parks, Recreation and CultUral Services From: Subject: Wireless Telecommunication Facility at Sacajawea Park Backeround: US West Wireless is requesting approval to install a cellular antenna facility at Sacajawea Park. The proposal is to mount two antennas on top of a ballfield light pole. The proposal includes expanding the existing concession building to house the ground equipment, and replacing the existing light pole with a new pole. The proposal to utilize the park's field light pole and expansion of the concession building would not change the park's current use. Committee Recommendation: 1. Motion to direct staff to begin negotiation for a lease agreement with US West Wireless for a telecommunications facility at Sacajawea Park. 2. Motion to disapprove a telecommunications facility at Sacajawea Park. APPROVAL OF COMMITTEE REPORT: # Committee Chair Committee Member Committee Member existing ~ e Sea 1 23 PB ARCHITECTS SEATTLE proposed l l .-_u_m-..m- m_JOl B_i\IIEEY5TREET SEAULEL'ò't\Sl!HLGlQ1L'1.8ì2_L____- ph 206 443.9790 ---------- u_----- - fx 205 443.9875 - /~' , -' "~' ,;v N N 0 0 0'> 0'> .t- .t- .A. .t- v.> v.> \D '" 00 " " \D '" 0, IW ;0 IW io::¡ ::> ;-; ~ 1m ;:::0 ¡-< kJ, i-1 1:::0 m m ~-1 IV> :m ::> :-1 !-1 ìr- TT1 ¡:::;;: >- IV> ':r: ~ ¡Z Ç) -1 0 :2 II.D IQ:) ,N (J) <D 0 ",(""',;.... .~....,~'" ,. :. (~ ~';:,.<",;,J (!) X V> -+' ::¡ <0 ---' I'V úJ -0 {p :Þ ::;J;J n .:r: "D --I m n -----i V'> -. V) m :Þ --I --I r- m 0 D 0 V> <D 0.. Item 5C CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: August 18, 1998 Ann Guenther, Human Services Manager tf.!::J--- From: Subject: 1999 Community Development Block Grant (CDBG) Recommendations for Capital Projects Backqround: At your August 10 meeting, the Committee reviewed the Human Services Commission's recommendations for 1999 CDBG Funding. At that meeting, the Committee approved the recommendations for the Public Services projects, the Contingency Plan, and CDBG Planning and Administration. The Committee tabled the Capital project recommendations, and requested more information about several of the proposed Capital projects. The Committee will resume review of the CDBG capital project recommendations at the August 25 meeting. The Committee will also take action on the Capital project recommendations, in preparation for the full City Council meeting on September 1, 1998. The Committee requested more information regarding the following projects: Greater Federal Way Chamber of Commerce, Mental Health Housing Foundation, Parkview Group Homes, Ruth Dykeman Children's Center and Valley Cities Counseling and Consultation. Below is a summary of the questions and answers regarding the housing projects. The information requested regarding the Chamber's Downtown Revitalization project is attached. I will be at your August 25 meeting to answer questions you have about the CDBG Capital projects. Please call me at (253) 661-4039 if you have any questions before the meeting. Mental Health HousinQ Foundation 1. Provide an estimate of the residential breakdown of the clients you expect to serve through this program. What percentage of your client population will come from Federal Way and what percentages of your clients will come from other cities? . The agency states that 100% of the clients served in the program will be Federal Way residents. 2. Describe how you decided which cities to request funding from for this project? How did you decide how much funding to request from each city? Did you consider requesting funds from other South King County cities for this project? Why or why not? Since all of the clients served in this program will be Federal Way residents, the agency did not request funding from other cities. The agency does have housing units for chronically mentally ill clients in Auburn, Renton, and Kent and has received funding from those cities for those projects. 3. Given that the project has been recommended for a lower level of funding than you requested, do you anticipate that you will continue with the plan of purchasing ten condominium units in Federal Way for chronically mentally ill residents? If yes, how will you raise the balance of the funding needed for the project? If no, how many do you anticipate developing? In what time frame? The agency will continue their plan of purchasing ten condominiums in Federal Way. In the next nine months, the Mental Health Housing Foundation will seek additional funding from the State and King County. 4. If you develop less than ten units, will that have a negative impact on your other funding sources for this project? The agency does not expect to purchase less than ten units. 5. Describe your experience in housing development for low and moderate income special needs populations. How many units have you purchased and developed for special needs housing in the past five years? Where are those units located? The Mental Health Housing Foundation has extensive experience developing affordable housing for chronically mentally ill persons. In the past five years, the Foundation has developed 38 affordable housing units for chronically mentally ill persons. These units include: four single family homes in Auburn, one triplex in Renton, fifteen apartment units in Kent and sixteen apartment units in Redmond. (The City of Federal Way contributed $11,183 in 1997 CDBG funds to the project in Kent. The facility opened in the fall of 1997.) 6. Describe how do you will work with the neighborhood/condominium association in notifying them of intended use of the units you will be purchasing? The condominium complex the Foundation is working with in Federal Way is the Liberty lake Condominiums, 31003 14th South. Some of the units in the complex have already been used for transitional housing for mentally ill persons, with a federal grant. The federal 2 3. funding for the program has reduced and the number of units has been decreased. The Foundation has already discussed their plans for this project with the homeowners' association and has addressed a number of the association's concerns about the program. The Foundation will continue to work with the homeowners' association as plans develop. Parkview Group Homes 1. Provide an estimate of the residential breakdown of the clients you expect to serve through this program. What percentage of your client population will come from Federal Way and what percentages of your clients will come from other cities? The three individuals for the house to be located in Federal Way are coming from the downsizing of the state institution, Fircrest, which is located in the City of Shoreline. Fircrest is one of two institutions in Western Washington, thereby accepting individuals from throughout the region. These individuals have been at Fircrest for as long as 30 years, and their families are requesting that they move to South King County. 2. Describe how you decided which cities to request funding from for this project? How did you decide how much funding to request from each city? Did you consider requesting funds from other South King County cities for this project? Why or why not? . The overall project is to acquire five houses in South King County, one each in the cities of Federal Way, Auburn, Des Moines, Kent, and Renton. The specific cities were chosen by -- the individuals moving, families, guardians, work opportunities, available support service agencies and/or roommates. The agency's funding request was based on their King County award of $375,000 in Housing Opportunity Funds and $112,500 in CDBG funding. This CDBG funding breaks out to $22,500 per house per city for the five houses. The agency is requesting that each city match the County's CDBG award. Clarify the location of the home. Will the home be located in Federal Way or in another South King County location? The agency plans to acquire a three-bedroom home in Federal Way, which will house three developmentally disabled persons. 1. Ruth Dykeman Children's Center Provide an estimate of the residential breakdown of the clients you expect to serve through this program. What percentage of your client population will 3 come from Federal Way and what percentages of your clients will come from other cities? The total number of individuals served by the agency 1997 was 224" The agency serves up to 32 children, youth and their families at a given time. R h D k Ch"ld , C t 1997 C d b C't fR "d ut 'VI eman I ren s en er, ase oa )V uy 0 esl ence City Number of Children Served Percentage of Caseload Burien and SeaTac 51 23% Renton 20 9% Federal Way 17 8% Bellevue 14 6% Des Moines 10 4% Beacon Hill/Georgetown 9 4% Outside King County 12 5% Unknown 37 16% Other Communities in King 54 25% County 2. Describe how you decided which cities to request funding from for this project? How did you decide how much funding to request from each city? Did you consider requesting funds from other South King County cities, such as Des Moines and Auburn? Why or why not? . Ruth Dykeman Children's Center has submitted CDBG capital applications to Kent, Renton (which has approved $15,000), and SeaTac, in addition to Federal Way. Tukwila did not provide an opportunity to apply for CDBG funding. The agency is currently waiting to hear about the City of Burien's capital application process. Each City is being asked for the same amount. County-wide participation is reflected by $300,000 approved by the King County Housing Opportunity Fund for the new transitional home. The agency considers the residential treatment programs to be a regional resource, and thus cities throughout South King County are being asked to support the project. In this way, dollars granted by one entity can leverage dollars through other public and private sources. Vallev Cities Counselinq and Consultation 1. Provide an estimate of the residential breakdown of the clients you expect to serve through this program. What percentage of your client population will 4 come from Federal Way and what percentages of your clients will come from other cities? The agency plans to purchase and renovate a single family dwelling to serve as a transitional supportive housing facility for six young adults with mental illness disorder. The agency plans to purchase a home in Federal Way and serve South King County residents. It is expected that 25-35% of the residents served in this housing facility will be Federal Way residents. Currently, the agency serves more than 300 Federal Way residents in their mental health counseling programs. 2. Describe how you decided which cities to request funding from for this project? How did you decide how much funding to request from each city? Did you consider requesting funds from other South King County cities for this project? Why or why not? The agency plans to apply to all of the South King County cities they serve. The agency has applied to the following cities for 1999 CDBG Capital funds: Auburn ($20,000), Renton ($20,000), SeaTac ($20,000), Enumclaw ($20,000), and Des Moines ($20,000). The agency plans to apply to the City of Kent for 2000 CDBG Capital funds. The agency's methodology in requesting particular amounts of city funding was based on several factors including location, current client caseload, and geographical trends within their client population. 3. Clarify location of home. Will the home be located in Federal Way or in another South King County location? The home will be located in Federal Way. Committee Recommendation: 1) Approve the 1999 Community Development Block Grant Recommendations for Capital Projects, as presented by the Human Services Commission. Forward the recommendations to the full City Council for approval on September 1, 1998. 2) Approve the 1999 Community Development Block Grant Recommendations for Capital Projects, as modified by the Council Committee. Forward to the full City Council for approval on September 1, 1998. APPROVAL OF COMMITTEE REPORT: Committee Member Committee Chair Committee Member 5 r;~i:, Detre.t O~~ J:::"""With the Oty of ~ 0 Federal Way and ('t) U Federal Way...", - ~~~ ~C~ ,..'"",; ,,: ",;"",; MEMORANDUM To: From: Date: RE: Parks, Recreation, Human Services and Public Safety Committee Debra S. Coates, Economic Development Executive August 17, 1998 CDBG Supplemental information Thank you for your consideration of the grant request to create an International District to support our low-middle income residents, struggling ethnic businesses and community. There was a high level of competition for these grant monies. The decision of how to allocate funds must be very difficult as all the requests merited consideration. Knowing that the allocations have been made makes pursuing your reconsideration of the International District grant all the more difficult. Because this district will have such a marked impact on our community, it is important to pursue this opportunity. This grant request meets not only the stated funding requirements and the goals of the comprehensive plan and downtown revitalization program, but more importantly provides a growing segment of our population the tools with which to help themselves. I am available at any time to answer questions. Your time and thoughtful consideration of this project is very much appreciated. ~\(, De"e~ . o~~~ r:::. With the CIty of ? 0 Federal Way and . Ct) U ~Federal Way t::t ~ Chamber. ,..,. fÇomme ~C~ INTERNATIONAL DISTRICT PURPOS~ . 1) To create pedestrian safety and accommodate physical safety impròvements for the low-middle income senior and non-English speaking ethnic populations. This special needs population and the surrounding pedestrian population approximates2¡660, of which 55% are low-middle income. 2) To create an environment where citizens do not have to leave their community to recognize the benefit of international. business. 3) To support the existing businesses within the target area; to retain businesses, recruit businesses and create employment opportunities targeted at those who have English as a second language. FOCUS: Low.;middle income families and senior citizens in the immediate area; families who do not speak English and have difficulties shopping outside the international district area. and who cannot travel into Seattle; the community and surrounding ethnic communities. LONG TERM GOAL: To incorporate the contiguous Federal Way School District facility into an integral component of the International District to accommodate expansion and provide opportunities for small, local businesses. To develop a Hachinohe products store and provide imporUexport opportunities for local businesses. ~~c De\Tet g~\ 0 Federal Way and ~ U Federal Way......... """ ~~:;; ~C~ . ¡i~f;?~'.iJ'r ,', '" ',/ ". "; ~ ' INTERNA TlaNAL DISTRICT COMMUNITY DEVELOPMENT BLOCK GRANT Supplemental Information Prepared for: Council Committee Prepared by: Debra S. Coates Initial Grant Request: Matching and In-Kind: Total Cost of Task: Estimated Project Construction Expenses: Signage on 312th, 316th and SR99 Creating pedestrian path 312th - 316th Landscaping of pedestrian path Unique district lighting Metro bus kiosk international artwork International District Gateway International banners Pocket park Directional signage Project Construction: Estimated Project Administration Expenses: Staff Office Supplies Communication Office Space Computer Project Administration Total CDBG Request: $225,000 175.000 $400,000 $ 5,000 50,000 15,000 40,000 5,000 10,000 6,000 50,000 2.000 $183,000 $ 22,000 3,000 6,500 7,500 3,000 $ 42,000 $225.000 ,-¿ c- o' ,. II'I.,.'L ~l7'lcr ~ '~'jt. ~ebt~'6N PATH -1 t U"~ pi N~ L\~h-tt~ DI <I) -rr t (.. or GA TU»Y 1 N fS ~ [þ; I NT)L bI!>1T"KT ~~~ Item 5D CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: August 19, 1998 Philip D. Keightley, Deputy City Manager@ From: Subject: School District Contract for Police in Two High Schools Backeround: The attached August 12, 1998 letter from Federal Way Public Schools proposes an interlocal agreement for the City to provide a police officer at Decatur High School and another officer at Federal Way High School for the present salary and benefit cost ofthe two campus security positions now vacant starting September 1, 1998. The estimated cost of each officer is about $62,000 per year. The anticipated School District reimbursement is $32,000 per officer per year. The net cost to the City will be about $30,000 per officer per year or $60,000 for two officers per year, which will be funded by the general fund. We would apply for grants to help defray initial costs. For example, COPS grants provided $25,000 per officer over three years, which is $25,000 per year per officer. With a COPS grant, we would cover all but $10,000 per year for two officers. School District Superintendent Tom VanderArk and Chief Ron Wood will attend the August 25 committee meeting and will provide additional information. The City Council may wish to consider action on the concept on September 1, 1998. 2. 3. Committee Recommendation: 1. Motion to approve negotiations to enter into an interloca1 agreement with the School District for police services. Motion to move this item to the September 1 City Council meeting for discussion as a whole. Recommend not entering into an interlocal agreement with the School District at this time. APPROVAL OF COMMITTEE REPORT: # Committee Chair Committee Member Committee Member CITY OF FEDERAL WAY [ AUG 1 8~~~ CITY MANAbFRS (JrrICE Federal Way Public Schools August 12,1998 Mr. Kenneth E. Nyberg, City Manager City of Federal Way 33530 1st Avenue South Federal Way, Washington 98003-6221 Mr. Nyberg: Members of our organizations have for sometime discussed the potential for an "SLO" (School Liaison Officer) program. Conditions now confronting the schpol district suggest that the timing is right to implement suCh a prpgram 9t the high-school level - on an interim basis. I was informed last week that the Decatur High School Campus Supervisor seeks not to return to work September 1. DlJe to a personnel transfer Federal Way High School also has a vacancy at the same position. TWO of our four high schools now need campus security positions. Had we previously agreed to implement an SLO program our qesire would hpve been to do so incrementally, with considerable and timely notice, and initially at high school sites. We prefer not to displace existi(1g personnel anq to gain modest insight into th~ program's process by "going slow" in such an implementation. Such an opportunity now presents itself, naturally. Time constra(nts are however critical. School begins September 1. The budgets of Decatur and Federal Way High $chools (commencing 9/1/98) allocate $180 dollars per-school-day to campus supervisor wages and benefits. On an interim basis, until a formal agreement of broader scope can be negotiated between us, we offer this equivalent amount to the City of Federal Way (police) for full-time campus policing and security services at these two high schools each school day. We propose that ninety school days be agreed to as an interim period. This timeframe permits us to mutually identify and negotiate terms and conditions of a formal agreement, and provides a reasonable interval of time for the district to deliberate the labor and personnel im~lications compelled by such an agreement. The ninetieth school day occurs on January 27 h, 1999. The table below reflects the rate of compensation for the ninety-day period, based upon the number of school days in each month, at $180 per school day: '. Month School Days ?':~j¡it¡jø,caiú¡ Hs Federal Way HS ~~~:, :~:Mòiìfhr ::;tòtal ,, " " '" . .. " ,.. Yo .. .. - .... - .- .. ¡Séptemoèr:, , 2 1 ,,:,::':"'>'$'3,780' $ 3 780 "":"~-'::$,'t"560~":" ' ',:' :::;:,,~:::,}:, ',' '., " ' ,,:'?',;.~)6;$~l~~ó:::;:'::,:;. :~OCtOber'.';; , " 2 1 ><'<"':'$"3780"" $ 3, 780 "'::";"!' " ' November. ' 1 8 . "::';):¿$.'ß,240' $ 3 240 "':"':':$"'6;~80" , .." .." ", i~. " December 1 4 :~~;'\;.i-~~-~;~~.g,~., $ 2 , 520 ,;Ù~¿.;~~;~~gj.:....: :¡~~'i1Û~rý.',{;,J:, ..~': 1 6 $ 2 , 880 f.,;GfändTòtalsè~' . 90 "!'M;f:~2:$~:.1.6;~OO : $ 1 6, 200 ?Y:i;;~'~\$32:400 ',' ... Mr. Nyberg, August 12, 1998 The district cannot, by law, pay for servicès in aQvance of their receipt. Upon your invoicing of each school monthly or at the end of the gO-day period we will reimburse the City of Federal Way for services pursuant tQ this letter of uflderstanc;iing. To simplify and exp~dite this agreement, should you find it qcceptable, yo~ may simply reference your acceptance and signature to this page. Jt will then be considered a letter of understanding between us, with Çm effective date of September 1. Yol)r acceptance will prompt our actual negotiation of complete and formal terms/conditions within nin,ety school days. The district is esPßcially interested in the ~election proçess and attribute~ of persons selected for campus positions, and h~s conc~m for potential reassignments based upon police department needs pnd tho~e of thß distriçt. At the end of our school yepr last spring, your police department assisted'lJs greatly by assigning an officer tQ Federal Way HiQh School as their campus supervisor was on medical leave. Should the agreement sought in this letter not be possible by September 1, we ask for consideration in ?lssigning police officers to both Federal Way and Decatur high schools on September 1. We (afld you) would prefer the continuity and training efficiency gained by having the same officer assigned every-oay. Until that might happen we could live with the alternative. This form of "partner~hip between police and schools has become commonplace in many "metro/suburban cities. The trend is quite evident There is much for the community to gain in the efficiencies produced, the services consolidated, and the knowledge shared. More students will too come to view their police as both professionals and people. We look forward to working with you in providing improved and more efficient services to our broader community while enhancing the security and safety of our campuses. Thank you for your consideration - we anxiously await your reply. . . Respectfully, /2l! / tu:cdi Thomas J. VanderArk, Superintendent Federal Way Public Schools 31405 18th Avenue South Federal Way, Washington 98003 CC: Tom Murphy; Assistant Superintendent Carla Jackson; Director of Human Resources Michael St. Louis, Principal; Federal Way High School Jerry Millett, Principal; Decatur High School Mike Sweeney; Security Services Manager (FWSD) 2 Item 5E MEMORANDUM FROM: Parks, Recreation, Public Safety, and Human Services Committee Derek M. Matheson, Assistant to the City Manag&:èf'J' TO: DATE: August 18, 1998 SUBJECT: 1999 Legislative Agenda & Position Paper Attached for the Committee's review and comment is the staff proposed Legislative Agenda and Position Paper for the 1999 Legislative Session. The proposed Position Paper includes all issues on which the City may wish to take a position during the next legislative session. A subsection of items in the Position Paper that are likely to receive greater City attention during the legislative session are marked with an asterisk and cross-listed on our Legislative Agenda, which will be shorter and more effective than in past years. New additions to this year's Position Paper include: ~ Assumption of special purpose districts Abolition of Boundary Review Boards A position on Conservation Districts Support for continued distribution ofMVET funds to cities (or an acceptable substitute) Local government involvement in salmon issues City-supported changes in the labor contract arbitration process Limiting of employer liability for reference checks Economic development funding Immunity for the Year 2000 Problem ~ ~ ~ ~ ~ ~ ~ ~ Specific policy areas of interest to the Parks, Recreation, Public Safety, and Human Services Committee could include sections on Social and Human Services; Law and Justice; and Transportation, Parks, and Infrastructure. The Legislative Agenda and Position Paper was reviewed by the Land Use and Transportation Committee on August 17 and will be reviewed by the Finance, Economic Development and Regional Affairs Committee on August 25. The LUTC made no formal recommendations for amending the document, although some concerns were discussed during that committee meeting: 2 ~ Assumption of Special Purpose Districts. page 4. Discussion about the extent to which the existence of special purpose districts is truly inconsistent with the Growth Management Act (GMA), and whether the reference to the GMA should be replaced with a reference to Countywide Planning Policies. ~ Growth Management Act. page 5. Discussion about the level of support Federal Way should provide for the GMA, given GMA's impact on local control. ~ Boundary Review Boards. page 5. Discussion regarding removing the last sentence, which refers to BRBs and political pressure. ~ Technical Amendments to Comprehensive Plans. page 6. Discussion regarding whether more frequent amendments to comprehensive plans is in the best interests of cities, and whether Federal Way should advocate a thorough legislative analysis rather than a particular policy position. ~ Child Care. page 7. Discussion as to whether Federal Way should support budget enhancements for a state agency as a means of achieving desired policy outcomes ~ Drug Seizure Funds. pap;e 8. A question was asked about the current allowed uses of drug seizure funds and whether it is appropriate to expand these allowed uses. Staff is currently researching this issue and will be prepared to provide information to the Committee if desired. It is anticipated that the Finance, Economic Development, and Regional Affairs Committee will place the staff-proposed Legislative Agenda and Position Paper on the September 15 City Council agenda - along with input received from all Council committees - for final discussion, amendment, and adoption by the City Council on that date. . City of Federal Way Legislative Agenda 1999 Legislative Session Draft 8/12/98 Motor Vehicle Excise Tax Federal Way opposes any redirection of the Motor Vehicle Excise Tax (MVET) that restricts or lessens MVET support for local programs unless equal revenues that accommodate inflation are substituted. Current MVET -funded programs include sales tax equalization, public health, criminal justice, the Municipal Research and Services Center (MRSC), and transit and transportation funding for cities. Assumption of Special Purpose Districts The existence of multiple urban service providers inside urbanized areas is inconsistent with the values of the Growth Management Act, which states that cities are the appropriate providers of urban services in these areas. The City therefore supports legislation which simplifies and clarifies the circumstances under which a city may dissolve and assume jurisdiction over a special purpose district, and opposes any legislation that would diminish that authority of cities - especially within Potential Annexation Area (P AA) boundaries. Conservation Districts The City supports efforts to conserve natural resources within the city and within the region as a whole and, where appropriate, supports the use of conservation districts to fund and provide conservation related improvements that are not provided by local government. The City does not support, however, special assessments which duplicate assessments imposed by a city for conservation purposes and which do not provide additional benefits to properties within the city. The City therefore opposes any legislation that would mandate inclusion of a city or properties within it in a conservation district. Capital Facilities Planning Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and counties. Boundary Review Boards The City supports elimination of Boundary Review Boards. These non-elected boards have been rendered obsolete by Potential Annexation Area (P AA) planning under the GMA. Further, these boards have a history of bowing to political pressure and contradicting specific GMA provisions and values. 1 Liquor Licenses Federal Way strongly supports any efforts to make the commercial liquor license application process more accessible to the public, A public hearing process would improve access by the community and would encourage greater input and comment from all interested parties. In addition, liquor license applications should be make available for public inspection and subsequent written comment at the local level. Applicant would need to place a public notice in paper advertising the license and the availability of application materials, Liquor Control Board The state should conduct a performance evaluation/audit of the liquor control board as it relates to its mission of regulating liquor for the sake of our state's communities. The Legislature should restructure/reaffirm Liquor Control Board as mandated by audit. Adult Retail Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult retail establishments on their communities by adopting strict requirements for location and hours of operation. Secondary impacts have been documented by a number of studies and include increased criminal value, diminished neighborhood character, and downward pressure on property values. Salmon Issues State initiatives related to salmon habitats should contain local components that recognize the vast diversity of conditions across the state. In addition, all state initiatives and processes related to salmon should include meaningful input ftom local government. Telecommunications Federal Way continues to strongly oppose legislation which would preempt local authority over such items as pole attachments, cellular tower siting, cable reftanchising, and telecommunications charges. Federal Way supports legislation that protects the right of local government to assess ftanchise and other fees, to negotiate franchise agreements, and exercise other controls on the operation of telecommunication business in the public rights of way. 2 City of Federal Way Position Paper 1999 Legislative Session Draft 8/12/98 General Policy The City of Federal Way supports state legislative efforts to encourage cost-effective regional policy planning and delivery of government services, balanced by local program implementation. These efforts must be focused on eliminating duplicate services and preserving local control over service delivery. The City also supports legislation which enhances local flexibility to address issues of local concern. The City opposes legislation which mandates increased local costs or which results in an inappropriate diminution of local authority over local affairs. General Local Government Home Rule The City of Federal Way strongly supports the adoption of a constitutional home rule amendment which would guarantee decision-making authority for local matters at the local level. The City also urges the Legislature to refrain from enacting legislation that adversely impacts the concept oflocal self-government or restricts the ability of cities and towns to exercise existing power. Mandates All local governments have been impacted by the elimination and reduction of various federal domestic aid programs. Changes at the state level have also affected local government revenue options. Equally important are the growing number of mandates passed from the federal and state governments to local governments; mandates which are not accompanied by additional resources. Delivering public services requires a strong state-local partnership, and local revenue needs must be recognized when new programs are enacted or if the state revenue system is restructured. As directed by Initiative 62 (RCW 43.135.060), Federal Way strongly urges the Legislature to cease imposition of additional financial or operating burdens on cities unless such mandates are compelled by an overriding state interest and are accompanied by financial resources to accommodate the costs of compliance, Year 2000 Problem Federal Way supports legislation that would protect local governments and their elected officials! employees from liability and harm caused by incorrectly calculated or interpreted dates associated with the Year 2000 (Y2K) Problem. Finance and Economic Development State Fiscal Policy State Tax Roll BacklExpenditure Limitation Efforts Federal Way receives significant support ITom state-collected, locally-shared revenues. As such, the City opposes efforts to alter state fiscal operations unless they enhance City receives (*) Motor Vehicle Excise Tax Federal Way opposes any redirection ofthe Motor Vehicle Excise Tax (MVET) that restricts or lessens MVET support for local programs unless equal revenues that accommodate inflation are substituted. Current MVET -funded programs include sales tax equalization, public health, criminal justice, the Municipal Research and Services Center (MRSC), and transit and transportation funding for cities. . Public Works Trust Fund The Public Works Trust Fund benefits many local governments with dependable, long term funding for repair and reconstruction of local public works systems. The Legislature is now required to approve an annual list of projects, but has never deleted a project recommended by the Public Works Board. Federal Way supports eliminating the Legislative approval requirement for annual distribution ITom the Public Works Trust Fund. Expediting the approval process would facilitate the construction of these projects by the summer construction season. Continuation of Grant Programs Federal Way opposes any erosion in its financing sources and strongly encourages the Legislature to maintain Criminal Justice Funding and other grant programs which support local program operation. Local Finance Sales Tax Exemption for Parks and Cultural Arts Facilities Construction Labor costs for the construction of road, street, and trails projects are currently exempt ITom state and local option sales taxes. Federal Way supports extending this exemption to all voter-approved capital improvement projects. Tax Increment Financing Tax increment financing allows cities to pay for the inftastructure costs related to development or redevelopment projects by earmarking the tax revenues attributable to the increase in tax receipts over current receipts in the apportiorunent district. The tax increment would be dedicated to paying the debt service on the bonds issued. After the bonds have been retired, the tax increment would be distributed in the same manner as other non-increment property taxes. The overriding benefit of tax increment financing districts would be to 2 facilitate quality and comprehensive development, and redevelopment of our community. Federal Way thus supports efforts to amend the state constitution as necessary to accomplish a tax increment financing program. Voted Excess Levy for Capital Improvement Bonds Municipalities should be authorized to seek voter approval for an excess property tax levy to fund capital facilities projects. The levy could be used for projects on a pay as you go basis or for debt service on bonds. The levy would not be tied to one project, but could be used to realize any of the projects in the adopted facilities plan. The bonds would be unlimited general obligations of the City. Voter approval would be by simple majority. Benefits of this option include the development of a comprehensive community tax policy to deal with its intrastructure needs using a multi-year business plan approach. Bidding Procedures and Limits Federal Way supports efforts to streamline state laws and regulations governing the bidding process, giving cities greater flexibility in bidding procedures and limits. This could include raising the ceiling for small works roster projects from $100,000 to $1,000,000 to reduce the costly bid process. Economic Develovment Economic Development Funding Sources Federal Way supports new funding sources for local economic development, accompanied by significant latitude in the use of funds to allow cities to meet diverse local economic development needs. Economic Development Partnerships Federal Way supports government partnerships with the private sector for the purposes of promoting quality governmental services and economic vitality. Records Maintenance Costs Voter Registration Maintenance Costs State law presently allows counties to charge cities to maintain voter registration records. This law, passed in 1987, when the counties took over voter registration from the cities, did not include a sunset provision to eliminate the charge when the transition was complete. Furthermore, these charges are not uniform, ranging from $.22 to $1.55 per voter. State law does set a $.30 maximum charge for smaller cities, but does not specify a charge for larger cities. King County collects over $1 million in voter maintenance fees each year, which should more than cover the cost of minor data entry changes. Federal Way supports legislative changes which would standardize this charge in a manner which accurately reflects the cost of maintaining voter records. 3 Public Records Federal Way firmly supports the right of the public to have access to the records and operations oflocal government. The City supports legislation to define the calculation of cost recovery fees for records retrieval from municipal electronic information systems. Personnel and Labor Relations Civil Service Reform Federal Way supports civil service reform for police officers that allows cities to streamline hiring processes, diversify workforces, and recruit, retain, terminate and reward employees. Police and Fire Arbitration Federal Way supports legislation that would make arbitrators in binding interest arbitration with police and fire personnel to consider the following factors in making an award: a) the city's financial ability to meet the costs of the contract, giving due consideration and weight to other competing city services and priorities as determined by the City Council; b) local labor market conditions, c) internal equity with other city employees, and d) efforts by new organizations to move away from traditional methods of compensation in favor of innovative compensation strategies (such as incentive pay). Limit Liability for Reference Checks The City supports legislation that would provide local governments with immunity from civil liability for disclosing information about an employee's job performance during a reference check. Prevailing Wage The City of Federal Way supports legislation to clarify that maintenance activities performed by contract, like those performed by regular employees, are exempt from prevailing wage requirements. Current law creates a disincentive for the use of contracting by local government entities. Land Use and Community Development Special Purpose Districts (*) Assumption of Special Purpose Districts The existence of multiple urban service providers inside urbanized areas is inconsistent with the values of the Growth Management Act, which states that cities are the appropriate providers of urban services in these areas. The City therefore supports legislation which simplifies and clarifies the circumstances under which a city may dissolve and assume jurisdiction over a special purpose district, and opposes any legislation that would diminish that authority of cities - especially within Potential Annexation Area (P AA) boundaries. 4 (*) Conservation Districts The City supports efforts to conserve natural resources within the city and within the region as a whole and, where appropriate, supports the use of conservation districts to fund and provide conservation related improvements that are not provided by local government. The City does not support, however, special assessments which duplicate assessments imposed by a city for conservation purposes and which do not provide additional benefits to properties within the city. The City therefore opposes any legislation that would mandate inclusion of a city or properties within it in a conservation district. (*) Capital Facilities Planning Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and counties. Growth Management Growth Management Act Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool. However) the Act creates challenges for state, county and cities. To meet these challenges) the Legislature must continue to monitor the efforts oflocal agencies, and address any necessary additional refinements to the Act in an effective and timely manner. Such refinements may include clarification ofthe role and responsibilities of the state in developing policies and capital plans in conformance with locally adopted comprehensive plans, assuring the adequacy of funding sources to provide adequate infrastructure, urban services) housing and employment opportunities within urban growth areas. The Legislature must also act to provide sufficient time) technical and financial resources to cities completing growth management planning. Growth Management Hearings Boards Federal Way supports legislation recognizing the need for local flexibility in effectively implementing the GMA and requiring Growth Management Hearings Boards to defer to local decisions) policies and processes implementing the goals of the GMA when these actions are otherwise consistent with the GMA. (*) Boundary Review Boards The City supports elimination of Boundary Review Boards. These non-elected boards have been rendered obsolete by Potential Annexation Area (P AA) planning under the GMA. Further) these boards have a history of bowing to political pressure and contradicting specific GMA provisions and values. Land Use Decisions and Permitting Federal Way supports legislation that further defines) coordinates, simplifies and streamlines land use decisions and permitting under the GMA as well as under the State Environmental 5 Policy Act and the Shorelines Management Act. Such legislation should balance the benefits of statewide uniformity with the need for local communities to govern themselves. Shorelines Management Act The City supports eliminating the requirement that local governments prepare separate shorelines management plans. Similar plans already exist as elements of comprehensive plans that have been thoroughly reviewed by the Department of Community, Trade and Economic Development. Separate state-level shoreline use permits should also be eliminated in favor of permits issued by cities in accordance with approved comprehensive plans. Technical Amendments to Comprehensive Plans Federal Way supports legislation authorizing GMA-planning cities to adopt technical amendments to their GMA plans and regulations more than once a year. Annexation Law Federal Way supports current State law regarding annexations. The City also supports retention of city authority to review the impacts of an annexation on the overall operation of the City and to make the final determination regarding acceptance of petitions for annexation. The City supports legislation that would reduce boundary adjustment requirements, clarify franchise relationships between trash and garbage haulers, expedite transfer of property tax from the County to the City, and provide direction for land use and permitting functions in newly annexed areas. Land Use Dispute Resolution Federal Way also supports practical solutions to private property disputes that address specific concerns of property owners, including regulatory reform if necessary. These solutions should not alter the Constitutional definition of takings, place an undue financial burden on taxpayers, or diminish local governments' ability to protect the public health, safety and welfare of their communities. Forest Permits The Department of Natural Resources is presently authorized to issue Class II and Class ill Forest Practice Permits, which allow logging without review by municipal authorities within urbanized areas contained within city limits or designated urban growth boundaries. Class IV permits, however, do require municipal authority review. The past practice of issuing these permits has precluded city governments from providing appropriate controls to deal with the erosion and sedimentation in those permitted areas. AB well, the uncontrolled logging of parcels within an urban area has precluded local government from providing regulations to help ensure that the property properly transitions into appropriate urban development. Therefore, Federal Way supports state legislative efforts to require that all Forest Practice Permits issued within the city limits or within the designated urban growth boundary be subject to the same local government review process now provided in the consideration and issuance of Class 6 IV Forest Practice Permits. Alternatively, cities should be allowed to adopt and enforce land clearing, significant tree protection and related issues for Class II and III forest pennits. Social and Human Services Support for Human Services Federal Way supports legislative action that will maintain support for human service programs including those which may be delegated to the State £Tom the Federal Government. Such legislative action should ensure appropriate local government input into development of block grant dispersal regulations or procedures and into development of any new processes to assist or support low-income, high-need populations. Affordable Housing Federal Way supports efforts to identify a dedicated funding source for affordable housing which is acceptable to developers, realtors, and state and local government. Collaboration with School Districts Federal Way supports efforts by the state to provide incentives to cities and school districts to work collaboratively in addressing local youth issues. Such collaboration should go beyond historical roles of each local agency. Local Public Health Contractual Funding Federal Way opposes efforts to reestablish contractual funding arrangements for public health semces. Boards of Public Health Federal Way supports local government representation on County boards of public health. Youth Issues Funding of Youth Programs Federal Way supports legislation improving funding to local governments for initiating and expanding youth services, especially programs that achieve reductions in youth violence. Child Care Federal Way support budget provisions to enhance the Department of Social and Health Services' (DSHS) ability to enforce its day care licensing requirements, to improve support services for daycare providers, and to ensure the accessibility to child care for all citizens. In addition, the City will carefully monitor legislation clarifying its role in regulating the siting and operation of daycare facilities. 7 Child Abuse Federal Way supports funding for programs designed to prevent child abuse/neglect. Law and Justice Funding Issues Drug Seizure Funds Federal Way supports efforts to enhance the ease with which cities can apply for and receive drug seizure funds and particularly supports the expansion of the definition of what those funds can be expended upon to include all law enforcement functions. DUI Cost Recovery The City supports continued legislation to strengthen Dill laws. Federal Way also supports legislation to allow recovery of necessary public expenses, including detention costs, which result fTom incidents involving impaired driving convictions. Costs of Incarceration Federal Way supports legislation that would do away with the current limit of$50 per day that can be assessed as jail costs against a person convicted of a misdemeanor. The city would support legislation that would allow the city to impose a calculated amount representing the city's actual costs of incarcerating the individual. High Crime Law Enforcement Grants Federal Way supports changing the state's criteria for awarding High Crime Law Enforcement Grants. Current grant practices provide year-to-year grant funding to cities that have 125% ofthe state average for eight specific crimes, but immediately tenninate funding once the crime level drops below the 125% threshold. This practice creates a disincentive for innovative policing and punishes successful police departments. Funding decisions should instead be based upon a city's policing strategies and its crime rate over a longer period of time, such as five years. . Liquor Control and Adult Entertainment (*) Liquor Licenses Federal Way strongly supports any efforts to make the commercial liquor license application process more accessible to the public. A public hearing process would improve access by the community and would encourage greater input and comment from all interested parties. In addition, liquor license applications should be make available for public inspection and subsequent written comment at the local level. Applicant would need to place a public notice in paper advertising the license and the availability of application materials. 8 ("") Liquor Control Board The state should conduct a perfonnance evaluation/audit of the liquor control board as it relates to its mission of regulating liquor for the sake of our state's communities. The Legislature should restructure/reaffinn Liquor Control Board as mandated by audit. Adult Entertainment The City supports model ordinance legislation for adult entertainment consistent with the provisions off ederal Way's adult entertainment ordinance which have been sustained through numerous court appeals. (*) Adult Retail Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult retail establishments on their communities by adopting strict requirements for location and hours of operation. Secondary impacts have been documented by a number of studies and include increased criminal value, diminished neighborhood character, and downward pressure on property values. Law Enforcement Issues Local Law Enforcement Authority Federal Way opposes legislation and/or other efforts to remove the authority ofmunicipalities to provide local law enforcement services, including special services, regardless of the potential for service contracting. The City also opposes actions or legislation which would transfer incarceration responsibilities ITom the state or county to municipalities without additional funding. Police Officer Jurisdiction As a part ofthe state's certification of police officers, make officers able to enforce the state's laws anywhere in the state. This would reduce the liability for cities with officers who assist with incidents outside the city's borders. As it stands now, jurisdictions must exchange letters giving consent to officers to enforce law outside of their jurisdictions. Radar Testimony Current state law requires law enforcement agencies and prosecutors to utilize the testimony of expert witnesses, when the defense specifically requests said witness, to introduce the speed readings of radar detection devices. The National Highway Traffic Safety Administration has established minimum performance specifications for speed measuring devices that create reliability sufficient to justify their acceptance. Many traffic infractions were decriminalized to create a uniform and expeditious system for adjudication, yet these expert testimony requirements have cost the City thousands of dollars each year, and causes unnecessary dismissals and delays. Federal Way supports legislation allowing for the admission in court of the readings of speed 9 measuring devices without the need for additional expert testimony if the device satisfies specific requirements established by the Legislature. Federal Way would also support alternative legislation which would allow the City to impose the cost of witness fees in cases where the infraction is found to have been committed. Juvenile Issues Parental Accountability Federal Way supports legislation which makes parents more accountable for their juvenile offender children. Disposition Standards for Juvenile Offenders Federal Way supports legislation revising the current juvenile disposition standards to provide stronger sanctions for chronic, misdemeanor behavior for juvenile offenders and to permit the court greater discretion to impose detention or some form of secure treatment in cases of juvenile offenders who have prior criminal history. Emergency Communications Federal Way opposes the creation of a B-311 non-emergency communications system. Rather, efforts should be made to further educate the community about the use of the existing E-911 system and existing 7-digit non-emergency lines. Empty Chair Defense Federal Way supports legislative action related to tort reform to clarify that the defendant should not be required to mandatorily join all potential "at fault" entities into litigation, or have to risk losing the ability to apportion fault to the third party(s). Any move to the contrary would inappropriately shift the burden of proof ITom the plaintiff to the defendant in proving fault, Transportation. Parks. and Infrastructure Transportation Issues Transportation Funding Reform Federal Way supports continued reform of state funding for transportation to include a broad range of funding solutions able to address traffic congestion, growth and High Capacity Transit alternatives. Such reform should seek funding sources, which will be dedicated to major local transportation projects, keep up with inflation, and will provide the city with local option revenue authority for the expansion, maintenance and operation oflocal transportation systems. 10 Public Works Project Definition The City supports defining small public works projects as those costing less than $100,000 and exempting such projects £fom the state's Public Works Projects definition. The current definition of small public works projects is easily confused and is applied inconsistently across different local jurisdictions. Transportation Improvement Plan Federal Way encourages efforts to secure State support for City priority transportation projects as outlined in the City's 1999-2004 Transportation Improvement Plan (Attached). Water Resources Water Resource Management Addressing water resource management issues will require increased intergovernmental coordination among local and regional governments and the state. Federal Way supports continued state financial assistance for water supply, wastewater management, groundwater protection, and storm and surface water facilities and programs. These programs are especially important in complying with state and federal water quality standards (NPDES, National Pollution Discharge Elimination System). The City also supports retention of the authority oflocal water districts to manage their assets, participating in regional planning as appropriate, to provide and protect for the current and future water needs of their customers. Flood Damage Reduction Federal Way contains a number of flood prone areas, both developed and undeveloped which require specialized planning. Recent proposed flood damage reduction legislation was flawed, partially due to the fact that is was based on an overall floodway approach, which does not consider all flood prone areas in the state. The City supports comprehensive flood damage prevention planning accomplished at the local level as a partnership among impacted cities, the county, state and affected area interests. Each flood prone area is unique and should be planned for accordingly. Locally developed and adopted flood damage protection plans must seek to establish a balance between the need for appropriately designed growth and the need to reduce further flood damage. (*) Salmon Issues State initiatives related to salmon habitats should contain local components that recognize the vast diversity of conditions across the state. In addition, all state initiatives and processes related to salmon should include meaningful input £fom local government. Parks and Open Space Federal Way encourages efforts to secure State support for City priority parks and open space projects as outlined in the City's Comprehensive Park, Recreation and Open Space Plan. This 11 support could include legislation which would exempt public park and public cultural arts facility construction fTom state and local option sales taxes. Utility Facility Relocation Federal Way supports efforts to affirm the duty of private utilities to include bearing the cost of relocating their facilities within city rights-of-way when requested by a city. Funding of countywide recycling programs Federal Way opposes efforts to fund countywide solid waste by allowing counties to collect a fee directly fTom customers of city fTanchisers. Cities are the appropriate collectors of these fees through city-negotiated solid waste fTanchise agreements. Ener2}" and Telecommunications (*) Telecommunications Federal Way continues to strongly oppose legislation which would preempt local authority over such items as pole attachments, cellular tower siting, cable refTanchising, and telecommunications charges. Federal Way supports legislation that protects the right of local government to assess fTanchise and other fees, to negotiate franchise agreements, and exercise other controls on the operation of telecommunication business in the public rights of way. Electric Industry Regulation Federal Way supports energy utility regulation based on the following principles: a) Local governments should retain the authority to manage industry facilities within the public right of way and the authority to tax the utility providers, b) Electricity service should be available to customers at prices that are reasonable and affordable, c) A non-economic bypass and the inappropriate shifting of costs of the electric system between or among customers do not constitute fair and efficient competition. Customers of continuing monopoly service should benefit, at least, not be harmed, fTom choices made by customers with access to competitive options, d) The long-term safety, integrity, reliability and quality of the bulk electric system and retail electricity service should not be jeopardized, e) Consumers should be afforded a broad range of choice in electricity service and pricing options, t) Development of competitive electricity markets should not undermine environmental protection, energy efficiency, resource diversity and technological innovation, and g) the public should maintain a voice in the industry's regulatory process and the interests of customers should continue to be balanced with the opportunity for shareholders to earn fair returns. Tax Collections by Out-or-State Providers State law should require out-of-state electricity providers to collect state and local utility taxes on services provided to customers within the State of Washington. 12