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Council PKT 03-01-2005 Regular ~ Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk March 1,2005 1. II. III. IV. V. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall March 1, 2005 - 7:00 p.m. (www.cityorrederalwaycom) * * * * * CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. Proclamation/Literacy Month Proclamation/Red Cross Month Introduction of New Employees/City Manager Emerging Issues/City Manager c. d. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citi~ens may address City Council at this time When recognized by the Mayor, please comejiJrward to the podium and state your name/or the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citi~en comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee oft/wee members and brought before jilll Councillor approval; all items are enacted by one motion. Individual items may be removed bv a Councilmemberfor separate discussion and subsequent motion. a. b. Minutes/February 15, 2005 Regular Meeting Final Summary/January 29, 2005 Annual Retreat Interlocal Agreement between City of Auburn & City Way/Custody of Misdemeanor Inmates of Federal c. Over please. , . V1. a. b. c. d. e. f. VII. VIII. IX. a. b. c. X. d. Reallocation of2005 CDBG Funds for Adult Day Health Services Lakota Creek Restoration Improvement Project/Project Acceptance USA Pacific Rim Sports Summit/Approval, Acceptance and Support of Event - Resolution e. f. CITY COUNCIL BUSINESS Arts Commission Appointment - (unexpired term) Diversity Commission Appointments - (unexpired term,s) Lodging Tax Advisory Committee Appointments East Branch Lakota Creek Restoration/l 00% Design Approval and Authorization to Bid - (postponedfrom February 15, 20G5 regular meeting) PSE Easement for Evidence Building Wi-Fi Proof of Concept Project Scope and Equipment Purchasing CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION To Consider Sale or Lease of Real Property/Pursuant to RCW 42.30.110(1)(c) Potential Litigation/Pursuant to/Pursuant to RCW 42.30.11 O( 1 )(i) Collective Bargaining/Pursuant to RCW 42.30.140( 4)(a) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS A v AILABLE FOR REVIEW AT CITY HALL AND ON THE CITY'S WEBSITE UNDER "PUBLIC DOCIJMENT LIBRARY" MEETING DATE: March 1, 2005 ITEM# ~ (i) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMP ACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on February 15,2005. SUMMARYfBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: nfa PROPOSED MOTION: I move approval of the minutes ofthe City Council regular meeting held on February 15,2005. CITY MANAGER APPROVAL: 7\f!\- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ST I' reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 Federal Way City Council Regular Meeting Minutes February 15,2005 - Page 1 of 7 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall February 15, 2005 - 7:00 p.m. Draft Minutes I. CALL MEETING TO ORDER Mayor Dean McColgan called the regular meeting of the Federal Way City Council to order at 7:04 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and Deputy City Clerk Jason Suzaka. Mayor McColgan excused Councilmember Eric Faison, who is absent due to illness. II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon Councilmember Park to lead the flag salute. III. PRESENTATIONS a. ProclamationIRotary International Day Mayor McColgan read and presented the recognition to Jack Stanford of the Federal Way Rotary. Also in attendance to accept the proclamation were Rotary members Pete Anderson, Councilmember Jeanne Burbidge, Mike Pettit, Judge David Tracy, and City Manager David Moseley. b. Lodging Tax Advisory Committee Appreciation Plaque (outgoing) Councilmember Park recognized outgoing committee member David DeGroot for his work on the Lodging Tax Advisory Committee. Mr. DeGroot was an original member of the Committee (created in 1999). He was out of town and unable to accept the plaque at this time. ¡. Federal Way City Council Regular Meeting Minutes February 15,2005 -Page 2 of7 c. Arts Commission Appreciation Plaques (outgoing) Councilmember Burbidge recognized outgoing Arts Commissioners Donna Welch, Regina Bigler, Ted Nelson, Iris Marshall, and Fran Boyles with plaques. Ms. Welch, Ms. Bigler, and Mr. Nelson were in attendance to accept their plaques. Mr. Nelson thanked the Council, Mary Faber, and staff for their support. d. Arts Commission Introductions & Certificates of Appointment Councilmember Burbidge recognized Peg Altman (3 year term), Carrol Clemens (3- year tenn), Patti Halbmaier (3-year tenn), Peggy LaPorte (I-year tenn) and Mary Tynan (2-year term) as new commissioners, and Maggie Ellis as an alternate member (3-year term). Members were presented with certificates of appointment. e. Human Services Commission Appreciation Plaques (outgoing) Councilmember Burbidge recognized outgoing commissioners Rick Agnew and Vicki Bunker with plaques. Mr. Agnew thanked fellow commissioners, Council, and city staff for the opportunity to serve the City. f. Human Services Commission Introductions & Certificates of Appointment Councilmember Burbidge recognized Richard Bye (reappointment), Roger Freeman, and Deanna Heinrich as new commissioners, and Bob Wroblewski and Steve DeTray as alternates. All are three-year terms. Members were presented with certificates of appointment. g. Introduction of New Employees/City Manager City Manager Moseley reported that there were no new employees to introduce at this time. h. Emerging Issues/City Manager . Triangle Project Update City Manager Moseley called upon Traffic Engineer Rick Perez to give a report. Mr. Perez introduced Bruce Nevitt and Paul Johnson from the Washington State Dept. of Transportation. Mr. Nevitt gave a history of the project, and reported there will be an open house in late March. The top-ranked alternative given is known as "W4," and was discussed in a presentation given by Mr. Johnson. . Coronado Park Neighborhood Issue Update City Manager Moseley reviewed the issue with the Council. He gave a list of city activities that have taken place in Coronado Park in 2004, and projects that are planned for 2005. He also discussed the process involving the Neighborhood Traffic Safety Program. The Council received additional clarification on the Federal Way City Council Regular Meeting Minutes February 15, 2005 - Page 3 of 7 "point" system used in the Traffic Safety Program, and requested a report on the status of the water fountain. IV. CITIZEN COMMENT Juliet Sykes: Would like a light on 333rd and 1 sl Avenue, because it is hard to turn left through traffic. She would also like to see more street lights around city hall. Mark Anderson: He spoke on behalf of Steve Zurilgen concerning the East Lakota Branch Restoration Project. He passed out a summary sheet to the Council. Steve Zurilgen: Submitted a citizen comment sheet, but deferred his comments to Mr. Anderson. Diane Gallegos: Represents Habitat for Humanity, which supports the first two options given in the Westway Lighting Project. Ezekiel Payne, Jacob Whitman, Betty Daugen, Frank Jasso, and Joann Kaye: All citizens spoke of problems in the Coronado Park area, including speeding, vandalism, and theft. They did note and appreciated the additional police patrols in the area. Mr. Jasso submitted a police report and photos of an incident around his property. V. CONSENT AGENDA c. d. Minutes/February 1. 2005 Regular Meeting - Approved Vouchers - Approved Preliminary December 2004 Quarterly Financial Report - Approved 2005 Planning Commission Work Program - Approved Lakota Wetland Regional Stormwater Facility Improvement ProiectlProiect Acceptance - Approved Renegotiation of Solid Waste Interlocal Agreement with King County - Approved a. b. e. f. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE CONSENT AGENDA ITEMS (a) through (f) AS PRESENTED; SECONDED BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes absent yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes February 15, 2005 - Page 4 of 7 VI. PUBLIC HEARING Mayor McColgan opened the public hearing at 8:18 p.m. Selection Process!2004 Amendments to Comprehensive Plan . Staff Presentation Community Development Director Kathy McClung gave a report on the proposed amendments to the Comprehensive Plan. . Citizen Comment Paul Benton: Mr. Benton is the owner of the property requesting the change. He supports the recommendation given by the committee. Donald Barker: Mr. Barker represents Powell Development Company in Kirkland. He stated that there is a lot of interest for neighborhood retailing for the site. . City Council Action MOTION BY COUNCILMEMBER DOVEY TO APPROVE LAND USE/TRANSPORTATION COMMITTEE'S RECOMMENDATION TO FORWARD THE SITE REQUEST FOR FURTHER CONSIDERATION; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes absent yes Kochmar McColgan Park yes yes yes VII. CITY COUNCIL BUSINESS a. Independent Salary Commission Appointment MOTION BY MAYOR MCCOLGAN TO APPROVE THE REAPPOINTMENT OF WADE FISHER TO THE INDEPENDENT SALARY COMMISSION FOR A FOUR-YEAR TERM; SECONDED BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes absent yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes February 15, 2005 - Page 5 of 7 East Branch Lakota Creek Restoration/l 00% Design Approval & Authorization to Bid b. City Manager Moseley called upon Surface Water Manager Paul Bucich to make a presentation to the Council. MOTION BY COUNCILMEMBER DOVEY TO APPROVE OPTION 1; TO CONTINUE WITH THE PROJECT, USING A 20-INCH PIPE; SECONDED BY COUNCILMEMBER PARK. The motion failed as follows: Burbidge Dovey Faison Ferrell yes yes absent no Kochmar McColgan Park no no yes MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE OPTION 4, TO UPSIZE THE NEW BYPASS LINE TO ACCOMMODATE UP TO THE 100- YEAR STORM AND UPGRADE TO A 22-INCH PIPE AND REVISE THE ESTIMATE TO INCLUDE A $20,000 INCREASE; SECONDED BY COUNCILMEMBER FERRELL. The motion failed as follows: Burbidge Dovey Faison Ferrell no no absent yes Kochmar McColgan Park yes yes no MOTION BY COUNCILMEMBER FERRELL TO POSTPONE THE ITEM TO THE MARCH 1 CITY COUNCIL MEETING; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes absent yes Kochmar McColgan Park yes yes yes Councilmember Dovey was excused from the meeting to catch a flight. c. Westway Street Lighting Project Bid Rejection & Authorization to Re-Bid Ken Miller, Deputy Director of Public Works, gave a presentation on the project. Option 2 would push the delivery schedule of the poles into November. There was concern that if there was a problem in the delivery (forcing delivery to extend past December 31), CDBG funding would be lost. MOTION BY COUNCILMEMBER PARK TO APPROVE OPTION 2, TO REJECT ALL BIDS, REDUCE THE PROJECT SCOPE AND REBID THE PROJECT. SECONDED BY COUNCILMEMBER BURBIDGE. The motion failed as follows: Federal Way City Council Regular Meeting Minutes February 15,2005 -Page 6 of7 Burbidge Dovey Faison Ferrell no absent absent no Kochmar McColgan Park no no yes MOTION BY COUNCILMEMBER FERRELL TO APPROVE OPTION 1, TO AWARD THE BID TO TOTEM ELECTRIC AS THE LOW BIDDER; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Burbidge Dovey Faison Ferrell yes absent absent yes d. Approval of New City Hall Contract Kochmar McColgan Park yes yes yes MOTION BY DEPUTY MAYOR KOCHMAR TO ACCEPT THE HV AC SYSTEM CONTRACT AS COMPLETE AND AUTHORIZE STAFF TO RELEASE RETAINAGE AND PERFORMANCE BONDS TO THE APPROPRIATE CONTRACTORS; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes absent absent yes VII. CITY COUNCIL REPORTS Kochmar McColgan Park yes yes yes Councilmember Ferrell reported that at the last EDC-EVC meeting at the Chamber of Commerce, a subcommittee was fonned to discuss the businesses that have left Federal Way. Both he and Councilmember Dovey are members of that subcommittee. The changing of the municipal judge from an appointed position to an elected one took another step forward at the February 14 Parks/Recreation/Human Services and Public Safety Committee meeting. The next meeting on March 14 will involve a draft ordinance that would change that designation. If passed at the committee level, it would then go to full Council on March 15 for first reading. The Suburban Cities Association had a meeting on February 9 at Renton City Hall to discuss issues of mutual interest. Councilmember Park reported that the Land Use/Transportation Committee will have their meeting on February 28 instead of21, due to the holiday. Deputy Mayor Kochmar thanked Don Peterson, Jackie Piel, and Donna Williams of the Diversity Commission for speaking to the American Association of University Women to talk about Black History Month. She also thanked Cary Roe and Rob VanOrsow for their work on the Municipal Solid Waste Advisory Committee. The Committee will be discussing where garbage will go after 2010, when Cedar Hills landfill will close. Federal Way City Council Regular Meeting Minutes February 15,2005 -Page 7 of7 Tomorrow Council and staff will be meeting with legislators in Olympia to discuss issues such as transportation. Councilmember Burbidge reported that the next Parks/Recreation/Human Services and. Public Safety Committee meeting will take place on March 14 at 5:30pm in the Hylebos Room. Last week she attended a meeting ofthe Puget Sound Regional Council Transportation Policy Board, where Phase III of the Pacific Highway project was changed to approved status. This morning she attended a meeting of the South County Area Transportation Board in Kent, where a presentation of a project in Burien was given, as well as a presentation on the next phase of Sound Transit. The next meeting will take place March 22 at 9am at SeaTac Airport. Mayor McColgan pointed out that despite some businesses leaving Federal Way, others are coming into Federal Way. The Suburban Cities Association will be developing a mission statement at their next meeting. VIII. CITY MANAGER REPORT City Manager Moseley reported that he and staff met with residents at Belmor Park to discuss traffic safety issues in the area. There are now three month left until the Han W 00- Ri Festival takes place; the organizing committee continues to meet and develop a very successful program. The espresso cart will need to be re-bid; the business awarded the bid has since sold the business and the new owner does not wish to take over the bid. Mayor McColgan added that the Youth Commission is now accepting applications for their upcoming Youth Talent show. Applications are due March 2nd at 5:00pm at the Klahanee Lake Community Center. Councilmember Burbidge reported that King County Councilmember Pete Von Reichbauer has been appointed chair of the Regional Transportation Committee. IX. EXECUTIVE SESSION Mr. Moseley reported that there would be no executive session tonight. X. ADJOURNMENT There being nothing further to discuss, Mayor McColgan adjourned the regular meeting of the Federal Way City Council at 9:39 p.m. Jason Suzaka Deputy City Clerk MEETING DATE: March 1, 2005 ITEM# ~ ~-) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Final Summary / January 29,2005 Annual Retreat CATEGORY: BUDGET IMP ACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 ........................................ ATTACHMENTS: City Council retreat summary and Management Team follow-up meeting summary prepared by facilitator Jim Reid of The Falconer Group. ..................................... ...................................... SUMMARY /BACKGROUND: N/ A CITY COUNCIL COMMITTEE RECOMMENDATION: N/A ............................................................................... PROPOSED MOTION: "I move to approve the City Council retreat summary prepared by facilitator Jim Reid of The Falconer Group." CITY MANAGER APPROVAL: ..~.......................... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY The City Council's Strategic Planning Retreat D~tAfT ';;¡:J-:y If s:- Saturday, 29 January 2005 Dumas Bay Centre REVISED SUMMARY of the Key Discussions, Decisions and Agreements Attendees: Mayor Dean McColgan, Council members Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, Linda Kochmar and Mike Park; City Manager David Moseley; Assistant City Manager Derek Matheson; Department Directors Donna Hanson, Anne Kirkpatrick, Kathy McClung, Mary McDougal, Cary Roe and ¡wen Wang; City Attorney Pat Richardson; Economic Development Director Patrick Doherty; Executive Assistant to the City Manager Patrick Briggs; and Facilitator Jim Reid. This is a summary of key discussions, decisions and agreements of the seven Federal Way City Council members at their annual strategic planning retreat, which occurred this year on Saturday, 29 January at the Dumas Bay Centre. COUNCIL'S VISION AND FUTURE DIRECTION STILL VALID The Council members rather quickly reaffirmed the vision, mission and goals that are stated in the City's budget, and the future direction they charted at their strategic planning retreat in January 2004. The Future Vision and Mission Statement that are in the budget address the full range of issues, services and programs the City is responsible for, and characterize the philosophy, culture and spirit with which the City approaches working with citizens and delivering services. fu January 2004 the Council agreed that for the next three years, through the end of 2006, the Council's highest priority is to "increase sales tax revenues to provide services that the citizens of Federal Way expect from their City government." Council members also acknowledged that they share five mutual interests for economic development, and agreed on five goals and a number of strategies to achieve their priority. This year the Council reaffinned the direction reflected in all these documents, but adjusted some of the language to reflect the Council's interest in economic revitalization throughout the City, not just in downtown. The Council agreed to these language changes: FUTURE VISION (Budget) Responsible 2rowth: 4. "Preserve a primarily residential community and open natural areas with concentrated urban development in the City's Center and in other business districts." Mutual Interests (January 2004 retreat) 2. "A mix of jobs, housing, recreational and cultural amenities within downtown and neighborhood business districts, and more of them than exist today." During this discussion some other important points were articulated that more precisely define the Councils' direction regarding economic development. . We need to expand our definition of economic development to include education. We should work closely with the School District and Highline Community College to address and help stimulate education as a tool for economic expansion and/or revitalization. . We need to continually assess our policies, programs, rules, regulations and procedures to ensure that we are not inadvertently doing anything to undennine business growth and vitality. . The City is not entirely responsible for the economic health of the community. Businesses make independent decisions that affect the economy, and, of course, the national and state economic climates playa factor. But the City should ensure that for those things it is responsible for, its actions help lead the "horse to the water." . The public may feel a bit more panicky about the current business climate because citizens are not privy to all the infonnation we are given. The lesson learned is this: The City must constantly educate the public by providing facts that we can share, offering our perspectives, and engaging citizens in our economic development vision and goals. . We need to be proactive in learning lessons from recent developments in our community. For example, we should look into the recent closures of businesses so that we have a better understanding of the causes. Such an understanding will enable us to identify actions we may be able to take to prevent similar situations in the future. It may also provide us with a body of evidence we can offer to companies that are considering locating in our City. . While we are concerned about recent business closures and moves, we need to remember that the City has granted more business licenses than ever in recent years, and in just the past four years, that number has risen significantly. 2 The suggestion was made, and no voices were in opposition, that a City Council Goal should be revised to expand it beyond the needs and interests of "voters." CITY COUNCIL GOALS (budget) Be Responsible and Responsive to the (Voters') Citizens' Message: .:. "Make responsible program choices in balancing the budget such that the City does not penalize the (voters) citizens." Finally, as the discussion wound down, the suggestion was made that at some date in the future, these documents from the budget and last year's retreat should be combined and reconciled into a vision/missionlpriorities/goals document that is a little more user friendly, and which provides staff with unequivocal direction from the Council. The process, including schedule, for doing this was not discussed. COUNCIL DISCUSSES DOWNTOWN REVITALIZATION, CITY'S ROLE IN IT This retreat was focused primarily on downtown revitalization, and addressed the questions: "What is the Council's vision for downtown?" and "What should the City do now (in the short- tenD) to respond to business closures and relocations?" Council members quickly agreed that the elements of the long-term vision for downtown that they articulated in January 2004 are still valid. They suggested that the challenge is to agree on the strategies or tactics the City will undertake to achieve it. Patrick Doherty reviewed for them the steps to be taken by the Leland Group as part of its work on behalf of the Council and the City to address the long-tenD focus of downtown. As a result of his presentation, the Council members provided further direction on key points and/or agreed on specific steps. . Interview a broad range of stakeholders as part of the first step of the study (gather infonnation and data). Communicate to the representatives of the Leland Group that Federal Way is a community with many stakeholders who are tremendously interested and engaged in, and willing to devote time and energy to, economic development, the revitalization of downtown and other related issues. . Among the stakeholder groups that need to be involved in the study are the Chamber of Commerce, School District, Fire District, Utility District and medical community. . Council members will provide Patrick with the names of and contact infonnation for people and/or organizations that should be interviewed by the Leland Group. As the list of interviewees is being finalized, he will provide it to them so that they can suggest any additions. . To solicit public input from those whose interest in downtown may not be known to the City, a solicitation notice will be placed in the newspaper, on the City's website and on the government television station. 3 . Once the study is finished, the City needs to conduct public outreach to explain its findings and solicit the reactions and responses of citizens. Based on the Council's direction, Patrick commented that there are a variety of ways to capture public comment during the study, such as one-on-one interviews, "focus group" interviews in which groups of people are convened for a discussion of the key questions, and community forums. During their discussion about revitalizing downtown, the Council members articulated these outcomes: . More citizens are involved in the discussions and decisions about downtown, including many who have not been traditionally involved in economic development issues. There is broader public knowledge about, understanding of and support for the City's vision. The City's actions and the actions of others do not contradict the City's vision for downtown and the policies of the Comprehensive Plan. The City is helping businesses and others gain access to vital information that they need to make informed and wise decisions. The City more often thinks like a business and makes decisions or takes actions that reflect that perspective. . City investments stimulate business activity. All options are on the table, such as assembling land, so that both the public and private sectors have more choices. There is a public square in downtown for community gatherings and activities. . . . . . . . In terms of its role in achieving these outcomes, the Council members offered these directions: . The City needs to be solicitous and proactive in engaging people and organizations in the process of defining the long-term future for downtown and agreeing on the short-term actions that will improve downtown vitality. . Ensure that City policies, programs, rules, regulations and procedures are not obstacles to economic vitality. . Share the economic development and downtown visions of the Council, and work to build public support for them. Be even more effective in getting our message out. . Communicate realities to thç key stakeholders, including business community, and the public. . Make wise investments that stimulate business activity. In terms of what the City can do now, in this interim period before the Leland Group study is completed, CouncÍI members agreed that: . The City needs to learn lessons from recent closures of several businesses. What has caused or is causing businesses to close or relocate? Is anything the City doing a cause of those closures and relocations? Might the City do more to convince businesses to invest in downtown? Use EDClEVC members to help conduct this outreach to the business community, analyze the lessons learned and suggest long-term solutions. 4 . Get people to more fully understand the City's vision for downtown, and build public support for that vision. . Help businesses recognize and understand that some of the agreements made among themselves may be contrary to the City's vision; facilitate their discussions to explore different ways of achieving both their interests and those of the City. . Work with the private sector to fund an effort to recruit businesses. To ensure that existing businesses do not feel ignored or threatened by this approach, gain their support for the effort and involve them in it. To launch this effort, the City will consult with the Chamber of Commerce and talk with Buxton about overseeing the recruiting effort. . Make clear to the representatives of prospective new businesses that Federal Way welcomes them and has much to offer them and their employees. Put together teams of City Council members, Chamber of Commerce representatives and others to meet with the leaders of these companies to communicate this message. . Continue to expand outreach to the business community and others who are interested in the future direction of downtown. . Add to FEDRAC's agenda a discussion of providing the services of an ombudsman. Detennine what the interests are in this position, how those interests mayor may not be achieved by current outreach to the business community, and the costs and benefits of the position. COUNCIL REVIEWS SELECTION OF MUNICIPAL JUDGE As a result of a brief discussion by the Council about the selection of the Municipal Judge, three key interests were articulated: I) judicial independence, and the appearance of it; 2) direct accountability to the people (representative government); and 3) a high quality official. The City's Municipal Judge, who is appointed by the City Manager and approved by the Council, works approximately thirty-three hours per week; a court commissioner is employed for thirty- two hours per week. To some this means that in essence the City has 1.5 judges. That fact, the interests listed above and a desire to comply with what they see as the spirit of State law prompted some Council members to express interest in changing the process from an appointed to an elected Municipal Judge. Others indicated that they are comfortable with the current system, likening it to the federal system in which judges are appointed and confinned. While the Council members did not intend to make a decision on this possible change at the retreat, they did acknowledge that the decision needs to be made sometime this Spring. Council members agreed to work through the issue in the parks and public safety committee before bringing it to the full Council. They also identified key pieces of infonnation that will be needed to make the decision: costslbudgetary impacts; the advantages and disadvantages of each selection method, including the ability and inability of each method to achieve the Council's three interests; the opinions and perspectives of the State Court system; what has happened since the last time the Judge was appointed that warrants the change; and the process and timeline for making the change in the event it is agreed upon. 5 STRATEGIES TO PROMOTE THE COMMUNITY This half-day retreat concluded with a brief discussion of strategies to promote the City more effectively. The ideas included: . Continue to promote our vision for the future and all the good things the community has to offer. Continue to reach out to the general public and key interest groups. Communicate our message through video, television, press releases, the website, newspapers, newsletters and tourism publications. Put high school sports events on the local government television station. Put other kinds of community events, such as excerpts from the Martin Luther King Day celebration and local arts perfonnances, on television. . . . . As this discussion concluded, the suggestion was offered that we need to continue to try to do more with what we already have by using it more strategically. 6 CITY OF FEDERAL WAY The City's Council's Strategic Plann,ing Retreat 2005 MANAGEMENT PLAN This is a summary of the meeting of the management team on Monday, 7 February 2005 from 10 a.m. until noon in which the team reviewed the summary of the City Council's retreat and developed strategies to implement the Council's direction. The summary was prepared by Jim Reid, facilitator of the Council's retreat, who attended the management team meeting. UPDATING THE VISION, MISSION AND GOALS Council Retreat Summary p. 1-3 The Council made three changes to its vision, goals and mutual interests (see pages 2-3 of this summary and the revised language, which is an attachment to it). As their retreat wound down, Council members said that at a future date they would like to review, consolidate and/or update the various documents that constitute their overall vision and goals, and their economic development vision, priority and goals. . .:. The management team will work with the Council to detennine when it would be appropriate to undertake this work and the process for completing it. CONDUCTING THE LELAND STUDY Council Retreat Summary p. 3-5 To implement the direction provided by the Council regarding the conduct of the Leland Study for downtown revitalization, the management team identified these actions: .:. Patrick Doherty will email the Council members requesting they recommend individuals who should be interviewed by The Leland Group, either individually or as part of an open house. .:. The City will host an open house for people interested in discussing the City Center with representatives of The Leland Group and City staff. Comments generated at this forum are intended to infonn the study. .:. Patrick will serve as a liaison between The Leland Group and the Council members to ensure that each member is interviewed as part of the infonnation-gathering and context for the study. 7 .:. The management team will work with The Leland Group and Council to finalize the list of people to be interviewed for the study, and, if needed, help schedule the interviews. .:. To achieve the Council's interest in reaching out to Federal Way residents who have not been part of past discussions about downtown revitalization or the community's economic growth and development, the management team will use the City's website, newspapers and television programming to solicit citizen involvement in the study. .:. After the study is completed and released, City staff will work with the Council to specifically determine how to present and market its findings to the public, and stimulate public discussion about them. Patrick Doherty is already planning a City-hosted Economic Development Forum later this year, and that may be one way to present and gain feedback on the study's findings and recommendations. RECRUITING NEW BUSINESSES NOW AND PROMOTING FEDERAL WAY Council Retreat Summary p. 5-6 To implement the Council's direction regarding actions that could be taken to recruit new businesses to downtown while the Leland Study is underway, the management team agreed that: .:. Staff will work with the Council, Chamber of Commerce and business owners to learn lessons from the recent closures and relocations of businesses in City Center and determine what those lessons indicate about City policies or actions. .:. The City will work with the EDCIEVC and the Chamber of Commerce to see if there is an interest within the private sector to fund the effort to recruit new businesses. .:. When the representatives of businesses or corporations that are thinking oflocating in Federal Way express the interest in talking with a delegation of City and business officials, staff will informally pull together a team representing the Council, staff and existing businesses to meet with them and explain what the community has to offer and the benefits of locating here. To implement the Council's interest in reaching out to the business community and general public regarding the revitalization of the City Center, the management team identified these actions: .:. Staff will work with the FEDRAC and all Council members to determine how to continue to reach out to those with an interest in downtown revitalization, and to determine what role the Council members may wish to play in this effort. .:. Staff will also work with the EDCIEVC to identify strategies and tactics for involving those who are interested in downtown revitalization. .:. Planning staff will monitor private property covenants for their impact on the City's vision and goals, and if helpful, will try to facilitate discussions among businesses to ensure the vision and goals are achieved through their decisions and actions. 8 .:. The City will continue to work with the Planning Commission and business owners to monitor City policies, programs, rules, regulations and procedures to ensure that they are not obstacles to the expansion of existing businesses and the establishment of new ones. .:. Staff will work with the FEDRAC members to pursue incorporating the functions of an ombudsman into the work of the City as it reaches out to and learns trom the business community. .:. Staff will work with the FEDRAC members to discuss the idea of bringing in speakers to periodically open Committee meetings with presentations about economic development issues, business activity in Federal Way and other topics that focus on downtown revitalization and economic growth. To implement the Councils' direction regarding promoting Federal Way, the management team reported that: .:. Staff is working with the School District to put high school sports events on the local government television station. .:. The Martin Luther King Day program will be broadcast on the local government television station. .:. Patrick Doherty is developing a distribution plan for dissemination of the video that will help communicate the City's message to businesses. SELECTING THE MUNICIPAL JUDGE Council Retreat Summary p. 5 To implement the Council's direction regarding reviewing and, possibly, changing the process for selecting the Municipal Judge, the staff is assisting the Parks Committee in preparing to discuss the issue at its 14 February 2005 meeting. 9 CITY OF FEDERAL WAY MISSION STATEMENT It is the mission of the government of the City of Federal Way to seek to achieve the purpose of the people of Federal Way, as declared at the time of the City's incorporation, February 28, 1990, affirmed and revised January 26, 1996: => To take upon ourselves the governing of our own destiny; => To create a more habitable living environment to enhance both our work and recreation; => To maintain our many local governing bodies as small, locally-based, and accessible; => To ensure that the special needs of Federal Way are addressed in a responsive and responsible manner. CITY COUNCIL GOALS Be Responsible and Responsive to the Citizens: . Operate the City in a entrepreneurial and fiscally responsible manner with focus on both revenue generation as well as expenditure control. . Make responsible program choices in balancing the budget to minimize impacts on citizens. II Enhance Public Safety in the Community: . Recognize that public safety continues to be the top priority of the Council. . Look at an integrated public safety strategy that involves all facets of City operations such as licensing, code enforcement, police, prosecution, and the court. III Invest in our Community's Future: . Actively pursue economic development. . Provide sustainable capital funding sources for the Capital Improvement Plan. . Recognize the importance of programs for the families and youth. IV Improve Communication and Accessibility of Government Services: . Make government services more accessible and user-friendly through the application of eCommerce and eGovernment. . Improve the community's perception of the City and its services. FUTURE VISION Federal Way is great place to live, learn, work, and play because of its: Government for and by the people . Can-do attitude . Partnership with citizens often through volunteerism . Provide quality services . Value diversity, innovation, participation and unity . Sense of identity and ownership by neighborhoods . Fiscally conservative and innovative (contracting) with growth . Moderate tax rate and bonds for major projects . Maintain defined vision and continuity for staff and resources Responsible qrowth . Some growth in all segments of community inevitable . Channel growth into specific development goals . Preserve quality of life by developing infrastructure with growth . Preserve a primarily residential community and open natural areas with concentrated urban development in the City's Center and in other business districts. . Increase corporate headquarters and some annexation . Modest population growth (build out available single family, multi-family) in City CenterlSR-99 corridor . Multi-use, pedestrian-friendly City Center with plazas and structured parking . Preserve property rights balanced by community health, safety, and welfare Economic vitality . International and regional trade and employment center . Corporate headquarters and small business support services . Redevelop retail warehouse for office, retail, and light manufacturing consistent with market trends . Quality jobs to enhance tax base and quality of life Efficient traffic system . Link neighborhoods with City Center and other communities . Mass transit to connect corporate campus and City Center with economic and leisure hubs of other communities . New infrastructure mostly in City Center by concentrating growth there . Easy and safe transportation for youth to school Carinq for our own . Government and social service agencies work in concert to build a sense of community . Provide caring and safe environment through community-based policing . Support strong student achievement, educational institutions, and leadership . Coordinate human service systems . Require greater participation from clients in improving their individual situations Quality culture, environment and play . Parks, trails, sports, and cultural arts cater to active life styles . Partner with schools to develop facilities, parks, and services . Build performing and cultural arts center . Preserve our natural resources, scenery, vistas, lakes, streams, wetlands, and Spring Valley pastoral setting ReQional player . Participating regional partner in Puget Sound economic, political and cultural life . Participate regionally to yield funding opportunities . Safeguard against outside impacts that reduce quality of life . Support sister cities (cultural, educational and economic benefits) This vision will not be easily achieved. It will require difficult choices. Cooperation will be required between the public sector, neighborhood groups, business, schools and citizens to maintain the high quality of life, grow gracefully, remain a healthy and desirable community and improve urban life amenities with higher density. FROM THE JANUARY 2004 RETREA T: THE COUNCIL'S ECONOMIC DEVELOPMENT VISION: During the next 15-20 years, expand the "economic pie" so the City can provide the services Federal Way residents expect of City government. COUNCIL MEMBERS' MUTUAL INTERESTS IN ECONOMIC DEVELOPMENT: 1. A vibrant, active and more "identifiable" downtown. 2. A mix of jobs, housing, recreational and cultural amenities within downtown and neighborhood business districts, and more them than exist today. 3. City government is more open and receptive to business interests. 4. The City relies upon a greater variety of tools and resources to strengthen the economic vitality of the community and, particularly, downtown. 5. The City plays a role in helping to retain existing businesses and recruit new ones. THE COUNCIL'S PRIORITY FOR 2004-'06 Increase sales tax revenues to provide services that the citizens of Federal Way expect from their City government. GOALS FOR 2004-'06 1. Recruit new businesses to the City. 2. Help the City's existing businesses grow and expand. 3. Attract revenue from non-residents. 4. Reduce "leakage," Le., sales tax revenues generated by purchases of goods and services by Federal Way residents from sources outside the City. 5. Stimulate partnerships between the City, key interest groups and citizens to educate everyone that expenditures of public funds for economic development and City Center redevelopment are investments in the community's quality of life, and to achieve the Council's economic development goals. MEETING DATE: March 1, 2005 ITEM# ::rz=- (t) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Interlocal Agreement for Custody of Misdemeanor Inmates between City of Auburn and City of Federal Way. CATEGORY: BUDGET IMPACT: x CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: PRHS&PS Memo, City of Auburn letter for the Contract to House Inmates-2005, and the Interlocal Agreement for Custody of Misdemeanor Inmates. SUMMARY/BACKGROUND: The Federal Way Department of Public Safety maintained a 2004 Jail Contract with the City of Auburn and requests to continue the jail services of the City of Auburn in 2005. The Department continues to explore proactive strategies to reduce jail costs. The benefits realized by this new agreement would afford the City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Auburn Detention Facility and allow the Department to accomplish one of its objectives to reduce jail costs. Auburn agrees to accept compensation in the amount equal to the amount charged as a bed maintenance fee by Yakima County (Yakima County daily fee less the medical fee) to house Federal Way inmates for every 24-hour period, or portion thereof, that said inmate is in the custody of Auburn. For 2005, the daily fee shall be $59.04 CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 14, 2005 Parks, Recreation, Human Services and Public Safety Committee Meeting it was recommended that the proposed Auburn City Interlocal Agreement be approved and forwarded to the City Council on March 1, 2005 for consideration. PROPOSED MOTION: "I move approval of Auburn Interlocal Agreement for Custody of Misdemeanor Inmates CITY MANAGER APPROVAL: -~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 s-~ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: February 14,2005 Parks, Recreation, H man Services & Public Safety Council Committee VIA: FROM: SUBJECT: City of Auburn Jail Interlocal Agreement for 2005 Policy Question May the City of Federal Way enter into a 2005 Interlocal Agreement with the City of Auburn for a cooperative effort to provide the Federal Way Department of Public Safety with cost-effective housing of inmates in the Auburn Jail? Background The City of Federal Way Department of Public Safety maintained an Interlocal Agreement with the City of Auburn for Custody of Misdemeanor Inmates in 2004 The purpose of the 2004 Agreement and this 2005 Agreement is to set forth the terms and conditions by which the City of Auburn will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Auburn will accept and keep inmates at the request of Federal Way Department of Public Safety, unless in the sole discretion of the City of Auburn, its inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Detention Facility might be reached or exceeded if the City of Auburn does not begin to refuse or request removal of inmates. The Federal Way Department of Public Safety will only submit pre-sentence or sentenced misdemeanor inmates for confinement under the agreement that may be legally confined for 24 hours per day. The Auburn Jail daily fee for 2004 was $56.23. The daily fee for 2005 is $59.04. Attached is an Interlocal Agreement between the City of Federal Way and the City of Auburn for your review and approval. Options 1. Motion to approve and accept the request for an Interlocal Agreement between the City of Federal Way and the City of Auburn for Housing of Inmates (Jail Services), and forward to Full council for consideration at it's March 1,2005 meeting The Auburn Jail daily fee of $59.04 presents a considerable savings to the Department in comparison to the KC Jail Misdemeanor daily fee of$92.28. 1 [.1-\ Staff recommendation Motion to approve and accept this request for an Interlocal Agreement between the City of Federal Way and the City of Auburn for Housing of Inmates (Jail Services). Committee recommendation Forward option (1) to the full City Council for approval on March 1,2005. APPROV AL OF COMMITTE '} Cç,jmmittee Chair v 2 L,-'2- * * ÁDirntN WASHINGTON Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.cl.aubum.wa.us * 253-931-3000 December 10, 2004 Greg Vause Jail Coordinator Federal Way Police Department 34008 9th Avenue South Federal Way, WA 98003 Dear Greg, SUBJECT: CONTRACT TO HOUSE INMATES - 2005 Attached are two copies of a contract for 2005 to house your inmates in the Auburn Detention Facility should you wish to renew your current contract. The current contract expires on December 31, 2004. Changes are minimal, involving only the expiration date, our mailing address (location remains the same) and the daily fee, which increases to $59.04. This fee still equals the Yakima County fee, less the medical fee. Should you need to change any information in the contract let me know and I will make the revisions and return the contract with the changes. Once your city has signed both copies of the contract, return them to me and I will get the Auburn signatures and we will return a signed copy to you. Should you need more that one signed original, please make photo copies as needed and have all of them signed by your city officials. If you have any questions, please let me know. I can be reached at dodea@auburnwa.gov or (253) 876-1996. Sincerely, ~ David O'Dea Detention Facility Manager Enclosures (2) A T TnT rn ... T , .. -- - --- DRAFT ~:zVðS- INTERLOCAL AGREEMENT FOR CUSTODY OF MISDEMEANOR INMATES This Interlocal Agreement ("AGREEMENr) is between the City of Auburn ("Auburn"), a municipal corporation of the State of Washington and the City of Federal Way ("Federal Way"), a municipal corporation of the State of Washington. WHEREAS, Auburn maintains a municipal detention facility pursuant to RC.W. 70.48; and WHEREAS, Federal Way does not maintain a municipal detention facility; and WHEREAS, Federal Way wishes to designate Auburn's Detention Facility as a place of confinement for the incarceration of one or more inmates lawfully committed to the City of Federal Way's custody; and WHEREAS, the City of Auburn is amenable to accepting and keeping inmates received from the City of Federal Way into Auburn's custody at its detention facility for a rate of compensation mutually agreed to herein; and WHEREAS, RCW 39.34.080 (Interlocal Cooperation Act) and other Washington law, as amended, authorizes any city to contract with another city to perform any governmental service, activity or undertaking which each contracting jurisdiction is authorized by law to perform. NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, in consideration of the foregoing recitals, the payments to be made, and the mutual promises and covenants herein contained, Auburn and Federal Way hereby agree as follows: 1. DEFINITIONS: (a). Booking: The process of registering, screening and examining inmates for confinement in the facility; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate. (b). Care: The custody, care, and treatment, including basic, emergency essential and/or major medical and dental care, food, lodging and personal items, as further described in Section 6 of this Agreement. (c). Contract Agency: The City of Federal Way. (d). Daily Fee: The fee charged for the daily care of Contract Agency inmates. 2. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the City of Auburn's detention facility and services located at 25 W. Main Street Auburn, WA 98001. 3. MAILING AND CONTACT ADDRESS: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: City of Auburn: Auburn Detention Facility Attn.: Manager 25 West Main Street Auburn, Washington 98001 Facsimile: (253) 288-3161 Tel. No. (253) 931-3088 Contract Agency: Greg Vause Jail Coordinator Federal Way Police Department 34008 9th Avenue South Federal Way, WA 98063-9718 Facsimile: (253) 661-4581 Tel. No. (253) 661-4739 4. AVAilABILITY OF JAil FACILITIES: Subject to the City of Auburn's rights with respect to certain inmates set forth in Sections 8 and 9 herein, Auburn will accept and keep inmates at the request of the Contact Agency, unless in the sole discretion of the City of Auburn, its inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Detention Facility might be reached or exceeded if the City of Auburn does not begin to refuse or request removal of inmates. The Contract Agency will only submit pre-sentence or sentenced misdemeanor inmates for confinement under this Agreement that may be legally confined for 24 hours per day. At the time of delivery to the Auburn Detention Facility the contracting Agency shall deliver to the facility the legal basis for the custody. This will include a list of charges against the inmate, warrants, or court orders. 5. COMPENSATION FROM CONTRACT AGENCY: (a) Daily Fee. In return for the City of Auburn housing of an inmate of the Contract Agency, the Contract Agency shall pay Auburn an amount equal to the amount charged as a bed maintenance fee by Yakima County (Yakima County daily fee less the medical fee) to house King County Suburban City inmates for every 24-hour period, or portion thereof, that said inmate is in the custody of Auburn. Such time period shall be 2 measured from the time said inmate is transferred to the custody of the City of Auburn and ends when the Contract Agency resumes custody, either directly or through transfer to another agency. For 2005 the daily fee shall be $59.04. (b) Other Costs. The Contract Agency shall also pay such other costs to the City of Auburn or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (c) Billinq. The City of Auburn will bill the Contracting Agency on the 15th day of each month for all amounts due to Auburn under this Agreement for the services rendered in the prior calendar month. Payment shall be due from the Contract Agency 30 days from the billing date. Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum). Should it become necessary, the Contract Agency will pay all collection costs associated with late payments. (d) Bookinq Fee. The City of Auburn shall not collect a booking fee from the Contract Agency, however, a booking fee of $40.00 as permitted by RCW 70.48.390 shall collected by the City of Auburn from Contract Agency inmates. This booking fee will be equal to any booking fee collected from Auburn's inmates. 6. MEDICAL COSTS AND TREATMENT: (a) Services Provided. Upon transfer of custody to the City of Auburn, Auburn will provide or arrange for the Contract Agency's inmates to receive such medical, psychiatric and dental services as may be necessary to safeguard their health while confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or hereinafter amended, and the policies and rules of the Auburn Detention Facility. (b) Cost Responsibility. The Contract Agency shall be responsible for the cost of all medication prescribed for one of its inmates. The Contract Agency shall also be responsible for all costs associated with the delivery of medical, psychiatric and dental services provided to an inmate that are not available from the health care program within the Auburn Detention Facility and for all emergency medical services, wherever provided. These costs shall be paid directly to the provider or as a reimbursement to the City of Auburn, as directed by the City of Auburn. Contract Agency inmates will be charged a $5.00 Health Service Fee when they request health care services (i.e. sick call) available within the Auburn Detention Facility. (c) Notice. Except in case of situations deemed an emergency by the City of Auburn, Auburn shall notify the Contract Agency's contact person by phone. In the case where the Contract Agency's contact person is not immediately located they will be notified in writing, bye-mail, mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the Auburn Detention Facility or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the Auburn Detention Facility, the Contract Agency shall provide to the 3 City of Auburn all written verification of any authorization of or refusal to authorize care or treatment for such inmate(s). (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured inmate by picking such inmate up for transfer at the Auburn Detention Facility; provided, in situations Auburn deems that an inmate requires emergency medical care, Auburn shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the inmate. (f) Records. The City of Auburn shall keep records of all medical, psychiatric or dental services it provides to an inmate. Upon resumption of custody by the Contract Agency and in accordance with WAC 289-20-250, the Contract Agency shall receive a copy or summary of the medical, psychiatric or dental records held by the City of Auburn for an inmate of the Contract Agency. The City shall have the right to review the files at its request. Any medical or dental services of major consequence shall be reported to the City as soon as time permits. 7. TRANSPORTATION OF CONTRACT PRISONERS: (a) Contract Aqency Transport. It is the Contract Agency's responsibility to transport its inmat~s to and from the Auburn Detention Facility. In the event either party requests that custody of an inmate be transferred back to the Contract Agency, in accordance with any such right set forth in this Agreement, the Contract Agency shall transport such inmate. The Contract Agency will verify by telephone that space is available in the Auburn Detention Facility prior to transporting an inmate to the facility. The Contract Agency shall cause written notice of any expected transport by the Contract Agency of their inmates from the Auburn Detention Facility to be received by the Auburn Detention Facility at least 24 hours before the time of such transport, except for the inmates' initial court appearances which may be scheduled at the time of booking into the Auburn Detention Facility. It is the Contract Agency's responsibility to transport their inmates for non-emergency medical, psychiatric and dental services provided outside of the Auburn Detention Facility. (b) Additional Transport Coordination Without Costs. The City of Auburn agrees to coordinate transport of Contract Agency inmates to the Yakima County Department of Corrections, at no additional charge, when the Contracting Agency requests such transport. If the Contracting Agency has an existing contract to house inmates in Yakima County, the City of Auburn will identify these inmates as those of the Contracting Agency to Yakima County and will stop charging the Contracting Agency for housing these inmates at the time they are released to the County of Yakima. If the Contracting Agency does not have an existing contract with Yakima County or does not have available beds within the scope of the Interlocal Agreement between the King County Suburban Cities, the Contracting Agency may request to utilize one of the beds designated to the City of Auburn, if such space is available, as determined solely by the City of Auburn. In this case the Contract Agency will be billed at the same rate that Auburn is billed for these beds. The date of transfer of Contract Agency inmates to Yakima is at the sole discretion of the City of Auburn. 4 8. TRANSFER OF CUSTODY: (a) Commencement of Custody by City of Auburn. The Contract Agency' inmates shall be deemed transferred to the custody of the City of Auburn when corrections officers from the Auburn Police Department take physical control of an inmate. The City of Auburn will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent and the booking process is completed. If additional information is requested by the City of Auburn regarding a particular inmate, the parties shall mutually cooperate to obtain such information. In the absence of documentation and information satisfactory to the City of Auburn, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. The City of Auburn shall not be required to take custody of or assume control of or responsibility for any property of the inmate, except for such property that the City of Auburn allows for its own inmates. The Contract Agency's officers delivering an inmate to the Auburn Detention Facility shall be responsible for ensuring that all paperwork is in order and that all property allowed to be booked with the inmate is properly packaged. At such time, and only at such time, as all paperwork and property are in order will the City of Auburn take physical control of and assume custody of and responsibility for the Contract Agency's inmate to be confined. (b) Further Transfer of Custody. Except as otherwise allowed by Section 10 of this Agreement, the City of Auburn will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from the Contract Agency and a court of competent jurisdiction. (c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the City of Auburn, it shall be Auburn's responsibility to confine the inmate; to supervise, discipline and control said inmate; and, if applicable to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the City of Auburn shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 6 of this Agreement. (d) Resumption of Custody by Contract AQency. The Contract Agency shall be deemed to have resumed custody of an inmate it transferred to the City of Auburn upon either the Contract Agency's officers taking physical control of an inmate at the Auburn Detention Facility or the inmate being released to the custody of Yakima County if such transfer is approved by the Contract Agency, 9. RIGHT TO REFUSE/RETURN AN INMATE: The City of Auburn shall have the right to refuse to accept or to return any of the Contract Agency's inmates under any one of the following circumstances: (a) PendinQ Medical Needs. The City of Auburn shall have the right ~o refuse to accept any Contract Agency inmate who, at the time of presentation for booking at the Auburn Detention Facility for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the City of Auburn. 5 b) Problematic Physical History or Behavior and New Medical Conditions. The City of Auburn shall have the right to refuse to accept or to return any Contract Agency's inmate that, in the sole judgment of the City of Auburn, has a history of serious medical problems, presents a risk of escape, presents a risk of injury to other persons or property, or develops an illness or injury that may adversely affect or interfere with the operations of the Auburn Detention Facility. Any special transport costs, medical or otherwise, incurred in the return of Contract Agency's inmate under this subsection will be the responsibility of the Contract Agency. 10. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's inmates may be removed from the Auburn Detention Facility for the following reason(s): (a) Request by Contract Aqency. Upon written request of the Contract Agency for transfer of custody back to the Contract Agency. In such case, the inmate will be transported by the Contract Agency pursuant to Section 7 above. . (b) Court Order. By order of a court having jurisdiction over a Contract Agency's inmate. In such case, transport will be according to the terms expressed in the court order or by the Contract Agency pursuant to Section 7 above. (c) "'(reatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the Auburn Detention Facility. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the City of Auburn, an eminent danger to the safety of the inmate(s) or personnel of Auburn. In such case, the City of Auburn will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the inmate(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such inmate(s). 11. TRANSFER OF INMATES UPON TERMINA TION/EXPIRA TION OF AGREEMENT: (a) Termination by The City of Auburn: In the event of a notice of termination from the City of Auburn in accordance with Section 21 below, it shall be the Contract Agency's obligation to pick up and transport those inmates to the Contract Agency or other location as determined by the Contract Agency at no expense to the City of Auburn. Such transports shall be made as if the Agreement were expiring and in accordance with the terms of Section 9 above. (b) Termination by Contract Aqency. In the event of a notice of termination from the Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination. Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s). With respect to any inmate(s) not removed in accordance with this Section 11, the Contract Agency shall pay the base rate set forth in Section 5(a) above plus an additional Five Dollars ($5) per inmate for every 24 hour period or part thereof that said inmate(s) remains in the Auburn Detention Facility; and the City of Auburn shall retain 6 all rights hereunder, notwithstanding such termination, until all of the Contract Agency's inmates are removed from the Auburn Detention Facility. 12. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its inmates than is allowed by the City of Auburn under its policies. The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the City of Auburn and state law for all inmates at the Auburn Detention Facility. With respect to the Contract Agency's inmates, the City of Auburn shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the Auburn Detention Facility apply equally to inmates confined pursuant to this Agreement and to those otherwise confined. (b) Inmate Accounts. The City of Auburn shall establish and maintain an account for each inmate received from the Contract Agency and shall credit to such account all money received from an inmate or from the Contract Agency on behalf of an inmate at the time of booking. Any booking fee permitted by Section 5 (d) will be subtracted from the ,inmate's account at the time of booking. At termination or expiration of this Agreement or an inmate's return to the Contract Agency the City of Auburn shall disburse the amount of each inmate's account to the inmates. In the event of death or escape of an inmate, the City of Auburn shall submit a check to the Contract Agency in the name of each inmate eligible for reimbursement in order to transfer an inmate's money to an inmate account administered by the Contract Agency. (c) ProQrams. The City of Auburn shall provide the Contract Agency's inmates with access to all religious, recreational and social service programs offered at the Auburn Detention Facility under the terms and conditions applicable to all other inmates at the facility. (d) Inability to Serve Time Outside of Facility. In accordance with Section 4 of this Agreement, the Contract Agency's inmates will not be allowed to leave the facility for participation in correctional work crews, work release programs, home monitoring or any other program in which other inmates sometimes are allowed to leave the physical confines of the facility as part of serving their sentence unless approval for participation is provided as part of the sentencing order and approved in writing by the Contract Agency. 13. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility. Contract Agency shall have the right to inspect, at mutually agreeable times, the Auburn Detention Facility in order to confirm such facility maintains standards acceptable to the Contract Agency and that its inmates are treated appropriately. The City of Auburn agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. 7 (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at any reasonable time within the detention facility. Contract Agency officers shall be afforded equal priority for use of detention facility interview rooms with other departments. including the Auburn Police Department. 14. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency's inmate from the Auburn Detention Facility, the Contract Agency will be notified in writing as soon as practical. The City of Auburn will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the City of Auburn. The City of Auburn will not be required to pursue and return the Contract Agency's escaped inmates from outside of the City of Auburn. (b) Deaths. (1 ) (2) In the event of a death of a Contract Agency inmate in the Auburn Detention Facility. the Contract Agency shall be promptly notified in writing. The Auburn Police Department or another agency as designated by the Auburn Police Department will investigate the circumstances. The Contract Agency may. if it wishes, join in the investigation and receive copies of all records and documents in connection with the investigation. The City of Auburn shall. subject to the authority of the King County Medical Examiner. follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. This paragraph deals with relations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 15. POSTING OF BAIL: The City of Auburn shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's inmate with the City of Auburn, and any such bonds or monies will be promptly forwarded to the Contract Agency. 16. RECORD KEEPING: The City of Auburn agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the City of Auburn for all other inmates. The City of Auburn shall make copies of said records available to the Contract Agency upon its request. 8 17. INDEMNIFICATION AND INSURANCE: (a) Indemnification of Contract AQency. The City of Auburn shall indemnify and hold harmless the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the City of Auburn's performance under this Agreement except for injuries and damages caused by the sole negligence of the Contract Agency. (b) Indemnification of City of Auburn. The Contract Agency shall indemnify and hold harmless the City of Auburn, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement except for injuries and damages caused by the sole negligence of the City of Auburn. (c) To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the parties their officers, agents, or employees, the indemnification obligations hereunder shall be limited to the proportionate share of liability as agreed to by the parties to this Agreement qr determined by a court of competent jurisdiction. (d) Insurance Requirement. Each party shall obtain and maintain liability coverage in minir:num liability limits of One Million Dollars ($1,000,000) per occurrence and Two Million'Üollars ($2,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy(ies) shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (e) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. (f) The provisions of this Section 17 shall survive the expiration or termination of this Agreement. 18. NON-DISCRIMINATION POLICY: The City of Auburn and the Contract Agency agœe not to discriminate in the performance of this Agreement because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 19. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Auburn Police Department shall be responsible for administering the confinement of inmates hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 9 20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 21. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective ninety (90) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected inmates, if any. 22. NON-APPROPRIATION OF FUNDS. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. "'. 23. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 24. DURATION: This Agreement shall be effective upon execution by both parties and shall continue through December 31, 2005, unless terminated earlier under the terms set forth in Section 21 above. This Agreement may be renewed for successive periods of one year by written addendum executed by all parties hereto under such terms as the parties agree in writing. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the City of Auburn. 25. GOVERNING LAW: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. 26. MISCELLANEOUS: In providing these services to the Contract Agency, the City of Auburn is an independent contractor and neither its officers, agents, or employees are employees of the Contract Agency for any purpose including 10 responsibility for any federal or state tax, industrial insurance or Social Security liability. No provisipn of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. CITY OF FEDERAL WAY Date: Attest: David Moseley, Federal Way City Manager Chris Green, Federal Way City Clerk Approved as to legal form: Patricia Richardson, City Attorney, Federal Way . , CITY OF AUBURN Date: Attest: Peter Lewis, City of Auburn Mayor Dani Daskam, City Clerk, Auburn Approved as to legal form: Daniel B. Heid, City Attorney, Auburn 11 MEETING DATE: March I, 2005 ITEM# ~9-¿ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Reallocation of 2005 CDBG Funds for Adult Day Health Services CATEGORY: BUDGET IMPACT: IZI CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Parks, Recreation Human Services, and Public Safety Committee dated February 7, 2005 with attachments. SUMMARY/BACKGROUND: The 2005 CDBG program funded adult day health services to provide health care, rehabilitative care and caregiver respite for Federal Way residents with chronic or terminal illnesses such as Alzheimer's. ElderHealth Northwest in Renton and MultiCare Adult Day Health in Auburn were both funded in 2004 and applied for 2005 CDBG funds. 2005 funding was awarded to the MultiCare program because of the proximity to Federal Way and the implementation ofa $10,000 minimum for CDBG public service programs. MultiCare closed the Aburn Adult Day Health Program in December 2004 and will not be able to use the $10,000 CDBG award for 2005. ElderHealth Northwest has transferred Federal Way patients to their program. Reallocation of the 2005 CDBG award to ElderHealth Northwest will assist Federal Way residents in need of adult day health services. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 14,2004 meeting, the PRHS&PS Committee forwarded the following Human Services Commission recommendation: Amend the 2005 CDBG Proposed Use of Funds to reallocate $10,000 from MultiCare Health System Adult Day Health to ElderHealth Northwest Connection Adult Health Care. PROPOSED MOTION: I move to amend the 2005 CDBG Proposed Use of Funds to reallocate $10,000 from MultiCare Health System Adult Day Health to ElderHealth Northwest Connection Adult Health Care. CITY MANAGER APPROVAL: ~1 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED D T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 ST reading Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5,1) CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: . February 7, 2005 .LrJQ~ Kelli O'Donnell, CDBG Coordinato~~- David Mo~ Manager Reallocation. ~ 2005 CDBG Funds for Adult Day Health Services Policy Question: Reallocate 2005 CDBG funds awarded to MultiCare Adult Day Health due to closure of the program. BackQround: MultiCare Health Services notified Federal Way that they would be closing down the Auburn Adult Day Health Program effective December 17, 2004 (attachment 1) and will therefore not be able to use the 2005 CDBG award from Federal Way. The Auburn Adult Day Health Program had been allocated $10,000 for 2005. Options: 1. Reallocate $10,000 from MultiCare Health System Adult Day Health to Federal Way Norman Center YMCA - CARES per the 2005 CDBG Contingency Plan (Attachment 2). The 2005 Contingency Plan was developed to allocate any additional funds available for CDBG projects by category. The first priority for increased funding of public service programs was to split additional funds between the Auburn Adult Day Health Program and the Norman Center YMCA CARES Program. With the closure of MultiCare's Auburn facility, there is no adult day health program funded. The Federal Way Senior Center provides adult day care with no health care services. Funding to the CARES program would provide additional childcare scholarships at the YMCA to Federal Way residents based upon financial need. The Federal Way Norman Center YMCA was not able to fully utilize the 2004 CDBG allocation of $31,006 (attachment 3). . 2. Amend the 2005 CDBG Proposed Use of Funds to reallocate $10,000 from MultiCare Health System Adult Day Health to ElderHealth Northwest Connection Adult Health Care. Federal Way funded both ElderHealth Northwest and Auburn Adult Day Health with CDBG funds in 2004. The Commission recommended funding the MultiCare program in Auburn and discontinued funding of the ElderHealth Adult Day program in Renton for 2005 (Attachment 4). This was due to the following factors: proximity of the Auburn program to Federal Way; declining Federal Way clients at the ElderHealth program since the opening of the Auburn facility; and the increased minimum funding of $10,000 for CDBG public service programs. Ten Federal Way clients transferred from the MultiCare program to ElderHealth Northwest in January. ElderHealth served 16 . b-\ Federal Way clients in 2004 and added two more clients in 2005 from referrals. ElderHealth Northwest has been working to expand their capacity following the closure of the MultiCare Adult Day Health Program and opened an evening program for adults with developmental disabilities on January 1, 2005. Staff Recommendation: Staff recommends Option 2 because of the need for day health services for seniors and adults with developmental disabilities. The closure of the MultiCare Adult Day Health facility was an unanticipated occurrence that was not anticipated in the 2005 Contingency Plan. Commission Recommendation The Human Services Commission moved to forward option 2 to the Parks, Recreation, Human Services and Public Safety Committee for recommendation to the full Council at their January 24,2005, meeting. Committee Recommendation Forward option - to the full City Council for consideration at the March 1, 2005, City Council meeting. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. ~ - *. ApPROVAL OF COMMITTEE REPORT , , . tee Member \)-2 Attachment 1 December 8, 2004 Dear Kelli, It is with great sadness and a heavy heart that I must inform you of the closure of the Auburn Adult Day Health Program. The closure will be effective December 17, 2004. Due to the current health care and economic environment, the Auburn Adult Day Health Center has been operating at a significant financial loss and has not grown as expected since opening in December 2001. This was a very difficult decision for us to make. We came to South King County because it was underserved and we wanted to provide supportive services to those people who were most at risk for losing their independence due to physical, cognitive and/or developmental disability. Federal Way recognized this need and supported us through CDBG funds. The Federal Way clients we served benefited from skilled nursing, rehab services and therapeutic activities. While funding for community services are being cut each year in our state, it is with great respect that I acknowledge the investment Federal Way made to their . residents through support of the Auburn Adult Day Health Center. Auburn Adult Day Health has been partnering with Elder Health Connections in Renton to transition our clients to their facility. Connections had previously not accepted clients who needed substantial support for personal care and/or to participate in programming, and instead referred them to our program. I am pleased to report that Connections plans to transition most of our clients to their program and they have met with our staff to better understand the skills needed to serve them. More than 40 clients are scheduled to transition to their facility over the next several months, including clients from Federal Way. . .- It would be my recommendation that CDBG funds be reallocated to their program so tha~t a continuum of care can be supported. I would like to express my appreciation for your support in the program and we are honored and humbled to have been able to provide service to the residents of Federal Way. Sincerely, Anne Vander Seek RN BSN Auburn Adult Day Health Program Manager 0-3 Attachment 2 ~ted 09/07/04 CITY OF FEDERAL WAY 2005 COBG CONTINGENCY PLAN The allocation process for 2005 Community Development Block Grant (CDBG) funds is based upon an estimate of Federal Way's 2005 CDBG funds. The City will not know its exact grant amount until after Congress passes the HUD Appropriation Bill. This is expected to occur by December 2004. For this reason, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount and/or any additional funds received as the result of project cancellations or additional recaptured funds. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects -- The City will apply any increase in the amount of CDBG capital funds as follows: 1. Additional capital funds available, up to $82,656, will be allocated to the Federal Way Housing Repair Program administered by the King County Department of Community and Human Services up to a total allocation of $150,000; and, 2. Should the above project be funded to the stated level and any additional capital funds be available, up to $25,000 will be allocated to the Pediatric Interim Care Center for the Newborn Nursery building up to the total request for $75,000; and 3. Should the above projects be fully funded and any additional capital funds be available, up to $49,999, will be allocated to the Boys and Girls Club of King County for the Federal Way Youth Development Center up to the total request for $199,999; and 4. If additional capital funds are received, funds will be carried over to the 2006 CDBG program year unless the Humal1 Services Commission requests new applications for funds and/or additional Council action is taken to allocate funds. Public Service Programs - The City will apply any increase in the amount of CDBG public service funds as follows: 1. ! If any additional publÎc service funds become available, funds will be allocated equally ~ between the MultiCare Health System for the Adult Day Health Auburn program and the Federal Way Norman Center for the CARES Program until each program reaches the total amount requested for 2005; and, 2, If an additional $10,000 of public service funds become available after the first contingency is fully funded, funds will be allocated to Catholic Community Services for the Katherine's House Transitional Housing program; and, 3. If less than $10,000 of public service funds become available and/or any additional public service funds are received after the second contingency is fully funded, funds will be allocated to 2005 CDBG Capital projects in accordance with the priority order listed above. Planning and Administration - The City will apply any increase in the amount of CDBG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administraH\lf'. costs for Federal Way's CDBG program; and 1J-~ ... .. - ,,~. ~ . . ~ . 2. Additional funds not needed for administration of Federal Way's CDBG program will be applied toward the costs of additional planning activities consistent with the King County Consortium Consolidated Housing and Community Development Plan; and 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects - The City will decrease the amount of CDBG funds allocated for capital projects as follows: . 1. Any unallocated capital funds available will be decreased before reductions are made to specific projects. 2. Decreases will be made to 2005 CDBG Capital Projects in proportion to the percentage decrease in grant funds. The following projects will be reduced proportionately: the Boys and Girls Club of King County Federal Way Youth Development Center; the City of Federal Way Senior Nutrition and Health Equipment for the New Federal Way Community Center; the King County Housing and Community Development Federal Way Housing Repair Program; the King County Housing Authority Southridge House Fire and Life Safety Sprinkler System; the Multi.Service Center Employee Development Services Federal Way program; and, the Pediatric Interim Care Center, the Newborn Nursery PICC New Facility Construction. Public Service Programs -- The City will decrease the amount of CDBG funds allocated for public service programs as follows: 1. Decreases will be made to all public service programs in proportion to the percentage decrease in grant funds until they reach the $10,000 minimum funding level. These programs are: Big Brothers Big Sisters of King and Pierce Counties, Federal Way Mentoring Program; Community Health Centers of King County Federal Way Dental Access; Federal Way Norman Center YMCA, CARES Program; Federal Way Senior Center, Adult Day Care; Institute for Family Development, PACT program; and, MultiCare Health System, Adult Day Health-Auburn. -- Planning and Administration -- The City will decrease the amount of CDBG funds allocated for CDBG planning and administration as follows: 1. Funds for additional planning activities will be reduced first; then 2. Funding for CDBG administrative activities will be decreased. ù--s City of Federal Way 2005 COBG Adopted Proposed Use of Funds - September 7,20"" Project/Program Public Services Big Brothers Big Sisters of King and Pierce Counties . . . . . BB~tiction~dCcrcl1seprof8tllto$lÖ,(}()O min. ~eral Way Mentoring Program (BBBSKPC-FWMP) Catholic Community Services locresse - 2nd Priority - if additional $10.000 received Chap ChayalAdvocacy and Mobilization Community Health Centers of King County u. '... ".."..::.R~@«iöi;~4~¥{,"a$~*þ¡'j¡t¡'Ùj.$'fQ.QpIJ"JÍn;. CHCKC's Primary DenIal Care ElderHealth Northwest Connection Adult Health Care Emergency Feeding Program ¿deral Way Emergency Feeding Program Federal Way Norman Center YMCA RedIJ6Iíónf:dff<:reatiePrói.å'Ú..tól1. 0, (jQOl'nirr- Increase - Is/ Pliorily - split wIMlit/iG.are.Adull. Day Health up/dtotal request CARES Program (Children Active in Recreation and Education Services) Federal Senior Center Adult Day Care Institute for familï Development ReCJûëlioh -decrease pro ,ali) tò $ 10,000 min. PACT (Parents and Children Together) KOfean Women's Association 'WE ARE fAMilY-Shelter MultiCare Health System . ReJ&;ticii-d&rea scþrêišfsfo$fO, (JOO min- Increase split wlYMCA Norman Center CARES up to total request 'dull Day lIealth - Auburn 1/I8!l,)lJ~ \II't.4 Public Services Sub-tolats $ Contingen<;y Awards Public services wlG.ontingency Awaros :: c';&i&iM(/ýRØauëfi';¡'~ ': Proposed funding as of 91712004 18,443 #3: Address human service needs Funds will be used in focusing ~_<:!f-support system that empowers families and communities to make contributions to their own well-being and enhance the quality of life - 113: Address human service needs 10,000 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate- income households. Create housing opportunities for seniors. youth, special needs groups and impact the availability of transitional housing and emergency shelters. Request $ 18.443 $ 8,000 $ 22,000 $ 14,338 $ 10.000 $ 10,000 $ $ $ $ $ $ $ $ $ $ City CDBG Funding Strategy & Rationale Attachment r - #3: Address human service needs Focus upon self-support systems that empower families and communities to make contributions to their own well- being. Also Chaya functions as a bridge to other domestic violence resources, critical support services, education and information that helps keep both women and families safe. 14,338 #3: Address human service needs CHCKC's Primary Dental care program provides comprehensive primary dental care to low income and uninsured families and individuals living in King County communities outside.Seattle. $ - 113.' Address human service needs The grant funds will provIde an array of health and human services that enables individuals with chronic and terminal illnesses such as Alzheimer's to remain living in Ihe community and avoid life in institutions or in isolation. 10.000 #3: Address human service needs The grant will provide a complete two-day supply of nutritionally balanced food in a quantity and diet that is appropriate to the client needs. as well as referrals to other community resources to help address the deeper issues that precipitated the hunger crisis. 34,894 113: Address human service needs ::14,(19.\ "II.! !II 01..1 will be used to provide financial assistance to 10J.OG bw "1("""" families with school-age children who wish to participate in YMCA programs. $ $ 13,800 $ 14.000 $ $ 113: Address human service needs The grant would fund services for senior citizens experiencing dementi at Alzheimer disease and other limitations. 13.800 #3: Address human service needs "'.3;800 The grant funds will provide in-home counseling, skill building. and support to high-risk low income families not engaged in or benefiting from other community services and experiencing problems such as family connicUviolence. abusetneglect child"een behavior problems and mental health disorders. $ - #3: Address human service needs The granl funds will provide meals and beds for the victims of domestic violence and their children as well as education and case management 10.000 #3: Address human service needs The grant funds will be used to provide health and rehabilitative services to fuoctionaity. physically. mentally. or cognitively impaired adults and elderly persons in order to improve Of maintain their health status. level of functioning, and to maximize their potential for independenlliving $ 193,581 D-to $ $ $ .i"!:... 113,975 avail. to allocate est. as of 6f30t04 - $113.975 35,606 149,581 $$t~75 2 of 4 COMMUNITY DEVEL lENT BLOCK GRANT CITY MANAGED PROJECTS Activity Summary Report for the Period Ending December 31, 2004 Performance Measure Annual % of Annual I Total Grant Payment Award % of Award Program Description" I Goal YTD Goal Award PaId to Date Pendlna Balance PaId 2004 Program 981 ElderHealth NW Adult Day Care I 7,669 I 5,751 I 1,918 I . I 100,00% Unduplicated Persons Assisted 16 16 100% Program Days Provided 400 1770 Goal Met Hours of Caregiver Respite 2000 2715 Goal Met 984 MultiCare Health System. Adult Day Health I 7,6691 5,751 I 1,9181 .1 100,00% Unduplicated Persons Assisted 12 21 Goal Met Program Days Provided 1037 1657 Goal Met I 3100061 I 2,170 I 5,581 I 962 CARES 23,255 I 82,00% Unduplicated Persons Assisted 33 27 82% Childcare Days 345 1947 Goal Met Ô Total 2004 Adult Day Health 46,344 I 34,757 I 6,006 I 5,581 I 86% I ~. " ElderHealth MultìCare Accomplishments Comparison city projects 1118/2005 2:44 PM ~ ~ OJ g. 3 (i) :; ~ .þ. MEETING DATE: March 1, 2005 ITEM# ~Ú) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: LAKOTA CREEK RESTORATION PROJECT - PROJECT ACCEPTANCE CATEGORY: IZI CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 7, 2005. SUMMARYIBACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. With the exception of landscaping maintenance, the above referenced contract with Wagner Development, Inc. is complete. Per the project contract, landscaping will be maintained by the contractor for two years, and portions of the landscaping cost will be paid after the end of the maintenance period. Upon City Council's acceptance of the project, and meeting certain conditions by State law, the City will release and pay in full the amounts retained during perfonnance of the contract (other than continuing retention of five percent of the monies for landscaping). The final construction contract amount is $807,131.55 (including monies held for landscaping that will be paid in two years). This is approximately 2% above the $792,511 original bid price but $64,630.45 below the $871,762 original budget (including 10% contingency above bid price) that was approved by the City Council on June 1,2004. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 7, 2005 meeting, the Land Use and Transportation Committee forwarded the following staff recommendations: Authorize final acceptance of the completed Lakota Creek Restoration Improvement Project, constructed by Wagner Development, Inc., in the amount of$807,131.55 as complete. PROPOSED MOTION: "I move to authorize final acceptance of the completed Lakota Creek Restoration Improvement Project, constructed by Wagner Development, Inc., in the amount of $807, 131.55 as complete." ~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST d. rea mg Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: February 7,2005 Land Use and Transportation Committee David H. MoseJt:~anager '--- Paul A. Bucich, P.E., Surface Water Manage'~ A G 04-108, Lakota Creek Restoration Improvement Project - Project Acceptance POLICY QUESTION: Should the Council accept the Lakota Creek Restoration Improvement Project constructed by Wagner Development, Inc. as complete? BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. With the exception of landscaping maintenance, the above referenced contract with Wagner Development, Inc. is complete. Per the project contract, landscaping will be maintained by the contractor for two years, and portions of the landscaping cost will be paid after the end of the maintenance period. Upon City Council's acceptance of the project, and meeting certain conditions by State law, the City will release and pay in full the amounts retained during performance of the contract (other than continuing retention of five percent of the monies for landscaping). PROJECT SAVINGS AND CONTINGENCY: The final construction contract amount is $807,131.55 (including monies held for landscaping that will be paid in two years). This is approximately 2% above the $792,511 original bid price but $64,630.45 below the $871,762 original budget (including 10% contingency above bid price) that was approved by the City Council on June 1, 2004. OPTIONS: 1. Authorize final acceptance of the completed Lakota Creek Restoration Improvement Project, constructed by Wagner Development, Inc., in the amount of$807,131.55 as complete. 2. Do not authorize final acceptance of the completed Lakota Creek Restoration Improvement Project, constructed by Wagner Development, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the March 1, 2005 City Council Consent Agenda for Approval: Authorize final acceptance of the completed Lakota Creek Restoration Improvement Project, constructed by Wagner Development, Inc., in the amount of$807,131.55 as complete. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the March 1, 2005 City Council Consent Agenda. , , .' , ' ' , ' , , , "h"",,", "','" ' .,L4.;:'" ". , ,," . , ':;~PPROVAL OF COMMITTEE REPORT:.. ",< .. "', ,:,', '~J-l " ' Eric Faison, Mcomber ------ cc: Project File/AG #04-108 \..oi"", i,"iI)) '-:.,'é i"L,.:!! crc<:k rt",.ration imp"""""""! P"')Cd !Ïn;d ,¡cC"fn,d"è MEETING DATE: March 1, 2005 ITE~# ~ ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Resolution for Approving Acceptance and Support ofthe USA Pac Rim Sports Summit (Also known as "The Road to Beijing") and The Pacific Health Summit and Related Events coming to the City of Federal Way in 2005. CATEGORY: BUDGET IMPACT: x X 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: PRHS&PS Memo on the 2005 Pac Rim Sports Summit, and the Resolution, and the FWPD Personnel Cost Estimator. SUMMARY/BACKGROUND: The USA Pac Rim Sports Summit will be complemented by a Pacific Health Summit, and the Federal Way Aquatics Center has been selected as the location for a portion of the USA Pac Rim Sports Summit in 2005. These events offer a unique opportunity to the Federal Way citizens to learn more about the Pacific Rim region and to enjoy and participate in a variety of activities including sports competition, arts and cultural festivals. CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 14, 2005 PRHS&PS Committee Meeting it was recommended that option 2 be approved and forwarded to City Council on March 1, 2005 for consideration. Motion to approve the Resolution, with a cost of$88,182.60, of the City Council of the City of Federal Way, W A, Approving Acceptance and Support of the USA Pac Rim Sports Summit (also known as "The Road to Beijing") and the Pacific Health Summit and Related Events coming to the City of Federal Way in 2005, Contingent upon the Seattle Organizing Committee Reimbursing FWDPS costs. . The Pac Rim Sports Summit will allow the City of Federal Way to be recognized for it's cultural events, and will also bring additional trade to the City. PROPOSED MOTION: "I move approval of the Resolution ofthe City Council of the City of Federal Way, WA Approving Acceptance and Support of the USA Pac Rim Sports Summit (also known as "The Road to Beijing") and the Pacific Health Summit and Related Events coming to the City of Federal Way in 2005, contingent uon the Seattle Organizing Committee reimbursing FWDPS costs." CITY MANAGER APPRO V AL: ~ .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5, ~\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: SUBJECT: February 14,2005 Parks, Recreation, Human Services & Public Safety Council Committee David MO~ Manager/'] (' Anne E. Kirkpatrick, Chief of Police Ú £-f. . Resolution to Accept and Support the 2005 USA PAC RIM Sports Summit VIA: FROM: Policy Question May the City of Federal Way create a Resolution to Accept and Support the 2005 USA PAC RIM Sports Summit? Background The United States Olympic Committee has signed an agreement with the Olympic Committees of China and Canada to lay the foundation for a USA Pac Rim Sports Summit, which will include elite athletes and other participants from the United States, China, Canada, Russia, Japan, South Korea, New Zealand, and Mexico, as well as, other Pacific Rim Countries. The Federal Way Aquatics Center has been selected as the location for a portion of the USA Pac Rim Sports Summit. The Seattle Organizing Committee plans to raise $10 million from concessions, ticket sales, and sponsorships; however there is no guarantee that the City of Federal Way will receive any of this funding. The Federal Way Department of Public Safety (FWDPS) estimates the potential cost to our Department to be $88,182.60 if we do not receive funding from the Seattle Committee. These dollars would have to come from the FWDPS overtime budget. Attached is a Resolution to approve, accept and support the USA Pac Rim Sports Summit, and a spreadsheet of our personnel cost estimate. Options 1. Motion to approve the Resolution, with a cost of $88,182.60, of the City Council of the City of Federal Way, W A, Approving Acceptance and Support of the USA Pac Rim Sports Summit (also known as "The Road to Beijing") and the Pacific Health Summit and Related Events coming to the City of Federal Way in 2005, and forward to Full Council for consideration at it's March 1, 2005 meeting. The Pac Rim Sports Summit will allow the City of Federal Way to be recognized for it's cultural events, and will also bring additional trade to the City. 1 \4- \ 2. Motion to approve the Resolution, with a cost of$88,182.60, of the City Council of the City of Federal Way, W A, Approving Acceptance and Support of the USA Pac Rim Sports Summit (also known as "The Road to Beijing") and the Pacific Health Summit and Related Events coming to the City of Federal Way in 2005, Contingent upon the Seattle Organizing Committee Reimbursing FWDPS costs, and forward to Full Council for consideration at it's March 1,2005 meeting. The Pac Rim Sports Summit will allow the City of Federal Way to be recognized for it's cultural events, and will also bring additional trade to the City. Staff recommendation Motion to approve and accept the Resolution to Accept and Support the USA Pac Rim Sports Summit and The Pacific Health Summit and Related Events. Committee recommendation Z- Forward option 00 to the full City Council for approval on March 1,2005. 2 \-\-2- PERSONNEL COST ESTIMATOR Total Total . Personnel Personnel Total P lid ffi Rate Hours Sta d d 0 rf Total Line Standard O.T. Personnel ersonne en I ler n ar ve Ime Item Cost . 4.00 4.00 Commander $49.78 $74.67 160 $0.00 $11,947.20 $11,947,20 4.00 4.00 Lieutenant-E $41.01 $61.52 160 $0.00 $9,842.40 $9,842.40 25.00 25.00 Officer-E $31.00 $46.22 750 $0.00 $34,665.00 $34,665,00 4.00 4.00 PSO-E $22.20 $33.30 120 $0.00 $3,996,00 $3,996,00 0,00 $0,00 $0,00 $0,00 0,00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0,00 2.00 2.00 Bomb $46.22 60 $0.00 $2,773.20 $2,773.20 6.00 6.00 SRT $46.22 180 $0.00 $8,319.60 $8,319.60 12.00 12,00 BDU $46.22 360 $0.00 $16,639,20 $16,639.20 0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0,00 0.00 $0.00 $0.00 $0,00 '.".~.'..;. :Personnel Hours Cost Standard Overtime Standard D.T. Standard D.T. ---- 0.00 57.00 0.00 1790.00 $0.00 $88,182.60 ---- Total Personnel Total Hours Total Cost 57.00 1790.00 $88,182.60 RESOLUTION NO. DRAFT ~J3/JS-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON APPROVING ACCEPTANCE AND SUPPORT OF THE USA PAC RIM SPORTS SUMMIT (ALSO KNOWN AS "THE ROAD TO BEIJING") AND THE PACIFIC HEALTH SUMMIT AND RELATED EVENTS COMING TO THE CITY OF FEDERAL WAY IN 2005. WHEREAS, the United States Olympic Committee has signed an agreement with the Olympic Committees of China and Canada to lay the foundation for a USA Pac Rim Sports Summit, which will include elite athletes and other participants from the United States, China, Canada, Russia, Japan, South Korea, New Zealand, and Mexico, as well as, other Pacific Rim Countries; and WHEREAS, The Federal Way Aquatics Center has been selected as the location for a portion of the USA Pac Rim Sports Summit in 2005; and WHEREAS, the USA Pac Rim Sports Summit will be complemented by a Pacific Health Summit, jointly organized by The National Bureau of Asian Research (NBR) and the Fred Hutchinson Cancer Research Center, that will attract leading CEO's scientists and public healthcare officials from the Pacific Rim region to discuss innovative approaches to improving health how emerging scientific breakthroughs could improve the future of health care; and WHEREAS, the athletic events will be televised nationally and internationally, providing opportunities to showcase The City of Federal Way. Res. # Page 1 WHEREAS, the Seattle Organizing Committee, is a nonprofit entity chaired by Jim Dwyer that includes among its numbers Seattle community leaders Libby Gates Armintrout, Stan Barer, Mic Dinsmore, Martha Choe, John Rindlaub, and Steve Sundborg; and WHEREAS, the Seattle Organizing Committee is not requesting any City or state funding and plans to raise $10 million from concessions, ticket sales, merchandising and sponsorships to cover the costs of the Sports Summit and reimburse the City of Seattle for any of its related expenditures; and WHEREAS, these events offer a unique opportunity to Federal Way citizens to learn more about the Pacific Rim region and to enjoy and participate in a variety of activities including sports competition, arts and cultural festivals, and a discussion of creative approaches to scientific research that has the potential to dramatically improve world healthcare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Declaration of Support. The City of Federal Way and its citizens warmly welcome to Federal Way the USA Pac Rim Sports Summit, and the Pacific Health Summit, and express support for the efforts of the United States Olympic Committee, the Seattle Organizing Committee, and other associated hosting organizations that are bringing these events to our city and region. Section 2. Reimbursement Contingency. It is estimated that supporting this event will cost the City of Federal Way Department of Public Safety approximately Res. # Page 2 $88,182.60. The City is happy to provide the services of its Department of Public Safety contingent upon the Seattle Organizing Committee fully reimbursing these costs. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASINGTON, THIS ~ DAY OF , 2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: PATRICIA A. RICHARDSON, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res. # Page 3 MEETING DATE: March 1, 2005 ITEM# < 17L(~ ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: ARTS COMMISSION APPOINTMENT (unexpired term) CATEGORY: BUDGET IMP ACT: 0 0 r8J CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: None SUMMARY/BACKGROUND: As a result of the recent resignation of an Arts Commissioner, it is necessary to name her replacement from the commission's roster of current alternates. CITY COUNCIL COMMITTEE RECOMMENDATION: Nf A PROPOSED MOTION: I move the appointment of Maggie Ellis as a voting member ofthe Arts Commission, to fill the unexpired term of Commissioner Peg Altman through December 31, 2007. (The City Clerk will arrange for introduction and presentation of her appointment certificate for the new appointee at the I Iii I .) Marc 1 15 regu ar meetll1g CITY MANAGER APPROVAL: ..~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: March 1, 2005 ITEM# ß (Æ'~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS (unexpired terms) CA TEGORY: BUDGET IMP ACT: D D [8J CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: None SUMMARYIBACKGROUND: As a result of the recent resignations of two Diversity Commissioners, it is necessary to name their replacements from the commission's roster of current alternates. CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A PROPOSED MOTION: I move the appointment of Jacqueline Piel as a voting member of the Diversity Commission, to fill the unexpired term of Commissioner Keith Schenkel through May 31,2007; and the appointment of Dawn Williams as a voting member ofthe Diversity Commission, to fill the unexpired term of Commissioner Teresa Camacho through May 3 I, 2006. (The City Clerk will arrange for introductions and presentation oftheir appointment certificates for the two new appointees at the March 15th regular meeting) CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D D D D APPROVED DENIED T ABLED/DEFERREDINO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ST 1 C reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: March I, 2005 I T E M # -:JLL- {çJJ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS CATEGORY: BUDGET IMP ACT: D 0 rg] CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: none SUMMARYIBACKGROUND: At a special meeting on February 28, 2005, the City Council will interview applicants to fill five vacancies on the city's Lodging Tax Advisory Committee. Two of the current members whose terms expired earlier have reapplied. There was also a recent resignation leaving another vacant position. The committee's membership was recently increased to seven members, thus creating two additional positions. Councilmembers will be filling five positions at this time. The Council will then confirm the five new appointments at the March I, 2005 regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment of the following persons to the city's Lodging Tax Advisory Committee: Two 2-year terms expiring October 31, 2007 - Two 2-year terms expiring October 3 I, 2006 - One I-year unexpired term ending October 31, 2005 - (The City Clerk will arrange for introductions and presentation of the appointment certificates for the new appointees at the March 15th regular meeting) CITY MANAGER APPROVAL: .~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED D T ABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: March 1,2005 ITEM# .J¿"/ , (J) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AG 03-058 EAST BRANCH LAKOTA CREEK RESTORATION; 100% DESIGN AND AUTHORIZATION TO BID CATEGORY: BUDGET IMPACT: 0 CONSENT D RESOLUTION rg¡ CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated January 24,2005. City Council Agenda Bill dated February 15,2005. SUMMARYIBACKGROUND: The council heard a staff presentation on the East Branch of Lakota Creek Restoration Project on February 15th, 2005. Staff presented four options for council consideration. Council split 3-3 between options 1 and 4 which resulted in the project being continued to the March 1 st City Council meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 24, 2005 meeting, the Land Use and Transportation Committee forwarded the staff recommendation pending further discussion on the options available for the overflow and existing pond at 22nd A venue SW on Lot 10 of the Lakota Ridge Plat. The Committee requested the item not be placed on the consent agenda and be discussed under 'other business'. This was done on February 15th. After deliberations, a vote was taken resulting in a split 3-3 vote between options 1 and 4. PROPOSED MOTION: "I move to Approve 100% design and authorize Surface Water Management Division staff to advertise project for bid, returning to Council for authorization to award the contract to the lowest responsive, responsible bidder based on Option 1 as described in the attached February 15th Council Agenda Bill with a 20-inch pipe in lieu of the originally designed 18-inch pipe." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/lOf2001 k:\council\agdbills\2005\3- I -05 east branch lakota creek 100% design and authorization to bid.doc MEETING DATE: February 15,2005 ITEM# --I CITY OF FEDERAL WAY City Council AGENDA BILL D CONSENT D RESOLUTION [8J CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARIN D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ SUBJECT: AG 03-058 East Branch Lakota Creek Restoration; 100% Design Approval and Authorization to Bid CATEGORY: A~CHME:~ M emo:,~~ ~=d~S:~~ ~ rt_~o= ~=uary ~4~ - - - SUMMARY /BACKGROUND: This project restores apl}\.tØ;elY 2,625 lineal feet of the East Branch of Lakota Creek from the mouth of the creek, upstream to SR-509 at Lak:Mo/1>ark (the upstream limit); including an unnamed tributary (hereafter refeITed to as the North Tributary) which extends}lpproximately 500 feet off of the right bank half way through the project limits. Several fish passage impediments willÄ5e eliminated; selected stream banks stabilized, and fish habitat structures added. In addition, stormwater flows will b71ight lined from the upper end of the North Tributary to the East Branch to reduce channel erosion in the North Tributapý and reduce sediment input to the East Branch. ,I I The LUTC Committee approved the 85% design ~~ge of the project on November 15, 2004. The 100% project design is completed and was presented to the Land Use ..ánd Transportation Committee on January 24th, 2005. At this meeting, residents on 22nd Avenue E, the Zuriligens, mrie a request to redesign the project to eliminate an existing pipe discharge onto their property. 1/ The Zuriligen's own Lot 10 in the Lakot Ridge Plat which contains a private drainage pond created through the platting process and constructed in 1974. Neit r the pond nor the drainage easement was ever dedicated to King County so they were never transfeITed to City owner ip. The City does not own or have maintenance responsibility for the pond or the inlet or outlet pipes. The 1974 Plat ocument shows a IS-foot building setback and drainage easement on the lot and the approved 1974 engineering plans how the same information and a designation for a "drainage basin" along with the information necessary for cons ction of the pond. There is no doubt that the pond was a requirement ofthe development in 1974 and that it has existed nce as a pond since construction in 1974. I / When the City's project~' under design, it was thought that the pipe discharging onto the Zurilgen's property could be removed, however a~th project came closer to the 100% design, it was determined that due to the close proximity of a steep sloped ravine (were the water cuITently flows), it would be in the best interests of the City to maintain the existing flow path in the eve ality of an overflow from the new pipe system. / The Zurilgen's ¡e" dissatisfied with this option and have requested the City redesign the project to eliminate the existing pipe dischargiJig into the pond on their property. They have proposed a new overflow be constructed off of their property into the raviné. At the LUTC meeting on the 24th, the Committee requested SWM prepare options for their consideration at the Cou~~il meeting on February 15th, 2005. The following are the options as SWM sees them along with the pros and cons fo~ e~h. /// . ( hi6: - ~ ' ~ ~ ;j¡~~! d-U~~' " ,J ~( OPTIONS: In considering the options, an additional factor needs to be included at this time. As a part of reviewing the project components in order to respond to the Zurilgen's request, the City's consultant has identified an issue with the current design. Based on investigations into pipe availability, the consultant has been informed that the 18-inch pipe called for on the plans is expected to be in limited supply nationally. There is a high likelihood that if bid as proposed, the contractors will not be able to obtain the required pipe. As such, the consultants are recommending the design be modified to increase the pipe size to 20-inches, which is expected to be readily available. The increased cost to the project is expected to be between $15,000 and $20,000. The project has available funding to cover this increase. This has been reflected in the new cost estimate below. The total project cost due to construction costs, contingency and construction management has increased by $25,000 due to the increased pipe size. Option 1: Continue with the project as currently designed with continued use of the pipe into the pond on the Zurilgen's property . . Pros: continued use of the existing drainage system will not require a redesign, SEP A documentation revisions, schedule delay, or increased costs. The existing pond will no longer see flows with every rain event. Instead, the frequency of flows to the pond will reduce to approximately the 50 year rainfall event (3.9" of rain in 24 hours). . Con: The Zurilgen's will see flow into their pond occasionally due to excessive storms and/or blockages of the new pipeline. The Zurilgen' s will not be able to fill the pond and access more of their property. Option 2: Plug or remove the pipeline from the street to the Zurilgen's pond and keep the design as planned. . Pros: Zurilgen's increase opportunity to fill the pond. Action by the Zurilgen's to do so would require them to go through the Plat Revision process. . Con: Overflows from the pipe system would flow over the ravine sides potentially causing damage and significant erosion which could create liability to the City. Damage to the ravine would also result in increased sedimentation down in Lakota Creek which could negatively impact the restoration efforts of this project and existing habitat for salmonids. Option 3: Plug or remove the pipeline from the street to the Zurilgen's pond and construct a new overflow into the ravine. . Pros: Same as above for Zurilgen's. City would now have overflow back into ravine for extreme events or occurrences where pipe is blocked. . Cons: Construction of a new overflow onto the downstream property would necessitate obtaining an easement from the adjacent property owner. The current owner's family contested the original discharge with King County and the issue was very contentious. It is highly unlikely that the City would be able to obtain an easement to construct a new piped discharge with a free outlet into the ravine on their property without legal action. Construction of a new overflow would likely require modification to the SEP A documentation that would result in a delay of the project. In consultation with the design engineers, we see the following issues with a new overflow: the design of the new outlet and plans and specifications modifications would require an additional eight (8) weeks; due to the steepness of the existing slope into the ravine, a geotechnical firm would need to conduct evaluations of the bank to determine how the pipe overflow and structures could safely be designed and installed; the preliminary costs for engineering, geotechnical evaluations, and construction are between $42,000 and $70,000. The project could be delayed long enough that the WSDF&W Hydraulic Project Approval (HPA) permit could not be complied with for construction within the creek within the allowable fish window (typically July 15 through September 30) and therefore construction in 2005 would be unlikely. Delays in construction would likely require plan modifications for habitat restoration components in 2005/2006 due to changes in the creek topography from winter storm events. Option 4: Upsize the new bypass line to accommodate up to the 10O-year storm and continue use of the pipe into the pond on the Zurilgen's property: . Pros: Same as for option 1. Risks for overflow down the steep ravine are diminished for large events. Cons: Construction of the larger pipe will increase project costs approximately $40,000 over current estimates. . PROJECT COSTS AND CONTINGENCY: ESTIMA TED PROJECT EXPENDITURES: Preliminary Design Final Design Year 2004 Construction (Estimate) 10% Construction Contingency 15% Construction Management $ 162,518 $ 57,844 $ 506,744 $ 50,674 $ 76,011 $ 853,791.00 TOTAL PROJECT COSTS AVAILABLE PROJECT FUNDING: PROJECTED PROJECT SAVINGS: $ 1,480,597.00 $ 626,806.00 Current project savings are contingent upon final bids and the stream's response to winter storms this year. If a large event occurs, the design may need to be modified as was necessary on earlier stream restoration projects. ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 24, 2005 meeting, the Land Use and Transportation Committee forwarded the following staff recommendation pending further discussion on the options available for the overflow and existing pond at 22od Avenue SW on Lot 1O of the Lakota Ridge Plat. The Committee requested the item not be placed on the consent agenda and be discussed under 'other business'. """"""""""""""""""""'" ..................................................................................................................................... PROPOSED MOTION: "I move to Approve 100% design and authorize Surface Water Management Division staff to advertise project for bid, returning to Council for authorization to award the contract to the lowest responsive, responsible bidder based on Option 1 as described with a 20-inch pipe in lieu ofthe originally designed 18-inch pipe." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D D D D þ)1 tis 3-:' O¡rhlY\ v)Jüls 3-3 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # APPROVED DENIED T ABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) . d-rv Plies k:\council\agdbills\2005\O2-15-05 east branch lakota creek restoration IOO%.doc CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: January 24, 2005 Land Use and Transportation Committee David H. Mos.~anager Paul A. Bucich, pJ., ~urface Water Manager '~- AG 03-058 East Branch Lakota Creek Restoration; 100% Design Approval and Authorization to Bid FROM: SUBJECT: POLICY QUESTION: Should the Council approve design of the East Branch Lakota Creek Restoration Project and authorize Surface Water Management Division staff to advertise the project for bid? BACKGROUND: This project restores approximately 2,625 lineal feet of the East Branch of Lakota Creek from the mouth of the creek, upstream to SR-509 at Lakota Park (the upstream limit); including an unnamed tributary (hereafter referred to as the North Tributary) which extends approximately 500 feet off ofthe right bank halfway through the project limits. Several fish passage impediments will be eliminated; selected stream banks stabilized, and fish habitat structures added. In addition, stormwater flows will be tight lined from the upper end of the North Tributary to the East Branch to reduce channel erosion in the North Tributary and reduce sediment input to the East Branch. The LUTC Committee approved the 85% design stage of the project on November 15, 2004. Currently, the project design is completed and hereby presented for your consideration and approval to bid. PROJECT COSTS AND CONTINGENCY: ESTIMATED PROJECT EXPENDITURES: Preliminary Design Final Design Year 2004 Construction (Estimate) 10% Construction Contingency 15% Construction Management TOTAL PROJECT COSTS $ 162,518 $ 57,844 $ 486,744 $ 48,674 $ 73,012 $ 828,792.00 AVAILABLE PROJECT FUNDING: $1,480,597.00 PROJECT SAVINGS: Current project estimates indicate a savings of up to $651,805, contingent upon final bids and the stream's response to winter storms this year. If a large event occurs, the design may need to be modified as was necessary on earlier stream restoration projects. January 24, 2005 Land Use and Transportation Committee AG #03-058; East Branch Lakota Creek Restoration-l 00% Design and Authorization to Bid Page 2 OPTIONS: 1. Approve the 100% design for the East Branch Lakota Creek Restoration Project and authorize Surface Water Management Division staff to bid the project and return to the City Council for permission to award the project to the lowest responsive, responsible bidder based on available funding. This option complies with the SWM Capital Facilities Plan. 2. Recommend Suiface Water Management Division discontinue this project. This option would be a cost savings to the Utility; however, there would be continued degradation to an aquatic resource. There would likely be damage to recent main stem restoration efforts due to deposition of erosion materials from the East Branch. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the February 15,2005 City Council Consent Agenda for approval: Approve 100% design and authorize Surface Water Management Division staff to advertise project for bid, returning to Council for authorization to award the contract to the lowest responsive, responsible bidder. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the February 15,2005 City Council Consent Agenda. APPROVAL OF COMMITTEE REPORT: Michael Park, Member z;;:J.l ric Faison, Member cc: Project File - East Branch Lakota Creek AG 03-058 Day File K :\LUTC\2005\ 1-2-1-05 Fast I.ak\)ta~ c,"'L'k 100"<, Draïl.doc MEETING DATE: March I, 2005 ITEM# :IL-ÇL) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: PSE Easement for Evidence Building CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 RESOLUTION ~ CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 A TT ACHMENTS: FEDRAC staff report and draft easement. SUMMARY/BACKGROUND: See attached FEDRAC staff report. CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC did not make a formal recommendation due to an error on its agenda that showed the item as information rather than action. However, committee members were comfortable with staffs recommendation that the City Council authorize the City Manager to grant an easement to PSE. PROPOSED MOTION: "I move to authorize the City Manager to grant an easement to PSE." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST d' . rea mg Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT SUBJECT: February 22,2005 Finance. Economic DeveloP'F"A ~d _R~gio.nal Affairs Committee David Moseley, City Manage'fW '-' ~, Derek Matheson, Assistant City Manage~ PSE Easement for Evidence Building DATE: TO: VIA: FROM: Policy Issue Should the City Council authorize the City Manager to grant an easement to Puget Sound Energy (PSE) to provide electrical service at the new evidence building and parking annex? Background The City needs electrical service at the new evidence building and parking annex. The parking annex is currently served by a temporary connection under S. 333rd St. PSE requires customers with commercial loads to grant the company an easement before it will install the necessary equipment. The attached easement, prepared by the City Attorney's Office and reviewed by PSE, grants the company an easement for its equipment. Options Positives Negatives 1. Authorize the City . PSE will provide necessary . None Manager to grant an electrical service easement to PSE . Easement was anticipated in architectural design, so will not impact City's planned use of property 2. Do not authorize the City . None . PSE will not Manager to grant an provide necessary easement to PSE electrical service C,.-l Staff recommendation Authorize the City Manager to grant an easement to PSE. Committee recommendation : ~ F8rwm-tl optiol'l- 19 t13.8 flaIl City Cs1:1Heil fur ðf'þIéHal öll MðICh 15,2005. - APPROVAL OF COMMITTEE REPORT: 'q;;ff~ ""'.", "!~ Cominittee Chair C-2 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R/W Department (J. Mai) PO Box 90868f GEN-03E Bellevue, W A 98009-0868 EASEMENT REFERENCE # GRANTOR: CITY OF FEDERAL WAY GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Legal Description indicated below. ASSESSOR'S PROPERTY TAX PARCEL: 926500-0190 and 926500-0195 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein) its successors and assigns, for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in KING County, Washington: 926500-0190 (PARCEL A): LOT 19 OF WEST CAMPUS OFFICE PARK DIVISION 1, ACCORDING TO PLAT RECORDED IN VOLUME 97 OF PLATS AT PAGES 55 THROUGH 58, INCLUSIVE, IN KING COUNTY, WASHINGTON. 926500-0195 (PARCEL B): LOT 20B, KING COUNTY SHORT PLAT No. 1077021, RECORDED UNDER KING COUNTY RECORDING NUMBER 7801060552, SAID SHORT PLAT BEING DEFINED AS A PORTION OF LOT 20 OF WEST CAMPUS OFFICE PARK DIVISION 1, ACCORDING TO PLAT RECORDED IN VOLUME 97 OF PLATS AT PAGES 55 THROUGH 58, INCLUSIVE, IN KING COUNTY, WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: EASEMENT AREA No.1: THE SOUTHWESTERLY 20 FEET OF THE SOUTHEASTERLY 20 FEET OF THE ABOVE DESCRIBED PARCEL A. EASEMENT AREA No.2: THE SOUTHEASTERLY 20 FEET OF THE NORTHEASTERLY 30 FEET OF THE ABOVE DESCRIBED PARCEL B. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity. Together with the right of access over and across said Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. As used herein, the tenn "systems" shall include all appurtenances and facilities as are necessary for the operation and maintenance of said systems. K:\PSE Easement Evidence Bldg PSE WO# 105032275/ REDT# 53738 Page 1 of 3 C3 2. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings or structures on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 3. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 4. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall tenninate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. DATED this day of ,2005. GRANTOR: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION GRANTEE: PUGET SOUND ENERGY, INc., A WASHINGTON CORPORATION BY: David H. Moseley, City Manager 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 BY: Jennifer Mai, Real Estate Representative APPROVED AS TO FORM: BY: Patricia A. Richardson, City Attorney K:\PSE Easement Evidence Bldg PSE WO# 105032275 I REDT# 53738 Page 2 of 3 eLf STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of ,2005, 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 the municipal corporation that executed the foregoing instrument and acknowledged the same to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument. of the WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. (Signature of Notary) (Print or stamp name of Notary) Notary Public in and for the State of Washington residing at My Appointment Expires: STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 2005, before me the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared Jennifer Mai, to me known to be the Real Estate Representative ofPuget Sound Energy, Inc., the corporation that executed the foregoing instrument and acknowledged the same to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. (Signature of Notary) (Print or stamp name of Notary) Notary Public in and for the State of Washington residing at My Appointment Expires: K:\PSE Easement Evidence Bldg PSE WO# 105032275 I REDT# 53738 Page 3 of 3 C5 MEETING DATE: March 1, 2005 ITEM# l![X {J CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: WiFi Proof of Concept Project Scope and Equipment Purchasing Resolution CATEGORY: BUDGET IMP ACT: -.J CONSENT ,9 RESOLUTION ~ CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: 1) February 22, 2005 Memo to FEDRAC; 2) February 8, 2005 Memo to FEDRAC; 3) Powerpoint Presentation presented to FEDRAC on February 8, 2005. SUMMARYIBACKGROUND: WiFi (Wireless Fidelity) is a growing technology used at home. in businesses, and by communities around the world. The City received funds through a COPS grant for providing wireless access for public safety purposes. In addition, many communities are examining this technology as a cost effective way of providing affordable broadband access for both their businesses and residents. The preliminary pro-forma shows the potential of a self-funded citywide WiFi network that would provide affordable broadband Internet access. This action will authorize staff to construct a small scale pilot project that will allow the City to test the assumptions for a self-funded citywide WiFi network in conjunction with the public safety wireless project. The Public Safety WiFi network will equip 30-40 cars with access to the city network from five to ten wireless access points through a secure network covering a portion of the cìty, which will be tied into the existing city fiber I-Net system. The Public WiFi pilot project will consist of two or three mixed demographic areas in the city, covering up to two square miles with ten to fifteen access points, which will connect to the central network using city-owned or leased linesfequipment. Total cost ofthe project is $350,000 with $100,000 funded by grants; it will require an additional $250,000 in City resources. Staff recommends using excess REET collected in 2004 for this additional funding need. Staff is requesting to expedite purchasing approval process to meet the grant deadline of May 2005. CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC forwarded this item to the March I Council meeting as a business item for deliberation; with final action anticipated at the March 15 regular Council meeting. PROPOSED MOTION: "I move to forward the WiFi Proof of Concept Project Scope and Equipment Purchasing :::;'::;~ ::~:~;~:~ ::~h 15 reg" I a~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED D T ABLEDfDEFERREDfNO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: February 18, 2005 Finance, Economic Development and Regional Affairs Committee David H. Moseley, City Manager Mehdi Sadri, Management Services Director "'"'- Wireless Broadband (Wi-Fi) - Proof of Concept Scope Subject: Background At the Feb 8, 2005 FEDRAC committee meeting staff presented background information on the WiFi technology and its growing use at home, in businesses, and by communities around the world. The preliminary pro forma shows the potential of a self-funded citywide WiFi network that would provide affordable broadband Internet access. The next step would be to construct a small scale pilot project that will allow the city to test the assumptions. The Committee approved that staff to develop a proposal for such a pilot project and to incorporate the proposed funding in the carry-forward budget for Council consideration. Summary Attached is the conceptual scope of the pilot project. A key consideration in selecting the pilot areas is the distance from the City Hall -- the nerve center of the system, where all signals collected by the Access Points must go for authentication and access; and!or the availability of city or other government owned conduits and facilities. Overall, the conceptual pIan for the public safety and the public access systems combined consists of around 25 fixed Access Points (APs), up to 5 mobile APs, possible adding copper and fiber optics lines or wireless backhaul equipment. The public safety system will cover an area around one (1) square mile, with an extended area of four (4) square miles. The public access APs will cover a core oftwo (2) squire miles containing approximately 5,000 dwelling units, businesses, office parks, and public spaces, with an extended coverage area up to five (5) square miles covering 12,000 dwelling units. The exact 10cations of these pilot areas will be adjusted during the detail design phase. The implementation of the public safety element and the public access element will be coordinated to maximize efficiency and economy of scale. The proposed time line is very aggressive. In addition to the importance of starting a unifonn network to minimize competing networks challenges in the future, during the investigative process, staff found that the demand for the WiFi equipment has been increasing over the past 90 days and is still growing quickly, some vendors warned that the delivery may be delayed up to 120 days. The nonnal bid award! approval processes would typically add 30 days to the equipment selection process. To meet the grant timeline and to prevent the project delay by backlogs, staff requests Council wave section 11 (h) of the purchasing policies in the attached resolution authorizing staff to award the bid and execute the necessary purchasing orders as early as possible. Staff will provide reports of the equipment selection and project progress to the FEDRAC monthly. COMMITTEE RECOMMENDA nON: dtscvÇSlíi'7\ at- Forward the WiFi proof-of-concept proposal to full Council for apfJf8val-afl March 1 Council meeting; f.,4JL-H1 '-n'Nj I cmci to alluw t:}\,pCàit8d Þiè Q"'1rd f9f-equipIIlI:Ill puH,La5~å f9r tHe }'Jrøj8et -tr> bt ~ PIt & M{rt~ Ie; ÚrMCt( 1VI€~11t1 - APPROVAL Y OMMITTEE: ;---- g:\fedrac\fincommt\2005\O222\wifi pilotdoc 1 of 4 C;\ PUBLIC SAFETY ELEMENT 2005 WiFI Pilot Project Scope The purpose of this project is it to set up a wireless (WiFi) network for Public Safety purpose so officers can access the City network and other technology capabilities at lower costs and higher bandwidth than current cellular data services. Project objectives The Public Safety WiFi grant objective is to equip as many police cars as possible and provide the largest and most critical coverage for access to the network through WiFi technology, while maintaining the systems security and reducing cellular connection cost. The funding available through COPS grant and the City match for this project is approximately $100,000. Project components/estimated costs: Hardware Police car basic equipment Police car w/router equip (Mobile APs) Access Points Back haul network Network/Server Equipment Antenna site equipment Software Authentication, Access, Security Installation Car systems set up AP antenna/tower setup Support/Operations Training, SW/HW maintenance & support Miscellaneous Potential Other Broad Band Equipment/Applications WiFi phones Network printing devices in cars Web cameras in cars 30 - 40 cars 5 cars 6-10 sites 1-2 pairs 6-10 sites 6-10 sites 30-40 Licenses 30-40 cars Total = $100,000 $150/car $6,000 $4,000/car $20,000 $3,000/ea $30,000 $3,000/ea $6,000 $1,000/ea $10,000 $500/ea $5,000 $75/ea $3,000 $150/car $6,000 Staff Staff $6,000 $8,000 Coverage area The core coverage area is approximately 1 square mile, with an extended coverage area up to 4 square miles. The core coverage area is within a % mile radius of an access point, and the extended coverage is Y2 mile radius within the line of sight. Implementation Timeline Detail design Equipment purchase Installation and testing Pilot 4-6 cars Grant purchase deadline Performance review 1 Network adjustments Performance review 2 PS WiFi roll out Feb. 2005 Mar. 2005 Apr. 2005 May. 2005 May. 2005 Jun. 2005 Jul. 2005 Aug. 2005 Sep.2005 Network Expansion Potentials Once the infrastructure is in place, it could provide wireless broadband access to other City departments as well as other government entities. Staff has made some initial contacts with the Fire Department, School District, and Lake Haven Utility District in their interest in accessing the system and potential sharing costs and/or facilities to expand the coverage area. In addition, City will continue seeking grant opportunities to expand the network. g:\fedrac\fincommt\2005\O222\wifi pilotdoc 20f4 G ~ PUBLIC ACCESS ELEMENT The purpose of this pilot project is to determine the feasibility of providing a citywide broadband access system at an affordable price for the general user but without public subsidy. This will require the city to test technology, customer needs, as well as the financial feasibility. Technology Test: To provide citywide fee-based service, the technology must provide a carrier grade service, provide secure and reliable accesses; is expandable and built on standard technology that is supportable and with good chance of forward compatibility. Financial Feasibility Test: To be financially feasible, the system must allow us to get clear understanding of capital and operating costs; service demand and appropriate pricing; customer billing and payment system; and the ability to remain competitive in the long term. Public pilot network structure overview: . The pilot will consist of wireless network access points in two or three areas of the city with mixed demographics. . Access points will be connected to a central location (network hub -- City Hall) through City installed fiber or other wireless/wired connections. . Network hub will be equipped with systems for accounting, access, and authentication and will provide other basic ISP services (E-mail, web hosting). . The network hub will have a gateway to the Internet. . City and will make the network available to any registered user at no cost during the testing period and for a period of two months after system reach stability. . Paid subscription will start thereafter with a targeted fee of $24.95 per month. . City will provide network equipment on a free loaner basis during the pilot period. . A paid subscriber can keep the equipment at no charge with a one-year subscription. . Professional installation will be available at user's cost. . City will provide customer service during business hours. Project components and cost estimate 1. Special client equipment for network access 2. Access Point equipment (Radios, APs, antennas, amplifiers, Power supply, cables) 3. Network Backhaul (fiber optic line, twisted pair, or point to point wireless bridge to connect access points to the central network) 4. Hub equipment: servers, switches, firewall, routers 5. Office support software: for user security, authorization, accounting, access, payment, and traffic monitoring 6. Internet access (up to 6 T-1 equivalent capacity) 7. Installation: AP antenna/tower setup 8. Project Management, customer support, office operations, technical support, network monitoring, general maintenance, network configuration, hardware, Software maintenance 9. Marketing/Training 10. Project contingency Grand Total 100 units $100/ea $10,000 15 units $3500/ea $52,500 3 sites $8,000/ea $24,000 $20,000 $20,000 12 months $3,500/mo $42,000 15 units $200/ea $3,000 1-year $50,000 $10,000 $20,000 $251,500 g:\fedrac\fincommt\2005\O222\wifi pilotdoc 3 of4 &3 Coverage area The core coverage area is approximately 2 square mile, with an extended coverage area up to 5 square miles. There are approximately 5,000 dwelling units in the core area and almost 12,000 dwelling units in the extended area. Again the core coverage area is within a v.c mile radius of an access point, and the extended coverage is Y2 mile radius within the line of sight. Implementation Timeline Council approval Detail Design Equipment purchase Systems setup and testing Pilot begins 4 cells Performance review 1 Pilot expand Performance review 2 Citywide WLAN cost estimatelDecision Attachments: Public Safety Wifi network concept (drawing) . Public Safety Network diagram Public Wifi pilot network concept (drawing) Public Network diagram . Resolution waving section 11 (h) g:\fedrac\fincommt\2005\O222\wifi pilotdoc Mar 2005 Mar 2005 May 2005 Jun 2005 Aug 2005 Sep 2005 Oct 2005 Nov 2005 Spring 2006 4 of 4 C/1 Ç) V\ Proposed Federal Way Public Safety WiFi Network Legend Strongest Network Signal Weaker Network Signal ~ Additional Possible Access Points . City I-net Node . County I-net Node City I-net - County I-net ~- City Conduit Traffic Signal Interconnection. Existing Traffic Signal Interconnection. Future City of Federal Way Facilities Fire Stations ..\ N Scale: 0 0.25 0.5 I ,Miles A Fëderal Way Map Date: February 16, 2005 This map is accompanied by NO warranties, and is simply a graphic representation. - rn I ~ () ~ c: :::I- e a> Uc: , 0>- c: ~ 0)- .... c: c: ( ,-".a ~ 0.- UU- u.. G~ ~ L- e ~ a> _z e >- ~(t 6~ ëti L- a> "U a> u.. \)) -J Federal Way Public WiFi Network Pilot Proposal Legend . Potential Public WiFi Signal . City I-net Node . County I-net Node City I-net - County I-net --- City Conduit Traffic Signal Interconnection, Existing Traffic Signal Interconnection, Future City of Federal Way Facilities Fire Stations ~ N Scale: 0 0.250.5 to ,Miles ~ fëderal Way Map Date: February 16. 2005 This map is accompanied by NO warranties, and is simply a graphic representation. ~ ~ DMZ Authorization Access & Authentication Server --______FQi:.e...w..a.....1I :- t.-.- J ~~ Qwest - 0 -~--------- City of Federal Way Network King County I-net DRAFT .-;t;;~ y ; RESOLUTION NO. ¿:¿;;f-~ h¡~ ! ~ ;J...{} 0 s;- f A RESOLUTION OF THE CITY CO~~ - FEDERAL WAY, WASHINGTON, WAIVING SECTION 11 (h) ('( - OF THE CITY OF FEDERAL WAY PURCHASING POLICIES ~ FOR PURPOSES OF THE PUBLIC SAFETY AND PUBLIC WiFi NETWORK PILOT PROJECT. WHEREAS, the City of Federal Way has detennined that it may save costs by expediting the purchasing practices for purposes of Public Safety and Public WiFi Network Project; and WHEREAS, this will require the City to purchase several equipment from various vendors; and WHEREAS, the City anticipates that many of these purchased to be over $20,000; and WHEREAS, Section 11 (h) ofthe City's purchasing policies require that bids over $20,000 be approved by the City Council; and WHEREAS, the City Council approval process can take up to a month due to Council and Committee meeting schedules; and WHEREAS, this approval could cause delay in meeting the grant deadline (May 1, 2005) for purchasing the equipment for Public Safety WiFi Network and meet the project time line for the Public Pilot WiFi Network; and G:\FEDRAC\FINCOMM1ì2005\O222\11(h» Reso.doc Res. # , Page 1 (-/7 WHEREAS, the City could both increase efficiency and save costs by waiving the requirements of Section 11 (h) ofthe City of Federal Way Purchasing Policies, requiring City Council approval, for purposes of Public Safety and Public WiFi Network Project; and WHEREAS, all other Purchasing Policies and applicable state laws, such as competitive bidding requirements, will remain in effect; and WHEREAS, the City Council has detennined that it is in the public interest to waive Section 11 (h) of the City of Federal Way Purchasing Policies for purposes of meeting the grant dead line for the Public Safety and Public WiFi Network Project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Section l1(h) of the City of Federal Way Purchasing Policies is waived for purposes of Public Safety Public Wifi Network Project. Section 2. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affinned. G:\FEDRAC\FINCOMMT\2005\O222\11(h» Reso,doc Res. # , Page 2 biD Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: G:\FEDRAC\FINCOMM1ì2005\O222\! I (h» ResQ,doc Res. # , Page 3 bit CITY OF FEDERAL WAY MEMORANDUM Via: From: Subject: February 4, 2005 Finance, Economic Development and Regional Affairs Committee David H. Moseley, City Manager Iwen Wang, Management Services Director Wireless Broadband (Wi-Fi) - Proof of Concept Date: To: Policy Question Should the City proceed with developing a "proof of concept" pilot project to determine the viability of providing citywide wireless broadband services. Background Many communities had long ago determined that universal and affordable access to broadband internet service is essential to their community's long term economic vitality. Until recently, few communities could afford to provide broadband service at an affordable price to their citizens. With the advancement of wireless technology and the decrease in deployment costs, communities large and small are actively deploying Wi-Fi based broadband services. The attached whitepaper provides more detailed background information and a glimpse at what communities around the country are doing. Using experiences from some of these communities, staff developed a set of assumptions and a preliminary financial performa for a citywide broadband network, and believes it is feasible for the City to provide the service at a very reasonable rate and recover its investment in 3 - 4 years. Before the discussion of a citywide Wi-Fi project, the City had a plan to deploy a wireless solution for the police department funded with COPS grant. The grant and city's matching fund total $lOOk, with a spending deadline of May 31, 2005. While this grant can not be used for non-police purpose, it could cover the police portion of a Wi-Fi project cost. Staff Recommendation The performa suggests a citywide wireless broadband service is financially viable. But it is imperative for the City to perform a "Proof of Concept" pilot project to test the assumptions in the performa. If the Council approves this idea, staff will develop the proposed scope and cost for the pilot, and return to Council for approval and any funding. To meet the COPS grant deadline, and more importan~ly to develop the necessary knowledge and skills, staff further recommends performing and managing the pilot project internally. We believe it will provide the best knowledge base for the city to make the citywide project decision later. COMMITTEE RECOMMENDA nON: Direct staff to develop the scope and cost associated with the "proof of concept" project for the deployment of a city-wide Wi-Fi network. Incorporate the necessary funding in the 2005 Carryforward Budget Adjustment for the Committee to consider at its Februa~ meeting. 12 k:\finance \fincomm t\2005\O208\wifi. doc t Introduction The internet revolution was an incredible boon to the overall strength of the u.S. economy in the mid 90's. While the bust of the dot com bubble has dampened market exuberance, internet applications continue to evolve and expand. New applications such as high quality graphics, audio, and yideo require a much larger pipeline to accommodate the uninhibited flow of intensive digital data that come :with such applications. Therefore, the availability of b~ndwidth is what separates a community that is able and ready to reap the full benefits from the next level of technology infused economic growth and those are not. In a 2001 study, Morgan Stanley Dean Witter found that over 70% of the U.S. population have multiple choices in broadband access. However, only 10% elected to use it. The high costs involved are believed to prevent the universal adaptation of broadband. Many communities had long ago determined that universal and affordable access to broadband service is essential to their community's long term economic vitality; Until recently, few communities could afford the level of subsidies required to provide broadband service at an affordable price. With advancements in both performance and cost of wireless technology, affordable broadband is now possible. Not only is wireless becoming a cost effective alternative to fixed-line solutions for broadband access, it also opens the door for unprecedented mobility and efficiency for a wide range of applications for institutions, governments, businesses, and individual users. The type of wireless technology that is best delivers these services is debatable; however, with the level of acceptance it has achieved, there's little question that wireless technology will be a key element of the global broadband fabric in the near future. Today, communities across the nation both large and small are aggressively acquiring this technology to enhance their appeal for economic development and quality of life. The question is no longer if government should facilitate its availability, affordability, reliability of broadband connectivity, but what role it should play and when to take action. I What is Broadband? At its most basic level, "broadband" refers to the transmission of multiple communications signals via a single physical pathway. The physical pathway can use one or more transmission media, such as copper/coaxial wire, optical fiber or radio spectrum. The communications signal can be voice, data, video, music, or other format. In comparison, a "baseband" connection allows the analog transmission of only one communication signal over a single pathway. Speed is also an important part of the definition, and it is measured both coming and going. Downstream speeds of 1.54 Megabytes per second (Mbps) or higher deliver broadband services like streaming video, interactive online games and downloads of high-resolution graphics, music and video clips like movie trailers. Because of the nature of these particular applications, the upstream transmission requirement for these services can be far less. On the other hand, 1.54 mbps may be too slow to support high bandwidth applications like video on demand. Throughput speed is in the eye of the beholder, however, and some organizations are willing to include far slower rates in their definition. Broadband has become synonymous with high speed Internet connectivity. This service is provided in multiple ways, with cable modem and Digital Subscriber Lines (DSL) being the most common. Other broadband delivery mechanisms include fiber optic, fixed wireless, digital broadcast, third generation wireless, satellite and a more recent phenomenon, Wi-Fi (wireless fidelity). Wireless Technologies There are many wireless technologies. The table below shows those available today or in the near future that deliver broadband access. Name Current Deployment Future Applications Challenges Wi-Pi (802.11) U sed to create citywide Networks with larger Routing data can wireless networks. areas and using less create bottlenecks. bandwidth for routing activities. WiMAX (802.16) Backhaul for Wi-Pi Mobile broadband. High consumer networks and fixed premise equipment wireless broadband for (CPE) cost limits Tl replacement. current market. 3G Used to provide voice International network Required to wait for and data coverage for will allow roaming & commercial carriers mobile users. interoperability. to deploy. 2 Under Wi-Fi, there are various "flavors" utilizing different radio frequencies. Most wireless equipment use the following two bands of unlicensed frequencies. Technology Frequency Range Speed Devices Compatibility 802.11a 5.8GHz 25 to 75 feet Up to 54Mbps Laptop Not compatible indoors; range computers, with 802.11 b, can be affected by PDAs, cell 802.11g building materials phones 802.11b/g 2.4GHz Up to 300 feet Up to 11 Mbps Laptop Other 2.4GHz indoors; range computers, devices, like can be affected by PDAs, cell cordless phones, building materials phones may disrupt connection The 2.4GHz is a multi-path, very high frequency that can pass though concrete, brick, steel, but is challenged by foliage or other material that absorbs radiation (water resonance). The 5GHz technology is very similar, but has limited absorption from foliage. However it also has a decreased coverage area. Wi-Fi IWLAN Hardware/Software Architecture A wireless network generally consists of Access Points (AP), Gateways, Antennas, and Wi-Fi receIvers. Access Points are radio transmitter and receivers that communicate with the other Wi-Fi transmitter and receivers in edge devices like laptops, PDAs or Wi-Fi Phones. Antennas are an important part of a Wi-Fi network, allowing direction of the network a certain way, or having it open to all directions. Gateways are access points that are also connected through hardwiring to other networks. Wi-Fi Software There are several layers of software that are needed in a Wi-Fi network for security, compression, authentication, accounting, design tools and maintenance. Wi-Fi Limitations Shared Frequency: Wi-Fi frequencies are not licensed and can be used by anyone for any purpose. This increases the chance of interference amongst Wi-Fi equipment and other appliances. It also increases the security concerns of the system. Distance: The FCC allows a maximum of I-Watt output power from any Wi-Fi device, making it less able to penetrate buildings, walls or cover a long distance. Bandwidth: As the number of users increases, the bandwidth available to each person reduces. An 802.11 b Wi-Fi network, which provides a maximum of 11 MBPS can only effectively handle 3-6 users at a gIven. 3 Demand and Competitive Environment Like any business venture, a citywide Wi-Pi operation has inherent business risks. Knowledge, skills, planning, and sound management practices provide the best protection against business risk. The chosen business model must ensure the City's ability to have a good handle on these factors. In addition to the operational risks, the current broadband service providers are all telecommunication giants with deep financial resources. Should the City decide to provide citywide service directly or indirectly, it needs to be ready for both political and financial challenges. The table below shows the primary players of high-speed Internet service in the area and their monthly fees. Even the least expensive service will cost $40 per month. In comparison, dialup services are available at as little as $7 per month. Wireless broadband "hot spots" are only available at a few locations; however, many are free in coffee shops, bookstores, and hotels. We have not seen evidence that communities that offer free or cheaper Wi-Fi broadband services have affected prices of commercial service providers. However, service bundling, enhanced speed, and richer internet service features are very common and could also affect competition. Cable Modem Ma.or rovider Seed Month! Fee Qwest Choice 256f256 $31.99 Qwest Deluxe 896kJ1.5 rnbps $44.99 Earthlink (via 256kJ1.5 rnb s $39.95 Corncast 258kJ1.5 rnbps $45.95 (cable services subscriber) Earthlink via Corncast fiber 256kJ1.5 rnb s $45.95 Qwest 56kbps $18.95 (wfqualified home phone package) Various roviders 56Kb s from$6.95 T e of Service DSL Dialup service In addition to business risks, the high tech industry is also subject to the risk of changing technology. A new system deployed today can easily become a "legacy" system tomorrow, and lose its competitive edge against faster, cheaper, more reliable, and more efficient systems tomorrow. The "window of opportunity" for this generation of Wi-Pi equipment, we believe, is between 3 - 4 years. By this time, the more robust WiMax or better equipment will very likely be widely affordable and can provide more reliable signals, much broader bandwidth, and lower overall operating costs due to fewer required units in the infrastructure. Therefore, to remain competitive, the system will need to be able to pay for itself within 3 years and continue to upgrade every 3 years or so. It needs to build on a common platfonn to have the best chance of support and compatibility for future equipment. With these considerations in mind, we believe a public service as well as a financial case can be made for a citywide Wi-Pi broadband network. 4 ISubscriber Projection I Total Household' As shown in the very performa above, with a monthly fee of $24.95, assuming a 5% rollout subscription, and ramping up to 35% households over a five-year period, a citywide Wi-Fi could be self-sustaining financially and provide cheaper broadband access for a number of city operations and potentially other governmental and educational organizations. City of Federal Way Wi-Fi Financial Performa , ~MO ' ~M1 ,~M2 ~M3 11 % grow thl ' 33,00~l" 33,33~ : 33,663 ! 34,000 1 I 5%1 15%: 25% 300/0 , ; u~~50 i., 5,000 ' 8,416 ,,10,200 [ 30 30 ! 30 ¡ ~ 30 "i~ 8,476 1 10,260 i Year 4 34,340 ipal 1 AJblicSafety ¡Total Subscriber Accounts '-1-- ~ 301 1,680 i .., ,i, 30 ! 5,030 I 35% 12,019 ; 30 Year 5 , 34,683 I ,35%1 12,139 30 I 30 I 12,199 [ $24.95 " 30 [ 12,079 I . ' I Operating Revenue/Exp prOj~ction I rAnnü8ì "operat¡ñgRevenl.le r"--~-""" "'_--,,~-,...,."'-~'~'- 1'~:a:J~~:ndiil.lre"""""'" f6tÎÏerÊXper,diil.lres' - ,., ¡ Earning Before Depreciation I I ¡Depreciation (3 year rolling) Net Income ' I . '" '" . ¡ (675,000)1 ,,' (461;210) ,..u---+_~u.__L- shí=low--"~ ----"l' ,T g Before Deprecia¡iOn"r----"'-j-u"2'13,791 CaPitaIOutflowu.....,..._~t-., I (1,012,500) (675:000)\ (67s.ÖOÖ) I '" (16,095), 1'432,344 658,905 (1,012,500) 1,107,344 (675,000)1 (675,6ÖO)I. (675,000)] 669,384 911,075 927.019 .........".L,...,,~,._,_..._- _.,'--,~ ,~. .., ~.~_.._,u.~...,.,... .......... I ,384 ¡ 1,586,075 1 602 01~ (2,025,Oooit'.. " [ * Including households annexed in 2005. The performa is based on a capital cost of$2.02 million, and per account operating cost of$182 per year. A breakdown of the estimates can be found in Appendix 1. 5 Business Model There has been a long history and many examples of government broadband service. Most of these communities operate the service as part of or in conjunction with their electric utilities. Some set up a separate utility to provide broadband service. The provision of Wi-Fi is less consistent at this time. As shown in Appendix 2, the two-dozen or so cities/communities in the U.S. have approached it differently. Some cities decided to totally leave it to the private sector. Seattle's CTO was quoted, saying that the city government may be poorly suited to oversee network security and customer service, and "with the advent of new wireless technologies like the Wi-Max standard, in which transmitters could send signals 30 miles instead of 300 feet, the city risks adopting a system destined for obsolescence." For those communities that have decided to take on more active roles, the following are three typical models. 1. Public Utility Model City/community owned/operations system. Can be a single entity or composed of different companies that provide different parts of the value chain: ownership, operations/maintenance, services and support, settlement and billing, marketing and sales. Objectives To provide affordable, universal broadband service at a self-funded basis. Focused on quality of service, security, and at a breakeven or slightly better price. Funding Governmental grants General governmental funds Borrowing from internal utility funds External borrowing (LaC, notes, or bonds) Advantages Have full control over policy and pricing to achieve intended goals. Have full control over security of the system, particularly if public safety agencies will be part of the users. Access to the ROWand other city and government owned properties, including fiber lines and conduits. Results in a high quality of service and secure network. Disadvan tages Ability to adapt quickly to changing business environment. New line of business for the City; need to acquire the knowledge and skills 2. Free Community Wireless Network Objectives Provide free wireless access for citizens Mainly used by citizens for low bandwidth activities for short periods Lower reliability and security because it is viewed as an amenity Used for economic development, often in more historic areas Funding Government funding! grants Foundation grants, fundraising efforts in the community Exchange access to governmental properties and governmental business accounts for a private operator to build and provide limited free access in certain hot zones. 6 Advantages No direct governmental investment, and thus no risk Little concern over level of service Provides wireless service May help revitalize certain areas in a community. Disadvantages Network security and reliability is uncertain. Cannot be securely and consistently used to enable Digital City applications If privately owned, city will have no control/influence of pricing thus achieve the goal of universal access 3. Cooperative Wholesale Model Objectives Provide network connections for all government agencies at cost, thereby saving taxpayer money. . Sell excess capacity at wholesale prices to private providers who then retail wireless services to businesses and individual consumers. Funding Local governmental fund State and federal grants Revenue by selling excess capacity wholesale to wireless Internet service providers, existing te1cos, etc. External borrowing Advantages Share risk and profit with other government agencies Provide base for universal access Does not directly compete with commercial service providers. Saves government offices, schools, and hospitals money Retain control of network security Retain control of level of service Influence of retail price Disadvantages Multiple government decision process can be slow and inefficient for a high tech businesses Multiple entities with different missions/objectives 7 Legal Environment Does a Washington code city have the authority under current law to offer Wireless Fidelity (WiFi) service to the public? The brief answer is yes. Under current federal and state law, a Washington city may provide WiFi services to the public. Analysis Washington State Law The Legislature has authorized cities and towns to provide certain utilities such as electricity, gas, water, sewerage, and solid waster services. See RCW 35.92.010, 35.92.020, 35.92.050, 35A.80.0l0. But the question arises whether the list ofpennitted utilities set forth in statute is exclusive. This was considered in City o/Issaquah v. Teleprompter Corp., 93 Wn.2d 567, 611 P.2d 741 (1980). The court found that providing cable television service was of appropriate local concern to be the subject of city legislation, and that the state had not preempted the field. !d. at 572-575. Issaquah establishes that code cities do not need express statutory authority to exercise their legislative authority. However, code cities are not exempt from legislative control. Massie v. Brown, 84 Wn.2d 490, 492,527 P.2d 476 (1974). A city ordinance will be invalid (1) if a general statute preempts city regulation of the subject or (2) ifthe ordinance directly conflicts with a statute. Heinsma v. City o/Vancouver, 144 Wn.2d 556,561,29 P.3d 709 (2001). State law broadly defines "telecommunications" as "the transmission of infonnation by wire, radio, optical cable, electromagnetic, or other similar means." RCW 80.04.010. This definition would encompass WiFi service. A telecommunications company under state law "includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operation or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state." RCW 80.04.010 (emphasis added). Although these statutes neither expressly pennit nor expressly prohibit cities from providing telecommunications services, the definition of telecommunications company includes cities. This would support the position that cities are not preempted from offering such services. The scope of a municipal corporation's powers also may depend on whether the powers are governmental or proprietary. Hire v. Pub. Util. Dist. 2, 112 Wn.2d 456,459, 772 P.2d 481 (1989). Proprietary powers are more broadly defined than governmental powers. Where a municipal corporation is authorized to conduct a business, it may exercise its business functions in much the same way as a private entity. City o/Tacoma v. Taxpayers o/Tacoma, 108 Wn.2d 679,694, 743 P.2d 793 (1987). The provision of a product or service to the public - such as water, electricity, or telecommunications - is a proprietary rather than a governmental, function of a city or county. Id. at 694. See also AGO 2003 No. 11. Federal Law The status of cities is similar under federal law. Cities are authorized under the Telecommunication Act of 1996, 110 Stat. 70,47 US.c. Sec. 253, (the Act) to provide telecommunications services, but a state may prohibit its political subdivisions from providing telecommunication services under state law. A recent United States Supreme Court decision, 8 Nixon v. Missouri Municipal League, 541 u.S. 125, 124 S. Ct. 1555, 158 LEd.2d 291 (2004), has made it clear that political subdivisions of a state are not protected entities under Section 253(a) of the Act which states: No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. The Nixon case arose out of the enactment of a statute by the General Assembly of Missouri prohibiting political subdivisions of the state from providing or offering for sale a telecommunication service. MRS Section 392.410 (7). A variety of municipal entities petitioned the Federal Communications Commission (FCC) for an order declaring the Missouri statute unlawful and preempted under Section 253 of the Act. The FCC refused to declare the Missouri statute preempted. In re Missouri Municipal League, 16 FCC Rcd. 1157,2001 WL 28068 (2001). The FCC concluded that "the tenn 'any entity' in section 253(a) ... was not intended to include political subdivisions ofthe state, but rather appears to prohibit restrictions on market entry that apply to independent entities subject 0 state regulation."z It also relied on the principle of Gregory v. Ashcroft, 501 U.S. 452, 111 S.Ct. 2395, 115 LEd.2d 410 (1991), that Congress needs to be clear before it constrains traditional state authority to order its government. 16 FCC Red., at 1169. The Supreme Court ofthe United States sided with the FCC and the Missouri General Assembly. Nixon, at 1560. 2005 Legislation The report over the last several years has been that Congress would take on a major overhaul of the 1996 Telecommunications Act during 2005. To date, however, nothing comprehensive has been introduced to Congress. Similarly, no bills have been introduced yet this year in the Washington State Legislature to address the issue of municipal telecommunications services. Conclusion Under current federal and state law, a Washington code city may provide WiFi services to the public. Although there is no express authority under Washington law for a city to provide telecommunications services to the public, a code city possesses all of the legislative powers of the state unless preempted or in conflict with state law. Federal law likewise authorizes municipal entities to provide telecommunications serviGes. States may, however, prohibit the provision of telecommunications services by political subdivision within the state. In the absence of such a statute, though, a Washington code city may provide these services, including WiFi service, to the public. 2 The FCC relied on its own earlier order resolving a challenge to a comparable Texas law, In re Public Utility Commission of Texas, 13 FCC Red. 3460,1997 WL 603179 (1997), as well as the affirming opinion of the United States Court of Appeals for the district of Columbia Circuit, Abilene v. FCC, 164 F.3d 49 (1999). 9 Attachment 1: Operating and Capital Assumption and Comparison Operating Expenditure, per account average: Service Tech, I FTE/IOOO customer Field Repair & Maintenance/Service Contract/site and T1 lease Customer Relations (sales, acct billing/maintenance, systems support etc) Management/Planning, 10% of personnel Overhead (auditing, legal, insurance, facility etc) Operating Cost per AccountlYr Op'erating Cost per AccountiMo $60 60 30 15 17 $182 $15 Capital Assumptions: Coverage Area: Estimated No. AP/Cells Capital Estimates: 1.) at $80klsm; or 2.) at $5k1cell, or 3.) Avera~e: 22.50 450 sq miles 20 $ 1,800,000 $ 2,250,000 $ 2,025,000 Sample of capital cost in other jurisdictions: Chaska Capital cells area cells/sm Capital/cell Capital per sq mile Recovery Period Cerritos, CA Capital Budget cells area cells/sm $535,000 250 14 18 $2,140 $38,214 3.01 unknown 130 8.6 15 Corpus Christi, TX Test Pilot Capital Budget $1,500,000 cells 300 area 18.5 cells/sm 18 Capital/cell $5,000 Capital per sq mile $90,000 Grand Heaven, Michigan Capital/sq mile Hermosa Beach, CA Capital area Capital per sq mile M&O $40,000 $80,000 1.3 $61,538 $18,000 Las Vegas, NV (Meshnetworks) Capital $175,000 aœa 2.0 Capital per sq mile $87,500 Fullerton, CA Capital area cells Capital/cell Capital per sq mile $55,000 2.5 9 $6,111 $22,000 (fiber line already in, in-house installation) sqmile sq mile sq mile (333/18.5 =16, but case study says 18/sm) (50% cell cost, 50% installation, other sw/hw) sq mile T-1+ 4 hrs staff time/wk sq mile ($50k mesh/$30k server) sqmile 10 Appendix 2: US Hot Cities/Communities city Scoue Public/private Fee vs fÌ'ee svstem Cost Status J. Ashland, OR Provide business access of Private business serviced hot points Private AP connected to city network. municipal owned fiber network 2, Austin, TX The Austin Wireless City Project is Free wireless hotspots for an initiative of Austin Wireless to public spaces improve the availability and quality of public free Wi-Fi in Austin. Austin Wireless, Inc. is a Non- Profit Texas Corporation, 3. Baltimore, MD Baltimore's wireless hot zone project is being delayed due to opposition from local businesses criticize it for not working together with local entrepreneurs. 4, Baton Rouge, LA downtown Wi-Fi Verge Wireless Networks, Inc, a mesh network technology "Our goal was to bring free division of Cams oft Data Systems, from Tropos Networks Wi-Fi to the city," said Don Inc" announced that it has turned Powers of Cap strategy, a non on the first of 20 Wi-Fi antennas profit organization devoted to near the comer of North Boulevard bringing new technology to and 3rd street with coverage the city, "Verge Wireless has extending well over 300 feet in any succeeded in doing just that, direction. and we are supporting them any way possible to ensure the continued success of free Internet access to our visitors in the downtown area." 5, Benton County, WA business district of Benton PUD has access to the Intelligent network software Clearwater, in Kennewick, 8 fiber-optic network owned by developed by Chameleon sm, mobile users can remain the Bonneville Power provides rigorous security and connected throughout the Administration 128 kbps to I privacy for users, while enabling service area. Mbps connectivity. but multiple Internet service inherent inefficiencies providers (ISPs) or (overheads, etc.) in Ethernet telecommunication carriers to wireless transport systems can simultaneously market the reduce the actual speed to 30- service, using a common 60% of this nominal speed, infrastructure, and biJI their customers for its use. The Chameleon software wiJI also enable interconnection with other wireless networks, such as 3G cellular. 6, Bowling Green, KY downtown hotzone free 7. Cerritos, CA 8.6 square l11i1e (22.27 sq, Aiirnet Wireless, a wISP that $30/mo for 512/256 kbp 130 Tropos 5110 Wi-Fi network goes live 50,000 peop1c km.) area ofCerritos will be deploys 802,1 I-based high speed $250/mo for 1/1 mbps cells/Pronto OSS (back deployed for high-speed networks, reached an agreement business pros office) and Hotzone Gateway wireless Internet access, with the City ofCerritos to use city Fiber baekhaul (provider owned facilities to provide the unclear) service. City is a client. 11 city Scope Public/private Fee vs free svstem Cost Status 8, Charleston, SC downtown Wi-Fi Thinkspot is providing hot spots in the hourly rate is $3 (or $8 Charlestonchamber,net local businesses (like T-Mobile per day, $15 per week or here) $30 per month). Prepaid access cards at participating locations or the Chamber of Commerce. 9. Chaska, MN 16 square miles (41 square First Mile Wireless, a resener and $15.95 a month single 250 Wi-Fi cells from Tropos Cost is $480,000 but it The city has been involved in 18,000 pop/7 ,500 homes kilometcrs) integrator of wircless network device or $25/mo for Networks, mesh deployment, would have becn providing commercial Internet solutions provided consulting, RF multiple, 36 backhaul points via $750.000 morc. if the services for over five years. It engineering and support services. The price includes the loan KarlNet P2MP wireless links city did not already have built both a fiber backbone up to 3 Mbps of an Engenius Senao WiFi and city's fiber network. a fiber and wireless network and a point-to- bridge from keenan Pronto's ass for back office backbone multipoint 2,4GHz wireless systems, which will access network to providc local provide in-house access businesses with broadband with no rooftop antenna or access, instanation required by Chaska.net First phase of the project -- installing 50 Tropos Wi-Fi cells covering four square miles (10 square kilometers). Citywide deployment was completed in July 2004, Chaska.net will use city tiber and fixed point-to- multipoint wireless technology f(Jr its backhaul connections. 10, Cleveland, OH To blankct Cleveland in free A Joint public system: for Free for public wireless access points on totany "un wired" by 2006 public wireless Internet access educational, cultural. medical fiber network by 2006 research, governmental, among many others. 11. Dayton, OH 2.6 square kilometers Harborlink, a local company, to set The downtown hotzone if all goes wen, it will put out an (downtO\~l1) up the hotzone, The city will win provide wireless RFP in mid-2005 for a citywide provide the backhaul to the Intcrnet Internet access free of network and anow Harborlink to place charge to the end user; the access points on city-owned costs will be covered by propcrty, allowing businesscs to place advertisements on the splash page, 12. Fullerton, CA Phase I: 2.5 S,M, (24-block Redevelopment agency Free in yr 1, hope 9 Tropos mesh $55k Phase 1 Jan 05 downtown) businesses in zone wi1\ www.myfullerton.col11 assume cost and provide free services, 13. Grand Haven, MI City-wide Ottawa wireless, signed a five-year Pricing for residential (I) A single fiber connection costs for building out a non-exclusive license to operate the service will start at $20 per has been spread across the wireless broadband network. month, with unlimited entire city via several hundred network are $40,000 per caning anywhere in the US WiFi (802.1 la, b, g) radios square mile (2.6 sq km) and Canada set at $30 per located upon existing city in an area with a lot of month infrastructure. trees, (2) The radio network, which is monitored at every point on a 24x7 basis using custom 12 city Scope Public/private Fee vs free svstem Cost Status monitoring tools, achieves exceptional broadband performance, (3) Top speeds of5Mbps bidirectional are sustained with an average downstream data rate of 1.5Mbps. Tens of thousands of clients can be supported. (4) Latency across the entire \'fireless network is less 20ms on average. (5) Greater than 99.7% network reliability, even under extremely harsh environmental conditions such as rain, fog, snow, and high winds. 14. Hermosa Beach, CA 1.3 square miles or 3.4 square sold over $1500 per month in local Residents and visitors will entire project is between Over 400 registered users, kilometers) icon advertising on our forced get free access, although $75,000 and $85,000; expect about 7,000 households homepage they need to register before annual maintenance fees to use the system in some form system that covers about 35% they can log on. are $18,000 per year. or another. of our eity Witìhermosabeach is buying bandwidth wholesale from a local ISP and receiving 6 Mbps for $600/mo wirelessly This service will consume approx. 4 hours of staff time per week, approx, $13,000 per year in staff time. 15. Lafayette, LA city-wide Syndeo Communications Group Tropos Networks 5110 Wi-tì 13 square miles (33 square cells, Syndeo will provide kilometers) high-speed (>1 Mbps) broadband to residents and businesses in Lafayette, 16. Las Vegas, NV Pilot: traffic control. 2 sm. (5 Cheetah Technologies, local 33 Meshnetworks routers; $175k, or $80klsm: To unwire the entire city (150 sq s km); company I-TII 3 lAPS $50k mesh; $30k server km), they estimate it would cost 500kbps - 1.5 mbps I lAPS/I s.m. bandwidth I router/0.25 sm $6 million. Cheetah also sells two other types of mesh networks based on hardware from Tropos Networks Inc., in Sunnyvale, Calif., and BelAir Networks Inc, in Kanata, Ont., Canada. The Tropos and BelAir mesh systems are built on top of the IEEE 802.11 Wi-Fi protocol, while MeshNetworks uses a proprietary technology ori!!inallv developed for 13 city Scope Public/private Fee vs free svstem Cost Status military applications. 17. Lexington, KY Zone, A local WISP, will be delivering $7 per day, $15 per week The network uses Vivato As of January 2005, they have the service which initially covers 8 and $25 per month for equipment and Icoa's 48 paid customers and total 80 square kilometers (the Beaumont access managed services, 802.1 I b, 2 registered users. They hope to FaTIlls area off Hanodsburg Road (Local DSL available for Mbps (download) and 1,5 reach 100 customers within a and includes a business district, $30/mo) Mbps (upload). few months shops, restaurants, two residential neighborhoods and a 500-unit anartment complex) 18. Los Angeles, CA Hotzone in Pershing Square Verge Wireless, funded by Free Tropos mesh nodes connected $25k1year M&O in downtown Los Angeles. Community Redevelopment to the city's fiber network for Agency of Los Angeles, backhaul Marvin Braude Van Nuys AiiTIllesh Communications, Free, during the pilot Constituent Service Center FiberQuest, and the City of Los period (pilot) Angeles InfoTIllation Technology Agency (ITA), 19. Nantucket .Illere are a lot of hotspots in Wi-Blast, will be offering Wi-Fi The network will run on mesh at a cost of $20,000 to Nantucket at hotels, resorts service to subscribers over a 1.25 equipment from Tropos: 9 to $30,000. and cafes. Rcsidents get sq mi (3.2 sq km) area. 15 nodes to cover one square Internet access from Comcast and Verizon. But short-term mile visitors who are not staying at ' a hotel or vacation rental with wired or wireless Internet access, could benefit Ji"lnTI Wi-Blast's service, Nantucket's population rises to as many as 50,000 during the summer. 20, Pittsburgh, PA hotzone in cultural district 21. Portland, OR Veri LAN provides wireless Vivato antenna. WiMAX broadband services to Portland antenna is installed on the I,OOO-foot KGW-TV tower which rises 1,150 feet above sea level on Pnrtland's Sylan Hills Bandwidth ranges frum 256 Kbps tn 24 Mbps. (VeriLAN's 802.16a hardware is not jùlly 802,16a compliant vet.) 22. Rio Ranchn ,NM Starting $19.95/month for Intel and the city of Rio August, Rin Rancho ofl1cials (Albuquerque) unlimited 256kbps service; Rancho will provide Incations terminated the city's license mobile connections up to for mounting the cellular Wi- agreement with USurfsaying I Mbps and daily passes Fi equipment as well as that the company was pursuing a will also be offered. overall project assistance and business strategy not conducive Customers can access the support, Proxim will deliver a to the success of the project. network across the city pre- WiMAX wireless This time they are using using any standard Wi-Fi backbone solution, Meru Azulstar Networks, a division of adapter. Most subscribers Networks will provide the Olta\"~;LyYiLtjess, as the service are expected tn use the access pnints, and LogiSense provider. You will recall that service as a full will supply operational Ottawa Wireless runs Grand replacement for existing support systems, such as Haven, Michi!¡an's Wi-Fi 14 city Scope Public/private Fee vs free svstem Cost Status wired and wireless Internet billing network options. Wi-Fi based mobile telephone calling (using Voice over IP) will be offered at $24.95/month for unlimited residential calling throughout the US and Canada, 23, San Francisco, CA Citywide Pub Free/citywide Other cities in the top ten are Portland, Seattle, Washington D.c. and Austin. Texas. 24. Seattle, CA Speakeasy Speakeasy calls it WiMAX Seattle's CTO says that the city service but since WiMAX is govel11ment may be poorly not officially here, it is really suited to oversee network pre-Wi MAX. Speakeasy security and customer service, already delivers broadband and "with the advent of new connectivity in Seattle so it is wire1ess technologies like the an addition to their existing WiMax standard. in which service, transmitters could send signals 30 miles instead of 300 feet. the city risks adopting a system destined for obsolescence." 25, Seattle, Port of 190-acre use four Vivato 2.4 Gl-lz WiFi switches and two Vivato bridge routers 26. Spokane, W A I 00-b10ck dO\~ntown hotzone Itronix, a developer of wireless, Free Vivato's 2.4 GHz outdoor OneEighty Networks rugged mobi1e computing systems, switch and bridge router, It the Downtown Spokane transmits high-gain wireless Partnership, a private, non-profit beams over a distance of 2,5 do\~ntown membership miles (4 kilometers) outdoors organization, Purcell Systems, a with direct line of sight, and provider of modular. outdoor over shorter distances without enclosures, and broadband provider direct line of sight. The OneEighty Networks will advantage of using Vivato's collaborate to provide wireless switch is that you don't have service to the] OO-block downtowl1 to set up and manage so many area. nodes, unlike in a mesh network, 27. St, Cloud, FL initially covers the entire HP Services is deploying the Access within the hotzone historic dOwlltown as well as network which wi1l cover 590 acres (with speeds of up to the East Lake 'fohn (238 hectares), It will offer other I Mbps) is free of charge to water/i'ont park (about 20 amenities such as fiber to the residents and visitors. square blocks), home/office. As part of the service, HP is also deploying a hotzone covering twe1ve square blocks in St. Cloud's downtown by the summer. 28. Urbana, IL downtown hotzone 29. Washington, DC Hotzone free public outdoor wireless hotspot on Capitol Hil1 15 b s:::: fa :§ fa e Œ1 CI) CI)~ Q) U ....... Q) e 'Õ' "'" ~ ~a.. L() 0 0 N ~ ex:> ~ f.- ro :J f.- ..c CD LL Why Municipalities are Considering Wireless Services . Economic Development . Bridge the Digital Divide . Improve Delivery of City Services . Reduce Cost . Improve City Image 1 What is Wi-Fi . The internet connection -- WLan is part of the can nectivity sol ution . What a city-wide Wi-Fi mesh may look like . What is involved in the "system" 2 ~ 0 0 - ~ CO E .t: tn Q) E .- LL I .- ~ Q) -c .- ~ ~ .... .- (.) CO ~ 0 J: Q) ~ .- - iJ) B is 0 ('f) :::;t 0 ::E 8:=-~ ~ i 1 ---"'" ,/ II . ¡ II 0 0 ¡ ,I / i /' (,I) ::J C1. E l5 -' i e..-S \ I / or-. t':t "J (f) . '. '. l ~ ~- .~ ( ) (/) ~ c;: ~ \0- W E w The Internet Connection Internet Service Provider Internet Service Providers: Qwest King County AT&T Edge Device: Laptop, PDA, VOIP Phone Wireless, Access Points/Gateways, Point to point bridges What's involved in Providing the Service Value Chain Components . Ownership - the provision of capital to finance the deployment and upgrading of a network Operation and Maintenance - the functions related to design, build, operate and maintain a network and any backend systems for providing subscriber services (e.g web hosting, voice service) Service and Support - the functions related to provide customer services an end user support to net work subscribers Settlement and Billing - the activities related to invoicing subscribers and coordinating financial transactions across the different value chain providers (roaming and revenue sharing arrangement) Marketing and Sales - the functions related to defining, pricing, marketing and selling subscriber services within a target market. . . . . 5 What's available in FW ype of Service Provider Speed 56/256 961</1.5 mbps west Choice west Del uxe Earthlink (via phone line ~561</1.5 mbps Monthly Fee 31.99 44.99 39.95 able Modem ~omcast 12581</1.5 mbps ~45.95 (cable services ubscriber) Earthlink (via Comcast ~56k/1.5 mbps ~45.95 iber) þ6kbPS ~ 18.95 (w/qualified ialup service pwest home phone package) arious providers r6KbPS ~rom$6.95 6 Potential Business Models . Public Utility/Authority - Operate as a self sustaining utility/business enterprise - City invests in the infrastructure - City can operate or contract out part or all services . Free Community Access - City funded or City/Private jointly funded and operated syste m - Depends on funding sources, it may not be city-wide - Minimum/low guarantee of availability, service level, or secu rity . Cooperative Consortium/Wholesale - Jointly funded by government/educational organizations - Serve participating entities' needs - Sell excess capacity to wireless ISPs 7 Key Considerations in Deciding Business Model Motivation Economic Social Cooperation High Low Fee Free Standard Proprietary Catalyst Provider 8 Legal Environment . Federal Telecommunications Act of 1996 authorizes cities to provide telecommunications services. . Washington code cities are not preempted by state statute from operating telecommunications services for hire, sales, or resale to the general public within the state. . Rumors over the past few years indicated that an overhaul of the 1996 Telecommunications Act would be introduced in 2005. No comprehensive bills have been introduced yet. . Legal issues will need to be monitored and researched as the business plan is developed. 9 Preliminary Pro Forma - Assumptions Capital Expenditure Assumption ~c~'CCCC,~-"-" sq niles 20 Operating Cost Assumption Operating Expenditure, per account average: Service Tech, 1 FTE/1000 custorrer Field Repair & ~intenance/Service Contract/stie and T1 lease Custorrer Relations (sales. acct billing/rraint.. software & support etc) IIt1anagerrentlAanning, 10% of personnel Overhead (auditing, legal, insurance, facility etc) Operating Cost per AccountlYr Operating Cost per Account/mo $ Subscription Assumption Year 0 Year 1 Year 2 Year 3 I Year 4 Year 5 I 33,000 33,330 33,663 34,340 34,683 5° 15 25% 35% $24.95 1,650 10 Preliminary Performa Operating Revenue/Exp Projection Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Annual Operating Revenue $ 494.010 S 1,497,000 $ 2,519,750 $ 3,053,880 S 3,598,489 $ 3.634,417 Other Revenue 24,701 74,850 125,988 152,694 179,924 181,721 Operating Expenditures $182 (304,920) (912,945) (1,538,394) (1,862,190) (2,192,339) (2,214,119) Other Expenditures (15,246) (45,647) (76,920) (93,110) (109,617) (110,706) Earnings Before Depreciation 213,791 658,905 1,107,344 1,344,384 1,586,075 1,602,019 Depreciation (3 year rolling) (675,000) (675,000) (675,000) (675,000) (675,000) (675,000) Net Income (461,210) (16,095) 432,344 669,384 911,075 927,019 Cas h Flow Earnings Before Depreciation 213,791 658,905 1,107,344 1,344,384 1,586,075 1.602.019 Capital Outflow (1,012,500) (1,012,500) (2,025,000) Cas h Flow (798,710) (353,595) 1,107,344 (680,616) 1,586,075 1,602,019 11 Next Steps . The Performa suggests the potential viability of a Wi-Fi service . To validate the assumptions, staff recommends a proof of concept "pilot project" . The City has a COPS grant for PS wireless project; we must proceed immediately . To leverage the grant, staff recommends we start the pilot project at the same time . With the committee's approval, staff will develop and bring a specific scope and cost of the pilot project back to Council at Feb 22 FEDRAC with the carry- forward budget adjustment. 12