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PRPSC PKT 07-10-2006 ----------- -----~ 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF MAY 8,2006 SUMMARY 5. COMMITTEE BUSINESS A. French Lake Off-leash Dog Park Action Hanson B. Federal Way Community Center Business Plan Amendments Action Faber C. Naming Thompson Property Cedar Grove Park Action Sanders D. Diversity Commission Residency Requirement Action Walker E. Cabins Park Phase II: Parking Lot - Reject bid and Authorize to Re-Bid in Smaller Packages Action Sanders F. Thompson Property Park: Bid Award Action Sanders G. Cabins Park: PSE Easement Action Sanders H. Bid Acceptance for the Purchase of Bomb Van Action Kirkpatrick I. 2006 Justice Assistance Grant (JAG) Action Kirkpatrick 6. PENDING ITEMS . Pan handlers 7. NEXT MEETING - August 14, 2006 6:00pm - Hylebos Conference Room 8. ADJOURNMENT 2006 Committee Members: Staff: Jeanne Burbidge, Chair Donna Hanson, Director Deputy Mayor Jim Ferrell Mary Jaenicke, Administrative Assistant II Linda Kochmar 253-835-6901 ------~--- City of Federal Way City Council PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Monday May 8, 2006 6:00 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member Linda Kochmar, Derek Matheson, Interim City Manager, Pat Richardson, City Attorney, Brian Wilson, Deputy Director Public Safety, Donna Hanson, Director PRCS, Steve Ikerd, Parks & Facilities Manager, B Sanders Park Planner, Mary Jaenicke, Administrative Assistant. Guests: Terry Slaton, Sally Hurst, Harrell Hurst, Jim Lessler, Kevin Morris, Barbara Reid, H. David Kaplan, Bob Kellogg Chair Burbidge called the meeting to order at 6: I I p.m. PUBLIC COMMENT Terry Slaton: Spoke regarding crime and public safety. He spoke in favor of a law establishing the English language as official means to convey warnings of danger, trespassing etc. Mr. Slaton stated that we are getting too diverse in our citizenry to supply posting of danger signs in six different languages. It needs one official notification. He also spoke in favor of an ordinance requiring no caps, hats or hoods inside a store or facility. Barbara Reid: Stated that she too is also in favor of English becoming the official language. She would hate to see the United States become a divided country because of the language. This is an English speaking country and should remain so. There is an obligation among immigrants to learn and speak the English language. Kevin Morris: Spoke against a breed specific dangerous dog ordinance. He stated that one of the most pro-active ways to minimize dog attacks is.to have a place for dogs to run and socialize with other dogs. It is unfair to punish the animal. It should be the owner that is punished. Bob Kellogg: Stated that he worked in the insurance business and has seen a lot of dog claims. He has no sympathy for dog owners with potentially vicious dogs. He spoke in favor of a breed specific Ordinance. There are some breeds that are more vicious than others. He also stated that we need our own animal control officer. He would like stronger enforcement of our laws. H. David Kaplan: Stated that the City of Federal Way is lacking penalties on the owner if their dog attacks somebody. These are cases of assaults and there should be fmes or penalties accordingly. He also spoke in favor of the Park Pals, this is the group of volunteers that have been working very hard to work with city staff, and keeping French Lake Park clean. He is in favor of French Lake Park becoming an official off leash dog park. COMMISSION COMMENT None APPROVAL OF SUMMARY Council members Kochmar and Ferrell moved to accept the April meeting minutes as written. Motion passed. BUSINESS ITEMS 2006 Parks, Recreation and Open Space Plan Update Ms. Sanders gave a power point presentation on the 2006 Parks, Recreation and Open Space Plan. The Park Plan is updated every six years. Ms. Sanders explained that the purpose of updating the plan is to step back and look at our entire park system and our recreation programs. This allows us to see where we've come from, evaluate where we are now, and make decisions about where we want to go in the future. There are also two legal reasons for updating the plan. They are I) Growth Management Act passed in 199 I. This requires cities to update their comp plan. The Parks, Recreation and Open Space Plan is an optional element, but we choose to do it because it helps us guide our activities. 2) The lAC is a state agency that provides grants related to parks. They require a park plan for most of their grant programs. Ms. Sanders reviewed the public process that took place. There were two open houses, an on- line survey and three stakeholder meetings. Ms. Sanders pointed out that when we last updated the plan in 2000, the I -----~- PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Monday May 8, 2006 Summary Page 2 total acreage was 826. We now own over 1,000 acres. We have had a 29% increase in acreage in only six years. We do have an issue with aging parks; they don't get as much attention and haven't had as much reinvestment. Ms. Sanders pointed out that we have a great land base, but because we have limited resources, we also have limited maintenance. Through the various forms of public input five core values were identified. These Core Values were based on themes or messages that were submitted over and over again. Ms. Sanders reviewed the core values with the PRPS Committee. The Core Values are: 1. Improve Existing Facilities & Provide Multiple Functions in Parks. 2. Develop a walking community with an integrated City-wide system of sidewalks and trails. 3. Retain and improve natural open spaces. 4. Create community gathering places and destinations. 5. Provide a balance of services for a diverse pppulation. This park plan is a planning document that is tied to the City's Comprehensive Plan and the City's 6-year Capital Improvement Plan. Ms. Sanders stated that they will be "fme tuning" this plan with the fmance department. Ms. Sanders reviewed the 6-year Capital Improvement Plan with the Committee. The Planning Commission and Parks and Recreation Commission have approved the draft document at their meetings. Council member Kochmar moved to recommend approval of the Draft Park Plan Update and forward the Ordinance to full Council for first reading on June 6, 2006. Deputy Mayor Ferrell seconded. Motion passed. The committee commended staff, volunteers and the Parks Commission for all of their hard work on this plan. Community Center Update Ms. Sanders presented a slide show of the construction project. Pictures of the swimming pool, mezzanine level and gymnasium were shown. The project is about 45% complete and we are doing very well on the budget. A tour of the site has been scheduled for June 1, for the Parks and Recreation Commission and Council. Council member Kochmar asked if staff was going to be giving a power point presentation at the Council meeting. Ms. Sanders answered that the direction staff was given was to make monthly presentations at the Council Committee. Authorize Resolutions for lAC Grant Applications - 2006 Ms. Sanders has applied for three grants. 1) Camp Kilworth Nearshore Preservation - Acquisition. 2) Saghalie Soccer Field Renovation. 3) West Hylebos Park Boardwalk Replacement. Council member Kochmar moved to approval- of authorizing the City Manager to apply for funding assistance from lAC for Camp Kilworth Acquisition, Saghalie Soccer Field Renovation, and West Hylebos Boardwalk Replacement. Deputy Mayor Ferrell seconded. Motion passed. Park Maintenance Contract Mr. Ikerd stated that Myers Master Lawn Care has been providing landscape maintenance services to eight city sites for the past year. During the year the current owner became ill and sold his interest to his Manager. The name has been changed to Omni Landscape Services, Inc. The services and price have not changed. The total amount of the contract is $51,348.86 for a one year term. Council Member Kochmar moved approval to amend the maintenance contract to reflect the new name Omni Landscape Services, Inc., and extend the term to April 30, 2007, and authorize the interim City Manager to execute the amendment. Deputy Mayor Ferrell seconded. Motion passed. DANGEROUS DOGS Ms. Richardson presented several options to modifY the code regarding dangerous dogs to the committee. The legal department staff researched existing codes from the following cities: Auburn, Bellevue, Brier, Enumclaw, Kent Kirkland, Lakewood, Mountlake Terrace, Renton, SeaTac, Tacoma, Tukwila, Yakima and King County. Ms. Richardson reviewed the State Statute, the City of Federal Way's existing code, and the codes from the cities that were researched. Committee discussed the defmition of dangerous dogs and which options they would like to add. Deputy Mayor Ferrell and Council member Burbidge would like to add 1. Known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals. 2. Bites without provocation. 3. Attacks without provocation. Council member Kochrnar agreed, but also would like to add specific breeds of dogs. Chair Burbidge stated that she had concerns about adding breed specific; any dog has the potential to be vicious. A lot depends on how a dog has been raised or handled. Deputy Mayor Ferrell stated that our experience is different than Auburns experience. He does not think it is appropriate to ban certain breeds of dogs. Council member Kochmar stated that the City of Auburns ordinance originally was not breed specific, but they changed it one year later. She does not want to give any opportunity for Federal Way citizens to be attacked. Ms. Richardson explained that the state statute requires a severe injury. By adding bites without provocation and attacks without provocation, we are not limiting it to a severe injury. The Committee continued to discuss amending the existing Federal Way City Code, Chapter 4, Article IV on the following items: Defmition of potentially dangerous dogs, Exceptions to dangerous dogs determination, Notice of determination dangerous dogs, Ownership requirements for dangerous dogs, Notice of violation for failure to comply with dangerous dog requirements, and PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Monday May 8, 2006 Summary Page 3 Penalties for failure to comply when dog determined dangerous. Deputy Mayor Ferrell requested that this item not be sent back to Council Committee in June, but go to the Full Council in June. The Committee requested that the alternative options be readily available for the Full Council. PUBLIC COMMENT H. David Kaplan: Stated that a range of penalties for the owner of an animal that attacks has not been discussed. Kevin Morris: Mr. Morris wanted to be sure that there would be another opportunity for Public comment on dangerous dogs. He also wanted to be sure that it would be a fair and due process. Bob Kellogg: Mr. Kellogg questioned the definition of vicious dog. He is concerned that the text says it requires a severe bite. Does not believe we should defme making the decision if it's a vicious dog on whether or not it's a severe bite. Who is to determine what is severe? Chair Burbidge requested that staff provide more information and research if there is an established defmition of what a severe bite is. ILA Use of Technical Rescue Trailer Deputy Chief Brian Wilson reported that in 2003 the City purchased a trailer. The trailer is used for emergency management and for response capabilities. The South King County Fire Department does have a technical rescue team. This Interlocal Agreement would allow both the City and the Fire Department to be able to use this trailer in an emergency. The Fire Department will maintain the maintenance, and they have a storage facility for the trailer. Deputy Mayor Ferrell moved the approval of accepting the Interlocal Agreement - Use of Technical Rescue Trailer and authorize the City Manager to execute the agreement. Council member Kochmar seconded. Motion passed. ILA Between Citv of Fife, Washinl!ton and the City of Federal W av, Washine:ton, for the Housinl! of Inmates in the City of Fife Jail Deputy Chief Brian Wilson stated that this is an Interlocal Agreement that has been very successful for the City of Federal Way. They have provided outstanding service for us. The Fife City Jail is able to hold approximately 30 misdemeanor inmates at any given time. Staff successfully negotiated to stay away from a booking fee. The daily rate will increase from $63 to $66 per day / per inmate for the 2006 year; and to $67 per day / per inmate starting January I, 2007. Council member Kochmar moved the approval of the Interlocal Agreement between the City of Fife, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the City of Fife Jail, and authorize the City Manager to execute the Agreement. Deputy Mayor Ferrell seconded. Motion passed. ILA Between Okanol!an County, Washinl!ton and the City of Federal Way, Washinl!ton, for the Housinl! of Inmates in the Okanol!an County Jail Deputy Chief Brian Wilson reported that the City of Federal Way has had a contract in the past with Okanogan County. The contract has expired and needs to be renewed. Okanogan County's daily rate is $42 without a booking fee. Council member Kochmar moved the approval of the Interlocal Agreement between Okanogan County, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the Okanogan County Jail, and authorize the City Manager to execute the Agreement. Deputy Mayor Ferrell seconded. Motion passed. Proposed Ordinance to Add Crimes for Domestic Violence in the Presence of Children and for Domestic Violence with Use of Stranl!ulation City Attorney Richardson reported that the City is involved in a pilot project involving domestic violence where children are involved. The proposed ordinance that would amend the criminal code creates a separate crime for domestic violence that is in the presence of children. It also creates a crime for domestic violence with the use of strangulation. This happens frequently and is difficult to prosecute. This would add more emphasis to try and address domestic violence. Deputy Mayor Ferrell moved the proposed Ordinance to second reading and approval at the next regular meeting on June 20, 2006. Council member Kochmar seconded. Motion passed. PENDING ITEMS None NEXT MEETING-June 12, 2006 6:00 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 8: 15p.m. -- --- -------- ------ _~~~~I~_~~~!!~~_~A!~~__~J~:~Ll~_L~~tk___________..______.___._______________.__!!!~~____.__________ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: French Lake Off-leash dog Park POLICY QUESTION: Should French Lake Park become a permanent off-leash dog park? COMMITTEE: PRPS Committee MEETING DATE: July 10,2006 CATEGORY: l2J Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REpORT By: Donna Hanson DEPT: Parks and Recreation --.-.-..--.-.--.....-.--.-..---........--...--..--..--------.._._".._-_._-_.__..._-".._..._~._-_._.._...__.__..._._._---_...._.__._~._-_.__._....._-_._--_.._.............__._-_.-----.---........-.....-...-----.. Attachments: Staff report and Minutes from the June 1,2006 Parks Commission Meeting. Options Considered: Option 1: Staff recommended to the Parks Commission, an additional 1-2 year temporary designation as an off- leash dog park in French Lake Park in order to I) research the pros and cons of other possible sites, 2) determine associated costs for improvements to French Lake Park or other possible locations, and 3) establish the long term feasibility for continued use of the 4.68 acres belonging to Lakehaven Utility District. Option 2: After public testimony from off-leash park users who did not want to invest time and money in another temporary timeframe, the Parks Commission voted to establish French Lake Park as a permanent off-leash dog park. Option 3: Remove the "temporary" designation and continue current use and maintenance levels of French Lake Park as an off-leash dog park in order to encourage park users to invest time and money. Ownership or a long term use agreement for the 4.68 acres belonging to Lakehaven Utility District and a long-term plan for an off- leash facility with estimated costs will be required before City funding will be considered for capitol improvements. .--..-...-.......-..--..---.....---..-.--..-.-..---.------.....-..-.....---.....--.----..----....-...-...-.--...-..-.--.....-.---_._...,,--_.....__.._....._--_..._.__..._~-- STAFF RECOMMENDATION: Staffsupports an off-leash dog park within the City and recommended option lto the Parks Commission in order to provide more time for a decision that will have long term planning and financial impacts. If Council wishes to address the concerns of the off-leash dog park users who do not want to invest time and money in a temporary park, option 3 removes the temporary status and still assures fiscal responsibility on the part of the City until long term use and capitol funding requirements are established. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: Ilii~e Committee COWlcil COWlcil COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member (\, \ ---- PROPOSED COUNCIL MOTION: "] move approval of option and forward to Full Council on July J 8, 2006". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ~-L- CITY OF FEDERAL WAY PARKS COMMISSION STAFF REPORT DATE: June 1,2006 TO: Parks and Recreation Commission FROM: B Sanders, Park Planning & Development Coordinator SUBJECT: French Lake Park-One year review Background After public testimony in June of 2005, the Parks, Recreation, Human Services, & Public Safety Committee asked the Parks and Recreation Commission to monitor an off-leash dog facility for one year at French Lake Park. Staff recommended using the planning process for the Parks, Recreation and Open Space Plan Update as an opportunity to gather public input to determine the demand for an off-leash facility. The Park Plan Update is now in the final stages of adoption after three months of public input. Information from the Stakeholder Group, surveys, and open houses, as well as observations at French Lake Park, show that there is a strong desire and need for an off-leash dog park in Federal Way. There have been few complaints from neighbors or the park. The owners of dogs using French Lake Park have taken an interest in maintenance and have worked with the Parks Department on improvements. This trial has been successful based on public input and care and use of the park. Additional analysis needs to be completed in the following areas: 1) research the pros and cons of other possible sites, 2) determine associated costs for improvements to French Lake Park or other possible locations, and 3) establish the long term feasibility for continued use of the 4.68 acres belonging to Lakehaven Utility District. Staff recommendation Allow off-leash use of French Lake Park to continue for 1-2 years so that the City can systematically evaluate potential sites and costs associated with developing a long-term off-leash dog park. Commission recommendation 1 t\.~~ MINUTES Chair Purdom called the meeting to order at 6: 1 0 p.m. Present: Chair C.T. Purdom, Vice Chair George Pfeiffer, Don Dennis, Ade Bright, Joel Howitt, Tom Medhurst, Marie Sciacqua, Fred Konkell, Carol Otto and Helen Stanwell. Excused: Cindy Dodge. Unexcused: David Talcott. Staff: PRCS Director Donna Hanson, Parks and Facilities Manager Steve Ikerd, City Attorney Pat Richardson, Interim City Manager Derek Matheson and Administrative Assistant Peg Wright. Guests: Jeanne Burbidge, council member. Dennis moved: Pfeiffer seconded motion to approve the May Parks and Recreation Commission meeting minutes as written. Motion passed unanimously. Pfeiffer moved: Dennis seconded motion to move V. #B. Thompson Property Name to III. #B under Commission Business. Motion passed unanimously. PUBLIC FORUM Carolyn Owens, Joanne Hugill. Elizabeth Conner. MaryAnn Gates. Jerry Britt. Frank Misner, Sally Hurst, Davina Mackenzie. Angie Zmiiewski. Harold Hurst. Jerrie Loties. Kevin Morris and Dave Kaplan spoke in support of designating French Lake Park as the official Off Leash Dog Park in Federal Way. COMMISSION BUSINESS French Lake Off-Leash Dog Park - Director Hanson reiterated that there are no funds designated for French Lake Park- signage, fencing, pond repair, turf repair, repair to the bridge over the pond, etc. Dog owners voiced concern on the irrigation system and how it operated with Director Hanson stating the irrigation is controlled by a Lakehaven system. Commissioners discussed several issues - need more time to assess, a more cooperative effort with the City being more decisive, support and direction from staff with the Volunteer group and the long-term feasibility with Lakehaven owning part of property. Dennis moved: Bright seconded motion to forward a recommendation to the Council Committee to designate French Lake Park as the official Off-Leash Dog Park in Federal Way. Motion carried with one abstention (Pfeiffer). Thompson Property Name - Council member Burbidge said the name of Cascade Park was stalled at the council committee level when recommended by the Parks and Recreation Commission last year. She said while reviewing a grant application and on a recent visit to this property, she noticed several red cedar trees. There are a few cedars now with several additional red cedar trees to be planted during property development. She suggested Cedarwood, Cedar Grove or Cedar Park for consideration. Dennis moved to name the property Cedar Park. Discussion followed by commissioners on a preferred choice to recommend to the council committee. Howitt amended the motion to add Grove to the name - Cedar Grove Park - with Konkell seconding the amendment. Dennis moved to forward the recommendation of Cedar Grove Park to the Council Committee with a second by Pfeiffer. Motion carried unanimously. STAFF REPORTS Community Center Support Drive - Sciacqua reported on the support drive for the Community Center. She said they are doing a raffle, collecting items from local businesses and will start selling the tickets at the Red, White and Blue Festival and other City events until the end of August. The Swimathon at Kenneth Jones Pool starts Saturday with twenty swimmers participating. The next meeting of the committee will be held at City Hall on June 22, 2006. The current pledges/donations are at $30,000. (\r~ ------------- Parks and Recreation Commission. June 1, 2006 Pa2e 2 STAFF REPORTS (continued) Community Center ConstructionUodate - Director Hanson and the commission went on a tour of the construction site prior to the meeting. Hanson reported that it is about three weeks behind schedule but within budget and contingency. 2006 Business Plan - Document in packet is for review and informational only. Director Hanson said the Special Event Permit process is going well this year and she is comfortable leaving it and reviewing at a later time. Chair Purdom will attend the Council Committee meeting on June 12,2006. PRCS has two items on the agenda. PENDING Lake Killarney NEXT MEETING! AGENDA ITEMS Community Center Construction Update Community Center Support Drive RWB/Staff Involvement ADJOURNMENT Chair Purdom adjourned the meeting at 7:35 p.rn. NEXT MEETING IS AUGUST 3" 2006 P\-5 ------------ - ---- ------- ------------------ COUNCIL MEETING DATE: ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY COMMUNITY CENTER BUSINESS PLAN AMENDMENTS Policy Question: Should the City Council approve the proposed amendments to the Federal Way Community Center Business Plan? COMMITTEE: Parks, Recreation and Public Safety MEETING DATE: July 10, 2006 CATEGORY: 0 Consent ~ Ordinance 0 Public Hearing ~ City Council Business 0 Resolution D Other Staff Report By: Mary Faber DEPT: PRCS ..-.----....-.--------.-.---___.....__.____._..._.._..____...._....__.._._._.._ ....__.__._____...__~_._......_____..__.__._._.___..._.m'm___.._...._....._..__._ m.._ ...._._...__m..._._.....____.....____._._____.._._____.___._.___..__..._....._.._ Attachments: 1. Federal Way Community Center Business Plan Operation Variations Options Considered: 1. Approve the Federal Way Community Center Business Plan as is with no amendments. 2. Approve the Federal Way Business Plan with the following amendments: a. Extend facility and child care operating hours and days of service b. Adjust the admission fee schedule to include: 1. resident and non-resident rates 2. an updated "family" rate 3. low income options 4. corporate and City of Federal Way employee "discounts" c. Adjust the rental fee schedule to include: 1. a tiered system 2. rates for the gymnasium, kitchen, and amphitheatre _....________.___~:__~~~~E'.l:~~.!~~_~i!~I~J?!!!~~~P!lE1:Y..-!~~_1:~~_p~!ig~_______________m__..______..___...o_._.__________0____.___________ STAFF RECOMMENDATION: Rec endations included in Memo CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Federal Way Community Center Business Plan with the inclusion of the following amendmentls (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERREDINO ACfION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 'G-\ ------~ FEDERAL WAY COMMUNITY CENTER BUSINESS PLAN RECOMMENDATIONS -- OPERATION VARIATIONS Revised June 27, 2006 1. Extending Facility and Child Care Operating Hours and Days of Service a. Facility Operating Hours: Original Hours: Extended Hours: Monday - Friday 5:30 a.m. - 9:30 p.m. Monday - Friday No change Saturday 7:00 a.m. - 6;00 p.m. Saturday 7:00 a.m. - 9:30 p.m. Sunday 10:00 a.m. - 6:00 p.m. Sunday 10:00 a.m. - 8:30 p.m. Analysis: Staffing levels were adjusted to accommodate the later closures on Saturday and Sunday evenings, and corresponding changes to revenue were projected. In addition, facility operating hours at similar facilities were examined. Recommendation: No change is recommended to the proposed facility operating hours based on the following: . The net financial impact of increased staffing costs and increased admission revenue of extending operating hours is projected to result in a slight loss. . The original operating hours were determined based on comparison to numerous other facilities, both public and private, in the Federal Way area as well as community recreation centers located in Colorado and Missouri. . Recommended hours address peak demand periods for comparable facilities. . The public response to decreasing the level of service (facility operating hours) most often results in negative reactions and can create ill will from guests and the general public resulting in lost patrons, lost revenue, etc. It is recommended that hourly facility usage be tracked for management review during the fUst nine to twelve months of operation. Hours can then be expanded based on hourly usage, guest comments, staff input, and operating budget analysis. Numerous variations of operating hours can then be examined (i.e., seasonal hours, extend closing times by one to two hours, etc.). . During the recommended "closed" periods on Saturday and Sunday evenings, relatively expansive rental options are available particularly for the gymnasiums and aquatics area. Weekend rental capabilities and program use of the gymnasiums and aquatics area are limited if operating hours are expanded on Saturday and Sunday evenings. b. Child Care Operating Hours: Original Hours: Extended Hours: Monday - Friday 9:00 a.m. - 1 :00 p.m. Monday - Friday 8;00 a.m. -1;30,p.m. 4:00 p.m. - 8:00 p.m. 4:00 p.m. - 8:30 p.m. Saturday 9:00 a.m. -12:00 p.m. (winter) Saturday 8:30 a.m. - 1 :30 p.m. (year round) Sunday closed Sunday 10:00 a.m. - 1:30 p.m. (year round) Analysis: Staffing levels were adjusted to accommodate the extended hours, and corresponding changes to revenue were projected. Recommendation: No change is recommended to the child care operating hours based on the following: . The net financial impact of increased staffing costs and increased admission revenue of extending operating hours is projected to result in a slight loss. . The original operating hours were determined based on peak child care demand periods as well as fitness class schedules. In general, the alternate hours (earlier opening and later closure) are not typically peak usage periods due to schedules for at-home parents or shift workers. . It is recommended that child care usage and projected demand be tracked for management review during the first nine to twelve months of operation. Hours can then be expanded based on hourly usage, guest B-l.- comments, staff input, fitness class schedule changes, fitness class attendance, and operating budget analysis. Numerous operating hour variations can be examined based on the findings. . In general, it is prudent to expand levels of service (i.e., child care operating hours) in the future rather than cut them after the first year or so of operation. 2. Admission Fee Schedule a. Resident / Non-resident Fees: Resident (Base fee) Non-Resident (Base fee + 10%) Multi-visit 3-Month 6-Month Annual 3-Month 6-Month Annual Category Daily Fee (10 visits) Pass Pass Pass Pass Pass Pass Tots (0 - 2 years) free free free free free free free free Youth (3 -12 years) $3.50 $35.00 $70.00 $130.00 $250.00 $77.00 $143.00 $275.00 Teen (13 -17 years) $4.50 $45.00 $83.00 $160.00 $300.00 $92.00 $176.00 $330.00 Adult (18 - 64 years) $7.00 $70.00 $124.00 $240.00 $450.00 $137.00 $264.00 $495.00 Senior (65 + years) $5.00 $50.00 $97.00 $185.00 $350.00 $107.00 $204.00 $385.00 Family nla nla $192.00 $368.00 $700.00 $212.00 $405.00 $770.00 Note: This fee schedule does not include any required taxes. Analysis: Admission fees were adjusted to reflect the base fee (resident rate) plus a 10% increase for non-residents, and corresponding changes to revenue were estimated. It is critical to note that in developing revenue projections for admissions, high level comparable figures provide the basis for estimates rather than specific rates for each type of admission option as every facility has a slightly different fee schedule. "Resident" is defined as someone who lives or owns a business in the City of Federal Way and pays the 1 % utility tax funding the capital construction and operating budget of the Community Center. Recommendation: The key financial matter to consider in establishing resident/non-resident rates is as follows: "Since the utility tax is the onlY source of construction and operating (subsi4J) fundingfor the facility, is it reasonable, and to what degree,for non-residents (those who have not contributed to the tax base) to pqy a slightlY higher fee since taxpqyers have alreat!J contributed funding?" The decision to charge resident/non-resident fees is then to a large degree a matter of fee philosophy which the City needs to determine. However, it is recommended that a decision be made regarding the non-resident admission fee schedule at this point so these rates can be implemented along with the tiered rental fee schedule (see below) upon facility opening. . Resident/ non-resident rates are recommended for 3-month, 6-month, and annual passes only. Daily and multi-visit admissions are excluded due to the negative impact on front-line service levels. Non-resident rates are set at the base rate (resident) plus approximately ten percent (10%). . Implementation assumes the infrastructure to verify addresses exists to efficiently and effectively implement the resident/non-resident identification and monitoring processes; if not available, non-resident fees should not be implemented. . Determining the net financial impact of implementing non-resident rates for passes is complex since the total operating revenue projections are based on general data from comparable facilities rather than on each specific admission fee option. At the recommended non-resident price points, negative impact on facility admission revenues should be limited within the total operating revenue projections. . If the City determines that implementing non-resident fees align with its pricing philosophy, this admission fee schedule should be implemented when the facility opens rather than adding these price categories at a later date. b. Updated "Family" Rate Analysis: Several options exist for setting "family" pass fees rates. The original revenue figures were based on the assumption that a fixed family pass rate would be charged for two adults in a household plus dependent children. The analysis examined several options for alternative family pass rates including charging the base fee (adult pass 'B-~ --- rate) plus a set individual rate (less approximately twenty to thirty percent). The maximum family pass fee examined was $90 per month for residents and $99 per month for non-residents. Recommendation: It is recommended that the original family rates be implemented for several reasons: . Charging "per family member" can be perceived as more equitable than a set fee in that rates are based on the number of family members. However, unless the additional family member rates are substantially discounted (up to and exceeding 50%), families pay a higher fee than the set family rate. . Current family rates are set such that the break even point compared to paying the daily fee (average daily admission $5) for a family is under three visits per week. . Even with a discount of thirty percent on each additional family member, the flat family rate is exceeded at less than three members per family. . A key factor is establishing the original family rate was based on the City and Center's family centered philosophy. The current family rates are slightly lower than some comparable facilities in the region in an effort to illustrate the family friendly focus of the facility and Department. c. Low Income Options Analysis: Existing Federal Way low income fee and scholarship options were examined along with rates from comparable facilities. Recommendation: Low income rate options are essential and are recommended at a discount of 25% off resident pass and daily rates. Low income discounts are only available to qualified, registered (have purchased a "low income" ID card for a small fee) residents. . Low income qualification is required either every three or six months and is available exclusively to Federal Way residents. . It is recommended that the Federal low income standards be utilized to establish need. . Implementation of low income admission rates assumes an existing infrastructure (i.e., Social Services) for efficient and effective qualification to eliminate Federal Way Recreation and Cultural Services staff from verifying or qualifying residents as "low income." . The net financial impact of implementing low income fees is minimal in comparison to total annual facility admission revenue. In that the majority of community recreation facilities have low income options available, the comparable revenue figures utilized to develop the operating pro forma integrated low income options. d. Corporate and City of Federal Way Employee "Discounts" Analysis: Options for corporate and employee discounts at comparable facilities were examined. Alternatives at similar facilities vary widely, indicating that extensive flexibility exists for Federal Way in setting these rates. Recommendation: It is recommended that employees of businesses located in Federal Way and "benefit eligible" City of Federal Way employees be permitted to purchase passes at the resident rate regardless of their personal residency. It is recommended that City employees whose primary work place is the Community Center receive free drop-in access to facilities and classes. Facility employees will pay full rates for programs/classes with an associated fee. Free drop-in access does not include employee family members. TIlls recommendation is based on the following: . To reduce the potential need for additional operating subsidy as well as "discounts on discounts" (pass costs do not fully cover facility operating costs), corporate and City employee passes are set at the base rate. Hence, in general all "residents" pay consistent fees moderating the perception of inequality. Here again, residency is determined by household or business address which must be located within the Federal Way utility tax area. . The net financial impact of offering this alternative is negligible as comparable community recreation facilities generally offer similar corporate and employee admission fee structures. In addition, offering the base pass rate to local businesses and City employees can be used as a positive marketing and sales tool. Gr~ -------- . Implementation is simple as this option does not require tracking a business' total number of employees, number of employees purchasing passes, etc. In addition, it demonstrates that all Federal Way businesses, regardless of size, are valued members of the community. . Fostering employee wellness can positively impact the cost of City employee health insurance premiums. The City is encouraged to examine the options for establishing a City Wellness Program to help offset/ cover a portion of the cost of City employee passes. In this scenario, City employees would receive a discount pass rate with the Wellness Program paying the difference. 3. Fee Schedule - Rentals a. Tiered Rental Rates: Community Roome $1,300 $1,495 9 hr rental 2/3 Community Room $953 $1,096 9 hr rental 1/3 Community Room $477 $548 9 hr rental Birthday Party Roomse $100 $115 per hour Class Room $125 $144 per hour Senior Lounge $150 $173 per hour Gym $150 $173 per hour Kitchen $25 $29 per hour Amphitheatre $150 $173 per hour Leisure or Lap Lane Pool $150 $173 per hour Entire Facility $3,500 $4,025 9 hr rental aBase fee applies to resident non-profits, businesses, private citizens, and Department "partners'" bNon-resident fee applies to any rental by an individual or organization whose address is outside Federal Way eCommunity room rental fee includes set-up/tear down, staff supervision dBirthday party room rental fee includes admission for 12 people, and the birthday party room for one hour Note: This fee schedule does not include any required taxes. Analysis: Rental rates for comparable facilities as well as Dumas Bay and Knutzen Family Theatre were reviewed. An alternate tiered fee schedule was developed based loosely on internal rates and comparable facility rental rates, and revenue impacts were analyzed. As with admission rates, developing revenue projections for rentals is based on high level comparable figures rather than specific rates charged by the various facilities. Here again, "resident" includes addresses within the City of Federal Way that pay the 1 % utility tax which funded the capital construction and will fund the ongoing operations. Recommendation: Here again, the key financial question is: "Since the utiliry tax is the onlY source 0/ construction and operating (subsitfy) fundingfor the faciliry, is it reasonable, and to what degree, for non-residents (those who have not contributed to the tax base) to pqy a slightlY higher fee since taxpqyers have alreatfy contributed funding?" The decision to implement resident/non-resident rental rates once again significantly depends upon the City's fee philosophy. It is recommended that the tiered fee schedule be implemented along with the resident/non-resident admission rates ifit is compatible with City philosophy which should be determined at this stage so that the tiered rental fee schedule (see above) can be implemented upon facility opening. . Within this tiered schedule, non-resident rates are set at the base rate (resident) plus approximately fifteen percent (15%). B--5 -- -- . Implementation assumes the infrastructure exists to efficiently and effectively implement the resident/non-resident identification and monitoring processes; if not available, non-resident fees should not be implemented. . The net financial impact of implementing tiered rates, particularly during the initial years of operation, is generally positive. Based on the high demand for these types of community spaces and the recommended price points, it is anticipated that the negative impact on the number of facility rentals will be limited. . . If the City determines that non-resident fees align with its pricing philosophy, this tiered schedule should be implemented in conjunction with the facility opening rather than adding these price categories at a later date. b. Rental Rates - Gymnasium, Kitchen, Amphitheatre, Entire Facility: Analysis: Rental rates for comparable facilities were reviewed as well as the likely impact on revenues. Recommendation: It is recommended that the fees listed in the rate schedule above be implemented. . The net financial impact of implementing these rates is positive. c. Birthday Party Rental Period: Analysis: Rental periods for numerous comparable facilities were reviewed with various options identified. Recommendation: It is recommended that the rental period for the birthday party rooms remain the same. As additional fee, $120 for non-residents is also recommended if Council determines that establishing resident/ non- resident rates aligns with its philosophy. . Rental rates ($100 for residents, $120 for non-residents) include facility admission for 12 people for an unlimited time period and the birthday party room for one hour. Ibis rental period is consistent with comparable facilities and ensures that adequate rental slots are available to meet ftnancial projections. . The net ftnancial impact of implementing the nonresident rate is positive based on the initial high demand projected. . Additional expenditures for birthday party stafftng have been incorporated into the updated rental projections. Approximately $2,000 in wages is expected to cover pool pat:ty costs based on the proposed package. . It is assumed that additional birthday party packages will be developed within the first several months of operation. These packages might include a craft activity, gym games lead by a party host, etc. As various packages are developed, the need for additional party room time, staffing, supplies, etc. will be determined, and fees will be set accordingly. 0-.6 .~O~C!~_~!!!~~_!?_~!!:___=:b\j__.~~!_~~.~~____._____-. ____.________.__..._____.___.__E!.~~.!~._.____________ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NAMING THOMPSON PROPERTY - CEDAR GROVE P.ARK POLICY QUESTION: Should the Thompson Property, which will be developed as a park this year, be named "Cedar Grove Park?" COMMITTEE: PARKS RECREATION AND PUBLIC SAFETY MEETING DATE: ., CATEGORY: IZI Consent Ordinance D Public Hearing D City Council Business D Resolution D Other ~T ~!.'_~_~~~~y._=_~~tt.x_~~!!~~~_________________m_______________.___________m.__..__~~!~:.~~_~~~~~_ Recr~!~.~_____.._ Attachments: Minutes from the June I, 2006 Parks Commission Meeting Options Considered: Many other names were considered, but the top three names considered by the Parks Commission were 1) Cascade Park, 2) Colonial Park, 3) and Sunset Park. PRHSPS Council Committee did not take action on these proposed names at their December meeting. After touring the site and reviewing the proposed development plans for the site, it was determined that several Cedar trees currently exist on the property and the plans call for many more to be planted during development. The name "Cedar Grove Park" was proposed at the Parks Commission regular meeting on June 1, 2006. This name complies with the "natural features" criteria in the Resolution establishing the policy for naming parks in the City. The Commission voted unanimously to recommend Cedar Grove Park to the Council Committee. .-----.--....---..--.----..--.--.......---.-----.....-------.........-.-........-..........-..-........--..--.-....-.....-.--.............-.-......-......------...--....-.......-.--.-..--....----......--.--.......-.--....-..--.-.-----.---.-...-..--....-----.......--- STAFF RECOMMENDATION: Staff believes this is an appropriate name for the site and concurs with the Parks Commission recommendation CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: "::>:t:... Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move c;;,proval of Cedar Grove Park as the official park name for the Thompson Property located at 2228 S. 333T St and to forward this motion for the consent agenda at the next Regular Council meeting. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # c-\ MINUTES Chair Purdom called the meeting to order at 6: 1 0 p.m. Present: Chair C.T. Purdom, Vice Chair George Pfeiffer, Don Dennis, Ade Bright, Joel Howitt, Tom Medhurst, Marie Sciacqua, Fred Konkell, Carol Otto and Helen Stanwell. Excused: Cindy Dodge. Unexcused: David Talcott. Staff: PRCS Director Donna Hanson, Parks and Facilities Manager Steve Ikerd, City Attorney Pat Richardson; Interim City Manager Derek Matheson and Administrative Assistant Peg Wright. Guests: Jeanne Burbidge, council member. Dennis moved: Pfeiffer seconded motion to approve the May Parks and Recreation Commission meeting minutes as written. Motion passed unanimously. Pfeiffer moved: Dennis seconded motion to move V. #B. Thompson Property Name to III. #B under Commission Business. Motion passed unanimously. PUBLIC FORUM Carolyn Owens. Joanne Hugill. Elizabeth Conner. MaryAnn Gates. Jerry Britt. Frank Misner. Sally Hurst. Davina Mackenzie. Angie Zmiiewski. Harold Hurst. Jerrie Loties. Kevin Morris and Dave Kaplan spoke in support of designating French Lake Park as the official Off Leash Dog Park in Federal Way. COMMISSION BUSINESS French Lake Off-Leash Dog Park - Director Hanson reiterated that there are no funds designated for French Lake Park- signage, fencing, pond repair, turf repair, repair to the bridge over the pond, etc. Dog owners voiced concern on the irrigation system and how it operated with Director Hanson stating the irrigation is controlled by a Lakehaven system. Commissioners discussed several issues - need more time to assess, a more cooperative effort with the City being more decisive, support and direction from staff with the Volunteer group and the long-term feasibility with Lakehaven owning part of property. Dennis moved: Bright seconded motion to forward a recommendation to the Council Committee to designate French Lake Park as the official Off-Leash Dog Park in Federal Way. Motion carried with one abstention (Pfeiffer). Thol1l?son Property Name - Council member Burbidge said the name of Cascade Park was stalled at the council committee level when recommended by the Parks and Recreation Commission last year. She said while reviewing a grant application and on a recent visit to this property, she noticed several red cedar trees. There are a few cedars now with several additional red cedar trees to be planted during property development. She suggested Cedarwood, Cedar Grove or Cedar Park for consideration. Dennis moved to name the property Cedar Park. Discussion followed by commissioners on a preferred choice to recommend to the council committee. Howitt amended the motion to add Grove to the name - Cedar Grove Park - with Konkell seconding the amendment. Dennis moved to forward the recommendation of Cedar Grove Park to the Council Committee with a second by Pfeiffer. Motion carried unanimously. STAFF REPORTS Community Center Support Drive - Sciacqua reported on the support drive for the Community Center. She said they are doing a raffle, collecting items from local businesses and will start selling the tickets at the Red, White and Blue Festival and other City events until the end of August. The Swimathon at Kenneth Jones Pool starts Saturday with twenty swimmers participating. The next meeting of the committee will be held at City Hall on June 22, 2006. The current pledges/donations are at $30,000. &'- Parks and Recreation Commission, June 1. 2006 Pa2e 2 STAFF REPORTS (continued) Community Center Construction Update - Director Hanson and the commission went on a tour of the construction site prior to the meeting. Hanson reported that it is about three weeks behind schedule but within budget and contingency. 2006 Business Plan - Document in packet is for review and informational only. Director Hanson said the Special Event Permit process is going well this year and she is comfortable leaving it and reviewing at a later time. Chair Purdom will attend the Council Committee meeting on June 12,2006. PRCS has two items on the agenda. PENDING Lake Killarney NEXT MEETING/AGENDA ITEMS Community Center Construction Update Community Center Support Drive R WB/Staff Involvement ADJOURNMENT Chair Purdom adjourned the meeting at 7:35 p.m. NEXT MEETING IS AUGUST 3" 2006 L-~ COUNCIL MEETING DATE: August 1,2006 ITEM #:_ .....- ...................,.......-........................-........- ...... ..........................._ .............................._ .m.. .... ....._..~_.._.. .............m ...m..... .m...._............. ................................. ......................................_..........................._....... ,.. . ........m........ ..................__m......................_.,_._..............._........__.....__...............__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DIVERSITY COMMISSION - RESIDENCY REQUIREMENT POLICY QUESTION: Should the City Council amend the provisions relating to the membership of the Federal Way Diversity Commission in Chapter 2, Article III, Membership, Section 2-89 of Division 5, of the Federal Way City Code? COMMITTEE: Parks, Recreation, and Public Safety MEETING DATE: July 10,2006 CATEGORY: D Consent IZI Ordinance b\~ 0 Public Hearing o City Council Business 0 Resolution 0 Other S'!:.~!:_F REpORT By: Christina Smith, ICMA Fellow DEPT: Ci~ ~~~~ger_________m_____ ___ _...M__.__..__..._~..._. .._.___...._......_..___.._...._...~..___....._......~..............._........................................._...._._......._ ......._....._.._._...~........._.._._........_....._....._._..._...._....._...__.___..__.__ _ ___ The Diversity Commission has a very strong relationship with the community. Its major projects - the MLK Student Contests, Book Donations, and the Community Night event - impact schools and, therefore, residents outside the city limits but within the Federal Way School District. Current code language requires that all nine commissioners live in the school district and that at least seven also live within the city limits. Many applicants of varying cultural backgrounds have been turned away by the City Clerk due to the lack of positions available to school district - and therefore potential annexation area - residents. The Commission feels that anyone living within the school district and P AA should have an opportunity to serve and is asking for removal of that stipulation. Doing so is consistent with the City Council's efforts to involve P AA residents in more city activities. Attachments: 1. Draft Ordinance. Options Considered: 1. Enact the ordinance. 2. Take no action and leave the current code language in place. 3. -..-.----..---....-..-..........-.--...---...-..--.-..... ......"...-..--....-........-......-...-....-....-....-............._.........................................-......... ..............-..................-..-...........-.... ....- ................................ .............-.....-......-........-.......... ...............-..................-..-.......-.--.....--...--..-..-.............-...--....... STAFF RECOMMENDATION: Sta CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Conunittee Council COMMITTEE RECOMMENDATION: PRPSC recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to forward the ordinance to second reading and enactment at the next regular City Council meeting. " D-\ - ---- -- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1sT reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # \)-L ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PROVISIONS RELATING TO THE MEMBERSHIP OF THE FEDERAL WAY DIVERSITY COMMISSION (AMENDS ORDINANCE NOs. 92-141, 93-203, AND 96-283). WHEREAS, the City of Federal Way recognizes that cultural diversity is important to a community's quality oflife; and WHEREAS, by previous Ordinance No. 92-141, the City Council of the City of Federal Way, Washington, established a Diversity Commission (the "commission") to review issues and advise the City Council, as amended by Ordinance No. 93-203, and 96-283; and WHEREAS, many Diversity Commission activities are provided in coordination with the Federal Way School District; and WHEREAS, the Commission has requested that the residence restrictions of the Commission members not be restricted by the city boundaries, but include residents of the entire Federal Way School District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Chapter 2, Article ill, Membership, Section 2-89 of Division 5, of the Federal Way City Code ("FWCC") shallbe amended as follows: ORD # , PAGE 1 D~~ - --- ------------------~ ------------------------------ 2-89 Membership. (a) The diversity commission shall consist of9 members appointed by the city council. (b) The diversity commissioners shall serve without compensation. (c) Each member shall serve a term ofthree years. The city council shall annually appoint new members to fill the expiring terms on the diversity commission. If, for any reason, a vacancy occurs during the term of a diversity commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove a diversity commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the diversity commission shall serve until their successors are duly appointed by city council. (d) Persons appointed to serve on the commission shall reside within the Federal Way School District during the members' terms; proyided no fewer than seTlen members shall reside within the city limits. (e) To the extent practicable, appointments shall reflect the diversity of all of the city. (Ord. No. 92-141, S I(E), 6-2-92; Ord. No. 93-203, S 1, 12-21-93; Ord. No. 96-283, ~ 1,12-3-96) Section 2. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the ORD # , PAGE 2 \)-~ -- ~---------- effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\OrdinanceIDiveristy Connnission ORD # I PAGE 3 D-S -~-----~ ----- , ~~~~!~_~E!!~N~ ~~!~~__~!~!~~~~~.~___._.______________mm_._______m__m___________!_!.EM !!.~.___._____._____ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CABINS PARK PHASE II: PARKING LOT - REJECT BID AND AUTHORIZE TO RE-BID IN SMALLER PACKAGES POLICY QUESTION: Should the single bid received for Cabins Park, which is substantially more than the budget for the project, be rejected? If so, should staff be directed to break the design into smaller packages and bid them individually from the Small Works Roster? COMMITTEE: PRPS MEETING DATE: July 10,2006 CATEGORY: [gJ Consent 0 Ordinance 0 Public Hearing o City Council Business 0 Resolution 0 Other STAFF REpORT By: B SANDERS DEPT: PRCS -.-.-...-.----.-.--p-----.-..--..........--......--...-............--.-.-....-.---.._....._........_.__....._.__.._....__...._.................._.__._._.....__._......_____.___..._...._......._._......................_...____...H..._._ One bid was received for the Cabins Park Parking Lot project at the bid opening on June 12,2006. The bid was from A-I Landscaping and Construction, Inc., with a base bid of $313,344.00. The plan set included one alternate, for Perco-Crete sidewalk, and A-I submitted a bid of $22,848.00 for this alternate. This would bring the total project cost of this bid to $336,192 if the alternate were selected. (Perco-Crete is the smooth surfaced type of pervious concrete, compared to the standard pervious concrete, which resembles Rice Krispie treats.) The budget for the construction portion of this project is approximately $225,000, and the engineer's cost estimate prepared in August 2005 was approximately $150,000. Staff believes that the large variance between the cost estimate and the bid is due to a very busy construction industry and very volatile prices for some materials such as concrete and asphalt. Public Works, Parks and Planning staffs have coordinated a strategy for moving forward to get this project constructed. Staff recommends dividing the project into several smaller components, and bidding these individually from the Small Works Roster. In this way, the City would act as a general contractor, similar to the way the City Hall construction was managed. The components that are being considered are: 1. Grading and drainage 2. Concrete work 3. Utilities for future restroom 4. Landscaping At a minimum, staff believes that items one and two can be completed this year, making the parking lot usable, and expending the $104,000 in funds from the State of Washington. Attachments: None Options Considered: 1. Reject the bid received from A-I Landscaping, Inc. 2. Re-bid the project in smaller components. f-\ -..,.-.---...--.-----.--..-.----.-.....-.-....-..--.--.---..-.---..-..-.--..-....--.-.---....--.....--.-.......-.-.--.____._.._______.__._...._....m_....._..._.____..__._.._..._.__........--..-..-...-.--.--...-..-.---...___..__.._____....._m.__._ STAFF RECOMMENDATION: Staff recommends to reject the bid from A-I Landscaping and proceed with re- bidding the individual components of the project. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: sr:.. Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of rejecting the single bidfrom A-I Landscaping, and direct staff to re-bid the project in smaller components, using the Small Works Roster. " (BELOW TO BE COMfLlJTED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # E;-l- ~g~C!~_~~~!I~~.~~!!~_.~~!r~~'_~~~~_______ .----.----- ..._______m__________"_________I!~~..~~___.._________. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THOMPSON PROPERTY P ARK: AWARD BID POLICY QUESTION: Should construction of Thompson Property Park be awarded to GMT, Inc., who submitted the only bid on the project? COMMITTEE:PRPS MEETING DATE: 7/10/06 CATEGORY: [8J Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REpORT By: B SANDERS DEPT: Parks, Recreation & Cultural Services Bids-~~~~-ope~~d~;i-the-Thomps~; Paik proj.e~t-o~-j~~-28~-i006-~.-GMT~-inc. oTK~~mo~~-s~b~ttedthe-oniy-- bid. The amounts of the bid, including sales tax are: Base Bid: $319,062.53 A1t. I-Tot Play Equipment: $ 28,304.32 Alt. 2-5-12 Year-Old Play Equipment: $ 56.505.28 TOTAL, all items: $403,872.13 These amounts are within a reasonable range of the cost estimate that was prepared in February 2006. Available funds in the Thompson project account are approximately $305,000. The Madrona Park account has about $30,000 remaining. If these funds are transferred to Thompson, this would enable the City to construct the work in the Base Bid, which includes clearing and grading; drainage and irrigation; and trail, basketball court and playground curb construction. In this scenario, the project budget would be: Project Budget- $335,000.00 Base Bid: -- $319,062.53 5% Construction Contingency: $ 15,937.47 Thompson Park has also received a $15,000 Starbucks Neighborhood Park grant. This grant was written to help with the purchase of playground equipment. If Alternate 1 (play equipment for toddlers) is selected, an additional $13,304.32 plus a small contingency would be needed. One option to help fund Alternate 1 is to move funds from the Annual Playground Renovation account. There is approximately $87,000 in the account at this time. Transferring the needed amount would still leave a balance of$73,695. Attachments: Thompson Park Concept Plan Options Considered: 1. Award bid to GMT, Inc. 2. Transfer $30,000 in remaining funds from Madrona Park account to fund Base Bid. 3. Transfer $14,000 from Annual Playground Renovation account to fund Tot Play Equipment. 4. Do not award bid. t::,- , ------ I __~""__"_'______'______"__"__'_'__'_"'''''__M_''''..__._....._____.__~.._______.._..._...._.____.........__..___.........._..............__...._....._.___..___._.___................._....____...._._.._.__.._~____.._____...__...___._....._ STAFF RECOMMENDATION: Staff believes this is a reasonable bid, given the current construction climate, and recommends awarding the bid to GMT, Inc. Staff also recommends transferring funds to fully fund the base bid and Alternate 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ COWlcil Committee COWlcil COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval to award the Thompson Park project to GMT, Inc. and to transfer funds as specified above to fully fund the Base Bid and Alternate 1. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERREDINO ACfION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02106/2006 RESOLUTION # ~---2- -....--- _<;~_~_~I_~ ~E~!~~~~!~.:_!'!_~_!_~.,}O~~___________.________.________._.____m_____.__m___.E!!~ #.~.____________ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CABINS PARK: PSE EASEMENT POLICY QUESTION: Should the City enter into an agreement with Puget Sound Energy for an ingress/egress easement across PSE property to construct the improvements at Cabins Park? COMMITTEE: PRPS MEETING DATE: July 10,2006 CATEGORY: ~ Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REpORT By: B SANDERS DEPT: Parks, Rec. & CuI. Services The existing asphalt that currently serves the trailhead at West Hylebos Park and the homes south of Cabins Park is on PSE property. The first 70 feet of this drive will be reconstructed as part of the parking lot project at Cabins Park. To perform this construction it is necessary to have an easement across the PSE property. PSE is requesting $1000 for this easement. Attachments: None Options Considered: 1. Authorize City Manager to sign an IngresslEgress Easement with PSE. .__..-.__._-~---_._.__..._._.._..._._._-_._-_.__.._..._._.----....--.---.-.--..----------...---.---.-...-...-.-....-...-_..__._.._......._._.._..._.._....~--_..__..__._._...~_............_.._....._---_..._....__.._--_.._-_._._.- STAFF RECOMMENDATION: Staff recommends that the easement with PSE be approved, so that construction at Cabins Park can proceed. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: .5I:. Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of entering into an agreement with Puget Sound Energy for an Ingress/Egress Easement for construction of a parking lot at Cabins Park. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED COUNCIL BILL # o DENIED 1ST reading o TABLEDIDEFERREDINO ACTION Enactment reading o MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # G,-\ ------- COUNCIL MEETING DATE: July 18,2006 ITEM #: ................~.._.........._- ...............................- .................................-...... .......................-......... ....--.................... ...._.........~..... ....... ....................................~..._............~.............~........ . .............. ......................................-..................... ......................-........-.....-....-....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Bid Acceptance for the Purchase of Bomb Van POLICY QUESTION: MAY THE POLICE DEP ARTMENT ACCEPT THE BID FROM P ACmC COAST FORD FOR THE PURCHASE OF A BOMB V AN? COMMITTEE: Land Use/Transportation MEETING DATE: April 25, 2005 CATEGORY: [2J Consent [2J Ordinance 0 Public Hearing 0 City Council Business 0 Resolution 0 Other ST AFF REPORT By: Commander DEPT: PS Attachments: 1. Staff report 2. Options Considered: 1. Accept Pacific Coast Ford's Bid $38,875.60 2. Accept Lynnwood Harris Ford's Bid $41,094.70 3. Accept Braun Northwest's Bid $57,059.30 _.........._ ...........m..................................... m......._...........................___........... .................. .m.................. . .. ........._.............._..._............._.._ STAFF RECOMMEND A TION: Staff recommends Option 1. The Police Department staff not being aware of the requirements of this report to Council, obtained competitive bids and purchased the vehicle from Pacific Coast Ford, located in the City of Federal Way. The staff believed that Council approval to accept the Homeland Security Grant was sufficient and no other ap roval was re uired. ffrecommends that Council ap rove the urchase of the new Bomb Van. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ,;2t,hA., t/J'fy Council Committee Council , COMMITTEE RECOMMENDATION: Forward the bid results and acceptance of Option I to full Council for their approval at the July 18, 2006 meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Bid Acceptance of Option 1 for the Purchase of the Bomb Van. " (BELOW TO BE COMPLETED BY CITY CLERKS OF FlCE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDfDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/0612006 RESOLUTION # \-\ - \ - - ---- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 10, 2006 TO: Parks, Recreation, and Public Safety Council Committee VIA: Derek Matheson, City Manage~ FROM: Anne Kirkpatrick, Chief of Police SUBJECT: Bid Acceptance for the Purchase of Bomb Van Background: In September 2005, Committee/Council approved the acceptance of the grantfor a new Bomb Van. The funding was provided by a Department of Homeland Security Grant of$50,000 to enhance the city's response to critical incidents involving Improved Explosive Devices (lED). Staff so licited bids for a Bomb Van, 2006 Ford E-450, with specific configuration and following are the bids: Bidder Pacific Coast Ford Lynfiwood Harris Ford Braun Northwest Unit Price $35,633.00 $37,667.00 $52,300.00 Sales Tax 9.1 % $3,242.60 $3,427.70 $4,759.30 Grand Total $38,875.60 $41,094.70 $57,059.30 1 \-\ ~ ~2-- --------- COUNCIL MEETING DATE: July 18,2006 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2006 JUSTICE ASSISTANCE GRANT POLICY QUESTION: Should the Federal Way Police Department accept the 2006 Justice Assistance Grant award for $29,114 to finance improved technology (laptop computer docking stations)? COMMITTEE: Parks, Recreation, and Public Safety Committee MEETING DATE: July 10,2006 CATEGORY: [g] Consent 0 Ordinance 0 Public-Hearing 0 City Council Business 0 Resolution 0 Other STAFF REPORT By: Commander Wilson DEPT: Public Safety Attachments: 1. Staff report to Parks, Recreation, and Public Safety Council dated July 10, 2006. 2. 2006 Justice Assistance Grant Award Letter and Special Conditions documents. Options Considered: 1. Authorize the City Manager to accept the 2006 Justice Assistance Grant award in the amount of $29,114 for the purchase of 46 Itronix GoBook IIIIII vehicle cradles at a cost of $525 each. 2. Not authorize the City Manager to accept this Agreement. ..........-.. .......................... ............................ .......... .............. ..................................-....... ...................- .............-........................ ..................._...... .....- .......... ......................................................... .................. ............. .. .... .............................................................................................................-................... STAFF RECOMMENDATION: Sta recommends Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPRO V AL: Initial Initial Council Committee Council COMMITTEE RECOMMENDATION: Parks, Recreation, and Public Safety Committee recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2006 Justice Assistance Grant award. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinaru:es only) ORDINANCE # REVISED - 02/0612006 RESOLUTION # :!-l ------- ---- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 10, 2006 TO: Parks, Recreation, and Public Safety Wffiiltee VIA: Derek Matheson, Interim City Manag FROM: Anne Kirkpatrick, Chief of Police SUBJECT: 2006 Justice Assistance Grant Background The Federal Way Police Department would like to enable and expand our police field officers capability to access public safety related data, pictures, voice and video "outside" of the vehicle by providing a vehicle docking station. The city currently provides broadband wireless technology on the police vehicle laptop; however, the laptop is "hard wired" into the vehicle, thus restricting the officer's ability to bring technology to our consumer. The Office of Justice Programs has approved our application for technology funding under the 2006 Justice Assistance Grant in the amount of$29,114. The intent of the Police Department is to use this grant money to purchase vehicle docking stations to outfit 46 of our front line patrol fleet vehicles at a total cost of $29, 114. Once installed officers can remove the laptop to take into a reporting parties home or business to complete statements and field reporting requirements without the need to return to the station for report preparation. Documents such as search warrants can be prepared on scene and executed in a timely and efficient manner. Officers can take laptops to neighborhood or community meetings, having instant access to data and provide feedback on a real-time basis. Providing this flexibility allows officers to remain deployed in their Patrol Sectors for longer periods oftime during their shift, as they are not restricted to their Patrol car for the purposes of report writing. It further affords the officers an ergonomically friendly way of using their laptop. The docking station allows the officer to remove the laptop from its cradle and it easily hangs from the steering wheel for reporting writing purposes while parked in highly visible area within the Patrol Sector. 1 =r~L- 1--- I Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington. D.C. 1053/ June 14,2006 Mr. Derrick Matheson City of Federal Way 33325 8th Ave South P.O. Box 9718 Federal Way, WA 98063-9718 Dear Mr. Matheson: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $29, 114 for City of Federal Way. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Jeffrey S. Felten-Green, Program Manager at (202) 514-8874; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, C { . \ I I i I.. .-----..... \0- c' \,"\ -~.~ Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures -r .-~ Department of Justice Office of Justice Programs Office for Civil Rights Washington. D.C 1053/ June 14,2006 Mr. Derrick Matheson City of Federal Way 33325 8th Ave South P.O. Box 9718 Federal Way, WA 98063-9718 Dear Mr. Matheson: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.c. 9 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department ofJustice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies io treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its, board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. J- -ij State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. These employment provisions have been specifically incorporated into 28 C.F.R. Part 38.1(1) and 38.2(1). Consequently, in many circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at http://wwW.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount ofthe grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.c. S 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. S 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. SS 42.205(5) or 31.202(5)). I) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOPspecialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. -;: --5 -- -------------- ------------- -- ----- Ensuring the Compliance of Subrecipients [fyour organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. Ifwe can assist you in any way in fuliilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, ~J.~ Michael L. Alston Director cc: Grant Manager Financial Analyst J-6 !-~------_._'--------------_. --_._.._------------,~-------------------_._._-- .._-~~-------~.__.,_._---.------.--- ---- f) Department of Justice .. . "~' Office of Justice Programs I '" I:> ", PAGE I OF 5 "," ~:;> '" I N" \, ~ ~i ~! Bureau of Justice Assistance Grant I I -:: "\o'\~. -,<c'<' , ^? ". - " , i '* ~.,.:F" 1 -----.l-------.----i t---~-- _--L...-__ i I. RECIPIENT NAME AND ADDRESS (Including Zip Code) i 4. AWARD NUMBER: 2006-DJ-BX-0304 ---~I I I ! City of Federal Way i i 33325 8th Ave South P.O. Box 9718 j 5. PROJECT PERIOD: FROM 10/01/2005 TO 09/30/2009 I Federal Way. WA 98063-9718 I BUDGET PERIOD: FROM I % I /2005 TO 09/30/2009 i ._~.AWARDDATE 06/14/2006 -----.----~i i 17. ACTION i f1A-~GRANTEE IRSNENDO~~ i 8. SUPPLEMENT NUMBER Initial I I 911462550 ! 00 I ----,--- i i 9. PREVIOUS AWARD AMOUNT $0 I I I- i 3. PROJECT TITLE I Hi. AMOUNT OF THIS AWARD $ 29,114 MDC Project ~ I I II. TOTAL AWARD $ 29,114 .~---~. 12. SPECIAL CONDITIONS I I i I I THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LlMITA TIONS AS ARE SET FORTH I ON THE ATIACHED PAGE(S). I I i 13. STATUTORY AUTHORITY FOR GRANT I This project is supported under PL 109.108 I I "~,"OOomYM'm I I PAPRS I I GRANTEE ACCEPTANCE I I~ AGeNCY A"'OVA' I I 16. TYPED NAME AND TITLE OF APPROV[t.jG OFFICIAL I I 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL I I Domingo S. Herraiz I Derrick Matheson I I Director, Bureau of Justice Assistance City Manager I J 117. SIGNATURE OF APPROVING OFFICIAL --. 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 119A. DATE I (O.lt-~ I I I ~ I '--j i AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 2 I. DJ06U00804 FISCAL FUND BUD. DIV. I YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT I X B DJ 80 00 00 29114 I I I I L... OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) ~-l -----~---- ! ._._--"---'-~-~~--------------------------.._--~---~~----_._-----------~--, i Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice SHEET PAGE 2 OF 5 i I Assistance i Grant i I i---~~---.-.--,- -- ---------------- .~~ --'-.-- I PROJECT NUMBER 2006-DJ-BX-0304 AWARD DATE 06/14/2006 _..__._-~-----~ I i SPECIAL CONDITIONS I I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the I I Office of Justice Programs (OJP) Financial Guide. I I 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is ! I required to submit one pursuant to 28 CF.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the I recipient is in compliance. I I 3. The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-133, Audits of States, I Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval ofOJP. 5. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component ofa funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. L I OJP FORM 400012 (REV. 4-88) ~-<6 ---------- ---~------'_._'---~--- ~--~_._---,.- -----_._~----------- ---------~-, Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 3 OF 5 i Assistance Grant i i --.------'-- - -------------- 1 PROJECT NUMBER 2006-DJ-BX-0304 AWARD DATE 06/14/2006 1 ,_. SPECIAL CONDITIONS 6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. I i The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement I Administration, and the Office for Community Oriented Policing Services, prepared a Program-level Environmental I Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental, 1 health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions I I under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and i conditions shall apply to the grantee for any OJP funded methlab operations: 1 I I A. The grantee shall ensure compliance by OJP funded sub-grantees with federal, state, and local environmental, I I health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, 1 equipment, and wastes resulting from those operations. I I I B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of I accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety i impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. I i I C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine i i mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation 1 I Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part II of this special i condition) I I 7. I. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of ! clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine I laboratories; 3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; I 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; i i 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated 1 ! materials and wastes from the site(s) of each seized laboratory; . i 6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities I i or, when allowable, at properly licensed recycling facilities; I I 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above I I in order to ensure proper compliance; I 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner, ! or others to ensure that any residual contamination is remediated, if determined necessary by the state environmental agency and in accordance with existing state and federal requirements; and i 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly i respond to any minot, as defined by state law, at the site. This agreement must ensure immediate response by qualified i personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective I I custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal I violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. I OIP FORM 4000/2 (REV. 4-88) .J-~ ~---~-~-_._----------_.._------ I ------------- - ---------~-------~~----_.------I I ! Department of Justice i 'r i Office of Justice Programs : AWARD CONTINUATION I i Bureau of Justice I SHEET PAGE 4 OF 5 I Assistance Grant i I I I i I ! i I I --~-~I _~__,_________"_,_ ____,__'___n__ .---- -----._----~~--- I PROJECT NUMBER 2006-DJ-BX-0304 AWARD DATE 06/14/2006 1 I SPECIAL CONDITIONS 8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, or any other written I I materials that will be published, including web-based materials and web site content, through funds from this grant at I least thirty (30) working days prior to the targeted dissemination date. I I 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ,. to the.ex.tent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantyecan I demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. .'0. To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model I speci fications and guidelines for this particular grant. Grantee shall publish and make available. without restriction aU schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gjxdm. II. The recipient is required to establish a trust fund account. (The trust fund mayor may not be an interest-bearing account.) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 12. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. l3. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, ifOJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.c. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award, including the effective edition of the OJP Financial Guide and, as applicable, either (I) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A-I .'0. Further, the use of program income must be shown on the quarterly Financial Status Report, SF269. 15. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm. 16. Grantee agrees to comply with the requirements of28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. OJP FORM 4000/2 (REV. 4-88) -=t ~'D ----- ,-------~----------'-----------~-- I ------------ -------, I ! Department of Justice I j Office of Justice Programs AWARD CONTINUATION I Bureau of Justice ! SHEET I PAGE 5 OF 5 i Assistance I Grant ! i i I I I i -_._-~ ,-~---~--- --------~~----- PROJECT NUMBER 2006-Dl-BX-0304 AWARD DATE 06/14/2006 ----------~------ ---I SPECIAL CONDITIONS I I 17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.c. section 3789g and 28 C.F.R. Part 22 that I I I are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant ! I approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular, ! i section 22.23. I i I Recipient agrees that funds provided under this award may not be used to operate a "pay"to-stay" program in any local I i 18. I' i jail. Recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. i I 19. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this I program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). I To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure I that LEP persons have meaningfuLaccess to their programs. Meaningful access may entail providing language I I assistance services, including oral and written translation when necessary. The U.s. Department of Justice has issued I guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the I Internet at www.lep.gov." I ! I I I i i I ! I I I I I I I I I I I I OlP FORM 4000/2 (REV. 4-88) :1>-(\ --~- Department of Justice Office of Justice Programs Bureau of Justice Assistance Washingtan. D.C. 2053/ Memorandum To: Official Grant File From: Muriel Collins, Environmental Coordinator Subject: Incorporates NEPA Com,pliancein Further Develop1UilUtal Stages for City ofF~deral Way All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry ,. the following NEP A sjJecial condition: 1) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a IOO-year flood plain; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component ofa funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA ofa national or program environmental assessment of that funded program or activity. J-JL ------ ---- ~ ~- ----- -----~-----~- ------ I ----~-_.-._--- I Department of Justice I GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs ! PROJECT SUMMARY . Bureau of Justice Assistance Grant L__~__~~_________ ________~__ i PROJECT NUMBER i i 2006-DJ-BX-0304 PAGE I OF I I ~-_.__..______ ..- --~---~-------..,...--~_. i I This project is supported under P.L. 109-108 i I I i i II. STAFF CONTACT (Name & telephone number) I 2. PROJECT DIRECTOR (Name, address & telephone number) ! : I Jeffrey S. Felten-Green I Jeanne Schroeder (202) 514-8874 Admin Assistant I 33325 8th Ave South I P.O. Box 9718 I Federal Way,WA 98063-9718 I (253) 835-6703 3a. TITLE OF THE PROGRAM I 3b. POMS CODE (SEE INSTRUCTIONS r FY 2006 Edward Byrne Memorial Justice Assistance Grant. (JAG) Program ! ON REVERSE) I I 4. TITlE OF PROJECT I MDC Project 5. NAME & ADDRESS OF GRANTEE I 6. NAME & ADRESS OF SUBGRANTEE City of Federal Way I 33325 8th Ave South P.O. Box 9718 I Federal Way, W A 98063-9718 i L ----.--.. ----- 17. PROGRAM PERlOO I 8. BUDGET PERIOD I I FROM: 1010 112005 TO: 09130/2009 I FROM: 1010 1/2005 TO: 09/30/2009 I I i I ! 19. AMOUNT OF A WARD~ I --I I 10. DATE OF AWARD I S29,1I4 ! 06/14/2006 I ; i I I 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT I , 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT i 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) I The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states, tribes, and local governments to support a broad range of I activities to prevent and control crime based on their Own local needs and conditions. Grant funds can be used for state and local initiatives, I technical assistance, training, personnel, equipment, supplies, contractual support, and infonnation systems for criminal justice for anyone or more of the following purpose areas: I) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) ; corrections and community corrections programs; 5) drug treatment programs; and 6) planning. evaluation, and technology improvement I programs. I I I I ! i OJP FORM 4000/2 (REV. 4-88) J~I~ The City of Federal Way will use the JAG funds to increase police officer's access to public safety related data through broadband wireless technology within the patrol vehicles. NCAINCF I J ~/y