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PRHSPSC PKT 08-14-2007 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Tuesday, August 14,2007 5:00 p.m. City Hall Hylebos Conference Room l. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF JULY 10,2007 SUMMARY 5. COMMITTEE BUSINESS A. 2007-2008 Community Development Block Grant Program Action O'Donnell B. Capacity Partnership Program - Status Report Information Allen-Mpyisi C. 2nd Amendment of the ILA and Professional Services Contract for The Capacity Partnership Program Action Allen-Mpyisi D. Proposed Ordinance to Amend the Criminal Enforcement Penalty Provisions of FWCC Chapter 1 and Chapter 22 Action Snell E. Proposed Ordinance To Amend the Criminal Code ofthe City Action Snell Of Federal Way to Reflect Recent Legislative Changes F. Proposed Ordinance to Add a New Section to Chapter 1, Article III Of the Federal Way City Code to Authorize Enforcement of Code Provisions by Civil Infraction Action Snell G. Red Light Enforcement Action Wilson H. Less Lethal Weapon System for Patrol, 44mm Launcher Information Wilson I. Law Enforcement Terrorism Prevention Program FFY 06 Grant Action Wilson J. BearCat Armored Vehicle for the Valley Special Response Team Action Wilson K. Long Term Jail Options Information Wilson 6. PENDING ITEMS . Park Impact Fees 7. NEXT MEETING - September 11, 2007 5:00pm - Hylebos Conference Room 8. ADJOURNMENT 2007 Committee Members: Council Member Jeanne Burbidge, Chair Deputy Mayor Jim Ferrell Council Member Linda Kochmar Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant II 253-835-6901 City of Federal Way City Council p ARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday July 10, 2007 6:00 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member Linda Kochmar; Jenni Snell, City Attorney, Lt. Arbuthnot, Public Safety Department, Iwen Wang, Assistant City Manager, Donna Hanson, Director PRCS, Angelina Allen-Mpyisi Human Services Manager, B Sanders, Park Planning & Dev. Coordinator, Mary Jaenicke, Administrative Assistant II. Guests: Deanna Heinrich, Human Services Commission Chair Burbidge called the meeting to order at 6:05p.m. PUBLIC COMMENT None COMMISSION COMMENT None Council member Kochmar moved to put items C and D to the beginning of business items on the agenda. Deputy Mayor Ferrell seconded. Motion passed. APPROVAL OF SUMMARY Deputy Mayor Ferrell moved to approve the June 10 meeting minutes as written, Council member Kochmar seconded. Motion passed. BUSINESS ITEMS Thompson Property/Cedar Grove Park: Final Contract Amendment and Accept Project bv GMT, Inc. Ms. Sanders provided the background information. There are a few budget items that needed to be taken care of in order to close out the project. The playground for the older kids was added as a change order. Money was moved from the playground account during the carry forward budget. The cost of the play equipment was $56,505.00. During the project, there was a significant amount of storm damage done to the park project. The cost of this storm damage was $22,612.00. The total amount of the change orders is $79,117.00, bringing the subtotal of the project to $426,484.00. There was also $20,000.OD in soft costs bringing the grand total of $446,484.00. This puts the project over budget by $12,759.00. Staff is recommending moving $13,000 from the major maintenance account into this projects account. Council member Kochmar moved to authorize the City Manager to amend the contract with GMT, Inc. to include all change orders and applicable sales tax for an amended total of $426,484.99, authorize the transfer of $13,000.00 from Major Maintenance-Park Facilities CIP project to cover the storm damage repairs, and to accept the work by GMT, Inc. as complete and proceed with retainage release process. Deputy Mayor Ferrell seconded. Motion passed. Council member Kochmar asked how the fence issue was going. Ms. Hanson answered that the property has been surveyed and a plan is in place to put in a chain link fence in a couple of areas and landscape the area. Staff is also working with the Public Works Department to put in a trail across SWM property. The trail will be fenced to discourage people to cut across private property. Community Center: Final Contract Amendment and Accept Proiect by Absher Construction Company Ms. Hanson provided the background information. Staff has received the final invoice and the [mal change order from Absher Construction Company. Some work that was originally going to be owner's cost was added to the contract. This work was the kitchen equipment and n:rst proof lockers. Ms. Wang reported that we are under budget by $48,220.00 for soft costs, and the whole project is under budget by $70,869.00. Council member Kochmar moved to recommend the full Council to: authorize the City Manager to amend the contract with Absher PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday July 10, 2007 Summary Page 2 construction to include all change orders and applicable sales tax for an amended total of $17,003,712.00; to accept the work by Absher to include all change orders and applicable sales tax for an amended total of $17,003,712.00; to accept the work by Absher as complete and proceed with retainage release process; and to direct staff to transfer the final closeout balance to the New Community Center Fund. Deputy Mayor Ferrell seconded. Motion passed. Acceptance to re-allocate Human Services General Funds Ms. Allen-Mpyisi provided the background information. ACAP Child and family Services submitted a letter in May regarding their funding for the Childcare Subsidies Program. They want to decline the grant because they do not believe that they can meet the goals stated in the contract. Ms. Allen-Mpyisi stated that staff had been closely monitoring them. The Human Services Commission and staff are proposing that the funding be split between the Federal Way Community Caregiving Network and Catholic Community Services in the amount of $5,000 per agency in 2007. The full amount of$lO,OOO will be given to St. Theresa Church/St. Vincent DePaul in 2008. This funding will be used for emergency assistance. There is a high demand for assistance to help pay utilities, rent, gas and other basic needs in the Federal Way area. Deputy Mayor Ferrell moved to authorize the City Manager to approve funding to the Federal Way Community Caregiving Network and Catholic Communty Services in the amount of $5,000 per agency in 2007 and St. Theresa Church/St. Vincent DePaul receive the full one-time allocation of $10,000 in 2008. Council member Kochmar seconded. Motion Passed. Interlocal A!!:reement between City of Federal Way and Pu!!:et Sound Educational Service District Relatin!!: to Fundin!!: for Reinvestin!!: in Youth Lt. Arbuthnot provided the background information. The Federal Way Public Safety Department has been helping fund this program since 2003. The Reinvesting in Youth Program puts policies in place to help get children involved in school, and prevent students from dropping out of school. The Department has given $5,000 per year, and would like to continue. Council member Kochmar moved to approve the Interlocal Agreement between City of Federal Way and Puget Sound Educational Service District Relating to Funding for Reinvesting in Youth, and authorize City Manager, Neal J. Beets to sign such Agreement. Deputy Mayor Ferrell seconded, motion passed. NEXT MEETING - August 14, 2007 6:00 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6: 17p.m. COUNCIL MEETING DATE: September 4,2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM POLICY QUESTION: Should the City of Federal Way allocate 2008 Community Development Block Grant (CDBG) funds as recommended by the Human Services Commission? COMMITTEE: PRHS&PS MEETING DATE: August 14, 2007 CATEGORY: [8J Consent D City Council Business o Ordinance o Resolution CDBG Coordinator o o Public Hearing Other STAFF REPORT By: Kelli DEPT: Community Development Attachments: · Final 2008 CDBG Program recommendations from July 23, 2007, Human Services Commission meeting with staff report and updated attachments.. · Complete copies of the 2008 CDBG applications received, staff reports and questions/responses to agencies are available in the City Council offices. Options Considered: 1. Finalize the recommendation for the 2008 Community Development Block Grant (CDBG) Program, as presented that includes: Proposed funding levels for 2008 CDBG Capital Projects and Public Service Projects; Conditions of Funding; a Contingency Plan should funding increase or decrease; and, the 2008 Planning and Administration Budget. It is further moved that the City Manager or his designee be authorized to enter into the required agreements to carry out Federal Way's 2008 CDBG program. 2. Modify the recommendation for the 2008 Community Development Block Grant (CDBG) Program. STAFF RECOMMENDATION: Acce t option \. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: [move approval of option _ . Jeanne Burbidge, Chair Jim Ferrell, Member Linda Kochmar, Member PROPOSED COUNCIL MOTION: "[ move approval of option _' " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # f\-\ CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: August 2, 2007 Kelli O'Donnell, CDBG coordinat~ Cary Roe, Assistant City Manager (?/Fn\'" Kathy McClung, Director Community Development Services ~ Recommendations for the 2008 CDBG Program Subject: Background The Human Services Commission is pleased to present the recommendations for the 2008 Community Oevelopment Slock Grant (COSG) Program. The Council Committee is asked to review the funding recommendations and forward them to the full City Council for final approval. Included with this memo is the July 16, 2007 cover memo to the Human Services Commission with the following updated attachments: (1) the Recommendations for funding allocations of the 2008 COSG Program as of July 23, 2007; (2) the estimated 2008 COSG funding as of July 23, 2007; (3) recommended funding conditions for 2008 capital projects and public service programs;(4) a contingency plan providing guidelines for adjusting grant awards should the funds available increase or decrease (5) staff memorandum on the 2008 Planning and Administration Sudget; (6) National League of Cities article on the status of 2008 congressional appropriations; and, (7) 2007 second quarter COSG status report for public service agencies. Recommendation Process The total amount of funds available to allocate for the year 2008 is estimated at $558,345. Federal regulations limit the amount of COSG funds that can be allocated for public service programs and planning and administration activities. Additionally, the City's contract with King County sets aside funding for County administration, the Housing Stability Program and the Housing Repair Program as noted in attachment 2. The Human Services Commission made their recommendations based upon the July 23 estimates of funds available for 2008 in the following funding categories: $398,288 $ 80,028 $ 80,028 $558,345 Capital Projects Public Services Planning and Administration Total Available for 2008 COSG Program The Human Services Commission reviewed five applications for COSG capital projects for 2008 funding. Questions were forwarded to the agencies and the Commission reviewed responses with the application summaries. The Commission made preliminary recommendations on the 2008 COSG program at their June 18 meeting. Preliminary funding recommendations for 2008 capital projects and public service programs were forwarded to agencies with notice of a public hearing. The Commission hosted a public hearing on July 23,2007, to collect citizen comments on the preliminary recommendations. The Commission also reviewed the Federal Way planning and administration budget (Attachment 5) for the 2008 COSG program. Public comment was received from agencies thanking the Commission for the proposed funding of their respective project/program. Public comments were considered as the Commission continued deliberations and voted on the recommendations for the 2008 COSG Program. The Recommended Funding for the 2008 ~.-2- COBG Program as of July 23,2007, with potential increases and decreases is attached (Attachment 1). Capital projects are recommended for funding in the following order: Capital Projects t)l) .5 s... '0 ~ ='0 = ~ ~ 0 Applicant Project/Program Federal Way Stand Alone Projects: Requests 2008 CDBG King County Housing Authority Kings Court Community Building Renovation Project $ 100,000 2 Multi-Service Center Employment by an Eligible CBDO $ 107,853 Federal Way Alternate Projects (See Contingency Plan): Highline Community College Small Business Development Center $ 22,620 Korean Women's Acquisition & Development 2 Association Senior Housing & $ 157,335 Community Facility 3 Boys & Girls Clubs of Federal Way Boys & Girls $ 126,200 King County Club Classroom Expansion Unallocated TBD $ Capital Project Funds $ 514,008 2008 Recom. Funding (07/23/07) Applications funded in 2007 for COBG Public Services were for the 2007-2008 period, with continued funding for 2008 contingent upon funds available and performance of agencies in 2007. Funds available for public service/planning and administration in 2008 have declined due to a reduction in the amount of program income returned to Federal Way from the Housing Repair Program loan repayments_ These decreases may be offset by an increase in the amount of funds allocated by Congress in 2008. The proposed funding levels are based upon the current estimate of funding with reductions to agencies as prescribed by the Contingency Plan. If additional funds are allocated by Congress, funding will be restored to agencies per the Contingency Plan. Agencies have been meeting performance measures on 2007 COBG public service projects for the first six months of 2007 (Attachment 7). The final amount of the 2008 COBG entitlement will not be known until Congress appropriates funds for the program, which could occur as soon as September 2007 or as late as spring of 2008. The Commission has developed a contingency plan should the amount of funds increase or decrease in any of the funding categories for 2008. Please see the contingency plan for detailed information (Attachment 3). In addition, the Commission recommends conditions of {\-::, funding for the capital projects and public service programs to address specific concerns identified during the application review process (Attachment 2). Applications, staff summaries, and agency questions and responses for capital projects are in binders in the City Council offices and will be available at the Parks, Recreation, Human Services and Public Safety Committee meeting. The Commission is confident that the recommended 2008 COBG Program complies with local and federal statutory guidelines. At the same time, it offers a diverse portfolio of projects and programs that predominantly benefit low- and moderate-income individuals. Proposed Motion: Option 1 The Committee recommends approval of the 2008 COBG Program that includes: preliminary funding levels for 2008 COBG Capital Projects and Public Service Projects; Conditions of Funding; a Contingency Plan should funding increase or decrease, and the 2008 Planning and Administration Budget. It is further moved that the City Manager, or his designee, be authorized to enter into the required agreements to carry out Federal Way's 2008 COBG program. This recommendation to be forwarded to the City Council for consideration at the September 4,2007, meeting. Option 2 To approve the 2008 COBG program as amended by the Committee. Staff Recommendation: Approve Option 1 and forward to the full council for approval at the September 4,2007, regular City Council meeting. Human Services Commission Recommendation: The Human Services Commission finalized their recommendations for the 2008 COBG Program at the July 23,2007, meeting with modifications based on revised estimates and changes to the Contingency Plan and Conditions of Funding. The 2008 COBG Program includes: preliminary funding levels for 2008 COBG Capital Projects and 2008 COBG Public Service Projects; Conditions of Funding; a Contingency Plan should funding increase or decrease; and, the 2008 Planning and Administration Budget. Committee Recommendation: Forward option consent agenda. to the full City Council and place this item on the September 4, 2007, ~ _ l--I ~ CITY OF ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: July 16, 2007 Human Services Commission ~ Kelli O'Donnell, CDBG Coordinatoll/"~ 2008 Community Development Block Grant (CDBG) Public Hearing and Recommendations for the 2008 CDBG Program Public Hearing: On Monday, July 23,2007, the Human Services Commission will hold a public hearing to collect comments regarding the preliminary recommendations for the City of Federal Way 2008 CDBG program. The public hearing is scheduled to begin at 5:30 p.m. in the City Council Chambers. The public hearing will start with a staff presentation of the preliminary funding recommendations, as developed by the Commission. The presentation will include each project, the preliminary proposed funding level, and a review of the proposed conditions of funding and contingency plan for 2008. After the presentation, the Chair will invite public testimony. This will be done project by project with the Chair reading a project name and asking for comment. Every person who wishes to speak will have a total of 3 minutes. Human Services staff will set a timer. Additionally, the public will be allowed to submit written comments, which will be read into the record during the hearing. When all comments are collected, the Chair will close the hearing. Recommendations for 2008 CDSG Program: The Commission will then move to agenda item 5 for final deliberations of the recommendations for the 2008 CDBG Program. The draft 2008 COBG funding levels for capital and public service projects (Attachment 1), Updated Estimated 2008 COBG Allocations by Category (Attachment 2),2008 Conditions of Funding (Attachment 3), and 2008 Contingency Plan (Attachment 4), are included in the agenda materials. The 2008 Planning and Administration budget and information on performance by COBG public service agencies will be provided at the meeting. Following review of the information provided and input from the public hearing, the Human Services Commission will finalize their recommendations on the 2008 CDBG Program. The Commission's recommendation will be forwarded to the Parks, Recreation, Human Services and Public Safety (PRHS&PS) Council Committee at their meeting on August 14, 2007. It is anticipated that the full Council will consider and vote upon the Committee's recommendations at their September 4,2007, meeting. Updated Estimates: The preliminary 2008 COBG funding recommendations as developed at the June 18, 2007, Commission meeting are noted in Attachment 1. Updated estimates for 2008 CDBG funding have been received from King County and have been incorporated into Attachment 2. Federal Way's program income has dropped from $119,186 down to $59,702. This is due to the reduction in sale/refinancing of homes previously receiving King County Housing Repair funds 'f\--5 in Federal Way. The amount of funds received as program income directly impacts how much Federal Way can spend in the capital projects, public service and planning/administration categories as follows: Com arjson 2007 to 2008 Estimates Available after set asides Portion allowable for Public Services Portion allowable for Planning/Administration Remaining for Capital 2007 Fjnal 2008 Estjmate $85,977 $80,028 '!i1t~.'&~j"""V'i~~~BI l___~..'j $382,959 $358,710 Attachment 1, Draft Recommendations. has had a column added to show how funds would be allocated based upon the preliminary recommendations with the reduction in funding utilizing the draft 2008 Contingency Plan. On a positive note, the House and Senate appropriations committees have approved their FY08 spending bills (Attachment 5). The House Bill recommends an increase of $228 million over the FY07 funding. The details of the Senate Bill for the CDBG program are not available as of the writing of this memo. Although it is difficult to predict the final allocations with the possibility of a Presidential veto, increases to the CDBG program could offset the reduction to program income. Attachment 2, Estimated 2008 CDBG Allocations by Category shows the impact of a 5% or 10% increase in the allocation by Congress. Outstanding Issues: The Commission added the Boys & Girls Clubs of King County - Federal Way Boys & Girls Club Classroom Expansion to the 2008 Contingency Plan. As noted in the staff report, the agency has only committed $7,000 to the project. Would the Commission like to require a higher participation by the Agency should the project be funded by the 2008 Contingency Plan? Staff has recommended that 64% of the project be funded with CDBG funds equating to $85.248. Proposed Motions: Option 1: I move to finalize the recommendation for the 2008 Community Development Block Grant (CDBG) Program, as presented that includes: Proposed funding levels for 2008 CDBG Capital Projects and 2008 CDBG Public Service Projects; Conditions of Funding; a Contingency Plan should funding increase or decrease and the 2008 Planning and Administration Budget. It is further moved that the City Manager be authorized to enter into the required agreements to carry out Federal Way's 2008 CDBG program. Option 2: I move to finalize the recommendation for the 2008 Community Development Block Grant (CDBG) Program, as modified by the Human Services Commission at tonight's meeting that includes: Proposed funding levels for 2008 CDBG Capital Projects and 2008 CDBG Public Service Projects; Conditions of Funding; a Contingency Plan should funding increase or decrease and the 2008 Planning and Administration Budget. It is further moved that the City Manager be authorized to enter into the required agreements to carry out Federal Way's 2008 CDBG program. If you have any questions about the public hearing or allocation procedure. please contact me at kelli.odonnel/@cityoffederalway.com or (253) 835-2653. (\-(q Applicant Capital Projects 11 Boys & Girls Clubs of King County 21 Highllne Community College 31Klng County Housing Authority 41 Korean Women's Association 51 Multi-Service Center Unallocated Applicant Draft Recommendations 2008 Community Development Block Grant (CDBG) Program Project/Program Rea COSG ~ c - ,- ~ 'C'C C - =0 u. 2008 2008 10% Increase 5% Increase Federal Way Boys 8. Girls Club Classroom $ 126,200 5 $ Expansion Small Business Development Center $ 22,620 22,620 Kings Court Community Building Renovation 1$ 100,000 1 11 $ 120,000 I $ 120,000 Project Acquisition & Development Senior Housing & 1$ 157,3351 41 $ 157,335 I $ 157,335 Community Facility Employment by an Eligible CeDa TBO Capital Project Fund~ CbBG - Public Service I 11Sig Brother Big Sister of King and PlerceCountieslYouth Mentoring Project/Program 21Community Health Centers of King County. 4 ElderHealth NOr1hwest Connection Program 7 Federal Way Senior Center 8 Institute for Family Development. 9 Multi-Service Center 1010rion' 111 Unallocated 'Flmded with bOth COBG & HS.GF Revised: 8/3/2007 947 AM / ~ Primary Dental Care ElderHealth Northwest Connection Adult Day Health Care Adult Daycare PACT (Parents and Children Together) Emergency Feeding Program Rehabilitation Services TBO Total CDBG . Public Services $ 107,853 ~08 2007 Funding Level 'C - ~ .. u ;5 ~ 2008 0::: 10% Increase 14.648 2 $ 14,648 12,149 3 $ 12,149 12,000 1 $ 12,000 12,500 5 $ 12,500 13,949 4 $ 13,949 10,000 $ 10,000 10,731 6 $ 11 ,000 ~ 85,977 $ 87,434 83,005 43,470 426,430 2008 5% Increase 2008 2008 2008 Sell&> Reduct 10% Reduct 20% Reduct 10,000 $ 10,000 $ 11,043 10,000 $ 10,000 $ 11 043 Must be funded by HS.GF at 2007 level to be eligible for 2008 , COBG funds 10,000 $ 10,000 $ 11,043 12,500 $ 11,892 $ 11,044 13,094 $ 10,000 $ 11,044 Must be funded by HS-GF at 2007 level to be eligible for 2008 COBG funds 10,000 $ 10,000 $ 10,000 10,731 $ 10.731 $ If 20% cut required, under $10,000 minimum $5,217 redistributed evenlv to reduced aaencies $ $ 76,325 $ 72,623 $ 65,217 83,005 29,399 412,359 14.402 12,149 10,000 12,500 13,949 10,000 10,731 83.731 2008 5% Reduct 2008 10% Reduct 2008 20% Reduct 22,620 $ 22,620 $ 22,620 120,000 $ 120,000 $ 120,000 157,335 $ 144,521 $ 116,379 83,005 $ 83,005 $ 83,005 - 1,257 I 384,217 $ 370,146 $ 342,004 July 23, 2007 Estimates Constructionl Non.Constructionl Regional Alternate Project 3: If higher priority projects not feasible and/or counted toward FW stand alone projects and FW able to fund a stand alone construction project. (Maximum award $85,248) Alternate Project 1: 2nd pnority for stand alone non-construction project Funding contingent upon MSC project not being counted by KC as a FW stand alone project andlor KC alloWing the 2007 CDSG project to be extended through 2008 without it counting as a stand alone project 1st Priority for a stand alone Construction Project Additional funding for the addition of a generator so that the facility may be used as a shelter for Kings Court & Evergreen Court in an emergency. Alternate Project 2: Acquisition of property for Housing and Community Facility Contingent upon award by King County of Consortium COBG andlor HOME funds 1 st priority for Stand alone non-construction proJect. Anticipates 2007 project carrying into the 1 st qtr & possibly 2nCl qtr of 2008 due to HUD deJayinQ proiect implementation. UnaJlocated funds may be added to CDBG/HOME projects with future recommendation bv the HSC and CounCil action HSC Adopted 072307 Prelim 2008 CO G Projects Funded XlS :? \ cA 8/2120072:51 PM City of Federal Way CDBG Funds Available for 2008 Allocation: Share of 2008 Entitlement Grant Allocation: Possible Increase/Reduction by Congress Program Incorrie . July 07 Estimate Sub- Total Recapture. Sept Estimate Total County Admin 10% P&A + 2% Capital Admin Housing Stability Program 5% Housing Repair Program 25% Allocation Remaing after set-asides Total Available Portion allowable for Public Services Portion allowable for Planning/Administration Remaining for Capital Comparison 2007 to 2008 Estimates Available after set asides Portion allowable for Public Services Portion allowable for Planning/Administration Remaining for Capital Draft. Estimated 2008 CDBG Allocations by Category Based on 2007 Allocations and July 2007 King County Estimates 2008 2008 2008 2008 2008 Allocation 2008 Allocation Allocation Allocation Allocation 10% Allocation No 5% 10% 20% Increase 5% Increase Reduction Reduction Reduction Reduction 2008 Allocation 30% Reduction $426,430 $412,359 $384,217 $370,146 $342,004 $313,862 2007 Final 2008 Estimate ..... $564;9'1$, ,: .,.$$~lJ;345 $85,977 $80,028 ..; '$&~i~17;i:;:i;~~P[(l~S $382,959 $398,289 . Recaptured Estimates July 23, 2007 Unallocated 2007 P&A C06375 MSC Employee Dev Svcs C06578 Klahanee Repayment C944376/C95376 SKC First Homes Project Recaptured Housing Repair Funds Attachment 2 $0 $8,050 $10,983 $26,868 $8.700 $39,579 $94,180 DRAFT 07/23/07 Attachment 3 2008 CDBG ALLOCA liONS PROCESS Funding Conditions for Capital Projects and Public Service Projects All 2008 COSG Projects 1. All CDSG projects are subject to the federal environmental review requirements of the National Environmental Policy Act (NEPA) as of the date of submittal of application. An environmental review of Federal Way-awarded CDSG projects must be completed by King County before contracts will be executed. Costs of the NEPA review will be charged to the CDSG project 2. All projects must comply with Community Development Block Grant Program Regulations (24 CFR Part 570) and applicable King County Consortium policies as outlined in the King County Consortium Consolidated Housing & Community Development Plan for 2005-2009, as amended. 3. All CDSG projects shall comply with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now exist or hereafter adopted or amended including land use and/or building permit requirements and processes. Federal Way 2008 COSG Capital Projects All 2008 COSG Capital Proiects 1. Federal Way 2008 CDBG Capital Projects will contract with the King County Department of Community and Human Services unless otherwise notified. 2. Federal Way 2008 CDBG Capital Projects must be completed within 17 months from the beginning of the program year that funds are awarded unless an earlier date is stated below and/or the Joint Recommendation Committee extends the project with input from the City of Federal Way.' This policy may be amended by the Joint Recommendation Committee. 3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("URN) and/or Section 104(d) of the Housing and Community Development Act of 1974, as amended ("Barney Frank Amendment") that are triggered by any project must be included in the budget. Relocation requirements must be coordinated and verified with King County Relocation Specialist. 4. Applicant must receive written notification from King County Community Services Division staff verifying that environmental review is complete before any "choice limiting activities" are taken. King County staff must be notified by the applicant if any changes are made to the scope of the project since the 2008 CDSG application was submitted. 5. CDBG capital awards over $25,000 are structured as a zero interest forgivable loan for a set number of years depending on the amount of CDSG funds received and the type of Page 1 of 6 \'\--1 DRAFT 07/23/07 Attachment 3 project. The property owner must be able and willing to secure the change of use restriction with a promissory note, deed of trust and any other required documents to King County. All security documents related to funded capital project activities must be submitted prior to the execution of a contract between the awarded agency and the County in order to incorporate these documents into the contractual agreement. Failure to execute security documents to the benefit of King County in a timely manner will result in the cancellation of CDSG awards. The following specific condition(s) address concerns that Staff and the Commission discussed as they reviewed the applications. King County Housing Authority - Kings Court Community Building Renovation Project: a) King County environmental review costs have been factored into the project cost. Estimated costs will be requested from King County. The City may choose to increase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level if they are higher than budgeted. b) Final estimates for installation of the generator must be approved and the generator must be an integral part of the building (not portable) to receive CDSG funding. c) Commitment of $140,000 of King County Housing Authority funds must be utilized prior to CDSG funds being utilized. Multi-Service Center - Employee Development Services Project: a) The final award amount may be adjusted based upon the amount of the 2007 CDSG award funds remaining that will be applied to the 2008 fund year. b) Service units and units of service may be adjusted based upon the amount of 2008 funding awarded and refinement of the program service and unit costs definitions. c) 2008 awards are contingent upon successful implementatjon of the Multi-Service Center's 2007 CDSG Contract for the Employee Development Program and progress as of the contract date. d) The Multi-Service Center will continue to insure that participants in the Employee Development Services Project are not receiving duplicative services from other agencies such as the Washington State Employment Security, the Department of Social and Health Services, and/or other programs. Clients eligible for similar employment services through another program will not be included in the project funded by the City of Federal Way. e) Services charged to this program must be offered in Federal Way to Federal Way residents. Page2of6 1\-1'0 DRAFT 07/23/07 Attachment 3 f) The Multi-Service Center will continue outreach to ensure that the program is offered to Federal Way residents that are currently under-employed to assist residents in progressing toward a family wage job. g) The Multi-Service Center will continue working with Federal Way employers to identify partnerships for job placements and training needs for program participants. h) Highline Community College - Small Business Development Center Project (Alternate Project 1): a) Alternate Project 1 as noted in the 2008 COBG Contingency Plan. b) Funding for 2008 is contingent upon the City of Federal Way allocating 2008 general funds to support the half-time FTE business advisor and allow the program to serve clients that are not COBG eligible through the mid-biennium budget adjustment process. c) The project must be under contract with King County for 2006/2007 COSG project and in compliance with contract and COSG regulations for additional COBG funds to be added to the project. d) The final award amount may be adjusted based upon the amount of COSG funds remaining in the project that will be applied to the 2008 fund year. e) Service units and units of service may be adjusted based upon the amount of 2008 funding awarded and refinement of the program service and unit costs definitions. f) Korean Women's Association - Acquisition & Development Senior Housing & Community Facility Project (Alternate Project 2): a) Alternate Project 2 as noted in the 2008 COBG Contingency Plan. b) King County HOME or King County Consortium COSG funds must be secured for the housing portion of the project for Federal Way COSG funds to be added as a non-stand alone project. c) King County Consortium COSG funds must be secured for the community facility portion of the project for Federal Way COSG funds to be added as a non-stand alone project. d) Eligible COBG costs up to the total request of $157,335 may be applied to the housing and/or community facility portion of the project if King County HOME and/or King County Consortium COSG funds are awarded to the project. e) Korean Women's Association committed $261,665 toward the housing portion of the project and $182,157 to the community facility portion of the project. This commitment level must Page 3 of 6 ~-Il DRAFT 07/23/07 Attachment 3 be maintained for Federal Way COBG funds to be utilized for the project. f) The project must clear NEPA environmental review by King County, or adoption of HUO NEPA environmental review if applicable, before any choice limiting activities, including acquiring the property, entering legally binding construction contracts, clearing/grading, etc., may commence. Failure to do so could result in the project becoming ineligible for Federal Way COBG funds. g) Applicant must receive written notification from King County Community Services ~ivision staff verifying that environmental review is complete before any "choice limiting activities" are taken. h) King County NEPA environmental review costs have not been factored into the project cost. Estimated costs will be requested from King County. The City may choose to increase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level. i) No Federal Way COBG funds will be allocated until all funding is committed for acquisition and HUO 202 or other funding equivalent to the proposed HUO 202 funding is secured. The applicant must submit documentation that the operation of the project is feasible to serve low-income seniors if HUO 202 funding is not secured. This funding must be secured with approved documentation by March of 2008 for the project to be funded by a Federal Way 2008 COBG award. The project may reapply in future funding rounds for consideration. Boys & Girls Clubs of King County - Federal Way Boys & Girls Club Classroom Expansion Project: a) Alternate Project 3 as noted in the 2008 COBG Contingency Plan. b) King County environmental review costs have been factored into the project cost. Estimated costs will be requested from King County. The City may choose to increase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level if they are higher than budgeted. c) Final estimates for installation of the generator must be approved and the generator must be an integral part of the building (not portable) to receive COBG funding. d) Commitment of $7,000 of Boys & Girls Clubs of King County funds and an additional $33,952 of funding to must be utilized prior to COBG funds being utilized. Page 4 of 6 1\ - \ 2- DRAFT 07/23/07 Attachment 3 Federal Way 2008 CDBG Public Service Projects All 2008 CDSG Public Service Proiects 1. If funded, service units and units of service may be adjusted based upon the amount of funding and refinement of the program service and unit costs definitions. 2. 2008 awards are contingent upon successful completion of each agency's 2007 CDSG Contract for public service. 3. 2007 awards will be continued in 2008 subject to availability of funds and agency performance in 2007. The CDSG Contingency Plan will be implemented should funding increase or decrease. The following specific condition(s) address concerns that Staff and the Commission discussed as they reviewed the applications. Big Brothers Big Sisters of King and Pierce Counties - Federal Way Mentoring Program No specific conditions. Community Health Centers of King County - Federal Way Dental Access a) Federal Way Dental Access Program funding is contingent upon the Federal Way Dental Access Program receiving funding from Federal Way's 2008 Human Services General Fund for a minimum of $15,900. b) Funds awarded, as part of Federal Way's 2008 CDSG program, must be used to provide additional units of service above that provided by a 2008 Federal Way Human Services General Fund award. ElderHealth - Connection Adult Health Care No specific conditions. Multi-Service Center - Federal Way Emergency Feeding Program a) Funds awarded, as part of Federal Way's 2008 CDSG program, must be used to provide additional units of service above that provided by any 2008 Federal Way Human Services General Fund award. A"I~ Page 5 of 6 DRAFT 07/23/07 Attachment 3 Federal Way Senior Center - Adult Day Care a) The Agency will continue to participate in the Organizational Capacity Building Pilot Program and make satisfactory progress (as determined by the Human Services Division Manager) on the goals identified at the May 16, 2006, Board Retreat. Institute for Family Development - PACT (Parents and Children Together) a) Institute for Family Development - PACT funding is contingent upon the PACT Program receiving funding for Federal Way's 2008 Human Services General Fund for a minimum of $3,000. b) Funds awarded, as part of Federal Way's 2008 CDBG program, must be used to provide additional units of service above that provided by a Federal Way 2008 Human Services General Fund award. t\ - } Lj Page 6 of 6 DRAFT 07/23/07 Attachment 4 CITY OF FEDERAL WAY 2008 CDSG CONTINGENCY PLAN The allocation process for 2008 Community Development Block Grant (COBG) funds is based upon an estimate of Federal Way's 2008 CDBG funds. The City will not know its exact grant amount until after Congress passes the HUO Appropriation Bill. This is expected to occur between the fall of 2007 and spring of 2008. Because the final COBG appropriation is not known, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount and/or any additional funds received as the result of project cancellations or additional recaptured funds. 2008 COBG Capital Projects: The City's interlocal with King County for the distribution of CDBG funds limits Federal Way to a maximum of two new stand-alone capital projects per year with a maximum of one construction project that may trigger Davis Bacon annually. Capital funds not used for these projects may be allocated to sub-regional projects by the City unless returned by City to the sub-regional fund. Federal Way may add capital funds to projects funded by the King County COBG/HOME Consortium over and above the two project capital limitations. Since it is unknown at this time which projects will be funded by the King County CDBG/HOME Consortium for 2008 Capital projects, the following contingencies relate to the projects funded by Federal Way under the contract requirements: Funding Order of 2008 COBG Capital projects: 1. King County Housing Authority - Kings Court Community Building Renovation Project: Funded in the amount of $120,000 · Federal Way's first stand-alone construction project that triggers Davis-Bacon. 2. Multi-Service Center - Employment by an Eligible CSDO Project: Funded in the amount of $83,005 contingent upon: · Sub-regional project if funded by the COSG Consortium to which Federal Way may add COBG funds or otherwise not counted as a stand-alone Federal Way project by King County. · Federal Way's second stand-alone project that does not trigger Davis-Bacon if not funded by the CDSG Consortium. 3. Highline Community College - Small Business Development Center (Alternate Project 1): Funded in the amount of $22,620 contingent upon: · Sub-regional project if funded by the CDBG Consortium to which Federal Way may add CDSG funds or otherwise not counted as a stand-alone Federal Way project by King County; or, · The Multi-Service Center being funded as a sub-regional project by the COSG Consortium or otherwise not being counted as Federal Way's second stand-alone project; then, · Second Federal Way stand-alone project that does not trigger Davis-Bacon if above met. 4. Korean Women's Association - Acquisition & Development Senior Housing & Community Facility (Alternate Project 2): Funded in tbe amount of $157,335 contingent upon: · Sub-regional project if funded by the COBG/HOME Consortium to which Federal Way may add CDBG funds or otherwise not counted as a stand-alone Federal Way project by King County; or, · Any of the above capital projects not being feasible and/or being funded as sub-regional projects resulting in only one Federal Way stand-alone capital project that does not trigger Davis-Bacon being funded; then, · Second Federal Way stand-alone project that does not trigger Davis-Bacon if above met. Page 1 of3 };,.lS DRAFT 07/23/07 Attachment 4 CITY OF FEDERAL WAY 2008 CDSG CONTINGENCY PLAN 5. Boys & Girls Clubs of King County - Federal Way Boys & Girls Club Classroom Expansion (Alternate Project 3): Funded in the amount of $85,248 contingent upon: · The above capital projects not being feasible and/or being funded as sub-regional projects resulting in only one Federal Way stand-alone capital project that does not trigger Davis- Bacon being funded; then, . Second Federal Way stand-alone project that does trigger Davis-Bacon if above met. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects -- The City will apply any increase in the amount of CDBG capital funds as follows: 1. If additional capital funds are received, funds will be added to 2008 capital projects up to the full request. Projects to be determined based upon determination of sub-regional capital projects and City of Federal Way stand-alone projects in the above priority order. 2. If additional capital funds are received, open CDBG projects serving Federal Way residents that have been funded by the City of Federal Way and/or the King County COBG/HOME Consortium will be considered for funding. 3. Should no open projects be identified and/or the Council decides it is not in the best interest of Federal Way residents to add Federal Way COBG funds to the project(s), additional funds will be carried over to the 2009 COBG program year. Public Service Programs - The City will apply any increase in the amount of COBG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated to Orion Rehabilitation Services Program with additional service units required proportionate to funding up to $11,000 total funding; and, 2. If any additional public service funds become available after the first contingency is fully funded, the Human Services Commission will reconsider allocation of additional public service funds for recommendation to the City Council with public participation. Planning and Administration - The City will apply any increase in the amount of COBG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's CDBG program; and 2. Additional funds not needed for administration of Federal Way's COBG program will be applied toward the costs of additional planning activities consistent with the King County Consortium Consolidated Housing and Community Development Plan; and 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects - The City will decrease the amount of COBG funds allocated for capital projects as follows: 1. Any unallocated capital funds available will be decreased before reductions are made to specific projects. ~ -ilv Page 2 of3 DRAFT 07/23/07 Attachment 4 CITY OF FEDERAL WAY 2008 CDSG CONTINGENCY PLAN 2. The capital projects will be decreased in the following order based upon final funding: a. Boys & Girls Clubs of King County - Federal Way Boys & Girls Club Classroom Expansion b. Korean Women's Association - Acquisition & Development'Senior Housing & Community Facility c. Highline Community College - Small Business Development Center d. Multi-Service Center - Employment by an Eligible CBDO Project; e. King County Housing Authority - Kings Court Community Building Renovation Project Public Service Programs - The City will decrease the amount of CDBG funds allocated for public service programs as follows: 1. Decreases will be made to public service programs in the following order: a. The ElderHealth Northwest Connection Program will be reduced until it reaches the $10,000 minimum funding level; and then, b. Big Brothers Big Sisters of King and Pierce Counties Mentoring Program will be reduced until it reaches the $10,000 minimum funding level; and then, c. Community Health Centers of King County will be reduced until it reaches the $10,000 minimum funding level; and then, d. The Institute for Family Development PACT Program will be reduced until it reaches the $10,000 minimum funding level; and then, e. Federal Way Senior Center Adult Daycare Program will be reduced until it reaches the $10,000 minimum funding level; and then, f. Orion Rehabilitation Services will be reduced until it reaches the $10,000 minimum funding level; and then, g. Orion Rehabilitation Services will be canceled and any further reduction will be taken from the $10,000 allocated to this program. Any remaining funds available for public services will be redistributed evenly to the reduced agencies above. Planning and Administration -- The City will decrease the amount of CDBG funds allocated for CDBG planning and administration as follows: 1. Funds for additional planning activities will be reduced first; then 2. Funding for CDBG administrative activities will be decreased. 1\ -11 Page 3 of3 . ~ CITY OF ~;;. Federal Way Attachment 5 MEMORANDUM July 16, 200~ Human Se&;le'SCommission Kelli O'Donnell, CDBG Coordinator 2008 Community Development Block Grant (CDBG) Planning and Administration Budget -- Staff Recommen~ation Introduction and Backaround As part of your funding recommendations to the City Council, the Commission will make a recommendation regarding the use of 2008 CDBG Planning and Administration funds. This memo includes: background information on how the CDBG Planning and Administration funds have been used in previous years and the staff recommendation for use of the 2008 CDBG Planning and Administration funds. DATE: TO: FROM: SUBJECT: The total estimated amount of Federal Way's CDBG program for 2008 as of July 2007, is $854,885. Of this, $88,028 is earmarked for planning and administration of the City's CDBG Program. The budget proposed by staff utilizes the full amount of estimated CDBG Planning and Administration funds available, which is consistent with past years. The estimated planning and administration funds available to Federal Way in 2008 have decreased by $5,951 from 2007. Funds available for planning and administration that. are not programmed will be added to Federal Way's CDBG Capital funds. Eliaible Uses of PI ann in a and Administration Funds Planning and Administration is one of three categories that the Department of Housing and Urban Development (CDBG) has deemed as an eligible use of CDBG funds. Eligible uses of Planning and Administration dollars include: personnel and related administrative costs used to administer the CDBG program, planning projects such as studies, analyses, data gathering and preparation of . written plans. and action items. Administrative costs include the cost of required legal ads, office supplies, and travel and training; The proposed use of the City's 2008 Planning and Administration Funds is consistent with the HUD eligibility guidelines. Proposed Use of 2008 COBG Planninaand Administration Funds The proposed 2008 budget is outlined below, with the 2006 Actual and 2007 Budget provided for comparison purposes. Below are the estimated costs and descriptions of each budget category. COBG Plannin and Administration Bud et Budget Category 2006 Actual 2007 Budget Proposed 2008 Personnel Costs $74,703 $80,159 $86,572 Program Operating Costs $ 2,805 $3,300 $2,500 Consultant and Purchased Services $ 231 $2,518 $0 Estimated Funds Available 2008 $80,028 ($9,044) (Shortfall) ~ ,\ (5. Budget Category Descriptions Personnel Costs - Includes the majority of the salary and benefits for the COSG Coordinator (1.0 FTE) and a small amount for Administrative Assistantffemporary hours. The 2008 Personnel Costs is for the COSG Coordinator salary and benefits estimating an 8% increase for increased benefit costs and possible COLA. Program Operating Costs - Includes legal advertising, training, mileage reimbursement, equipment, and supplies necessary for administering the COSG program. Training funds for a portion of the Human Services Commission's annual retreat are also included in this amount when funds are available. Consultant and Purchased Services - Includes special project funds for consultant or purchased. services. In past years, these funds have been used for updates to the Human Services Comprehensive Plan, outcomes technical assistance to agencies, and development of the COSO/Human Services photo display board. No funds are anticipated to be available for consultant and purchased services in 200R Local/Consortium Strategy Addressed The proposed use of 20080SG Planning and Administration funds is consistent with the King County COSG Consolidated Plan and the City's Consolidated Plan and is an eligible activity in COSG Program Regulations at 24 CFR 570.205 and 570.206. Local Strategy: Continue to develop a comprehensive human service network at the local and regional level to more effectively address human service needs of Federal Way's low-income and special needs populations. (HSS4) Consortium Strategy: Community/Economic Development Goal 3: Human Services Agencies. Improve the ability of health and human service agencies to serve our low- to moderate-income residents effectively. and efficiently. Objective 1. Staff Recommendation Staff recommends using the full. amount of 2008 COSG Planning and Administration Funds available. ($80,028) for the administration of the City's CDSG program. Per the 2008 Contingency Plan, any increases would be utilized to fully fund the administration of the program. Any funding shortfall will be covered by 2007 salary savings in the Community Development budget. . Adoption of the 2008 planning and administration budget will be part of the Commission's final recommendation for the 2008 CDSG program. If you have any questions about the planning and administration budget, please call me at (253) 835-2653 or E-mail at kellio@fedway.org. . 'f\- \1 N.wspap~ liandlinll , VOLU~ 30, N~MIER~' I .iUl:r 18, 200r II Attachment 6 -' Congress Increases Housing, Transp.ort~tion Dollars. IN THIS ISSUE 6, Mike Wallau.and Lall. Wollad: Appropriations commitlees in ,the House and Senate approved their FY08 spending bills last week willi 'increased funding for bOllSing and transporlation programs, important to cities. The Committees are hoping to expedite congressioJia' p~l\lle,l)f.Jegular spending bills with a dwindlilig number of legislative days lea bCfore'the beginning of the fiscal year on September 30. ' ' The House Appropriations Committee approved funding Cor key ,"unicipal hous: ing and transportation programs in the FY08 1\"ansportation-Housing and Urban' Development Appropriations (fHUD) bill, but sent a strong message that the transpartatian auth.arizing commillee needed to. deal with an impending shortfall in federal surface lransportation <!ollan. The $104 billion measure rejects the Congress, frompqtl Appropriations Committee and hausing advocates. agree will. ensure thal no family thai eurrc;nt- Iy balds a voucher will lose iL . . Section 8 tenant-based vouch- ers . are funded al $16.3 billion, $410 millian above FYUl. and $330 million ah9ve the President's requesL In addilio!l to. renewing approximately 1.9 million vouch- ers, funding is pravided Car around 4,000 new, target~d' vouchelS far lIie non'Clderly diJabled ,PoPula- tion and homllless vetera~ ' The commitiee noied that this is tbe fltSt'!imc:.in five yearsl\lat funding far niw, voucbers ':J1~s beeiJ praposed, arid the fust time the' DepartD.1ent of Hol!5ing and Ur~an De~lopmen.VDepar\lllCnt of Veterans ACtailS Supportive Hausing prl!gra!ll has been ~und- transportallOn ,and bousing Cunding by establishing a new interagency warking group ~o' coordinate transportation and bousing policies on the federal, state and local leveL 1)Je Aouse Committee responded to, th~ ~Is' oCloeaJ"leadets to increase Cund-' ing Cor tbe CoDO program with a $228 , mUlionincrease over the FYrn levet, pro- viding $4 biDion. That amount is $963 mil- lion above the Presidentis request.. The HOPB VI grant pragram for the revitalization of public hausing is funded at $120 million, $21 millian above FYCn. Housing pragrams for the elderly and dis- abled are level funded with FYCT1; at $734.5 'million for elderly and $236.6 mil. Jio,! Cortbe disabled. . The bill f!lnds Section 8 vouchers, which provide. housing rental assistance to low- income faJJ)i1ies, at a level. that the IC. pag' 6, colllmn 1 Adininistratioo's 'proposecJ cuts in tbe Comniunity Development Block Orant (CDDO)p~u.~hausing~ogmmsfoi the elderly and disabled, aviation pra- grams for smaD c:ommunities and .Amtrak . passenger raiI,serVice.' ",.' , 'The Senale Appropriations' Coinmillee passed a similar FY08 1\"lUISportation- 'Housing :,ao"'. 'Urban. Devclopm~nt Appropriations bill last ThulSday. .,' The While Hause bas threatened to veto spending bills, such as these, tbat exceed President Bush" requcsL Housing Infrastructure anrj Support The House mUD blU provides fund- ing incrCl\Scs sougbt by' cities for several hausing aild' community ,development pra- grams aaC( yealS af gradual reductions. The biD also creates new links ~tween cd sinc;C 1992. , Section 8 project-based vouch- ers are funded at $~ billion, $SOJ million above the FYCT1 level and $667 miUion 'above the , Administration's request The Cunding will provide affardablt housing 10 1.3 million low- and , very law-income ,families, about two-thirds of which are dderly or disabled. The committee also decided to reject the Administration's requesttbat funding for,the Rural Housing and ,Economic Developme.nt program ,~,c:liml- nated. Instead, die bill ,provides level funding with FYu" i.t,$16.8 !JIitIi9ll." " ' Transportation and Infrastructure In t/le' House. bill, federal tran$p9rtation ,prograll!s ,woul~ befun~c(,l. &,bove 20W levels and, most would exceed the levels ree- .ommcnded by the President i,o his propoSed ~,budget request to Congress. Higbwayand transi.t programs would be funded at levels author- ized by the Sate, AC:COUD~ble, Flexible, Bfficient 'fianspottation Bquity Act: A Legacy for Users (SAFBTBA-LU), the federal surface transportation legislation. Higbway programs wauld receive $40.2 billion and transit programs would be funded at $9.7 billion, $300 million a!>ove ~e President's request ' The I'IPl,I$e:Appropriations Commltlee 'a~o iejected pro- posed, cuts in airpOrt and passeD- 'ge1 tail programs, pro:viding $3.6 blllioil far the grants \0 municiPal alqXt11s, $1.4, billion lor Amtrak. and $50 mil!ion (or Intercity p~ senger rail matChing grants, $SO million below ,tbe ,Presldelll's request. . , The bill' also provides $3S miJ.. lion for a new initiative to .relO- cate local raU lines thllt. cre~te. problems for safety, nolle an.d cconODlIc, de~lopmenL . For small communities impacted by the loss oC commer- cial. ait service, the House biD Would increase funding to $110 millinn .far the Bssential Air Service 'program and YiOuld extend the Small Community Air Service Development Program, slated by the Administration to be eliminated in 2008. " ' cQni!Dittee leaders .had same strong ,words. for, the . House nan~portat~9n . 'and .Infrastructure Committee, the carilmiUee . that '.'authored S~FBTEA-LU, f(jl- ,authorizing (unds over the Ilfe of the blll.that Illay na(be avai~ble. eornmitleeinembers also , ~xpressed frustration over '!tanle partation earmllrks .including in '. ~LC:~~~~~~;~..~~l}~-?~~'f: fQiln.d~~loli~DQ\I~cep~rtiie'r:' ' , ,'~:~~~;::.:;{;z~~~r:~~!I:,~..;:. 'N::t~~~~~:~:~~~~~~nn:r:' , . Ne",Orle~ garnedn.g prllille,;: Crom r~Cj:ntcoll~enl;!:.ttAA- d~es, [ldge4. . Discovering crel!tivity througb niusic, Jj$lenin~ lIri~i:re~d9.in, pagd.' . Tawns'recQgniz(:d for ciyil awareness from CoI(jradoleaglle, page 7. SAFBTBA-LU tbat bave focused so much negative alten- tiO!! an Congressional earmuks. Sen.ate Action Details of the Senate FY08 1ransportation-Housing arid Urban Development Appropriations bill were 'not . available as Nation" C/liu' Weekly went to press. Hawever, tbe Senate Commillee did reject many of the same cuts recom- mended by the Administratian that the House rejected, includ- ing euts to CDBO, the HOPS VI program, Amtr.ak and aviation and transit pragrams. Botb apprapriations bills must be pasSed by the Cullllouse and Senate., HOUSe leadelS hope ,to. bring the'billta the Culll::louse the week af July 23. There Is no schedule lor tlie bill in the Senate as af pr~ tln!e: ~;zu , . CLASSIFIEDS AND PROFESSIONAL DIRECTORY, , ' Classified Rate Schedule Rales: '$12.00 ~r line for nrint and Weekly@nlc:org 10 Ihe aU.nliGn of Laura Thrn~r. Positions ASSISTANT DIRECTOR OF HUMAN, RESOURCES/RISK MANAqEMENn Oty 01 Dalla:!, Texas. Please 'submit resumes al 'wlI'w.walersconsultlng.com/recrult CITY ' ADMINISTRATOR: Monmouth, III. Population 9,841. Requires BSlBA in PuhliclBusinesi A<!mlnlslratilln/relaled field. MS/MA preferred. Five 10 seven leader and erteclive manager 10 t ovelSee a full time slaa of 40 and a _) general Cund budgel of $4.2 million.5- The new Oly Manager shou~ pas- lIeS" sllong interpersonal skills in 2001 COBG publiC $el"'lice projects cOlAlAUll11'l 01O'lELOPlAEIl1 BLOCK GRAIl1 C\\'l MM-tJ:o.GE.O PROJE.CTS ~cli'\t'i sum,!!!'" Repe" for the period End\n~ Jon< 30, 2001 - performance Measure J:o.nnua\ % of J:o.nnua\ Goa\ '(1'0 Goa\ 2007 Grant J:o. 'liard \n'lOiced to Qate paid to oate program oesc~tion - - 2007 program "o",-Se"'\cO center - ErnerOenC'i Feed'no \JndUp\icated persons Jl.,Ssisted pounds of diapers/food pro\Jided \ ~O,OOO . 5,e64.~6 ' 5,000 400~ 6160~GO'\ ",et ~566 262.4 Goa\ Met 1 \ ~2,~49 \ 6,075 pending KC \n'l J:o.'IIard 6a\ance % of J:o.'IIard paid 50% 5,000 Q% ~2,~49 COUNCIL MEETING DATE: Not Applicable ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Capacity Partnership Program - Status Report (Information Item Only) POLICY QUESTION: Not Applicable. COMMITTEE: PRHSPS MEETING DATE: 08/14/07 CA TEGORY: o Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other _~!~~~_~~_~2~!_~X:_~g~!il1_~~II~!1:=Mpyi~i,_tI':lIE~_I1_~~r:yi~~~M~_I1~g~E DEPT: Community Development I~~~~~~~~<:LM~IE~_~~p!~il1~_!~~P':lrp~~~?r!~~!l1f<:>!JE~!~<:>!:l_~!~_IE: STAFF RECOMMENDATION: Not applicable. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: Not Applicable Linda Kochmar, Member Jeanne Burbidge, Chair Jim Ferrell, Member PROPOSED COUNCIL MOTION: Not Applicable (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # B-\ CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Subject: August 1, 2007 ~ Angelina Allen-Mpyisi, Human Services Manager Cary Roe, Assistant City Manager ~ . Kathy McClung, Director Community Development Services rLlc...-- Capacity Partnership Program - Status Report Date: From: Via: Representatives from the Federal Way Community Caregiving Network (FWCCN) and the Federal Way Senior Center (FWSC) will be on hand to share with you their organization's accomplishments as part of their involvement through the Capacity Partnership Program (formerly known as the Organizational Capacity Building Pilot Program). Attached for your review is a copy of the FWCCN interim report and the FWSC final report. After reviewing the reports if you have any questions prior to the meeting, I can be reached at (253) 835-2650 or by email atanqelina.allenmpvisi@citvoffederalwaV.com. 13-'2- Federal Way Community Caregiving Network Interim Report on Progress on Board-approved Capacity-building Goals prepared June 25, 2007 as part of the Capacity-buildjng Project funded by the City of Federal Way Elizabeth M. Heath, Project Consultant This report is based on the project goals identified and prioritized by the Board of Directors of the Federal Way Community caregiving Network at their board retreat on Saturday, February 17,2007. It represents the Board's input in May 2007, and the Project Consultant's observation of progress made on the goals. The chart below depicts the areas where progress has and hasn't been made on the goals established by the board for the project. Following is a narrative description ofthe interim assessment of progress on those goals. Federal Way Community Caregiving Network Interim Report 100.0% -- .~~~...u~._u._.~._..._.___ 90.0% 81.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Board of Directors Community Relationships Operational Planning Financial Management [Dark column = Initial rating; Light column = Interim rating] B-3 First it must be acknowledged that the board of the Federal Way Community caregiving Network engaged in extensive and in-depth deliberation about the future structure of their organization. These deliberations occurred in three different sessions in November and December 2006. The result was a well-thought-out conclusion to restructure and divide the leadership of the organization into two groups, a governing board and an operations group. Board members were given the choice of group on which they wished to serve, and some cross- membership was set up. If the FWccN had done nothing more than make this decision, they would have made significant and sufficient'progress in the Capacity project to warrant the investment. This choice is a major sustainability factor and provides the foundation for the organization to move forward successfully. After the major structural decision was made, the planning retreat was held at which four goals were identified. 1. The Bylaws need revision, 0&0 insurance needs to be obtained; Board job descriptions need to be written; Board recruitment & orientation must take place Both the Articles of Incorporation and the Bylaws have been revised extensively. In addition, policies have been established, and job descriptions written for board members and board officers. D&O insurance has been authorized, and board recruitment plans are being implemented with the goal of adding three new members. 2. Communication about restructuring must take place. Materials have been prepared communicating the change in the structure, and information has been included in the organization's newsletter 3. Creation of a governing board. As noted above, this has been accomplished in that current board members have self- identified as members of the governing board. They are: Willa Gaines, Pat Henderson, Doug Johnson and Bonnie Orvis. Discussions continue about the roles ofthe governing board and how they can most effectively be fulfilled. 4. Financial management and reporting is to be improved. As one board member said, this is "much better than when we started." The Treasurer is working diligently to set up a new accounting system and he has participated in training to increase his skills. A Treasurer for the governing board must still be identified, and strategies for separation of duties developed. Conclusion As noted on the chart, progress has been made on all but one of the capacity assessment categories. There is, of course, much more to be done in governance development and financial management, but the Federal Way Community caregiving Network is well on the way to realizing the goals it developed for its capacity building work. B - l..f Federal Way Senior Center Capacity Project Final Report prepared by Elizabeth M. Heath The Nonprofit Center June 2007 '8--5 Federal Way Senior Center Capacity Project Final Report Introduction This report will summarize the activities undertaken by the Board and Staff of the Federal Way Senior Center during its year-long participation in The Capacity Partnership, a program of the Cities of Federal Way, Tukwila and Burien, Washington. The Center was one of the initial participants in the project and was selected by the City of Federal Way because of the essential nature of services provided. The Center is an independent tax-exempt organization [501(c)(3)] which is located in a facility owned by the Lakeland Community Center and provided to the Center at essentially no cost. Several factors stimulated the Center's participation in the capacity project including.a fragile financial state and the possible retirement ofthe long-time Board President and volunteer Executive Director, Harry Schreiber. Initial Assessment The capacity project starts with an initial assessment of the participating organization by both the board members and the consultant. Each board member was asked to complete a confidential questionnaire, and the consultant does the same, based on observations, interviews and review of materials provided by the agency. The following graph depicts the ratings of each of the assessment categories done by the board (light bar) and by the consultant (dark bar). B... lp 2 Federal Way Senior Center Initial Capacity Analysis 20.0% 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 10.0% 0.0% "'" if>q'" ~~ ~~ <s-<fr- #' ...c.f q,~ S. qf ",-0 ~ l> <f' G' ~ qf J!'~ Jf' ~f) ~~ crf ~o ~'" ~ 4P .!b# Gj'\ !-' ;;,.o~ ~:t>~ #~ ~l ,~ ~~ /' lo..oq ",,,, <:f {:-e IJ''' <f' ~~ ~.j> <<7 .#, ~~ '<.-#' If ~1>~ #~ ~'" ~~ ~" a Board . Consultant Initial Recommendations The following are the initial recommendations made by the consultant prior to the Board's planning retreat. The Board of the Federal Way Senior Center has a significant decision to make. It can let the organization continue on its current path which will lead to eventual demise. The financial, staffing and reporting practices are so marginal that funding, in the opinion of the consultant, could likely be withdrawn if improvements are not made. The Center fills a significant need in its community. For this reason it makes sense for the Board of Directors to lead the organization to a more stable, sustainable structure. It will require much work, and it will take time. But the end result will be a Center that is thriving and able to provide critical services to the seniors ofthe Federal Way/South King County region. Therefore, the primary recommendation is that the Board deliberate this choice thoroughly, identifying the resources and changes needed and detennining if there is the will and ability to move forward. If the decision is positive, the Board will then need to develop a plan for transforming the Center. B-l 3 Board Retreat Shortly after the presentation of the initial capacity assessment, the Center Board gathered for a planning retreat to determine their goals for the project. The retreat was a combination of training in nonprofit governance responsibilities and development of goals. (The full retreat report can be found in Appendix A to this report.) The project goals established by the Board (with members responsible) at their retreat were: I. Improve funding for the Center (Jim, Mary, Ann, Fran, Max) c Identify ways to raise money c Focus on raising money to assure administrative and grantwriting staff/contractors II. Improve accountability ofthe Center (Pete, Glen, Leonard, Dave) c Improve financial reports c Set up process for accounting for goods received and distributed III. Promote the Center in the Community (no task group identified) IV. Expand the Board of Directors (no task group identified) Project Implementation There was a not-surprising amount of resistance and lack of follow-through during the initial part of the project. The accountability goal was rightly determined to be the most critical, and there was much dissent about making changes. The project Interim Report (see Appendix B) stated in its summary: Very little work has been accomplished by the Federal Way Senior Center board during this capacity-building project. The members have learned to defer to the President and volunteer Executive Director, Harry Schreiber, and appear to take no action on their own. It is imperative that the board members recognize and begin to fulfill their legal responsibilities for leadership and the future of the Federal Way Senior Center. It is critical to note that near the mid-point of the project the Board of Directors made the decision act on \3-8 4 the consultant's recommendation to hire an Interim Executive Director. This was recommended as a first step toward having a permanent Executive Director on staff (as a paid professional rather than a volunteer). It was a highly significant decision by the Board and represented the turning point in the organization's movement toward sustainability. Kit Evans was selected as Interim Executive Director, and, during her tenure, she assisted the board in starting to develop credible financial reporting systems, putting essential policies in place and guiding the process for hiring a permanent Executive Director. Throughout the project board members continued to struggle with implementing what they knew were essential changes in Center operations. Most critical among these was the need to account for donated food and to assure equitable distribution of that food. Human nature being what it is, people coming to the Center were resistant to the changes, and there were a number of unpleasant instances. The board is to be commended for sticking to the goals of accountability and fair distribution, and the result is that the changes have generally been accepted. In the spring, with the retirement of Hany Schreiber looming in the near future, a permanent Executive Director, Nathan Brown, was hired by the Board of Directors. They made an excellent choice, and Mr. Brown has been very successful in guiding the board and the organization in a positive direction. Final Assessment The final assessment has been prepared in two parts - measurement of achievement on board-established goals and changes in the overall organization as measured by the capacity questionnaire. Board members were asked to complete the same capacity questionnaire that was used at the beginning of the project. Only four board members returned completed capacity questionnaires. Project Goals: Progress on the project goals established at the retreat has varied from goal to goal: I. Improve funding for the Center Jim has been diligent in learning about how similar organizations have gone about raising contributed dollars and has made some suggestions to the board which have not yet been implemented. 13'-1 5 A volunteer grantwriter has joined the team at the Center, and the Executive Director is also acti vel y seeking grant support to assure funding of Center staff and programs. II. Improve accountability of the Center (Pete, Glen, Leonard, Dave) Financial systems have been upgraded so that appropriate reports can be prepared for the board's review. This is a significant improvement which helps the board fulfill their legal responsibility for financial oversight. As noted above, new policies and practices have been put in place to account for food and other goods received and distributed. This will go a long way toward improving the Center's credibility with its donors and other funders. III. Promote the Center in the Community The arrival of the permanent Executive Director has been a fortuitous event in terms ofthe Center's visibility in the community. Mr. Brown's connections with the County alone have made a real difference. In addition, Mr. Schreiber has been generous in passing on his connections in the community, especially with organizations such as Kiwanis. IV. Expand the Board of Directors While the board did not make much progress on this goal during the project, recruitment activities were being discussed at the end and new board members are expected to join the group in the near future. Capacity Assessment On the following page are the charts showing the initial and final assessments for the full capacity questionnaire, placed together to show the changes that have occurred. (Reminder: light bar is the Board assessment; dark bar is the Consultant assessment.) B-to 6 Federal Way Senior Center Initial Capacity Analysis 20.0% 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 10.0% 0.0% ~~ i.fo, :<!-~ ...0/' <1.,1>'" G"~ ,c.o #~ #" Jl o.f'li ..../ # ill <d' ~/ ~" ~/ s'li ~v {:> .if ~/ ;..~I$' ~~O" <:{P <i:)<P ~~ SV # r# ~cf ~1>'" .q;. # <{~ !t,~ :p<f' ~$J If/!' <1.' ~~ <<,-JJ' '!l Board . Consultant Federal Way Senior Center Capacity Analysis Final Report 20.0% 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 10.0% 0.0% sf' i:>~'> l'" ~~o, ~ t>- t>- .,,<f:' ..J;>"'> t>- -t'<!' ~'" #' ~'" <>~'" ,,<> ...c.J' ;"'1>'" ff :-.o~ ~$ <<,1>0' ff ~ ;..~o ~o ~<1. "c.:; ~'I>~ <:f~ <d' ~1>~ 4~ ~'" ;:,0~'Ii ;SJ ~~ ~'l; #~ .~ f:-" f:-" <::>'" 10.'1> rP' ~v o<f ,,,, <{~1j OV rPv <l' 'Ic-{} # ~~ ~~ X' Board . Consultant 'b-l\ 7 It is interesting to look at how the ratings have changed from the initial to the final assessment when they are compared by rating group - the Board or the Consultant. lOO.O"'\' Board Capacity Assessment Ratings 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Board d Community Deltvery of Operati:mal Informatkm Anandal Resource Evatuatlon FacUiUes Human Directors Retatk>nshlps SeMce Planning Systems Management Oevek:lpment Resource Management 10lnOlalllAnall One might conclude from the above that the Board developed a greater understanding of nonprofit leadership and board responsibilities and therefore rated themselves lower at the end of the project than at the beginning based on that knowledge. 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Consultant Capacity Assessment Ratings Board of Community Delivery of Operational Information FlOanclaJ Resource Evaluation Facilities Human Oi'ectors Relationships Service Planning Systems Management Development Resource Management 100nillal mFinall B;- J 2- The following chart shows both the initial and final assessment scores and narratives. (Again, the scores shown are for Board/Consultant.) I. Board of Directors Initial Assessment Final Assessment 75.90/0/50.00/0 82.50/0/750/0 The Board of the Federal Way Senior Center During this project the board of directors has scored itself relatively high overall on the greatly improved its understanding of its role in characteristics relating to governance. governing the Federal Way Senior Center. While However, they recognized that several issues there is still a tendency to focus on operational exist. Low ratings were given in the following matters at board meetings, the board chair and the Executive Director provide a strong focus on board areas: responsibilities. 0 Understanding of roles and responsibilities Recommendations for the future are: 0 Orientation for new members 0 Assure that all new board members understand 0 Conflict of interest and ethics policies the board job description and are willing to fulfill the role. It has also been observed, contrary to board ratings, that the board structure is not well 0 Take advantage of governance training offered defined. Job descriptions are not in place and throughout the Puget Sound region so that committees do not appear to exist or be board members stay current on their roles and functioning. Minutes do not reveal deliberation responsibilities. on governance topics but, rather, on specific 0 Continue to improve meetings through the operational topics and activities for the Center. agenda and assure that all topics to be The board handbook submitted was simply a discussed are on the agenda. Assure that such items are sought out in advance of the meeting copy of another publication for which no and that the agenda is distributed before the citation was provided. For all these reasons, the meeting. consultant rating for this category was 0 Focus on recruitment of new board members, significantly lower than the board's. some of which should come from the community at large as opposed to the Center's membership base. B-J~ 9 II. Community Relationships Initial Assessment Final Assessment 85.20/0/66.00/0 73.30/0/670/0 This is the area receiving the highest score The Center, especially through the Executive from the Board of Directors with not one Director, has made significant progress in creating dissenting vote. The consultant rating is also greater visibility. For continued programmatic comparable. The question of community success, more partnerships with area service partnerships bears some exploration with providers and elected officials will be essential. respect to definition of an effective partnership, Recommendation: but good commitment to building such D Work with the City Council of Federal Way to partnerships exists. develop a working relationship between the Center and the City's new senior facility. III. Delivery of Service Initial Assessment 62.20/0/50% Here the board and consultant ratings are relatively close. It is certainly true that the needs of clients are kept in mind in delivering services. However, there are concerns about: o effective collection and utilization of customer feedback o equal delivery of services to all clients by all staff and volunteers o the strengths and capacity of staff and volunteers to deliver services Final Assessment 62.50/0/700/0 Much has been accomplished with the improvements made to the food distribution system. This work has consumed much attention during the project year and has been very difficult. The board must now turn its attention to other services that are or could be provided by the Center. Recommendations: D Assess the quality of existing services and make plans for improvement. D Partner with other service providers to explore expansion of the day care program at the Center. B-}~ 10 IV. Operational Plannjng Initial Assessment 42.60/0/00/0 In spite of requests for short and long term plans, none were received, so we are at a loss to understand why the board rated itself as having this capacity. There does not appear to be board involvement in developing plans or assessing progress on them. In fact, there appear to be no plans. For this reason, the consultant rating in this category is zero. V. Information Systems Final Assessment 730/0/58% It does not appear that the Center is making progress on board developed operational and/or strategic or long-term plans. There is a clear concern for improvement, however, so the foundation is in place for a solid planning effort. Recommendation: o Hold a board planning meeting to identify goals for the coming year. Initial Assessment Final Assessment 53.30/0/700/0 62.5%/90% The board clearly believes that the organization Computer upgrades and staff and volunteer has the ability to track and report client data, technology skills have clearly increased. Reports to yet review of a report to a funder demonstrated funders have improved as well. that there are concerns with this. While the The expectations for techology use are minimal for . Center has a number of computers for training the Center, but continued attention to accurate purposes, it is not clear that they are used in tracking of service data is essential. management activities, given the number of hand-written reports provided. The board. shares the consultant's concern for the capacity of record-keeping and the computer systems in place. VI. Financial Management 13-IS 11 Initial Assessment 69.40/0/570/0 The relatively comparable ratings by the board and the consultant on this topic underscore the fundamental concerns about the Center's financial management. While it appears to be true that the board does receive financial reports regularly and that they approve the budget for the year, these activities do not go deep enough. In the process of studying this characteristic, several issues were identified: o There is no record-keeping for donated food and goods, either for receipt or distribution of these items. o There is no balance sheet presented to the board as part of the regular reporting, making it impossible for the group to know their financial status. o There is no reserve fund, although there appear, from the Form 990, to be investments. Yet information could not be provided on these assets. o It is uncertain if the organization carries specific Directors' and Officers' Liability Insurance. o There may be improvements to be made in providing checks and balances for financial transactions (this has not been explored to date). Final Assessment 60.80/0/64.30/0 Financial oversight is one of the most critical responsibilities of nonprofit boards yet the Center board was hampered by the incomplete nature of the financial reports provided. Fortunately this situation has changed dramatically. Complete reports are now being presented to the board, and education in understanding their meaning is ongoing. The board is now in a position to make decisions for the future of the Center based on accurate knowledge of the financial situation. A check of the Secretary of State's website shows that the Senior Center still is not registered with the Charitable Solicitations Department, yet contributions continue to be sought. This is a violation of the law which needs to be corrected. Recommendations: o Continue formal and informal board training in financial oversight. o Maintain annual registration with the Charitable Solicitations Department of the Secretary of State's Office. 12 \?) ,- J lp o The Federal Way Senior Center does not appear to be registered with the Charitable Solicitations Department of the Secretary of State's Office yet fund raising activities are being conducted. If true, this is a violation of law. Because of significantly increased scrutiny of the financial systems and activities of nonprofits, the Center must make significant improvements to its financial management. Responsibility for assuring that this is done rests with the Board of Directors. VII. Resource Development Initial Assessment 51.60/0/42.80/0 There is a degree of recognition by the board that more should be done in the area of generating financial support. There is no development plan in place, and most of the fund raising effort seems to be focused on grant writing. The board will need to take a more active role in contributing support and in encouraging others to do so. Final Assessment 62.30/0/570/0 Not much improvement has been made in this area with the notable exception of improved and increased grantwriting. A planned effort must take place to begin generating contributions from individuals, both in the Center and in the community. This effort need not be focused on generating large amounts of money but rather on identifying people willing to provide support for the Center's services. Recommendations: o Prepare a board-led plan for generating individual contributions. o Assure that every board member make a financial contribution to the Center of whatever amount they can afford, even if it is just $1. 13 16-/, VIII. Evaluation Initial Assessment Final Assessment 70.40/0/500/0 54.30/0/830/0 While the Center does submit reports of While effective systems are in place to measure activities to funding sources, the quality of service delivery, the board still does not appear to those reports is lacking clarity and accuracy. be discussing them or the impact they have on the This is the underlying concern in the future of the Center. consultant's rating. The fact that the board Recommendation: evaluated this component rather high might 0 The Board should identify the indicators on indicate only cursory review of this service delivery that they need to see to assess information. Or perhaps no review at all. the organization's success. These indicators need to be tied to the plan the board will develop for the corning year. IX. Facilities Initial Assessment Final Assessment 77.80/0/880/0 There is no question in the minds of the board and the consultant that the facility is appropriate for the Center and its activities. There is a concern on both parts for security and for reserve funds for emergency repairs. 87.80/0/87.50/0 The facility continues to be appropriate for the Center's activities and the cleaning and improvements being made are making things even better. 13' I (S 14 X. Human Resource Management Initial Assessment Final Assessment 52.80/0/250/0 770/0/56% Again the board and consultant ratings are With the arrival of the Executive Director, much relatively consistent. Job descriptions were not has improved in this area. Job descriptions are provided, staff/volunteers do not have the being developed and staffing patterns are being context of an operational plan to guide their adjusted for better operations. work and training is limited. Furthennore, the The issues of dissention and poor working board does not appear to be taking the lead in relationships have been addressed by the board those areas where they have responsibility over the project period, and the board is to be (planning, assessment, fund raising, and congratulated for doing this difficult task. financial oversight). The plan recommended above will be a very There were also a number of reports of helpful guide for the work of the board and the staff in the future. dissention and/or poor working relationships among staff and volunteers. Further, there are familial relationships between staff and board members, and accusations of inappropriate behavior (lack of cleanliness, inappropriate language, favoritism). Conclusion The Federal Way Senior Center has changed dramatically during the capacity project. At the outset the board was a group of well-meaning people unaware of their true responsibilities, so they spent their time on operational issues and personality differences. The organization was held together by a strong Board President to whom everyone deferred, leading to unintended financial and operational problems. The board is to be congratulated for its hard work in changing this situation. It and the organization it leads, are much more effective, accountable and responsible. Margaret Mead said, "Never doubt that a small, group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." The Federal Way Senior Center Board of Directors is such a group. You are encouraged to expand your knowledge and experience in nonprofit governance so that you can continue to change your part of the world and the lives of the seniors in it. \3- li 15 This checklist is provided for the Board's use as it moves forward in continue to improve Center success. Recommendation Assigned Date Date to Assigned Compl. Assure that all new board members understand the board job description and are willing to fulfill the role. Take advantage of governance training offered throughout the Puget Sound region so that board members stay current on their roles and responsibilities. Continue to improve meetings through the agenda and assure that all topics to be discussed are on the agenda. Assure that such items are sought out in advance of the meeting and that the agenda is distributed before the meeting. Focus on recruitment of new board members, some of which should come from the community at large as opposed to the Center's membership base. Work with the City Council of Federal Way to develop a working relationship between the Center and the City's new senior facility. Assess the quality of existing services and make plans for improvement. Partner with other service providers to explore expansion of the day care program at the Center. Hold a board planning meeting to identify goals for the corning year. Continue formal and informal board training in financial oversight. Maintain annual registration with the Charitable Solicitations Department ofthe Secretary of State's Office. Prepare a board-led plan for generating individual contributions. Assure that every board member make a financial contribution to the Center of whatever amount they can afford, even ifit isjust $1. The Board should identify the indicators on service delivery that they need to see to assess the organization's success. These indicators need to be tied to the plan the board will develop for the corning year. \3-Z-U 16 Appendix A Federal Way Senior Center Capacity Analysis Report Tuesday, April 18, 2006 Introduction Below is a summary of the assessment conducted for the Federal Way Senior Center as part of the Capacity Building Project funded by the City of Federal Way. The assessment consisted of a confidential questionnaire completed by board members and analyzed by the consultant. It also included a review of documents and conversations with the President by the consultant. This is the first step in the process. After discussion of the report, the Board of the Senior Center will hold a planning retreat to identify the steps they wish to take toward improved capacity to serve. That retreat is expected to be held in May 2006 This graph depicts the ratings of each of the assessment categories done by the board (solid line) and by the consultant (dashed line). Each of the categories is discussed in detail below with the ratings shown in parentheses (Board/Consultant). Federal Way Senior Center Capacity Analysis 90.0% 100.0% ---.------.-----.--.---- ---.-..---.- -------- 80.0% 70.0% ,60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% o~ ()' (;)~'" d- l~ qp~ . !> ~'l. ;:$><:- ~l .:<!.<<' ~'"" ~~ (,0 ~~'" ~<1' ~o ~e; <;f' i'>~ ~"/)~ ~q .o<fl' "/}<S 0<1 ~ ~'" ~ ~"/}<fl' i.>~ 1>~ <i.{;' ~" ",,,, "...e; ~o<:- ~o\~ ...<:- ~ ~'" :..o'l. ",'" <;f' ",'" s: ,,0 ~'" ~<f' 1f~"/} <,;- ",,,,17 ~ <J' ~'" '<~ p,'" ~"/}<fl' ",'" 0.$ ",e; !;-<<' ~." ~v B-- 2-1 17 I. Board of Directors (780/0/500/0) The Board of the Federal Way Senior Center scored itself relatively high overall on the characteristics relating to governance. However, they recognized that several issues exist. Low ratings were given in the following areas: o Understanding of roles and responsibilities o Orientation for new members o Conflict of interest and ethics policies It has also been observed, contrary to board ratings, that the board structure is not well defined. Job descriptions are not in place and committees do not appear to exist or be functioning. Minutes do not reveal deliberation on governance topics but, rather, on specific operational topics and activities for the Center. The board handbook submitted was simply a copy of another publication for which no citation was provided. For all these reasons, the consultant rating for this category was significantly lower than the board's. II. Community Relationships (850/0/660/0) This is the area receiving the highest score from the Board of Directors with not one dissenting vote. The consultant rating is also comparable. The question of community partnerships bears some exploration with respect to definition of an effective partnership, but good commitment to building such partnerships exists. III. Delivery of Service (620/0/500/0) Here the board and consultant ratings are relatively close. It is certainly true that the needs of clients are kept in mind in delivering services. However, there are concerns about: o effective collection and utilization of customer feedback o equal delivery of services to all clients by all staff and volunteers the strengths and capacity of staff and volunteers to deliver services o IV. Operational Planning (430/0/0) In spite of requests for short and long term plans, none were received, so we are at a loss to understand why the board rated itself as having this capacity. There does not appear to be board involvement in developing plans or assessing progress on them. In fact, there appear to be no plans. For this reason, the consultant rating in this category is zero. B-2-2- 18 V. Information Systems (530/0/700/0) The board clearly believes that the organization has the ability to track and report client data, yet review of a report to a funder demonstrated that there are concerns with this. While the Center has a number of computers for training purposes, it is not clear that they are used in management activities, given the number of hand-written reports provided. The board shares the consultant's concern for the capacity of record-keeping and the computer systems in place. VI. Financial Management (690/0/570/0) The relatively comparable ratings by the board and the consultant on this topic underscore the fundamental concerns about the Center's financial management. While it appears to be true that the board does receive financial reports regularly and that they approve the budget for the year, these activities do not go deep enough. In the process of studying this characteristic, several issues were identified: o There is no record-keeping for donated food and goods, either for receipt or distribution of these items. o There is no balance sheet presented to the board as part of the regular reporting, making it impossible for the group to know their financial status. o There is no reserve fund, although there appear, from the Form 990, to be investments. Yet information could not be provided on these assets. o It is uncertain if the organization carries specific Directors' and Officers' Liability Insurance. o There may be improvements to be made in providing checks and balances for financial transactions (this has not been explored to date). o The Federal Way Senior Center does not appear to be registered with the Charitable Solicitations Department of the Secretary of State's Office yet fund raising activities are being conducted. If true, this is a violation of law. Because of significantly increased scrutiny of the financial systems and activities of nonprofits, the Center must make significant improvements to its financial management. Responsibility for assuring that this is done rests with the Board of Directors. VII. Resource Development (520/0/430/0) Ther is a degree of recognition by the board that more should be done in the area of generating financial support. There is no development plan in place, and most of the fund raising effort seems to be focused on grant writing. The board will need to take a more active role in contributing support and in encouraging others to do so. \3- 2-3 19 VIII. Evaluation (700/0/500/0) While the Center does submit reports of activities to funding sources, the quality of those reports is lacking clarity and accuracy. This is the underlying concern in the consultant's rating. The fact that the board evaluated this component rather high might indicate only cursory review of this information. Or perhaps no review at all. IX. Facilities (780/0/880/0) There is no question in the minds of the board and the consultant that the facility is appropriate for the Center and its activities. There is a concern on both parts for security and for reserve funds for emergency repairs. X. Human Resource Management (530/0/250/0) Again the board and consultant ratings are relatively consistent. Job descriptions were not provided, staff/volunteers do not have the context of an operational plan to guide their work and training is limited. Furthermore, the board does not appear to be taking the lead in those areas where they have responsibility (planning, assessment, fund raising, and financial oversight). There were also a number of reports of dissention and/or poor working relationships among staff and volunteers. Further, there are familial relationships between staff and board members, and accusations of inappropriate behavior (lack of cleanliness, inappropriate language, favoritism). Recommendations The Board of the Federal Way Senior Center has a significant decision to make. It can let the organization continue on its current path which will lead to eventual demise. The financial, staffing and reporting practices are so marginal that funding, in the opinion of the consultant, could likely be withdrawn if improvements are not made. The Center fills a significant need in its community. For this reason it makes sense for the Board of Directors to lead the organization to a more stable, sustainable structure. It will require much work, and it will take time. But the end result will be a Center that is thriving and able to provide critical services to the seniors ofthe Federal Way/South King County region. Therefore, the primary recommendation is that the Board deliberate this choice thoroughly, identifying the resources and changes needed and determining if there is the will and ability to move forward. lfthe decision is positive, the Board will then need to develop a plan for transforming the Center. B-z~ 20 Appendix B Federal Way Senior Center Board Training and Planning Retreat Tuesday, May 16, 2006 Report Training The first working portion of the retreat focused on training in the basics of nonprofit governance. Materials supporting this training were provided in the booklet distributed to members. During the training an emphasis was placed on the Planning/Budgeting/Reporting cycle and the Board's role in that. Planning (setting goals) Corrective action, if nee. Preparation for new plan Program reports to Board Budgeting based on goals Board approval Financial reports to Board, r3~ 25 21 Planning The next portion of the retreat was focused on identifying and prioritizing goals for the remainder of this year. The prioritized goals are shown below with the number of votes each received. 1. Add paid staff - clerical and grantwriting (5) 2. Raise new money by partnering with service groups, holding an event and writing grants (5) 3. Promote the Center in the community (4) 4. Account for goods received and distributed (3) 5. Expand the board to include more professions (2) 6. Be more accountable (1) 7. Improve financial reports (1) Three additional goals were listed but received no votes. They are to be kept in mind for future action and planning. They are: Create a system for distribution of goods to members Add new programs that draw new members Improve the facility rental program At this point the group then combined similar or related activities to produce the following goals. A task force was identified for each. They have the responsibility for providing more details for their assigned goal. These details will be incorporated into a full plan on which a budget will be developed. 8- 2-~ 22 Goa Is Improve funding for the Center Identify ways to raise money Focus on raising money to assure administrative and grantwriting staff/contractors Task Force: Jim (convener), Mary, Ann, Fran, Max Improve accountability of the Center Improve financial reports Set up process for accounting for goods received and distributed Task Force: Pete &. Glen (conveners), Leonard, Dave Promote the Center in the Community Task Force: None identified Expand the Board of Directors Task Force: None identified B- 2- -, 23 The following diagram was developed as a framework for the task forces. Planning Mission ~ Vision of the future ~ ~ Goal 1: Improve funding for the Center ~ Goal 2: Improve accountability for the Center ~ Goal 3: Promote the Center in the community ~ Goal 4: Expand the Board of Directors ~ .(). ~ ~ Write Objectives for each goal. Objectives are specific, measurable statements designed to implement the goal. Write the activities or tasks to be accomplished for each objective. 13-z-~ 24 Appendix C Federal Way Senior Center Interim Report on Progress on Board-approved Capacity-building Goals prepared October 17, 2006 as part of the Capacity-building Project funded by the City of Federal Way Elizabeth M. Heath, Project Consultant Below are the project goals identified and prioritized by the Board of Directors of the Federal Way Senior Center at their board retreat on Tuesday, May 16,2006. This report represents the Board's input at their meeting on September 19,2006, and the Project Consultant's observation of progress made on those goals. In preparing this report, the goals have been related to the findings developed at the outset ofthe project in the Capacity Analysis Report and a rating of the progress made has been provided as requested by the City of Federal Way. This chart depicts the areas where progress has and hasn't been made. Following is a narrative description of the interim assessment. Federal Way Senior Center Interim Report 100.0% - _~u____________u__ _______________u_____ _________ ________________________ _ 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Planning, Inf.sys., Eval, Facil., HR Resource Development Community Relationships Delivery of Service Board of Directors Financial Management [Dark column = Initial rating; light column = Interim rating] 'B-24 25 8. Add paid staff - clerical and grantwriting This goal is fundamental to all the work of the Center. While the initial intent was to identify clerical and grantwriting support, the decision, wisely, was to seek an Interim Executive Director. In October the Senior Center contracted such a person, Kit Evans, who is working with the Center 24 hours a week. The contract is open-ended although the initial scope of work was described for the first month only. Ms. Evans reports that she has been working first on organizing grant records and becoming fully familiar with their funding sources and commitments. She plans to turn her attention next to financial management. Ms. Evans also reports that Harry Schreiber has announced that he will be leaving in February, so one ofthe goals of her work with them is to help them select a new paid Executive Director. To that end, she is working with them on a job description for the position. As to grantwriting, the Board decided their preference was to identify a volunteer grantwriter for whom they might provide some training. If that is not successful, they will consider contracting with a professional grantwriter. This goal is related to all the issues raised in the Capacity Analysis Report except those which are addressed specifically below. In particular, Operational Planning, Information Systems, Evaluation, Facilities and Human Resource Management are included here. The initial composite rating for these five areas was 46.6%. Progress, i.e., the decision to hire an Interim Executive Director, has brought this to 50% with the potential for much more success once she has had time to put improvements in place. 9. Raise new money by partnering with service groups, holding an event and writing grants One board member, Jim Murphy, has done quite a bit of research into how other similar organizations raise contributed support, and he has diligently reported this information to the board. No action has been taken, nor have any plans been developed as ofthis writing. At the October board meeting Jim is slated to lead a discussion about the next steps the Board should take for this goal. In the Capacity Analysis Report the need for broader fund raising work was identified. Since progress to date has been only in the effort of one board member without any board action to follow up, the rating is increased from 43% to 45% lO.Promote the Center in the community While there has always been some visibility given to the Center through Harry Schreiber's contacts, especially with Kiwanis, no additional promotional activities have been planned or implemented. No change has happened in this area leaving the rating unchanged as well- 66%. B-3\::; 26 11.Account for goods received and distributed This issue was the subject for much discussion over the summer, and steps to track receipt and distribution of goods were implemented. At board meetings there have been no written reports of this information. The initial rating for service delivery was 50%. Progress has brought the rating to 55%. Again there is potential for this to increase significantly when the board follows through with implementing collection and distribution policies and providing regular written reports. 12.Expand the board to include more professions No work has been done although the topic has been discussed briefly at a couple of board meetings and it is planned that this will be the focus of discussion at the November board meeting. No change has happened in this area leaving the rating unchanged as well- 50%. 13.Be more accountable This is being addressed primarily through the efforts to track goods received and distributed. 14.Improve financial reports Financial reports are still lacking. A balance sheet has never been produced despite numerous requests. The board is unable to exercise its legal financial oversight responsibilities because full information is not provided. No change has happened in this area leaving the rating unchanged as well- 57%. Summary: Very little work has been accomplished by the Federal Way Senior Center board during this capacity-building project. The members have learned to defer to the President and volunteer Executive Director, Harry Schreiber, and appear to take no action on their own. It is of significant concern that this deference will be transferred to the Interim Executive Director. It is imperative that the board members recognize and begin to fulfill their legal responsibilities for leadership and the future of the Federal Way Senior Center. An integral component of the capacity-building project is training as described on the following page. Despite commitments to attend the Financial Management and Fund Raising seminars, no one from the Fed~ral Way Senior Center participated in these critical sessions. This is just one example of the board not being invested in the capacity-building project. They have agreed to participate in repeat sessions of the training which provide information about the critical issues of financial oversight and fund raising. Knowledge of and ability to implement both are essential to the future of the Center. If the board members do not participate fully in the training and demonstrate both ability and willingness to implement basic financial oversight and fund raising practices, we believe their future will be in serious jeopardy. In particular and in our opinion, any funder would be reluctant to provide ongoing support to an organization for which the board provides no financial control or oversight. 13-3\ 27 Capacity Building Project Training Seminars Each organization participating in the project has participated in three training sessions as of the mid-point of the project. Governance training is provided as part of the retreat held by each organization, and financial management and fund development are presented in separate sessions to which all participating organizations are invited to send as many representatives as possible. A brief description of each of the sessions follows: The Basics of Nonprofit Governance The purpose of this training is to provide a definition of nonprofit governance and information to help participants understand their legal and general responsibilities. Topics covered in this training include: Connection to mission Requirements for accountability Legal responsibilities The work of the board How to be an effective board Financial Management and Oversight The purpose of this training is to provide an understanding of basic nonprofit financial practices and reports so that board members can fulfill their financial planning and oversight responsibilities. Topics covered in this training include: The current environment for nonprofit organizations as related to accountability, transparency and reporting requirements The elements of an accounting system Internal controls Building a budget Essential financial reports and how to understand them Fund Development Essentials The purpose of this training is to provide basic information on nonprofit fund development so that participants understand the need for development planning and the strategies that can be used. Topics covered in this training include: The current donor environment plus fund development ethics and standards Fund Development planning (plan template provided) How to develop relationships with individual donors (Donor Pyramid) Strategies for fund raising (each group develops at least three such strategies) 13-32- 28 COUNCIL MEETING DATE: September 4, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Second Amendment of the Interlocal Agreement and Professional Services Contract for the Capacity Partnership Program. POLICY QUESTION: Should the City of Federal Way amend the Interlocal Agreement and Professional Services Contract for the second time to continue working with the City of Burien, City of Tukwila and the Nonprofit Center through the Capacity Partnership Program? COMMITTEE: PRHSPS MEETING DATE: CA TEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other .~!.~..~..~...~.E:.~2.~!~X:~g~_~~~._~!!~~=Ml?Xi~!~!!~1.P.:.~l!...~~~~~~~__M~~.~g~E.......... ..I)~!!_:_~?~~~_~~~.~.~~~~~:~_~_..__.m Attachments: · Memo to the PRHSPS Council Committee dated August 1,2007. · Proposed amended Interlocal Agreement and Professional Services Contract. Options Considered: 1. Authorize the City Manager to approve the amended Interlocal Agreement and Professional Services Contract in support of the Capacity Partnership Program. 2. Not authorize the City Manager to approve the amended Interlocal Agreement and Professional Services Contract for the Organizational Capacity Building Pilot program. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Council Committee Council COMMITTEE RECOMMENDATION: "I move approval of option Manager to enter into the appropriate contracts" with the authorization for the City Linda Kochmar, Chair Jeanne Burbidge, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move approval of option _ with the authorization for the City Manager to enter into the appropriate contracts" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # C-I CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: August 1, 2007 //d~ Angelina Allen-Mpyisi, HumanServjces Manager Cary Roe, Assistant City Manager ~ Kathy McClung, Director Community Development Services ~ Proposed second amendment to the Interlocal Agreement and Professional Services Contract for the Capacity Partnership Program Subject: Policy Issue: Should the City of Federal Way amend for the second time the current Interlocal Agreement to continue its partnership with the City of Burien and City of Tukwila through the Capacity Partnership Program (formerly known as the Organizational Capacity Building Pilot Program), and the Professional Services Contract with the Nonprofit Center to continue to provide technical assistance through the program? Background: Interlocal Agreement The City of Federal Way and City of Tukwila entered into an Interlocal Agreement dated March 28, 2006 whereby the two Cities agreed to fund the Capacity Partnership Program (CPP) to help strengthen the organizational infrastructure of two small human service nonprofit organizations serving Federal Way and Tukwila. In July, 2006 the City of Federal Way amended the Interlocal Agreement to expand the partnership to include the City of Burien and accept a United Way Venture Fund grant. The City of Federal Way has enjoyed an excellent working relationship with the cities of Burien and Tukwila and would like to amend the Interlocal Agreement again to continue working together through the CPP. Based on the proposed changes to the Interlocal Agreement the City of Tukwila will remain a partner in the program through September 30,2007. Because Tukwila does not have additional funds this year to support new organizations they will continue with the program until the Tukwila Community Schools Foundation has completed their work through the project. The City of Burien will remain a partner and intends to allocate additional money to the program to support another human service/community-based agency. Staff also proposes to extend the contract term through August 1, 2008. Attached is a copy of the proposed amended Interlocal Agreement. Professional Services Contract The City of Federal Way entered into a Professional Services Agreement dated March 1, 2006 with the Nonprofit Center to provide technical assistance through the Capacity Partnership Program (CPP). In June, 2006 the contract was amended as a result of the United Way grant and funds received from the City of Burien. C-2- Through the CPP the Nonprofit Center has provided technical assistance to six human service/community-based organizations serving Burien, Federal Way and Tukwila. Based on the proposed amendment to the Professional Services Agreement the Nonprofit Center will complete the work currently being performed with the agencies under the existing agreement, three new organizations will be added to participate in the program and the contract term will be extended. A copy of the proposed amended Professional Services Contract is attached. The Nonprofit Center has been very instrumental in assisting the six agencies to meet their organizational goals they developed through the Capacity Partnership Program. The volunteer boards of directors and staff from these groups have utilized the coaching, mentoring and other forms of technical assistance offered by the Nonprofit Center. Federal Way groups, the Federal Way Senior Center and the Federal Way Community Caregiving Network have both experienced significant improvement and growth and this is attributed to the Nonprofit Center's assistance. Option 1: To recommend that the City amend the Interlocal Agreement to continue its partnership with the City of Burien and City of Tukwila, and amend the Professional Services Agreement with the Nonprofit Center. Option 2: To not recommend that the City of Federal Way amend the existing Interlocal Agreement or Professional Services contract to support the Capacity Partnership Program. Staff Recommendatjon Approve Option 1 and forward to the full council for approval at the September 4, 2007 regular City Council meeting. Human Services Commission Recommendation On July 16, 2007 the Commission approved staff's recommendation (Option 1). Committee Recommendation Forward option consent agenda. to the full City Council and place this item on the September 4, 2007 L~5 2 SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR PLANNING, FUNDING AND IMPLEMENTATION OF THE CAPACITY PARTNERSHIP PROGRAM 2007-2008 , This Second Amendment ("Amendment") is dated effective this _ day of ,2007, and is entered into by and between the City of Federal Way, a Washington municipal corporation, the City of Burien, a Washington municipal corporation and the City of Tukwila, a Washington municipal corporation, hereinafter collectively referred to as "Cities." WHEREAS, the City of Federal Way and the City of Tukwila entered into an Interlocal Agreement, hereafter referred to as "Agreement," dated March 28,2006 whereby the City of Federal Way and the City of Tukwila agreed to fund an Organizational Capacity Building Pilot Program, hereafter known as the "Capacity Partnership Program" that will strengthen the organizational infrastructure of two small human service nonprofit organizations in Federal Way and Tukwila; WHEREAS the City ofF ederal Way and the City ofTukwila amended the Agreement by the First Amendment dated July 17,2006 to expand the partnership to include the City of Burien and increase the number of agencies participating in the program; WHEREAS the City of Federal Way, the City ofBurien and the City ofTukwila continue to make the most efficient use of their resources by continuing to cooperate to provide funding to improve the organizational effectiveness of small grassroots human service and community development agencies in the Cities; WHEREAS, Section 12 of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties; and WHEREAS, The City of Federal Way, the City of Burien and the City of Tukwila desire to amend the Agreement to continue the Services described in Section 1 and 2 of the Agreement by continuing the partnership, inviting three new agencies to participate in the program, and extending the term ofthe Agreement. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Parties The first paragraph ofthe First Amendment shall be amended to include the City ofTukwila as a party to the Agreement from the effective date 0 f this Amendment through September 30, 2007. The City of Burien will remain a party to the Agreement through August 1,2008. c-~ 2. Purpose. Section 1 ofthe Agreement shall be amended to indicate that the purpose ofthe Agreement is to complete the work with the human service/community-based agencies currently participating in the Capacity Partnership Program and create a cooperative arrangement between the City of Federal Way and the City of Burien to fund the Capacity Partnership Program that will strengthen the organizational infrastructure of three new small human service nonprofit organizations or community development agencies within the Cities. 3. Responsibilities. Section 2(b) and Section 2( c) of the Agreement shall be amended to include the Cities agreeing to the following duties during the implementation of the Capacity Partnership Program: Tukwila's and Burien's Duties: 1) Remit the total annual funding allocation approved for the organizational capacity building pilot program to Federal Way, as described in Exhibit A-I, attached hereto and incorporated by this reference. Cities' Joint Duties: 1) Attend meetings with the consultant to review information and discuss the progress ofthe human service agencies. 2) Identify additional sources of private and philanthropic support for the capacity partnership program. 3) Determine whether the Capacity Partnership Program be expanded and replicated to other communities in King County. 4) Share lessons learned with grantmakers, policy makers and other stakeholders. 4. Term. Section 3 of the Agreement shall be amended to extend the term through August 1, 2008. 5. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY Assistant City Manager, cary Roe PO Box 9718 Federal Way, W A 98063-9718 L-S 2 ATTEST: City Clerk, Laura Hathaway, cMc CITY OF BURIEN City Manager, Mike Martin 415 S.W. 150th Street Burien, W A 98001 ATTEST: City Clerk, CITY OF TUKWILA Steven M. Mullet, Mayor ATTEST: City Clerk, APPROVED AS TO FORM: City Attorney, Patricia A. Richardson APPROVED AS TO FORM: City Attorney, APPROVED AS TO FORM: City Attorney, Shelley M. Kerslake C-(p 3 EXHIBIT A-I Brief Description The "Capacity Partnership Program (CPP)" formerly known as the Organizational Capacity Building Pilot Program, is a unique program of the City of Federal Way in collaboration with the City of Burien and City of Tukwila. This capacity building strategy is designed to increase the organizational effectiveness of small grassroots human service and community development agencies serving Burien, Federal Way and Tukwila. Through the program these organizations will learn techniques to successfully govern and manage themselves, develop assets and resources, forge and maintain community linkages, and continue to deliver valued services in Burien, Federal Way and Tukwila. Goals · Strengthen the organizational infrastructure of small grassroots human service and community development organizations serving Burien, Federal Way and Tukwila. · Increase the capacity and knowledge of the staff and board to effectively manage and lead their human service agencies. · Share lessons learned with other grantmakers, policy makers and other stakeholders to expand and replicate this model in other communities in King County. A regional nonprofit consulting organization with expertise in nonprofit capacity building works with each participating group to expand their capacity for effectiveness and sustainability. Project components include an initial capacity assessment, a planning retreat, formal training through seminars, coaching and mentoring and a final capacity assessment. Each organization sets its own project goals so the capacity building services provided are most relevant for them. Capacity Assessment: An assessment tool has been developed specifically for this project which measures the organization's status on fundamental areas: 0 Board of Directors 0 Financial Management 0 Community Relationships 0 Resource Development 0 Delivery of Services 0 Evaluation 0 Operational Planning 0 Facilities 0 Information Systems 0 Human Resource Management Board and staff responses to the assessment questionnaire are analyzed, along with documents such as bylaws, board minutes, financial reports, policies, etc. This combined analysis forms the basis for the first report provided to the participating organization. The second step in the process is a board/staff training and planning retreat. In this, general governance training is provided, and then the organization develops its project goals in light of the information gained in both the assessment report and the training. Typical goals that can be 4 Gl defined by organizations include: o Development of a strategic and/or annual operating plan. o Recruitment of new board members with needed expertise such as financial management, legal, marketing and fundraising. o Update structural documents (i,e. mission statement, vision, bylaws). o Develop strategies to create more visibility for the organization. o Establish more partnerships in the community. o Make the transition from volunteer staff to a paid Executive Director. o Improve financial management and reporting. o Upgrade insurance coverage (especially Directors' & Officers' Liability coverage. o Improve board development including creation of a board job description, orientation and ongoing education. o Identify measurements for program goals. o Develop policies and procedures (i.e. human resources, fiscal). A report of the retreat results is provided to each organization which marks the beginning of the Coaching/Training phase of the project. In this phase, the consultant attends all board meetings and any committee or task group meetings in order to provide resource and best practice information. The consultant also works individually with organization leaders to provide coaching and mentoring on specific issues such as meeting management or financial reporting. During this phase there are also a number of training sessions which all members of all organizations are asked to attend. The topics for the 2Yz to 3 hour seminars are: o Financial Management and Reporting o Fund Development o Board Recruitment o Board Chair Responsibilities In addition, the project includes three registrations for each organization in the annual Washington State Nonprofit Governance Conference held in November. The purpose of this phase is to support the organizations in their achievement of their project goals. This support has had several dimensions including facilitation of additional retreats, conduct of a board recruitment project, and assistance in finding Interim Executive Directors. An interim report is provided to each organization approximately midway through their project. This is a simple report outlining the group's progress on their self-identified goals. - 5 - c-~ At the end of the project, the board and staff of each organization is asked to complete the capacity questionnaire again. Based on that information and the consultant's observations, a final report is prepared and presented to the Board. This report also provides guidance for the organization to use in its future sustainability work. BUDGET Participating Cities Amount of Funding TOTAL: $ 18,295 $ 12,849 $ 1,497 $32,641 Federal Way - Lead City Burien Tukwila L-1 - 6 - SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR THE CAPACITY PARTNERSHIP PROGRAM TECHNICAL ASSISTANCE This Second Amendment ("Amendment") is dated effective this _ day of ,2007, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Nonprofit Center, a Washington nonprofit corporation, a ("Contractor"). A The City and Contractor entered into a Professional Services Agreement dated effective March 1,2006 whereby the Contractor agreed to provide technical assistance to two (2) small human service nonprofit organizations in Federal Way and Tukwila as part of the Organizational Capacity Building Pilot Program, hereafter referred to as the "Capacity Partnership Program." B. The City and Contractor amended the Professional Services Agreement by First Amendment dated effective July 17, 2007 to include the City of Burien and provide technical assistance to up to six (6) small human service nonprofit organizations or community development agencies in Federal Way, Burien and Tukwila. C. The City and the Contractor now desire to have the Contractor complete the work with the existing human service/community-based organizations and provide technical assistance for up to three (3) new agencies serving Burien and Federal Way as part of the Capacity Partnership Program. The technical assistance will help strengthen the organizational infrastructure ofthese three new agencies, increase the capacity and knowledge of the staff and board to effectively manage and lead their human service or community development agencies, and continue to help City human service staff increase their technical experience and knowledge on nonprofit organizational capacity. C. Section 15.2 (Modification) ofthe Agreement provides that the Agreement may only be amended by written agreement signed by the parties. D. The City and the Contractor desire to amend the Agreement to expand the Services described in the Agreement, to extend the term of the Agreement, and increase the compensation paid to the Contractor. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Services. Section 1 ofthe Agreement and the Services, attached as Exhibit "A" to the Agreement, shall be amended to include those additional services more particularly described in Exhibit "A-2" and Exhibit "A-3" attached hereto and incorporated by this reference ("Additional Services"). - 1 - C-[u 2. Term. Section 2 of the Agreement shall be amended to extend the term of the Agreement until August 1, 2008. 3. Compensation. In consideration of Contractor providing the expanded Services described in Section 1 ofthe Agreement during the extended term of the Agreement, Section 4.1 shall be amended to provide compensation paid to the Contractor by an amount not to exceed Twenty Six Thousand, Six Hundred and Twenty Oneil 00 Dollars ($26,621). The total amount payable to the Contractor pursuant to the original Agreement, the First Amendment and this Second Amendment shall be an amount not to exceed Sixty Eight Thousand, Nine Hundred Seventy Two/IOO Dollars ($68,972). 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Assistant City Manager, Cary Roe PO Box 9718 Federal Way, WA 98063-9718 ATTEST: APPROVED AS TO FORM: City Clerk, Laura Hathaway, CMC City Attorney, Patricia A. Richardson THE NONPROFIT CENTER By: Executive Director, Elizabeth Heath 1501 Pacific Avenue, Suite 320 Tacoma, W A 98402 Phone: (253)272-5844 - 2 - ~-JI ST ATE OF WASHINGTON) ) ss. COUNTY OF PIERCE ) On this day personally appeared before me Elizabeth Heath, to me known to be the Executive Director of The Nonprofit Center that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,2007. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires - 3 - L:-/L EXHIBIT A-2 PROJECT COST - For 3 new organizations to participate in the Capacity Partnership Program Project Activities Time Cost per Total Cost - Component organization 3 new organizations Participant selection Meetings with candidate 1 hour per 100 300 organizations agency Assessment tool Preparation meeting; 10 hours 1,000 3,000 administration distribution; per agency tracking/receiving; data entry; data and materials analysis and preparing comments for report Assessment Report Writing, producing (copying, 8 hours 800 2,400 binding) and presentation to per agency board Planning Retreat Retreat design, materials 8 hours 800 2,400 preparation, facilitation and per agency report Plan Coaching, technical 24 hours 2,400 7,200 implementation assistance, resource per agency identification Interim Report Gathering input, preparing 5 hours 500 1,500 and presenting report per agency Assessment Questionnaire distribution; 7 hours 700 2,100 administration tracking/receiving; data entry; per agency data and materials analysis and preparing comments for report Final agency report Preparation and presentation 5 hours 500 1,500 per agency Subtotal 6,800 20,400 - 4 - c- I :? In addition to the activities related to specific organizations, there are activities for the project as a whole: Training four, two-hour seminars plus 2,221 conference registration for 2/agency Coordination Quarterly meetings with city 800 staff to discuss progress of participants Future planning Development of continuation! 2,000 replication proposal for major funding Final report Analysis and reporting 1,200 achievements based on project goals Subtotal $6,221 Project Total (for $26,621 new 2roups) Existing organizations receiving services through the program (balance of funds) TOTAL PROJECT COST $ 6,020 $32,641 - 5 - L - / ~I Exhibit A-3 PROJECT TIME LINE Date Activity July- September 2007 Participating organizations selected September/October 2007 Initial Capacity Assessments completed and reports provided to participants. October - December 2007 Participants' planning retreats held and goals established. November 2007 Washington State Annual Nonprofit Governance Conference January - May 2008 Participants work on capacity building plans. Consultant provides technical assistance and coaching during this process. January - February 2008 Interim Progress Reports prepared for participants January 2008 Financial Management Seminar February 2008 Fundraising Seminar March 2008 Board Recruitment Seminar April 2008 Board Chair Effectiveness Seminar June 2008 Final Capacity Assessments completed by participants and final reports presented. July 2008 Final project report submitted. - 6 - C-[5 COUNCIL MEETING DATE: September 4, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance To Amend the Criminal Enforcement Penalty Provisions of FWCC Chapter I, Article III and Chapter 22, Article I. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO AMEND THE CRIMINAL ENFORCEMENT PENALTY PROVISIONS OF FWCC CHAPTER 1, ARTICLE III AND CHAPTER 22, ARTICLE I TO ALIGN WITH STATE LAW? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 8/14/2007 CA TEGORY: D Consent D City Council Business ST AFF REPORT By: JENNIFER SNELL rgJ Ordinance D Resolution D D Public Hearing Other DEPT: Law Under RCW 9A.20.021, the penalty for a misdemeanor is up to ninety (90) days in jail and a fine of up to $1,000. By amending the listed provisions of the FWCC, those provisions will be in line with state law. Options Considered: 1. Recommend approval of the proposed Ordinance and forward to full Council for first reading at the September 4, 2007 City Council meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. 3. Reject the proposed Ordinance. STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council for the first readin at the Se tember 4, 2007 meetin . ............___...__...................._.............h.........__._.........................................__...._...._.......____............._......._.____.._...._...._____._............_._..._._....__........._.._..........__........_._......._.._....._....__....._._....._.......__............_...._____....___._..._._.._....____.___.......____.__ CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "[move approval of Option COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # D-\ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL ENFORCEMENT PENALTY PROVISIONS OF CHAPTER 1, ARTICLE III AND CHAPTER 22, ARTICLE I OF THE FEDERAL WAY CITY CODE. (Amending Ordinance Nos. 90-43, and 99- 342) WHEREAS, among the responsibilities imposed on the City of Federal Way are those involving enforcement of ordinances proscribing violations of criminal laws adopted as a part of the Federal Way City Code; and, WHEREAS, the provisions of the Federal Way City Code include identification of certain criminal penalties in its criminal code designed to provide for public safety within the City and to meet specific needs of the City; and, WHEREAS, the Federal Way City Code is at variance with state law with respect to the penalties for certain designated misdemeanors; and WHEREAS, the numbering provisions ofFWCC 1-21 require slight renumbering for clarity; and WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to update criminal penalty provisions of Chapter 1 and a criminal penalty provision of Chapter 22 of the City Code to ensure more consistent and effective enforcement and prosecution of criminal activity within the City, ORD# , PAGE 1 D-7- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1, Article III, Section 1-16 of the Federal Way City Code is hereby amended to read as follows: 1-16 Order to cease activity. (a) Issuance. Whenever the enforcement officer determines that any activity is being conducted or any development is occurring that does not conform to the applicable provisions of this Code, or that civil violation otherwise exists, he or she may issue an order to cease activity directing any person causing, allowing and/or participating in the offending conduct to cease such conduct immediately. (b) Posting and service of order. The enforcement official shall serve the order upon the person to whom it is directed, either by: (I) Delivering it personally; or (2) By mailing a copy of the order to cease activity by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address and by posting a copy of the order to cease activity conspicuously on the affected property or structure, or as near to the affected property or structure as feasible. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. Any failure of the person to whom the order to cease activity is directed to observe the posted order or to actually receive the mailed order shall not invalidate service made in compliance with this section, nor shall it invalidate the order to cease activity. ORD# , PAGE 2 D--3 (c) Appeal of order to cease activity. An order to cease activity may be appealed under the procedures set forth in FWCC 1-19. During any such appeal, the order to cease activity shall remain in effect. (d) Effect of order to cease activity. When an order to cease activity has been issued, posted and/or served pursuant to this section, it is unlawful for any person to whom the order is directed or any person with actual or constructive knowledge of the order to conduct the activity or perform the work covered by the order, even if the order to cease activity has been appealed, until the enforcement officer has removed the copy ofthe order, if posted, and issued written authorization for the activity or work to be resumed. Violation of an order to cease activity constitutes a misdemeanor punishable by a fine of up to $5,000 $1,000, or imprisonment for up to six months ninety (90) days, or both. In addition to such criminal penalties, the city may enforce the order to cease activity in accordance with FWCC 1-21 below, and/or enforce it in superior court. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 2. Chapter 1, Article III, Section 1-17 of the Federal Way City Code is hereby amended to read as follows: 1-17 Notice of violation and order to correct. (a) Issuance. Whenever the enforcement official determines that a civil violation has occurred or is occurring, he/she may issue notice of violation and an order to correct ("notice and order") to the property owner or to any person causing, allowing and/or participating in the violation. The notice and order issued pursuant to this section represents a determination that a violation of this Code has been committed. This determination is final and conclusive unless appealed as provided herein. (b) Content. The enforcement official shall include the following in the notice and order: (1) The name and address of the property owner and/or other person to whom the notice and order is directed; ORD# , PAGE 3 D_LI (2) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occumng; (3) A description of the violation and a reference to that provision of a city development regulation which has been violated; (4) A statement of the action required to be taken to correct the violation as determined by the enforcement official and a date or time by which correction is to be completed; (5) A statement that the person to whom the notice and order is directed must: a. Complete correction ofthe violation by the date stated in the notice; or b. Appeal the notice and order as provided in FWCC 1-19; and (6) A statement that, if such violation is not corrected and the notice and order is not appealed, a monetary penalty in an amount per day for each violation as specified by FWCC 1-17( e) shall accrue against the person to whom the notice and order is directed for each and every day, or portion of a day, on which the violation continues following the date set for correction. (c) Service of order. The enforcement official shall serve the notice and order upon the person to whom it is directed, either by: (1) Delivering it personally; or (2) By mailing a copy of the order to correct violation by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address and by posting a copy of the notice and order conspicuously on the affected property or structure. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service ORD# , PAGE 4 D-5 and the marmer by which service was made. Any failure of the person to whom the notice and order is directed to observe the posted notice and order or to actually receive the mailed notice and order shall not invalidate service made in compliance with this section, nor shall it invalidate the notice and order. (d) Extension. Upon written request received prior to the correction date or time, the enforcement official may extend the date set for correction for good cause. The enforcement official may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as a good cause. (e) Monetary penalty. The amount of the monetary penalty per day or portion thereof that each violation continues beyond the date set in a notice and order is as follows: (1) First violation, $100.00; (2) Second violation, $200.00; (3) Third violation, $300.00; (4) Additional violations in excess ofthree, $500.00. (f) Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the enforcement official. (g) Declaration of compliance. When the violation has been corrected and the penalty paid, the enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the violation was fully corrected, beyond which no further penalty shall accrue. (h) Effect of un appealed notice and order. Ifa notice and order is not appealed, each day which the violation continues beyond the date set in order to correct shall constitute a misdemeanor punishable by a fine of up to $5,000 $1.000, or imprisonment for up to s* months ninety (90) days, or both. In addition to such criminal penalties, the city may enforce ORD# , PAGE 5 D-~ the notice and order in accordance with FWCC 1-20 and 1-21, and/or enforce it in superior court. (Ord. No. 99-342, 9 3, 5-4-99) SECTION 3. Chapter 1, Article III, Section 1-18 of the Federal Way City Code is hereby amended to read as follows: 1-18 Voluntary correction agreement. (a) General. Prior to the issuance ofa notice and order under FWCC 1-17, or in lieu thereof, when the city determines that a violation of an ordinance has occurred, the city may enter into a voluntary correction agreement wherein the person(s) responsible for the violation or the owner(s) of property on which the violation has occurred or is occurring agrees to abate the violation within a specified time period and according to specified conditions. (b) Contents. A voluntary correction agreement shall be in writing, signed by the person(s) responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring and an enforcement official, and shall contain substantially the following information: (1) The name and address of the person responsible for the violation and/or the owner of property on which the violation has occurred or is occurring; (2) The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occumng; (3) A description of the violation and a reference to the regulation violated; (4) The necessary corrective action to be taken, and a date or time by which the correction must be completed; (5) An agreement by the person responsible for the violation and/or the owner( s) of property on which the violation has occurred or is occurring that the city may ORD# , PAGE 6 D-l inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; (6) An agreement by the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring that, ifthe terms of the voluntary correction agreement are not met, the city may abate the violation and recover its costs and expenses as provided in this article; (7) An agreement that by entering into the voluntary correction agreement, the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring waives the right to a hearing before the examiner under this article regarding the matter of the violation, penalty and/or required corrective action; and (8) A statement that failure to comply with the terms of the agreement shall constitute a misdemeanor punishable by a fine not to exceed $5,000 $1,000 and/or imprisonment for not more than six months ninety (90) days. (c) Modification and time extension. An extension of the time limit for correction or a modification ofthe required corrective action may be granted by the enforcement official if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable. All modifications or time extensions shall be in writing, signed by the person(s) responsible for the violation and/or the owner(s) of the property on which the violation has occurred or is occurring and an enforcement official. (d) Penalty for noncompliance. Violation of the terms of the agreement shall constitute a misdemeanor punishable by fine not to exceed $5,000 per day $1,000 and/or imprisonment for not more than six months ninety (90) days. Further, the city may enter the property, abate the violation and recover all costs and expenses of abatement in accordance with the provisions of this chapter. (Ord. No. 99-342, ~ 3, 5-4-99) , PAGE 7 ORD# D-3 SECTION 4. Chapter I, Article III, Section 1-19 of the Federal Way City Code is hereby amended to read as follows: 1-19 Appeal to hearing examiner. (a) General. A person to whom an order to cease activity or a notice and order is directed may appeal the order to cease activity or notice and order to the hearing examiner. The person appealing may appeal either the determination that a violation exists, the amount of any monetary penalty imposed, the corrective action ordered, or all three. (b) How to appeal. A person may appeal an order to cease activity or notice and order by filing a written notice of appeal with the city clerk within 14 calendar days from the date of service of the order to cease activity or notice and order. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of $100.00, which is refundable in the event the appellant prevails on the appeal. (c) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the order to cease activity or notice and order if he finds that the appeal is frivolous or intended solely to delay compliance. The effect of the filing of an appeal of an order to cease activity shall be as provided in FWCC 1-16( d). (d) Notice of and hearing before the hearing examiner. (1) Date of hearing. Within 10 days of the clerk's receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days ofthe clerk's receipt of the appeal. ORD# , PAGE 8 U-4 (2) Notice of hearing. a. Content. The clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the order to cease activity or notice and order, and mailed to the appellant and property owners located within 300 feet of the property that is the subject of the violation. The notice shall contain the following: 1. The file number and a brief description of the matter being appealed. 2. A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal. 3. The date, term and place of the public hearing on the appeal. 4. A statement of who may participate in the appeal. 5. A statement of how to participate in the appeal. (3) Distribution. The notice shall be mailed and posted at least 10 calendar days before the hearing on the appeal. (4) Participation in the appeal. Any person may participate in the public hearing in either or both of the following ways: a. By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing. b. By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The city and the appellant may participate as parties in the hearing and each may call witnesses. The appellant shall have the burden of proof by a preponderance of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in compliance with FWCC 1-17(e), or that the corrective action ordered is unnecessary to cure the violation. ORD# , PAGE 9 t)-)o (6) Electronic sound recording. The hearing examiner shall make a complete electronic sound recording of the public hearing. (7) Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all ofthe public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (e) Decision of hearing examiner. (1) Vacation. If the hearing examiner determines that the appellant has proven by a preponderance ofthe evidence that no violation substantially as stated in the order to cease activity or notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and order, and order the appeal fee refunded. (2) Affirmance. If the hearing examiner determines that the appellant has not so proven by a preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and order, shall affirm the amount of any monetary penalty imposed by the order to cease activity or notice and order, and shall affirm the corrective action ordered. (3) Modification. If the hearing examiner determines that the monetary penalty was not calculated in compliance with FWCC 1-17(e), or that the corrective action ordered was unnecessary to cure the violation the examiner may modify the penalty amount and/or the abatement action required depending on the specifics of the violation as found at the hearing. In so ordering, the hearing examiner shall consider the following: a. Whether the intent of the appeal was to delay compliance; b. Whether the appeal was frivolous; ORD# ,PAGE 10 D-/l c. Whether there was a written contract or agreement with another party which specified the securing by the other party of the applicable permit or approval from the city; d. Whether the applicant exercised reasonable and timely effort to comply with the applicable development regulations; or e. Any other relevant factors. In modifying a monetary penalty under this section, the hearing examiner shall impose, at a minimum, the monetary penalty set forth in FWCC 1-17(e), for each separate section of the Code violated, and as determined by reference to the applicable number of violations (first, second, third) at issue. In modifying the corrective action ordered, the hearing examiner shall require, at a minimum, any action necessary to ensure actual compliance within 14 days of the date of the examiner's decision. (f) Issuance of decision. The hearing examiner shall issue a written decision, including findings of fact, conclusions, and order within 14 days of the hearing. (g) Judicial review. Judicial review of a decision by the hearing examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within 21 days ofthe date of the decision. For purposes ofthis section, "aggrieved or adversely affected" shall have the meaning set forth in RCW 36.70C.060(2). (h) Effect of decision. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final decision of the city, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor punishable by a fine of not more than $5,000 $ 1.000 or up to six months ninety (90) days imprisonment, or both. In addition to criminal punishment pursuant to this subsection, the city may pursue collection and abatement under FWCC 1-20 and 1-21. (Ord. No. 99-342, 9 3, 5-4-99) , PAGE 11 ORD# Q-/2- SECTION 5. Chapter I, Article III, Section 1-21 of the Federal Way City Code is hereby amended to read as follows: 1-21 Abatement and additional enforcement procedures. (a) Abatement by violator. fu the absence of an appeal, any required abatement shall be executed in the manner and means specifically set forth in the order to correct and/or the voluntary correction agreement by the person(s) responsible for the violation. (b) Abatement by city. 1. The city may perform the abatement required upon noncompliance with the terms 0 f: (1) An unappealed notice and order; (2) A voluntary correction agreement; or (3) A final order of the hearing examiner. ii. The costs shall be billed to the person(s) obligated to perform the work under FWCC 1-17(b)(6), the voluntary correction agreement or hearing examiner decision, as applicable. (1) The city may utilize city employees or a private contractor under city direction to accomplish the abatement. The city, its employees and agents using lawful means are expressly authorized to enter upon the property ofthe violator for such purposes. (2) The city shall bill its costs, including incidental expenses, of abating the violation to the person(s) obligated to perform the work under the notice and order, voluntary correction agreement or hearing examiner decision, which costs shall become due and payable 30 days after the date ofthe bill. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees incurred by the city; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing. ORD# ,PAGE 12 l)-J3 (c) Obstruction with work prohibited. No person shall obstruct, impede or interfere with the city, its employees or agents, or any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary or incidental to, carrying out the requirements of an order to correct, voluntary correction agreement or order ofthe hearing examiner issued pursuant to this chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine of not more than $5,000 $ 1.000 per day or up to six months ninety (90) days imprisonment, or both. (d) Report to city council and hearing on cost of abatement. In the event the person(s) responsible fails to pay within the 30-day period set forth in subsection (b )(2) of this section, the enforcement official shall prepare a written itemized report to the city council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties. (1) A copy of the report and a notice ofthe time and date when the report shall be heard by the city council shall be served on the person responsible for payment as provided in FWCC 1-17(b )(6) at least five days prior to the hearing before the city council. (2) The city council shall review the report and such other information on the matter as it receives and deems relevant at the hearing. The city council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein. (e) Assessment lien. Following the hearing and authorization by the city council, the city clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the ORD# ,PAGE 13 D-J~ credit of the general fund of the city. The lien shall be of equal rank with the state, county and municipal taxes. (I) The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 15 calendar days after the assessment is placed upon the assessment roll. (f) Additional remedies. The provisions of this article may be used in lieu of or in addition to other enforcement provisions of this Code, unless otherwise precluded by law. (I) In addition to, or in lieu of the provisions of this chapter, the city may, at its option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the city, to obtain compliance pursuant to this chapter, and/or to collect any penalties that have been assessed. (2) The city may, at its option, seek injunctive or other civil relief in superior court regarding any Code violation. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 6. Chapter 22, Article I, Section 22-11 of the Federal Way City Code is hereby amended to read as follows: 22-11 Violation of this chapter. (a) Violations. It is unlawful for any person to do or cause any of the following to be done and for a property owner to permit any of the following to be done on his or her property contrary to or in violation of this chapter: (1) Construct, in any way alter, or move any improvement. (2) Engage in any activity. (3) Use or occupy any structure or land. (4) Conduct any use. (5) Create any conditions. ORD# ,PAGE 14 b-1S It is also unlawful for any person to fail to perform any activity or obligation required by this chapter. Violations identified herein shall constitute misdemeanors subject to criminal prosecution, punishable as set forth herein. This chapter is also subject to civil enforcement, as set forth herein. (b) Criminal enforcement. Upon conviction of an unlawful act under or violation of this chapter, the property owner or other person may be punished by a fine of not more than $5,000 $1,000 or imprisoned for not more than six months ninety (90) days or both for each day or part of a day during which the unlawful act or violation occurs. The property owner or other person may also be ordered to discontinue the unlawful act or correct the violation. Criminal enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, civil enforcement as specified herein or Chapter I FWCC, Article III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. (c) Civil enforcement. Civil enforcement of the provisions of this chapter and the terms and conditions of any permit or approval issued pursuant to this chapter shall be governed by Chapter I FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or Chapter I FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation ofthis chapter. (Ord. No. 90-43, ~ 2(175.45), 2-27-90; Ord. No. 99-342, ~ 5, 5-4-99) SECTION 7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall ORD# , PAGE 15 D-/lp not affect the validity of the remainder ofthe ordinance, or the validity of its application to other persons or circumstances. SECTION 8. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 9. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: K:\ORDIN\2007\Criminal penalty ch 1 and 22 080207.doc ORD# ,PAGE 16 D-), COUNCIL MEETING DATE: September 4, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance To Amend the Criminal Code of the City of Federal Way to Reflect Recent Legislative Changes. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO AMEND CHAPTER 6, ARTICLE XI, SECTION 6-268 AND ARTICLE XII, SECTION 6-291 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO ALIGN WITH ST ATE LAW? COMMITTEE: P ARKS RECREATION & PUBLIC SAFETY MEETING DATE: 8/1412007 CATEGORY: o Consent o City Council Business [8J Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: JENNIFER SNELL DEPT: Law .....m.......__....m.m..._...........___~__.......__....m.....m._.__.....~._..._...._.._.._....._.._...._........._m_.____........_.....__..._....~.._.._.._.._....._.._..m____._._.______'--'-""'-.-- Under FWCC 6-268(1), the City adopted RCW 7.80.160 in its entirety with the title "Fail to sign nontraffic infraction", the statute has since changed and it is no longer a violation to fail to sign a nontraffic infraction. Similarly, FWCC 6-291 adopted the text of the Disorderly Conduct statute, RCW 9A.84.030. The statute has since been amended to include fighting or "tumultuous conduct" in or around funeral activities. These changes would align these criminal code sections with state law and incorporating the state statute would be more efficient and not require further specific amendments of the code. Options Considered: Recommend approval of the proposed Ordinance and forward to full Council for first reading at the September 4, 2007 City Council meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. _..__._____________________}_~________~~_<?!.!h~__p~~p~sed_Q!:Q.~!lan~~_:___.__._ __._______.___.____________._ STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council for the first reading at the September 4, 2007 meeting. CITY MANAGER ApPROVAL: ~ C . e Council COMMITTEE RECOMMENDATION: Option I. DIRECTOR ApPROVAL: fttlL Committee Council Committee Member Committee Chair Committee Member PROPOSED COUNCIL MOTION: "[ move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) COUNCIL ACTION: o APPROVED o DENIED o TABLlWIDEFERREDfNO ACTlON o MOVED TO SECOND READlNG (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~-1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE XI, SECTION 6-268 AND ARTICLE XII, SECTION 6-291 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY. (Amending Ordinance Nos. 91-89,00-374,02-429,04-463, and 05-508) WHEREAS, among the responsibilities imposed on the City of Federal Way are those involving enforcement of ordinances proscribing violations of criminal laws adopted as a part of the Federal Way City Code; and, WHEREAS, the provisions of the Federal Way City Code include identification of certain criminal violations in its criminal code designed to provide for public safety within the City and to meet specific needs of the City; and, WHEREAS, the Federal Way City Code is at variance with state law with respect to the existence, substance, description, or procedure of certain crimes and consequences; and WHEREAS, the Legislature amended the crime of Disorderly Conduct to include intentionally engaging in fighting or "tumultuous conduct" in or around funeral activities; and WHEREAS, incorporating the state statute and all amendments, additions and deletions is more efficient than updating the Code with every change, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article XI, Section 6-268 of the Federal Way City Code is hereby amended to read as follows: ORD# , PAGE 1 E-2- 6-268 Obstructing justice, criminal assistance, introducing contraband and related offenses. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 7.80.160, Fail to sign nontraffic infraction Failure to exercise notice options of nontraffic infraction. (2) RCW 9.69.100, Withholding knowledge of felony involving violence - Penalty. (3) RCW 9.91.175, Interfering with search and rescue dog. (4) RCW 9A.72.010, Definitions. (5) RCW 9A.72.040, False swearing. (6) RCW 9A.72.060, False swearing - Retraction. (7) RCW 9A.72.070, False swearing - Irregularities no defense. (8) RCW 9A.72.080, Statement of what one does not know to be true. (9) RCW 9A.72.140, Jury tampering. (10) RCW 9A.72.150, Tampering with physical evidence. (11) RCW 9A.76.010, Definitions. (12) RCW 9A.76.020, Obstructing a public servant. (13) RCW 9A.76.030, Refusing to summon aid for a peace officer. (14) RCW 9A.76.040, Resisting arrest. (15) RCW 9A.76.050, Rendering criminal assistance - Definition ofterms. (16) RCW 9A.76.060, Relative defined. (17) RCW 9A.76.070, Rendering criminal assistance in the first degree. (18) RCW 9A.76.080, Rendering criminal assistance in the second degree. (19) RCW 9A.76.090, Rendering criminal assistance in the third degree. (20) RCW 9A. 76.1 00; Compounding. (21) RCW 9A.76.160, Introducing contraband in the third degree. (22) RCW 9A.76.170, Bail jumping. ORD# , PAGE 2 E-~ (23) RCW 9A.76.175, Making a false or misleading statement to a public servant. (24) RCW 9A.84.040, False reporting. (Ord. No. 91-89, S 1(9.32.030),3-5-91; Ord. No. 00-374, S 13,9-19-00; Ord. No. 02-429, S 9, 11-19-02; Ord. No. 04-463, S 6, 8-3-04; Ord. No. 05-508, S 3, 11-1-05) SECTION 2. Chapter 6, Article XII, Section 6-291 of the Federal Way City Code is hereby amended to read as follows: 6-291 Disorderly conduct. (a) A person is guilty of disorderly conduct ifhe or she: (1 ) Uses abusive language and thereby intentionally creates a risk 0 f assault; (2) Intentionally disrupts any lawful assembly or meeting of persons vlithout authority; (3) Intentionally obstructs vehicular or pedestrian traffic '.vithout lawful authority. (b) Disorderly conduct is a misdemeanor. RCW 9A.84.030, including all future amendments, additions or deletions is adopted by reference. (Ord. No. 91-89, S 1(9.34.010),3-5-91; Ord. No. 00-374, S 15,9-19-00) SECTION 3. 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 ofthe remainder ofthe ordinance, or the validity of its application to other persons or circumstances. SECTION 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. , PAGE 3 ORD# 13 - L-I SECTION 5. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HA THAW A Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDIN\2007\Criminal update 2007.doc ORD# , PAGE 4 e.-5 COUNCIL MEETING DATE: September 4,2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance To Add a New Section to Chapter 1, Article III of the Federal Way City Code (FWCC) to Authorize Enforcement of Code Provisions By Civil Infraction. POLICY QUESTION: SHOULD THE CITY COUNClL APPROVE THE PROPOSED ORDINANCE TO ADD A NEW SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE ENFORCEMENT OF CODE PROVISIONS BY CML INFRACTION? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 8/14/2007 CATEGORY: o Consent o City Council Business STAFF REPORT By: JENNIFER SNELL ~ Ordinance o Resolution o o Public Hearing Other DEPT: Law Police officers and code enforcement officers diligently work to enforce the provisions of the FWCC and whereas FWCC 1-13 provides that any violation of the code is a misdemeanor subject to civil penalties. By amending the code to provide for a civil infraction would give police and code enforcement another avenue in addition to misdemeanor and civil monetary penalties to enforce FWCC violations. Options Considered: 1. Recommend approval of the proposed Ordinance and forward to full Council for first reading at the September 4, 2007 City Council meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. 3. Reject the proposed Ordinance. ~'-'--~-"--"-------'-------'----'-"'--'---"---'----~---_._----_._------_....__._-_..._--_._--_.._._--_...---.--.-----...-- STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council for the first reading at the September 4, 2007 meeting. CITY MANAGER ApPROVAL: -IiI) ~ Council COMMITTEE RECOMMENDATION: Option DIRECTOR ApPROVAL: f t!ttee COWlcil Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval afOption (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~-\ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1, ARTICLE II AND ADDING A NEW SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE ENFORCEMENT OF CODE PROVISIONS BY CIVIL INFRACTION. (Amending Ordinance Nos. 89-14,90-68, and 99-342) WHEREAS, the Federal Way City Council is authorized pursuant to RCW 35A.11.020 to adopt and enforce ordinances relating to and regulating its local and municipal affairs and appropriate to the good government of the City; and WHEREAS, police officers and code enforcement officers diligently work to enforce the provisions of the City Code; and WHEREAS, pursuant to FWCC 1-13, any violation 'of the code may be a misdemeanor punishable by a fine of up to $1,000 and up to ninety (90) days in addition to civil penalties ; and WHEREAS, in the interest of justice, certain violations ofthe FWCC do not rise to the level of a criminal violation; and WHEREAS, adding a provision that allows police officers or code enforcement officers the authority to enforce violations with a civil infraction where the violation does not rise to criminal conduct is in the interest ofthe health, safety, and welfare of the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD# ,PAGE 1 F-L-. SECTION 1. Chapter I, Article II, Section 1-13, of the Federal Way City Code shall be amended to read as follows: 1-13 General penalty. (a) Unless otherwise provided, any person violating any ofthe provisions or failing to comply with any of the mandatory requirements 0 f this Code or any ordinance 0 f the city, or any rule or regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except in cases where a different punishment is prescribed by this Code or any ordinance of the city, any person convicted of a misdemeanor under this Code or the ordinances of the city shall be punished by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days or by both such fine and imprisonment. (b) This section shall not preclude and shall be deemed to be in addition to administrative and civil remedies as may be set forth in this Code or ordinances of the city, including but not limited to FWCC 1-14 through 1-2~2. (c) Each and every day during any portion of which a violation of any of the provisions of this Code or the ordinances of the city is committed and continues shall be deemed to be a separate offense. (Ord. No. 89-14, 9 1, 12-19-89; Ord. No. 90-68, 9 1,7-10-90; Ord. No. 99-342,93,5-4-99) SECTION 2. A new section is added to Chapter 1, Article III, Civil Enforcement of the Code, ofthe Federal Way City Code to read as follows: 1-25 Code violations desi2nated as civil infractions. Unless otherwise provided. any person violating or failing to comply with the provisions of the Federal Way City Code, may be issued a civil infraction citation pursuant to FWCC 1-24. Each civil infraction shall carry with it a monetary penalty of $1 00.00 for the first violation. $200.00 for a second violation of the same nature or a continuing violation, and $300.00 for a third or subsequent violation of the same nature or a continuing violation. SECTION 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ORD# , PAGE 2 F-:3 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2007. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordinance\2007\Code Enforcement Infraction 080107.doc ORD# , PAGE 3 F -~ COUNCIL MEETING DATE: 21,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Red Light Photo Enforcement POLICY QUESTrON: To increase public safety through traffic enforcement of traffic laws associated with red light traffic signal violations, should the City approve a 1 year Pilot Program for red light photo enforcement? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETrNG DATE: August 142007 CATEGORY: IZI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: Connie E. Traffic Lieutenant DEPT: Police Department Attachments: I. PRHS&PS Memo - from February 1,2007 2. PRHS&PS Memo - Review in 6 months - Survey results - dated August 14,2007 Options Considered: 1. Accept proposal of adopting 1 year Pilot Program for red light photo enforcement in the City of Federal Way 2. Reject proposal STAFF RECOMMENDATrON: Staff recommends Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Committee Council COMMITTEE RECOMMENDA TrON: PRPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTrON: HI move approval of adopting a 1 year Pilot Program for red light photo enforcement, to reduce motor vehicle collisions. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNClL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READlNG (ordinances only) REVISED - 02/0612006 COUNClL BILL # 1 ST reading Enactment reading ORDlNANCE # RESOLUTION # c...,-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE ST AFF REPORT August 14, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager (!jJ Brian Wilson, ChiefofPohce FROM: Connie Shupp, Acting Commander SUBJECT: Review in 6 months - Survey results Memo - August 14, 2007 DATE: TO: VIA: Red Light Photo Enforcement - Pilot Program - attached - February 1,2007 At the request of the committee, several surveys were implemented to capture a sense of feelings or beliefs that the citizens of Federal Way had about the implementation of a one year pilot program. Several surveys were implemented in May which included: an on- line survey, a written questionnaire and a designated phone line. An informative article was published in the local newspaper that shared much of the proposal information that was provided to the committee in February, additionally the proposal was available on the city web site. Each survey was conducted differently to capture a wider range of audience: . Of the 174 citizens that filled out a questionnaire at the Saturday Farmers market, 148 (85%) were in favor of a one year Pilot Program and 26 (15%) were opposed. The written questionnaire had a variety of 10 questions that gave citizens an opportunity to express why they were in support or opposed to Red Light Photo Enforcement in our city. The reasons for opposition ranged from invasion of privacy, to the increase in rear end collisions. . Of the 383 votes that were cast on the on-line survey, 260 (68%) were in support and 123 (32%) were opposed. The February proposal was attached for the citizen's review. . Due to the limitations of a designated phone line, citizens simply expressed their support or opposition to Red Light Photo Enforcement. Of the 25 individuals that called in, 21 (84%) were in support and 4 (16%) opposed. A simple combining of the results, would be 429 (74 %) in support and 153 (26 %) opposed. In June, an additional online survey was requested and implemented by MIS for 12 days, which received 1460 cast votes, 844 (58%) in support and 616 (42 %) against a red light photo enforcement pilot program. This survey had no restrictions of how many times a individual could vote and the documented results grossly reflect repeated votes being cast presumabl:y by the same persons casting numerous votes at one time. Prepared by: Acting Commander Connie Shupp [-,-'2- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: August 14, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager ~ Brian Wilson, Chief of Police Connie Shupp, Acting Commander FROM: SUBJECT: Red Light Photo Enforcement - Pilot Program - February 1, 2007 Review in 6 months - Survey results memo attached - August 14,2007 Backeround - same information as the Februarv 1, 2007 Committee meetine. Recently in the State of Washington, the use of electronic photo images to combat traffic collisions resulting in personal injury and property damage has been researched and implemented in several municipalities. In addition to reduction of collisions in intersections, another benefit that city officials are seeing is an overall favorable approval from citizens due to enhanced traffic flow, a reduction in traffic collisions and overall increase traffic safety for the community. Our police department, like others across the country and in the region is battling issues including budgetary concerns and the availability of human resources to accomplish the increased demands from the citizenry. Our city's growth has added immeasurable traffic loads causing congestion, placing our motorists at greater risk, demanding an increase for traffic enforcement. It is prudent for us to look into and research other means of enforcement in the area of technology. It is my belief that Red Light Photo Enforcement is a viable solution. The city of Seattle implemented a Red Light Photo Enforcement pilot program earlier this year, after conducting lengthy research. Since the implementation and success of the pilot project, the technology is being expanded to additional intersections in the city. Several other cities, including Auburn, Lynnwood, and Lakewood have implemented a similar program and Redmond, Renton, Spokane, Puyallup and Lacey are all in the research stage, and are strongly considering implementing a similar program like Seattle's. Brief Overview Unlike random camera surveillance, photo enforcement is intended to capture a photo of the violation and license plate of the vehicle violating the law, capturing a specific vehicle as a result of a specific illegal action. The installed digital cameras would capture a photo of the violation, and the rear license plate as well as a 12 second recording of the violation, capturing the vehicle 1 L..,-5 prior to and through the intersection. Once the violation is captured and processed, the images are provided to the police department for review. A representative of the city must approve all violations to verify the violation and authorize the issuance of the infraction. The violator can also review the violation on-line, which would include photo images and the video, which reduces the number of challenges the court would handle. Research Relatine to Red Lieht Photo Enforcement ~ Intersections are dangerous and costly to the city . Nationally 44% of injury crashes occur at intersections (National Highway Traffic Safety Administration) . The Insurance Institute of Highway Safety research shows that motorists are more likely to be injured in crashes involving red light running than in other types of crashes, such as rear end collisions. Occupant injuries occurred in 45 percent of the red light running crashes, compared with 30 percent for other crash types. . Red light running is the leading cause of urban crashes according to the Insurance Institute of Highway Safety. . Intersection accidents take up a disproportionate amount of police department staffing hours due to detailed reports, lengthy investigations, record management and disbursement of reports. . Intersection violations are the most difficult traffic violation for police to identify and apprehend due to lack available resources and the safety risk to the officer. . The highest number of traffic accidents in our city, occur at or near intersections. . Some research suggests that implementing red light photo enforcement may contribute to increase incidents of rear end collisions: however, the collisions are generally minor in comparison to side impact intersection collisions. . National Institute of Traffic Safety and Federal Highway Administration data demonstrate these types of programs reduce intersection violation collisions and deaths dramatically. . Of the 2,256 collisions that occurred in our city in 2005, 63 or 2.8% were side impact collision that occurred in a signal controlled intersection. In the first 10 months of 2006, ofthe 1,621 collisions, 43 or 2.6% were side impact collisions in signal controlled intersections. . A common complaint that the city administrators and the Police department receive is the congested traffic flow in the city, due in large part to the blocked intersections and red light running. . Traffic Accidents are routinely in the top five "calls for service" each month. . This type of program will also aid as an investigative tool when a traffic accident occurs due to a red light violation, because it will be recorded L,-y 2 . A 2 hour sample survey at the intersection of S. 348th and Enchanted Parkway, between 1600 and 1800 hours for all westbound traffic, including turning southbound onto Enchanted Parkway, identified 7 violations. When targeted by 2 . motorcycle officers, half of the motor unit, 4 infractions were observed, but due to safety, only 3 violators were stopped and cited. While out of position, other violations could not be observed. This survey does not include the other lanes of travel going North and South on Enchanted, or eastbound on S. 348th. ~ Photo enforcement programs work: . New York City, since 1994 (the longest running program in the United States) reports a 72% reduction in violations, 41 % reduction in collision, and a 35% reduction in fatalities. . San Francisco, Los Angeles, Dayton, Albuquerque - and dozens of other cities across the United States report substantial drops in violations and serious intersection accidents. . U.S. Dept. of Transportation's Federal Highway Administration reports: Red light running violations decreased by as much as 60 percent at intersections where cameras automatically enforce the law. . Locally, in the city of Seattle, after a pilot program implemented in July at just 4 intersections, and 2 more added in October, over 5,500 citations have been mailed since implementation . In Seattle, the challenge rate of 10% to 14% is actually lower than the challenge rate of other moving violations. This is believed to be due to the violators can view a 12 second film clip of their violation on the internet. ~ The public has demonstrated support for these type of programs: . A National Harris Poll in 2001 reported that 78% of the public wanted greater intersection safety. . The Insurance Industry for Highway Safety reported that cities with red light programs scored between 77% and 84% consumer approval ratings. . Local polls in Texas, California, Arizona and Ohio confirm that the public is supportive of creating safer intersections. . According to a Federal Highway Administration study, which looked at 132 intersections in seven jurisdictions, there was a 25% decrease in total right-angle accidents, a 16% decrease of injury right-angle crashes. . Several cities have reported that overall accident rates have gone down throughout the city, even at intersections that do not have red light photo enforcement referred to as the "halo effect." L ..,- :7 3 ~ Red light programs are cost effective: . There is no installation or start up fees, service or maintenance costs - one flat monthly service fee per monitored approach only. . At a $101.00, it would take less than 2 paid violations per day, per approach for the program to be cost neutral. . The Federal Highway Administration researched a series of cities that have had red light programs for several years, and reported: The average red light camera location in the U.S. results in a $38,000 a year in reduced societal costs, for each intersection, not to mention the numbers of lives and grief saved from fewer right- angled crashes. . Several companies provide all the software and training, working directly with Traffic Engineers, Court Personnel, Records and Police. Vendor Review (alphabetical order) American Traffic Solutions (A TS) Based in Scottsdale Arizona, their product designs are the state of the art technology_ ATS has been a recognized design leader of safety camera technology and software solutions for the photo enforcement industry since 1987. ATS principals implemented many of the first photo enforcement programs across the United States. Their new system is the smallest, and most powerful in the industry. The control cabinet dimensions are only 22x20x18 and can be mounted on existing poles, and the processor is fully solid state. The camera system is a powerful 12.4 mega pixel digital which can identify the violation and get the place with a single image - critical for prima facie evidence. A 12 second video clip is included with the still photos. *The cities of Seattle and Lynnwood have signed contracts with ATS, with the neighboring city of Renton in a contract finalization phase. The city of Lakewood is currently in finalization a contract with ATS, after being with a different vendor for several years. Nestor Traffic System Nestor Traffic Systems, based in Providence, R.I., provides video-based monitory system. Extended mast arms are used due to the video based technology. Nestor advised they are in the process of transitioning to a digital based system for license plate photographs, but have no definitive data at this point. Reference data show low validation rates, but they claim the new cameras will ensure a higher clarity of photographs, with better physical evidence for court adjudication purposes. This system uses multiple cameras, requires substantial lighting units, and a large controller box at the intersection. C"\- (, 4 Redflex Traffic Systems Redflex is an established company out of Scottsdale Arizona, with nearly 20 years of experience in photo enforcement, and is a major provider of red light programs. They use multiple cameras, packed into a single intersection box - requiring separate cameras to sync to identify the violation and the license plate. These photos must be matched by a Redflex processor to confirm the plate and vehicle match, which has caused errors matching plate and vehicle. A 12 second video clip to validate the violation is included. A road side cabinet is required. *The city of Auburn recently entered into a contracted with Redflex. Summary ~ When proper public education is provided, communities welcome the added traffic enforcement benefit that provides more public safety and enhances traffic flow. ~ The growth of our city has added immeasurable traffic loads causing congestion, placing our motorists at greater risk, demanding an increase in traffic enforcement. ~ Red Light Photo Enforcement is a viable solution for many municipalities in the country and in our region, relying more and more on technology to improve community safety and satisfaction. ~ Research has shown that motorists are more likely to be seriously injured in crashes involving red light running than in other type of collisions such as rear end collisions. ~ Intersection violations are very difficult to enforce for police officer. It presents a significant safety risk to the police officer in comparison to other types of traffic enforcement ~ Intersections with Red Light Photo Enforcement will significantly reduce the number of complaints to city departments about vehicles running red lights and blocking congested intersections. ~ The Red Light Photo Enforcement technology will work 24/7, non-discriminatory and far more efficient and effective than police or traffic officers working the intersection. ~ With limited resources available, this innovative technology is an effect tool for protecting citizens and property. ~ Research has shown that the public favor creating safety intersections and with the advancement in technology, more accepting to photo enforcement technology. ~ There are several vendors providing this technology and reliable companies have been identified. ~ Cities with Red Light Photo Enforcement show a collision reduction throughout the city, due to the overall impact on driving behaviors of all drivers. ~ The Red Light Pho~o Enforcement is cost effective. . . L .--l 5 Recommendations ~ I recommend that the City of Federal Way implements a Red Light Photo Enforcement "pilot program" for one year, at 2 of our most heavily traveled intersections, which also have high number of traffic accidents in the vicinity. After a year or prior to, a joint analysis is conducted to evaluate the impact, affect and benefit of the pilot program. :> I recommend when a decision is made to implement the program in our community, all impacted or vested parties, including but not limited to representation from Legal, Public Works, Courts, Police, Finance, City Council and MIS, to participate in a study committee to further research and understand the capabilities and impacts. The committee either recommends moving forward or to discontinue and further research. If this endeavor is continued, committee members contact vendors, conduct product reviews, participate in product presentations, make site visits, and makes a vendor recommendation. :> I recommend that the city enters into a contract with American Traffic Solutions, which provide a "turn key" program, a proven track record, readily available technicians, responsive company representatives, and a $1,000 cost reduction per approach when added to the current Seattle contract. :> I also recommend that any revenue generated from this program is used to further enhance and increase Traffic Safety Enforcement and Traffic Education with the city. CI-~ 6 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: August 14, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager r!!iJ Brian J. Wilson, Chief of Police SUBJECT: Less lethal weapon system for patrol, 40mm launcher Informational Only Police officers are trained to use weapons and tools to protect themselves and others, and to apprehend and/or restrain criminal suspects. The tools, weapons and methods range from empty hands to firearms, giving officers options from verbal persuasion to lethal force. Electronic control devices (Le., Taser) give officers some standoff distance when dealing with hostile subjects. Nationwide, use of the Taser has dramatically increased officer safety and decreased injuries to suspects. FWPD has experienced several incidents in which, were it not for the availability of the T aser, armed or similarly dangerous subjects may have been shot by police with firearms as part of the resolution. Unfortunately, even the T aser has limitations. For one thing, current technology limits its effective range to less than 25 feet, which is usually too close when dealing with an armed person. Federal Way PO is acquiring a weapon system for patrol officers that will extend officers'less lethal reach to 100 feet. The 40mm launcher (some agencies use 37mm) is a less lethal weapon system that has been in law enforcement for decades. Typically its use has been on special teams, such as SW AT (Special Response Team) and riot control (Civil Disturbance Unit). Some law enforcement agencies have chosen to convert 12-guage shotguns into less lethal impact weapons for patrol officers (using special "bean bag" or "sock-stabilized" rounds) in order to increase less lethal distance capabilities. However, nationally there have been some tragic instances of mixing ammunition, where officers fired lethal 12-guage rounds at subjects when lethal force was not justified. FWPD will avoid such confusion by purchasing 40mm launchers. The intent is for each patrol squad to have immediate access to one. As a less lethal weapon it is more effective than the 12- guage shotgun. When used as an impact weapon, training is similar to what is already taught for police batons. Familiarization and qualification will be conducted yearly for the officers who are selected to use these weapons. \-\-1 1 COUNCIL MEETING DATE: August 21, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Law Enforcement Terrorism Prevention Program (LETPP) FFY 06 Grant POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department acceptfundingfor a bomb disposal robot in order to maintain national accredited Bomb Disposal Unit? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: Aug. 14, 2007 CATEGORY: rgj Consent o City Council Business o Ordinance D Resolution o D Public Hearing Other STAFF REPORT By: A. Allen / Commander Steve Neal DEPT: Police Department Attachments: 1. PRHS&PS Memo Options Considered: 1. Accept Funding 2. Reject Funding STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL:' DIRECTOR ApPROVAL: Council Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to accept the funding provided by the King County Sheriff's Office and the LETPP FFY 06 Grant to fund a Bomb Robot. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # :t. - I CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: August 14, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager W Brian J. Wilson, Chief of Police SUBJECT: Law Enforcement Terrorism Prevention Program (LETPP) FFY 06 Grant Back2round . The King County Sheriffs Office applied for and received the LETPP Grant for support of Region 6 Bomb Disposal Units. The Sheriffs Office selected the Federal Way Police Department to receive funding for the Remotec Andros F6A Hazardous Duty Mobile Robot. The funding for the robot and associated training is $206,337. The Federal Way Bomb Disposal Unit is an accredited bomb squad and a first responder to CBRNE incidents. It is also a back-up unit for the Pierce County Sheriffs Office, the Tacoma Police Department, King County Sheriffs Office, Port of Seat tie Police Department, Bellevue Police Department, the Seattle Police Department, and the Washington State Patrol. It is also a mutual aid response element for the FBI and A TF. The national standard requires that all bomb squads have a robot by 2009. Utilization of a robot is a life safety tool, where risking human life is impossible or unacceptable, i.e., explosives handling, nuclear surveillance, HazMat/WMD response and some SW AT operations. The robot has been ordered and is due to arrive in late August or early September 2007. '"J--L 1 COUNCIL MEETING DATE: August 21, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: BearCat Armored Vehicle for the Valley Special Response Team POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department Purchase, with other Valley SRT Agencies, a BearCat Armored Vehicle? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: August 14, 2007 CATEGORY: [gj Consent D City Council Business D Ordinance D Resolution o D Public Hearing Other DEPT: Police Department ~!~!!~_!!~!,Q~!_~X:__!--Y!!~!t.<::_A:_AIJ_~~(gg!!l~l;l~~~E_~Y~~_~~~P.t~~ Attachments: I. PRHS&PS Memo 2. Valley SRT Memorandum, July 25,2007. Re: Acquiring a BearCat Options Considered: 1. Accept the joint purchase of a BearCat Armored Vehicle by Valley SRT Agencies 2. Reject Purchase ..... ........_........_".._.....nm......................H.................__n............_....._m........H..H....._...__..._....__.-..-.-. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: ttee Cowlcil Council Committee COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Member Committee Chair Committee Member PROPOSED COUNCIL MOTION: HI move approval of the purchase of a BearCat Armored Vehicle by the Valley Special Response Team. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDfNO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~-l CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: August 14, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manage~ Brian J. Wilson, Chief of Po V SUBJECT: BearCat armored vehicle for the Valley Special Response Team Back2round Federal Way PO participates with six police departments on the Valley Special Response Team (VSRT) for special tactical operations, i.e., SW AT services. For the past 5-6 years VSRT has used surplus military vehicles, specifically a 1981 Peacekeeper (and, to a lesser extent, a V-150), for transporting officers into dangerous situations against armed and hostile suspects. The V-150 is not conducive to quick load/unloading of personnel. The Peacekeeper is about the size of a mini van and is covered with protective armor. When it was built, the protective armor was rated to stop most handgun bullets and some small caliber rifle bullets. During the past 12 months, VSRT has spent nearly $20,000 on vehicle maintenance to keep the Peacekeeper running and operable. Being more than a quarter century old, we anticipate spending thousands each year to maintain the vehicle. Nationally the SWAT industry standard is upgrading to vehicles with armor capable of stopping larger caliber rifle rounds, and capable of transporting more people. In our region, Seattle, Tacoma and King County (soon to be Bellevue) have acquired Lenco armored vehicles known as the Bear (King County and Tacoma) or BearCat (Seattle and Bellevue). These vehicles are currently in use by other SWAT teams around the country. Valley SRT is positioning to purchase a BearCat. The cost for the fully outfitted vehicle is about $260,000. Because the majority of tactical operations in which VSRT deploys are directly related to illegal drug enforcement, the proposal is to fund the BearCat purchase from drug asset forfeiture monies. Each city's share will be approximately $48,000. Delivery is expected six months after an order is placed. -=S-... L 1 Valley SRT Memorandum July 25, 2007 Re: Acquiring a BearCat Executive Board: Aubum PO Chief Jim Kelly - Chair Des Moines PO Chief Roger Baker Federal Way PO Chief Brian Wilson Kent PO Chief Steve Strachan Port of Seattle PO Acting Chief Gale Evens Renton PO Chief Kevin Milosovich Tukwila PO Chief Dave Haynes SRT Commanders: Aubum PO WiI Lathrop Des Moines PO Federal Way PO Kyle Sumpter - Lead Kent PO John Pagel Port of Seattle PO John Eliadis Renton PO Katie McClincy Tukwila PO Mike Villa 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 Phone: 253-835-6712 For the past six years VSRT has used surplus military vehicles, specifically a 1981 Peacekeeper (and, to a lesser extent, a V-150), for transporting officers into dangerous situations against armed and hostile suspects. The V-150 is not conducive to efficient unloading of personnel, nor for loading of fallen/wounded people. The Peacekeeper is about the size of a mini van and is covered with protective armor. When it was built, its protective armor was rated to stop most handgun bullets and some small caliber rifle bullets. During the past 12 months, VSRT has spent nearly $20,000 on vehicle maintenance to keep the Peacekeeper running and operable. Being more than a quarter century old, we anticipate spending thousands each year to maintain the vehicle. Nationally the SW AT industry standard is upgrading to vehicles with armor capable of stopping larger caliber rifle rounds, and capable of transporting more people. In our region, Seattle, Tacoma and King County (soon to be Bellevue) have acquired Lenco armored vehicles known as the Bear (King County and Tacoma) or BearCat (Seattle and Bellevue). These same vehicles are currently in use by other SWAT teams around the country. During the past two years Valley SRT has made several inquiries into availability of grant funding to acquire a Lenco vehicle. Each time we've been informed that there is no such funding available; at least, not any more. This memorandum is to officially request the purchase of a Lenco BearCat for Valley SRT. The cost for an outfitted vehicle will be about $260,000, depending on the cost of options at the time we place the order. Because the majority of tactical operations in which VSRT deploys are directly related to illegal drug enforcement, I propose funding the BearCat purchase from drug asset forfeiture accounts. Split six ways, each agency's share will be approximately $43,333. (If Des Moines participates, each share will be $37,142.) The next page specifies the model and options we request with this vehicle. :f-3 . Page 2 July 31, 2007 Lenco BearCat; 4-wheel drive, rotating hatch; counter balanced; with the following options (item # in parentheses): . Run-flat tires, set of 6 (BCRF6) . Roof mounted remote control spot light, 4 (BCRCSl) . Rear Auxiliary AC/heating system (BCAC) . AC-DC power inverter, 3,600 watt w/battery charge feature (BCPINV36) . Electric power winch (BCWNCH) . Radio prep package, 1 unit (BCINSRA) . Light bar prep package (BCllB) . Whelen edge light bar, installed (BCWElB) . VSP style low profile & scene lighting package (BCVSPl) . . Ballistic skip round shield, 1 (BCBSRS) . VSP police style turret-tower w/gunport (pneumatic lift hatch) (BCVSPT) . Back-up camera system with monitor (BCBU) . Thermal image & color camera wlflat screen color monitor (BCTI) . Spare tire with run-flat (BCSTRF) Respectfully submitted, 10fe Sumpter Team Commander -:S-'1 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: August 14, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager~ Brian J. Wilson, Chief of Police SUBJECT: Long Term Jail Options Informational Only Historically the City of Federal Way has contracted with other governmental agencies to provide bed space to house misdemeanor inmates. With the impending King County DAJD contract termination; members ofthe Federal Way Police Department have participated in planning exercises with the Jail Administrative Group (JAG). Along with the planning exercises managed by the JAG, the department began its own Jail Options Committee. The internal committee has evaluated several options and has narrowed them down to three that are the most operationally sound. The PowerPoint presentation will outline the following: . 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