Loading...
PRHSPSC PKT 09-11-2007 City of Federal Way CITY COUNCIL P ARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Tuesday, September 11, 2007 5: 15 p.m. City Hall Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF AUGUST 14, 2007 SUMMARY 5. COMMITTEE BUSINESS A. Federal Way Security System - Award Bid for Intrusion Detection System Action B. 2007 PSE Conservation Grant Acceptance Action C. Courtroom Pew Replacement Action D. Arts and Conference Center Feasibility Project Action E. Proposed Ordinance to Prohibit the Furnishing of Aerosol Paint Cans, Paint Sticks and Broad-Tipped Markers to Minors and Refine The Definition of Graffiti Tools Action F. Proposed Ordinance to Add a New Section to Chapter 1, Article III ofthe Federal Way City Code (FWCC) to Authorize Code Enforcement to Issue Civil Infractions for Code Violations Action 6. PENDING ITEMS · Park Impact Fees · Sheltering Programs and Services 7. NEXT MEETING - October 9, 2007 5:15pm - Hylebos Conference Room 8. ADJOURNMENT Sanders Ikerd Ikerd Wang Snell Snell 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 PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday August 14, 2007 5:00 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member Linda Kochmar; Jenni Snell, City Attorney, Chief Brian Wilson, Deputy Chief Hwang, Acting Commander Shupp, Commander Sumpter, Jail Coordinator Jason Wilson, Public Safety Department, Donna Hanson, Director PRCS, Angelina Allen-Mpyisi Human Services Manager, Kelli O'Donnell, Human Services, Lynette Allen, Administrative Assistant II. Guests: Nathan Brown Federal Way Senior Center, Doug Johnson Federal Way Community Caregiving Network, Human Services Commissioner Robert Wroblewski Chair Burbidge called the meeting to order at 5:06p.m. It was agreed that the meetings will start at 5: 15pm PUBLIC COMMENT None COMMISSION COMMENT None APPROVAL OF SUMMARY Deputy Mayor Ferrell moved to approve the July 10 meeting minutes as written, Council member Kochmar seconded. Motion passed. BUSINESS ITEMS 2007-2008 Communitv Development Block Grant Prol!ram Ms. O'Donnell provided the background information. Ms. O'Donnell stated that all of the public service projects that were funded for 2007-2008 are performing adequately. They are proposing to continue those contracts thru 2008. An estimated total of funds to be available for 2008 are $558,345. Five applications for the Capital Projects were submitted. The applications were reviewed by the Human Services Commission. Ms. O'Donnell reviewed those applications with the Committee. The Capital Projects are the Kings Court Community Building Renovation and the Multi-Service Center. Ms. O'Donnell also reviewed the contingency projects. Commissioner Wroblewski stated that the Human Services Commission was in support of these programs. Chair Burbidge recused herself; she is involved with the Boys and Girls Club. Council member Kochmar moved to finalize the recommendation for the 2008 Community Development Block Grant Program, as presented that includes: Proposed funding levels for the 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. Deputy Mayor Ferrell seconded. Motion passed. Capacity Partnership Prol!ram - Status Report Ms. Allen-Mpyisi introduced Nathan Brown Executive Director of the Federal Way Senior Center and Doug Johnson, Board President of the Federal Way Community Caregiving Network. They are both recipients of the program. Mr. Johnson stated that this has been a wonderful experience, and the Caregiving Network has gained a great deal from this project. When they started the project, the Network was trying to understand how they could grow and support the community. They were provided with outstanding resources. Mr. Johnson stated that they came to the conclusion that the board would have to split into an operations group and a governing board. This is in progress, and going welL In the long-term this is going to be a great benefit to the City. Mr. Brown has been in his position for six months. He stated that if it had not been for the Capacity Partnership Program he would not have PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday August 14,2007 Summary Page 2 taken the job. He stated that the Federal Way Senior Center was at a crossroads and needed to change. The volunteer staff at the Center was aware of this, and wanted to change. With the help of the program, the By-Laws have been redone; the accounting structure has also been redone. They are also starting to work on a long range planning program. Council member Kochmar asked where the Federal Way Senior Center was going to go. Mr. Brown stated that they were trying to revitalize themselves and prepare for the "Baby boomer seniors". The center is set on 5-acres ofland, and has a very good relationship with the homeowners. Mr. Johnson stated that there is a huge need for additional shelters for the homeless. Council member Kochmar requested that this item be added to pending items. Chair Burbidge said they would like significant updates. Chief Wilson said that this is an opportunity to partner with other agencies to build more shelters. Second Amendment of the Interlocal Al!reement and Professional Services Contract for the Capacity Partnership Prol!ram Ms. AUen-Mpyisi provided the background information. She stated that both of these contracts expire this year. In regards to the Interlocal Agreement, Tukwila will be involved with the partnership through the end of September. They do not have additional resources to put in for a second year. The City of Burien wants to remain a partner, and they are adding additional resources. With the Professional Services Contract, they would like to continue working with Liz Heath because she has been with the program since inception, and has done really welL Deputy Mayor Ferrell moved to authorize the City Manager to approve the amended Interlocal Agreement and Professional Services Contract in support of the Capacity Partnership Program. Council member Kochmar seconded. Motion Passed. Proposed Ordinance to Amend the Criminal Enforcement Penalty Provisions of FWCC Chapter 1. Article III and Chapter 22, Article I. Ms. Snell provided the background information. The legal Department reviewed the code and discovered that the FWCC was different than the state law with respect to the penalties for certain misdemeanors. Deputy Mayor Ferrell asked if the Court had ever imposed our current fines. Ms. Snell answered that it is her understanding that this has not happened. Deputy Mayor Ferrell moved to recommend approval of the proposed Ordinance and forward to full Council for the first reading at the September 4, 2007 meeting. Council member Kochmar seconded, motion passed. Proposed Ordinance to Amend the Criminal Code of the City Of Federal Way to Reflect Recent Lel!islative Chanl!es Ms. Snell provided the background information. The statute has changed, and it is no longer a crime to fail to sign a non-traffic infraction. The Disorderly Conduct statute has also changed. The statute has changed to include fighting or tumultuous conduct in or around funeral activities. Deputy Mayor Ferrell moved to recommend approval of the proposed Ordinance and forward to full Council for the first reading at the September 4, 2007 meeting. Council member Kochmar seconded, motion passed. 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 be Civil Infraction Ms. Snell provided the background information. The code has been setup very clearly to articulate that any violation of the code is a crime. There are a lot of code enforcement violations where it would be easier to enforce as a Civil Infraction. Ongoing non-compliance would eventually trigger criminal liability. This will provide code enforcement more flexibility. There was a lot of discussion concerning with only giving civil infractions when a criminal action is necessary. When would the officer know to do civil or criminal infraction? Ms. Snell answered that this would be left to the discretion of the officer. The Committee agreed that they would like it more defmed on when it would be civil and when it would be criminal. Deputy Mayor Ferrell also asked that Code Compliance provide some examples on why they think this is important. The Committee would like this item to come back to the September PRHS&PS meeting with clarification. Deputy Mayor Ferrell moved to approve option 2, which is to suggest modifications to the proposed Ordinance and provide direction to staff. Council member Kochmar seconded, motion passed. Red Lil!ht Photo Enforcement PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday August 14,2007 Summary Page 3 Chief Brian Wilson and Acting Commander Connie Shupp (AC Shupp) presented the Red Light Photo Enforcement Pilot Program. Chief Wilson talked about what the Public Safety Department has done since this program was originally brought to the PR&PS Committee six months ago. Committee wanted more information on public opinion. Chief Wilson stated that they gained a great deal of information from the surveys that were conducted. Chief Wilson said that the main reason for the Red Light Enforcement is to enhance citizen safety, reduce the speed of vehicles coming into intersections, enhance citizen compliance and impact the efficiency of traffic flow. Improved traffic flow is an issue that is consistently raised. AC Shupp reviewed the surveys and their outcomes. There were a total of 582 people that participated in one of the available surveys. AC Shupp stated that most people need to be educated about how the system works. Chief Wilson stated that there have been concerns from citizens about revenue; is this just a revenue making idea for the city? He stated that the Department has no revenue attached to this program. The goal of this project is zero revenue - which equates to total compliance with the citizens. If there is revenue generated from this program, this is an indication of the extent of the problem at the two intersections. The goal is getting enhanced compliance at those intersections. Chief Wilson has spoken to City Manager Neal Beets regarding where the revenue should be re-invested into. The goal would be to re-invest in traffic safety and traffic related issues. This is a pilot project that would be limited to two intersections. After one year, a decision would be made on whether or not to continue this program. Council member Kochmar asked to add to the motion that if any revenue were received from this program that it goes back into traffic. The committee was very appreciative of the presentation and all of the hard work and research that has gone into this for the past six months. Council member Kochmar moved to accept the proposal of adopting 1 year Pilot Program for red light photo enforcement in the City Of Federal Way, and if revenue is made, it is recommended it go back into traffic enforcement. Deputy Mayor Ferrell seconded. Motion passed. Less Lethal Weapon System for Patrol. 40mm Launcher Chief Wilson presented. This tool has been successfully used by the SW AT team. This is a less lethal force option that is available to the tactical team. This weapon has many capabilities. It is used to deploy gas, and has the capability to use a sponge round, which can stun someone in a less lethal capacity. The Department is consistently looking at less lethal force options that are well rounded and have a great deal of success. The plan is to train officers on patrol. This is a less lethal tool that is very distinguishable from any other type offirearm. Chief Wilson has authorized the purchase of these weapons. They will be outfitting the patrol squad, and training the officers with these weapons. It gives them one more less lethal option. Law Enforcement Terrorism Prevention Prol!ram (LETPP) FFY 06 Grant Chief Wilson presented. This is a grant that is for the bomb unit. They are asking for approval to accept funding for a bomb disposal unit in order to maintain their Nationally Accredited status, as a bomb disposal unit. There are over 400 officially sanctioned bomb units across the country, and the City Of Federal Way is one of those units. By 2009 all certified bomb units are to have robot capabilities. This unit is valued at over $200,000. Deputy Mayor Ferrell moved to accept the funding provided bu the King County Sheriff's Office and the LETPP FFY 06 Grant to fund a Bomb Robot. Council member Kochmar seconded. Motion passed. BearCat Aromored Vehicle for the Vallev Special Response Team Chief Wilson presented. The Department is an active participant in the Valley Special Response Team (SRT). There are six agencies that are a part of the SRT. For the last 3 years Commander Sumpter has been the lead Commander of this group. There are 2 assets that are shared by the agencies. They are armored personnel carriers. These carriers are safety related for the personnel. One of the carriers is older and has had many maintenance problems. There is a proposal that all six jurisdictions are applying to use asset drug forfeiture funds to fund a replace~nt vehicle. Our share would be approximately $48,000. The Department does have the Federal asset forfeiture funds to pay for this. This is an officer safety issue. Council member Kochmar moved approval of the purchase of a BearCat Armored Vehicle for the Valley Special Response Team. Deputy Mayor Ferrell seconded. Motion passed. Deputy Mayor Ferrell asked where the vehicle would be stored. Chief Wilson answered that it would be stored in the most strategic spot available so that all agencies would have quick access to it. It will be in a secure facility. PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday August 14, 2007 Summary Page 4 Lonl! Term Jail Options Chief Brian Wilson and Jail Coordinator Jason Wilson presented the Long Term Jail Options. Chief Wilson informed the Committee that the jail issues are increasing and the Department is looking at options. Jason Wilson presented a PowerPoint presentation. The Jail Options Committee has been looking at two main issues; there is not enough bed space in King County to book and house misdemeanor arrestees and we are competing with multiple agencies across the state for what little bed space is available. At this time Fife City Jail is the primary location for new bookings. This is only a 30 day facility. We house about 12-18 inmates there daily. Mr. Wilson reviewed what other jails that the Department uses to house inmates. The Committee has determined that the following ideas are their most feasible options: Build a Valley Com model jail, Build a jail with Auburn, or Build a stand alone facility in Federal Way. Mr. Wilson reviewed each option with the Committee. Deputy Mayor Ferrell stated that there is a great deal of merit to the Score Facility, but he would like to look into the City Of Federal Way getting its own jail. Chief Wilson stated that it is preliminary for the Public Safety Department to make a recommendation, because there are so many variables. They wanted to inform the Council Committee what they are considering. Deputy Mayor Ferrell stated that he would like to know how the members of SCORE would pay for the facility vs. how much it would cost the City Of Federal Way to house our own prisoners in our own facility. Operational costs would also need to be reviewed. NEXT MEETING - September 11,20075:15 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 7:30p.m. COUNCIL MEETING DATE: September 18, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY SECURITY SYSTEM- AWARD BID FOR INTRUSION DETECTION SYSTEM POLICY QUESTION: Should installation of the intrusion detection security system be awarded to RFI Communications & Security Systems? COMMITTEE: PRHS&PS MEETING DATE: Sept. 11,2007 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: B SANDERS DEPT: Parks, Recreation & Cultural Services ..............---...............--.......--......__..............___ ..................._..__._..___........_._....__................__............__.....__.___...._......_..._._........................_ ..........................m.................. ....._........_................................._.__....__...._...._...h_h_................. _.....__......................__...._............__.......... The City publicly advertised a Request for Proposals (RFP) for the Community Center Security System Install project on June 19,2007. The RFP included two components: 1) An Intrusion Detection System - to alert in case of a break-in through windows or doors; and 2) A Video Monitoring System - to include video cameras throughout the building and parking lot, and monitoring stations in the Community Center administrative area and Public Safety department. Project Budget: The 2007 Carry Forward Budget established a budget of $160,000 for a security system for the Federal Way Community Center. The components of this budget were estimated as follows: Design/Consultant Fees: Intrusion Detection System: Video Monitoring System: Total: $ 10,000 $ 35,000 $115.000 $160,000 Proposals Received: Proposals were requested in order to provide the City with the most latitude for selecting the best qualified vendor and proposed products in a rapidly changing field. Three proposals were submitted on the project. The proposed fees, (without Washington State Sales Tax), are as follows: Vendor Intrusion Video Monitoring Total Detection (CCTV) ProtectionTech None submitted $189,253 $189,253 (one system only) RFI Communications & $ 39,702.44 $152,953.92 $ 192,656.36 Security Systems Siemens Building $ 36,474.80 $137,184.64 $ 173,659.44 Technologies None of the proposals was within the $150,000 budget that has been established for the installation, therefore it is recommended that only the Intrusion Detection system be awarded for security at the Community Center at this time. The Video Monitoring design will be reduced in scope to bring the total project within budget. Although Siemens Building Technologies submitted the lowest price for the Intrusion Dectection component, their proposal did not include information requested in the RFP about technical expertise with some of the latest 1\-\ technology. Therefore, the staff recommendation IS to award the Intrusion Detection System to RFI Communications & Security Systems. RFI Costs: Intrusion Detection System: W A State Sales Tax (8.9%): $ 39,702.44 $ 3,533.52 $ 43,235.96 $ 4,323.60 / $ 47,559.56 /' 10% Construction Contingency: Total, Intrusion Detection: Remaining Budget for Re-design and Video Monitoring: Total Available: $ 160,000.00 Minus Intrusion Detection: - $ 47,559.56 Remaining Amount Available: $ 112,440.44 Options Considered: 1. Award bid to RFI Communications & Security Systems. 2. Do not award bid. STAFF RECOMMENDATION: Staff recommends awarding the Intrusion Detection System to RFI Communications & Security Systems and redesigning the video monitoring system to be within the remaining available budget. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to award the Intrusion Detection System to RFI Communications & Security Systems. The contract award shall be for $43,235.96. A 10% construction contingency of$4,323.60 is established, for a total project cost of $47,559.56." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDmEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # Pr - '2- COUNCIL MEETING DATE: September 18, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 - PSE Conservation Grant acceptance POLICY QUESTION: Should the City accept the 2007 Puget Sound Energy Conservation Grant in the amount of $59,084? COMMITTEE: PRHS&PS MEETING DATE: September 11, 2007 CATEGORY: ~ Consent D City Council Business STAFF REpORT By: STEPHEN D Ordinance D Resolution D D Public Hearing Other DEPT: PRCS PARKS & FACILITIES MANAGER The City is working with three contractors to make HV AC improvements to City Hall totaling $118,168. This work will provide better controls and a redesign of one zone in the Police Dept. The redesign will allow two primary roof top units to be shut down into a night and weekend mode so they no longer operate 24-7. Due to the projected reduction in energy usage, PSE agreed to participate in this improvement project. Based upon their calculations they have committed $59,084 to be paid to the City in the form of a Grant. Attachments: None. Options Considered: NA STAFF RECOMMENDATION: Staff recommends Council accept the grant and authorize the City Manager to execute the grant agreement. DIRECTOR APPROVAL: To Council CITY MANAGER ApPROVAL. to Council COMMITTEE RECOMMENDATION: Forward the grant acceptance to full Council on September18 for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move to accept the 2007 PSE Conservation Grant in the amount of$59,084 and authorize the City Manager to execute the grant agreement. " (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 - 02106/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # \3- \ COUNCIL MEETING DATE: Sept 18,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COURT ROOM PEW REPLACEMENT POLICY QUESTION: Should the City authorize the replacement of Courtroom pews in two court rooms and the lobby and award a contract to Sauder Manufacturing Company to provide and install replacement pews? COMMITTEE: PRHS&PS MEETING DATE: Sept 11,2007 CATEGORY: [gI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~~J~~!Q~!_~y~~!~ph~~__~~I4,__R~!~_~I!4E.~~!!!!i~~_M~I!~g~!_ .....___..__ ._._.._~_~~.!~~~~~____.____...___.._____ The used hardwood pews in courtrooms 1,2 and the waiting area in the lobby are failing from age and use. The existing pews continue to separate at the seams and are not worth the repair cost to continue to keep them in a safe condition. A request for quote was sent to three Vendors and following are the results to replace 35 pews. Marshall- no bid Imperial- $35,610.30 Sauder - $ 37,836.01 Sauder Manufacturing Co. was the most responsive bidder meeting the minimum specifications. Imperial did not meet the minmum specification as they bid OSB chip board instead of the specified plywood core for seats and backs. Staff recommends awarding a contract to Sauder Manufacturing Co. to replace 35 used pews in the Federal Way Court in the amount of$ 37,836.01 including tax. Funding for this project has been identified in the 2007 carry forward account. Attachments: None. QI!!.~C!!1.!.~.~!!.sid~!~~~_~A:______________.________.___._______.___._______________.____________.________._ ST AFF RECOMMENDATION: Staff recommends Council authorize the replacement of Courtroom pews and to award a contract to Sauder in the amount of$37,836.01 to provide and install replacement pews. CITY MANAGER ApPROVAL DIRECTOR ApPROVAL: To Council to Council COMMITTEE RECOMMENDATION: Forward the authorization to full Council on Sept 18 to award a contract to Sauder Manufacturing Co. in the amount of $37,836.01 to provide and install replacement pews. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval to authorize the replacement of Courtroom pews and to award a contract to Sauder Manufacturing Co. in the amount of$37,836.01 to provide and install replacement pews. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 L-"\\ COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETlNG DATE: September l8, 2007 lTEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS AND CONFERENCE CENTER FEASIBILITY STUDY POLlCY QUEsnON: Should the City enter into negotiations with the preferred Consultant for the Feasibility Study? COMMITTEE: Parks, Recreation, Human Services & Public Safety Corrunittee MEEnNG DATE: September 11, 2007 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other D E ~!:<=i~Y~~!!':lg~(~_9f(i~~___ STAFF REPORT By: Iwen A TT ACHMENTS: Oral Interview Agenda for Sept. 7, 2007 OpnONS CONSlDERED: STAFF RECOMMENDA nON: A panel of community representati ves and staff will conduct interviews on September 7, and recommend 2 finalists to the Committee at their September II th meeting. Staff requests Committee approval to enter into negotiation and authorize e City Manager to execute the resulting agreement. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: II · \ . . Council ~ Council COMMITTEE RECOMMENDA nON: Forward the item to Council at their September 18th meeting to authorize the City Manager to enter into negotiation and execute the resulting agreement with either of the firms recommended. Jeanne Burbidge, Chair Linda Kochmar, Member Jim Ferrell, Member PROPOSED COUNCIL MOnON: "I PROPOSE THE COUNCIL AUTHORIZES THE CITY MANGER TO ENTER fNTO NEGOTIATION AND EXECUTE THE RESULTING AGREEMENT WITH EITHER OF THE FIRMS RECOMMENDED." (BELOW TO BE COMPLETED BY C1TY CLERKS OFFlCE) 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 # D-' ARTS AND CONFERENCE Cl<=NTER FEAS[BIUTY STUDY AND BUSINESS PLAN CONSULTANT SELECTION INTERVlEWS September 7, 2007 City of Federal Way Dumas Bay Center 3200 SW Dash Point Road. Federal Way, WA.98023 8:30 - 9:00 Selection Panel Discussion Panelists: Peggy LaPorte, City of Federal Way Arts Commission Dini Duclos, Mulit-service Center, Chamber Representative JoannPiquette, City of Federal Way Coalition for the Performing Arts Jeanne Burbidge, City of Federal Way City Council Dave Larson, Federal Way Public Schools Board Member Highline Community College Representative Mary Faber, City of Federal Way Recreation Superintendent Neal Beets, City of Federal Way City Manager Support Staff: Iwen Wang, Assistant City Manager, City of Federal Way Scott Pingel, ICMA Fellow, City of Federal Way 9:00 - 10:30 Charles H. Johnson IV, President, Johnson Consulting 10:30 - 12:00 Robert Bailey, Vice President, AMS Planning and Research 12:00 - 1 :30 Lunch 1:30 - 3:00 John F. Stevens, CEO, ArtsMarket, Inc. 3:00 - 4:30 David E. Bergman, Project Manager, Economics Research Associates 4:30 - 5:00 Selection panel rating and discussion The format for the interview will be a ten to fifteen-minute presentation first followed by a question and answer period. We anticipate each interview lasting about one hour. The selection interviews will be open to the public. If you have any questions or need directions to the Dumas Bay Center, contact me at (253) 835- 2401, or at scottp@citvoffederalway.com. You can also obtain directions from the City's web site at http://www.citvoffederalway.com/Page.aspx?page=559. Thank you for your participation, and see you Friday, September 7. Is/ D-l- 2 COUNCIL MEETING DATE: October 2, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance to Prohibit the Furnishing of Aerosol Paint Cans, Paint Sticks and Broad- Tipped Markers to Minors and Refine the Definition of Graffiti Tools POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO PROHIBIT THE FURNISHING OF AEROSOL PAINT CANS, PAINT STICKS AND BROAD-TIPPED MARKERS TO MINORS AND REFINE THE DEFINITION OF GRAFFITI TOOLS? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 9/11/2007 CATEGORY: D Consent D City Council Business IZI Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: JENNlFER SNELL DEPT: Law ........_.....___..__m..........__..__.h_.................................._._m..............__........._hmh............................_..h..__.....h.... ....m.... .........._..........._mm.....h.............. ._hm_.......................__......._ ................_......_......._............._........._._........__.....'''"''u'_''''_'"''"'''',,,",,,,__,,,,,_ ..............__.._._.._.......__ A substantial amount of graffiti in the City is perpetrated by persons under the age of eighteen. Prohibiting minors from possessing items most commonly used for graffiti, would significantly impede access to those items and likely reduce graffiti. Refining the definition of graffiti tools to clarify certain definitions should aid in the prosecution of these crimes and put the public on notice of what items are restricted. Options Considered: 1. Recommend approval of the proposed Ordinance and move for full consideration by Council at the October 2, 2007 meeting. ----.--.-.-----___.___________________~:__..____~~t~~!_!h~PE<?Q<?~~~.LQ~~~-'!~!l~_~_:_______________________________._._._.______.__.______ STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council for the first readin at the October 2, 2007 meetin . DIRECTOR ApPROVAL: fffrL Committee Council CITY MANAGER ApPROVAL: Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option (BELOW TO BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # f-\ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO PROHIBIT POSSESSION OF POTENTIAL GRAFFITI TOOLS BY MINORS AND AMENDING CHAPTER 10, ARTICLE III, SECTION 10-52 OF THE FEDERAL CITY CODE TO RFINE THE DEFINITION OF GRAFFITI TOOLS. (Amending Ordinance Nos. 94-208 and 07-551) 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 ofthe 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 City has defined "graffiti tools" to include pressurized canisters, paint sticks, or broad-tipped marker pens; and WHEREAS, refining the definition of certain graffiti tools would assist in the prosecution of the crime; and WHEREAS, the City has made it a crime to possess graffiti tools with the intent to commit graffiti; and WHEREAS, graffiti is a serious problem that is associated with gang activity, signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the citizens of Federal Way; and ORD# , PAGE 1 E-L WHEREAS, a substantial portion of graffiti is perpetrated by individuals under the age of eighteen; and WHEREAS, a majority of graffiti crimes are committed using aerosol paint cans, paint sticks and broad-tipped markers; and WHEREAS, prohibiting minors from possession of items most prevalently used as graffiti may reduce a substantial portion of graffiti and facilitate police enforcement, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article IX, Section 2-215 ~of the Federal Way City Code shall be amended to read as follows: 6-215 Graffiti. (a) Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, or possession of graffiti tools. (b) Graffiti Defined. A person is guilty ofthe offense of "graffiti" ifhe or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody ofthe property, or has prior consent ofthe owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (c) Aggravated Graffiti Defined. A person is guilty of the offense of "aggravated graffiti" ifhe or she has been previously convicted of "graffiti", or malicious mischief in the third degree, or a similar offense, and commits the offense of "graffiti". (d) Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession of graffiti tools" if he or she possesses a pressurized paint container defined under FWCC 10-52, indelible broad tip marker pen as defined under FWCC 10-52, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti.- , PAGE 2 ORD# E-S (e) Minor in Possession. It is unlawful for any individual under the age of eighteen (18) vears, who is not accompanied by a responsible adult, to possess a pressurized paint container or broad tip marker as defined under FWCC 10-52 in or upon a public place or private property, without the consent of the owner, lessee, or other person entitled to legal possession thereof. (e) ill Penalties. Unless otherwise provided, aAny person violating the provisions ofthis section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the amount of$50.00 per day of jail actually imposed; and in addition to this penalty, such person may in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of "graffiti," any and all graffiti inscribed thereon by anyone prior to the date of the execution of the sentence. In addition to any financial penalties under this section, any person found guilty of "aggravated graffiti" shall be punished by imprisonment of not less than five (5) days upon the first such conviction; imprisonment of not less than ten (10) days upon the second such conviction; and imprisonment of not less than thirty (30) days upon the third or subsequent convictions. SECTION 2. Chapter 10, Article III, Section 10-52 of the Federal Way City Code shall be amended to read as follows: 10-52 Definitions. (a) "Abate" means to remove or conceal graffiti by such means as is reasonably necessary and to otherwise bring a property into compliance with the City Code. (b) "Defacement" means any marring and includes but is not limited to any unauthorized writing, painting, coloring, carvi~g, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of any type that has been placed upon any property, through the use of means including but not limited to paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or damaging property. (c) "Enforcement officer" or "enforcement official" means any City code enforcement officer or other City officials designated by ordinance or by the City Manager for purposes of enforcing the provisions of this Article or provisions of other sections ofth~ ~ity Code or other laws of the City. (d) "Graffiti" means any defacement of property. ORD# , PAGE 3 E-l-) (e) "Hearing examiner" means the Federal Way hearing examiner and the office thereof. (f) "Marker Pen" means a broad tip indelible marker with a tip exceeding four millimeters at its diameter. (g) "Pressurized Paint Container" means any can, bottle, spray device, or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property. fBili} "Property" means real or personal property, both public and private, and includes but is not limited to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers, walls, fences, gates, signage, installations, improvements, and structures within the City. fgjill "Responsible Party" means an owner, a person acting as an agent for an owner, a person who has authority over the property, or a person responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, an owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular private property. Where there is more than one responsible party, notice to any responsible party shall be deemed to be notice to all. Where there is more than one responsible party, permission from any responsible party shall be deemed to be permission from all unless a specific objection is made by a non-consenting responsible party. (h) "Unauthorized" means without the prior express permission or consent of a responsible party. 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 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 and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 5. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. ORD# , PAGE 4 E-s 2007. PASSED by the City Council of the City of Federal Way this _ day of ATTEST: CITY CLERK, LAURA HA THAW A Y, CMC APPROVED AS TO FORM: CITY OF FEDERAL WAY MAYOR, MICHAEL PARK CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordinance\2007\graffiti minors 082107.doc ORD# , PAGE 5 6"~ COUNCIL MEETING DATE: October 2, 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 Code Enforcement to Issue Civil Infractions for Code Violations. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDlNANCE TO ADD A NEW SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE CODE ENFORCEMENT TO ISSUE CIVIL INFRACTIONS FOR CODE VIOLATIONS? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 9/11/2007 CATEGORY: D Consent D City Council Business ~ Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: JENNIFER SNELL DEPT: Law ...W.M....................__.......__....._...................________..................__............_........_...mmm..m.........._..........mn m..................__....... .........mm..................__..........._.........h............ .....h.._............................. .........mmm.......... ......h...... .......__......._h............ on ......._____..........._m......_m................_.._.......nmm........ On August 14,2007, this issue came before the Parks, Recreation, Human Services and Public Safety Committee for consideration as part of the criminal law update and code enforcement update to Chapter 1 of the FWCC. The Committee raised some questions regarding the application of the ordinance and the impact of the ordinance on other enforcement tools. To clarify, this civil infraction is intended solely as a code enforcement tool. Because it is exclusively a tool for code enforcement officers, the proposed Ordinance also went to the Land Use and Transportation Council Committee on September 10, 2007. The Civil Infraction Ordinance does not change the City's authority to issue a Notice of Violation and Order to Correct (NOV) or charge a person with a misdemeanor. The civil infraction ordinance merely gives code enforcement officers another tool to utilize when responding to code violations. Several area cities, including Kent, Tukwila and Burien have enacted civil infraction ordinances in addition to NOV s and misdemeanor enforcement tools. Those cities have found that civil infractions are the quickest, cheapest, and most cost effective method for obtaining compliance. Options Considered: 1. Recommend approval of the proposed Ordinance and forward to full Council for first reading at the October 2, 2007 City Council meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. __.._.__._..__.____._.______}_:.____~~t~~!J:he ~~p~~<iQ!~i!l:~!lce. _____.__________________.____________________________ STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council for the first readin at the October 2, 2007 meetin . CITY MANAGER ApPROV A . DIRECTOR ApPROVAL: PflJ( Committee Council Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "[ move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDfNO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # r- \ ~ CITY OF 4fI ~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: SEPTEMBER 11,2007 TO: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY FROM: MONICA BUCK SUBJECT: CIVIL INFRACTION ORDINANCE On August 14,2007, staff presented an ordinance designating civil violations as civil infractions to the Parks, Recreation, Humans Services and Public Safety Council Committee, because it originally contained provisions relating to the police. The Parks, Recreation, Humans Services and Public Safety Council Committee raised some questions regarding the application of the civil infractions and the impact of the ordinance on other enforcement tools. The attached ordinance reflects the changes that have been made to the original ordinance presented on A~gust 14, 2007, and clarify that the civil infraction is exclusively a code enforcement tool. Because it is a code enforcement tool, the attached ordinance was also be presented to the Land Use and Transportation Council Committee on September 10, 2007. The civil infraction ordinance provides another tool for code enforcement officers to use when responding to a complaint of a public nuisance or code violation, and is a tool used in other jurisdictions including the cities of Kent, Tukwila and Burien. Compliance under civil infraction is usually quicker than under a Notice of Violation & Order to Correct ("NOV"). The Civil Infraction Ordinance does not change the City's authority to issue a NOV or charge a person responsible for a violation with a misdemeanor as provided in FWCC 1-13(a The fact that the City can charge a person criminally for a violation "shall not preclude and shall be deemed to be in addition to administrative and civil remedies as may be set forth in this Code. .." FWCC 1-13(b). The civil infraction ordinance merely gives code enforcement officers another tool to utilize when responding to code violations. In general, a civil infraction is the quickest, cheapest, and most cost effective method for obtaining compliance. Please let us know if. you have any additional questions or concerns. K\Agenda ltem\PRPS\2007\Civil Infraction Ordinance PRHSPS 083107 staff report.doc ~"'7- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1, ARTICLES, II AND III 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.l1.020 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. civil violations of the Federal Wav Citv Code are detrimental to the oublic health. safetv. and welfare: and WHEREAS. enforcement officers and officials are authorized to issue civil infractions to enforce the orovisions of the Federal Way City Code ("FWCC") desirnated as infractions or as oenalties: and WHEREAS. the establishment of a svstem of civil infractions for civil violations. as defined under FWCC 1-15. will aid in enforcement. will helo reimburse the City for exoenses of enforcement. and will be a more exneditious and less exnensive method of disnosing of minor offenses: and WHEREAS. technical changes need to be made FWCC Chanter I Article III to grant code ORD# , PAGE I f-~ enforcement officers authoritv to issue civil infractions for civil violations: and WHEREAS. the Citv Council finds it in the best interest of its citizens to clarifv and distinguish civil violations. as defined in FWCC 1-15. from civil infractions. authorized oursuant to FWCC 1-24: WHEREAS, pursuant to FV1CC 1 13, any violation of the code may be a misdemeanor punishable by a fine ofup to $1,000 and up to ninety (90) days in addition to civil penalties; and 'NHEREAS, in the interest of justice, certain yiolations of the FVlCC do not rise to the level of a criminal violation; and WHERE"^~S, adding a pro...ision that allows police officers or code enforcement officers the authority to enforce ...iolations with a civil infraction where the violation does not rise to criminal conduct is in the interest of the 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: SECTION 1. Chapter 1, 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 of the provisions or failing to comply with any of the mandatory requirements of this Code or any ordinance of 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 ofthe city shall be punished ORD# , PAGE 2 F - "/ 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 ofthe city, including but not limited to FWCC 1-14 through 1-2J2,. (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, ~ 1, 12-19-89; Ord. No. 90-68, ~ 1,7-10-90; Ord. No. 99-342, ~ 3, 5-4-99) SECTION 2. A new section is added to Chapter 1, Article ill, Civil Enforcementofthe Code, of the Federal Way City Code to read as follows: 1-25 Civil violations desh!:nated as civil infractions. Unless otherwise provided. any person yiolating or failing to comply with the provisions of the Federal Way City Code. mav be issued a ciyil infraction pursuant to FWCC 1 21. (a) If. after investigation or after the comolaint of residents or others. the enforcement officer has orobable cause to believe that a civil violation has occurred or is occurring. as defined bv FWCC 1- 15. he/she mavissue a civil infraction oursuant to FWCC 1-24 to the orooertvowner or to anvoerson causing. allowing and/or oarticioating in the violation. (b) A civil infraction issued oursuant to FWCC 1-24 reoresents a determination that a civil violation has been committed. This determination is final and conclusive unless contested as orovided in Chaoter 7.80 RCW. ORD# , PAGE 3 t:-j ~ 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. Chaoter 1. Article IlL Section 1-23. of the Federal Wav Citv Code shall be amended to read as follows: 1-23 Meaoio!! of terms. Whenever the terms "civil infraction" and "civil oenaltv" are is used in anv code. ordinance or re1!ulation ofthe citv. these this terms shall be deemed to have the same meanin1! as the terms "ci','il yiolation" and "monetary oenaltv." resoectivelv. as used in this chaoter. SECTION J.4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity ofthe application thereofto 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 6. Corrections. The Citv Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance includin1!. but no limited to. the correction of scrivener/clerical errors. references. ordinance numberin1!. section/subsection numbers and anv references thereto. ORD# , PAGE 4 l=-~ SECTION ~7. 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 HATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordinance\2007\Civil Infraction.doc ORD# , PAGE 5 f--l