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PRHSPSC MINS 11-10-2008 City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, November 10, 2008 5:30 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Mike Park; Mayor Jack Dovey, Council member Linda Kochmar, Neal Beets, City Manager, Cary Roe, Assistant City Manager, Aaron Walls, Deputy City Attorney, Chief Brian Wilson, Tho Kraus, Finance Director, Steve Ikerd, Interim Director PRCS, Mary Faber PRCS Superintendent, Doug Nelson, Community Center Supervisor, Mary Jaenicke, Administrative Assistant II. Guests: Susan Honda, Bette Simpson and David Bauch, Arts Commission; Fred Konkell, Parks & Recreation Commission; Alan Bryce, Ron Wood Centerstage Theatre. Chair Burbidge called the meeting to order at 5:35p.m. PUBLIC COMMENT Roger Wood stated that Centerstage Theatre (CST) has been in existence for over 30 years. During that period of time, they have put on approximately 1,000 performances. Ten years ago when the Knutzen Family Theatre (KFT) was built, CST was one of the original ten arts groups that used the facility. Roger stated that for quite some time, they have been the only remaining arts group other than 9th Avenue Dance. When KFT was built CST contributed more money to the construction of the Theatre than all of the other arts groups combined. It was recommended by the Arts Commission in October that CST receive a $50,000 grant each year to support CST’s operations at KFT. Mr. Wood stated that CST would rather work for their keep, than be supported by the City of Federal Way. CST has spent a lot of time developing their proposal to manage KFT. The goals of CST are to seek more arts groups to perform at KFT, use their professional skills to continue existing youth programs and bring in new activities, continue to support business activity in Federal Way by increasing usage of KFT, ensure that CST will stay at KFT and not move to the PAC if it is built, and with ten years of experience as an actual user of KFT CST will do a better job with the Theatre. CST has approximately 200 volunteers that will help with the activities at KFT. Mr. Wood referred to the spread sheet that was prepared by Ms. Kraus, and he stated that it showed that CST could manage the Theatre for less than the City could. COMMISSION COMMENT Fred Konkell, Parks and Recreation Commission encouraged Council and Neal Beets to hire a new Parks Director and a Parks Planner. Susan Honda, Arts Commission stated that the Arts Commission worked very hard and recommended to Council that CST not manage the KFT. Ms. Honda feels that the Theatre is being managed very well at this time. Bette Simpson, Arts Commission also stated that the Commission spent a lot of time on reviewing the proposal from CST to manage the KFT. She feels it would not be a good mix to turn over the Theatre. She stated that the budget is very tight this year. The Arts Commission has a request for an additional $30,000 that they would like to distribute it equally to other arts groups. Alan Bryce, Centerstage Theatre, stated that CST’s management proposal is stronger than the recommendation by the Arts Commission because that would cost the City another $50,000, and CST’s management proposal would save the City money. They don’t want to take funding away from other arts groups. The $75,000 management fee would be to manage the KFT; it would not be for their artistic programming. APPROVAL OF SUMMARY Council Member Ferrell moved to approve the October meeting minutes as written, Council Member Burbidge seconded the motion, Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10, 2008 Summary Page 2 BUSINESS ITEM Grant Funding for Police Department Registered Sex Offender Program Chief Wilson presented the background information. The City of Federal Way had the responsibility for managing the Registered Sex Offenders (RSO) that could be present in the City of Federal Way. A few years ago the legislature passed a statute that the King County Sheriffs be responsible for tracking and registering sex offenders. Money was allocated by the state to assist in this effort. That money has been directed to the Washington Association of Sheriff’s and Police Chiefs to manage the program across the state. The City of Federal Way Police Department has an interest to work very diligently to identify all of the sex and kidnapping offenders in the City of Federal Way. There are over 200 offenders within the City of Federal Way. The amount of money allocated to Federal Way is $51,320.00. There will be an address and residency verification program for registered sex offenders and kidnapping offenders. A level 1 offender will be checked annually, a level 2 offender will be checked once every six months, and a level 3 offender will be checked once every three months. The funds will be used to reimburse for the overtime expenses incurred while verifying addresses and residency. Council member Park asked if this was just one-time funding, Chief Wilson answered yes, but he does believe that it is going to continue. Council member Ferrell moved to accept the grant funding under the specific terms and conditions set forth by King County. Council member Park seconded. Motion passed. An Ordinance Addressing Amendments Relating to Criminal Law in the Federal Way City Code Mr. Walls presented the background information. The codes were reviewed, and they have found sections that had errors, unclear language and redundancies that needed to be addressed. For this Committee there are three code updates. The first code is the Criminal Law Update – they reviewed the code and made criminal penalties consistent, updated criminal law definitions and updated it to make it easier to read, and removed the redundancies. There were a few specific updates for the Criminal Code; they made it clear that no contact order violations and probation violations are criminalized; it adopts state misdemeanors and authorizes bail forfeitures. An Ordinance Addressing Amendments Relating to Animal Law in the Federal Way City Code Language was clarified, redundancies were removed, correct references, coordinated the language with the County Code, and updated definitions. An Ordinance Addressing Amendments Relating to Definitions in the Federal Way City Code This update simplifies definitions; corrects typographical errors, citation errors, and it has a consistent format, and eliminates redundancies. Resolution Directing a Final Reorganization of the Federal Way City Code This Resolution authorizes the final reorganization, republishing and correcting some organizational errors that came up during this process. Council member Ferrell asked if approving the three Ordinances and one Resolution could be made in one motion. Mr. Walls answered yes. Council member Ferrell moved to approve items B, C, D, and E. Council member Park seconded. Motion passed. Centerstage Theatre Management Proposal Ms. Kraus reviewed the *revised Knutzen Family Theatre (KFT) budget (*the 2007 Christian Faith Church rental was backed out of the budget). The revenues in 2007 excluding the Christian Faith Church totaled $96,384.00. The total expenditures in 2007 were $189,348. Ms. Kraus proceeded to review the expenditures in detail. The bulk of the $189,348 is personnel costs which totaled $122,895.00. The personnel include a full-time Theatre Coordinator, a half time Theatre Tech and a 1/4 Administrative Assistant. Other costs include office supplies, janitorial services, and utilities. The operating loss is approximately $93,000. This does not include the indirect costs. The indirect costs include direct supervision and other support services. About 16% of Mary Faber’s time is being charged to the Theatre. There are also general fund administration fees, and internal service charges. The total indirect costs are $32,714. The indirect costs and the operating loss equal a total loss of $125,678. Additionally, there are capital costs for maintaining the facility the total for that in 2007 was $14,100. The operating loss is $93,000, the indirect and capital costs total $47,000, which result in a cost to the City of $140,000. Under the proposed contract the management fee of $75,000, the indirect and capital costs of $47,000 results in a $122,000 cost for Centerstage Theatre – there is a savings of $18,000 to the City. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10, 2008 Summary Page 3 Council member Park asked what caused an increase in revenue in 2006 and a decrease in the personnel cost for 2006. Ms. Faber answered that the increase in revenue was due to a change in the job responsibilities of the staff person. The .5 Theatre Technician was promoted to 1.0 Theatre Coordinator. The role of the Coordinator was changed to include greater emphasis on programming to increase revenue. The .5 Theatre Technician position was left vacant and duties were covered by temporary staff, which decreased personnel costs and reduced expenditures. The position was filled in 2007 which increased personnel costs in 2007. Additionally, in 2007, a .25 Administrative Assistant position was also assigned to the budget which led to an increase in personnel costs. To date the Administrative Assistant position was charged to Dumas Bay Centre but performed administrative duties for KFT. Mayor Dovey asked if the City decided to contract with an agency would the personnel costs be eliminated. Ms. Kraus answered that the current FTE positions would be removed; however, the indirect costs of staffing would still remain. Council member Ferrell asked Ms. Faber and the Arts Commission if the opposition to CST’s management of the Theatre is that there would be a perceived lack of control in regards of who can perform at the Theatre and that those groups would not have access to the Theatre? Bette Simpson from the Arts Commission answered yes, that both KFT and the Dumas Bay Centre (DBC) interact with each other. It would be difficult to draw the line. Council member Ferrell asked if there were preconditions in the contract making sure that people that wanted access to the Theatre were given access, and that the contract could be terminated by the City if staff was not satisfied, would the Arts Commission be satisfied with that criteria? Ms. Simpson answered that she did not think so. Ms. Honda stated that when she first started on the Arts Commission CST came in and asked for additional money, in addition to what the Arts Commission had given them. It was the second time that they had come and requested additional funding. The Arts Commission discussed with them that they needed to be able to manage their budget, because the Arts Commission could not continue to subsidize CST every single year. Ms. Honda is concerned that CST has not shown that they can manage their budget, and this would be a continuing problem if they were to manage the Theatre. Mayor Dovey asked what the vote was in the Arts Commission meeting. Ms. Faber answered that the first vote was whether or not CST should manage the KFT. The vote failed 3-6 against. The second vote was whether or not City Council should provide additional funding of $50,000, and that passed 5-4. Council member Kochmar is concerned about how the operations of the KFT and DBC would be separated. We would be taking half of the building and privatizing it. She wants to be fair to the people that use the facility, and to the community. Council member Ferrell is concerned that CST may have to seek another venue due to economic reasons. Mayor Dovey stated that it is important to be fair to everyone, but if we can find an agency that can manage the KFT more efficiently for less money, and we get the same services, then it makes business sense to have somebody else manage the facility, and Council should consider that. Arts Commissioner Bauch stated that at the last Committee meeting it was discussed to reduce or waive the rental fees for CST. If the Commission did this for CST, then they would have to do it for everybody else. Rentals are coming in, but if CST is not paying their rent, then it reduces the cash flow to the City. Mr. Wood stated that CST has been attempting to solve this matter for quite a few months. There has been some staff turnover, and Mr. Wood is unsure who he should be talking to about the rental fees that they owe to the City. He indicated that there should be an internal transfer of city funding to take care of some of CST’s bills. Mr. Woods also said that their outstanding balance is $10,000. Chair member Burbidge added that it is her understanding that there have also been some billing charges that are unresolved. Mr. Wood said that they do not agree with some of the technician charges. Mayor Dovey asked if they had the answer tomorrow as to how much money CST owes the City, does CST have the money in the bank to pay the owed amount? Mr. Wood answered that he is not the bookkeeper, and cannot answer the question. Mr. Wood stated that there has been conversation about other art groups having access to the Theatre. When he started in 1999 there were 10 groups that used the Theatre, and those groups have all left. 9th Avenue Dance uses the Theatre, but they don’t have many activities. CST would like to have control of KFT so they can bring in more groups. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10, 2008 Summary Page 4 Council member Ferrell asked if 9th Avenue Dance would be able to have access to the Theatre. Mr. Wood stated that he does not believe that 9th Avenue Theatre has ever been refused the weekends that they have requested, and that CST has accommodated them numerous times. Ms. Faber explained that if a group rents a weekend, at the end of that weekend, they can request to have that same weekend the following year. This is also something that could be built into a contract, so it would not be an issue. Council member Kochmar pointed out that the Arts Commission voted against CST having management of KFT, but they did vote to give them an additional $50,000 annual award. The Chair of the Arts Commission also suggested lowering the rental fee for all local groups using the Theatre. She stated that this is a big issue, and would like to look at lowering the fees, or giving CST the $50,000. Arts Commissioner Simpson stated that every arts groups is struggling financially, and is it fair to give money to one group, to keep them going throughout the year. Mr. Wood responded that there is a way to justify it, and that is that CST is the primary group that uses a City facility, and they pay approximately $10,000 to put on a play for three weekends. In comparison, the Federal Way Symphony will have a concert at a local Church, and it will cost them about $600.00 for a weekend show with two performances. Their costs are less, and they are not supporting the City Theatre. He doesn’t understand why the Symphony would get offended if CST received some help, and they don’t. Arts Commissioner Honda asked if the City of Federal Way were to give CST $50,000 a year, would CST still be eligible to receive funding from the Contract for Services. Mayor Dovey stated that the City does not have $50,000 in the budget to give anybody. Mayor Dovey stated that we do have an asset that someone can make money with to help them stay in business, it would not cost the city money, and it makes sense to do this. Council member Park asked how KFT is doing business wise for 2008. Ms. Kraus answered that the subsidy is about $130,000. Ms. Faber stated that the revenue for 2008 is going to be similar to 2007 with the exception of the Christian Faith Church rental which moved to a permanent location. Council member Park stated that it makes sense to look at having another group manage the KFT, and we should issue an RFP for managing the facility. It is a public facility, and as long as the group that is managing the facility allows other groups to use it, then it is time to consider a different direction. Council member Kochmar stated it is cleaner to give CST a grant. She is concerned about how the facility would be managed, and we would not have control. Council member Ferrell stated that the City would have to maintain some type of control. Chair Burbidge stated that a contract can be written to manage their concerns. Mayor Dovey stated that a contract can be written up for one to two years, this does not have to be forever. In order to be fair to everybody an RFP needs to be issued, so that any group can bid on it. Mr. Wood stated that CST knows the KFT inside and out, and that they could run the facility, and they have been doing this for the past ten years during their rentals. When CST started this process several months ago an RFP was never discussed. This was not one of the conditions they were working under when this whole process was started. Mr. Wood stated that if this was moved onto the full Council, CST will sit down and work out the details with the City of Federal Way, until everybody felt comfortable and everybody’s needs were getting met. Council member Kochmar stated that we are Government, and Government works in a public process, and the public process normally includes an RFP. Council member Park moved to approve option #3, to Issue Request for Proposal to manage the Knutzen Family Theatre from Arts Groups or Profession Facility Managers. Forward to Full Council on November 18, 2008. Council member Ferrell seconded. Motion passed. An updated financial report will be provided to Council prior to the November 18 meeting. Council also requested that a timeline for the RFP be provided. Council member Ferrell stated that it is important that the City does not lose control of the Theatre forever. Mr. Roe stated that there is always a termination clause in the contract. Council member Ferrell also requested a dispute resolution process be put in the contract. Council member Kochmar stated she would also need to know how it would work having the KFT managed by an outside group, and Dumas Bay being managed by the City. Ms. Faber stated that they would need to negotiate the PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10, 2008 Summary Page 5 spaces being used for administration and scheduling. Council member Kochmar stated that she is assuming that someone will be losing their job. Mr. Roe said that if the Theatre moved to a third party Management Company, then that will very likely be the outcome, there will be some reductions in full time employees. Council member Kochmar also wanted to make sure that the City is following the wishes of the Sisters of the Visitation. Mr. Roe stated that if the City wanted to maintain some of the existing programs that would reduce the amount of full time employees that would be eliminated. Community Center Café Vendor Contract Ms. Faber presented the background information. Council approved approximately $111,000 for the construction of café space. An RFP for the concessionaire was also issued. The design has been finalized. Once we have the concessionaire, and they obtain their health permits, then we can issue an RFP for construction of the café space. Mr. Nelson stated that they would like to issue the RFP for construction by the end of the year. Council member Park asked about the RFP process. Mr. Nelson stated that it was issued in the newspapers, and they also contacted local vendors that would fit the criteria. The RFP was issued twice. The café space is 8’ x 20’. Council member Park requested that the contract be reviewed in one year. Council member Ferrell moved to approve the Community Center Café RFP submittal for concessionaire services at the Federal Way Community Center, and to be reviewed in one year. Council member Park seconded. Motion passed. NEXT MEETING – December 9, 2008 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 7:18 p.m.