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PRHSPSC MINS 02-14-2005 City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, February 14, 2005 5:30 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Jack Dovey, Deputy Mayor Linda Kochmar; David Moseley, City Manager, Derek Matheson, Assistant City Manager, David Tracy, Municipal Court Judge, Pat Richardson City Attorney, Chief Kirkpatrick, Director of Public Safety, Angelina Allen-Mpyisi, Human Services Manager, Kelli O’Donnell, CDBG Coordinator, Kurt Reuter, Park Operation Superintendent, Mary Faber, Recreation & Cultural Services Superintendent, Raid Tirhi, Senior Traffic Engineer, Donna Hanson, Director, Parks, Recreation & Cultural Services, Mary Jaenicke, Administrative Assistant. Guests: Jo Ann Kaye, Citizen Chair Burbidge called the meeting to order at 5:33p.m. PUBLIC FORUM Jo Ann Kaye: Ms. Kaye Stated that she lives next door to Coronado Park. She reported that the new toys that are being installed in the park are unsafe. They would like the balance beam taken out, they would like another spring toy or a seesaw, and several neighbors would like the picnic tables to be replaced or re-sanded and repainted. They would like BBQ pits installed; they would like to know when the old big children toys would be removed and the pea gravel taken out. The bark that has been laid is not bark it’s sawdust. They would like part of the park to be fenced off, and the bike rack is still broken. She does not want the water fountain taken out. Kids have been going into her yard, and using the faucet and leaving it on all day. Ms. Kaye volunteered to clean the water fountain everyday. The stripe that was laid down to measure speed has been cut. Previous strips laid down have also been destroyed. COMMISSION COMMENT None APPROVAL OF SUMMARY Council members Dovey and Ferrell moved to accept the January meeting minutes as written. Motion passed. BUSINESS ITEMS Community Center Fireplace Mantle Artwork Ms. Faber presented a proposal for the Fireplace mantle at the new Community Center. This is the last and final piece of artwork for the community center. The Artist Brian Goldbloom was unable to attend tonight’s meeting. Mr. Goldbloom is a very accomplished stonecutter. He will be using a combination of natural boulders and carved granite. The carved granite will come out of one of the boulders, and he will carve the forms of vine maple trunk lengths throughout the granite. The mantle will be granite. The conceptual goal of the artwork is to bring an outdoor experience into the interior of the building. The budget for this project is $25,000, which is fairly small. He is able to use some of his own material for this project to save money. Discussion was held regarding the artwork. Council member Dovey stated that it appears that the fireplace comes out at an angle, the room is small, and there is a boulder in the middle. This is supposed to be a meeting room where people sit. Instead of a fireplace against the wall where people can look at the fire and keep the room warm, there is a structure that is 7 feet high with a boulder sticking out in the middle of the room, blocking the fireplace. Chair Burbidge requested that the committee have an opportunity to get more information from the artist about the proposal. Deputy Mayor Kochmar asked how the Arts Commission felt about the artwork; Ms. Faber replied that the Arts Commission liked the proposal and voted to approve it at their February meeting. He also does not like the boulder that is blocking. The fireplace should be able to be enjoyed from multiple views in the room. Mr. Moseley stated that the committee does have the option of postponing making a motion, and wait until they receive further information. Council member Ferrell preferred option 2, Move to Decline the Community Center Fireplace Mantle Artwork Proposal and request the artist to revise the design. Dovey seconded. Deputy Mayor Kochmar agreed that they do need more information. Chair Burbidge asked if Committee actually wanted to decline the design, or ask for more information. Then they would know whether they want to decline or accept the design. Council member Ferrell would like a full mock up of the design to assist in visualizing the project. Ms. Faber stated that they could do that. She also explained that this is a $25,000 project, and the other projects they have seen have been over $100,000.00. When there is a smaller project budget, this is a typical packet to review, based that they are not paying the artist to develop a lot of material. Ms. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday February 14, 2005 Summary Page 2 Hanson reviewed the list of concerns that Ms. Faber was to bring back to the artist. They are: Questions on the materials, height of the project, the boulder blocking visually. Ms. Richardson interjected a point of order: The motion on the floor is to decline the proposal, (option 2). Does committee want to withdraw the motion and withdraw the second? Council member Ferrell withdrew his motion, and Council member Dovey withdrew his second. Direct CDBG Entitlement Update Ms. O’Donnell reported that every three years the City has the option of receiving the CDBG funds directly as an entitlement city or through the King County Consortium. That decision will need to be made in June 2005. Ms. O’Donnell stated that there is two major issues that staff is concerned about, that is making the decision difficult. The first concern is the future funding level. The CDBG program may be recommended for further cuts in the President’s 2006 budget. There is also concern that the budget process is looking at eliminating CDBG programs for any entitlement that has less than 10% poverty level, which means that the consortium may not be an option. The second concern is how the King County CDBG Consortium would operate if it still received the funds. The current system is very complex. King County allows participating cities to determine which projects they fund and administer the CDBG human services locally. They operate like a direct entitlement through the consortium, which makes a lot of administrative work for King County. King County’s costs are rising for both staffing levels and their rent costs. Their overhead costs are increasing by about $80,000 per year. The administrative budget is eating into what is available to local jurisdictions, and will not make the programs sustainable if it stays at the current funding level. Staff is in the process of gathering as much information as possible to bring to the Council to make a decision. Criteria have been developed to evaluate the different options. Staff has reviewed the criteria with other human services agencies that are currently using CDBG funds. A list of pro’s and con’s was developed. One of the questions that came from this meeting was the impact on South King County if Federal Way left the Consortium. Would it help or hurt South King County? Ms. O’Donnell reviewed the Entitlement Decision Timeline with the Committee. Their plan at this time is to provide an update at every PRHSPS Committee meeting. Ms. O’Donnell stated that CDBG funds are not easy to administer. The funds come with a lot of federal regulations. This is a concern of theirs. If they decide to take it on, will they be able to sustain the staff. With the city’s budget situation, staff is anticipating that the city will not be willing to take on additional costs. At what point will Human Services break and be unable to do the program. Council member Dovey asked how large King County’s staffing is. Ms. O’Donnell will provide that information at their next meeting. Mr. Moseley will mention our concern to our lobbyist. Summary Draft of the Housing & Human Services Consolidation Plan Ms. Allen-Mpyisi introduced consultant Nikki Parrot. A Housing & Human Services Consolidated Plan is a requirement if we become an entitlement jurisdiction. This plan would need to be submitted to HUD. This is a five- year strategy document that covers numerous areas. They have identified needs, analyzed the housing market, identified the special needs population, created a statement of overall need, and a series of strategies that will guide allocation of block grant resources and general fund Human Services allocation. The document has been reviewed by Staff, the Human Services Commission, and local human service providers. Ms. Parrot stated that based upon the information they received from the providers, that these are strategies that if followed in terms of the allocation of the resource they will directly meet the needs. Reallocation of 2005 CDBG Funds for Adult Day Health Services Ms. O’Donnell stated that in 2004 the City of Federal Way allocated funds to ElderHealth Northwest and the Auburn Adult Day Health Program to provide services to Federal Way residents. In 2005 when the allocation decisions were made, the Human Services Commission recommended to put all of the adult day health money into Auburn Adult Day Health Program, and not fund Elder Health. This decision was due to the fact that the MultiCare Adult Day Health Program was growing because it was closer in proximity to Federal Way residents. Staff was notified in December that the MultiCare Adult Day Health would be closing the Auburn location. Staff is recommending that Council re fund ElderHealth for 2005 because there is such a high need for day health services for seniors and adults with developmental disabilities. ElderHealth is currently serving 28 Federal Way residents. The CARES program was unable to use all of their funds for 2004. Ms. O’Donnell is meeting with the CARES program to discuss why their numbers have decreased. Council member Dovey moved to amend the 2005 CDBG Proposed use of funds to reallocate $10,000 from the MultiCare Health System Adult Day Health to ElderHealth Northwest Connection Adult Health Care and forward to the full City Council for consideration at the March 1, 2005, City Council meeting. Ferrell seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday February 14, 2005 Summary Page 3 Coronado Park Mr. Moseley reported that citizens from the Coronado Park area attended the last Council Meeting to voice concerns they had about activity at the park and in the neighborhood. The three areas of concerns were 1) Park Maintenance, 2) Traffic Safety, 3) Criminal activity in the park and the surrounding area. Staff has been working with the neighborhood on these issues since last spring and summer. A community meeting was held on Saturday, June 26, 2004. Parks Superintendent Kurt Reuter, and Deputy Chief Brian Wilson attended that meeting. In addition, the traffic safety division conducted a neighborhood traffic safety process last summer. Mr. Moseley provided a summary of improvements and changes that have taken place in the areas of Parks, Public Works, and Public Safety. In 2004 the Parks Department enlarged the tot lot play area, installed a cement bulk head around the area, removed old toys and put in a new spring toy, balance beam, and tot swings. The pea gravel was removed and replaced with wood fiber. The irrigation system was repaired; vegetation was removed and they have repaired the water fountain approximately 4-5 different times. The Public Works department conducted a neighborhood traffic safety process. The traffic safety process analyzes volume of traffic, speed of the traffic and accident history. The information that was gathered did not result in sufficient points to meet the criteria that were adopted by council. A total number of twelve points is available. The threshold number is three. The data gathered resulted in a severity score of one. There were .5 points for speed and .5 points for volume. The Public Safety Department informed their patrol squads of the need for emphasis patrol in the area. There were 17 patrols directed in the neighborhood. From June 1, 2004 to February 9, 2005 there were 41 911 calls from the reporting district. Which is larger than the Coronado area. There were 38 police reports filed during that period, which is above average. Mr. Moseley reviewed the upcoming improvements and changes. The parks department will be installing new landscape on the eastside of the tot lot. Install new playground equipment, and replace the pea gravel with wood fiber. They will refurbish the landscape bed. The water fountain has been a chronic problem, and staff’s recommendation is to remove the fountain. The bike rack will be removed. Increased fencing and adding lighting has been discussed. The Public Works Department have placed two traffic tubes on both sides of the hill, that data will be reviewed. The sign has been relocated. The Public Safety Department had officers talk to neighbors to gain a better understanding of the crime problem. The Chief has assigned a pro-active team to this neighborhood. A Neighborhood Watch Program is scheduled for April. Council Committee asked to be notified when this program meeting is scheduled. Chief Kirkpatrick clarified that there are 137 reporting districts in the City of Federal Way; this is one small element of a larger reporting district. When it was stated that there were 41 calls for service for this one reporting district, that is a fraction of the calls. There were 180 calls for service in the reporting district for that time frame. Council member Dovey requested staff to leave the water fountain, but if it gets vandalized one more time, to go ahead and remove it. Regarding the lighting issue, he feels a broader policy needs to be developed. Mr. Moseley stated that the Parks Department and the Public Works Department are reviewing the cost of a fence for the water tower across the street. Staff will look into the possibility of receiving a homeland security grant to pay for the fencing. Staff will also review the criteria for installing speed bumps. Is it possible to add site infringements as criteria? As of right now the policy prohibits speed bumps being installed on grades that are higher than 8%. If the speed bump is unable to be seen, it could cause the driver of the car to lose control. Discussion followed. Mr. Moseley stated that it would be best to let the traffic engineers deal with the specifics of the situation and they will report back to committee. 2005 Bulletproof Vest Partnership Grant Chief Kirkpatrick reported that the Public Safety Department has applied for a grant for $3,850.00 to purchase bulletproof vests. If the grant is approved, Chief Kirkpatrick will return to full Council for approval. City Of Auburn Jail Interlocal Agreement For 2005 Chief Kirkpatrick stated that this is a new Interlocal Agreement for 2005 with the City of Auburn Jail. The Department had an Interlocal agreement in 2004. The only difference in the conditions of the agreement is that the daily booking fee has gone from $56.23 to $59.04. Council member Dovey moved to approve and accept the request for an Interlocal Agreement between the City of Federal Way and the City of Auburn for Housing of inmates (Jail Services), and forward to Full Council for consideration at it’s March 1, 2005 meeting. Council member Ferrell seconded. Motion passed. Resolution To Accept And Support The 2005 USA Pac Rim Sports Summit Chief Kirkpatrick stated that this is a resolution requesting Federal Way Police Services to participate in security regionally for the PAC RIM Sports Summit. The Summit is scheduled to take place in June. This is an Olympic sponsored athletic event. Federal Way will be a venue site for this summit. They will be using the King County Aquatic Center. If the Department joins with the surrounding agencies to provide support for our venue and backup police support for venues outside of the city, the estimated overtime could calculate out to approximately $88,182.60. Chief Kirkpatrick stated that the Department has had prior experience with the Goodwill games, where PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday February 14, 2005 Summary Page 4 they have provided police services and they were not reimbursed. The PAC RIM sports committee is saying that the City of Federal Way will be reimbursed, but there is no guarantee. There are two options in accepting the Resolution. 1) We accept the resolution at face value with the potential that $88,000.00 will come out of the department’s budget. 2) Pass the resolution contingent upon the PAC RIM Olympic Committee reimburses the City of Federal Way their costs. Mr. Moseley stated that the overtime costs have been an issue in the budget. Modifications have been made to the budget. These modifications are sufficient to meet the overtime needs of the department, but this summit was not part of their calculations. If there is an event at the Aquatic Center with these International stars at that Center, security will be needed. There is concern about reimbursement because the sponsor of this event was also the sponsor of the Goodwill Games. Council member Dovey stated that he would support the resolution if the PAC RIM Olympic Committee agrees to pay the $88,000.00. Mr. Moseley stated that he could not guarantee that we would be paid the money. Deputy Mayor Kochmar stated that these athletes are coming to the City, and we cannot leave the facility unsecured. Chief Kirkpatrick stated that the $88,000 projected overtime cost would be for the Department securing the Federal Way venue only. If they provide services for an outside agency it would be contingent on a mutual aid callout. Council member Ferrell moved to adopt option 2. Council member Dovey seconded. Discussion was held. Chair Burbidge asked if this was the only alternative that the City has. Mr. Moseley answered that this is the most realistic alternative. They will be very clear that the City has an expectation and that our support is contingent on being reimbursed. Mr. Moseley wanted Council to be aware that this could have an impact on the budget. Chief Kirkpatrick stated that the Chiefs at other agencies are taking this issue to their council, and recommend using the same language that the support is contingent upon being reimbursed. It was moved and seconded to approve the Resolution, with a cost of $88,182.60, of the City Council of the City of Federal Way, WA Approving Acceptance and Support of the USA Pac Rim Sports Summit (also known as “The Road to Beijing”) and the Pacific Health Summit and Related Events coming to the City of Federal Way in 2005, Contingent upon the Seattle Organizing Committee Reimbursing FWDPS costs, and forward to Full Council for consideration at it’s March 1, 2005 meeting. Council member Ferrell voted yes, Chair Burbidge voted yes, Council member Dovey voted no. Motion passed. Convert the Appointment Municipal Court Judge Position to an Elected Position Ms. Richardson stated that at this time the City of Federal Way has a part-time judge and part-time commissioner. Under the law the court commissioner is different from the judge. Ms. Richardson assumed that the Council would want to maintain the judge position to a part-time position. Ms. Richardson spoke with the finance department and discovered that if we converted an elected judge to full-time there will be a negative budgetary impact. The judge is paid a higher hourly salary than the commissioner. Ms. Richardson stated that there are two legal theories’ that affect the court. 1) Separation of Powers 2) The judge has judicial immunity for judicial decisions. There is not immunity for administrative decisions. Council member Ferrell stated that there are additional considerations. Compliance of the law or the spirit of the law. Under RCW 3.50.055 the mandatory language states the full time equivalent judicial position shall be filled by election and that a full-time equivalent is 35 hours or more per week of compensated time. Clearly we have more than 35 hours per week. Mr. Ferrell stated he believes we are keeping our current judge at an artificially low hourly rate in order to comply with the statute. There is clearly more than one full-time judge as far as workload and caseload. Ms. Richardson wanted to clarify that if the hours are called judicial hours and it is 1.5 judicial hours then both positions need to be elected. The statute distinguishes between a judicial hour and a commissioner hour. The commissioner doesn’t have to have all of the same powers that the judge has. Council member Dovey stated that he would like a report on the financial impact vs. appointing vs. electing. He would like to have all the information before he makes a decision. Deputy Mayor Kochmar stated that AWC was discussing a bill that was due to go to the legislature this year. The Bill would reimburse the cities for half of an elected municipal court judge. She would like information on this. Council member Ferrell moved to convert the part-time municipal court judge position to an elected position commencing January 1, 2006. Direct staff to prepare an ordinance modifying Federal Way City Code 2-331(b) for the election of a part-time municipal court judge for Parks Committee consideration on March 14, 2005 and potential Full Council consideration at the March 15, 2005 City Council meeting. PENDING ITEMS – None ANNOUNCEMENTS -None NEXT MEETING - March 14, 2005 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 7:43p.m.