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PRHSPSC PKT 06-14-2011MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: April 12, 2011 B. Amend Federal Way Revised Code Chapter 12.50 Regarding False Alarms C. Washington Traffic Safety Commission Grant 2010/2011 Amendment #1 D. SCORE Investigative Agreement Between the Owner Cities Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila E. 2011 COPS Grant Application F. Conversion of Animal Management Coordinator Position 5. PENDING ITEMS • Festivals • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, July 12, 2011 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park Action Council Presenter Page or Info Date 3 Action N/A Wilson 5 Action First Reading 6/21/11 Wilson Action Consent 15 6/21/11 Wilson Action Consent 17 6/21/11 Wilson 25 Information N/A Wilson 27 Information N/A 5. PENDING ITEMS • Festivals • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, July 12, 2011 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 12, 2011 5:30 p-m- Muffim- "M Committee Members in Attendance: Committee Chair Jeanne Burbidge, and Council member Roger Freeman. Council Members in Attendance: Council member Kochmar Committee Member Excused: Council member Michael Park Staff Members in Attendance: Cary Roe, Director of Parks, Public Works & Emergency Management, Amy Jo Pearsall, Asst City Attorney, Brian Wilson, Chief of Police, Steve Ikerd Parks & Facilities Manager, Chris Carrel, Communication and Grant Coordinator, and Mary Jaenicke, Administrative Assistant H. Guests: Susan Honda, Arts Commission Chair, Brian Ailinger, Parks Commission Chair Chair Burbidge called the meeting to order at 5:42p_m_ Public Comment: None Commission Comments: Mr. Ailinger stated that he was at the meeting to support the Sacajawea Grant application, Coyote signage and the Landscape Bid awards. Ms. Honda stated that the Arts Commission had a successful event at the Knutzen Family Theatre; it was the program on Pandas. Approximately 85 people attended. The Arts Commission is also holding an art contest in the Municipal Court. The deadline is Friday April 15, and is open to all students in the Federal Way School District. . APPROVAL OF SUMMARY Council member Freeman moved to approve the March meeting summary. Council member Burbidge seconded. Motion passed. BUSINESS ITEMS 2012 Land & Water Conservation Fund Grant Application Mr. Carrel stated that this grant would help support the replacement of the synthetic field at Sacajawea Park_ Drainage would also be installed at the park Sacajawea is one of the most popular athletic fields that the city has, and the turf has exceeded its useful life. The turf is compacted and worn, and it has also developed some drainage issues that need to be addressed_ This project is in the current budget for 2012. The total project cost is estimated to be $877,944.00, and the amount of the grant is $438,972.00. The deadline for the grant is May 2, 2011. Council member Freeman moved to authorize staff to apply for 2012 Land and Water Conservation Fund grant funding in the amount of $438,972 for the Sacajawea Park Soccer Field renovation and drainage improvements. Council. member Burbidge seconded. Motion passed. Landscape Bid Awards Mr. Ikerd reported that they sent out bid notices for landscape services at 14 sites. Three sites will go to Osaka Gardens, and NW Landscape will get the other 12 sites. The services provided will be routine maintenance, such as weeding, mowing and blowing. Dumas Bay Centre (DBC) will have a three person crew for 2 hours, and they will work on a work order system. They will show up for the week, and will be told what needs to be done. The Federal Way Parks Maintenance crew will continue to mow the grounds at DBC. They have done this in the past and it was very successful. The total amount of the contract for Osaka Gardens will be $19,702.60 for two years, and the total amount of the contract for NW Landscape will be $86,047.46 for two years_ The total amount is $105,750.06, which is within the 2011/2012 budget. Mr. Roe added that when Park Department resources were reduced, this area was identified as receiving a lower level of service. Instead of parks being mowed every week, they would be mowed every two weeks. Because the bids from NW Landscape came in so low, the parks will receive weekly service. Mr. Roe stated that he is a little bit cautious that NW Landscape will be able to perform the work with the PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 12, 2011 Summary Page 2 bid numbers that they provided. References for them have been checked, and they are performing landscape services in other communities. Council member Freeman moved to forward the bid awards of 2 year Landscape Maintenance Agreements in the amount of $19,702.60 to Osaka Gardens and $86,047.46 to NW Landscape services and authorize the Mayor to execute said agreements to the full Council April 19, 201I consent agenda for approval. Council member Burbidge seconded. Motion passed. Create and Post Coyote Information Signs Chief Wilson stated that there has been a great deal of work to communicate with citizens in the community to explain the differences between Animal Services and the State Department of Wildlife, and their role with coyotes and domestic animals, and how to address it. A meeting in the neighborhood of 15`h Avenue SW and SW 360 Street was held based on the community's concerns of the coyote's. The meeting was to provide information and discuss the urban coyote situation. Out of that meeting came a suggestion to post informational signs. The signs would be posted adjacent to green spaces, and outside of parks where coyotes have been sighted. The Police Department worked with the Parks Department to develop the signs. Council member Burbidge requested that the information that is on the sign is also added to the city's website. Council member Kochmar would like a letter written to the editor of the Federal Way Mirror. Ms. Pearsall suggested adding additional language to the motion to add flexibility to posting additional signage where coyotes are seen. Council member Burbidge moved to approve option 1 and forward the proposed coyote informational sign and posting at the specified parks, and other areas as identified by staff to the consent agenda for the City Council meeting on April: 19, 2011. Council member Freeman seconded. Motion passed. Informational — Petco Donation Chief Wilson stated that during the Christmas Holiday season, Petco establishes a giving tree and then donates the funds from that to other animal welfare groups. In 2010 the city's Animal Services program was selected by Petco to receive $3,960.00. These funds will be used for food and supplies for animals that are temporarily housed at City Hall, education programs, and veterinary services for animals that must be impounded. Council member Kochmar would like Petco to be acknowledged for their donation at a future City Council meeting. Application for Ballistic Vest Partnership (BVP) Grant Chief Wilson stated that every commissioned officer in the Police Department receives a ballistic vest. Those vests have a life span of five years. Every year the Federal Government has grants to apply for to replace the vests. This year the Police department is eligible for a grant in the amount of $19,034.00, and there is a 50% match. In the past they have used salary and fuel savings. This year the funds will be internally managed, so they will not be asking for additional funds. Council member Freeman moved approval of Option l and forwarding the application for the 2011 Ballistic Vest Partnership (BVP) and acceptance of the Grant if awarded to the City Council Meeting on April 19, 2011. Council member Burbidge seconded. Motion passed. Clearwire Site Lease Renewal — Lakota Park Ms. Pearsall stated that we have had this site lease with Clearwire since 2006. They are on a 5 year cycle. Clearwire is not exempt from the leasehold tax, so their rental rate is slightly lower than the other telecommunication companies, but when the leasehold tax is added, they are paying slightly more than the other communication companies. Council member Freeman moved to forward the proposed amendment to the Clearwire Site lease to the April 19, 2011 consent agenda for approval. Council member Burbidge seconded. Motion passed. NEXT MEETING Council member Burbidge will be out of town for the next regularly scheduled meeting. At this time the meeting will be held on either May 4 or May 12. ADJOURNMENT Meeting adjourned at 6:12p.m. COUNCIL MEETING DATE: June 21, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMEND FEDERAL XL'A1RF.A isED CODE CHAPTER 12.50 RE(::XRDIN(: F_ LSE ALARMS POLICY QUESTION: Should the City Council approve and adopt the proposed revisions to Chapter 12.50, Alarms" COMMITTEE: PRHS&PS MEETING DATE: June 14. 2011 CATEGORI : ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BN-: Chief Brian VVIlson DEPT: Police Summarv: Federal Way Revised Code (`'FWRC") Chapter 12.50, "Alarms," sets forth the requirements regarding alarm registration, service fees for responding to false alarms, and the process for no response to excessive false alarms in the City of Federal Way. Updates to Chapter 12.50 FWRC are needed to remove obsolete language and to accurately reflect how this Chapter of the FWRC is currently administered and enforced. Attachments: Staff Report; Proposed Ordinance updating Chapter 12.50 FWRC, Alarms. Options Considered: 1. Approve the proposed ordinance rek ising sections of Chapter 12.50, Alar is, and authorize the Finance Director to amend the City's Fee Schedule to effectuate the revisions to the code_ 2. Do not approve proposed revisions to Chapter t 2.50, Alarms, and provide direction to staff. IN1A1 OR's RECO��ihIENDATION: The :U[ayor recommends approval of the proposed ordinance updating Chapter 12.50 FWRC and authorizing the Finance Director to amend the City's Fee Schedule accordingly. s: MAvoR APPROV"A1.: � � DIRECTOR APPRO\ a1 C om>ttce Council Committ,c Council s COImmi TTEE RECObIINIENDATION: 1 move to forivard the proposed ordinance updating Chapter 12.50 FWRC to First Reading on June 21, 2011 and recommend that the Finance Director be authorized to amend the City's Fee Schedule according) t_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): IST READING OF ORDINANCE (JUNE 21, 2011): ! move to forward approval of the proposed ordinance updating Chapter 12.50 FWRC, Alarms, to the July 5, 2011 Council Meeting for adoption. 2ND READING OF ORDINANCE (JULY 5, 2011): "[move approval of the proposed ordinance updating Chapter 12.50 FWRC, Alarms, and authorize the Finance Director to amend the City's Fee Schedule accordingly. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL It ❑ DENIED Isf reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED -08/12/2010 RESOLUTION # 61 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Police SUBJECT: Amend Federal Way Revised Code Regarding Alarms Background: in 2010, the Federal Way Police Department responded to 2,357 alarms and 1,548 (65%) of those alarms were determined to be false alarms. This represents a significant consumption of police resources. Unfortunately, the cost recovery for these false alarms is substantially limited by the current Federal Way Revised Code that permits three false alarms for a single user before a false alarm fee is charged. Therefore in 2010, only 10% of the false alarms resulted in any recovery of costs. The table below indicates the number of alarmed residences/businesses that experienced one or more false alarms. Number of False Alarms 1 2 3 4 5 6_ 7+ 1 I 550 172 55 __22j_ 8 7 l Many of our fellow Puget Sound Region cities implemented False Alarin Reduction Programs i11 2009 and 2010 in an attempt to impact the number of false alarms. The majority of these programs use negative financial incentive to encourage alarm users to improve management of their alarm systems and prevent false alarms. Strict programs charge a false alarm fee immediately and require an annual registration fee. Refer to the table in Appendix A: A police response to a burglary alarm normally requires two units (officers) to respond_ A robbery type of alarm requires additional police units to respond and may involve 3-4 units. This accounts for Auburn's differination between the types of alarms and the increased fee for robbery alarms. Tacoma's program is different in that the alarm monitoring company is responsible to pay all fees related to alarm operations within the City, including false alarm fees. It is up to each individual alarm monitoring company what amount, if any, of the costs will be passed along to the actual alarm user. The program is internally administered by the City of Tacoma by an employee in the Permit and License Department. The Security Industry Alarm Coalition (SLAC) recognizes that the most common reasons for false alarms are: r • User error • Unlocked or loose doors and/or windows • Children, neighbors, or visitors • Cleaning or repair crews • Pets • Equipment malfunction The majority of alarm users will correct these causes of false alarms after one false alarm and our 2010 statistics reflect this assertion. Therefore, SLAC recommends escalating and meaningful fines for chronic abusers. It is also recommended by the Police Department that the user remains responsible for the false alarm fees since most of the common reasons for false alarms are directly related to conditions controlled by the user and not the alarm monitoring company. Federal Way Alarm Program: The Alarm Program is managed by the front counter receptionist, Gretchen Sund, in the Records Section of the Police Department. She currently allocates approximately 40% of her 40 hour week to the management of this program. It is estimated the recommended change in false alarms fees would increase this time to 60%. Volunteers would be used to attempt to mitigate this increase in fee processing. Her duties as it relates to this program are: • Enter alarm registration information. • Track false alarms from the Computer Aided Dispatch (CAD) data • Mail false alarm bills • Accept, receipt and deposit false alarm fees Recommendation: The Police Department recommends the below listed false alarm fee schedule to be applied during a 12 month period. Panic alarms would be exempt from a false alarm fee. Alarm Type 1st False 2nd 3rd 4th 5th 6+ Burglary Free 25 50 100 150 2000 Robbery Free 50 75 150 225 300 2 7 APPENDIX A Cky 1 S' False 1 2"d 1 3' 4'h 1 S' 1 6+ False Auburn* Burglary = 100 Robbery = 200 Non -registered = +200 Suspends Response after three false alarms Bellevue Free 75 100 125 150 200 May order disconnect Burien too Des Moines Free 100 200 Federal Way Free 50 100 May suspend response Fife Free 30 60 Kent 10 Renton Free 50 100 Mal nse Tacoma* 65 _ Tukwila Free 25 * Annual registration fee ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to false alarms; amending sections of Chapter 12.50 FWRC. (Amending Ordinance Nos. 09-599, 07-573, 93-193.) WHEREAS, Federal Way Revised Code ("FWRC") Chapter 12.50, "Alarms," sets forth the requirements regarding alarm registration, service fees for responding to false alarms, and process for no response to excessive false alarms in the City of Federal Wav; and WHEREAS, updates to Chapter 12.50 FWRC are needed to remove obsolete language and to accurately reflect how this Chapter of the FWRC is currently administered and enforced; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to update Chapter 12.50 FWRC as described; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. FWRC 12.50.020 is hereby amended to read as follows: 12.50.020 Alarm users registration required. (1) After j, ne 30 1994, ^No person shall operate or use an alarm system on any premises within the city of Federal Way, under that person's control, without first having obtained from the cit„ G!eFk's eff GePolice Department, a separate registration for each premises protected by an alarm system. (2) The police department may not respond to any alarm system for which a registration has not first been obtained. (3) For the purposes of this section, a person shall be deemed to be an operator or user of an alarm system if. (a) The person controls both the alarm system and the premises upon which it is installed; or (b) The person controls the premises and is the subscriber, client or tenant of the system subscriber; or (c) The person is the system subscriber or alarm user. (4) All persons required to obtain a registration must complete a registration application form which is provided by the ^ity clerk's oPolice Department. Information required to be provided on the registration application form includes, but is not limited to: (a) Subscriber's and/or alarm user's name, address and telephone number(s); (b) Names and telephone numbers of three additional persons who will respond in the Ordinance No. H - 9 Page I of Rev 1/10 event of alarm activation in the absence of the alarm user and said person will provide access to premise and be able to deactivate alarm, or said persons will provide information on who to contact for access; (c) The electrical inspection permit number, (d) Name of the alarm business responsible for regular maintenance and that companys electrical contractor's license number-, (e) The information required in subsections (3) and (4) of this section shall not apply to alarms which are installed by the homeowner/tenant; (f) The information required in subsection (4)(c) of this section shall not apply to (a) existing alarms or (b) alarms which are installed in multiple-tenant buildings_ (5) Failure to complete the required information will result in automatic denial of the registration. (6) Each registration shall be given a number which shall not be transferable. (7) Completed applications for an alarm user's registration and a registration fee as set forth in the Citys annual Fee Schedule', reselu`t; shall be filed with the ^ity ^'^rk's 0moi^ Police Department, exGept that Re fee shall be Gharged for a!aFms installed prier: te enarotmeRt Of this ena^tment of thi^ Ghapter. (8) A penalty fee as set forth in the Citys annual Fee Schedulefee Feseluti will be charged, in addition to the registration fee provided in subsection (7) of this section, to a userwho fails to obtain a registration within 30 days after the system becomes operative, or to a current user who fails to obtain a registration. (9) Registration fees shall be payable to the city of Federal Way and deposited into the citys general fund to be used exclusively for the direct or indirect support of law enforcement activities. (10) Any person who owns, operates, or possesses any alarm system within the city of Federal Way, which does not conform to the requirements of this chapter, shall disconnect that alarm and render it inoperable or alter it in accordance with this chapter no later than July 31, 1994. (11) If a residential alarm user is over the age of 62, or is an economically disadvantaged person and is a resident of the residence, and if no business is conducted in the residence, a registration may be obtained from the ^it„ ^IeFk'S nffi^ePolice Department according to subsection (4) of this section without the payment of a fee. (12) The following shall be required to obtain a registration under this chapter, but shall not be required to pay any fee: (a) Businesses which are nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, governmental or youth organizations. (13) Alarm user shall notify police department, within 10 days, of any change of information from that contained on the registration application. Section 2. FWRC 12.50.030 is hereby amended to read as follows: 12.50.030 Service GhaFgesfees for `XGA -false alarms. (1) Service sgargesfees will be assessed by the city GI Chief of Police or designee for eXGessive false alarms during the registration year asfellews as outlined in the CitVs annual Fee Schedule. (2) The sity-sler Chief of Police or designee shall send a notice of false alarm determination Ordinance No. 1I - 10 Page 2 of 6 Rev 1/10 to the alarm user and the alarm business by regular mail efthe -fourth for the second and any subsequent false alarms. The notice shall include the amount of the penalty service fee and the consequences of the failure to pay the-pepa4y service fee. The Gity G! Chief of Police or designee shall also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided in FWRC 12.50.090. If the service chargefee has not been received in the cityy sleFk's eff+sePolice Department within 50 days from the day the notice of service shargefee was mailed by the ^ity Gler-k's ^ Police Department, and there is no appeal pending on the validity of the false alarm, the sitysterkChief of Police or designee shall send the notice of service shargefee by certified mail along with a notice of late fee as set forth in the City's annual Fee fesel�ttienSchedule. If payment is not received within 14 days of the day the notice of late fee was mailed, the police ^hief Chief of Police or designee may initiate the no response process and enforcement of penalties. Section 3. F"C 12.50.040 is hereby amended to read as follows: 12.50.040 No response to excessive false alarms. (1) After the sixth false alarm in a registration year, the s+tyc-lerkChief of Police or designee shall send a notification to the alarm user by mail, which will contain the following: (a) That the sixth false alarm has occurred. (b) That if any additional false alarms occur within the remainder of the registration year, the police may not respond to any subsequent alarms without the approval of the pelise G4iefChief of Police or designee and the alarm user registration can be revoked. (c) That the approval of the peliGe 44 (Chief of Police or designee can only be obtained by applying in writing for reinstatement_ The ^G'iGe d cfChief of Police or designee may reinstate the alarm user upon a finding that reasonable effort has been made to correct the false alarms which includes consideration of a letter from user's alarm company, duly registered to do business in the city of Federal Way, which states the alarm system is operating properly and the alarm user(s)' agents are properly trained in the alarm system operation. The City of Federal Way shall not be responsible for any costs incurred by the user to qualify for reinstatement. (d) That reinstated users will be billed for any false alarm responses after reinstatement, and will be subject to further revocation after any more false alarm responses during the remainder of the registration year. Registrations will not be reinstated if there are any outstanding fees OF SeF iGe ^harges due. (e) That the alarm user has the right to contest the validity of a false alarm determination through a false alarm validity hearing as set forth in FWRC 12.50.090. (2) After the sixth false alarm within a registration year, or in case of a delinquent payment pursuant to FWRC 12.50.030, there may be no police response to subsequent alarms without approval of the pe#iEe GhiefChief of Police or designee. If police response is suspended, the pause shiefChief of Police or designee shall send a notification of the suspension to: (a) The department's communications center; (b) The department; (c) The alarm user by certified mail; and (d) The persons listed on the alarm user's registration who are to be contacted in case of an emergency, by certified mail. (3) The suspension of police response to an alarm shall begin 14 days after the date of service of the notice of suspension of service to the alarm user unless a written request for a false alarm validity hearing has been made in the required time period as set forth in FWRC 12.50.090. Ordinance No. 11 - 11 Page 3 of 6 Rev 1/10 Section 4. FWRC 12.50.080 is hereby amended to read as follows: 12.50.080 Special registrations. (1) An alarm user required by federal, state, county or municipal law, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to the alarm system regulations, provided: (a) A registration shall be designated a special alarm user's registration. (b) A special alarm user's registration for a system that has five false alarms in a registration year shall not be subject to the no response procedure and shall pay the penalty fees and applicable service ehargesfees. (2) An alarm user that is a governmental political unit shall be subject to this chapter, but a registration shall be issued without payment of a registration fee and shall not be subject to service shargesfees or the imposition of any penalty provided herein. Section 5_ FWRC 12.50.090 is hereby amended to read as follows.- 12.50.090 ollows: 12.50.090 Administrative hearing. (1) An alarm user may appeal the validity of a false alarm determination or the assessment of penalties to the PGIiGe GhiefChief of Police or designee, by filing a written notice of appeal with the sity-slerkChief of Police or designee within 14 calendar days from the date of service of the notice of a false alarm or notice of any penal yservice fee. Service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail, unless the thiel day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday following the third day. The city may also request a hearing before the pEAGe-G iefChief of Police or designee to assess costs, modify previous orders, or to enter other orders as needed. Failure to contest the false alarm determination in the required time period results in a conclusive presumption for all purposes that the alarm was false. (2) Within 10 days of the clerk's receipt of the appeal, the P^'o„Ge-Gh hief of Police or designee shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal. Written notice of the time and place of the hearing shall be served on the user by the city Ele*Chief of Police or designee, by certified mail, at least 10 days prior to the date set for the hearing. (3) The hearing shall be before the police chief or the n^lice chiefs desigl,o^ Chief of Police or designee. The alarm user and the city shall have the right to present written and oral evidence. If the hearing officer finds that the appellant has proven by a preponderance of evidence that an alleged false alarm did not occur during the registration year, the hearing officer shall vacate the false alarm determination. If the hearing officer finds that the appellant has proven by a preponderance of evidence that any penalties are improper, the hearing officer shall waive them. Otherwise the hearing officer shall affirm the false alarm determination and penalties. The hearing officer shall issue a written decision, including findings of fact, conclusions, and order within 14 days of the hearing. If false alarm determinations are affirmed, the city GI Chief of Police or designee shall pursue the collection of the peRaltiesservice fees. If the civil penalty service fee is not found to be proper, then the alarm user shall bear no costs. (4) If a hearing is canceled more than 10 days after its request, then a cancellation fee as set forth in the Citys annual Fee Schedulef^e res^', ti must be paid. Ordinance No. 11 - 12 Page 4 of 6 Rev 1/10 Section 6. FWRC 12.50. 100 is hereby amended to read as follows. 12.50.100 Violations — Penalties. In addition to any fees that maybe assessed pursuant to this chapterother �ty, a violation of any provision of this chapter is a civil infraction pursuant to Chapter 1.15 FWRC. Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to snake necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10_ Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 11 - 13 Page S of 6 Rev 1/10 PASSED by the City Council of the City of Federal Way this _ day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: Ordinance No. 11 - 14 Page 6 of 6 Rev 1/10 COUNCIL MEETING DATE: June 21, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Washington Traffic Safety Commission (WTSC) Grant 2010/2011 Amendment #1 POLICY QUESTION: Should the City of Federal Way /Police Department accept an Amendment (Amendment #1) to an existing Memorandum of Understanding (HOU) with WTSCfor additional funds up to ,8'7,400 in overtime monies fiw the Police Department to conduct emphasis patrols for unpaired driving, speeding and seat belt er forcement from October, 2010 to December, 2011'. COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: June 14, 2011 Council Committee - (PRI-IS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JAMES NELSON, LIEUTENANT Attachments: 1. PRHS&PS Memo 2. Amendment # l to WTSC Target Zero MOU Options Considered: 1 _ Accept the grant 2. Reject the grant STAFF RECOMMENDATION: Staff recommends Option 1. DEPT: Police Department CITY MANAGER APPROVAL: i 1.12t DIRECTOR APPROVAL: ..- Comnuttee Council Cott"mace Council COMMITTEE RECOMNIENDATION: t move approval of Option 1 and forwarding the WTSC Grant Amendment #1 to full Council for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the WTSC Grant 2010/2011 Amendment #1 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 15 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Police Chief,-? FROM: Andy J. Hwang, Assistant Chlice SUBJECT: Acceptance of Amendment #1 to WTSC Grant Money to conduct overtime traffic emphasis patrols. Background The Washington Traffic Safety Commission (WTSC) sent the City Of Federal Way a Memorandum of Understanding (MOU) to accept grant funded overtime monies. The funding would be for the Police Department to conduct overtime emphasis patrols for traffic safety from October of 2010 to December of 2011. There are three areas of emphasis funding for a total of $9000. impaired driving $5,000, Speeding $2,800 and Seat Belt enforcement $1,200. This Amendment increases by $7,400 the amount available to the Federal Way Police Department for Target Zero Teams DUI enforcement. Proposal That the City Of Federal Way accepts Amendment # 1, accepting additional grant funded overtime monies from the WTSC. Funding Source Washington Traffic Safety Commission grant funding. 16 COUNCIL MEETING DATE: June 21, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SCORE INVESTIGATIVE AGREEMENT BETWEEN THE OWNER CITIES AUBURN, BURIEN, DES MOINES, FEDERAL WAY, RENTON, SEATAC AND TUKWILA POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ENTER INTO A SCORE INVESTIGATIVE AGREEMENT TO PROVIDE ASSISTANCE WITH INVESTIGATIONS OCCURRING WITHIN THE FACILITY THAT REQUIRE THE NEED FOR OUTSIDE INVESTIGATIVE ASSISTANCE? AND APPROVE THE CORRESPONDING RESOLUTION? COMMITTEE: PR&PS COMMITTEE MEETING DATE: June 14, 2011 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: DEPUTY CHIEF ANDY HWANG DEPT: Police Department Options Considered: 1. Approve the proposed Resolution and the Investigative Assistance Agreement 2. Do not approve the proposed Resolution and Investigative Assistance Agreement MAYOR'S RECOiNI,NIENDATION: The Mayor recommends approval of the proposed resolution and Agreement CITY MANAGER APPROVAL: �,� DIRECTOR APPROVAL.' Coumuttec Council Commiuee Council COMMITTEE RECOIVtNtENDATION: I MOVE TO FORWARD THE PROPOSED RESOLUTION AND THE INVESTIGATIVE ASSISTANCE AGREEMENT TO FULL COUNCIL AT THE JUNE 21, 2011 MEETING_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Resolution and Investigative Agreement between the owner cities of SCORE regional jail facility, and authorize Chief Brian Wilson to sign the Investigative Agreement, and authorize Mayor Priest to sign said Resolution_ " (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED it reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 17 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 201 1 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Police SUBJECT: SCORE Investigative Agreement The Federal Way City Council entered into an agreement with several other regionally located cities, to develop, construct and operate a jail facility in Des Moines to meet Federal Way's future jail space needs. The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila formed a governmental administrative agency know as the South Correctional Entity ("SCORE"), which is modeled after the successful interlocal Valley Communication facility agreement. The facility is almost complete and it is anticipated that misdemeanor offenders will be accepted and housed beginning August 22, 2011. The City of Des Moines has a small Police Department and is concerned that it may not have adequate resources to investigate all serious criminal incidents that may occur at the jail facility, i.e. homicides, felony assaults, suspicious suicides, etc. To ensure that other resources are available, the City of Des Moines is requiring that an "Investigative Agreement", outlining the process for investigating criminal incidents, be in place before a Certificate of Occupancy for SCORE is issued. The Police Chiefs of the owner agencies have discussed this issue and recognize that serious criminal incidents at the SCORE facility will be rare, and that the owner agencies, on a rotating basis, have the necessary resources to assist Des Moines Police Department with high profile incidents. This Investigative Agreement is the same as the Mutual Aid Agreement in which all involved cities provide assistance when requested by other jurisdictions. The Police Chief is comfortable continuing the mutual aid process for SCORE Investigative Agreement, and recommends that the City Council authorize the Chief to execute the Agreement. A Resolution of the City Council regarding the Investigative Agreement for the SCORE Jail facility is also required so that Council agrees and approves that the best interest of the citizens is to house Federal Way misdemeanants in SCORE. 18 Investigative Assistance Agreement This Agreement is between the State of Washington cities of Auburn, Bunen, Des Moines, Federal Way, Renton, SeaTac and Tukwila (collectively "Cities" and each "City"), which created a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity, ("SCORE"), effective on August 22, 2011. RECITAL WHEREAS, the Cities have worked closely in the past in all aspects of policing services and wish to continue such relationships with regard to the new detention facility built by SCORE and the investigation of any criminal or significant activity that occurs at this facility and pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW ("Act") and WHEREAS, RCW § 10.93.130. Contracting authority of law enforcement agencies, provides: "Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance." TERMS AND CONDITIONS NOW THEREFORE, in consideration of the above recitals which are incorporated by reference herein and other good and sufficient consideration, the Cities agree as follows: The SCORE Executive Director or designees and the Cities' Chiefs of Police will cooperate and exercise their professional judgment in requesting and responding to SCORE requests for investigative assistance. SCORE will utilize Valley Communications to initiate any required first responder calls for service for those emergency calls that require a police or fire response. Beyond emergency response, at the discretion of the Executive Director, SCORE will initiate requests to the Cities for investigative assistance with any investigations requiring the need for outside investigative assistance. The SCORE Executive Director and the Cities' Chiefs of Police will use best efforts to disburse the burden of such requests among the Cities on an equitable basis and the Chiefs of Police will use their best efforts to affirmatively respond to such requests for assistance. In the event that a City police department cannot respond to a mutual aid investigation request, the SCORE Executive Director will seek the aid of one of the Cities or another outside law enforcement agency for an investigation. At the sole discretion of the Executive Director, in circumstances where an independent law enforcement investigation (i.e. without the participation of a City) is needed, the SCORE Executive Director, or designee, will acquire the assistance of another outside law enforcement agency. SCORE will be responsible for initiating contact with the Chief of Police for the City of Des Moines, or designee, who is to be notified of the need for law enforcement investigative assistance before another law enforcement agency is requested. SCORE will also notify the Washington Cities Insurance Authority, as the 19 SE -51706 v1 circumstances warrant • At the discretion of the SCORE Executive Director, no requests will be made to the Cities' police departments to become involved in matters that are more commonly handled through other investigative means, such as labor employment issues or matters that are to be investigated and handled within SCORE's internal administrative procedures. • Liability for investigative assistance will be subject to the provisions of the Act. • A request for investigative assistance should contain the following elements: • Communication between SCORE and the Cities • Definition of the event that has occurred • Staffing requirements expected for the investigation • Status as to either lead agency, secondary agency, or to act as an independent reviewer • Estimated duration of the investigation • Estimation of any after -action events or functions that may occur Comprehensive written report of the event This Agreement may be executed in counterparts and to be effective on the date above specified. Penny Bartley, Director South Correctional Entity Scott Kimerer, Chief of Police Burien Police Department -2- 3l Bob Lee, Chief of Police Auburn Police Department John O'Leary, Interim Chief of Police Des Moines Police Department Brian Wilson, Chief of Police Federal Way Police Department James Graddon, Chief of Police SeaTac Police Department Kevin Milsovich, Chief of Police Renton Police Department Dave Haynes, Chief of Police Tukwila Police Department K:',.agreeements',police\201 FSCORE investigative agr final 21 -3- RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Regarding the tuvestigative Agreement for SCORE Jail Facility. WHEREAS, King County informed the cities that it would not provide jail services for misdemeanants after 2012; and WHEREAS, in response to King County and jail services costs the city councils for the South King County cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila approved an interlocal agreement in February 2009 forming the South Correctional Entity ("SCORE"); and WHEREAS, the location of SCORE is in Des Moines, Washington; and WHEREAS, construction of SCORE is almost complete and it is anticipated that Federal Way misdemeanants wiil be accepted and housed beginning August ? 2, ?01 1; and WHEREAS, Des Moines will not issue the Certificate of Occupancy for SCORE until all of the cities have entered into an investigative Agreement outlining the process for investigating criminal incidents that occur within the facility; and WHEREAS, the police chiefs from all the cities provide mutual aid when requested and are comfortable continuing the mutual aid process for the SCORE Investigative Agreement ("Agreement"); and WHEREAS, the City's police chief recommends that the City Council authorize him to execute the Agreement; and Resolution No. 11 - 22 Page 1 of 3 Rev 1/10 WHEREAS, the City Council of Federal Way finds that it is in the best interest of the citizens to house Federal Way misdemeanants in SCORE. NOW THEREFORE, THE CITY COUNCIL OF THE CITY" OF FEDERAL. 1VAY, RESOLVES AS FOLLOWS: Section 1. The Police Chief shall execute the proposed Agreement for the investigation of criminal incidents occurring within the facility in the usual manner of mutual aid in order for Des Moines to timely issue the Certificate of Occupancy to begin accepting Federal Way misdemeanants by August 22, 2011. Section 2. Severability_ If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. II - 23 Page 2 of 3 Rev 1/10 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 12011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATWCIA A_ RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\reso\201I\SCORE investigative agreement Resolution No. H - 24 Page 3 of 3 Rev 1/10 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2011 COPS GRANT APPLICATION POLICY QUESTION: NA COMMITTEE: PRHS&PS MEETING DATE: lune 14, 2011 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other — Information Only STAFF REPORT BY: Chief Brian Wilson DEPT: Police Summary: Attached MAYOR'S RECOMMENDATION: NA ''�� I MAYOR APPROVAL: DIRECTOR APPROVAL:`;1Yv0/1,1 3 -t%4ty 2111 All -201) Contnu ee Council Committee Council COMMITTEE RECOMMENDATION: NA Committee Chair _ Committee Member Committee Member PROPOSED COUNCIL MOTION(S): NA (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —08/1212010 RESOLUTION # 25 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Police SUBJECT: 2011 COPS Grant Application to fund three police officer positions for three years. Background The Police Department budget recommendation for 2011-2012 contains a reduction of 10 FTE's in order to meet the budget requirements. In an effort to save positions the Department submitted application to the 2011 COPS Hiring Program (CRP) for the fiscal year 2011. The Police Department was awarded a similar grant for the fiscal year of 2010, which funded four sworn officer positions for a period of three years. Therefore the Department is requesting funding for three (3) officers in 2011, for a period of three years, for a total salary and benefits of $807,345.00. I pri COUNCIL MEETING DATE: NIA ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONVERSION OF ANIMAL MANAGEMENT COORDINATOR POSITION POLICY QUESTION: NA COMMITTEE: PRHS&PS MEETING DATE: June 14, 2011 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Chief Brian Wilson DEPT: Police Summary: The Animal Management Coordinator, Kelly Crouch, resigned her position and accepted a crime prevention position with the City of Tacoma. The vacant Animal Management Coordinator position was converted to a second Animal Services Officer position. Attachments: Staff Report - Second Animal Service Position MAYOR'S RECOMMENDATION: NA MAYOR APPROVAL: DIRECTOR APPROVAL: �1.r7Jril. !d�_i7j/ Committee Council Committee Council COMMITTEE RECOMMENDATION: NA Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): NA 27 (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1'T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 27 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of I ce A - SUBJECT: Creation of Second Animal Services Officer Position Background: Kelly Crouch, our Animal Management Coordinator, has accepted a position with the City of Tacoma. The Animal Management Coordinator is primarily responsible for developing, implementing and maintaining our pet licensing program and various programs to decrease the need to shelter animals. Kelly has filled this position since the Animal Service Unit started in July 2010. Based on the first nine months of operations, it is my recommendation to fill the vacant Animal Management Coordinator position with a second Animal Services Officer (ASO). Justification: • The pet licensing program is established, data entry is accomplished with volunteer staff, and management of the program can be done by an ASO. • Increasing pet licensing will be dependent on several factors including; proactive enforcement, increased education, and increased visibility of unit through patrol and community programs. An ASO can accomplish these objectives. • Sheltering rates are below expectations and a few cat programs would reduce shelter rates further. These programs could be managed by an ASO. • Many of the dogs taken to the shelter are aggressive and not appropriate for placement, further decreasing the need for an FTE to work on shelter alternatives_ • Calls for service are significantly higher than King County reported and a second ASO would allow the City of Federal Way to continue to improve response times. • A second ASO would allow for greater coverage throughout the day (14 hours vs. 8 hours) and improves weekly coverage (6 days vs. 5 days). Sundays are a low call for service day and probably would not have Animal Services Unit coverage. • A second ASO would provide coverage during vacations, training, and other absences. • Approximately 60-70% of the Animals Services Unit calls can be handled by telephone without sending an ASO to the scene. This has absorbed a large amount of the Coordinator's time and would be better handled by an ASO. Cost Comparison: • Sal Coordinator = $3,575 — $4,524/monthly ASO = $3,756 - $4,753/monthly 28 • Training: Two week Animal Control Academy. The State does not always provide the academy. It is based on need and the 2011 academy has already occurred. Therefore it is recommended to send an inexperienced officer to a National Academy. The first available one would be the 40 hour, Level 1 course offered in Chicago in September. The cost of the academy is $525.00 plus travel, room and board. Officer Eatchel could provide additional training until the State Academy is scheduled. This amount would not be included if an experienced ASO was hired. • Second Animal Services Vehicle: Recommended Vehicle: The Ford Transit Connect is available for $20,000 - $23,000 and is available on the State bid. This vehicle is large enough to accommodate two large animal crates and would get at least 10 mpg better than the full size vans available by State bid. The full size van is available for approximately $17,500. The fuel savings should off -set the necessary additional annual replacement costs of the Transit Connect based on fuel at $3.90 per gallon and 160 miles of driving per week. Recommended Funding: In 2011 an unmarked vehicle assigned to CIS (9525) was approved to get replaced per the vehicle replacement schedule. The vehicle was then deferred until 2012. This vehicle would be replaced immediately and the new Animal Services Unit vehicle would be purchased with the replacement funds for #525 ($20,460). The gold Toyota Prius currently assigned to the Animal Services would be transferred to CIS. In addition, another unmarked vehicle assigned as a commander vehicle (#5152) was approved to be replaced in 2011. This vehicle replacement was also deferred until 2013. This vehicle collected 55,154 in replacement funds in 2011. This amount would also be applied to the purchase and outfitting of the second animal services vehicle. Vehicle #5152 would still collect more than sufficient funds to be replaced in 2013. The total available funding for the new Ford Transit Connect would be 525,614. • Uniform and Equipment: The ASO is a uniformed position and it will take approximately $2,500 to purchase the necessary equipment. 2 29 30