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PRHSPSC PKT 07-12-2011City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee July 12, 2011 City Hall 5:30 p.m. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Action Council Date Topic Title/ Description Presenter Page or Info A. Approval of Minutes: June 14, 2011 3 Action N/A B. Amend Federal Way Revised Code Chapter 2.05, Article III , Enge 5 Action First Reading Regarding Public Defense Standards 7/19/2011 C. Sitelines Park & Playground Products Retainage Release Gerwen 11 Action Consent 7/19/11 D. Allplay Systems Retainage Release Gerwen 13 Action Consent 7/19/11 E. First Amendment to the MacDonald -Miller Energy Performance Gerwen 15 Action Consent Agreement 7/19/11 F. Amend FWRC 6.35.030 of the Federal Way Revised Code Pearsall 23 Action First Reading Regarding Aggressive Begging 7/19/2011 5. PENDING ITEMS • Festivals • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, August 9, 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 [CES & PUBLIC SAFETY COUNCIL COMM[TTEE Tuesday, June 14, 2011 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge, and Council member Mike Park. Council Members in Attendance: Council member Linda Kochmar Committee Member Excused: Council member Roger Freeman Staff Members in Attendance: Amy Jo Pearsall, Asst. City Attorney, Brian Wilson, Chief of Police, and Mary Jaenicke, Administrative Assistant 11. Guests: None Chair Burbidge called the meeting to order at 5:32p.m. Public Comment: None Commission Comment: None APPROVAL OF SUMMARY Council member Park moved to approve the April meeting summary. Council member Burbidge seconded. Motion passed. BUSINESS ITEMS Amend Federal Way Revised Code Chapter 12.50 Regarding False Alarms Police Chief Wilson stated that the current Ordinance covers alarm registration, service fees for responding to false alarms and the process for no response to excessive false alarms. They would like to make some adjustments to the fee schedule based on false alarms. In 2010 the department responded to 2,357 alarms and 1,548 of those alarms were determined to be false. This is a significant consumption of resources. Many cities have implemented False Alarm Reduction Programs. Currently, in Federal Way there is no charge for the first three false alarms. There is a $50 charge for the fourth and fifth false alarm; and $100 fee for six or more false alarms, and they may suspend response. Chief Wilson is recommending the following changes to the fee structure for false alarms: I") Free, 2"a) $25.00, P) $50.00, 4`h) $100-00, 5`h) $150.00 and 6 or more) $200.00. Chief Wilson stated that the majority of false alarms are due to user error and not equipment malfunction. Currently a front counter Records Specialist manages the program and it consumes approximately 40% of her time. With the recommended change it would consume 60% of her time, and volunteers would be used to assist. Council member Park is in agreement with the fee structure, but he is concerned about businesses. Chief Wilson stated that if a business alarm went off, and there was not any sign of an attempted break-in and they could not determine what the cause is, they would not classify it as a false alarm. If it is clearly an operator error it would be classified as a false alarm. Chief Wilson stated that they will not recover their entire cost with this new fee schedule; this is to be more of an incentive for people to reduce the amount of false alarms. Council member Park moved to forward 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 accordingly. Council member Burbidge seconded. Motion passed. Washington Traffic Safety Commission (WTSC) Grant 2010/2011 Amendment #1 Police Chief Wilson reported that they applied for and received a grant to pay for overtime for emphasis patrols. The three areas of emphasis are 1) Driving under the influence (DUI) 2) Speeding and 3) Seatbelt Enforcement. This amendment will provide the department an additional $7,400 and will be used for DUI enforcement. Council member Park moved approval of Option 1 and forwarding the (WTSC) Grant Amendment #1 to full Council for approval. Council member Burbidge seconded. Motion passed. 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday June 14, 2011 Summary Page 2 SCORE Investigative Agreement Between the Owner Cities Auburn, Burien, Des Moines Federal Way, Renton, SeaTac and Tukwila Chief Wilson stated that part of the requirement for the Des Moines occupancy permit is to have an "Investigative Agreement' outlining the process for investigating criminal incidents. Because this facility is located in Des Moines, the city of Des Moines is concerned that they may not have the resources available to do this on an ongoing basis. There is interest in the owner cities to share the responsibilities for investigating criminal incidents that may occur in the facility. This Agreement has been approved in draft form by all of the agencies Police Chiefs and City Attorneys. Chief Wilson also stated that if he receives a request from SCORE, he has the option to decline. Ile will exercise that option if he thinks it is something that will use too many resources, or if SCORE would be better off hiring their own investigative firm. Council member Park moved to forward the proposed Resolution and the Investigative Assistance Agreement to Full Council at the June 21, 2011 meeting. Council member Burbidge seconded. Motion passed. Information Only — 2011 COPS Grant Application Chiel Wilson stated that they were informed by the COPS office that additional funding was made available for application. In the 2011-2012 budget seven police officer positions were not funded; and seventeen police officer positions are one-time funded. Since the budget was enacted, there are three vacancies in the department currently that would be dropped off in order to balance the budget in 2013-2014. That would leave them with a total of 10 commissioned police officer positions that are not filled and are not planned to be filled. This grant will fund three positions in an entry level salary for three years. The total value in salary and benefits is $807,345.00. This will support the downtown area and address neighborhood complaints. Information Only — Conversion of Animal Management Coordinator Position Chief Wilson stated that the program is doing well, but there are a lot of challenges. The Animal Management Coordinator is primarily responsible for maintaining the pet licensing program, and various programs to decrease the need to shelter animals. The coordinator position is currently vacant, and Chief Wilson would like to convert that position to an additional Animal Services Officer (ASO). There has been an increase in calls for services. They will not be purchasing an additional vehicle. There will be a minor additional cost in the salary, but not an additional FTE. NEXT MEETING July 12, 2011. ADJOURNMENT Meeting adjourned at 6:08p.m. COUNCIL MEETING DATE: ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMEND FEDERAL WAY REVISE CODE CHAPTER 2.05, ARTICLE Ill, REGARDING PUBLIC DEFENSE STANDARDS POLICY QUESTION: Should the Public Defense Standards Ordinance be amended` COMMITTEE: PHHSPS MEETING DATE: July 1 2.201 1 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Bryant Enge DEPT: Mayor's Office The Federal Way Revise Code regarding Public Defense Standards does not arbitrarily establish a caseload limit. The current Code provides for public defenders not to accept more cases than can be reasonably managed. Caseloads anticipated in a contract should allow each client the time and effort necessary to ensure effective representation. The Code currently provides that caseload limits be based on the number and types of cases anticipated. This amendment provides guidance concerning the number and types of cases determining caseload limits. For determining caseload limits public defenders will consider the number and types of cases being accepted for charging by the City Prosecutor's Office. Attachments: Exhibit A: Ordinance Options Considered: 1. Approve amending the Federal Way Revised Code Chapter 2.05, Article Ill, regarding Public Defense Standards that provides guidance in determining caseload limits for Public Defenders as the number and type of cases accepted for charging by the City Prosecutor's Office. 2. Not approve the amendment and provide staff alternate direction_ MAYOR'S RECOMMENDATION: Approve amending the Federal Way Revised Code Chapter 2.05, Article Ill, regarding Public Defense Standards that provides guidance in determining caseload limits for Public Defenders as the number and type of cases accepted for charging by the Citv Prosecutor's Office MAYOR APPROVAL: /- DIRECTOR APPROVAL:�e Commrt[eeCouncil Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 19, 2011. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (JULY 19, 2011): I move to forward approval of the ordinance to the August 2, 2011 Council Meeting for adoption - 5 2ND READING OF ORDINANCE (AUGUST 2,2011): "I move approval ofthe proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE ## REVISED - 081112"_010 RESOLUTION J# EXHIBIT A ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to public defense; amending sections of Chapter 2.05 FWRC. (Amending Ordinance Nos. 10-666 and 09-609.) WHEREAS, Federal Way Revised Code ("FWRC") Chapter 2.05, Article III, "Public Defense," sets forth the standards for the delivery of public defense services in the City of Federal Way; and WHEREAS, the Washington State Supreme Court is in the process of adopting standards for public defense services that require a more defined case load limit; and WHEREAS, the City's public defense case load limits contained in FWRC 2.05.170 are not clearly defined; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to update FWRC 2.05.170 to include case load limits that are more clearly defined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. FWRC 2.05.170 is hereby amended to read as follows: 2.05.170 Caseload. Caseloads anticipated in a contract for public defender services should allow each client the time and effort necessary to ensure effective representation. Anticipated caseloads should take into account both the number and types of cases anticipated, charging practices, plea bargaining practices, and case handling practices including diversions and other administrative procedures in use or expected to be used. Public defenders should not accept more cases than can be reasonably managed-, and case load limits should be determined by the number and types of cases being accepted for charging by the City Prosecutor's Office. For purposes of this section, "case" shall be as defined by the most current Public Defender Services Agreement. Private attorneys who provide public defense services as a portion of their practice should Ordinance No. 11- Page I of 3 Rev 1/10 dedicate a sufficient amount of time to their public defense caseload based on the percentage of a full-time caseload which the public defense cases represent. Section 2. 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 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of 2011. CITY OF FEDERAL WAY Ordinance No. 11- Page l of 3 Rev 1/10 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 - w Page 3 of 3 Rev 1/10 10 COUNCIL MEETING DATE: July 19, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SITELINES PARK & PLAYGROUND PRODUCTS RETAINAGE RELEASE POLICY QUESTION: Should the City accept the project with Sitelines Park & Playground Products as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS MEETING DATE: July 12, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks & Facilities Supervisor DEPT: PRCS History: The City worked with Sitelines Park & Playground Products through King County Directors Association (KCDA) to supply and install a new play structure at Lake Grove Park. They successfully completed this project and prior to release of Retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements_ Expenditure Summary: $49,562.14 — total invoiced 4,708.40 — sales tax $54,270.54 total project cost $2,478.1 1 Retainage (5% held from the $54,270.54) Options Considered: Accept the project as complete Do not accept the project as complete and give staff direction. MAYOR'S RECOMMENDATION: Council accept the project as complete and authorize staff to release Retainage in the amount of $2,478. t 1 to KCDA_ MAYOR APPROVAL: DIRECTOR APPROVAL: /AVK Co ittee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward to full Council on July 19`h for approval and accept the project as complete and authorize staff to release Retainage in the amount of $2,4 78. 11 to KCDA. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the project as complete and authorize staff to release Retainage in the amount of $2,478.1 1 to KCDA. " (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 -08/12/2010 RESOLUTION # 11 12 COUNCIL MEETING DATE: July 19, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ALLPLAY SYSTEMS RETAINAGE RELEASE POLICY QUESTION: Should the City accept the project ivith Allplay Systems as complete and authorize staff to release their Retainage' COMMITTEE: PRHSPS MEETING DATE: July 12, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks & Facilities Supervisor DEPT: PRCS History: The City worked with Allplay Systems through King County Directors Association (KCDA) to supply and install a new play structure at Lake Grove Park_ They successfully completed this project and prior to release of Retainage on any Public Works project; the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $51,780.16 - total invoiced 4,9 19. t 2 - sales tax $56,699.28 - total project cost - $2,589.01 Retainage (5% held from the $56,699.28) Options Considered: Accept the project as complete Do not accept the project as complete and give staff direction. MAYOR'S RECOMMENDATION: Council accept the project as complete and authorize staff to release Retainage in the amount of $2,589.01 to KCDA. MAYOR APPROVAL:4.06�fDIRECTOR APPROVAL: Coninlittee Council Committee Council COMMITTEE RECOMMENDATION: 1 move to forward to full Council on July 19`" for approval and accept the project as complete and authorize staff to release Retainage in the amount of $2,589.01 to KCDA. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the project as complete and authorize staff to release Retainage in the amount of $2,589. 01 to KCDA. " (BELOW TO BE COMPLETED 8YCITY CLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL k ❑ DENIED 0T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 13 RESOLUTION 9 14 COUNCIL MEETING DATE: July 19, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: FIRST AMENDMENT TO THE MACDONALD MILLER ENERGY PERFORMANCE AGREEMENT POLICY QUESTION: Should the Mayor and Council authorize a first amendment to the MacDonald -Miller Performance Agreement and authorize the use of building reserve funds to pay for repairs? COMMITTEE: PRHSPS MEETING DATE: July 12, 2011 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen —Parks &Facilities Supervisor DEPT: PRCS j T, Attachments: First Amendment to the MacDonald—Miller Memo Options Considered: 1) Authorize a first amendment to the MacDonald -Miller Performance Agreement and authorize 'the use of building reserve funds to pay for repairs in the amount of $39,525.00 2) Do not authorize use of building reserve funds and provide direction to staff MAYOR'S RECOMMENDATION: Option 1: Authorize a first amendment to the MacDonald -Miller Performance Agreement and authorize the use of building reserve funds to pay for repairs in the amount of $39,525.00 MAYOR APPROVAL: DIRECTOR APPROVAL: tf/d Comkittee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the authorization of a first amendment to the MacDonald - Miller Performance Agreement and to use building reserve funds to pay for repairs in the amount of $39,525.00, and authorize the Mayor to move said authorization to the full Council July 19, 2011 consent agenda for approval Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "l move approval of authorizing a first amendment to the MacDonald -Miller Performance Agreement and to use building reserve funds to pay for repairs in the amount of $39,525.00" (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 -08/12/2010 RESOLUTION # 15 ` CITY OF �.. Federal Way Parks and Facilities Division Date: June 30, 2011 To: PRHSPS Council Committee From: Stephen lkerd, Parks & Facilities Manager Jason Gerwen, Parks & Facilities Supervisor Via: Mayor Skip Priest Subject: First Amendment to the MacDonald -Miller Performance Agreement Background: The City entered into an Energy Performance Agreement with MacDonald -Miller Facilities Solutions November 2010 to upgrade City Hall; front end Direct Digital Controls (DDC), replace 3 rooftop HVAC units and install one new unit. This project was funded through an ARRA Grant, PSE rebate program and guaranteed future energy savings_ The equipment and controls have been successfully installed. Now that the new front end DDC controls are installed and the system is operating, additional testing has revealed that there are 24 repairs needed to interior equipment. City Hall has 78 heating and cooling zones that are controlled by individual Variable Air Volume boxes (VAV). Each one of these VAV boxes has a proprietary Staefa controller and velocity probe that is obsolete should they fail. Nine (9) of the 24 VAV boxes in need of repairs have Staefa controllers that have failed. There is a universal LON controller upgrade available that will allow these VAV boxes to still function with our new front end controls. Rather than upgrading all Staefa controllers, staff recommends upgrading 15 controllers now and then use the 15 removed Staefa controllers as spare parts for any future failures. This strategy reduces the cost to replace all controllers now and extends our serviceability for a much longer period of time. These needed repairs affect the overall performance and comfort levels in various locations of the building, so we are requesting authorization to use building replacement reserves to make these repairs. Recommendation: Amend the MacDonald -Miller Performance Agreement to include the 24 repairs and replace 15 Staefa controllers in the amount of $39,346.01. Funding for this project would be from the City Hall building replacement reserves. Expenditure summary: Repair estimate 10% contingency Total Amendment Funding summary: Current balance in City Hall replacement reserves Amount requested from replacement reserves Balance in City Hall replacement reserves $13,348.00 — 24 repairs 22,584.00 — 15 LON controllers 3,593.00 $39,525.00 $1,569,604.00 39,525.00 $1,530,079.00 CC — Cary M Roe, P.E., Director, Parks, Public Works and Emergency Mpgagement MacDonald-Miller FACILITY SOLUTIONS Steve Ikerd City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 June 30, 2011 RE: Amendment to 2011 Energy Efficiency Equipment Installation & Services Agreement Dear Steve: Presented below is our amendment to the existing contract. The purpose of the amendment is to give you options for the following: 1) Repair all identified pre-existing conditions pertaining to the variable air volume boxes. Lists of these conditions are attached. In addition, engineer prints show 2, 10" supply diffusers in Mayor's office. There is currently only one. 2) Replacement of fifteen (15) existing Staefa Smart It controllers with the new LON based Predator controllers. Sincerely, Dale L. Mesecher Account Manager MacDonald -Miller Facility Solutions, Inc. 17 Page t of 7 Steve Ikerd City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 June 30, 2011 Amendment #1 Proposal #2011 -14394 -DM City of Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 Initial 1 Cost for Repairing all Pre-existing Conditions to VAV Boxes and Installing Customer Supplied Supply Diffuser in Mayor's office (See attached pre-existing condition report) including sales tax is $13,348.00 2 * Replacement of fifteen (15) existing Staefa Smart It controllers with LON based Predator controller, including sales tax is $22,584.00 *Staefa Smart II controllers are obsolete and no longer available for purchase. Dale L. Mesecher Date Account Manager MACDONALD MILLER FACILITY SOLUTIONS, INC. City of Federal Way Sunday, July 03, 2011 18 Date June 30. 2011 Page 2 of 7 VAV Box Pre -Existing Conditions Report June 11, 2011 Envirotech VAV box 1101 Located in Room 1094 False Ceiling The blower wheel is dirty and should be replaced to help prevent possible component damage Price for all parts and labor is $115.00 Envirotech VAV box 1103 Located at PS Counter The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1104 Located in Chief Lobby 1057 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2108 Located in CRT Staff Room 1140 The Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART Our price for all parts and labor is $450.00 Envirotech VAV box 2111 Located in CRT Admin Hall 1138 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box AH 102 Located in Traffic Hall 1035 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is Sunday, July 03, 2011 19 $110.00 Page 3 of 7 0 Envirotech VAV box 1219 Located in Judge Area 11.43 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is Envirotech VAV box A1207Located in PS Lunch Hall The blower motor in this boxed is seized and will not operate. We recommend this motor be replaced. Our price for all parts and labor is $450.00 Envirotech VAV box 1202 Located in Permits Lobbv 2014 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1203 Located Room 2056 The electric heat has been unhooked from this unit. We recommend time be give to diagnose and provide recommendations. In addition, the Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART. Our price for replacing Staefa VP controller and troubleshooting is $675.00 Envirotech VAV box 1205 Located Room 2025 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1212 Located PS Quarter Master 2009 The blower wheel is dirty and should be replaced to help prevent possible component damage. Our price for all parts and labor is Envirotech VAV box 1213 Located IS 2049 The transformer coil is weak and should be replaced before failure occurs. Our price for all parts and labor is Sunday, July 03, 2011 20 $115.00 $110.00 Page 4 of 7 0 Envirotech VAV box 1215 Located 1S 2049 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is Envirotech VAV box 2204 Located in FD 2116 $110.00 The Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART Our price for all parts and labor is $450.00 Envirotech VAV box 2205 Locate in C D 2089 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2211 Locate in Room 2104 The heating elements in this box were found open and no longer operational. We recommend removing this element assembly, having it re -strung, and reinstalled. Our price for all parts and labor is $600.00 Envirotech VAV box 2214 Located in 2nd Floor Planner 2111 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1485.00 Envirotech VAV Box 1220 Located in Room 1128 Report Write The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Sunday, July 03, 2011 Page 5 of 7 21 Envirotech VAV Box 2109 Located in Room 1140 Crt Staff The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 2203 Located in Room 2116 F.D. The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 2213 Located in Room 2092 Crt Room The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 1108 Located in Room 1048 Files The damper actuator for this unit has failed and will need to be replaced to allow proper opening and closing of damper for proper air distribution. Our price for all parts and labor is $350.00 Mayor's Office Supply Diffuser There is currently one supply diffuser serving the majors office. Engineering prints indicate a quantity of two (2) are required for proper air flow. We recommend installing an additional 10" supply diffuser. Customer to supply diffuser. Our price for all material and labor is TOTAL FOR ALL PARTS AND LABOR $12,190.00 Sunday, July 03, 2011 22 $900.00 Page 6 of 7 COUNCIL MEETING DATE: July 19, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ANIEND FWRC 6.35.030 OF THE FEDERAL W,al REvtSED CODE REGARDING AGGRESSIVE BEGGING POLICY QUESTION: Should the City Council approve and adopt the proposed amendments to FWRC 6.35.030, Aggressive Begging? COMMITTEE: PRFIS&PS MEETING DATE: 07,112/2011 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Patricia Richardson, City Attorney DEPT: Law Attachments: Proposed ordinance amending FWRC 6.35.030; clean copy of proposed FWRC 6.35.030. Background: Federal Way Revised Code (''FWRC") 6.35.030, `Aggressive Begging," sets forth the prohibition of aggressive begging in the City of Federal Way_ In June, a King County Superior Court Judge found that portions of FWRC 6.35.030 are unconstitutionally vague as applied_ The proposed amendments to FWRC 6.35.030 makes it clear that the prohibited behaviors are the unwanted acts of intimidation and interference with pedestrian and vehicular traffic, rather than the actual act of begging, which is constitutionally protected speech. This new version has been modeled after the City of Seattle's Pedestrian Interference ordinance, which has been upheld as constitutional. Staff recommends adoption of the proposed amendments. Options Considered: I. Approve the proposed ordinance amending FWRC 6.35.030, Aggressive Begging. 2. Modify the proposed ordinance amending FWRC 6.35.030, Aggressive Begging. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: 1 AfL Comm/ ee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 19, 2011City Council meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (JULY 19): I move to forward approval of the ordinance to the August 2, 2011 Council Meeting for adoption. 2" READING OF ORDINANCE (AUGUST 2): '7 move approval of the proposed ordinance amending FWRC 6.35.030, Aggressive Begging. " (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Isr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 23 ORDINANCE NO. AN ORDINANCE of the City, of Federal Way, Washington, relating to aggressive begging; amending FWRC 6.35.030. (Amending Ordinance Nos. 08-576, 05-509, 94-214, 91-89.) WHEREAS, Federal Way Revised Code ("FWRC") 6.35.030, "Aggressive Begging," sets forth the prohibition of aggressive begging in the City of Federal Way; and WHEREAS, a King County Superior Court Judge has found that a subsection of FWRC, 6A )5.0' is unconstitutionally vague as applied; and WHEREAS, the City Council of Federal Way finds itis in the best interest of the citizens to revise FWRC 6.3 .030 so that it is constitutionally sound; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section L FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Aggressive begging. (1) it is a Grime foF any peFsen to intentionally enga- i sive begging in --any — place- (2 -)-The following definitions apply to this section: "Aggressive begging" means: (ai) Begging while using intimidationwith the intent to intimidate another person into giving money or goods; (b) Begging while using false or misleading information (c- Di Begging in a manner that creates a threat to the safety of any person or property; (d) Begging that impedes oF threatens to impede pedestrian eF veN tra#iE (eiii) Begging in a manner that exploits children; (fiv) Begging by providing or attempting to provide services or products of negligible value that were not requested or agreed to, while demanding or coercing payment in returner (gy) Begging in the following plaGes. (+,4)- WWithin 15 feet of an automated teller machine (ATM), or (ii) At a publiG transportation stop (ivi) Begging Son private property or residential property, if the owner, tenant, or lawful occupant has asked the person not to beg on the property or a sign has been posted indicating that begging is not allowed on the property_ Ordinance No. 11 - 24 Page I of 4 Rev 1/10 (Y) MaGes wheFe the begging is likely to GFeate a threat te the safety of f (vi) PlaGes where the begging limited to,, public- aGe&-adjae-ent- -whef� 4ie-beggipg4s dif., ecteu-to-or-4#ended--to-attract-the-aittentien ef;-thy -occupant apped-£flf--tf,avetiHg on the Foadway, unless said vehicle is legally paFke4 "Begging" means asking for money or goods as a charity, whether by words, bodily gestures, signs, or other means. LcL"Exploits children" means begging while associating with children when the funds will not benefit the children or where the children are not cooperating voluntarily but is not limited to (a) Stating that a donation is Reeded to rneet a spedfiG need and either that need does n t exist, the person either alFeady has sufficient funds to meet that need, or the per-son does xD ntend to use the funds to meet that need and the peFSen does not 6sGIeSe that faGt- (b) St when that is not true; (G) Wearing a military uniform or other- indiGatien of militaFy seWiGe, whole be Rgn6ther present- ner foFrner member of the seWiGe Mw to d (d) Simulating a phySwGal disabdity or using makeup oF a de0ce to simulate a defoFmity� r (e) Stating that a peFson is homeless, when that is net tpae. "Impede pedestrian or vehicular traffic" means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or a vehicle o to require a pedestrian or vehicle operator to take evasive action to avoid contact by ebstr , Examples include, but are not limited to preventing the flow of vehicular traffic on a roadwayand preventing the flow of pedestrian traffic on a sidewalk or at a public transportation stop intending to attraGt the attention of, the OGGUpant of any vehicle s-topped OF tFaveling OR th Foadway, unless the vehicle is legally parked (e)"Intimidat_eion" means to engage in words or conduct which would likely cause a reasonable person to fear bodily harm, fear damage to or loss of property, or otherwise be coerced into giving money or other thing of value. Evidence of intimidation shall include, but not be limited to: (ai) Persisting in soliciting and closely following or approaching a person after the person has made a negative response to the begging; (bii) Using violent or threatening gestures toward a person; (eiii) Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction; and (dim) Intentionally touching or causing physical contact with another person without that person's consent. (f) Public place" means anyplace that is in common use by, or expressly or impliedly open to, the public, whether owned oroperated by public or private interests, and includes but is not limited to any street, right-of-way, parking area, sidewalk, plaza, playground, school ground, park, cemetery, lake, stream, public conveyance, or business establishment open to the public. (2) A person is guilty of aggressive begging if, in a public place he or she intentionally: (a) Aggressively Begs (b) Impedes pedestrian or vehicular traffic. (3) It is an affirmative defense to prosecution under this section that the person was: (a) Requesting assistance in an immediate, emergent, and unexpected emergency situation; (b) Requesting, arranging, or providing a lawful tow of, or emergency repairs to, a vehicle; Ordinance No. I I - 25 Page 2 of 4 Rev 1/10 (c) Otherwise authorized by a city permit; or (d) A law enforcement officer in the performance of official duties. (4) A person violating this section is guilty of a misdemeanor. Section ?- — - ---- bility. 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 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5- Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of 2011 Ordinance No. 11 - CITY OF FEDERAL WAY MAYOR, SKIP PRIEST 26 Page 3 of Rev 1/10 ATTEST: CITY CLERK, CAKO[.1CN[_:ILLY, CLIC' 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. / I - 27 Page 4 of 4 Rev 1/10 Clean Copy of Proposed Changes to FWRC 6.35.030 6.35.030 Aggressive begging. (1) The following definitions apply to this section: (a) `Aggressively beg" means: (i) Begging with the intent to intimidate another person into giving money or goods,- (ii) oods;(ii) Begging in a manner that creates a threat to the safety of any person or property; (iii) Begging in a manner that exploits children; (iv) Begging by providing or attempting to provide services or products of negligible value that were not requested or agreed to, while demanding or coercing payment in return; (v) Begging within 15 feet of an automated teller machine (ATM); or (vi) Begging on private property or residential property, if the owner, tenant, or lawful occupant has asked the person not to beg on the property or a sign has been posted indicating that begging is not allowed on the property. (b) "Begging" means asking for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (c) "Exploits children" means begging while associating with children when the funds will not benefit the children or where the children are not cooperating voluntarily_ (d) `Impede pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require a pedestrian or vehicle operator to take evasive action to avoid contact. Examples include, but are not limited to preventing the flow of vehicular traffic on a roadway and preventing the flow of pedestrian traffic on a sidewalk or at a public transportation stop. (e) "Intimidate" means to engage in words or conduct which would likely cause a reasonable person to fear bodily harm, fear damage to or loss of property, or otherwise be coerced into giving money or other thing of value. Evidence of intimidation shall include, but not be limited to: (i) Persisting in soliciting and closely following or approaching a person after the person has made a negative response to the begging,- (ii) egging;(ii) Using violent or threatening gestures toward a person; (iii) Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction; and (iv) Intentionally touching or causing physical contact with another person without that person's consent. (f) "Public place" means any place that is in common use by, or expressly or impliedly open to, the public, whether owned or operated by public or private interests, and includes but is not limited to any street, right-of-way, parking area, sidewalk, plaza, playground, school ground, park, cemetery, lake, stream, public conveyance, or business establishment open to the public. (2) A person is guilty of aggressive begging if, in a public place, he or she intentionally: (a) Aggressively Begs; or (b) Impedes pedestrian or vehicular traffic. (3) It is an affirmative defense to prosecution under this section that the person was: (a) Requesting assistance in an immediate, emergent, and unexpected emergency situation; (b) Requesting, arranging, or providing a lawful tow of, or emergency repairs to, a vehicle,- (c) ehicle;(c) Otherwise authorized by a city permit; or (d) A law enforcement officer in the performance of official duties. (4) A person violating this section is guilty of a misdemeanor. 28