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PRHSPSC MINS 07-12-2011 City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 12, 2011 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge, Council member Mike Park, and Council member Roger Freeman. Council Members in Attendance: Council member Linda Kochmar Staff Members in Attendance: Pat Richardson, City Attorney, Bryant Enge, Administrative Services Director, Brian Wilson, Chief of Police, Cary Roe, Director Parks & Public Works, and Mary Jaenicke, Administrative Assistant II. Guest: Susan Honda Chair Burbidge called the meeting to order at 5:30p.m. Council member Freeman moved to amend the agenda and add Amend the City of Federal Way's 2011 CDBG Annual Plan to the agenda as item A. Council member Park seconded. Motion passed. Public Comment: Ms. Honda requested that next week's City Council special meeting be televised so that people can watch it from home. Commission Comment: Ms. Honda stated that the Diversity Commission held a retreat and there were a lot of ideas generated from this retreat. The Diversity Commission will have a booth at the King County Library Diversity Fair. The Arts Commission held a contest to name the new piece of artwork at the Dumas Bay Centre. There were 70 submissions. The Artist chose the winning name. The name will be revealed at a reception that will be held on July 25 at the Dumas Bay Centre APPROVAL OF SUMMARY Council member Park moved to approve the April meeting summary. Council member Burbidge seconded. Council member Freeman abstained. Motion passed. BUSINESS ITEMS Amend the City of Federal Way's 2011 CDBG Annual Plan Administrative Services Director Enge reported that Congress reduced the 2011 CDBG funding by 16.4 %. The contingency plan stated that if there was an increase or decrease in funds it would be applied to the Federal Way Emergency Services Project. This reduction would nearly eliminate the HealthPoint Dental Program. Staff met with the Human Services Commission, and the recommendation was to make a pro rata cut. The budget cuts would be applied proportionately among the CDBG programs. The second piece involves the Capital Plan. There were two projects that had a building component to them. These projects cannot move forward because they were not able to get permits and/or acquire the property. The money will be coming back to the City. That money will be placed in the contingency fund and reallocated in 2012. They would like to take $9,800 of the returned funds and apply it to the Highline Community College Microenterprise Development program. This $9,800 represents the 16.4% reduction that was applied to this program. Council member Park moved to forward staffs recommendation to amend the City's Preliminary 2011 CDBG Plan to the August 2, 2011 consent agenda for approval. Council member Freeman seconded. Motion passed. Amend Federal Way Revise Code Chapter 2.05, Article III Regarding Public Defense Standards Administrative Services Director Enge reported that the current code provides Public Defense standards in terms of caseloads. This is not an arbitrary number. When establishing their caseloads Public Defenders need to take into account the current types of cases that are being considered. They do not want the Public Defenders to focus on their private or other cases. When they are considering their caseload they need to take into consideration the caseload with the city. City Attorney Richardson added that this ensures that the amount of resources that are going for prosecution will be as equal as possible for the Public Defense. Council member Roger Freeman moved to PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday July 12, 2011 Summary Page 2 forward the proposed Ordinance to First Reading on July 19, 2011. Council member Park seconded. Motion passed. Sitelines Park & Playground Products Retainage Release Director Roe presented. The playground has been installed, and the project is complete. Staff is requesting to release the retainage and closeout the project. There was no discussion. Council member Park moved 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 $2,478.11 to KCDA. Council member Freeman seconded. Motion passed. Allplav Systems Retaiage Release Director Roe presented. The playground has been installed, and the project is complete. Staff is requesting to release the retainage and closeout the project. There was no discussion. Council member Park moved 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. Council member Freeman seconded. Motion passed. First Amendment to the MacDonald - Miller Energy Performance Agreement Director Roe presented. The city entered into an agreement in November 2010 to replace a portion of the HVAC system. This included new direct digital controls. There are 78 heating and cooling zones in city Hall that are controlled by variable air volume boxes (VAV) Through the installation process it was discovered that there are 24 (VAV) boxes that are in need of repair. Each of the VAV boxes have a proprietary Staefa controller card, which is being discontinued. Nine of the 24 VAV boxes in need of repairs have Staefa controllers that have failed. Staff is recommending replacing 15 Staefa cards with a LON controller. The 15 removed Staefa cards will be kept in inventory to use as spare parts for any future failures. There are 2 requests: 1) Repair the 24 VAV boxes, 2) Replace 15 Staefa controller cards with LON controllers. The total amount of the amendment is $39,525.00. Funding will come from the City Hall replacement reserves account. Council member Park stated that MacDonald - Miller had evaluated the entire facility. Why wasn't this detected at that time? Director Roe answered that the scope of the project was to replace the units and affect the energy savings associated with the better efficiency units. They did not investigate all 78 VAV boxes. When the new controls were in place, it was discovered that some of the controls were not communicating with the VAV boxes. It would have been impossible to know in advance that the VAV boxes were not working with the new controls because they had not been in place yet. Council member Freeman moved 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. Council member Park seconded. Motion passed. Amend FWRC 6.35.030 of the Federal Wav Revised Code Regarding Aggressive Begging City Attorney Richardson reported that the city's aggressive begging ordinance was appealed, and the Judge ruled that parts of it were unconstitutional because it was focusing on the aggressive begging aspect which is a protected first amendment right. The focus is now on the intent to intimidate and impede pedestrian and vehicular traffic. This ordinance is modeled after the City of Seattle's Pedestrian Interference ordinance, which has been upheld as constitutional. Council member Park moved to forward the proposed ordinance to First Reading on July 19, 2011 City Council meeting. Council member Freeman seconded. Motion passed. Other - Council member Kochmar thanked the Police Department for apprehending some thieves that were in her neighborhood. NEXT MEETING - August 12, 2011. ADJOURNMENT - Meeting adjourned at 6:10p.m. Council member Burbidge reconvened the meeting at 6:13 to discuss the possibility of canceling the August 9, 2011 meeting. Council member Freeman will be out of town. Director Roe stated that Administrative Assistant Jaenicke will send out an email to see if staff will have any time sensitive items for the August meeting. Police Chief Wilson stated that he may have one item for the August meeting. Chair Burbidge suggested bringing this item to the FEDRAC meeting. ADJOURNMENT - Meeting adjourned at 6:17p.m. J:APRHSPS \2011 \Admin \2011 \July prhsps min.doc