Loading...
PRHSPSC PKT 04-12-2004 City of Fedeial Way CITY CO UN CIL HUMAN SERVICES &PU City Hall Room 1. 2. CALL TO ORDER PUBLIC FORUM 3. 4. COMMISSION COMMENTS APPROV AL OF MARCH 18,2004 SUMMARY COMMITTEE BUSINESS A. City Hall 2% for Art Proposal B. Requesting release of Human Services One-time allocation of $58, 134. C. Park Impact Fee Workshop D. Resolution Establishing the Condition of Acceptance for Ownership of the West Hylebos State Park Action Faber Action Mypisi-Allen Information Schroder Action Schroder 5. 6. PENDING ITEMS . Community Center . Hylebos State Park Transfer . Elected vs. Appointed Municipal Judge 7. 8. NEXT MEETING - May 10,2004 ADJOURNMENT 2004 Committee Members: Jeanne Burbidge, Chair Jack Dovey Jim Ferrell Staff: Jennifer Schroder, Director Mary Jaenicke, Administrative Assistant 661-4041 City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Thursday, March 18,2004 5:00 p.rn. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell; David Moseley, City Manager, Karen Jorgenson, Assistant City Attorney, Anne Kirkpatrick, Director Public Safety, Angelina Allen-Mpyisi, Human Services Manager, Jennifer Schroder, Director, Parks, Recreation & Cultural Services, Mary Faber, Recreation and Cultural Services Superintendent, Rob Ettinger Dumas Bay Centre Coordinator, John Gamache, Knutzen Family Theatre Coordinator, Shelley Lebel, Special Events Coordinator, Mary Jaenicke, Administrative Assistant. Excused: Jack Dovey Guests: Donna Welch, Arts Commission, Regina Bigler, Arts Commission, C.T. Purdom, Parks Commission, Kevin King, Human Services Commission. Chair Burbidge called the meeting to order at 5:10p.m. PUBLIC FORUM None COMMISSION COMMENT The notice of vacancy for the Parks and Recreation Commission has been published in the newspaper. CT. Purdom requested that staff and Council encourage people toapply. APPROVAL OF SUMMARY Council members Ferrell and Burbidge motioned to accept the February meeting minutes as written. Motion passed. BUSINESS ITEMS Centerstae:e Theatre Conservatory Workspace Proposal Faber stated that Centerstage approached the Arts Commission with an interest to move their operations to Dumas Bay Centre in order to streamline their operations. The Commission has reviewed the proposal, and voted not to recommend the use of the second floor of the Centre for office space/storage space. They are still considering the lower floor of Dumas Bay Centre. The use of other City facilities will also be explored. . 2004 Human Services Commission Work Plan Kevin King, Vice Chair of the Human Services Commission reviewed the 2004 work plan. A large portion of their work plan is the 2005-2006 Human Services and Community Development Block Grant allocation process. Mr. King stated that their job is to find out the needs ofthe people in Federal Way, so they will be touring select agencies that may receive funding. Chair Burbidge stated that she has been contacted by members ofthe community, regarding individuals that stand on the comer with signs asking for money. They wanted to know if there was a way to regulate this. Chair Burbidge mentioned that in the past Human Services had cards available with information on resources available in the Community. These cards were available to hand out to people. Chair Burbidge suggested that the Human Services Commission put forward this idea to some of the organizations, and work collaboratively on this. Ferrell moved to recommend a to Council to authorize the 2004 Work Plan and place before the full City Council on the April 6, 2004 consent agenda. Burbidge seconded. Motion Passed. Proposed Chane:es to the Human Services General Fund Application Process Ms. Allen-Mpyisi stated that they are proposing to change two areas in the general fund process. Those areas are 1) to establish a funding minimum, of $5,000 and 2) if an agency submits an application that is incomplete or missing information, those applications are not considered for funding. Allen-Mpyisi stated that the rational for proposing these changes has to do with various factors. I) Improve staff efficiencies. 2) Maintain a level of consistency between the CDBG and the General Fund Budget 3) Improve the quality ofthe grant applications and streamline the funding process. The agencies will be strongly encouraged to meet with staff if they have questions or need help in preparing their applications. Staff will provide them with the necessary technical assistance. The Human Services PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Thursday, March 18,2004 Summary . Page 2 Commission approved staffs recommendation at their regular business meeting, and amended the motion to include language that they will have the discretion to lower the minimum. Ferrell asked if these changes would be providing agencies to ask for more money than they need. Mr. King answered that with the changes in the language staff will have the discretion to lower the minimum if they feel that $5,000 is too much. Ferrell moved to recommend to Council to authorize the proposed Human Services recommendation, which proposes a $5,000 funding minimum and allows City discretion to fund an agency lower than $5,000. It is further recommended that applications missing substantial or required information, as identified in the grant application instructions, will not be considered for funding. This motion will be placed before the full City council on the April 6, 2004 consent agenda. Burbidge seconded. Motion passed. Property Disposition Services Ae:reement Ms. Kirkpatrick stated that this is a new company in California that is operated by ex-police officers. . It is an Internet based auction company. The company sells unclaimed evidence from the property evidence roorn. The property is sold by bids, and the agency and the auction company split the proceeds. The department does not auction off drugs, money and guns. The public safety department is requesting that the proceeds received will be credited back to the PropertyÆvidence Account. Currently the department tries to contact the owners of the property, if the property cannot be returned, the evidence is destroyed. Ferrell moved to approve the Property Disposition Services Agreement and allow the proceeds to be posted to the PropertylEvidence account to help offset supply costs, and forward to full Council for consideration at its April 6, 2004 meeting. Burbidge seconded. Motion passed. City of Auburn Jail Interlocal Ae:reement Ms. Kirkpatrick reported that this is a standardjail contract that the department has been using with the other City Jails. This contract will enable the department to do a direct booking, and this jail will take women. There will not be any booking fees, and the daily fee is $56.23. The jail will take pre"sentenèe inmates and post-sentence inmates. Mr. Moseley stated that this agreement is important because it will give the Department two alternatives to the Renton County Jail, which charges a booking fee of$165.00 and the daily rate is $87.00. Ferrell moved to approve and accept this request for an Interlocal Agreement betWeen the City of Federal Way and City of Auburn for housing of inmates Gail services), and forward to full Council for consideration at its April 6, 2004 meeting. Burbidge seconded. Motion passed. PENDING ITEMS . Community Center: A study session with the Council has been scheduled for April 6. Council will be updated on the design and site. . . Hylebos State Park Transfer: This item will be presented at the Washington State Parks Commission June meeting. Schroder and Jorgenson are currently drafting a resolution that confirms the City's willingness to accept the transfer. The resolution will be presented at the May 4 Council meeting. Council member Ferrell would like to have a future discussion regarding going to an elected judge position in Federal Way. He would like this added to pending items. He would like Council to explore this possibility. Moseley stated that staff would start working on this and bring back information to the May Council Committee meeting. NEXT MEETING April 12 2004, 5:00 p.m. in the Mt. Baker Conference Room ADJOURNMENT Meeting adjourned at 5:42p.rn. 5.A CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: April 12, 2004 ;)!I/) # PRHSPS Council Committee ~. { Mary Faber, Rec tion and Cultural Services Coordinator I David Mo i anager City Hall 2 % Art Proposal Back2:round: On January 20,2004 Council approved the selection of artist Norie Sato for the City Hall 2% for Art Program. . The budget for the art project is $176,985.00. Ms. Sato has completed a conceptual design for comments and approval. Arts Commission Recommendation The Arts Commission reviewed the design proposal on April I, 2004 and voted to recommend option I to City Council for approval. Ms. Sato will attend the April PRHSPS Council Committee meeting in April for a presentation of the conceptual design. Committee Recommendation Options: 1. Motion to recommend to Council a "do pass" to approve the conceptual design of the City Hall 2% for Art Proposal and authorize Norie Sato to begin fabrication and place before the full City Council on April 20, 2004. 2. Motion to recommend to Council a "do pass" to approve the conceptual design of the City Hall 2% for Art Proposal and authorize Norie Sato to begin fabrication with the modifications as identified by Council, and place before the full Council on April 20, 2004. 3. Motion to not approve the conceptual design of the City Hall 2% for Art Proposal, and direct the artist to develop a new concept. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member A-\ S.B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: April 2, 2004 ~ Angelina Aile -M ., Human Services Manager David Mos nager Requesting Re ase of Human Services One-time allocation, $58,134 Background On November 19, 2002 the 2003-2004 Council budget was approved with the contingency of adding $58,134 to the City Manager's contingency budget designated for Human Services projects or uses. This is a one-time allocation subject to the Human Services Division fulfilling the following two conditions: . Ensure that existing Human Services funding is used efficiently by examining the gaps or overlaps in the Human Services Program. . That the distribution of the Human Services funding is serving the needs and priorities of Federal Way residents and is demonstrated by the human service agencies achieving their performance outcomes as a result of receiving grant support from the City. On March 30, 2004 staff presented a Memo to the City Manager explaining how the Human Services Division has fulfilled the conditions for the one-time funding request. Please refer to the attached Memo. Staff has used various approaches to monitor and evaluate the performance and organizational capacity of the human service agencies. Through our efforts and the work of the Human Services Commission we have also been successful in bringing human service agency staff together and other community stakeholders to discuss what are the emerging trends in the human services industry, the gaps in providing services and discuss ways to enhance partnership or collaborative opportunities with one another. Committee Recommendation Motion to recommend to Council to authorize the release of the $58,134 one-time Human Services allocation from the City Manager's contingency budget and place before the full City Council on the April 20, 2004 consent agenda. " ' , APPROVAL OF COMMITTEE REPORT': ',":', Ccrmmittee Metntier' , CbrrlmiÙ:ee~Mémbf!r Cómmittee"Chair ß-\ ~ CITY OF'" - ~ Federal Way ~V> ~ ~r& ~~J)- Q , ~ ~~ ~ y MEMORANDUM DATE: TO: FROM: VIA: SUBJECT: March 30, 2004 David Moseley, City Manager æ~ Angelina Allen-Mpyisi, Human Services Manager if,' " Kathy McClung, Director of Community Development Services ~t4\l/ Requesting release of Human Services One-time allocation of $58,134 Backaround At the City Council's November 19, 2002 meeting, the 2003-2004 Council budget was approved with the contingency of adding $58,134 to the City Manager's contingency budget designated for Human Services. The funds are to be allocated for one-time Human Services (HS) projects or uses. The release of these funds were subject to the following conditions: . Determine that HS funding is used efficiently by examining the gaps and overlaps in the Human Service Programs delivery system to ensure a safety net for the community is provided; and . That HS funding allocation priorities and processes ensure the needs of Federal Way are served first; and that best outcomes/results are achieved from the funds allocated. This Memo will serve to address the funding conditions and will formally request the release of the $58,134 for one-time Human Services projects or uses. Response to City Council conditions Outcome-based Evaluation The Human Services Division has incorporated various methods in its monitoring approach when working with human service providers receiving funding from the Human Services General Fund. The performance of the agencies is monitored through the use of Outcome-based evaluation. Outcome-based evaluation is a systematic way to assess the extent to which a program has achieved its intended results and looks.at three specific areas: . Outputs: Quantity of services delivered. Are the human service agencies meeting or exceeding their goals in the number of Federal Way residents being served? . Outcomes: Have the lives of individuals, families, organizations or the community been changed as a result of an agencies program? . Agency Administration: The agency maintains compliance with City contract requirements and continues to have the organizational capacity to manage its programs effectively. This approach helps staff to efficiently determine that the City's Human Services delivery system continues to provide a safety net for the commÙnity and determines if there are gaps in the services. r .~-- L Human Services One-Time Funding Request March 30, 2004 Page 2 Through staff's monitoring efforts, quarterly reports are received and staff conducts site visits to determine the organizational capacity of the human service agencies and if these providers are in fact improving the lives of low-and moderate- income Federal Way residents. When conducting the analysis to determine organizational capacity, several aspects are looked at within the agency: .. Staffing structure to determine the agency has the appropriate skill levels to implement the programs; That there are no major organizational capacity issues (Le. staff turnover) that will have a negative impact on successful program implementation; Organizational effectiveness/proven track record; Financial management to ensure funds are not co-mingled with other program activities; That the agency has successfully established collaborations or partnerships with other human service providers, and other stakeholders to minimize duplication of services; and That the agency successfully demonstrates meeting one or more of the City Councils priority goal areas for human services. . . . . . Based on staff's efforts, one agency. Auburn Youth Resources, was identified as not successfully meeting its performance goals and having limited staff capacity to ensure a safety net was being provided to the Federal Way youth being served through the City's human services program. Human Services Brown Bag Lunch On November 5, 2003, the Human Services Division (HSD) hosted a brown bag lunch with the various human services agencies. Twenty-three staff representatives from 19 agencies attended. The purpose of the meeting was to have an opportunity for HSD staff and providers to discuss what are the emerging trends in the human services industry, the gaps in providing services and discuss ways to enhance partnership or collabor~tive opportunities with one another. It also provided the agency representatives the chance to network with each other and to learn more about each other's specific programs. The HSD staff will continue to host a series of brown bag meetings this year because human service agency representatives saw this as a valuable tool by bringing them all together to discuss the challenges in the industry and at the same time to examine potential opportunities that can help improve the current human service delivery system to ensure the needs of Federal Way residents are being served. Consolidated Plan The Human Services Division is conducting a planning process to update the existing Human Services Comprehensive Plan to help identify the variety of needs (i.e. housing, human services, neighborhood revitalization) in Federal Way and the long-term strategies to help address those needs. The Plan will also assist City Council to determine if the City should become a direct entitlement City. The development of the Consolidated Plan is being highlighted because it will help determine what are the gaps, any overlaps in the Human Service Programs delivery system and what are the top priority service needs for Federal Way's low and moderate-income residents. This is important for the City because it will help determine the appropriate use of the Human Services and Community Development Block Grant (CDBG) funds in order to ensure the best outcomes and results are achieved through the funds allocated. The planning document will also .inform Federal Way's human services providers of the City's priorities and service needs for Federal Way low and moderate-income residents, and ensures their programs are designed to address those needs and priorities. ~-s Human Services One-TIme -Funding Request March 30, 2004 Page 3 Human Services Forum On February 23, 2004, the City's Human Services Division and Human Services Commission sponsored a Human Services Forum. Entitled "Seeking Solutions for a Better Future," the Forum provided Federal Way residents, human service providers, faith-based church leaders and other community stakeholders the opportunity to discuss what are the existing human services, housing, economic development and neighborhood issues effecting low-and-moderate income residents here in Federal Way. The Forum provided an excellent venue for the Federal Way community to come together and look at the gaps in the human services delivery system, develop strategies for providing new levels of services and prioritize what are the essential services needed to ensure a safety net for the community remains constant. The information collected will help the City's Human Services Division and Human Services Commission during the new 2005-2006 Human Services General Fund/CDBG application process, to prioritize how funds are allocated and ensure that the-needs of Federal Way are served first and that best outcomes/results are achieved from the funds allocated. Performance Guidelines/Funding Guidelines The City of Federal Way invests in human service activities for low and moderate-income populations, by supporting the programs of nonprofit human services agencies. While this approach conveys the expectation of full investment, it does not promise it. The nonprofit human service providers, based on their progress toward achieving the targeted performance objectives, and ensuring a safety net for the community remains continuous, must eam their future investments. To make the City's expectations very clear, staff developed a set of Performance Guidelines as a measure to help monitor the activities of the agencies and make sure they . remain in compliance in meeting their performance goals. The Performance Guidelines identify the steps that will go into effect if a human service agency performs poorly. This was an important policy decision because the goal of the Human Services Division is to guarantee that the funds allocated not only meetthe needs of Federal Way residents but that maximum performance is achieved, and best outcomes and results occur because City funds are helping to improve the lives of low and moderate-income Federal Way citizens. Using a similar approach, the Funding Guidelines were established to explain the City's Human Service Division's process for allocating the local Human Services General Fund and Community Development Block Grant (CDBG) dollars and help human services agencies become familiar with the City's expectations when submitting their application for funding. This information provides a funding framework for the human services agencies and gives them some indication how their applications will be screened during the new grant application process. The Funding Guidelines indicate that human services agencies will be screed based on a variety of factors, which includes and is not limited to: 1) their ability to accomplish the proposed set of eligible activities based on their proven track record, 2) the quality of services are benefiting low and moderate-income Federal Way residents, and 3) the agency is coordinating with other service providers to minimize duplication of services. As part of the funding process, a funding minimum has been established to help improve the quality of the grant applications, streamline the funding process by making it more efficient and holding the human service agencies to a higher standard. Joint South King County Cites Human Services and CDBG Public Services Application The South King County cities have collaborated to produce a "Common Application" for Human Services General Fund and CDBG public service funding. This is the first year that one application will be accepted by participating cities for both sources of funds. Once human service B-L1 . ~ Human Services One-Time Funding Request March 3D, 2004 Page 4 agencies complete the application, the agency will submit the same application to all participating cities from which funds are requested for a program. This regional approach is very important to highlight because South King County cities have put in place a mechanism that will help determine whether human service agencies are efficiently using human service funding, what are the gaps and if there are any overlaps in providing services. The application will also demonstrate that human service funding is being allocated appropriately, and addressing the priorities to ensure the needs of Federal Way and the other South King County cities low and moderate-income citizens are being served. Conclusion The work of the Human Services Division is to ensure that human service agencies are providing effective programs that are improving the lives of low and moderate-income residents. The various approaches, I have outlined, demonstrates that the staff are using various approaches to monitor and evaluate program performance and organizational capacity. Other methods, the Human Services Brown Bag, the Human Services Forum, and the development of performance and funding guidelines are tools that Were developed to determine currenUfuture trends in the human services industry, examine the gaps, overlaps and priorities in the human services system; and ensure that the City's fund allocation process is addressing the priorities and needs of low and moderate-income Federal Way residents. From a regional perspective the development ofa new South King County "Common Application" \NUl help streamline the funding process, because human service agencies will submit one application to the participating cities. In addition, this néw "Common Application" will enable South King County cities to determine if human services agencies are appropriately using their human service funding, we will also be able to better identify any gaps or overlaps in service,. and determine if human service funding allocations are appropriately addressing the priorities in the region so that Federal Way and the other South King County cities low and moderate-income populations are adequately being served. . The goal from these processes is to achieve the best outcomes, rèsults and maximum impact by improving the health and well being of our Federal Way citizens. If you concur with staffs assessment, this Memo formally requests that the amount of $58,134, in your City Manager's contingency budget, be released for Human Services one-time projects or uses during the 2004 calendar year. Staff is in the process of identifying human service agencies currently receiving ~ity support that could use these additional grant resources. If you require additional information or have questions, I am willing to arrange a time to meet with you to discuss this further. I can be reached at x4039. Thank you for your consideration. \)-5 S.C CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: To: From: Via: SUBJECT: April 12,2004 It PRHSPS Council Committee/] ~ Jennifer Schr der 'rector ,/L David Mo e y anager Park Impact Workshop - May 25th The Parks and Recreation Commission's work plan includes looking into the feasibility of a park impact fee and to recommend to the City Council whether to pursue a park impact fee ordinance for the City of Federal Way. Randy Young of Henderson, Young and Company was asked to provide a very cursory look at the City's potential for a park impact fee. Mr. Young has assisted several cities in King County and Washington in developing their park impact fees. Mr. Young reviewed the population and housing forecasts for Federal Way and provided the folJowing report: "The Comp Plan states that the Buildable Lands Study showed the City has the capacity for over 5,500 new residential units. The Sub-area Targets were even higher (over 6,100 households). Park impact fees in Washington range from $250 to $3,147 per single- family house. Rates in areas nearest to Federal Way include $316 at University Place, $491 at Puyallup, $591 in North Bend, $613 in Kirkland, $1,087 in Kenmore, $1,345 in Bothell, and $3,147 in Issaquah. If Federal Way experiences growth of 5,000 more homes, and if the City adopted a fee of only $200, the City would receive $1 million. An impact fee rate in the median range of $600 would generate $3 million, and a rate of$1, 000 wouldgenerate $5 million. Based on this informal analysis, it appears that there is enough potential revenue from a parks impact fee that it would be in the City's interest to explore the issue further. " If the city accepts the proposed annexation areas currentJy under consideration by council, the value of a park impact fee significantly increases. Currently the city randomly receives fee-in-lieu funding from developments that cannot accommodate on-site open space. There is no predictability to this funding source. Based on historical trends, the Park's C. 1. P. estimates approximately $50K annualJy from this source. &\ The Commission wj]] host a workshop on May 25th at 6:00 p.m. at Dumas Bay Centre. Topics that will be covered in the workshop include the following: A. B. Myths and realities of impact fees and mitigat~on Alternate methods for obtaining mitigation for impacts on parks and recreation resources Parks impact fees in other Washington jurisdictions Potential revenue from a park impact fee in Federal Way A vailability of other revenue for parks' Alternative level of service methods Service areas for park impact fees City growth vis-à-vis Potential Annexation Area Park Impact fees vis-à-vis impact fees for transportation and schools C. D. E. F. G. H. J. The Commission would like the workshop to include members of the Council, representation from the Lodging Tax Advisory group and the Chamber of Commerce. C-L- 5.D CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: To: From: Via: SUBJECT: April 12, 2004 PRH.SPS Council co.mmitte"1. / 1JJ---- JennIfer Schrod Irector-' David Mos . ana r Resolution es bshing the conditions of acceptance for ownership of the West Hyleb s State Park Background The City of Federal Way formally communicated interest in assuming ownership of the West Hylebos State Park in July 2003. The City and State Parks held a meeting on February 26, to discuss the transfer ofthe West Hylebos State Park to the City of Federal Way. Public comment received at that meeting was unanimous in support for the transfer. The attached resolution was prepared by the city and reviewed by Karl Jacobs, State Parks Real Estate Agent assigned to coordinate the transfer. The resolution outlines the conditions of acceptance by the City. The State Parks and Recreation Commission will consider acting on the transfer at its regularly scheduled June 17,2004 meeting. The Commission's recommendation will be forwarded to the Governor for signature. The transfer should be completed by September. Staff Recommendation Staff recommends forwarding the resolution to full council with a "do pass". Committee Recommendation Move to recommend to Council a "do pass" to accept the resolution establishing the conditions of acceptance for the ownership of the West Hylebos State Park and to place this item on councils May 4 Council Agenda under consent. . .. .' - -...-. .. A]>I)ROV AI, OF COMM l'l"i'KI4: RF.POnT: f~)!!~~'~!.t!~C ~Ç~~~!~ -. .-. on. , ...~=~=,..--~~~_I.I!!:ÍttCC .McDlbcr _.~_o==. C~~!!I!_~~~~._l\1.e~~er ~_. D-\ RESOLUTION NO. A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON ESTABLISHING THE CONDITIONS OF ACCEPTANCE FOR OWNERSHIP OF THE WEST HYLEBOS STATE PARK WHEREAS, the City of Federal Way ("City") on July 8, 2003 sent a letter to the State Parks and Recreation Commission, ("the Commission") to formally communicate interest in assuming ownership of the State of Washington ("State") West Hylebos State Park lands located in the City of Federal Way ("State Park"); and WHEREAS,. on October 9, 2003 the Commission directed staff to prepare mutually acceptable conditions for the transfer of the State Park to the City; and WHEREAS, on February 26,2003 a public meeting on the transfer of the State Park to the City was held with no opposition recorded; and WHEREAS, the State Park is a unique natural environment in an urban setting that our citizens greatly enjoy and appreciate; NOW, THEREFORE, THE CITY OF FEDERAL WAY, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1. Conditions of Acceptance. The Federal Way' City Council supports cònveyance ofthe State Park to the City under the following conditions: 1. The State will transfer, and the City will receive, ownership of all property, including but not limited to all improvements, currently owned by the State at the site; uÞ.2- 2. The State will provide clear title of all property(s) with no outstanding liens, other interests, or encumbrances; 3. The State will ex~ine origination of the funds used to purchase the property(s) and satisfactorily address and resolve any conversion clauses that need to be resolved; 4. The transfer shall not restrict or prohibit the City from considering and/or implementing development that accommodates public access and/or interpretive elements consistent with open space park development, and which would not derogate the natural resource, if deemed by the City as a necessary element to protect, preserve and/or enhance habitat within the open space, and/or for public education regarding the open space; 5. The City a17ees to comply with any existing use restrictions that may be in effect due to grants or funding sources used by the State during its ownership to acquire or improve the park; 6. Upon transfer, the State will terminate use ofthe State Park for all its operatìons including caretaker residency in the two buildings on site; 7. The City accepts all existing conditions and/or current leases as may be required by law. Section 2. Authorization to Take Additional Actions. The City Manager is hereby authorized to take all steps necessary to successfully complete the ownership transfer in accordance with the City Council's direction. Section 3. . 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 D~S invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date ofthis resolution is hereby ratified and affirmed. . Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this - day of May 2004. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: CITY CLERK., N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: PATRICIA A. RICHARDSON, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\RESO\West Hylebos State Park D-~