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Council PKT 04-15-2014 RegularCITY OF , * Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 15, 2014 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Communities in Schools b. Certificates of Appointment: North Lake Management District c. Mayor's Emerging Issues and Report 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 1, 2014 Special and Regular Council Meetings ...page 3 b. Family Funland Labor Contract Change Order ...page 14 c. Danneko Retainage Release ...page 16 d. Fiscal Year 2014 State Criminal Alien Assistance Program (SCRAP) Grant Application... page 17 e. Washington Traffic Safety Commission (WTSC) Grant — Amendment #1 — For Impaired Driving and Seat Belts ...page 20 f. Fourth Amendment to AT &T Site Lease — BPA Trail /Aquatic Center ...page 24 g. 2014 Community Enhancement Grant Allocations ...page 28 6. COUNCIL BUSINESS a. Parks, Recreation, Human Services & Public Safety Council Committee Meeting Minutes from March 11, 2014 ...page 31 b. Arts Commission Appointments ... page 35 c. Human Services Commission Appointments ... page 37 The Council may add items and take action on items not listed on the agenda. 7. ORDINANCES First Reading: a. CB# 648 Amending the City Organizational Structure... page 39 An ordinance of the City of Federal Way, Washington, amending the City Organizational Structure; amending FWRC Title 2; repealing Chapters 2.12, 2.19 and 2.21; and adding new sections to Title 2. (Amending Ordinance Nos. 11 -682, 10 -666 and 10 -644) b. CB# 649 Amending Diversity Commission Membership Requirements ... page 48 An ordinance of the City of Federal Way, Washington, relating to the residency requirement for Diversity Commissioners, amending FWRC 2.65.030 (Amending Ordinance Nos. 92 -141, 93 -203, 96 -283, 06 -531 and 13 -748) Second Reading: c. CB# 647 Alternate Members for the Independent Salary Commission... page 52 An ordinance of the City of Federal Way, Washington, relating to the Independent Salary Commission; amending Federal Way Revised Code 2.80.030 8. COUNCIL REPORTS 9. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the April 1, 2014 Special and Regular City Council Meetings. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeilly. Citv Clerk DEPT: Mayor's Office Attachments: Draft minutes from the April 1, 2014 Special and Regular City Council Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: U i 1 Committee Council Initial CHIEF OF STAFF: N/A N/A Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # 0 DENIED 15T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF Federal Way MINUTES 'FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall April 1, 2014 6:30 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Deputy City Attorney Amy Jo Pearsall and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Mayor, Council and Deputy City Attorney adjourned to Executive Session at 6:30 p.m. to discuss collective bargaining pursuant to RCW 42.30.140(4)(b) and potential litigation pursuant to RCW 42.30.110(1)(i) for approximately thirty minutes. They adjourned from Executive Session at 6:55 p.m. 3. ADJOURNMENT The meeting was adjourned at 6:55 p.m. Attest: Carol McNeilly, CIVIC, City Clerk Approved by Council: City Council Minutes — April 1, 2014 Special Meeting Page I of 1 CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 1, 2014 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:05 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember LydiaAssefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Deputy City Attorney Amy Jo Pearsall and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. 3. PRESENTATIONS a. Proclamation: Mayor's Day of Recognition for National Service Mayor Ferrell read the Proclamation into the record and presented one to AmeriCorps Director Debbie McGee, and one to Margery Godfrey and other representatives of EarthCorps. b. Sound Cities Association (SCA) Mayor Ferrell introduced SCA Executive Director Deanna Dawson who provided a report on SCA's activities, mission and vision. Ms. Dawson distributed a booklet highlighting the 32 Regional Committees and Boards associated with SCA and the individuals serving on them. She reviewed the items discussed at the 2014 SCA Board Retreat and as well as the Boards priority policies. Councilmember Duclos and Deputy Mayor Burbidge extended their thanks to Ms. Dawson for her hard work and efforts with SCA. Mayor Ferrell commented on the great speakers SCA has presenting at their meetings. c. Recognition of Departing Employees: Mayor Ferrell stated two employees are attending their last Council Meeting this evening. Jay Bennett, Community Services Manager has accepted a position with a jurisdiction in Ohio. Bob Noland, Interim Finance Director will be returning to his home in Pasco, WA. Mayor Ferrell extended his thanks to Jay Bennett and Bob Noland for their service and superior work with the City and presented them with Certificates of Appreciation. Councilmember's extended their thanks and well wishes to Mr. Bennett and Mr. Noland. City Council Minutes — April 1, 2014 Regular Meeting Page 1 of 9 d. Mayor's Emerging Issues and Report • City Re- organization: Mayor Ferrell announced today was Finance Director Ade Ariwoola's first day with the City. Mayor Ferrell reported with the recent departure of the Parks, Public Works and Emergency Management Director, Marwan Salloum will serve as Interim Public Works Director and Ken Miller will serve as Interim Parks Director. Emergency Manager Ray Gross will report directly to Chief of Staff Wilson. • SCORE: Mayor Ferrell reported he attended a SCORE Board meeting last week where he learned the entity's first quarter 2014 projected revenues are showing a $2 million excess. If this trend continues, Federal Way will directly benefit through lower per- inmate fees. Mayor Ferrell offered to provide a formal presentation with facts and figures upon Council request. • Puget Sound Regional Council (PSRC): Mayor Ferrell attended a meeting last week where they received a briefing on the Viaduct and 520 Bridge. • Brooklake Property. At their April 18, 2014 meeting, the Council voted to acquire the Brooklake Property and Community Center— one of the most historic sites in the City. Within 48 hours of approval, the City finalized acquisition of the property. Mayor Ferrell announced a likely interpretive center and future plans for this important property and the many citizens interested in ensuring this becomes a proud, capstone of the entire Hylebos area. • State of the City Address: Mayor Ferrell reported tomorrow is the Mayor's State of the City Address at the Twin Lakes Country Club. The event starts at 11:30 a.m. • Neighborhood Connection Meeting: Mayor Ferrell noted the next Neighborhood Connection Meeting is scheduled for April 24, 2014 at Adelaide Elementary School at 6:00 p.m. • Oso Landslide: Emergency Manager Ray Gross reviewed two types of landslides — shallow and deep -seat slides, along with factors which contribute to landslides. Mr. Gross reviewed potential landslide hazard areas within the City and spoke to the importance of community relationships and proper planning to ensure effective emergency response efforts. Chief of Staff Wilson noted the photograph Mr. Gross shared depicted a shallow slide which occurred on 20th Ave. a few years ago. 4. CITIZEN COMMENT Margaret Nelson announced the Federal Way Regional Library is hosting an event on Tuesday, April 8, 2014 to provide input on the next Library Director. She noted comments can be provided online April 7 through April 14 at www.KCLS.org. She asked the Council to keep the Parks Commission up to speed in regards to park development (agenda item 7.d.) 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 18, 2014 Special and Regular Meetings b. Vouchers c. Monthly Financial Report Motion: Deputy Mayor Burbidge moved approval of Consent Agenda items 5.a. through 5.c. Councilmember Duclos second. Vote: City Council Minutes — April 1, 2014 Regular Meeting Page 2 of 9 Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. 6. PUBLIC HEARING a. Amendments to the 2012 CDBG Annual Action Plan • Staff Presentation: Community Services Manager Jay Bennett provided background information on the 2012 CDBG Annual Action Plan. He stated the Five -year Consolidated Plan (2012 -2016) is required by HUD and helps to coordinate resources Identify community needs, set priorities and develop strategies to address local needs, and set the stage for annual action plans. The Annual Action Plan presents strategies for allocating CDBG dollars to projects that assist in achieving objectives in the Consolidated Plan. The 2012 AAP was adopted by the City Council in November 15, 2011. Substantial Amendments are required when new activities are proposed or when funds are reprogrammed after initial approval of the Action Plan. Mr. Bennett explained the City has unspent CDBG funds in program year 2012 as a result of implementing some programs in the Fall (versus earlier in the year) and additional funds credited to the City from King County. The Human Services Commission reviewed the amendments and recommended approval on February 24, 2014. The public review and comment period was advertised from February 14 through April 1, 2014. Mr. Bennett detailed the amendments, and new activities /additional funds. • Public Comment: Mayor Ferrell called for public comment. (3 minute limit). No public comment was provided. • Council Action: Motion: Councilmember Honda moved approval of the substantial amendment to the program year 2012 Community Development Block Grant Annual Action Plan and authorized the Mayor to execute forms and agreements related to the Amendment. Councilmember Assefa- Dawson second. Vote: Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. 7. COUNCIL BUSINESS a. North Lake Management District Advisory Committee Appointments Motion: Councilmember Celski moved to appoint Terry Thomas, Robin Cook, Charles Gibson, Brian Cleary and Mary McClellan - Aronen to the North Lake City Council Minutes — April 1, 2014 Regular Meeting Page 3 of 9 Management District Advisory Committee with terms expiring March 15, 2016. Councilmember Duclos second. Vote: Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. b. Addition of Staff Positions to Community & Economic Development Department Community and Economic Development Director Patrick Doherty stated the policy question before Council is whether or not the City Council should approve funding of four additional staff positions in the Community and Economic Development Department. Mr. Doherty provided background on the staff reductions to Community Development during the 2010 -11 Biennium. He provided a PowerPoint presentation on the permit volumes /values and permit fees collected from 2008 to 2013. The proposed additional positions are: Development Specialist, Associate Planner, Building Plans Examiner/ Inspector and Code Compliance Officer. Mr. Doherty reviewed the funding sources that would support the proposed positions. He also reported on a pilot - program for Code Enforcement efforts by having the City be more pro- active than reactive to code issues. Councilmember Celski stated his appreciation for the approach taken to identify the new positions, identifying funding for them, and for remaining mindful of future budgets. Motion: Councilmember Duclos moved approval of ongoing funding for the following new positions: Associate Planner, Code Compliance Officer, Building Plans Examiner /Inspector, and Development Specialist. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. c. Addition of Staff Position Economic Development Manager Chief of Staff Brian Wilson spoke to the importance of economic development efforts within the City and reviewed the roles, responsibilities and salary rage of the Economic Development Manager /Director. Because of the important demands placed upon the Community Development Director, the increasing permit and construction activities in the City, and the role of economic development, it is important to re- establish the position of a dedicated Economic Development Manager /Director. Councilmember Maloney inquired whether or not the position would serve all areas of economic development in the City or just in the downtown area. Chief of Staff Wilson replied the position will focus on city -wide economic development efforts. Councilmember Duclos spoke in support of establishing the position as a director instead of a manager because of the importance of economic development in the City. She believes advertising the position as director -level would result in more qualified applicants City Council Minutes — April 1, 2014 Regular Meeting Page 4 of 9 versus persons who would apply for a manager position. Mayor Ferrell noted this item was presented to FEDRAC as a manager position; however, he supports and agrees with establishing the position as a director. Councilmember Celski would like to see an Economic Development report provided at each FEDRAC meeting to measure progress to achieve established goals. Motion: Councilmember Duclos moved approval of ongoing funding for the new position of Economic Development Director, and authorize the hiring process to fill this position subject to Council confirmation. Councilmember Maloney second. Councilmember Honda stated she has advocated for a split between the Economic Development and Community Development Director not because of any shortcoming of current incumbents, but because of the importance of focused efforts on economic development. Mayor Ferrell spoke to the excellent work by Patrick Doherty on major projects, international sporting events, new businesses, and expanded development in the City all while juggling the demands of Community Development activities and responsibilities. Vote: Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. Mayor Ferrell remarked about the number of positions which have been brought forward for Council confirmation. This provides more opportunities for Council input on the persons filling these positions. Mayor Ferrell stated his commitment to keep Council informed as the interview processes begin. d. Approval of Expenditure for Park for "Town Square" Site and Authorization to Seek Bids for the Associated Improvements. Community and Economic Development Director Patrick Doherty reported the City hired Nakano Associates who drafted three park concepts which were presented to the Mayor and staff for review. From those concepts a fourth was developed by blending features from the first three. If approved by Council this evening, Request for Bids will be issued on April 22 and opened on May 6. Staff will return to Council on May 20 for bid award. Ida Ottesen, of Nakano Associates presented a conceptual plan of the park and reviewed its various elements including a grassy lawn area, two bocce -ball courts, a pea -patch area, a large chess board area, basketball courts, a painted labyrinth, a small stage and a dedicated area for a holiday tree. Once developed, this park would accommodate the Farmers Market. Ms. Ottesen reviewed the costs associated with the park development. Councilmember Duclos voiced her support and excitement for the park stating she believes this will spur development in the downtown. However, she does not like reference of an interim park as this will likely be a permanent park. Mayor Ferrell agreed with Councilmember Duclos comment and removed the "interim" designation as this is more of a foundation for the future development of this parcel. City Council Minutes — April 1, 2014 Regular Meeting Page 5 of 9 Councilmember Honda inquired if the stairs currently located on the site will remain. Ms. Ottesen replied this is a question for moving forward depending on the development options selected. If they remain, they will be brought up to code. Councilmember Honda asked that a living tree be planted for a permanent holiday tree allowing citizens to watch it grow over the years. Councilmember Honda also expressed concerns about vandalism of chairs and tables. Mr. Doherty stated there are ways to protect against theft; consensus was reached that the park property will be protected. Councilmember Honda inquired about the number of parking stalls and how parking will be designated so that it isn't used for Transit Center overflow. Mr. Doherty stated there are approximately 70 parking stalls with parking restricted time allotments; enforcement may be necessary. Deputy Mayor Burbidge expressed an interest in a temporary ice -rink for the holidays which may be possible through sponsorship. Mr. Doherty replied that because of the size of the parcel there are opportunities to establish features like this in the future. Deputy Mayor Burbidge stated her support of this park and encouraged ensuring it is integrated with other downtown amenities. Councilmember Maloney asked whether the holiday tree, stage and mural have been budgeted or if these items are just earmarked. Ms. Ottesen stated of the three items noted; only the mural is unbudgeted. Councilmember Maloney inquired about the lack of irrigation and whether that would be problematic. Ms. Ottesen replied weekly or bi- weekly manual watering of the planting areas and grassy areas will require manual watering. However, an irrigation system would cost approximately $16,000. Councilmember Celski inquired about the amount of asphalt removed from the grassy area. Ms. Ottesen replied there will be no asphalt removed. What they are proposing is removing the foundation slab on a ten -foot grid, covering the area with top -soil thereby staying within clearing and grading constraints while staying away from major excavation. Mayor Ferrell highlighted the access points to the park and feels it is important to invest in the main entrance to the property. Mayor Ferrell asked Deputy City Attorney Pearsall how to best address additional funding for this project. Ms. Pearsall responded a motion could be made either with a "not to exceed amount" or a motion limiting the expenditure to a specific amount which would require Council approval of any additional money needed in the future. Patrick Doherty described available funding, funding sources and how those amounts can legally be spent. Mayor Ferrell specified that Council has previously set aside $2,000,000 in funding for a downtown park. Of that amount, a portion is being allocated to this project. Councilmember Assefa- Dawson shared her support for the project and suggested the City partner with high school students to complete the mural at the park. Councilmember Assefa- Dawson asked if park lighting would be part of the project. Mr. Doherty stated lighting is not part of the proposed development. The park would be open from dawn to dust, which is consistent with other City park hours. Motion: Counciimember Honda moved approval of the expenditure not to exceed $200,000 to fund construction of a Park at the "Town Square" site and authorize staff to go out for bids for the project. Deputy Mayor Burbidge second. Vote: Deputy Mayor Burbidge Yes City Council Minutes — April 1, 2014 Regular Meeting Page 6 of 9 91 Councilmember Assefa- Dawson Councilmember Maloney Councilmember Honda Councilmember Celski Councilmember Moore Councilmember Duclos Motion carried 7 -0 ORDINANCES First Reading: Yes Yes Yes Yes Yes Yes a. CB# 647 Alternate Members for the Independent Salary Commission An ordinance of the City of Federal Way, Washington, relating to the Independent Salary Commission; amending Federal Way Revised Code 2.80.030 Deputy City Attorney Pearsall presented the proposed amendments to Federal Way Revised Code 2.80.30. The draft ordinance would allow five voting members and two alternate members to serve on the Independent Salary Commission. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Duclos moved to ordinance to the April 15, 2014 Council Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. forward approval of the meeting for adoption. Second Reading: b. CB# 645: Ordinance to Vacate a Portion of S 337th Street An ordinance of the City of Federal Way, Washington, relating to vacating a ortion of South 3374h Street located on the north side of S. 3374h Street west of 33"�Place S. adjacent to Lot 1 of Louise's North Lake Addition Plat at Federal Way At their March 18, 2014 meeting, the Council received a staff presentation on this item and forwarded the ordinance to this meeting for second reading and enactment. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Celski moved to enact the ordinance vacating a portion of South 337th Street located on the north side of S 337th Street, west of 33rd Place S and adjacent to Lot 1 of Louise's North Lake Addition plat at Federal Way to Steve and Cathy Lindula. Councilmember Duclos second. Vote: Deputy Mayor Burbidge Yes City Council Minutes — April 1, 2014 Regular Meeting Page 7 of 9 Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. Ordinance 14 -764 9. COUNCIL REPORTS Councilmember Duclos attended the SCA Policy Issues Committee meeting and recapped the discussions that occurred on climate change, hazardous waste fee rate structuring, and the Transportation Benefit District. Most timely was information about the King County Disaster Framework for Public /Private partnership Emergency Management Advisory Committee. Councilmember Duclos stressed the importance of emergency management and preparedness in Federal Way. Lastly, Councilmember Duclos provided an update on the Solid Waste Transfer Plan Update. Councilmember Moore attended the Reach Out Rollermania event which he reported was well- attended. He has been volunteering with the Federal Way Caregiving Network to feed the homeless one day per week; he encouraged volunteerism to benefit the homeless. He recently met with Tracy Oster of Communities in Schools to learn more about our students and the School District. Councilmember Celski stated he is looking forward to the Mayor's State of the City address tomorrow. He provided a report on the 3rd Annual Reach Out Rollermania event, they estimated over 400 attendees and raised over $8,000 in donations. He mentioned and thanked the volunteers, sponsors and special guests associated with the event. Councilmember Honda reported Federal Way resident lesha Brooks is participating on the hit television program The Voice. The current art exhibit at City Hall features artist Eileen Miryekta. She announced the next PRHSPS meeting is April 8, 2014. Councilmember Honda extended her thoughts and prayers to the Oso mudslide victims and stated her appreciation for first responders and those helping in the recovery. Councilmember Maloney spoke about the City's rebranding initiative and noted Deputy Mayor Burbidge assigned Councilmembers Duclos, Honda and Maloney to work on the initiative. She is excited to use her experience in marketing, branding and communications to benefit the City. Regular updates will be provided throughout the year. Questions or comments can be emailed to Kelly .Maloney(a)-cityoffederalway.com. Councilmember Maloney also remarked that Voice contestant lesha Brooks is the goddaughter of Councilmember Assefa- Dawson. Councilmember Assefa- Dawson praised Ms. Brooks' talents and thanked Councilmember Honda for mentioning her. Deputy Mayor Burbidge reported the LTAC TEG subcommittee will be reviewing the grant applications on April 3, 2014. Last week, Deputy Mayor Burbidge attended the state's Transportation Improvement Board meeting. Approved at the meeting were changes to criteria for the urban arterial program. Additionally, there was mention of some funding opportunities used in other jurisdictions which may be available to Federal Way. This Sunday the Federal Way Symphony will be performing at St. Luke's Church; this will be the last performance of the season. 10. EXECUTIVE SESSION City Council Minutes — April 1, 2014 Regular Meeting Page 8 of 9 • GelleGtive Bargaining Pursuant to RGVV 42.30.149(4)(b) • Potential I itigatien Oi FS ant to RGVV 42.30.11 0(l)(i) The Mayor and Council did not adjourn to Executive Session. 11. ADJOURNMENT With no additional agenda items, Mayor Ferrell adjourned the meeting at 9:39 p.m. Attest: Carol McNeilly, CIVIC, City Clerk Approved by Council: City Council Minutes — April 1, 2014 Regular Meeting Page 9 of 9 COUNCIL MEETING DATE: April 15, 2014 ITEM #:) b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FAMILY FUNLAND LABOR CONTRACT CHANGE ORDER POLICY QUESTION: Should the Council approve a Change Order for the Family Funland Labor contract? COMMITTEE: PRHSPS MEETING DATE: April 8, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd .. g Parks & Facilities Manager DEPT: PRCS ................................................................................................................_ ............................................................................................................................. ............................... ........................................................................................................................................................._...._..................................... ................._._._......... Attachments: Family Funland Labor Change Order memo. Options Considered: 1. Authorize a Change Order for Family Funland Labor contract in the amount of $3,702.53 to Danneko Construction and authorize the Mayor to sign said change order, and forward to the full Council April 15, 2014 consent agenda for approval. 2. Do not authorize a Change Order for Family Funland Labor contract to Danneko Construction and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1: Authorize a Change Order for Family Funland Labor contract in the amount of $3,702.53 to Danneko Construction and authorize the Mayor to sign said change order and forward to the full Council April 15, 2014 consent agenda fo„pproval. MAYOR APPROVAL: DIRECTOR APPROVAL: �oittee' ouncil Initial CHIEF OF STAFF: 1J,�/`� ^ , y Co-nft,f Counci COMMITTEE RECOMMENDATION: I move to forward the authorization of a change order for Family Funland Labor contract for $3,702.53 to Danneko Construction and authorize the Mayor to sign said change order to the full Council April 15, 2014 consent agenda for approval. _ PROPOSED COUNCIL MOTION: "I move approval of authorizing a change order for Family Funland Labor contract in the amount of $3,702.53 to Danneko Construction and authorize the Mayor to sign said change order ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF Federal Way Parks and Facilities Division Date: March 25, 2014 To: PRHSPS Council Committee Via: Mayor Jim Ferrell From: Stephen Ikerd, Parks & Facilities Manager Subject: Family Funland Labor Change Order Background: The Parks Department received Council approval on February 18, 2014 to enter into a contract with Danneko Construction for labor rates at a fixed bid amount to renovate the Family Funland Playground in Steel Lake Park. We received bid rates for 5 Journey Carpenters, 5 Carpenter Apprentice and 5 General Laborers. The estimated cost for 1500 hours, using these 3 classifications totaled $89,431.00, which did not include sales tax. Just prior to starting the renovation it was discovered that carpenter apprentice were not available during this down economy. The Contractor in addition to soliciting the union hall, also ran an advertisement with no success, so 5 additional general laborers were needed to fill the workload of the missing carpenter apprentice. The higher general laborer rate and sales tax increased the actual final cost by $3,702.53. To cover the shortfall in the contract for labor and taxes, we are requesting approval for a Change Order in the amount of $3,702.53 Available Budget: $90,000.00 — Council approved line item budget for the Funland labor cost. $89,431.00 — Estimated labor cost if all 1500 hours were needed for the project. $569.00 — Balance In addition to the balance in the line item above, there is an overall Funland balance of $13,611.00 when Council approved the whole project in January 2014. Summary of available budget: $13,611.00 569.00 $14,180.00 — overall project balance $3,702.53 — change order request $10,477.47 — new project balance COUNCIL MEETING DATE: April 15, 2014 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DANNEKO RETAINAGE RELEASE POLICY QUESTION: Should the Council accept the contract with Danneko Construction as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS MEETING DATE: April 8, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ierd Parks & Facilities Manager DEPT: PRCS ...................................................................................._..._..._..__.... ........ ......................................... $ ........................................................................................... _' -- ... _.._ ................. — History: The City contracted with Danneko Construction to provide labor for renovation work on the Family Funland playground at Steel Lake Park in the amount of $93,133.53. Prior to the 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 including tax: Family Funland labor amount; $93,133.53 and 5% retainage held from the project = $4,252.67 Options Considered: #1 - Accept the Danneko Construction contract as complete and release their $4,252.67 retainage. #2 - Do not accept the contract as complete, and provide direction to staff. ........................................ ..............p................ . 1�.............................................................................................................................................. ....................................................................... _ ...... . ........... _._ ......................... - .- ........................ MAYOR'S RECOMMENDATION: Option 1: Recommend Council accepts the Danneko Construction contract as complete and authorize staff to release their retainage in the amount of $4,252.67 MAYOR APPROVAL: 1 ? DIRECTOR APPROVAL: ee Council Initial CHIEF OF STAFF: Committ a Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Danneko Construction contract as complete and forward the authorization of staff to release their $4,252.67 retainage to the full Council April 15, 2014 consent agenda for approval. Committee Chair Committee Member Committee Me ber PROPOSED COUNCIL MOTION: "I move to accept the Danneko Construction contract as complete and authorize staff to release their retainage in the amount of $4,252.67 ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: April 15, 2014 ITEM #: ............... .......................................... ........................ _ ............ ............................................................................................................................................................................................................................................................................................................................................................................................................... ............................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FISCAL YEAR 2014 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCARP) GRANT APPLICATION POLICY QUESTION: Should the Federal Way Police Department complete an application for the FY 2014 State Criminal Alien Assistance Program ( SCAAP) grant, for reimbursement to SCORE owner Cities for ,incarcerating undocumented criminal aliens and accept the Grant if awarded? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: April 8, 2014 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: STAN MCCALL, ADMINISTRATIVE COMMANDER DEPT: Police Department Attachments: 1. PRHS &PS Committee Staff Report Memo 2. Copy of Email Announcement from DOJ, RE: 2014 ( SCAAP) Grant Options Considered: 1. Complete Application and Accept the Grant 2. Reject Application and Grant MAYOR'S RECOMMENDATION: MAYOR APPROVAL: DIRECTOR APPROVAL: e» Committe o Initial CHIEF OF STAFF: Co mitte Council COMMITTEE RECOMMENDATION: I move to forward the request for the SCRAP Grant for the City of Federal Way to the April IS, 2014 City Council Agenda. Committee Chair Committee Member Committee ember PROPOSED COUNCIL MOTION: "I move approval for the City of Federal Way to complete the Application for the FY 2014 State Criminal Alien Assistance Program ( SCAAP) Grant and authorize Chief Andy J. Hwang to accept said Grant if awarded. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 8, 2014 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Information and Permission to Accept, 2014 State Criminal Alien Assistance Program (SCAAP) Grant Funds. Background Overview: The Bureau of Justice Assistance (BJA) administers SCAAP in conjunction with the Bureau of Immigration and Customs Enforcement (ICE) and Citizenship and Immigration Services, Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens. FY 2014 Reporting Period: The FY 2014 reporting period for inmate and salary cost data is July 1, 2012 - June 30, 2013. Eligible Applicants: State and local governments that have authority over correctional facilities that incarcerate or detain undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for SCAAP funds. Regional jails, (such as SCORE), special jail districts, or regional jail authorities and boards do not qualify as political subdivisions of a state for purposes of SCAAP, and, therefore are not eligible to directly apply for SCAAP funds. Each unit of government that houses inmates at a regional facility must apply independently for SCAAP funds, based on its own costs of housing its undocumented aliens in the regional facility. Regional facilities may not submit SCAAP applications on behalf of jurisdictions in its service area, nor may a regional facility submit one application for all participating jurisdictions, using one jurisdiction's name as the recipient. SCAAP Award Calculation: Once SCAAP data has been validated and analyzed, applicants will receive e-mail notification that awards are ready for online acceptance and drawdown. Formal acceptance of an award via GMS is necessary for the electronic transfer of funds into the applicant's bank account of record. Applicants have 45 calendar days to accept awards through GMS once notice is provided. SCAAP payments must go to the jurisdictions' general fund. Federal Way applied for SCAAP reimbursement funds last year, (FY 2013), and received an award amount of, $3,380.00 from DOJ, which was deposited directly into our Key Bank account. FY 2014 Registration and Application Deadlines: The OJP Grants Management System (GMS) will open on Tuesday, April 1, 2014 to accept the Fiscal Year 2014 SCAAP applications. All applications must be submitted electronically at https:H ra�jp.usdoj.gov , by 6:00 p.m. (e.d.t.) on May 13, 2014. Extensions or exceptions to this deadline cannot be granted. Because of the volume and complexities involved in verification of all submitted innate data and the fact that BJA transmits this file to DHS immediately after the close of the solicitation, it is not possible for additional applicant data to be reviewed and sent to DHS after the deadline. This grant award will reimburse the individual SCORE owner Cities who make application for SCAAP funds. During the last reporting period, (FY 2013), Federal Way was responsible for the housing of 15 undocumented criminal aliens. The Police Department is presenting this grant application submission as information only. If we are awarded this grant, (we anticipate hearing from DOJ in October), the reimbursement funds will be deposited directly into the City's financial institution. If/when the City receives a SCAAP award; the Police Department is requesting Councils permission to accept the reimbursement funds. 2 SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT — AMENDMENT #1 FOR IMPAIRED DRIVING AND SEAT BELTS POLICY QUESTION: Should the City of Federal Way / Federal Way Police accept the additional funding of $1,460 from WTSC for Impaired Driving and Seat Belts, bringing the total funding to $9,860? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: April 8, 2014 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT KURT SCHWAN DEPT: Police Attachments: 1. PRHS & PS Memo 2. Amendment #1 to MOU between FWPD and WTSC Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: MAYOR APPROVAL: ♦ DIRECTOR APPROVAL: mmittee ncil IniU CHIEF OF STAFF: A j Committee Counci COMMITTEE RECOMMENDATION: I move to forward approval for the City of Federal Way to accept the additional funding from WTSC to the April 15, 2014 City Council Agenda. Committee Chair Committee Member C mmittee M ber PROPOSED COUNCIL MOTION: "I move approval for the City of Federal Way to accept Amendment #1 to the WTSC MOU on Impaired Driving and Seat Belts for additional funding of $1,460 and authorize Chief Andy J. Hwang to sign said MOU. " (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 # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 8, 2014 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Amendment #1 to WTSC MOU for Impaired Driving and Seat Belts Background The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing partnership, focused on Impaired Driving and Seat Belts. WTSC funding has allowed Federal Way Police to strengthen this enforcement through overtime funded patrols. Proposal The City Of Federal Way accepted a Memorandum of Understanding (MOU) for a term of: October 01, 2013 through September 30, 2014 for $8,400.00 at the City Council Meeting on November, 19, 2013. #1 to the above MOU increases the funded amount to a total of $9,460. Traffic Safety Commission (WTSC). THIS AGREE MOU entered Traffic Safety R g ST'ATf J Z H Hf 1860� Amendment #1 To the MEMORANDUM OF UNDERSTANDING BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION AND THE FEDERAL WAY POLICE DEPARTMENT NT, pursuant to Chapter 39.34 RCW, amends the 2013/14 mobilization funding to by and between the Federal Way Police Department and the Washington o imission (WTSC). IT IS THE PURPOSE OF THIS AMENDMENT to make overtime funding available to federal Way Police Department for the purpose of conducting distracted driving high visibility enforcement (HVE) patrols, in support of Target Zero priorities and in accordance with the updated scope of work outlined herein. TERM: October 1, 2013 September 30, 2014 ORIGINAL AMOUNTS Impaired Driving: $7,000 CFDA# 20.600 Seat Belts: $1,400 CFDA # 20.602 ADDITIONAL AMOUNT Distracted Driving: $1,460 CFDA# 20.600 These funds shall not be commingled and are only to be utilized for the specific emphasis area. 2. SCOPE OF WORK Distracted Driving: Agency will engage in multijurisdictional HVE patrols for all or part of the following: U Text. U Drive. U Pay — April 10 -15, 2014 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Signature - WTSC Signature — (Federal Way Police Department) (Date) (Date) APPROVED AS TO FORM ONLY BY THE OFFICE OF THE ATTORNEY GENERAL COUNCIL MEETING DATE: April 15, 2014 ITEM #: 5T CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AT &T CELL SITE LEASE AMENDMENT — AQUATIC CENTER / BPA POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE AMENDMENT OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PRHSPS MEETING DATE: APRIL 8, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall,_ Deputy City Attorney _ DEPT: Law AT &T entered into a Lease Agreement with the City on August 6, 2001 for installation and operation of certain equipment on City owned land located on the BPA trail for use in connection with its wireless telephone communications service. The lease was renewed in 2007 and 2011 and amended in 2014 (third amendment) after an agreement on the correct rental rate was reached. During the negotiation of the third amendment, the city was in the process of revising its internal guidelines regarding administration of telecom leases. The third amendment includes language that would allow those guidelines to be applied to this Lease Agreement should the amount for annual escalation of rent become less than four percent (4 %). The City Council has adopted revised internal guidelines that provide for a three percent (3 %) annual escalation in Rent. This fourth amendment will decrease the annual escalation rate for this Lease Agreement from four percent (4 %) to three percent (3 %), pursuant to the terms of the third amendment. Options Considered: 1. Recommend approval of the lease amendment and authorize the Mayor to execute the amendment. 2. _ RLe ect the lease amendment. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: tt COUM11 Initial CHIEF OF STAFF:y ACo#6ad COMMITTEE RECOMMENDATION: I move to forward the Fourth Amendment to the AT &T Site Lease On the BPA trail, t the April 1 S, 20 4 consent agenda for appr val. Committee Chair Committee Member Committee ember PROPOSED COUNCIL MOTION: " I move approval of the Fourth Amendment to the AT &T Site Lease on the BPA trail, decreasing the annual escalation rate to three percent (3016), and authorize the Mayor to sign said amendment" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # Market: PNW Site #: SS40 Site Name: Aquatic Center Fixed Asset No.: 10092633 FOURTH AMENDMENT TO LEASE AGREEMENT (AG #01 -121) THIS FOURTH AMENDMENT TO LEASE AGREEMENT ( "Amendment"), dated as of the latter of the signature dates below, is by and between the City of Federal Way, a Washington municipal corporation, having a mailing address of 33325 - 8`' Ave South, Federal Way, WA 98003 ( "City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA 30324 ( "Tenant "). The foregoing named parties to this agreement may be individually referred to as a "Party," and collectively referred to as the "Parties." WHEREAS, City and Tenant entered into that certain Lease dated August 6, 2001, as amended by that certain First Amendment to Lease Agreement (AG #01 -121) dated January 31, 2007, and that certain Second Amendment to Lease (AG #01 -121) dated November 8, 2011, and that certain Third Amendment to Lease Agreement (AG #01 -121) dated January 30, 2014 (collectively, the "Lease "), whereby City leased to Tenant certain Premises, therein described, that are a portion of the City Property located on the BPA Trail; and WHEREAS, The City has revised its internal guidelines regarding administration of telecom leases located on City owned real property. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Tenant agree as follows: 1. That Section 5.b., Rent, of the Lease is hereby amended as follows: b. The Rent shall be increased by three percent (3 %) per year throughout the Term of this Lease and Renewal Terms (if any). Each 3% increase shall become effective January I' of each calendar year. 2. That City's notice addresses set forth in Section 19, Notices, of the Lease are hereby deleted in their entirety and replaced with the following: If to City, to: City of Federal Way Mayor's Office 33325 8'h Ave South Federal Way, WA 98003 With copy to: City of Federal Way City Attorney's Office 33325 8'h Ave South Federal Way, WA 98003 3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. 4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as deemed in the Lease. SS40 / Aquatic Center — Fourth Amendment IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below. CITY: TENANT: City of Federal Way, a Washington municipal New Cingular Wireless PCS, LLC, corporation a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: By: Jim Ferrell, Mayor Print Name: Its: Date: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] SS40 / Aquatic Center — Fourth Amendment TENANT ACKNOWLEDGMENT STATE OF ) ss: COUNTY OF On the day of , 2C , before me personally appeared , and acknowledged under oath that he /she is the of AT &T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGMENT STATE OF ss: COUNTY OF ) On the day of , 20 before me, personally appeared , who acknowledged under oath, that he /she is the person/officer named in the within instrument, and that he /she executed the same in his/her stated capacity as the voluntary act and deed of Landlord for the purposes therein contained. Notary Public: My Commission Expires: SS40 / Aquatic Center — Fourth Amendment COUNCIL MEETING DATE: April 15, 2014 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2014 COMMUNITY ENHANCEMENT GRANT ALLOCATIONS ITEM #: POLICY QUESTION: How should the 2014 Community Enhancement Grants funding be allocated? COMMITTEE: Parks, Recreation, Human Services, Public Safety MEETING DATE: April 8, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: 7av Bennett DEPT: CEDD Attachments: Human Services Commission recommendations - 2014 Community Enhancement Grants Background: The Community Enhancement Grants (CEGs) are small grants intended to help community groups with small projects or events that benefit Federal Way residents. The grants are not intended for basic operations or fundraising. The City Council recently adopted new CEG policies for 2014, centered around the creation of two (2) application options for Federal Way groups; a small (up to $750.00) CEG application that is intended to provide funds for smaller neighborhood impact projects. The larger CEG (up to $1,500) application requires a match by the sponsoring organization and is intended to provide funds for a larger community project or activity. A total of twenty-three applications were received that requested $24,670 in grant funds. The City Council budgeted $20,000 in funding for the 2014 CEG. The members of the Human Services Commission reviewed, evaluated and discussed the 2014 applications at their special meeting held on March 24, 2014. The Commission recommends funding nine Small Grants for a total of $6,750, and nine Matching Grants totaling $13,250 as outlined in the attached matrix. Options Considered: 1. Approve the Human Services Commission's recommended funding for the 2014 Community Enhancement Grants. 2. Provide staff with alternate direction for Community Enhancement Grant funding. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the Human Services Commission's funding recommendations for the 2014 Community Enhancement Grants to the April 15, 2014 consent agenda for approval. ' . � -4- 4,6(4� Committee Chair Committee Member Committee ember PROPOSED COUNCIL MOTION: "I move approval of the Program Year 2014 Community Enhancement Grants as recommended by the Human Services Commission. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 15T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # Co � # k k E � k � a c � 0 S 0 S 0 G 0 S 0 V 0 S 00 S B 0 G® 0 0 0 m 2 w�rww��rw w& 6-k 2 <� 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 " 0 0 0 0 0 04 < wwrww": tn LO r# Ln Ln -7 r w�w r r - a_e__eeea_ � � \ / § D d § § $ 7 f S 2 o a « e E E 2 E E J m § E c S' mco» E> Q O / /0 sa§ / cu &2 c 4 2 0; 2 o s I o _ a m o : cc ® a) @ e 0 m o / / Z E }\ � \ / I« e> 3 4 e 2 k E \ j } } cc > 2 LL a) \ ) ol t 0 n LL a §0/_\000 - cu S e § f ± -0 k \� \ \ \ ) ') ¢ 0 { _ 7 e _ c = _ > o . 2 ¥# g o 2 k@ \�} ° y E \ & ® w E / 2 / 3 f ƒ / } / Co � # k k E � k � a c � COUNCIL MEETING DATE: April 15, 2013 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPROVAL OF THE MARCH 11, 2014 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE MINUTES POLICY QUESTION: Should the City Council members present for the March 11, 2014 Parks, Recreation, Human Services & Public Safety ( PRHSPS) Council Committee approve the minutes? COMMITTEE: PRHSPS MEETING DATE: April 8, 2013 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall, Interim City Attorney___ DEPT: Law Background: The Council members appointed to the Parks, Recreation, Human Services & Public Safety Council Committee changed between the March 11, 2014 and the April 8, 2014 meeting. As a result, at the Council Committee meeting on April 8, 2014, the minutes could not be approved because Councilmember Honda was the only remaining voting member. Consequently, approval of the minutes is under Council Business for Chair Honda's, Deputy Mayor Burbidge's and Councilmember Maloney's approval. Options Considered: 1. Chair Honda, Deputy Mayor Burbidge, and Councilmember Maloney approve the minutes as presented. 2. Chair Honda, Deputy Mayor Burbidge, and Councilmember Maloney approve the minutes as modified. MAYOR'S RECOMMENDATION: n/a MAYOR APPROVAL: n/a DIRECTOR APPROVAL: L4 Committee cil InitiaUDate Initial/Date I tial/Date AA CHIEF OF STAFF: n/a W •L0`lN PrDy1 x%4 Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N /A. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1 " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE, COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 11, 2014 5:30 p.m. SUMMARY Committee Members in Attendance: Chair Honda, Committee member Burbidge, Committee member Maloney Staff Members in Attendance: Cary Roe, Parks, Public Works & Emergency Management Director, Amy Jo Pearsall, City Attorney, Brian Wilson, Chief of Staff, Andy Hwang, Interim Chief of Police, Ken Miller, Deputy Public Works Director, Marwan Salloum, Deputy Public Works Director, Jay Bennett, Human Services Manager, Steve Ikerd, Parks & Facilities Manager, and Mary Jaenicke, Administrative Asst. II. Guests: Ann Cutting, Mike Park, Hee Jung Lee Chair Honda called the meeting to order at 5:30p.m. Public Comment: Ms. Cutting read a letter she had written stating her objection to the proposed Korean Garden along the BPA Trail. She believes that Parks should be used to promote opportunities for healthy, active lifestyles and exercise. She would like the proposed area for the Garden to be used for a switchback trail for running and biking. The letter also stated that the proposal seems generous on the surface, but that the City would be donating a parcel of land to one particular ethnic group. She requested that all options for the property be considered before proceeding further. Commission Comment: None APPROVAL OF MINUTES Committee member Burbidge moved to approve the February 11, 2014 committee minutes as written. Committee member Maloney seconded. Motion passed. BUSINESS ITEMS Korean Garden Mr. Miller reported that this item has been to Committee before. A Resolution was developed and approved by City Council. Mr. Miller reviewed the protocols that are listed in the Resolution. The information has been submitted to meet the requirements. There is a process listed in the resolution. If the city approves the use of city property for a Korean Garden, the design and development process will begin in accordance with the resolution. The 30 %, 85% and 100% design plans will be brought back to Council for approval. Mr. Park stated that he respected Ms. Cutting's concerns, but developing the garden will preserve and improve the nature of the area, and will increase the usage of the area. Mr. Park stated that it will be a very long process. The first step will be to clean up the site, utilizing volunteers. Council member Maloney asked if staff had gone out to the broader community and given other people an opportunity to make a suggestion for use of the area. She also stated that it is heavily used for exercise. She would like to hear what the community would like to have there, and would like to table this item until they can hear from King County regarding the electrical, irrigation and parking issues. Mr. Park stated that they have gone to King County, and they suggested applying for a Conservation Grant to raise funds. Mr. Park stated that they have been discussing these issues for two years. He stated that if City Council approves this on March 18, there is a process that they need to follow, and they would have to come back for 30% design approval. Mr. Park also stated that there are a lot of ethnic non - profit organizations providing help in the community. But at this point no other group has brought forward this idea, and this group is willing to do this project at no cost to the city. Committee member Maloney stated that it is not about the money, it is about the community. Hee Jung Lee stated that King County has stated the project needs to be approved by the City before they will go any further. Committee member Burbidge stated that she is interested in hearing from all aspects of the community, but that this item has been presented to the committee previously; and the committee had asked the presenters come back with additional information. She sees this as a remarkable offer to the city; to provide a feature that represents the Korean community. They have been participants in the city from the very beginning. She respects the concern about the possibility of the switchback trails and asked staff to have that in mind. She would like this proposal to go forward to full Council. Chair Honda stated that the parking will be very difficult. The Aquatic Center is busy almost every weekend. She asked Mr. Park what his solution would be. He answered that the area can be accessed from Celebration Park and walking the BPA Trail. Chair Honda asked what they would do if King County said no to the water and electricity. Mr. Park answered that they would think about a different idea for the area. Ms. Cutting stated K:\PRHSPS Committee\2014 \03112014 prhsps Min.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 11, 2014 Summary Page 2 that she is not against the garden; she thinks the location is wrong, and is upset that it wasn't offered to anybody else. Committee member Maloney stated that this needs to go to the community because there are many people that use that area for active exercising. Chair Honda stated that going to Council on March 18 is going to the community for public comment. Committee member Maloney said that the people in that area should be asked what they want. Chair Honda stated that going out to the community was not put into the Resolution. Committee member Maloney would like the group to go to King County first to solve the issues about the electricity and water. Mr. Park stated that they are not concerned about the electricity and water; they are trying to develop it without that. Committee member Maloney would like a survey sent to the community. Chair Honda stated that the policy that Council created calls for a public meeting, the PRHSPS Committee meeting and City Council meetings are public meetings. Committee member Maloney wants the homeowners to have a say about the development. Chair Honda requested that a public meeting notice be placed at the site. Ms. Cutting asked if Grants would be available for other people. Mr. Miller answered that she would have to go through the steps listed in the Resolution. Ms. Cutting asked if the Parks Department could put in trails. Mr. Miller answered that it is not in their plans at this time, and it is not in the budget. Mr. Roe stated that this topic was presented to the committee. It was paused, and a resolution was created at the PRHSPS Committee meeting, and forwarded on to full Council. In fairness to the applicant this topic should be moved forward with or without a recommendation. This was the process that was created. Ms. Cutting asked if there was any way to pursue more trails in that area through the Parks Department. Mr. Roe answered that she could come to the committee make a proposal and request that they create a capital project for trails. Committee member Burbidge moved to forward the approval of the use of approximately 5 acres of City property adjacent to the Aquatic Center, west of the BPA Trail and Panther Lake for a Korean Garden (name to be determined), which would be open to the public, and authorize the development process to begin and forward to the full Council March 18, 2014 Business agenda for approval to proceed. Chair Honda seconded. Motion passed 2 -1. Family Funland Safety Surfacin¢ Mr. Ikerd stated that the safety surfacing materials include special engineered wood chips for the main playground, pour in place rubber for the ADA tot area, and Ability Whirl, and a rubber whirl mat for the Omni Spin in the main playground. The products are approved and certified through National standards to meet fall attenuation. Bids were sent to five local playground companies and four bids were received. Committee member Maloney moved to forward the authorization of a bid award for Family Funland Safety Surfacing in the amount not to exceed $42,204.00, including 10% contingency to Gametime c/o Sitelines who was the lowest responsive responsible bidder and authorize the Mayor to execute said agreement to the full Council March 18, 2014 consent agenda for approval. Committee member Burbidge seconded. Motion passed. Substantial Amendment to the Program Year 2012 CDBG Annual Action Plan Mr. Bennett stated each year a plan is adopted on how to invest CDBG money into the community. The 2012 Annual Action Plan had an allocation of $576,478 and later received $349,420 in additional funds. The City has decided to include some additional programs /projects not originally included in the 2012 plan. They are proposing to spend $269,000 on four activities. The activities are Emergency Housing Repair, Small Business Job Retention Program, Micro Business Job Retention Program, and Habitat West Way Home Repair. Committee member Burbidge moved to forward the Substantial Amendment of the Program Year 2012 Community Development Block Grant Annual Action Plan to the April 1, 2014 City Council meeting agenda under Public Hearing. Committee member Maloney seconded. Motion passed. Program Year 2013 CDBG Consolidated Annual Performance Evaluation Report Mr. Bennett stated that this is their "report card" to HUD. They need to report how they did with the money for the previous year. Mr. Bennett stated that they did very well for 2013, they spent about 89% of the money. The performance indicators show that the City is well above all the measures but one, and that is the creation of jobs. The five year objective is 90, and so far after two program years they have created 24 jobs with the investment money. Committee member Burbidge moved to forward the Program Year 2013 Community Development Block Grant Consolidated Annual Performance and Evaluation Report to the March 18, 2014 consent agenda for approval. Committee member Maloney seconded. Motion Passed. Washington Traffic Safety Commission (WTSC) Grant — Target Zero Amendment #1 Chief Hwang reported that the Federal Way Police Department is requesting approval to receive additional funding from the Traffic Safety Commission. This will go towards their DUI and seatbelt enforcement. They are doubling the funding. The additional funding amount is $6,528. Committee member Maloney moved to forward approval for the City of Federal Way to accept the additional funding from WTSC to the March 18, 2014 Consent agenda for approval. Committee member Burbidge seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 11, 2014 Summary Page 3 Purchase of Two Additional Automated License Plate Readers ( ALPRS) Chief Hwang reported that the Department is requesting to purchase two additional Automated License Plate Readers ( ALPRS). This will enhance the departments capability to fight crime and make the streets safer. The ALPRS will automatically read license plates. The ALPRS will be funded through the Traffic Safety Fund. Committee member Burbidge moved to forward the request to purchase two additional Automated License Plate Readers to the March 18, 2014 City Council Consent agenda for approval. Committee member Maloney seconded. Motion passed. Purchase of Sianase and Equipment for New Police Substation Chief Hwang reported that they are requesting to use Traffic Safety Funds to pay for the signage for the new Police Substation. The total cost is just over $22,000. They went out for competitive bids and received three. The Police Department would to add computers and networking equipment at a cost of $6,435. This will allow them to do accident diagraming, write tickets, and write reports. They are hoping to move in by early May. Committee Member Maloney moved to forward the recommendation for the City of Federal Way to Purchase the signs and equipment for the new Police Substation. Committee member Burbidge seconded. TRACKMOLE Software Program Participation Chief Hwang stated that they were asked by Valley Cities to participate in this program. This is a free program that is no cost to the city. It is a web based software program that helps recover stolen items and return lost property to residents. Ordinance: Amend Federal Way Revised Code Reaardina Pawnbrokers and Secondhand Dealers Ms. Pearsall reported that this is a proposed ordinance that would fix a mistake; this has been in the code since 1990. FWRC 12.15.230 lists the items that pawnbrokers need to record when someone is doing a transaction at their business. This has prevented the police from tracking down a burglar, so the Law Department is asking that this be Ordinance First Read and Enacted at the next Council meeting. Committee member Maloney moved to forward the proposed ordinance for First Reading and Enactment at the March 18, 2014 City Council meeting. Committee member Burbidge seconded. Motion passed. Flower Basket Installation for City Center Mr. Salloum reported that between 2003 and 2011 the city had a budget for maintaining flower baskets, banners and holiday lights. In 2011 due to a budget shortfall the budget for the flowers, the budget was eliminated. Mr. Salloum stated that when the city had the budgets members of the community both liked them and did not like them. Most of the complaints were about traffic was slowed down when the baskets were being watered. Some of the baskets that were placed on the streetlights were covered by mature trees, and people complained about that too. They also received many compliments. Baskets are usually ordered in January and they were available after Mother's Day. Because we would be ordering the baskets late, they will not be available until mid -June. At this time there is not budget for the Flower Baskets. Committee requested that staff look into different suppliers and prices. Committee member Burbidge moved to appropriate $20,000 for the purchase, installation and maintenance of flower baskets within the City Center for the year 2014. Committee member Maloney seconded. Motion passed. PENDING ITEMS None NEXT MEETING April 8, 2014 at 5:30pm ADJOURNMENT Meeting adjourned at 7:10p.m. SUBJECT: APPOINTMENTS TO THE ARTS COMMISSION POLICY QUESTION: Should the City Council appoint members to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeill City Clerk (I. 0 , DEPT: Mayor's Office ..._ .............._.................................................._.................. ..........__....__.__.........� .}'.................................... .............................._ . Background: The Arts Commission is comprised of nine members that are appointed by the City Council and serve three -year terms without compensation. Members shall reside within the corporate limits of the city during their term. Two voting positions are available for appointment due to member resignations. In accordance with the Council Rules of Procedure, when a vacancy occurs the Council will appoint someone to serve the remainder of the unexpired term. Individuals appointed to these positions will serve terms through 12/31/2014. At their April 15, 2014 Special Meeting the City Council interviewed two applicants seeking appointment to the Arts Commission (Robin Cook and John Fairbanks). Options Considered: 1. Appoint Robin Cook and John Fairbanks to the Arts Commission as voting members to fill the remainder of unexpired terms through 12/31/2014. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A �TCTOR APPROVAL: Committee ouncil '$-t��' Initial & Date CHIEF OF STAFF: N/A Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the following appointments to the Arts Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # DENIED 1$7 reading ❑ TABLED /DEFERRED /NO ACTION Enachncnt reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: April 15, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE HUMAN SERVICES COMMISSION POLICY QUESTION: Should the City Council appoint members to the Human Services Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeill CI Clerk DEPT: Mayor's Office - - ..._....._._..........._........._..._...._..._._........- ...................._..._.._ v __...._....._.__-..-_. � ..............�..............._ _ ._......._....----._..........__..._......---...__......._..._.. .........._..._......_...'..... _ ..............--- ..__.._....... __ _......._ _.... Background: The Human Services Commission is comprised of 9 voting members that serve 3 -year terms. Members are appointed by the City Council and serve without compensation. Members shall reside within the corporate limits of the City. Two voting positions are available for appointment; one due to a member resignation and the second due to a member's appointment to serve on the City Council. In accordance with the Council Rules of Procedure, when a vacancy occurs the Council will appoint someone to the serve the remainder of the unexpired term. Individuals appointed to these positions will serve terms through 1/31/2016. At their April 15, 2014 Special Meeting the City Council interviewed two applicants seeking appointment to the Human Services Commission (Kristine Reeves and Jenny Chang). Options Considered: 1. Appoint Kristine Reeves and Jenny Chang to the Human Services Commission as voting members to fill the remainder of unexpired terms through 1/31/2016. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A '� DIRECTOR APPROVAL: Committ ee Counc Initial & Date CHIEF OF STAFF: N/A Committee , C COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # 13 DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: April 15, 2014 ITEM #: % � CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE — AMENDING THE CITY ORGANIZATIONAL STRUCTURE POLICY QUESTION: Should the City Council approve the proposed ordinance amending the City's organizational structure and appointive positions in the Federal Way Revised Code? COMMITTEE: n/a MEETING DATE: n/a CATEGORY: Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Am Jo Pearsall Interim City Attorne ` DEPT: Law �_ -- ' —_ ___ Y Attachments: Proposed Ordinance, Current City Organizational Chart Background: The Federal Way Revised Code (FWRC) sets forth the City's organizational structure as well as the appointive positions that require Council confirmation. At this time, the FWRC does not accurately reflect the City's current organizational structure. The proposed ordinance would modify Title 2 of the FWRC to reflect the actual organizational structure of the City by removing the Department of Administrative Services; moving Human Resources, Information Technology and Emergency Management Services to the Mayor's Office; dividing the Community and Economic Development Department into the Community Development Department and the Economic Development Department; and dividing the Public Works/Parks, Recreation and Cultural Services Department into the Public Works Department and the Parks Department. In addition, the proposed ordinance would establish the authority, duties and qualifications for the directors of these newly defined departments and require City Council confirmation for these appointed directors. Options Considered: 1. Approve the proposed ordinance amending the City's organizational structure and appointive positions. 2. Modify the pro spo ed ordinance_`___ MAYOR'S RECOMMENDATION: 0 on 1. MAYOR APPROVAL: DIRECTOR APPROVAL: et I ittee ouncil Imtial/Da iff?.0*CHIEF OF STAFF: Initial/Date COMMITTEE RECOMMENDATION: n/a Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (APRIL 15TH): "I move to forward approval of the ordinance to the May 6rh Council Meeting for adoption. " 2"D READING OF ORDINANCE (MAY 0): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 137 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, amending the City Organizational Structure; amending FWRC Title 2; repealing Chapters 2.12, 2.19 and 2.21; and adding new sections to Title 2. (Amending Ordinance Nos. 11-682,10-666 and10 -644.) WHEREAS, the Mayor has determined that the organizational structure of the City should be updated for efficiency and to reflect current practice; and WHEREAS, the Federal Way Revised Code should be modified to reflect the actual organizational structure of the City by removing the Department of Administrative Services; moving Human Resources, Information Technology and Emergency Management Services to the Mayor's Office; dividing the Community and Economic Development Department into the Community Development Department and the Economic Development Department; and dividing the Public Works/Parks, Recreation and Cultural Services Department into the Public Works Department and the Parks Department; and WHEREAS, the Federal Way Revised Code should establish the authority, duties and qualifications for the directors of these newly defined departments and require City Council confirmation for these appointed directors; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapters 2.12, 2.19 and 2.21 of the Federal Way Revised Code are hereby repealed in their entirety. Section 2. The Sections list of Chapter 2.11 of the Federal Way Revised Code is hereby amended as follows: Ordinance No. 14- Page I of 7 Rev 7/09 Chapter 2.11 MAYOR'S OFFICE Sections: 2.11.010 Creation. 2.11.020 Chief administrative officer. 2.11.030 City Clerk. 2.11.040 Other Divisions. Section 3. Chapter 2.11 of the Federal Way Revised Code is hereby amended to add a new section FWRC 2.11.030 to read as follows: 2.11.030 City Clerk. A. Appointment and confirmation. The position of City Clerk shall be filled by appointment by the Mayor and confirmation by a maiority of the City Council. B. Duties. The City Clerk shall report to the Mayor's Office and serve as clerk of the Council, manage City's records system, administer Public Records Act and policies related to City records, maintain and update information about the City. Council, and Council- appointed commissions /committees, prepare and ensure timely publication of public notices, serve as election official. C. Qualifications. The City Clerk shall have any combination equivalent to a Bachelor's degree in information science, library science, archives and records management, business /public administration and actual managerial or operational experiences in entity -wide records and information management field. Certified Municipal Clerk designation preferred. Section 4. Chapter 2.11 of the Federal Way Revised Code is hereby amended to add a new section FWRC 2.11.040 to read as follows: 2.11.040 Other Divisions. The Mayor's office shall oversee the following divisions: Human Resources, Information Technology and Emergency Management Services. Section 5. Chapter 2.13 of the Federal Way Revised Code is hereby amended as follows: Chapter 2.13 COMMUNITY &- ECONOMIC DEVELOPMENT DEPARTMENT Sections: 2.13.010 Creation of department. 2.13.020 Community and - eceneniq- development director — Appointment and confirmation. 2.13.030 Community and esenernis development director - Duties. 2.13.040 Community and eGenemiG development director - Qualifications. Ordinance No. 14- Page 2 of 7 Rev 7/09 2.13.010 Creation of department. There is hereby created a city department known as the community arm- eceneaais development c°^c— department. The department shall manage the human services allocations and community development block grant fund; administer and enforce International Codes for plan review, construction and inspection, and land use, environmental and nuisance codes; create long -range plans and policy work for the comprehensive plan, neighborhood plans, Federal Way Revised Code revisions, and housing and annexation; and accept passport applications; ' deve{epmeat. The department will staff the planning commission, human services commission, diversity commission, and land use/transportation council committee. 2.13.020 Community development director - Appointment and confirmation. The community and esenemis development director shall be appointed by the mayor, subject to confirmation by a majority of the city council. 2.13.030 Community and- seeneFnis development director - Duties. The community and- esenemis development director shall be responsible for directing the development and execution of the city's comprehensive plan for development including growth projections, land use, housing, environmental sensitivity, urban design, annexation, and zoning code modifications; reviewing and enforcing city development including land use applications, code enforcement, plan review, and building inspection functions; overseeing human services programming; and supervising planning, program and other staff. managing the Gity'G a 2.13.040 Community and economic development director - Qualifications. The community and economic development services- director shall have any combination equivalent to a bachelor's degree in urban planning, civil engineering, building technology, business /public administration, or related field along with increasingly responsible relevant management experience, including significant experience managing complex projects and experience in a supervisory capacity and management experience related to long -range planning; or land use planning . Section 6. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.15 as follows: Chapter 2.15 ECONOMIC DEVELOPMENT DEPARTMENT Sections: 2.15.010 Creation of Department. 2.15.020 Economic Development Director - Appointment and Confirmation 2.15.030 Economic Development Director - Duties 2.15.040 Economic Development Director - Qualifications Ordinance No. 14- Page 3 of 7 Rev 7/09 2.15.010 Creation of Department. There is hereby created a city department known as the economic development department. The Department shall provide leadership and coordination for the City's economic development activities recommending policy, infrastructure, marketing, recruitment and negotiation for new development. The economic development department will staff the Lodging Tax Advisory Committee. 2.15.020 Economic Development Director — Appointment and Confirmation. The economic development director shall be appointed by the Mayor, subject to confirmation by a majority of the Citv Council. 2.15.030 Economic Development Director - Duties. The economic development director shall be responsible for managinq the city's efforts related to economic development, consisting of attracting new businesses, retaining and growing existing businesses, promoting and assisting the city in redevelopment efforts, and promoting tourism. 2.15.040 Economic Development Director - Qualifications. The administrative services director shall have any combination equivalent to a bachelor's degree in business/public administration, ioumalism, communications, marketing, public relations, political science, government affairs or related field and increasingly responsible relevant management experience in the public sector related to public relations and communications and government affairs. A Master's degree is strongly preferred. Section 7. Chapter 2.27 of the Federal Way Revised Code is hereby amended as follows: Chapter 2.27 PUBLIC WORK DEPARTMENT Sections: 2.27.010 Creation of Department. 2.27.020 Public Works Director — Appointment and Confirmation 2.27.030 Public Works Director — Duties 2.27.040 Public Works Director - Qualifications 2.27.010 Creation of Department There is hereby created a city department known as the Public Work-112aicks, Rermeatien, and Department. Public Works shall participate in regional transportation committees; process development permits and inspect construction; administer traffic planning, traffic engineering and traffic control devices; administer the Commute Trip Reduction (CTR) program; administer the Transportation Improvement Plan (TIP); maintain the local street systems and administer related contracts; manage the Neighborhood Traffic Safety Program; oversee all capital transportation and surface water management projects; ApeFatiens Genter; administer all franchises for utilities in rights of way and solid waste and recycling; administer recycling program; maintain the city's natural and manmade surface water systems; apply for various grants; monitor and enforce compliance of ESA/NPDES; staff the Ordinance No. 14- Page 4 of 7 Rev 7/09 Land Use/Transportation Council Committee (share with Community Development Services); and administer the Surface Water Management Program and fee schedule. PaFkS ReeFeation 2.27.020 Public Work Director — Appointment and Confirmation. There is hereby created the position of Public WorksiPaFks, Director. The Public Works Director shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 2.23.030 Public Work Director — Duties. The Public WorkslPaFks, ReGFeatmen and GultuFal SeFviGes Director shall be responsible for directing City public works development and maintenance including engineering, streets, surface water, and utilities; developing the City's capital improvement plans; coordinating City public works with other regional jurisdictions, and supervising professional, technical and administrative support staff. , . 2.23.040 Public Work Director — Qualifications. The Public Wo -iPaFks, Reermeafien and GultuFal SeFvores Director shall have any combination equivalent to a bachelor's degree in Civil Engineering, Public Administration, Business Administration, or related field and managerial experience in a municipal Public Work , environment. Section 8. Title 2 of the Federal Way Revised Code is amended to add a new Chapter 2.28 as follows: Chapter 2.28 PARKS DEPARTMENT Sections: 2.28.010 Creation of Department. 2.28.020 Parks Director — Appointment and Confirmation 2.28.030 Parks Director — Duties 2.28.040 Parks Director - Qualifications Ordinance No. 14- Page S of 7 Rev 7/09 2.27.010 Creation of Department There is hereby created a city department known as the Parks Department. Parks shall oversee parks capital projects; administer community center; administer athletic and cultural programs; administer Dumas Bay Centre; administer management contract for Knutsen Family Theatre; maintain the grounds and landscaping of all community parks; maintain the grounds and landscaping of neighborhood parks; maintain city facilities such as City Hall, Steel Lake Maintenance Building, Dumas Bay and the Community Center; maintain all of the City's open space; staff the Parks, Recreation, Human Services and Public Safety Council Committee, Parks and Recreation Commission and Arts Commission. 2.27.020 Parks Director — Appointment and Confirmation. There is hereby created the position of Pants Director. The Parks Director shall be appointed by the Mayor, subiect to confirmation by a majority of the City Council. 2.23.030 Parks Director — Duties. The Parks Director shall be responsible for directing the acquisition and development of parks, operating, maintaining and developing comprehensive parks and recreation programs, services, and facilities including programs for leisure, cultural arts, parks, municipal buildings, special population groups, and open space; coordinating services for residents in need; and supervising staff. 2.23.040 Parks Director — Qualifications. The Parks Director shall have any combination equivalent to a bachelor's degree Public Administration Business Administration Parks and Recreation Administration or related field and managerial experience in a municipal parks, recreation environment. Section 9. 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 10. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not Iimited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection Ordinance No. 14- Page 6 of 7 Rev 7/09 numbers and any references thereto. Section 11. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 12. 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 May 2014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K: \ord\2014\4 -15 Organizational Structure Ordinance No. 14- Page 7 of 7 Rev 7/04 2� I L GJ N 'O LL o a iu C V 0 Y u° 0 c W V A C E ._ u COUNCIL MEETING DATE: April 15, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE — DIVERSITY COMMISSION RESIDENCY POLICY QUESTION: Should the City Council amend Federal Way Revised Code 2.65.030(4) to allow current Commissioners who reside outside of the City to reapply and be reappointed to serve on the Diversity Commission? COMMITTEE: PRHSPS MEETING DATE: April 8, 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy 7o Pearsall, De DEPT: Law p_q City Attorney In 2013, Council directed that the residency requirement for the Diversity Commissioners be limited to the City boundaries instead of the School District boundaries to be consistent with other commissions and boards. At that time, current commissioners living outside of the City were permitted to finish his/her term. The attached proposed ordinance would allow those commissioners to reapply and be reappointed to the Commission even if they still reside outside of the City boundaries. Options Considered: 1. Approve and adopt the proposed ordinance. 2. Reject the proposed ordinance. MAYOR'S RECOMMENDATION: n MAYOR APPROVAL: DIRECTOR APPROVAL: CHIEF OF STAFF: COMMITTEE RECOMMENDATION: 2011 City Council meeting. Committee Chair Initial move to forward the proposed ordinance for First Reading at the April 15, i Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (APRIL 15): `1 move to forward the ordinance to the May 6, 2014, Council Meeting for adoption. " 2ND READING OF ORDINANCE (MAY 6): "1 move approval of the proposed ordinance. " (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 # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the residency requirement for Diversity Commissioners; amending FWRC2.65.030. (Amending Ordinance Nos. 92-141,93-203,96-283,06- 531and 13 -748) WHEREAS, the Federal Way City Council created a Diversity Commission by Ordinance No. 92 -141; and WHEREAS, in 2013 the City Council determined that it would be in the best interest of the citizens to amend the residency requirement for the Diversity Commissioners to within the City corporate limits; and WHEREAS, the City Council has further determined it would be in the best interest of the City to allow those Commissioners who are currently on the Commission but do not meet the residency requirement to be eligible to reapply for a place on the Commission after his or her term expires; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.65.030 is hereby amended to read as follows: 2.65.030 Membership. (1) The diversity commission shall consist of nine members appointed by the city council. (2) The diversity commission shall serve without compensation. (3) Each member shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the diversity commission. If, for any reason, a vacancy occurs during the term of a diversity commission member, the city council shall appoint a new Ordinance No. 14- Page 1 of 3 Rev 1 /10 member to fill the unexpired term of that member. The city council may remove a diversity commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the diversity commission shall serve until their successors are duly appointed by city council. (4) Effective November 1, 2013, persons appointed to serve on the commission shall reside within the corporate limits of the city. Any Verson who is a commission member as of November 1, 2013 and is currently residing outside of the city shall continue to serve his/her term and is eligible to reapply and be reappointed as a member on the Commission. (5) To the extent practicable, appointments shall reflect the diversity of all of the city. 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. Ordinance No. 14- Page 2 of 3 Rev 1/10 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 2014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL 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.: KAordinance\2014 \code update - diversity comm reside Ordinance No. 14- Page 3 of 3 Rev 1/10 SUBJECT: ALTERNATE MEMBERS FOR THE INDEPENDENT SALARY COMMISSION POLICY QUESTION: Should the City Council amend Federal Way Revised Code 2.80.030 to provide for two alternate members on the Independent Salary Commission? COMMITTEE: FEDRAC MEETING DATE: 3/25/2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Pat Richardson City Attorne W DEPT: Law _ _....... .- ............................_ _.......... -....- ._ ............................ ........_.....................y ...._......- __..._ _.........................._..............-_...................._............_....._..._ ._..........._.............._ -� Attachments: Staff report and proposed ordinance Options Considered: 1. Approve and adopt the proposed ordinance creating alternate members on the Independent Salary Commission. 2. Modify the proposed ordinance creating alternate members on the Independent Salary Commission. 3. Do not approve the proposed ordinance. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: C_ 1_ ( /� DIRECTOR APPROVAL: Initial CHIEF OF STAFF: ConuffiUbe ` Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading at the April 1, 2014 City Council Meeting. Committee Chair o ittee ember Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the April 15, 2014 Council Meeting for adoption. " 2ND READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # VISED — 08/12/2010 RESOLUTION # 44k Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MARCH 18, 2014 TO: COUNCILMEMBERS CC: MAYOR FERRELL BRIAN WILSON, CHIEF OF STAFF FROM: PAT RICHARDSON, CITY ATTORNEY SUBJECT: PROPOSED AMENDMENT CREATING ALTERNATE MEMBERS FOR THE INDEPENDE SALARY COMMISSION Many of the City's Commissions and Boards have alternate members. Alternate members can participate when a member is not available for the meeting, thus, enabling business to continue. State law authorizes the formation of an Independent Salary Commission to adjust the salaries of the Mayor and Council members during their terms of office. State law also allows the City Council the flexibility to determine membership of the Independent Salary Commission (i.e. the number of voting members and alternate members). The proposed ordinance provides for two alternate members. The process for selecting the alternate members would be the same: (1) the Mayor appoints the alternate member; and (2) Council takes action in a public meeting to approve or reject the appointment. K: \agenda\2014\FEDRAC\3 -25 staff report alternates ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the Independent Salary Commission; amending FWRC 2.80.030. (Amending Ordinance No. 03 -439) WHEREAS, the City Council of the City of Federal Way created an Independent Salary Commission in 2003 via Ordinance No. 03 -439; and WHEREAS, the membership of the Independent Salary Commission does not address alternate members; and WHEREAS, it is appropriate to provide for alternate members on the Independent Salary Commission to ensure that a quorum is available to take action as needed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.80.030 is hereby amended to read as follows: 2.80.030 Membership. (1) The independent salary commission shall consist of five voting members and two alternate members appointed by the mayor and approved by the city council. (2) The independent salary commission shall serve without compensation. (3) Each member of the independent salary commission shall serve a term of four years, except that the first five commission members shall be appointed for different terms, as follows: one member to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and two members to serve for a period of four years. The mayor, with the approval of the city council, may appoint alternate independent salary commission members as the need arises. The city council shall annually appoint new members in March to fill the expiring terms on the independent salary commission. Ordinance No. 14- Page 1 of 3 Rev 1/10 (4) No member may be appointed to more than two terms on the independent salary commission whether or not those terms are held consecutively. (5) If, for any reason, a vacancy occurs during the term of an independent salary commission member, the mayor shall appoint, with the approval of the city council, a new member to fill the unexpired term of that member. (6) The city council may remove an independent salary commission member at any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. (7) All members of the independent salary commission shall serve until their successors are duly appointed by the mayor and approved by the city council. 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. Ordinance No. 14- Page Z of 3 Rev 1 /10 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 , 2014. CITY OF -MERAL WAY FERRELL 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. 14- Page 3 of 3 Rev 1 /10