PRHSPSC PKT 08-12-2014City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
August 12, 2014 City Hall
4:30p.m. Hyl ebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes: July 8, 2014
B. Lakehaven Utility Easement for Norpoint Heights Plat
c. Federal Way Municipal Court Tenant Improvement
D. FY 2014 Edward Byrne Memorial Justice Grant (JAG)
E. MOU Between Center for Children and Youth Justice and
Federal Way Police Department
F. Automated External Defibrillator (AED) Program
G. King County Bi-Directional Amplifier (BDA for Decatur High
School
H. Discussion of Ordinance for Youth Commission
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
Presenter Page
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Ikerd 5
Ikerd 15
Hwang 19
Hwang 27
Hwang 33
Hwang 35
Honda N/A
Action
or Info
Action
Action
Action
Action
Information
Information
Information
Information
6. NEXT MEETING: Tuesday, September 9, 2014 5:30pm-Hylebos Conference Room
7. ADJOURNMENT
Committee Members
Susan Honda, Chair
Dini Duclos
Martin Moore
K:\PRHSPS Committee\2014\08122014 prhsps agenda.doc
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City Staff
John Hutton, Director of Parks and Recreation
Mary Jaenicke, Administrative Assistant II
Council
Date
N/A
Consent
9/2/14
Consent
9/2/14
Consent
9/2/14
N/A
N/A
N/A
N/A
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City ofFederal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, July 8, 2014
5:30p.m.
SUMMARY
Committee Members in Attendance: Chair Honda, and Committee members Duclos and Moore
Council Members in Attendance: Deputy Mayor Burbidge
Staff Members in Attendance: John Hutton, Interim Director of Parks, Amy Jo Pearsall, Interim City Attorney,
Andy Hwang, Chief of Police, Steve Ikerd, Parks & Facilities Manager, and Mary Jaenicke, Administrative Asst. II.
Guests: Lynda Jenkins-Parks Commission.
Chair Honda called the meeting to order at 5:30p.m.
Public Comment: None
Commission Comment: Ms. Jenkins had no comments, but handed around pictures that were taken at city parks.
APPROVAL OF MINUTES
Committee member Duclos moved to approve the May 13,2014 minutes, Committee Moore seconded. Motion
passed.
BUSINESS ITEMS
Fiscal Year 2014 COPS Grant Application
Chief Hwang reported that they have applied for the 2014 COPS grant. This grant would provide funding for four
new police officer positions. In 2010, the city applied for the grant and was awarded funds for four officers. The city
also applied in 2011 and was awarded the grant, but declined the grant due to budget uncertainties. They applied
again in 2013 and did not receive the award. The total amount of the grant would be $500,000 and the city's share
would be $424,688.00 over the three year period. Committee member Duclos asked that the Police Department let
them know that if they are awarded the grant that the City has every intention of using this grant. Chief Hwang
stated that they have been submitting supplemental letters. Committee member Duclos moved to forward the
FY2014 COPS Grant Approval to the July 15, 2014 Council consent agenda for approval. Moore seconded.
Motion passed.
Lakota Park
Ikerd reviewed the Lakota property with the Committee. Recently with mitigation money, the Parks Department
developed two little league fields. New backstops were put in, redid the infields, installed irrigation, and reseeded.
The fields opened in the spring. The field in the center of the track is an all-weather field. It is the last all weather
field in our parks system. This field does not get used much. The track is cinder, we do not program the track, and
the school district is responsible to maintain it. Committee member Duclos asked if there was a formal agreement
between the City ofFederal Way and the Federal Way School District. Ikerd answered that there is not a formal
written agreement; it has been a "gentleman agreement" between Rod Leland and Steve Ikerd from many years ago.
Deputy Mayor Burbidge asked what the cost would be to upgrade it. Ikerd answered that to upgrade the soccer field
the track, and lighting would cost approximately 1.5 million. Hutton stated thatif we upgraded the soccer field and
the track it would be heavily used by the School District every day that they are in session. The city would use the
facility in the evenings. Committee member Duclos asked if the School District would do anything to Sl!Dport the
field or reimburse the city. Hutton answered that they take care of the track and line the fields for their own games.
The Mayor has met with the Superintendent, and the district is looking at prioritizing where their dollars are spent.
Chair Honda stated that she could not support going forward with spending money on the Lakota field unless the
School District is going to be a partner. Committee membeJS Duclos and Moore were in agreement with that. She
would like the city to make a strong statenent to the School District. Committee member Moore requested that a
joint letter be done from the City Council and the Mayor's office making a strong statement that it needs to be a
partnership. An agreement needs to be done and all of the responsibilitie; need to be clearly laid out. Committee
member Moore asked what the time line is for the project. Hutton answered stated they would like to commit to
Lakota, but will not be able to without the partnership with the School District. There is $391,000 set aside f>r that
Park. Ikerd added that the next grant cycle for this location would be in two years. Committee member Duclos
K:\PRHSPS Committee\20 14\07082014 prhsps Min. doc 3
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, July 8, 2014 Summary
Page2
moved to ask the Mayor or his designee to meet with the School Superintendent to secure an agreement
regarding the use, the maintenance, and the upgrade of Lakota Park. Committee member Moore seconded.
Motion passed.
French Lake Park-Discussion only
Mr. Ikerd provided the background information. In 2005 a group of citizens went to the City Council and petitioned
them to come up with an off-leash dog park. French Lake Park was chosen as a location for a trial period of one
year. In 2006 it was formally made an offleash dog park. There was a lot of citizen concern about the Park from the
neighbors on the north. A 20 foot buffer fence WIS installed . The Park has been so successful that it is difficult to
keep the grass growing. This has become the most recent problem along with the pond. The pond has been fenced
off, and the water is continuously tested. In November of2013 the ParksCommission recommended stopping the
use of the pond, and fill it in. Park Pals has been informed of this decision, and the pond would be filled in at the
end of the summer. The Parks Department has been in contact with Lakehaven, and they have requestedthat the city
do a study to make sure it will not impact their portion of the property. Surface Water division has been involved
and determined that it would not impact them. The catch basin will remain and there will still be drainage. The
majority of the Park Pals is in favor of this. Deputy Mayor Burbidge asked about the sprinkler issue. Ikerd answered
that this is a challenge. Lakehaven backwasres their filters and contain the water in large reservoirs in the ground.
This is what they use to disperse through the irrigation system. It is done on floats and they try to program it, but
there are times when they cannot control it, and need to get rid of the water. The issue with the water fountain was
also discussed.
Town Square-Discussion Only
Hutton reported that the Grand Opening is scheduled for July 12 from 12:00pm4:00pm. There will be a ribbon
cutting ceremony, entertainment, inflatables, and food trucks. The day camp staff will also be there to play games
with the kids. The Farmers Market will be atthe park on Wednesdays. The Toys R Us demolition area will be
fenced off. Committee member Moore inquired about the paint on the planters. Ikerd explained that it is a stain that
was used, and it absorbs into the concrete. Committee member Moore is afio concerned about homeless people
sleeping at the park; he wants to be sure that the park is safe , and that the citizens will feel comfortable Hutton
answered that there will be staff at the park, they will be the eyes of the park, and they will be montoring the
behavior. The park is also located very close to the sub-station . Committee member Duclos stated that the homeless
will try and sleep at the park, and they will try and use the facilities. The police will have to patrol quite a bit at
night. Signs will also be posted that the park is under video surveillance . There is a halfcourt basketball court, and
that hoop will be lowered to 6' for children to play on.
Funland Play Structure Renovation
The Grand re-opening ofFunland will be held on July 16. Park Maintenance staff is still working on the smaller
detail work. The pour in-place is in around the Ability Whirl; and that will be opened on the 16". The rest of
Funland is opened. The renovated play structure has been very popular. Chair Honda stated that it is a beautiful
park, and very well done. Hutton added that at the Grand Opening there will be a letter from Governor Inslee read
by the Mayor, and Miss Wheelchair Washington will be the guest speaker. The murals were painted by our Pak
Maintenance work Tony Collins.
Red, White and Blues Festival
Chair Honda suggested for next year that the City has a volunteer cleanup committee to come in after the event and
help clean up the park. The City of Seattle has something similar to this. Hutton reported that the festival was very
successful, and the crowd was very well behaved; the Police did not have one negative incident. The crowd was
estimated to be over 20,000 people. There were over 50 kids in the parade, and the fireworks show WIS successful.
Hutton stated that they appreciate the fact that the City Council attends the event.
Deputy Mayor Burbidge discussed a recent article in the Seattle Times regarding downtown parks, and that they had
applied for a grant.
Future PRHSPS committee meetings will be held at 5:00pm thru December.
PENDING iTEMS
None
NEXT MEETING: August 8, 2014 at 5:00pm
ADJOURNMENT
Meeting adjourned at 6:55p.m. 4
DATE: June 24, 2014
CITY OF FEDERAL WAY
MEMORANDUM
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, Public Works Director
William Appleton, Interim Deputy Director of Public Works
SUBJECT: Lakehaven Water Easement for NORPOINT HEIGHTS PLAT {10-105147-00-EN)
BACKGROUND:
The Norpoint Heights preliminary plat received City Council approval on April 6, 2010. The plat lies within
Federal Way, at the boundary of the King-Pierce County Line. The road into the plat is accessed from
Norpoint Way, a City of Tacoma owned street.
Lakehaven Utility District is the water purveyor for the plat. Throughout the preliminary plat review and
approval process, it has been a Lakehaven requirement to extend the water main from 25th Ave SW (a
City of Federal Way owned right of way)1 westerly and southerly into the plat property. This
westerly/southerly water main extension is to be constructed on a Federal Way Parks Department-owned
parcel (Parcel 176150-0305), commonly known as Coronado Village Open Area.
In order to obtain Lakehaven's approval for the water main extension, the City must grant Lakehaven a
permanent easement over the Coronado Village open space property to construct and maintain the water
main. This property is already encumbered by both a sanitary sewer easement and PSE overhead power
easement and the proposed easement will not diminish the open space value of the property. Therefore,
it is recommended that the water line easement be granted to Lakehaven Utility District with the only
condition being that landscaping and restoration of the site will be performed, per an approved plan,
following the installation of the water main extension. No monetary compensation will be required.
The attached easement documents have been prepared by Lakehaven and reviewed and approved by the
City. The parks department is in agreement with granting the proposed easement.
6
When Recorded Mail To:
City ofFederal Way
33325 gth AveS
Federal Way, WA 98003
Attn.: Kev'i.n Peterson/DS
EASEMENT FOR WATER FACILITIES
Grantor (s): CITY OF FEDERA.L WAY, a Washington Municipal Corporation
Grantee (s): Lakehaven Utility District, a Municipal Corporation ofK.ing County
Property Legal Description (abbreviated): A portion of the southeast quarter of Section 24,
Township 21 North, Range 03 East, W.M., King County, Washington.
Easement Legal Description: Described in Exhibit "B" and depicted on Exhibit "C", attached
hereto.
Assessor's Tax Parcel ID#(s): 176150-0305
For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, CITY OF FEDERAL WAY, a Washington municipal
corporation, ("Grantor") grants, conveys and warrants to LAKEHA VEN UTILITY DISTRICT, a
Municipal Corporation of King County, ("Grantee") for the purposes hereinafter set forth a
permanent easement under, across and over certain real property (the "Property") located in
Federal Way, Washington, legally described as follows:
SEE EXffiBIT "A" ATTACHED
Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion
of the Property ("Easement") legally described and depicted as follows:
SEE EXHIBIT "B" and "C" ATTACHED
)>
1. Purpose. Grantee and its agents, designees and/or assigns shall have the right, without prior
notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to
Norpoint Heights
Agr /Proj #6308002
Page 1 of7
7
inspect, design, construct, reconstruct, operate, maintain, repair, replace, remove, grade,
excavate, and enlarge all water distribution pipelines, facilities, and all appurtenances thereto
("Facilities"). Following the initial construction of the Facilities, Grantee may from time to time
construct such additional facilities as it may require.
2. Access. Grantee shall have the right of access to the Easement over and across the Property to
enable Grantee to exercise its rights hereunder by utilizing the improved driveway on the
Property or by any other method mutually agreeable to Grantor and Grantee.
3. Obstructions; Landscaping. Grantee may from time to time remove vegetation, trees, or
other obstructions within the Easement, and may level and grade the Easement to the extent
reasonably necessary to carry out the purposes set forth in paragraph 1 hereof, provided, that
following any such work, Grantee shall, to the extent reasonably practicable, restore the
Easement to a condition similar to its condition prior to such work. Following the installation of
the Facilities, Grantor may undertake any ordinary improvements to the landscaping of the
Easement, provided that no trees or other plants shall be placed thereon, which would be
unreasonably expensive or impractical for Grantee to remove and restore.
4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided,
however, Grantor reserves the right to use the Easement for any purpose not inconsistent with
Grantee's rights provided: further, that Grantor shall not construct or maintain any buildings or
other structures on the Easement, that Grantor shall not perform grading or other form of
construction activity on the Property, which would alter the functioning of the Facilities, and that
Grantor shall not blast within fifteen ( 15) feet of the Easement.
5. Indemnification. Grantee agrees to indemnify, defend, and hold Grantor, its elected
officials, officers, employees, agents, and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons
or entities, including, without limitation, their respective agents, licensees, or representatives,
arising from, resulting from, or connected with this Easement, including without limitation, any
damage to the Easement area resulting from surface water flooding.
6. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of
and be binding upon their respective successors in interest, heirs and assigns.
Norpoint Heights
Agr /Proj #6308002
Page 2 of7
8
DATED THIS ____ day of ______________ . 20_,_.
GRANTOR
By: ___________________ ___
JIM FERRELL, MAYOR
CITY OF FEDERAL WAY
STATE OF WASHINGTON )
) ss.
COUNTYOF )
On this day personally appeared before me Jim Ferrell, to me known to be the Mayor of the City
of Federal Way that executed the foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he/she was authorized to execute said instrument and that the
seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this ___ day of _________ , 20_.
Norpoint Heights
Agr /Proj #6308002
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires ______ _
Page 3 of7
9
GRANTEE
By: ________________ _
STATE OF WASHINGTON )
) ss.
COUNTYOF )
On this day personally appeared before me Tim D. Osborne, to me known to be the Development
Engineering Manager of the Lak:ehav.en Utility District that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN my hand and official seal this ___ day of _________ ....... 20 .
Norpoint Heights
Agr /Proj #6308002
(typed/printed name of notary)
NotaryPublic in and for the State of Washington.
My commission expires ______ _
Lakehaven Easement No. _.F-""1"""3 ----
Page 4 of7
10
Lakehaven Ulllty District
1453--002-{)07
June 26, 2013
EXHIBIT A
LEGAL DeSCAIPTlON
FOR KING COUNTY PARCEL NO. 1761500305
Tract "A. cf lhe re--plat of Pateel "t of f<Jng Cooot'f Short f'tat No. 779131 as recorded in
Boo.l< 121 of plats, pages 14-16, situate In the Southeast Quarter oJ Section 24, Township
21 NOI'f.h, Range 3 East, WM., In K1ng County, Washington
;1Vdten By~ m Cr~ked El:y~ Ot.f'1
,·,e~rr,a~~,.IC-1fr~-qo~~1Q;~lCQnooaJ~~-;~
Norpoint Heights
Agr !Proj #6308002
Page 5 of7
11
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14
DATE:
TO:
VIA:
FROM:
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
August 12, 2014
Parks, Recreation, Human Services and Public Safety
Andy J. Hwang, Chief of Police
Cathy M. Schrock, Civilian Operations Manager
SUBJECT: FY '14 Edward Byrne Memorial Justice Assistance (JAG) Grant Program
Background
JAG funds support all components of the criminal justice system. JAG funded projects may
address crime through the provision of services directly to individuals and/or communities and
by improving the effectiveness and efficiency of criminal justice systems, processes, and
procedures.
Acceptance ofthe FY 2014 Edward Byrne Memorial Justice Assistance Grant will ensure the
services to be performed under this Agreement will be conducted for the stated purpose of the
Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751 a.) The Edward Byrne
Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions.
Program Description: Technology and equipment improvements to enhance efficiencies in the
Police Department. Specific projects are described in the attached financial and narrative
summary documents . Project Award: $31,644.
Program Need: Provide investments needed to increase economic efficiency by spurring
technological advances to enhance safety and create efficiencies that allow officers and staff
more time serving the citizens of Federal Way.
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20
FEDERAL WAY POLICE DEPARTMENT-JAG 2014 WA173600
lA. Personnel I
Name/Position Computation Cost
lB. Fringe Benefits
I TOTAL:
Na me/Po s iti on Computation Cost
I c.
I TOTAL: $01
Travel/Training I
Purpose Location Item Computation Cost
jn.
I TOTAL: $0.001
Equipment
Item Computation Cost
OCULUS recorder 16G body wire & related equir $16,185.00
Adobe Pro Software 8 277.34 $2,218.73
Taser 7 1,000 $7,000.00
Evidence Bar-coding, scanning, related equip $5,290.95
IE. Supplies
I TOTAL: $30,694.681
Supply Items Computation Cost
I G.
I TOTAL: $0.001
Consultants/Contracts
N arne of Contract/Consultant Computation Cost
IGRAND TOTAL: $30,694.681
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3) The costs associated with the replacement of these necessary non-lethal law
enforcement tools will have to come from a1n already taxed equipment line item and have
a negative impact on the budget of other essential service related items or functions.
4) FED WAY PO's Property/Evidence room is paperless , by utilizing bar-coding equipment
and direct entry from officers in the field. This paperless environment was implemented
in 2006 and much of the technology equipment is outdated or has been enhanced .
Enhancements to the equipment will improve efficiency, and effectiveness.
Please describe the proposed program activities for the 4-year grant period:
1) The body wire equipment will be immediately deployed in the Special Investigations Unit.
The equipment is expected to be used 8-10 times per month , and additional
deployments during major criminal investigations will also occur.
2) Currently there only a limited amount of Adobe Licenses available for use. The addition
licenses will allow all staff on duty during a shift the ability to efficiently process PDA
requests without having to move to a designated work station.
3) All commissioned officers are required to carry a Taser on their uniforms and that
requirement will continue for years to come as the Taser is an invaluable tool for law
enforcement.
4) Bar code scanners will be immediately purchased to replace obsolete or broken
equipment. Further enhancements or replacements will occur that provide the most
efficient effect. IE : document scanner, evidence rejection pass-back lockers, etc.
Please describe anticipated coordination efforts involving JAG and related justice funds:
1) The Federal Way Police Department continues to explore all opportunities to identify and
utilize funds available to purchase needed equipment as well as other resources.
Reduced annual budgets and seizure/forfeitures have not allowed for the department to
replace this critical equipment.
2) Having a paperless records management system has increased efficiency especially
with sharing information with other law enforcement agencies . What used to require
teletypes, faxes and phone requests have been replaced with efficient email sharing of
data. Having the adobe pro software enhances things even more . Some data must be
redacted due to public records act exemptions. This software provides that needed
enhancement to redact PDF documents.
3) The Taser has proven to be an effective non-lethal tool protecting Officers and more
importantly causing less injury than traditional hands on methods. The Taser continues
to evolve and improve and the department continues to explore all opportunities to
identify and utilized funds available to purchase needed equipment.
4) Law Enforcement has rapidly moved into a highly technical environment such as
paperless prope rt y evidence rooms . The efficiency and improvements will enhance the
timely return of property to citizens , and continue the excellent record of evidence chain
of custody in a paperless environment.
Please list your objectives, and describe how they are linked to meaningful and
measurable outcomes, and the likelihood of achieving such outcomes:
1) To enhance officer/informant safety through innovative technology improvements
through the deployment of a body wire . The existence of audio/video recordings
enhances narcotic and other major criminal case investigations , arrests and convictions.
2) Through advanced technology increase efficiency responding to Public Records Act
requests.
3) Objective is to maintain a serviceable resource of Tasers for commissioned Officers to
utilize while in the performance of their duties. The Taser has proven to be an effective
tool in non-lethal use of force. The outcomes will continue to be achieved and the
agency will have the opportunity to deploy the highest level of technology.
2
4) Through advanced technology replace or enhance technical equipment that supports a
paperless property/evidence room . Improvements will enhance the timely return of
property to citizens , and continue the excellent record of chain of custody matters.
Applicants must identify between 1 and 5 Project Identifiers that would be associated
with proposed project activities. The list of all identifiers is attached to this document.
Please list between 1 and 5 identifiers.
Less-Than-Lethal
Equipment --Video/Audio Recording
Drugs
Computer software/hardware
Equipment--Forensic
The list of all identifiers can be found at www.bja.gov/funding/JAGidentifiers.pdf
BUDGET: Please identify the elements (e.g., personnel, equipment, supplies,
travel/training, etc.) of your project, and list them on the attached Budget Worksheet
Template. Please provide computations for all entries.
Please indicate the project's compliance with federal grant criteria and briefly explain any
affirmative responses.
No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose
areas, however, JAG funds cannot be used directly or indirectly for security enhancements or
equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may
JAG funds be used directly or indirectly to provide for any of the following matters unless BJA
certifies that extraordinary and exigent circumstances exist, making them essential to the
maintenance of public safety and good order:
• Vehicles, vessels, or aircraft
• Luxury items
• Real estate
• Construction projects, other than penal or correctional institutions
• Any similar matters
Is there anything in your project that could be interpreted as inconsistent with this
requirement? No.
Federal funds must be used to supplement existing funds for program activities and cannot
replace or supplant nonfederal funds that have been appropriated for the same purpose
Is there anything in your project that could be interpreted as inconsistent with this
requirement? No.
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3
Applicant Disclosure of Pending Applications
Applicants are to disclose whether they have pending applications for federally funded grants or
subgrants (including cooperative agreements) that include requests for funding to support the
same project being proposed under this solicitation and will cover the identical cost items
outlined in the budget narrative and worksheet in the application under this solicitation. The
disclosure should include both direct applications for federal funding (e.g., applications to
federal agencies) and indirect applications for such funding (e.g., applications to state agencies
that will subaward federal funds).
OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging
multiple funding sources in a complementary manner to implement comprehensive programs or
projects is encouraged and is not seen as inappropriate duplication.
Applicants that have pending applications as described above are to provide the following
information about pending applications submitted within the last 12 months:
-the federal or state funding agency
-the solicitation name/project name
-the point of contact information at the applicable funding agency.
Please use table below for any pending applications:
Federal or State
Funding Agency
Solicitation
Name/Project Name
25
4
Name/Phone/E-mail for
Point of Contact at
Funding Agency
This Page Left Blank Intentionally
26
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: August 12,2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: MOU between Center for Children and Youth Justice and Federal Way Police
Department
The Federal Way Police Department has been a member of the Suburban King County Coordinating
Council on Gangs (SKCCCG) since 2011. This MOU is on behalf of SKCCCG and is to affirm that
the Federal Way Police Department (FWPD) will implement the Law Enforcement Uniform Data
Collection Protocol on gang related incidents by collecting data and reporting the data to a uniform
reporting system.
1
28
MEMORANDUM OF UNDERSTANDING
BETWEEN
CENTER FOR CHILDREN AND YOUTH JUSTICE
AND
FEDERAL WAY POLICE DEPARTMENT
SUBURBAN KING COUNTY COORDINATING COUNCIL ON GANGS: LAW
ENFORCEMENT DATA COLLECTION
PURPOSE OF MEMORANDUM OF UNDERSTANDING:
The purpose of this Memorandum of Understanding (MOU) between the Center for Children &
Youth Justice (CCY J) on behalf of the Suburban King County Coordinating Council on Gangs
(SKCCCG) and Federal Way Police Department (Federal Way PO) is to affirm that Federal Way
PO will implement the SKCCCG Law Enforcement Uniform Data Collection Protocol, collect
data and report data according to obligations set forth in this agreement. Attachment 1, a copy
of SKCCCG Law Enforcement Uniform Data Collection Protocol is incorporated herein by this
reference.
PURPOSE OF SKCCCG LAW ENFORCEMENT UNIFORM DATA COLLECTION
PROTOCOL:
A uniform reporting system for "gang-related incidents" will be used to consistently track gang
activity across all SKCCCG jurisdictions.
OBLIGATIONS:
Federal Way PO agrees to :
1. Implement use of SKCCCG Uniform Data Collection Protocol beginning in the first
quarter of 2014;
2. Modify department-specific Records Management Systems as necessary to
accommodate protocol implementation;
3. Provide Officer briefings/trainings on the purpose and use of SKCCCG Uniform Data
Collection Protocol as necessary;
4. Collect data on "gang-related" incidents using the SKCCCG Law Enforcement data
collection sheet (attachment 1);
5. Submit data to SKCCCG Project Manager/CCY J on a quarterly basis, with initial
submission due July 301h, 2014;
Center for Children & Youth Justice on behalf of SKCCCG agrees to :
CCY J/SKCCCG-Federal Way Police Department
Page 1 of 4 29
ATTACHMENT 1
Law Enforcement Uniform Data Collection Protocol
Uniform Data-Collection Protocol: A uniform reporting system for "gang-related incidents"
will be used to consistently track gang activity across all SKCCCG jurisdictions.
SKCCCG jurisdictions implementing this protocol:
• King County Sheriff's Office
• Auburn Police Department
• Bellevue Police Department
• Federal Way Police Department
• Kent Police Department
• Renton Police Department
• Tukwila Police Department
All SKCCCG jurisdictions shall define "Gang-related incident" pursuant to RCW 9 .9 4A.030 (14)
RCW 9.94A.030 (14} defines "Gang-related incident" as:
Any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the
benefit of, at the direction of, or in association with any criminal street gang, or is committed with the
intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or
more of the following reasons:
• To gain admission, prestige, or promotion within the gang;
• To increase or maintain the gang's size, membership, prestige, dominance, or control in any
geographical area;
• To exact revenge or retribution for the gang or any member of the gang;
• To obstruct justice, or intimidate or eliminate ariy witness against the gang or any member of
the gang;
• To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for
the gang, its reputation, influence, or membership; or
• To provide the gang with any advantage in, or any control or dominance over any
criminal market sector, including, but not limited to, manufacturing, delivering, or
selling any controlled substance (chapter 69.50 RCW); arson (chapter 9A.48 RCW);
trafficking in stolen property (chapter 9A.82 RCW); promoting prostitution (chapter
9A.88 RCW); human trafficking (RCW 9A.40.100); or promoting pornography (chapter
9.68 RCW}. (RCW 9.94A.030)
All individual records management systems used by SKCCCG jurisdictions shall include a gang-
related modifier for all offenses. Data on gang-related incidents will be recorded when
offenses are entered into each individual LEA records management system.1
1 NIBRS offense reporting: data elements (J-juvenile gang, G-other gang, N-none/unknown) are used to describe
the type, or lack of presence, of an offender's gang activities for the incidents involving the following 11 offenses:
CCY J/SKCCCG-Federal Way Police Department 31 Page 3 of 4
The following values will be used to identify 11 gang-related incidents" for any felony and
misdemeanor offense:
• Other Gang (membership is predominately 18 years of age or older)
• Juvenile Gang (membership is predominately juvenile [under 18 years of age]
• None/Unknown
For all documented offenses, each LEA records management system shall include a gang-related
modifier that equates to the listed values. For example :
GGOl = Other Gang
GG02= Juvenile Gang
GG03= None/Unknown
By adding a gang-related modifier for all offenses entered into each LEA records management system,
SKCCCG will be able to consistently collect data that more accurately represents the existence of gang-
related incidents across the region. Data on gang-related incidents will be collected quarterly from each
LEA records management system and combined to produce a comprehensive, regional analysis. SKCCCG
will act as the main repository for all gang-related data collected. All SKCCCG data collected will be
housed in a database located at Center for Children & Youth Justice ("CCYJ").
Murder and non-negligent manslaughter; Negligent Manslaughter; Kidnapping/Abduction; Forcible Rape; Forcible
Sodomy; Sexual Assault with an Object; Forcible Fondling; Robbery; Aggravated Assault; Simple Assault;
Intimidation. In order to expand data collection, all SKCCCG jurisdictions have agreed to collect gang-related data
for all offenses within each department's individual records management system.
CCY J/SKCCCG-Federal Way Police Department
Page4of4 32
This Page Left Blank Intentionally
34
SUBJECT: PARKS PROPERTY TAX LEVY AGREEMENT
POLICY QUESTION: Should the City accept the voter approved King County Proposition No. 1 Parks Levy
and authorize the Mayor to sign the Parks Property Tax Levy Agreement?
COMMITTEE: PRHSPS Committee
MEETING DATE: August 12, 2014
CATEGORY:.
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd, Deputy Park Director DEPT: Parks
Attachments: Parks Property Tax Levy Agreement memo.
Options Considered:
1. Authorize to accept the voter approved King County Proposition No. 1 Parks Levy and authorize the Mayor
to sign the Parks Property Tax Levy Agreement.
2. Do not authorize the voter approved King County Proposition No. 1 Parks Levy and provide direction to
staff.
IVLAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the September 2, 2014 City Council
Consent Agenda for approval. --I
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL: G�miftee /
ommtttee
COMMITTEE RECOMMENDATION: I move to forward Option I to the September 2, 2014 City Council consent
agenda for approval.
Susan Honda, Chair Dini Duclos, Member Martin Moore, Member
PROPOSED COUNCIL MOTION: "I move to accept the voter approved King County Proposition No. I Parks Levy
and authorize the Mayor to sign the Parks Property Tax Levy Agreement. "
(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 - 08/12/20 10 RESOLUTION #
CITY OF
Federal Way
Parks and Facilities Division
Date:
August 12, 2014
To:
PRHSPS Council Committee
Via:
Mayor Jim Ferrell
John R Hutton., Director of Parks.
From:
Stephen Ikerd., Deputy Director of Parks
Subject:
Parks Property Tax Levy Agreement
Background:
In June of 2012, the County Executive convened the King County Parks Levy Task
Force to recommend a funding plan for the current park system and to examine how to
address the parks and recreation needs of King County residents in the future.
The King County Parks Levy Task Force recommended that the County replace the
expiring levies and put a ballot measure before the voters in 2013 that requests a six -year
inflation- adjusted property tax levy lift at a total rate of $0.1901 per one thousand dollars
of assessed value with a percentage of the levy proceeds to be distributed to cities for
their local parks system projects.
On April 30, 2013, the King County Council adopted Ordinance 17568 which called
for a special election in accordance with RCW 29A.04.321 to authorize an additional 6-
year property tax levy for specified park purposes.
On August 6, 2013, King County voters approved Proposition No. 1 Parks Levy that
authorized an additional six year property tax levy at a rate of $0.1877 in the first year,
with subsequent levies adjusted by inflation for the purpose of: maintaining and operating
King County's parks system, improving parks, recreation and mobility by acquiring open
space, expanding park and recreation opportunities, continuing to develop regional trails;
repairing, replacing, and improving local parks and trails in King County's cities; and
funding environmental educations, maintenance, conservation, and capital programs at
the Woodland Park Zoo.
Cities within King County will share the funds raised by these levies. The City of
Federal Way averaged receiving between $150- 160,000 during the past 6 -year Levy
which expired in 2013. It is expected that the City of Federal Way will receive
approximately $160,000 for each of the next 6 years that this new Levy will be in effect.
These funds must be used for Park and Recreation improvements within the City.
Action:
Council approval to accept the voter approved King County Proposition No. 1 Parks Levy
and authorize the Mayor to sign the Parks Property Tax Levy Agreement.
Recommendation:
Staff recommends accepting the new Proposition 1 King County Parks Levy and authorize
the Mayor to sign the Parks Property Tax Levy Agreement.
PARKS PROPERTY TAX LEVY AGREEMENT
between
KING COUNTY & CITY OF FEDERAL WAY
This Parks Property Tax Levy Agreement (the `'Agreement ") is made and entered into as of
, 2014, by and between KING COUNTY, a political subdivision of the state of
Washington (the "County ") and the City of Federal Way, a State of Washington municipal
corporation ( "CITY ").
RECITALS
A. The County owns and operates a park system with over twenty -eight thousand (28,000) acres
of regional parks and open spaces and over one hundred seventy -five (175) miles of regional
trails. In addition, the County is the provider of local parks in the rural area and is the
transitional provider of local parks in the urban incorporated areas.
B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the
County Executive and County Council, the County's Parks and Recreation Division has
focused on managing a system of regional parks, open spaces and trails and a limited set of
regional active recreation assets.
C. Consistent with its role as a regional and local rural service provider under Countywide
Planning Policies and the State Growth Management Act, the County has divested itself of
local parks and facilities in urban unincorporated areas as these areas incorporate or annex to
cities.
D. In November 2006, the County Executive created the Parks Futures Task Force to
recommend a funding plan for the current County park system, and to examine what steps
should be taken, if any, regarding future park system acquisitions.
E. In June of 2012, the County Executive convened the King County Parks Levy Task Force to
recommend a funding plan for the current park system and to examine how to address the
parks and recreation needs of King County residents in the future.
F. The King County Parks Levy Task Force recommended that the County replace the expiring
levies and put a ballot measure before the voters in 2013 that requests a six -year inflation
adjusted property tax levy lift at a total rate of $0.1901 per one thousand dollars of assessed
value with a percentage of the levy proceeds to be distributed to cities for their local parks
system projects.
G. On April 30, 2013, the King County Council adopted Ordinance 17568 which called for a
special election in accordance with RCW 29A.04.321 to authorize an additional 6 -year
property tax levy for specified park purposes..
H. On August 6, 2013, King County voters approved Proposition No. 1 Parks Levy that
Page 1 of 6
authorized an additional six year property tax levy at a rate of $0.1877 in the first year, with
subsequent levies adjusted by inflation for the purpose of maintaining and operating King
County's parks system, improving parks, recreation and mobility by acquiring open space,
expanding park and recreation opportunities, continuing to develop regional trails; repairing,
replacing, and improving local parks and trails in King County's cities; and funding
environmental educations, maintenance, conservation, and capital programs at the Woodland
Park Zoo.
NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set
forth and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
AGREEMENT
1.1 Definitions. As used in this Agreement, the following terms shall have the following
meanings:
A. "Annual Report" shall mean the annual report prepared by the CITY and provided to
the County annually by May 1 beginning in 2015 setting forth a summary of CITY
projects for the preceding year, along with a complete financial accounting for the use
of County Levy Proceeds, and a listing of all capital investments made at the CITY
funded in whole or in part by County Levy Proceeds, and for the 2015 annual report
the CITY shall identify the dollar amount of the CITY's Existing Funds.
B. "CITY" shall mean the City of Federal Way, State of Washington, and all of its
boards, commissions, departments, agencies and other subdivisions.
C. "CITY Proceeds" shall mean seven percent (7 %) of the total County Levy Proceeds
collected by King County and any interest earnings on these funds
D. "CITY Projects" shall mean the City's local park system projects consistent with
King County Ordinance 17568.
E. "County" shall mean King County, State of Washington, and all of its boards,
commissions, departments, agencies and other subdivisions.
F. "County Council" shall mean the County Council of King County, State of
Washington.
G. "County Levy" means the annual King County property tax levy for park purposes
imposed by the King County Council and authorized by Proposition No. 1 Parks Levy
that was approved by the County voters on August 6, 2013 that replaced two levies
expiring at the end of 2013.
H. "County Levy Proceeds" shall mean the principal amount of the County Levy
collected by the County.
Page 2 of 6
I. "Executive" shall mean the King County Executive or his or her functional successor.
J. "Existing funds" shall have the meaning, as defined by RCW 84.55.050.
K. "Regional trail system" shall mean the system -wide non - motorized network of
designated off -road, shared -use paths, trails, or greenways for recreation and regional
mobility.
2. Term of Agreement. The term of this Agreement (the "Term'') shall be for a period
commencing on the Effective Date (the "Commencement Date "), and expiring on
December 31, 2019 (the "Termination Date ").
Receipt of County Levy Proceeds.
A. Generally. Each year the County shall distribute the CITY's proportionate share of
the CITY Proceeds to the CITY as authorized by Ordinance 17568, subject to Council
appropriation.
B. Receipt and Distribution of Levy Proceeds.
1. Payment Schedule. Beginning in 2014 and through 2019, the County shall
transfer the CITY Proceeds to the CITY on a quarterly basis. The annual amounts
transferred shall never exceed the CITY's proportionate share of the CITY
Proceeds actually collected and appropriated by King County.
2. Administrative Fee. The Parties agree that the County has authority to deduct a
portion from CITY Proceeds for eligible expenditures related to the
administration of the distribution of County Levy Proceeds, consistent with
Ordinance 17568.
4. Use of County Levy Proceeds. The City shall only use the transferred City Proceeds for its
City Projects. On or before May 1 of each year throughout the Term of this Agreement, the
CITY shall provide the County with a copy of the Annual Report and provide any further
documentation showing that the City Proceeds were expended on CITY Projects. The City
shall maintain financial records to account separately for the City Proceeds.
5. Representations and Warranties. The CITY represents and warrants that all CITY Proceeds
received by the CITY shall be used only for specific CITY Projects as defined in this
Agreement and that such funds shall not be used to supplant Existing Funds. The CITY
represents and warrants that all CITY Projects shall be consistent with the requirements in
King County Ordinance 17568. The CITY represents and warrants that in addition to the
CITY's proportionate share of the CITY's Proceeds, the CITY shall annually expend on
CITY Projects an amount equal to the CITY's Existing Funds.
6. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions
and other property attached to or installed in the City's local parks system during the Term
Page 3 of 6
shall be and remain the properties of CITY and shall not be deemed property of the County
under any circumstances.
7. Notices. All notices required to be given hereunder shall be in writing and either delivered
personally or sent by certified mail to the appropriate address listed below, or at such other
address as shall be provided by written notice. Notice shall be deemed communicated upon
actual receipt. For convenience of the parties, copies of notices may also be given be other
means; however, neither party may give official or binding notice except by personal
delivery or by certified mail.
If to the CITY:
John R. Hutton, Park Director
City of Federal Way
333258 th Ave S.
City of Federal Way, WA 9800' :)-6325
If to King County:
Kevin R. Brown, Division Director
King County Parks and Recreation Division
Department, of Natural Resources and Parks
201 South Jackson
Mailstop: KSC -NR -0700
Seattle, WA 98104
8. Compliance with Laws. The CITY shall comply and conform with all applicable laws and
all governmental regulations, rules and orders.
9. CITY Agreement to Comply with Audit Finding or r Repay. The CITY agrees that it is
financially responsible for the lawful use of the levy funds distributed under this contract.
The City agrees that if the State Auditor makes an audit finding that the levy proceeds have
not been spent properly, the City shall comply with the State Auditor's audit finding and
correct any improper expenditure or, at the sole discretion of the County, repay any
indicated amounts to the County. This duty to comply with the audit finding or repay shall
not be diminished or extinguished by the prior termination of the Agreement pursuant to
the Duration of Agreement or the Termination Sections.
10. Miscellaneous.
A. Liability of the County. The County's obligations to the CITY under this Agreement
shall be limited to the terms and conditions set forth herein. Notwithstanding any
other provision in this Agreement to the contrary, in no event shall the County be
liable, regardless of whether any claim is based on contract or tort, for any special,
consequential, indirect or incidental damages, including without limitation lost
profits, arising out of or in connection with this Agreement or the services performed
in connection with this Agreement.
Page 4 of 6
B. Dispute Resolution. In the event of a dispute between the CITY and the County
regarding any term of this Agreement, the parties shall attempt to resolve the matter
informally through the following mechanism: the CITY (reps.) or their respective
designee(s), shall meet with County (reps) or their respective designee(s) to review
and discuss the matter(s) in dispute; if the CITY (reps) and County (reps) are unable
to reach a mutual resolution, the Executive and the mayor, or their respective
designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons
are unable to resolve the matter informally, either party may submit the matter to a
non - binding, structured mediation procedure fashioned by persons or organizations
experienced in alternative dispute resolution ( "ADR ") procedures. The mediation
may be requested by any party and shall be initiated within thirty (30) days from the
date of the request unless extended by agreement of both parties. The alternative
dispute resolution procedures utilized for the mediation shall include the exchange of
written claims and responses, with supporting information, at least seven (7) days
prior to the actual mediation. The positions expressed and mediator's
recommendations shall not be admissible as evidence in any subsequent ADR or legal
proceeding. If the matter is submitted to mediation and the matter is not resolved, an
affected party shall be entitled to pursue any legal remedy available. Any disputes
involving the lawful expenditure of levy proceeds shall be resolved by King County
Superior Court if the parties cannot agree.
C. No Implied Waiver. No failure by either party hereto to insist upon the strict
performance of any obligation of the other party under this Agreement or to exercise
any right, power or remedy arising out of a breach thereof, irrespective of the length
of time for which such failure continues (except in cases where this Agreement
expressly limits the time for exercising rights or remedies arising out of a breach),
shall constitute a waiver of such breach or of that party's right to demand strict
compliance such term, covenant or condition or operate as a surrender of this
Agreement. No waiver of any default or the performance of any provision hereof
shall affect any other default or performance, or cover any other period of time, other
than the default, performance or period of time specified in such express waiver. One
or more written waivers of a default or the performance of any provision hereof shall
not be deemed to be a waiver of a subsequent default or performance. The consent of
either party hereto given in any instance under the terms of this Agreement shall not
relieve the other party of any obligation to secure the consent of the other party in any
other or future instance under the terms of this Agreement.
D. Headings and Subheadings. The captions preceding the articles and sections of this
Agreement and in the table of contents have been inserted for convenience of
reference and such captions in no way define or limit the scope or intent of any
provision of this Agreement.
E. Successors and Assigns. The terms, covenants and conditions contained in this
Agreement shall bind and inure to the benefit of the County and the CITY and, except
as otherwise provided herein, their personal representatives and successors and
assigns. There are no third party beneficiaries to this Agreement.
Page 5 of 6
F. Agreement made in Washington. This Agreement shall be deemed to be made in and
shall be construed in accordance with the laws of the State of Washington. Venue of
any action brought by one party against the other to enforce or arising out of this
Agreement shall be in King County Superior Court.
G. Integrated Agreement; Modification. This Agreement contains all the agreements of
the parties hereto relating to the subject matter addressed herein, and cannot be
amended or modified except by a written agreement approved by the King County
Council and mutually executed between each of the parties hereto.
H. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one
and the same instrument.
Time of Essence. Time is of the essence of each provision of this Agreement.
Signage. For each capital project funded with County Levy Proceeds, the CITY shall
provide a sign including the following language: This project was funded (or as
applicable, funded in part) with proceeds from the Proposition No. 1 Parks Levy
approved by King County voters in August 2013 under an Agreement with King
County Parks and Recreation Division.
DATED this day of , 2014.
KING COUNTY, a Washington municipal CITY OF FEDERAL WAY, a Washington
corporation municipal corporation
Its
By authority of Ordinance No. 17568
LM
Its
Page 6 of 6
SUBJECT: TOWN SQUARE PLAYGROUND EQUIPMENT
POLICY QUESTION: Should the City install playground equipment at Town Square Park and approve up to
$56,000 from the Downtown Park CIP account to secure an appropriate system and swing set?
COMMITTEE: PRHSPS Committee MEETING DATE: August 12, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Hutton, Park Director DEPT: Parks
_ .................................._.._.__....._.............. ..............- .__._.._........ ....................._..........._._......_...._............_...-...._................_.................._....._............---.... ............................... --._.._.....__......_......................__._._......_. ..._....._.........._..._..._.. -- ._... __ .................. ......_..........._............
Background: This concept was presented at the Parks Commission mtg. on Aug 7, 2014 and received support to
forward on to Council.
Information: Staff was also directed to purchase several trees to be installed around the perimeter of the grass area
as soon as possible. This purchase will be less than $20,000 not requiring Council Action. Staff was further directed
to explore shelter options for the picnic area and to report back at the next Commission meeting.
Options Considered:
1. Authorize the use of up to $56,000 from the Downtown Park CIP account to purchase playground
equipment for Town Square Park.
2. Do not authorize the purchase of playground equipment and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 2, 2014 City Council
Consent Agenda for approk,4.
MAYOR APPROVAL: `- ii j/ -- / �t�,/ DIRECTOR APPROVAL:
ommittee Con -1 Com ittee
CHIEF OF STAFF:
Committee Council
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 2, 2014 City Council consent
agenda for approval.
Susan Honda, Chair Dini Duclos, Member Martin Moore, Member
PROPOSED COUNCIL MOTION: "I move to authorize the use of up to $56, 000 from the Downtown Park CIP
account to purchase playground equipment for Town Square Park. "
(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 #