The URL can be used to link to this page

Council PKT 09-19-2017 Regular CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall September 19, 2017 – 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing-In of Newly Promoted Officers – Chief Hwang b. Presentation to Federal Way Target Store of a Citizen Thank You Banner c. Proclamation: Domestic Violence Awareness Month – October 2017 d. Mayor’s Emerging Issues and Report  Performing Arts & Event Center Grand Opening Gala Fundraiser – Sept 9 – Executive Director Theresa Yvonne  Report on the Mayor’s Day of Concern – Food Drive (9/16) – Jeff Watson, Community Services Manager th  Community Events: Chick-fil-A Grand Opening (9/14); 25 Anniversary of Korean Community Quarterly Meeting (9/21); Safe at Home Event/PSE (9/16); 2017 Symphony th Blues Festival at the Park (9/16); REACH OUT 7 Annual “Pay it Forward” Breakfast (9/19) 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 may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: September 5, 2017 Special and Regular Meetings …page 4 b. Interagency Agreement Between Washington State Patrol and the Federal Way Police Department on Commercial Motor Vehicle Inspections …page 15 The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. c. Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration (DEA) HIDTA Task Force Agreements …page 25 d. King County Registered Sex Offender Cost Reimbursement Agreement …page 34 e. Authorization to Accept 2017 King County Flood Control District Flood Reduction Grant …page 45 f. RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects – Authorization to Accept NHS Grant Funding …page 48 g. RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects – Authorization to Accept Emergency Relief Program Grant Funding …page 55 h. 21st Ave S Pedestrian Connection – S 314th St to S 316th St (Grand Staircase) – 30% Design Status Report …page 60 i. Authorization to Apply for and Accept King County Grant Funding in Support of Local Food Waste Prevention Projects …page 62 6. PUBLIC HEARING a. Resolution/Federal Way School District #210 Prop #1 …page 64  School District Presentation – Dr. Tammy Campbell, Superintendent  Pro Committee Statement – Gregory Baruso, Committee Member  Con Committee Statement  Citizen Comment – 3 minutes each  Council Discussion  Potential Council Action 7. COUNCIL REPORTS 8. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. Federal Way PROCLAMATION "Domestic Violence Awareness Month" WHEREAS, domestic violence is a serious crime that affects people of all races, ages, gender, and income levels; and WHEREAS, according to the Washington Association of Sheriffs and Police Chiefs, police respond to about 50,000 domestic violence call every year in Washington and approximately 2,100 domestic violence calls every year in the City of Federal Way; and WHEREAS, even with the significant number of calls responded to by police, 70% of domestic violence that occurs goes unreported; and WHEREAS, although men and children can be victims of domestic violence it is committed predominately against women and is the leading cause of injury to women between the ages of 15 to 44 in the United States — more than car accidents, muggings and rapes combined; and WHEREAS, children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average; and children that experience domestic violence are impacted in their education and are more likely to continue the cycle of domestic violence in dating relationships as youth and in adult relationships; and WHEREAS, each year, medical expenses from domestic violence total at least $3 to $5 billion dollars, and businesses forfeit another $100 million dollars in lost wages, sick leave, absenteeism and non - productivity; and WHEREAS, in response to the prevalence of domestic violence in this community, the Federal Way Domestic Violence Task Force members have been working towards promoting prevention, victim safety, community awareness and abuser accountability through organization, education and outreach; NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim the month of October 2017 as "Domestic Violence Awareness Month ", and urge our citizens to recognize this critical problem facing our entire community, work to prevent domestic violence, increase services to domestic violence victims and their children, and continue efforts to eliminate this crime which affects all of us in this community, our state, and in our nation. SIGNED this 19th day of October, 2017 ERAL WAY MAYOR AND CITY COUNCIL Jim Ferrell, Mayor Lyd A ssefa- Dawssoo_n, au. unci member \ aw ,usan Honda, C•uncilmember „ii 1 1, ' Martin Moore, ouncilmember e Burbidge, De•u M. or Robert J. Celski, • uncilmember Mark Koppan V ncilmember Dini Duclos, Councilmember COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: a SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the September 5, 2017 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: DEPT: Mayor's Office Draft minutes for the September 5, 2017 Regular and Special 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 Committee Council Initial /Date Initial /Date CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A 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 # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2016 RESOLUTION # Federal Way CITY COUNCIL SPECIAL MEETING AGENDA Council Chambers - City Hall September 5, 2017 — 6:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:02 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. EXECUTIVE SESSION Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i). • Potential Litigation pursuant to RCW 42.30.110(1)(i) 3. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 6:42 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 September 5, 2017 CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall September 5, 2017 — 7:00 p.m. 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 Lydia Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. DEPUTY MAYOR BURBIDGE MOVED TO AMEND THE AGENDA TO ADD A NEW SECTION 7 ENTITLED "ORDINANCE," WITH A NEW ITEM "7 -A," TO CONSIDER A PROPOSED ORDINANCE IMPOSING A 12 -MONTH MORATORIUM ON SELF - SERVICE STORAGE FACILITIES IN THE CITY AND TO RENUMBER REMAINING SECTIONS ACCORDINGLY; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 3. PRESENTATIONS a. Mayoral Proclamation: Mayors Day of Concern — September 16 Mayor Ferrell read and presented the Mayor's Day of Concern Proclamation to Terri Turner with the Multi- Service Center. He noted in partnership with the Emergency Feeding Program the Multi- Service Center will be collecting food and cash donations at local grocery stores throughout the city on Saturday, September 16 from 10:00 a.m. — 2:00 p.m. b. Proclamation: National Recovery Month /September Deputy Mayor Burbidge read and presented the Proclamation to Mario Williams- Sweet, Hospital and Mental Health Residential Coordinator with King County Behavior Health and Recovery Division. Mr. Williams -Sweet thanked the Mayor and Council noting the importance of recognizing the value of recovery and treatment programs. Federal Way City Council Regular Minutes Page I of 9 September 5, 2017 c. Proclamation: Constitution Week — September 17 -23 Councilmember Duclos read and presented the Constitution Week Proclamation to Sally Jarvis, Regent — Lakota Chapter of the National Society, Daughters of the American Revolution (NSDAR). Ms. Jarvis thanked the Mayor and Council and reminded everyone of the significance and importance of the Constitution and founding fathers. d. Mayor's Emerging Issues and Report • Back -to- School Safety Reminders — Police Chief Hwang Chief of Police Andy Hwang reported the first day of school is tomorrow. School zones will become active with 20 MPH in most school zones; drivers should take extra time and caution near schools and crossing areas. He asked everyone to avoid distracted driving; and to never pass a school bus with flashing lights in a two lane roadway. Photo enforcement will become active tomorrow along with officers in school zones. • Kitts Corner Homeless Encampment Clean -up (336th Street) Chief Hwang reported on the cleanup efforts regarding the wooded homeless encampment and increased criminal activity near 336th, including fire, theft, and drug activity. The department is also in contact with business owners and is hoping to have positive impacts in the area. • Report on Emergency Management /FEMA Training: Emmitsburg, MD Emergency Manager Ray Gross reported on the recent FEMA training members of staff and partner agencies attended in Maryland. FEMA offers training to 12 communities a year and this is the second time Federal Way has had the opportunity to attend. The training focused on a large incident and the recovery phase. Agencies who participated in the training included the city, South King Fire and Rescue; Lakehaven Utility District; St. Francis Hospital, Federal Way Public Schools, City of Des Moines, local amateur radio club, and CERT volunteers. Mayor Ferrell and Councilmembers thanked Mr. Gross for his presentation and also emphasized the importance of disaster and emergency preparedness for the city and its residents. • Report on Performing Arts & Event Center Ribbon Cutting Ceremony and Public Grand Opening (8/19) & Performing Arts & Event Center Grand Opening Gala Fundraiser (9/9) Performing Arts & Event Center Executive Director Theresa Yvonne gave a report on the close to 900 people in attendance at the ribbon cutting ceremony held on August 19. This was the first public open house. Those in attendance toured the facility and enjoyed various free performances by the resident arts groups. She noted the event was well attended and lasted throughout the day. She highlighted the upcoming Grand Opening Gala Fundraiser featuring "Rain ", which is quickly approaching on September 9. • Community Events Federal Way City Council Regular Minutes Page 2 of 9 September 5, 2017 Mayor Ferrell reported on various other community events he attended and upcoming including: the Lions Club Car Show on August 26; the movie at Town Square Park (Pete's Dragon) on August 26; Valley Communications' 40th Anniversary Celebration on August 30; Grand Opening of the Federal Way Chick -fil -A on September 14; and the 25th Anniversary of Korean Community Quarterly Meeting at the Performing Arts & Event Center on September 21. Mayor Ferrell asked Senior Advisor Yarden Weidenfeld to give a report on Lake Jeane. Mr. Weidenfeld noted his final report is over 80 pages and can be emailed out to anyone interested. The report covers the history of this issue and recommendations for moving forward. 4. CITIZEN COMMENT Julien Loh and Leslie Myers, representatives from Puget Sound Energy (PSE), spoke regarding their outreach efforts including the Save at Home Event on September 16. This will take place at the Walmart on 16 Avenue S and preparedness kits will be given away as supplies allow. There will also be door to door visits giving away energy saving kits and lightbulbs. Bob Woolley shared concern for those in his hometown of Beaumont and his family in Houston, Texas. He is grateful that the mayor and staff attended training in preparation to help Federal Way if disaster strikes. He expressed appreciation for Policy Advisory Yarden Weidenfeld's comprehensive report which will generate additional thought and discussion regarding Lake Jean. TaShawna Nash serves on the "Save Weyerhaeuser Campus" Board. She read letter which was also emailed to supporters regarding the one year anniversary of this discussion. She noted there continues to be concern for development on this treasured property and they will continue to fight. Doug Baxter spoke on behalf of the Violence Prevention Coalition Steering Committee. He asked Council to adopt all ten recommendations as they were proposed. Jackie Muth is property owner near the Federal Way Day Center. She is concerned over illegal behavior including blatant drug use, garbage, disorderly conduct, stealing from surrounding areas and businesses. The increased costs incurred by the area business owners are out of control. She asked the Council look at relocating the facility. Lori Sechrist President of Save Weyerhaeuser Campus spoke to the accomplishments of the group in the last year. She feels they have educated themselves in last 12 months; and will continue to advocate for this unique and historical property for the area and the community. She feels the neighbors are more informed and attuned to the city and county governments. Debra Hansen, stated she has become an activist for her neighborhood in the past 12 months; she also spoke to what the group has accomplished in the last year, and what they want to see. Mark Greene, spoke about Sheriff David Clarke in Milwaukee region, and spoke about about his values and his desire for political change in the city and in the government. Trina Southern feels the community needs to take care of the Weyerhaeuser property and take care and protect the standard of living to Federal Way residents. She recommended the book "Cradle to Cradle ". Nick Wilson, thanked everyone for showing up to Friendship Day at Town Square Park and also thanked those who helped with the event including the sponsors. Federal Way City Council Regular Minutes Page 3 of 9 September 5, 2017 Terri Turner spoke regarding her interactions with individuals using the Day Center. She runs the neighboring food bank at MSC and has witness a dramatic increase in unlawful behavior. She relayed a story regarding a temporary restroom facility which has been available for use for 7 years and had to be removed within one month of the Day Center opening. She is concerned for staff safety and would like the city to address the concerns of the neighborhood businesses. Keegan Negron, a student representing Federal Way Public Academy invited the Mayor and Council to visit his school. He feels all students should have the option of a higher level curriculum at no cost. Charissa Eggleston also supports the VPCSC recommendations; she thanked Policy Advisor Mr. Weidenfeld for his assistance. She is very passionate about worksite coordinator for the school district and would like to see summer youth employment which helps kids with positive environment, and increase interest in college. Debbie Peterson, stated the VPCSC worked very hard to come up with recommendations and outlined partnerships which will support our children and families to support our youth and keep our city safe. She feels we have a tremendous amount of youth in our community and we have failed them and need to do better. Betty Taylor brought in a large thank you banner for the Federal Way Target Store in recognition of their assistance and donations for the Town Square Park National Night event. The banner is located in the back of the room citizens and staff signatures. She also feels the homeless camps on 336th and 13th need to be addressed and cleaned up so that the area is safer for the community. Cynthia Ricks - Maccotan strongly supports the VPCSC recommendations on the Council agenda this evening. She is a long term resident and told Council the answer is in the community. She is part of the FW Youth Action Team and is vested in the community. She feels the community and agency partners want to help and these programs will benefit the future of Federal Way. Suzanne Vargo is concerned with the proposed maintenance facility location of Sound Transit; she feels this area is not appropriate for this type of facility. She would like to see Sound Transit locate the facility in Fife. She also spoke regarding the former Weyerhaeuser property and the specifics of the concomitant agreement; she feels large warehouses and toxic conditions were not in the spirit of the agreement and should not be located in this eco- system and natural habitat. 5. CONSENT AGENDA a. Minutes: August 8, 2017 Special and Regular Meetings b. Demolition of Structures at 36818 8th Ave S — Bid Award PULLED AND APPROVED SEPARATELY c. Authorization to Apply for Department of Ecology Water Quality Capacity d. 2018 Asphalt Overlay Program — Preliminary Project List & Authorization to Bid Councilmember Honda pulled item b/ Demolition of Structures at 36818 8th Ave S — Bid Award DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEMS A, C, AND D ON THE CONSENT AGENDA; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Federal Way City Council Regular Minutes Page 4 of 9 September 5, 2017 CouncilmemberAssefa - Dawson yes Councilmember Celski yes Councilmember Honda yes Councilmember Moore Councilmember Duclos yes yes Councilmember Honda asked if there is any possibility of saving original items from the structure which may be historical. Public Works Director Marwan Salloum noted the contract was bid as total demolition; to change the terms, staff would have to negotiate with the contractor. The lowest bidder was substantially lower due to the fact they have the rights to reuse any useable materials; the contract as bid, is to demolish and haul away the debris. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEM B ON THE CONSENT AGENDA; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. Ratification of the Morgan Sound, Inc. Agreement for the Audio /Visual Communications Equipment for Performing Arts & Event Center Executive Director Theresa Yvonne, gave a brief presentation regarding the ratification of the current contract. She clarified the amount is still within her Furnishing, Fixtures and Equipment (FF &E) budget. COUNCILMEMBER DUCLOS MOVED TO RATIFY THE AGREEMENT WITH MORGAN SOUND, INC. TO AUTHORIZE THE USE OF ADDITIONAL FUNDS AS PRESENTED TONIGHT FOR THE PERFORMING ARTS AND EVENT CENTER AUDIO AND VIDEO EQUIPMENT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes b. Adoption of Violence Prevention Coalition Steering Committee Recommendations Councilmember Koppang made a brief presentation on the history of the Violence Prevention Coalition Steering Committee, and the important work the committee produced in creating the ten proposed recommendations. He noted the first five recommendations can be carried out without additional funds or staffing and the additional five recommendations will be addressed during the next budget cycle. Councilmembers asked various questions regarding the recommendations and impacts, including community center programs for after school programs and safe gun storage. VPCSC Co -Chair Doug Baxter briefly added the vast majority of the recommendations have been brought to the Council with identified community partners for easier, cost neutral implementation. In response to questions and citizen comments earlier in the meeting, Mayor Ferrell asked Chief Hwang to report on the Day Center activates. Chief Hwang noted the department is aware of the Federal Way City Council Regular Minutes Page 5 of 9 September 5, 2017 increased activity in the area surrounding the Day Center and the concerns of the business owners. The department is actively working on addressing concerns. COUNCILMEMBER MOORE MOVED APPROVAL OF THE PROPOSED VIOLENCE PREVENTION COALITION STEERING COMMITTEE RECOMMENDATIONS AS PRESENTED; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes c. Establishment of City Council /School Board Co- Committee Councilmember Koppang gave a brief presentation regarding the proposal to authorize the negotiation of an Interlocal agreement for the establishment of a joint City /School District Committee. Councilmembers spoke in support of this proposal. Councilmember Honda noted she has encouraged the Council and School Board to meet for a number of years; important issues to discuss include impact fees and growth of the district. DEPUTY MAYOR BURBIDGE MOVED TO EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes COUNCILMEMBER ASSEFA - DAWSON MOVED TO APPROVE FOR THE DEPUTY MAYOR TO APPOINT COUNCILMEMBERS TO NEGOTIATE AN INTERLOCAL AGREEMENT WITH THE FEDERAL WAY PUBLIC SCHOLLS AND OUTLINED IN THE GUIDELINES FOR ESTABLISHIGN A CITY COUNCIL /SCHOOL BOARD COMMITTEE TO ADDRESS SHARED ISSUES; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 7. ORDINANCES — added item a. Council Bill #727 /Moratorium on the Expansion or Creation of Self - Storage Facilities within the city.IAPPROVED ORD #17 -838 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, IMPOSING A 12 -MONTH MORATORIUM ON THE EXPANSION OR CREATION OF SELF - SERVICE STORAGE FACILITIES, INCLUDING WITHOUT LIMITATION THE CITY'S ACCEPTANCE, PROCESSING, AND APPROVAL OF LAND USE AND BUILDING PERMIT APPLICATIONS IN THE NEIGHBORHOOD BUSINESS, COMMUNITY BUSINESS, AND COMMERCIAL ENTERPRISE ZONING DISTRICTS WITHIN THE CITY, SETTING FORTH PRELIMINARY SUPPORTIVE FINDINGS, AMENDING THE PLANNING COMMISSION WORK PROGRAM, SETTING A DATE FOR A PUBLIC HEARING, ESTABLISHING A WORK PLAN; DECLARING AN EMERGENCY, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Federal Way City Council Regular Minutes Page 6 of 9 September 5, 2017 Planning Manager Doc Hanson gave a brief report to Council regarding the recommendation to further study the recent increase and impacts of self- storage facilities across the city in the Neighborhood Business; Community Business; and Commercial Enterprise Zoning districts within the city. He noted as a newer staff member, the recent increase was cause for alarm and recommends the current zoning be reviewed. Due to the structure of the Council approval process, staff is requesting a 12 -month moratorium which will enable a thoughtful review and move recommendations, if any, through the Planning Commission; Council Committee; and City Council process. Councilmembers thanked Mr. Hanson and his staff for identifying and bringing this concern forward. Mr. Hanson noted the current supply ratio is one (1) unit for every eight (8) households, with current applications the ratio would be equivalent to one (1) unit for every (3) households. He also noted Federal Way has more applications than seven (7) other neighboring jurisdictions. He did not see the same increase in self- storage applications and development in other cities. At this time, it is unknown if the available inventory is sufficient for current supply and demand; these will be studied if the moratorium is enacted. Councilmembers questioned the timeline and if a 6 -month moratorium could be enacted instead of 12- months. Mr. Hanson reminded Council it takes approximately three (3) months to get through the process to bring recommendations to Council once the research has been completed. Due to current staffing levels and workloads, a shortened timeline would not be sufficient for thorough review and research. Councilmembers asked additional clarifying questions regarding vacancy rates, new companies or expansion of existing storage facilities, tax base and potential tax loss; and vested applications. Councilmember Honda stated she would support a 6 month moratorium; however not a 12- month. COUNCILMEMBER CELSKI MOVED TO SUSPEND CITY COUNCIL RULE 2.2 SUBSECTION 8 TO ALLOW FIRST READING AND ENACTMENT OF THE ORIDNANCE IN ONE MEETING; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes City Clerk Stephanie Courtney read the Ordinance title into the record. COUNCILMEMBER CELSKI MOVED APPROVAL AND ADOPTION OF THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed 6 -1 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda no 8. COUNCIL REPORTS Councilmember Assefa- Dawson appreciated the discussions that have been had and expressed her disappointment to hear of the challenges surrounding the Day Center. She would like to see expectations be established to encourage participants to take ownership. She expressed gratitude to Federal Way City Council Regular Minutes Page 7 of 9 September 5, 2017 Councilmember Koppang for his leadership with the two recommendations tonight. She commented on the serendipitous timing of the FEMA Training and hopes Council will be educated regarding next steps and the part they can play as it would be beneficial to the community. Councilmember Celski thanked Performing Arts and Event Center (PAEC) Director Theresa Yvonne and her staff for the outstanding Ribbon Cutting and Grand Opening event. The encouraged attendance at the Reach Out Annual Breakfast Fundraiser which will take place at Christian Faith Center on Tuesday, September 19 at 7:00 a.m. The next Land Use and Transportation Committee (LUTC) meeting is scheduled for September 11 at 5:00 p.m. Councilmember Honda attended an Eagle Scout Award Ceremony on August 27 for a young man in our community. She encouraged those in attendance to sign the banner for the sponsors of the National Night Out event held at Town Square Park. She shared concerns regarding the reduction of mental health and substance abuse in the Washington State Budget and the impact it will have on the individuals in homeless camps as they need a place to go. She requested Sound Transit be asked to return and present regarding their plan of action if Federal Funding is lost for ST3. Councilmember Koppang also commented on the Grand Opening of the PAEC and shared his excitement regarding the economic development that will occur with this project at the heart of the city. He shared his concern for those in Houston, Texas (Hurricane Harvey) and he was impressed by community members coming together regardless of race or economics. He reflected on the shared mentality in Federal Way; that we have respect for one another and work to create /implement solutions. He also attended great events such as the DESNA Cup Event, Lion's Car Show, and Integrity Life Church Backpack Event. He announced the next Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee meeting is scheduled for September 12 at 5:00 p.m. Councilmember Moore thanked Mayor Ferrell and Chief Hwang who listed and responded to concerns of Federal Way business owners related to drug use and individuals sleeping near businesses. He is concerned with the reoccurring situation and stated we cannot have businesses driven away from the City of Federal Way. He announced Federal Way Public Schools first day of school and wished everyone a successful day. He reiterated his desire for the city to maintain a good relationship with our schools and thanked Councilmember Koppang for his leadership in this effort. Councilmember Duclos attended the donor reception for the PAEC and was impressed by the event: she enjoyed the meal, tour, and seeing the finished product. She is proud to have taken part in the development of the project that will help redefine downtown. She also attended a reception for Finance Director Ade Ariwoola's brother, Justice of the Supreme Court of Nigeria Olukayode Ariwoola. Deputy Mayor Burbidge announced the upcoming Lodging Tax Advisory Committee (LTAC) meeting is scheduled for September 13 at 10:00 a.m. She also announced Sound Cities Association is looking for a South King County Member to serve on the Solid Waste Advisory Committee; the deadline to apply is September 8. She also thanked Director Yvonne and staff who worked to ensure the Ribbon Cutting and Open House were well attended and fully- enjoyed. She expressed gratitude for Councilmember Koppang's leadership in responding to the Violence Prevention Coalition Steering Committee's recommendations. She announced upcoming events such as the 9 -11 Memorial Remembrance to be held that the South King Fire and Rescue Memorial in front of Station 64, the Sound Transit Link Light Rail Open House on September 14, the Mayor's Day of Concern for the Hungry Food Drive, and the Federal Way Symphony sponsoring the Blues Festival at Town Square Park on September 16. Federal Way City Council Regular Minutes Page S of 9 September 5, 2017 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:45 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 September 5, 2017 COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE PATROL AND THE FEDERAL WAY POLICE DEPARTMENT ON COMMERCIAL MOTOR VEHICLE INSPECTIONS POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department enter into an Agreement with Washington State Patrol on Commercial Motor Vehicle Inspections? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept. 12, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent n Ordinance ❑ Public Hearing ❑ City Council Business n Resolution ® Other - STAFF REPORT BY: LYNETTE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department Attachments: 1. PRHS &PS Committee Memo 2. Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections Options Considered: 1. Accept the Agreement between WSP and FWPD on Commercial Vehicle Inspections 2. Reject the Agreement between WSP and FWPD on Commercial Vehicle Inspections_ MAYOR'S RECOMMENDATION: 1 - Accept the Agreement between WSP and FWPD on Commercial Vehicle Inspections, and allow the Chief of Police to sign. MAYOR APPROVAL: oily tom itt '/D / RECTOR APPROVAL: ___ Yl j1 Initial COMMITTEE RECOMMENDATION: "I move to forward the Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections to the September 1 , 2017 Council consent agenda for approval." Committe Member 4 .. • .14 _ 4 Committe PROPOSED COUNCIL MOTION: "I move to accept the Interagency Agreement between WSP and FWPD on Commercial Vehicle Inspections, and authorize the Chief of Police to execute said Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 12, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between Washington State Patrol and the Federal Way Police Department on Commercial Motor Vehicle Inspections In January 2010, Federal Way Police Officers completed the Washington State Patrol (WSP) Commercial Enforcement Academy. This is specialized training to have a significant impact upon commercial vehicle enforcement issues in our city. In 2010 an agreement was entered into with WSP to maximize the utilization of commercial vehicle, driver and cargo inspection resources, avoid duplication of effort and expand the number of inspections performed. This new agreement is updated and will confirm the Federal Way Police Department's continued support of the Commercial Motor Vehicle Inspections. Currently, we have one officer certified to complete inspections. 1 WSP Contract No: K13003 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE PATROL AND FEDERAL WAY POLICE DEPARMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Washington State Patrol, ATTN: Commercial Vehicle Division, PO Box 42614, Olympia WA 98504 -2614, hereinafter referred to as WSP; and the Federal Way Police Department, 33325 8th Avenue South, Federal Way WA, hereinafter referred to as FWPD. The purpose of this Agreement is to maximize the effective utilization of commercial motor vehicle, driver and cargo inspection resources; to avoid duplication of effort and to expand the number of inspections performed; to advance uniformity of inspections; to minimize delays in schedules incurred by the commercial motor vehicle industry inherent to these types of enforcement activities; and to provide FWPD a means to use the Federal Motor Carrier Safety Administration's (FMCSA) ASPEN software to upload commercial vehicle inspection data into FMCSA's Motor Carrier Management Information System (MCMIS) via WSP's SAFETYNET. 1. Statement of Work. Both parties shall furnish the necessary personnel, equipment, material and /or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. FWPD shall use ASPEN to report commercial vehicle inspection data. For use of ASPEN both parties shall perform in accordance with Exhibit B, ASPEN Responsibilities. 2. Period of Performance. Subject to its other provisions, the period of performance of this Agreement shall start DOE, and shall continue for a period of five (5) years through end date, unless terminated sooner as provided herein. 3. Command and Control of WSP Staff. WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. 4. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 5. Records Maintenance. Both parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and Page 1 of 8 indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. Both parties shall retain all books, records, documents, and other material relevant to this Agreement for six (6) years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 6. Agreement Alterations and Amendments. This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 7. FWPD Representatives. The following persons or their successors represent the parties in matters involving this Agreement: For WSP: Mr. Kevin Zeller Commercial Vehicle Division PO Box 42614 Olympia WA 98504 -2614 For FWPD: Chief Andy J. Hwang Federal Way Police Department 33325 8th Avenue South Federal Way WA 98003 8. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and /or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing this Agreement. 9. Termination. Except as otherwise provided in this Agreement, either party may terminate its participation in this Agreement upon thirty (30) days' written notification to the other party. If a party's participation in this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. 10. Disputes. In the event that a dispute arises under this Agreement, it shall be determined in the following manner: The Chief of WSP shall appoint one member to the Dispute Board. The Department shall appoint one member to the Dispute Board. The Chief of WSP and the Department shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 11. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state statutes and regulations; • Special Terms and Conditions contained in the Statement of Work • General Terms and Conditions contained in this Agreement • Any other provisions of the Agreement, whether incorporated by reference or otherwise. Page 2 of 8 This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement. For Washington State Patrol: For Federal Way Police Department Signature Signature Date Date APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 06/04/2008 Page 3 of 8 WSP Contract No: K13003 Exhibit A STATEMENT OF WORK 1. WSP Responsibilities. WSP shall inspect commercial vehicles operating over public highways and at carrier terminal facilities. WSP also agrees to: a. Function as the lead FWPD for purposes of administering participation in the Surface Transportation Assistance Act (Act) and to ensure Washington State's compliance, including participating political subdivision, with the terms and conditions of the act. b. Train, retrain (as necessary or desirable), test and certify FWPD commercial vehicle inspections pursuant to agreement between WSP and the Commercial Vehicle Safety Alliance (CVSA). c. Supply to FWPD vehicle and driver out -of- service stickers, CVSA decals and inspection forms for all inspections conducted under this Agreement. d. Provide monitoring service relative to FWPD inspection techniques and violations recorded; and provide data entry for all eligible inspections conducted by FWPD. 2. FWPD Responsibilities. FWPD certifies that it has the authority to enforce FMCSA and hazardous materials regulations. FWPD shall, as a routine practice, confine inspection activities to vehicles operating over public highways; and shall participate in consolidated efforts during special roadside inspection activities and training programs. Also, FWPD shall: a. Adopt the North American Uniform Inspection Procedure and CVSA Out -Of- Service Criteria as adopted by WSP. b. Honor CVSA inspection decals affixed to commercial vehicles by authorized agencies. c. Affix CVSA decals to commercial vehicles that pass Level 1 CVSA inspections with no violations. The term "pass inspection" as used in this section shall be interpreted to mean that no violation of any inspection items contained in Appendix A, Part II of the CVSA Out -Of- Service Criteria is disclosed during the inspection process. No CVSA decal will be affixed to commercial vehicles when the inspection is pre - scheduled or voluntary. a. Require commercial vehicle operators to correct all defects disclosed during inspections. b. Adopt recommended out -of- service and other defect repair verification procedures as developed by CVSA. c. Conduct inspections with CVSA certified inspectors only; document commercial vehicle inspections on forms provided by WSP; and forward completed inspection forms to WSP within 5 days following the date of the respective inspection for processing and final compliance. d. FWPD officers that will perform commercial vehicle inspections shall attend CVSA Part A and B training, Size, Weight, and Load training and complete the required number of initial inspections under the guidance of a CVSA certified inspector within six (6) months of completing Part A and B classroom instruction. FWPD officers shall adhere to CVSA requirements for maintaining certification, adhere to all CVSA policies for conducting inspections, including following the Out -of- Service Criteria, and follow WSP enforcement guidelines when conducting CVSA inspections. Page 4 of 8 h. Operating Authority Checks: Officers shall verify every carriers operating authority and take appropriate action if a carrier is found to be non - compliant with federal regulations. Carriers found to be non - compliant shall be placed out -of- service when required and a copy of the inspection report will be faxed to the local FMCSA office. Investigators will check to see if companies have an Out of Service (OOS) order in effect and if it is determined a company is OOS, the vehicle will be placed OOS. Officers will utilize the ISS system, Query Central and any tools available to confirm carriers operating authority, jumping of OOS orders and violation history before conducting an appropriate Level of a CVSA inspection. If the information is not available roadside during a CVSA inspection the officer will contact the local FMCSA office to verify operating authority in order to ensure appropriate action is taken. Commercial Driver Licenses are verified through the National Law Enforcement Telecommunication System (NLETS) or Washington State's Department of Licensing. i. Require all FWPD inspectors to perform the required number of commercial vehicles inspections per year in order to maintain certification. WSP reserves the right to remove all related software if the required numbers of inspections are not met. a. Beginning January 1, 2017, CVSA updated Operations Policy 4. To maintain certification to conduct North American Standard Level I through Level V Inspections, an inspector shall in addition to the "General Maintenance of Certification" section of Operational Policy 4, perform a minimum of 32 North American Standard inspections of the inspector's highest certified level annually, preferably 8 inspections per quarter for which the inspector alone takes credit. b. To maintain the annual certification, the officer shall complete 32 CVSA Level 1 inspections. c. No CVSA Level 5 inspections will be submitted to the WSP. Require all FWPD inspectors to attend refresher training provided by WSP in order to maintain certification. k. Provide to the WSP Program Manager named under Agreement Management quarterly program evaluations within 15 days of the end of each fiscal quarter. I. Any cost incurred by FWPD relating to conformance with this Agreement, including training, retraining, testing and certifying inspectors, is the sole responsibility of FWPD. Page 5 of 8 Exhibit B ASPEN Responsibilities 1. Introduction. ASPEN was developed to facilitate electronic roadside safety inspections of commercial vehicles and drivers. It provides users with current information about the carrier, an inspection recommendation based on the carrier's safety and accident history, and computer assisted data entry procedures for conducting inspections. The Safety and Fitness Electronic Records System (SAFER) provides information to keep ASPEN users current by identifying changes to carrier information from MCMIS; it also provides a mechanism to electronically transfer inspections reports from roadside ASPEN units to SAFER for input into WSP's SAFETYNET and MCMIS. 2. Scope of Work. The parties to this Agreement agree to the following: a. FWPD Responsibilities. 1) Administration. FWPD shall designate a computer (IT) specialist to administer FWPD's use of ASPEN, SAFER and related software and equipment. The IT specialist shall obtain a User Authentication System (UAS) account from WSP for purposes of downloading FWPD's own ASPEN/ Inspection Selection System (ISS) updates. FWPD shall maintain software and hardware to keep it compatible with ASPEN and SAFER; resolve software and hardware problems that its officers may encounter with the program; set up software to make it FWPD- specific; update computers with new versions of the software as it is released; and update computers with new editions of the ISS and any other add -on programs required by SAFER or ASPEN in accordance with timelines, if any, provided by FMCSA or the WSP. FWPD shall also resolve download and data entry problems after FWPD officers submit their inspections to SAFER; and safeguard FWPD ASPEN manager's password to assure data integrity. 2) Training. FWPD's ASPEN computer specialist and all FWPD officers using ASPEN shall attend at least two hours of ASPEN - related training conducted by WSP. FWPD shall be responsible for providing any necessary training subsequent to this initial training provided by WSP. FWPD will correspond with the WSP's Commercial Vehicle Division's (CVD) Computer Support group supervisor to arrange the time and location for the Administrator and End -User training. 3) Data Transfer. FWPD officers using ASPEN shall upload inspection reports to SAFER on a daily basis. If FWPD experiences delays with the transfer due to equipment failure /phone line failure, FWPD will inform the WSP's Commercial Vehicle Division Computer Support Supervisor. b. WSP Responsibilities. 1) Administration. The WSP will provide at least one Commercial Vehicle Enforcement Officer (CVEO) to provide in- the -field training to FWPD personnel. The WSP's CVD computer support group will be responsible for providing FWPD with an ASPEN user's identification number. WSP's Commercial Vehicle Division Computer Support Supervisor will work with FWPD's technical representative to arrange a date for initial installation and training of the ASPEN and ISS applications. Page 6 of 8 2) Software Distribution. WSP shall provide to FWPD one initial installation copy each of the current versions of ASPEN and ISS software. FWPD shall be responsible for obtaining newer versions of this software as they become available. Software is available on the FMCSA website; if any critical software is unavailable on the website, upon request, WSP shall provide that data to the designated IT specialist to update FWPD's ASPEN Programs. 3) Training. WSP shall conduct one initial ASPEN /ISS training class for FWPD ASPEN computer specialist and up to five FWPD officers. All subsequent training will be the responsibility of FWPD. 3. ASPEN Equipment. a. Equipment Reimbursement. FWPD is responsible for providing the computer equipment necessary for FWPD to perform CMV inspections. Subject to available funding and solely at WSP's option, FWPD may receive reimbursement from WSP to provide initial computer equipment for each CVSA certified FWPD officer to aid in the purchase of the necessary computer equipment. FWPD is responsible for all computer equipment they use under this Agreement; and to ensure that the ASPEN and ISS applications coexist effectively with other possible applications on their computers. b. Title and Use of Equipment. Upon successful completion of the terms of this Agreement, all equipment purchased by FWPD with Agreement funds will be owned by FWPD. FWPD shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of such equipment, including all questions of liability. c. Equipment Management. If WSP reimburses FWPD for the purchase of equipment associated with this Agreement, FWPD shall manage that equipment according to the following: 1) Equipment Records. FWPD shall maintain equipment records that include: a description of the equipment; the manufacturer's serial number, model number, or other identification number; the Catalog of Federal Domestic Assistance (CFDA) number 20.218 or other CFDA number provided by WSP; who holds title; the acquisition date; the cost of the equipment and the percentage of federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the equipment. Equipment records shall be retained by FWPD for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by FWPD until all litigations, claims, or audit findings involving the records have been resolved. 2) Inventories. FWPD shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by FWPD to determine the cause of the difference. FWPD shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. FWPD shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. FWPD will develop adequate maintenance procedures to keep the property in good condition. 3) Disposition of Equipment. If FWPD is authorized or required to sell the property, Page 7 of 8 proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal FWPD, items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by FWPD with no further obligation to WSP or the awarding FWPD. Page 8 of 8 COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5c SUBJECT: VALLEY NARCOTICS ENFORCEMENT TEAM (VNET) / U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) HIDTA TASK FORCE AGREEMENTS. POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department enter into an Agreement with the U.S. Department of Justice, Drug Enforcement Administration to continue efforts to stop the trafficking of narcotics and dangerous drugs? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept. 12, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: • Consent n Ordinance ❑ Public Hearing n City Council Business n Resolution ® Other - STAFF REPORT BY: LYNETTE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department Attachments: 1. PRHS &PS Committee Memo 2. Drug Enforcement Administration MOU 3. State and Local HIDTA Task Force Agreement — Appendix F 4. U.S. Department of Justice — Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. Options Considered: 1. Accept the DEA MOU, State & Local HIDTA Agreement & Certifications 2. Reject the DEA MOU, State & Local HIDTA Agreement & Certifications MAYOR'S RECOMMENDATION: 1 - Accept the Drug Enforcement Administration MOU, HIDTA Agreement and Certifications, and allow the Chief of Police to sign. MAYOR APPROVAL: omm ee DLRECTOR APPROVAL: 'c- 2/0 7 �(/ Initial COMMITTEE RECOMMENDATION: "I move to forward the Drug Enforcement Administration MOU and HIDTA Agreement between the City of Federal Way / Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration to the S' itember 19 2017 Council consent agenda for approval." mittee Chair Committe Member Committee mb-r PROPOSED COUNCIL TION: "1 move to accept the Drug Enforcement Administration MOU and HIDTA Agreement between the City of Federal Way / Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration, and authorize the Chief of Police to execute said Agreements." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 12, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration Enforcement (DEA) HIDTA Task Force Agreements Narcotics and dangerous drugs have a detrimental effect on the health and well -being of not only the Citizens in Federal Way, but all people throughout Washington and beyond. The US Department of Justice, Drug Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and dangerous drugs. The Valley Narcotics Enforcement Team (VNET) was established to create and maintain a multi - jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. This Agreement designates the equitable sharing which the law enforcement participating agencies must acknowledge. In reference to Appendix F, the Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on February 8, 2010 and FWPD entered into an Agreement with the State and Local HIDTA for the reimbursement of overtime for the Officer. The attached appendix F is a continuation of our efforts to control the trafficking of drugs. This Agreement is effective October 1, 2017 through September 30, 2018 and reimburses FWPD for the Officer's overtime up to $18,042.00. 1 Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1st day of October, 2017, between the United States Department of Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA "), and the Federal Way Police Department (hereinafter "FWPD "). 1. The police agencies participating in the DEA SeaTac HIDTA Task Force (Group D -22), hereby agree to the following terms and conditions of this Memorandum of Understanding ( "MOU ") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ( "DOJ ") Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Participating Agency Contribution Auburn Police Department 1 TFO Federal Way Police Department 1 TFO Kent Police Department 1 TFO Port of Seattle Police Department 1 TFO Renton Police Department 1 TFO Seattle Police Department 1 TFO Tukwila Police Department 1 TFO Washington State Patrol 1 TFO 2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State, local, or federal government entities can be considered victims. Equitable sharing among the Task Force members shall be based upon the following pre - arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team shall receive 80 %* *The equitable sharing will be disbursed per the agreed upon MOU signed by all the parent agencies participating in the Valley Narcotics Enforcement Team Task Force. 3. Participants understand that if a non -MOU member receives an equitable share based upon their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non -MOU agency C receives 10% based upon their contribution, then the MOU Participants' pre - arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20 %. 5. Participants further understand that the federal decision - makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For the Drug Enforcement Administration: Keith Weis Special Agent in Charge For the Federal Way Police Department: Andy Hwang Chief of Police 2 Date: Date: Appendix F STATE AND LOCAL HIDTA TASK FORCE AGREEMENT This agreement is made this first (1St) day of October 2017, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Federal Way Police Department (hereinafter "FWPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater King County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Washington, the parties hereto agree to the following: 1. The DEA SeaTac HIDTA Task Force (Group D -22) will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Washington. 2. To accomplish the objectives of the DEA SeaTac HIDTA Task Force (Group D -22), the FWPD agrees to detail one (1) experienced officer(s) to the DEA SeaTac HIDTA Task Force (Group D -22) for a period of not less than two years. During this period of assignment, the FWPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The FWPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The FWPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the DEA SeaTac HIDTA Task Force (Group D -22), DEA will assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and six (6) officers assigned to the task force. This support will include: office space, office supplies travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 6. During the period of assignment to the DEA SeaTac HIDTA Task Force (Group D -22), the FWPD will remain responsible for establishing the salaries and benefits, including overtime, of the FWPD officers assigned to the task force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the Valley Narcotics Enforcement Team "VNET" on behalf of the Federal Way Police Department for overtime payments made by it to the FWPD officers assigned to the DEA SeaTac HIDTA Task Force (Group D -22) for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently $18,042.00, per officer. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will the Federal Way Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The FWPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The FWPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The FWPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The FWPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The FWPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. The FWPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. The FWPD understands and agrees that HIDTA will provide the DEA SeaTac HIDTA Task Force (Group D -22) Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune -ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S) -HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the FWPD personnel, in addition to whatever accident reporting requirements the FWPD may have. 14. While on duty and acting on task force business, the FWPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2018. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by Federal Way Police Department during the term of this agreement. For the Drug Enforcement Administration: Date: Name: Keith R. Weis Title: Special Agent in Charge (SAC) For the Federal Way Police Department Date: Name: Andy Hwang Title: Chief of Police U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro - curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by para -graph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061 /4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic -tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- Ification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) SeaTac HIDTA Task Force (Group D -22) 300 5th Ave, Suite 1300 Seattle, WA 98104 eck o oif there are workplaces on file that are not indentified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check I I if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620— A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Federal Way Police Department 33325 8th Ave South Federal Way, WA 98003 2. Application Number and /or Project Name DEA SeaTac HIDTA Task Force (Group D -22) 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative Andy Hwang, Chief of Police – Federal Way Police Department 5. Signature 6. Date *U.S. Govemment Printing Office: 1996 - 405-037/40014 COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: KING COUNTY REGISTERED SEX OFFENDER COST REIMBURSEMENT AGREEMENT POLICY QUESTION: Should the City Of Federal Way / Federal Way Police Department accept the Registered Sex Offender (RSO) Overtime Cost Reimbursement Agreement from the King County Sheriff's Office (KCSO)? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 12, 2017 Council Committee (PRHS &PSC) CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution Public Hearing Other STAFF REPORT BY: Lynette Allen, Executive Assistant Attachments: 1. PRHS &PS Staff Memo 2. KCSO Cost Reimbursement Agreement Options Considered: 1. Accept the KCSO RSO Overtime Cost Reimbursement Agreement 2. Reject the KCSO RSO Cost Overtime Reimbursement Agreement DEPT: Police MAYOR'S RECOMMENDATION: 1. Accept the KCSO RSO Overtime Cost Reimbursement Agreement MAYOR APPROVAL: DIRECTOR APPROVAL: ` ^7 8 /B /i7 ommi ee o.nci , //// . Initial COMMITTEE RECOMMENDATION: "I move to forward the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office to the September 19, 2017 Council consent agenda for approval." Committee Member PROPOSED COUNCIL MOTION: "I move to accept the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office and authorize the Chief of Police to execute said Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 12, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: King County Sheriff's Office (KCSO), Registered Sex Offender (RSO) Cost Reimbursement Agreement The Federal Way Police Department (FWPD) is seeking grant funding from the King County Sheriff's Department in support of the Federal Way Police Department's Registered Sex Offender and Kidnapping Offender Address and Residency Verification Program. The grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders, up to a maximum amount of $25,579.36. FWPD will be partnering with the King County Goverment in implementing multiple program elements to ensure that sex offenders are in compliance under the guidelines of current laws. A strong enforcement effort to apprehend and prosecute offenders will help improve the quality of life for our citizens. We have been participating in the King County RSO Grant Funding since at least 2009. 1 Cost Reimbursement Agreement Executed By King County Sheriffs Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: John Urquhart, Sheriff King County Sheriff's Office W -150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Federal Way Police Department, a police department in King County, hereinafter referred to as " "Contractor," Department Authorized Representative: Andy Hwang, Chief of Police 33325 8th Avenue South Federal Way, WA 98002 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated Cost Reimbursement Agreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight (8) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2017 and shall end on June 30, 2018 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face -to -face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant - related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is the Offender Watch generated "Registered Sex Offender Verification Request (WA)" that the sex or kidnapping offender completes and signs during a face -to -face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer /detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2017. Quarterly progress reports shall be delivered to: Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM -SO -0200 Seattle, WA 98104 Page 2 of 5 July 26, 2017 Cost Reimbursement Agreement Phone: 206 - 263 -2122 Email: tina.keller @kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10th of the month following the billing period. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non - overtime related expenditures must be pre- approved by KCSO. Your request for pre - approval must include: 1) The item you would like to purchase, 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre - approval in email format. Requests for reimbursement from KCSO for the above non - overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Page 3 of 5 July 26, 2017 Cost Reimbursement Agreement Requests for reimbursement must be sent to: Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM -SO -0200 Seattle, WA 98104 Phone: 206 - 263 -2122 Email: tina.keller @kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Twenty Five Thousand Five Hundred Seventy Nine Dollars and Thirty Six Cents ($25,579.36). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2018 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a "Sex /Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer /detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON - DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non - Discoverable Face Sheet." This form shall be attached to each "Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant Page 4 of 5 July 26, 2017 Cost Reimbursement Agreement ARTICLE VII. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. FEDERAL WAY POLICE KING COUNTY SHERIFF'S DEPARTMENT OFFICE Andy Hv✓ang, Chief of Police John Urquhart, Sheriff 5*/ r7 Date Date Page 5 of 5 July 26, 2017 €L:C Nt $ rr A V entication Request Page: Page 1 of 1 Agency: King County WA Sheriffs Office Administrator: King County Sheriffs Office RSO Unit Phone: (206)263 -2120 Date: 7/25/2017 Offender Information Name tester , teaser I POB DOB 01/01/1990 Sex Male Race White Height Weight Risk/Class. Responsibility () Verifications: Type Last Date Next Date Comments Registration # 2399903 SSN 123 -12 -1111 Age 27 Alt Reg # Orient Drv. Lic. /State Nat. No Selection FBI Hair State ID Eyes Zone Comm. Transient - Weekly 04/01/2017 04/14/2017 12 L3 Offender Photo PHOTO NOT AVAILABLE Compliant Active Officer Alert 7/25/17 TEST ALERT!! Primary Email Address`! Primary IP Address 123.SMITH @YAHOO.COM uA' Residence Street (Bold - Primary Home Addres ). ` f Phone (Bold - Primary Contact Numbers) Number Type Description (123) 456 -7777 Home Employment/School Name Address Supervisor Phone SMITH BROTHERS Vehicle Make Model Color Year lLicense State VIN Acura CL Red 1.901, ABC1234 Comments Offense Date RS Code /Description Convicted Released Case # Crime Details 9.68A.070 /Possession of depictions of minor 02/19/2015 engaged in sexually explicit conduct., Probation Status Probation Officer -. Contact County Conditions Open Cases Date Opened Case Number Notes 0 No Change do hereby attest, under penalties of perjury, that any and all information . contained here is current and accurate on this day of 20 Offender Signature: Officer Signature: Date: Badge Number: Witness Signature: Date: EXHIBIT B z O • ( /STATE /ZIP: ODE.. tK PHONE: 0 DATE/ TIME: DATE/ TIME: DATE/ TIME: O OFFENDER'S NAME: ADDRESS: OFFENDER PHONE: EMPLOYER: OFFENDER LEVEL IF KNOWN: DATE & TIME OF CONTACTS: *SEE KEY BELOW FOR CODING RESULT: RESULT: RESULT: DATE/ TIME: DATE/ TIME: DATE/ TIME: RESULT: RESULT: RESULT: ATE / ME: E^ r DATE / TIME: Q H 0 z z $2 cA • z V Z C O n ID MADE IN PERSON CONTACT: El O n STATEMENT TAKEN: REPORTING PARTY INFORMATION: 6a Q N H U H RELATION: REPORTING PERSON: TELEPHONE: RELATION TO OFFENDER: 9 = TOOK STATEMENT 1 = OFFENDER MOVED *CONTACT CODE KEY: AGENCY: OFFICER/DETECTIVE: EXHIBIT C Date Agency /Officer Incident number Suspect's Name: Witness Statement — Failure to Register Suspect's Last Registered Address: Witness' Name: Witness's Home Address: Witness' Home Phone Number Cell: Other: How do they know the suspect (please be as detailed as possible)? *If suspect rented an apartment or a room from the witness, please have them provide a copy of any documentations to this effect and any documentations the suspect moved out. Did the witness ever see the suspect at his/her last registered address? How often would they see him/her there? When did the witness start seeing him/her there? When did they stop? Why did the suspect stop staying at the address? Did the suspect keep any personal belongings there? In general, when is the last time they saw the suspect ? Do they know where the suspect moved to or their current whereabouts? Can they provide the names and contact information of any other witnesses who would have seen the suspect staying at his /her last registered address? Is the witness willing to assist in prosecution? Under penalty of perjury of the laws of the State of Washington, I certify that the foregoing is true and correct. Witness' Signature date EXHIBIT D WASPC GRANT FILING NON - DISCOVERABLE TO: KCPAO — Special Assault Unit — Seattle DATE: FROM: INCIDENT #: AGENCY: SUSPECT #1: DOB: RACE: SEX: M ❑ F❑ HGT: WGT: SUSP #1 ADDRESS: CHARGE: Failure to Register as a Sex Offender DATE OF CRIME: VICTIM #1: State of Washington DOB: VICTIM #2: DOB: INTERVIEWED BY: NO ONE DPA NAME: TYPE OF CASE: FTR - Failure To Register OTHER TYPE: THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS FILING OF CHARGES: - Comments: ❑ DECLINE: - Comments: WASPC STATISTICAL REPORTING TO KCSO Case Referral Received by KCPAO on this date: Case filed by KCPAO: YES ❑ NO ❑ Cause Number Assigned: If no, please indicate why: Other Explanation: COUNCIL MEETING DATE: September 19, 2017 ITEM #: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to Accept the 2017 King County Flood Control District Flood Reduction Grant Award POLICY QUESTION: Should City Council authorize SWM Staff to proceed with acceptance of the 2017 King County Flood Control District Flood Reduction Grant award in the amount of $250,000 to be applied to the Lakota Berm and Pipe Repair Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager DEPT: Public Works Attachments: LUTC Memo dated September 11, 2017 Options Considered: 1. Authorize SWM Staff to proceed with acceptance of the 2017 King County Flood Control District Flood Reduction Grant Award in the amount of $250,000 for the Lakota Berm and Pipe Repair Project. 2. Do not authorize SWM Staff to proceed with acceptance of the 2017 King County Flood Control District Flood Reduction Grant Award in the amount of $250,000 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the September 19, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: Co nee // • Council Initia /Date v Initial/Date DIRECTOR APPROVAL: nitial/Date 2zI1� COMMITTEE RECOMMENDATION: 1 move to forward option 1 to the September 19, 2017 Council Consent Agenda for approval. vin a -lam ommittee Chair Committee PROPOSED COUNCIL MOTION: "I move to authorize SW Staff to proceed with acceptance of the 2017 King County Flood Control District Flood Reduction Grant Award in the amount of $250,000 for the Lakota Berm and Pipe Repair Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E. Public Works Director FROM: EJ Walsh, P.E. Deputy Public Works Director t y" Theresa Thurlow, P.E. Surface Water Manager f SUBJECT: Authorization to Accept the 2017 King County Flood Control District Flood Reduction Grant Award BACKGROUND: On May 2, 2017, City Council authorized SWM Staff to submit an application for the King County Flood Control District Flood Reduction Grant in the amount of $250,000 for the Lakota Berm and Pipe Repair Project. This project is scheduled to be constructed in 2018. A project site map is attached. SWM Staff has received notification that the City has been awarded this grant in the full amount requested. Project (Funding Phase) Estimated Project Grant Fund City Match Grant Cost Lakota Berm and Pipe Repair $329,000 $250,000 $79,000 cc: Project File Day File COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects — Authorization to Accept NHS Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2017 CATEGORY: ® Consent [1 City Council Business ❑ Ordinance ❑ Public Hearing ® Resolution ❑ Other STAFF REPORT BYrDesiree Winkler, P.E. Deputy Public works Director/ Street Systems Manger DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum Dated September 11, 2017 Resolution to accept Federal Grant Funding Options Considered: 1. Approve the attached resolution to accept Federal Grant Funding for the following projects: a. SW Campus Drive (19th Ave SW to 1st Ave S) Preservation Project b. 16th Ave S. (SR 18 / S 348th to SR99 / Pacific Hwy) Preservation Project 2. Do not approve the attached resolution to accept Federal NHS Grant Funding and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 19, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: ommitt & Co iI Initial/Date Initial /Date DIRECTOR APPROVAL: vtIi1 Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 19, 2017 consent agenda for approval. Committee Chair Committe - "ber om ee Member PROPOSED COUNCIL MOTION: "I move approval of the i, ached resolution to accept Federal Grant Funding for the following projects: a. SW Campus Drive (19th Ave SW to 1st Ave S) Preservation Project; and, b. 16th Ave S (SR 18 / S 348th to SR99 / Pacific Hwy) Preservation Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2017 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director esiree Winkler, P.E., Deputy Public Works Director /Street Systems Manager SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Accept NHS Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2017 under the National Highway System (NHS) Asset Management (Federal Funds) Project (Funding Phase) Estimated Project Possible Grant Proposed Grant Cost Fund City Match Street Asphalt Overlay Program — SW Campus Drive (19th Ave SW to 1st Ave S) Preservation Project (Design and Construction) 2017 National Highway System (NHS) Asset Management (Federal Funds) $1,400,000 $952,000 $448,000* Street Asphalt Overlay Program — 16th Ave S (SR 18 / S 348th to SR99 / Pacific Hwy) Preservation Project (Design and Construction) 2017 National Highway System (NHS) Asset Management (Federal Funds) $800,000 $692,000 $108,000* * The required City match for this grant will be provided from the asphalt overlay budget. Attachments: Vicinity Map (Campus Drive Preservation); Vicinity Map (16t Ave Preservation) RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington authorizing the Mayor to execute Local Agency Agreements with Washington State Department of Transportation regarding the SW Campus Drive Preservation and 16th Avenue South Preservation Projects in the City of Federal Way, Washington. WHEREAS, the City of Federal Way applied for 2017 National Highway System (NHS) Asset Management funds from the Washington State Department of Transportation for the purpose of design and construction phases of the SW Campus Drive Preservation and 16th Avenue South Preservation Projects within the City; and WHEREAS, the Washington State Department of Transportation agreed to grant the City of Federal Way federal funds in the total amount of Nine Hundred Fifty -Two Thousand no /100 Dollars ($952,000.00) for the SW Campus Drive Preservation Project and Six Hundred Ninety -Two Thousand and no /100 Dollars ($692,000.00) for the 16th Avenue South Preservation Project on the condition that the City Council authorizes the Mayor to enter into the Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Execution of the Local Agency Agreement. The Mayor or his designee is hereby authorized to execute the Local Agency Agreements regarding improvements to the SW Campus Drive Preservation and 16th Avenue South Preservation Projects in the City of Federal Way. Resolution No. 17- Page 1 of 3 Rev 6/17 Section 2. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept and receive the federal funds estimated to be Nine Hundred Fifty -Two Thousand no /100 Dollars ($952,000.00) for the SW Campus Drive Preservation Project and Six Hundred Ninety -Two Thousand and no /100 Dollars ($692,000.00) for the 16th Avenue South Preservation Project. Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City will provide the required matching funds of approximately Four Hundred Forty-Eight Thousand and no /100 Dollars ($448,000.00) for the SW Campus Drive Preservation Project and One Hundred Eight Thousand and no /100 Dollars ($108,000.00) for the 16th Avenue South Preservation Project. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 17- Page 2 of 3 Rev 6/17 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 Rev 6/17 /City of Federal Way A CC (1) Kent Project Area A. CITY OF Federal Way 16th Avenue South (S 340th Street to S 348th Street) Preservation Project This map is intended for use as a graphical representation. Map Date: 4/2017 The City of Federal Way makes L: \MsApps\ACAD \Drawings\PUBWKS \STREETS \GRANTMAPS \161r Ave S Preservation Prolect.mxd no warranty as to its accuracy. /NA City of Federal Way Des Moines STAVE SW S 320TH ST w Ken: Federal v J 5 Project Area SW CAMPUS CP - Federal Way SW Campus Drive (19th Avenue SW to 1st Street South - The Reserve) Preservation Project This map is intended for use as a graphical representation. The City of Federal Way makes L: \MsApps\ACAD \Drawings \PUBWKS \STREETS \GRANTMAPS SW Campus Drive Preservation Project.mxd no warranty as to its accuracy. Map Date: 4/2017 COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5g SUBJECT: RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects — Authorization to Accept Emergency Relief Program Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2017 CATEGORY: ® Consent n City Council Busi ss ❑ Ordinance ® Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: 'Desiree Winkler, P.E. Deputy Public Works Director/ Street Systems Manger DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum Dated September 11, 2017 Resolution to accept Federal Grant Funding Options Considered: 1. Approve the attached resolution to accept Federal Grant Funding for the SW Dash Point Road Emergency Slide Repair. 2. Do not approve the attached resolution to accept Federal Grant Funding for the SW Dash Point Road Emergency Slide Repair and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 19, 2017 Council Consent Agenda for approv MAYOR APPROVAL: Co Ittee Cou 11 Initial/Date Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: move to forward Option 1 to the September 19, 2017 consent agenda for approval. Committee Chair A. • , ,�1 _ --ft i. . PROPOSED COUNCIL MOTION: "1 move app SW Dash Point Road Emergency Slide Repair." Committee ( e . er Com ee Member val of the at ched resolution to accept Federal Grant Funding for the (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11 /2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2017 TO: City Council VIA: Jim Ferrell, Mayor FROM: arwan Salloum, P.E., Public Works Director Desiree Winkler, P.E., Deputy Public Works Director /Street Systems Manager SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Accept Emergency Relief (ER) Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2017 under the Federal Highway Administration (FHWA) Emergency Relief (ER) Funding. Since the March 16, 2017 mud slide at the 2800 Block of Dash Point Road, staff worked with WSDOT and FHWA staff to determine eligibility of completed repairs and additional permanent restoration to receive Emergency Relief funds. WSDOT and FHWA staff concurred that the work completed to date including: mud and debris removal, minor shoulder reconstruction, ditch re- establishment, guard rail and concrete barrier replacement, and erosion control was eligible for 100% reimbursement. The work was limited to these activities that occurred within the existing right -of -way. The future work to provide additional armoring of the shoulder, removing the guardrail from the creek, and removal of some silt to reestablish the original stream alignment was determined to not be eligible for ER fund reimbursement. Staff propose to complete future work with in -house resources after the city receives a permit from Department of Fish and Wildlife, and in- stream work window is open — generally in late summer / early fall. Project G> ant Estimated Project Cost G E ` Math SW Dash Point Road Emergency Slide Repair (Design and Construction) FHWA Emergency Relief Program Funding $92,635 $92,635 0.00 K: \LUTC\2017 \9 - September 2017 \09 -11 -17 Acceptance of Grant Funding- ERP.doc RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington authorizing the Mayor to execute Local Agency Agreement with the Washington State Department of Transportation regarding the Dash Point Road Emergency Slide Repair in the City of Federal Way, Washington. WHEREAS, on March 16, 2017, a mud slide closed the 2800 block of SW Dash Point Road in Federal Way, WA and caused damage to the roadway; and WHEREAS, the City declared an emergency and diligently completed work to evaluate, clean, stabilize, and repair SW Dash Point Road in order to reopen the roadway; and WHEREAS, the City of Federal Way applied for Federal Highway Administration Emergency Relief Funds from the Washington State Department of Transportation for the purpose of design and construction phases of the SW Dash Point Road Emergency Slide Repairs; and WHEREAS, the Washington State Department of Transportation agreed to grant the City of Federal Way federal funds in the total amount of Ninety -Two Thousand Six Hundred Thirty -Five and no /100 Dollars ($92,635.00) for the SW Dash Point Road Emergency Slide Repair on the condition that the City Council authorizes the Mayor to enter into the Local Agency Agreement and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Execution of Acceptance of the Local Agency Agreement. The Mayor or his designee is hereby authorized to execute the Local Agency Agreement regarding the SW Dash Point Road Emergency Repair Project in the City of Federal Way. Resolution No. 17- Page 1 of 3 Rev 6/17 Section 2. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept and receive the federal funds estimated to be Ninety -Two Thousand Six Hundred Thirty-Five and no /100 Dollars ($92,635.00) for the SW Dash Point Road Emergency Slide Repair Project. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 17- Page 2 of 3 Rev 6/17 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 Rev 6/17 COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5h SUBJECT: 21st Ave S Pedestrian Connection - S 314th St to S 316th Street (Grand Staircase) — 30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the 21st Ave S Pedestrian Connection - S 314th St to S 316th Street (Grand Staircase) and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: EJ Walsh, P.E. Deputy Public Works Director "tom DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated September 11, 2017. Options Considered: 1. Authorize staff to proceed with the design of the 21st Ave S Pedestrian Connection - S 314th St to S 316th Street (Grand Staircase) and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the September 19, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: For 410 -viv ccr[a Az(C fr , v40• %4 Committee Council - InitialiDate Initial/Date ,w. Msb-ixe Fire-11 [RECTOR APPROVAL: %6930 Initial/Date COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the September 19, 2017 Council Consent agenda or approval. - -_-� ommittee C air Committed ➢ViemTber PROPOSED COUNCIL MOTION: "I move to authorize sluff to proceed with the design of the 21st Ave S Pedestrian Connection - S 314th St to S 316th Street (Grand Staircase) and return to the LUTC and Council at the 85% design completion stage for further reports and authorization." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED- 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Edward Walsh, P.E., Deputy Public Works Director SUBJECT: 21st Ave S Pedestrian Connection - S 314th St to S 316th Street (Grand Stair Case) — 30% Design Status Report BACKGROUND: This Project will construct staircase with ADA- accessible ramp to connect Avenue S north of S316th Street.. The following provides a brief synopsis of the progress on this project to date. approximately 30% complete, which includes the following completed tasks: • The Topographical Surveys • Utility Coordination • SEPA Environmental Determination of Exempt status. • Right of Way Acquisitions • Project Design to 30% Ongoing Tasks Include: • Final Contract Specifications • Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Design Right of Way 2018 Construction Cost 10% Construction Contingency Construction Management $300,000 $500,000 $2,500,000 $250,000 $200,000 TOTAL PROJECT COSTS $3,750,000 AVAILABLE FUNDING: Budgeted City Funds (2017) $125,000 LIFT Fund (2016) $500,000 LIFT Fund (2017) $100,000 LIFT Fund (2018) $1,000,000 Regional Mobility Grant (King County Metro) $500,000 TOTAL AVAILABLE BUDGET $2,225,000 Unfunded at this time ** $1,525,000 ** Possible funding source: Grant Funding, REET fund, impact fees, and/or etc. to the proposed extension of 21st Currently, the project design is As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 51 SUBJECT: AUTHORIZATION TO APPLY FOR AND ACCEPT KING COUNTY GRANT FUNDING IN SUPPORT OF LOCAL FOOD WASTE PREVENTION PROJECTS POLICY QUESTION: Should the City Council authorize submittal of a grant funding request to King County as well as subsequent acceptance of this grant funding in order to support development and implementation of local projects focused on preventing commercial food waste and supporting recovery of edible food? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Sept. 11, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rob Van Orsow, Solid Waste & Recycling ooDEPT: Public Works Attachments: Memorandum with background on this grant's Request for Proposals process and a summary of the proposed project elements dated September 11, 2017 Options Considered: 1. Authorize submittal and acceptance of this grant funding request as outlined in the attached Memo. 2. Do not approve submittal of this grant funding request. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 19, 2017 Council Consent Agenda j approval. MAYOR APPROVAL: Initial/Date ouncil Initial /Date 1IRECTOR APPROVAL: qls 17 nitial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 19, 2017 Council Consent Agenda for approval. Committee Chair Commit - ember PROPOSED COUNCIL MOTION: "I move to authorize u bmittal of a request for grant funds as well as .% 9 .f �' f execution of an interagency contract to accept subsequently awarded grant funds to support local commercial food waste prevention projects per King County Request for Proposals 12 71-1 7-LSM" Com t Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED- 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum ,P.E. Public Works Director FROM: EJ Walsh, P.E. Public Works Deputy Director, Rob Van Orsow, Solid Waste & Recycling Coor nator,„o SUBJECT: Authorization to Apply for and Accept King County Grant Funding in Support of Local Food Waste Prevention Projects (King County Request for Proposals 1271-1 7-LSM) BACKGROUND: On August 29, 2017 King County released Request for Proposals 1271 -17 -LSM announcing the availability of funding for commercial food waste prevention projects. The County seeks projects that prevent or reduce food waste (edible and/or non - edible food) generated by commercial sources. Awards of $20,000 to $50,000 are anticipated, with no match requirement. The RFP process is on a fast track, with proposals due September 26, 2017 and award selections announced in early October. SWR Division's 2017 -18 Strategic Plan includes food waste prevention outreach, but this would be limited (for example developing and distributing food waste prevention educational materials to share with businesses as part of routine recycling outreach). King County's Food Waste Reduction Grant funding would leverage more in -depth assistance and the resources needed to overcome barriers. The grant funding also fits this SWR Division objective: "Promoting and implementing waste reduction, recycling and composting programming for residents and businesses." Other jurisdictions have utilized similar grants to implement commercial food waste reduction programs in order to divert edible food to food banks, soup kitchens and shelters. These other jurisdictions will share information, resources and lessons learned. The City's role in similar programs is to pull together local agencies (organizations, churches, schools, restaurants /food service, and food banks /pantries) to coordinate donations and assist with overcoming barriers (transportation, packaging, refrigeration, and storage). This grant funding will support innovative local food rescue programming, through linking edible food donors (such as large scale commercial kitchens and restaurants) with recipient agencies such as the Multi - Service Center, Meals on Wheels, Federal Way Community Caregiving Network, Bridging A Gap, and similar agencies identified by City Human Services staff. Staff would make use of the following strategies as outlined in the RFP, including: o Provision of refrigerated vehicles or other infrastructure to expand the capacity to pick up foods /drinks from institutions such as schools for delivery to hunger - relief agencies. o Development of prevention opportunities with publicly funded meal sites such as preschools, daycares and summer feeding programs. o Food donation programs or networks that focus on recovery of edible prepared food. In the event this grant funding is awarded, City Council is also being asked to approve execution of the related interagency agreement, since the Request for Proposal anticipates starting the contract in the fourth quarter of 2017. Cc: Project File Day File \ \CFWFILEI \Department \PW\SWR \PROJECTS \Commercial Food Waste Reduction \RFP Documents \09 -19 -2017 Food Waste Prevention Grant memo.doc COUNCIL MEETING DATE: September 19, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6a SUBJECT: RESOLUTION: COUNCIL POSITION ON FEDERAL WAY SCHOOL DISTRICT NO. 210 BALLOT PROPOSITION No. 1. POLICY QUESTION: Should Council take a position on the Federal Way School District No. 210 Ballot Proposition No. 1? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent n Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: N/A Attachments: 1. Resolution in Support 2. Resolution in Opposition Options Considered: 1. Adopt Resolution in Support 2. Adopt Resolution in Opposition 3. Take no position MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee ! /.un Initial/Date / itial/Dat DEPT: N/A 7 DIRECTOR APPROVAL: t% 9'13'1't Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Resolution in (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, supporting Federal Way School District No. 210 Ballot Proposition No. 1, bonds to construct new classrooms and replace and renovate aging and deteriorating school facilities - $450,000,000. WHEREAS, educational facilities within Federal Way School District No. 210, King County, Washington (the "District ") are aging, deteriorating, and are in need of improvement; and WHEREAS, safe, adequate, and efficient educational facilities are essential to foster a successful educational environment; and WHEREAS, the City of Federal Way has grown rapidly and the increased population within the City, as well as surrounding areas, and the corresponding increase in school enrollment, has exceeded the capacity of existing capital facilities owned by the District; and WHEREAS, the Board of Directors of the District voted to place a ballot proposition before the qualified electors of the District for the issuance of general obligation bonds in the principal amount of four hundred and fifty million dollars ($450,000,000); and WHEREAS, King County placed the proposition on the ballot titled as Federal Way School District No. 210, Proposition No. 1, bonds to construct new classrooms and replace and renovate aging and deteriorating school facilities - $450,000,000; and WHEREAS, the bonds will be used to construct new classroom and replace and renovate aging schools and facilities, which include Thomas Jefferson High School, Totem Middle School, Illahee Middle School, Lake Grove Elementary School, Mirror Lake Elementary School, Olympic View Elementary School, Star Lake Elementary School, Wildwood Elementary School, Memorial Stadium, and to repurpose the former Central Kitchen; and Resolution No. 17- Page 1 of 3 Rev 6/17 WHEREAS, the bond's project list also provides for the relocation of Mark Twain Elementary School and major maintenance and security upgrades at all school locations; and WHEREAS, capital improvements to the District's facilities represent an investment in the City's youth; and WHEREAS, a quality educational environment is a key element of making Federal Way a great place to live and raise a family; and WHEREAS, the City has provided the required public notice regarding the consideration of a position on the ballot proposition and has allowed equal time for expression of opposing views. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Federal Way supports Federal Way School District Ballot Proposition No. 1. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution 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 resolution is hereby ratified and affirmed. Resolution No. 17- Page 2 of 3 Rev 6/17 Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 Rev 6/17 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, opposing Federal Way School District No. 210 Ballot Proposition No. 1, bonds to construct new classrooms and replace and renovate aging and deteriorating school facilities - $450,000,000. WHEREAS, educational facilities within Federal Way School District No. 210, King County, Washington (the "District ") are aging, deteriorating, and are in need of improvement; and WHEREAS, the Board of Directors of the District voted to place a ballot proposition before the qualified electors of the District for the issuance of general obligation bonds in the principal amount of four hundred and fifty million dollars ($450,000,000); and WHEREAS, King County placed the proposition on the ballot titled as Federal Way School District No. 210, Proposition No. 1, bonds to construct new classrooms and replace and renovate aging and deteriorating school facilities - $450,000,000; and WHEREAS, the bonds will be used to construct new classroom and replace and renovate aging schools and facilities, which include Thomas Jefferson High School, Totem Middle School, Illahee Middle School, Lake Grove Elementary School, Mirror Lake Elementary School, Olympic View Elementary School, Star Lake Elementary School, Wildwood Elementary School, Memorial Stadium, and to repurpose the former Central Kitchen; and WHEREAS, the bond's project list also provides for the relocation of Mark Twain Elementary School and major maintenance and security upgrades at all school locations; and WHEREAS, the amount of the bond and scope of the project list are beyond what is necessary to accomplish the District's goals; and WHEREAS, the bond will impose a substantial financial burden on the City's tax payers. Resolution No. 17- Page 1 of 3 Rev 6/17 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Federal Way opposes the Federal Way School District Ballot Proposition No. 1. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution 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 resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. Resolution No. 17- Page 2 of 3 Rev 6/17 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 Rev 6/17